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Eden Valley City Zoning Code

CHAPTER 150

ZONING

APPENDIX: ZONING MAP

Note: To view the Zoning Map in PDF, click HERE
 

§ 150.001 TITLE AND APPLICATION.

   (A)   Title. This chapter shall be known as the “Eden Valley Zoning Ordinance”, except as referred to herein, where it shall be known as “this chapter” and shall supersede any previous ordinance specifically pertaining to the regulation of land uses/zoning within the city.
(Prior Code, § 501.010)
   (B)   Intent and purpose. The intent of this chapter is to protect the public health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing development and use. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration, and use of structures and land. Such regulations are established to provide adequate light, air, and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties for violation of such regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission, and the City Council in relation to this chapter.
(Prior Code, § 501.020)
   (C)   Short title. This chapter shall be known and may be cited as the “Eden Valley Zoning Ordinance”.
(Prior Code, § 501.030)
   (D)   Standard requirements.
      (1)   Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by other ordinance, rule, or regulation of the city, the ordinance, rule, or regulation which imposes the more restrictive condition standard or requirements shall prevail.
      (2)   In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety, and welfare.
      (3)   No structure shall be erected, converted, enlarged, or used for any purpose which is not in conformity with the provisions of this chapter. This shall include changes in the use of the property.
      (4)   Except as herein provided, no building, structure, or premises shall hereafter be used or occupied and no site permit shall be granted that does not conform to the requirements of this chapter.
(Prior Code, § 501.040)
   (E)   Uses not provided for within zoning districts.
      (1)   Whenever, in any zoning district, a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case, the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable, and, if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use.
      (2)   The City Council, Planning Commission, or property owner shall, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.
(Prior Code, § 501.050)
   (F)   Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
      (1)   The singular number includes the plural and the plural the singular;
      (2)   The present tense includes the past and the future tenses, and the future the present;
      (3)   The word “shall” is mandatory while the word “may” is permissive; and
      (4)   The masculine gender includes the feminine and neuter.
(Prior Code, § 501.070)
(Ord. passed 10-8-2003)

§ 150.002 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the main building or use is situated and is reasonably necessary and incidental to the conduct of the primary or principal use of such building or main use.
   ADDRESS SIGN. A sign communicating street address only, whether written or in numerical form.
   ADVERTISING SIGNS. A billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise products, goods, and/or services which are not exclusively related to the premises on which the sign is located.
   AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include, but are not limited to: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without buildings.
   ALLEY. A public right-of-way which affords secondary access to abutting property.
   ALTERATION. As applied to a building or structure, is a change or rearrangement in exterior structural parts, or enlargement or the moving from one location to another.
   APARTMENT. A part of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence for one family or an individual and equipped with cooking facilities.
   APARTMENT BUILDING. Three or more suites of rooms, which are each designed for, intended for, or occupied as a residence by a single family or an individual, and are each equipped with cooking facilities (includes dwelling units and efficiency units).
   APPLICANT. Any person who wishes to obtain a zoning permit, zoning, or subdivision approval.
   AUTOMOBILE REPAIR. General repair, rebuilding, or reconditioning engines, motor vehicles, or trailers; collision service, including, but not limited to, body, frame, or fender straightening or repair; and painting and vehicle steam cleaning.
   AUTOMOBILE WRECKING OR JUNK YARD. Any place where two or more vehicles not in running condition and/or not licensed, or parts thereof, are stored in the open and are not being restored to operation; or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles, or merchandise.
   BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
   BED AND BREAKFAST. A building other than a hotel where, for compensation and by pre-arrangement for definite periods, lodging or lodging and meals are provided to three or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten people.
   BILLBOARD. See ADVERTISING SIGN.
   BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
   BUILDING HEIGHT. A distance to be measured from the average ground level to the top of a flat roof, to the highest gable on a pitched or hip roof, to the deckline of a mansard roof, to the uppermost point on other roof types.
   BUILDING SETBACK. The minimum horizontal distance between the building and the specified lot line as prescribed in this chapter.
   BUSINESS. Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold or where services are offered for compensation.
   BUSINESS SIGN. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including, but not limited to, entertainment, offered, or sold upon the premises where such sign is located.
   CAMPGROUND. An area accessible by vehicle and containing campsites or camping spurs for tent and trailer camping.
   CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the OCM.
   CANNABIS DELIVERY SERVICE. Fleet-based business. Purchase products from cannabis businesses with a retail endorsement and deliver to customers (retail).
   CANNABIS EVENT. An event one to four days allowing the consumption of cannabis products.
   CANNABIS–LOWER POTENCY. See HEMP.
   CANNABIS MANUFACTURING. The process of turning raw, dried cannabis and cannabis parts into other types of cannabis products, such as edible or topicals.
   CANNABIS MEDICAL. To grow, harvest, manufacture, package, label, sell to other cannabis business, sell to qualifying customers (retail).
   CANNABIS MEZZOBUSINESS WITH GROWING AND MANUFACTURING ENDORSEMENT. To grow, manufacture, process, sell, cultivate less than 15,000 square feet plant canopy indoors, cultivate less than one acre outdoors, up to three retail locations.
   CANNABIS MICROBUSINESS WITH GROWING AND MANUFACTURING ENDORSEMENT. To grow, manufacture, package, label, sell, cultivate less than 5,000 square feet plant canopy indoors/cultivate less than one-half acre outdoors, one retail location, on-site consumption. OCM may adjust plant canopy limits upward to meet market demand.
   CANNABIS RETAIL SALE(S). The act of selling certain cannabis products at a retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers.
   CANNABIS TESTING FACILITY. Obtain and test cannabis.
   CANNABIS TRANSPORT. Fleet-based business. To transport to/from cannabis businesses.
   CANNABIS WHOLESALE. To purchase, import, sell to cannabis businesses (non-retail).
   CARPORT. A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on three sides.
   CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
   CLEAR-CUTTING. The removal of an entire stand of vegetation.
   CLINIC. A place for the care, diagnosis and treatment of sick, ailing, or injured individuals.
   CLUB or LODGE. A nonprofit association of persons who are members paying annual dues, use of premises being restricted to members and their guests.
   COMMERCIAL AGRICULTURAL. The use of land for the production of livestock, and livestock products, fur farms, commercial animal feed lots, and kennels.
   COMMERCIAL RECREATION. Bowling alleys, cart tracks, jump centers, golf, pool halls, vehicle racing or amusement, dance halls, skating, taverns, theatres, boat rentals, amusement rides, campgrounds, and similar uses.
   COMMERCIAL USES. All permitted and accessory uses allowed in commercial zoning districts.
   CONDITIONAL USE. A use, which because of special problems of control the use permits, requires reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Comprehensive Plan.
   CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
   CONDOMINIUM. A multiple dwelling containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, M.S. §§ 515.01 to 515.29, as they may be amended from time to time.
   CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
   CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.
   COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front.
   DAY CARE GROUP NURSERY. A service provided to the public, in which children of school or preschool age are cared for during established business hours.
   DAY CARE HOME. A family dwelling in which supervision and/or training for children is provided during part of a day with no overnight accommodations and where children are delivered and removed daily.
   DETENTION FACILITY. A permanent natural or human-made structure, including wetlands, for the temporary storage of stormwater runoff which contains a permanent pool of water.
   DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.
   DOG KENNEL. Any place where three dogs or more over six months of age are boarded, bred, and/or offered for sale, except a veterinary clinic. DOG KENNELS shall be permitted only in areas specifically zoned for such use.
   DREDGING. To enlarge or clean out a waterbody, watercourse, or wetland.
   DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which products purchased from the establishment may be consumed.
   DWELLING, MULTIPLE (APARTMENTS). A building designated with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but having hallways and main entrances and exits.
   DWELLING, SINGLE-FAMILY. A detached dwelling unit designed for occupancy of one family.
   DWELLING, TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.
   DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels nursing homes, seasonal cabins, bed and breakfasts, tourist homes, or trailers.
   EASEMENT. A grant by a property owner for the use of a strip of land which includes, but is not limited to, the constructing and maintaining of utilities, including, but not limited to, sanitary sewer, water mains, electric lines, telephone line, cable television, storm sewer or storm drainageway, and gas lines.
   EAVE HEIGHT. A distance to be measured from the average ground level to the lowest point of the building eave line.
   EFFICIENCY APARTMENT. A dwelling unit, consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.
   ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply, or disposal systems including, but not limited to, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, or other similar equipment and accessories in conjunction therewith, but not including buildings.
   EXTERIOR MATERIAL OR FINISH. Material or cladding that is adhered to the outside of a dwelling, including, but not limited to, siding, windows and door casings, corner boards, soffits, and facia.
   FAMILY. An individual or two or more persons related by blood or marriage or a group of not more than five unrelated persons living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, or club lodge, as herein described.
   FARM. A tract of land, that is principally used for commercial agriculture.
   FARM DWELLING. A single-family dwelling located on a farm which is used or intended for use by the farm’s owner, a relative of the owner, or a person employed thereon.
   FEEDLOT. A lot or building, or combination of contiguous lots and buildings, intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, and domesticated animal zoos shall be considered to be animal FEEDLOTS. Pastures shall not be considered animal FEEDLOTS under these parts.
   FENCE. A barrier forming a boundary to or enclosing some area.
   FLOOR AREA. The sum of the gross horizontal area of the several floors of a building, measured from the exterior faces of the exterior walls.
   FORESTRY. The management, including logging, of a forest, woodland, or plantation, and related research and educational activities, including, but not limited to, the construction, alteration, or maintenance of wood roads, skid roads, landing, and fences.
   FOUNDATION. Constructed of masonry, concrete, or treated wood. Treated wood of not less than .60 “below grade” standards. All footings supporting the foundation shall be placed at a minimum depth of three and one-half feet below finished grade. This definition shall not apply to a building constructed on a reinforced concrete slab if such slab forms the ground floor of the building.
   GARAGE. An accessory building or accessory portion of the principal building intended for and used to store the private passenger vehicles of the family or families residing upon the premises.
   GOVERNMENTAL SIGN. A sign which is erected by a governmental unit, for the purpose of identification and directing or guiding of traffic.
   GRADING. Changing the natural or existing topography of land.
   GUESTROOM. A room occupied by one or more guests for compensation and in which no provision is made for cooking.
   HEMP. Also referred to as LOWER-POTENCY HEMP EDIBLE. To purchase, manufacture, package, label, sell (non-retail).
   HEMP RETAILER. Also referred to as LOWER-POTENCY HEMP EDIBLE RETAILER. Sell to customers (retail).
   HOME OCCUPATION. Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises.
   HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated, or intended to be used, let, or hired out to be occupied or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.
   HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
   HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
   IDENTIFICATION SIGNS. Signs located in a residential district which identify a subdivision, apartment complex, or similar identifications and set forth the address of the premises where the sign is located.
   IMPERVIOUS SURFACE. An artificial or natural surface through which water, air, or roots cannot penetrate.
   INDUSTRIAL USE. A permitted or accessory use allowed in the Industrial I District.
   JUNK OR SALVAGE YARD. Land or building where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products, and products from wrecking of automobiles and other vehicles.
   LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating filling, grading, and the construction of any structure.
   LODGING HOUSE. A building other than a hotel, where for compensation for definite periods, lodging is provided for three or more persons not of the principal family, but not including a building providing this service for more than ten persons.
   LODGING ROOM. A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one LODGING ROOM.
   LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation.
   LOT AREA. The area of a horizontal plane within the lot lines.
   LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
   LOT COVERAGE. The area of a lot occupied by the principal building or buildings and accessory buildings.
   LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries.
   LOT, FRONTAGE. The front of a lot shall, for purposes of complying with this chapter, be that boundary having the least width, abutting a public right-of-way.
   LOT, LINE. A property boundary line of any lot held in single or separated ownership, except that where any portion of a lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.
   LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage on a street or proposed street approved by the Council.
   LOT, THROUGH. A lot fronting on two parallel streets.
   LOT, WIDTH. The shortest horizontal distance between the side lot lines measured at right angles at the building line.
   MANUFACTURED HOME. A structure transportable in one or more sections, used as a dwelling for one family, with or without a permanent foundation, when connected to the required utilities, which includes the plumbing, heating, air conditioning, and electrical systems contained therein. No manufactured dwelling shall be moved into the city that does not meet the Manufactured Home Building Code, M.S. § 327.31, as it may be amended from time to time.
   MANUFACTURED HOME PARK. Any site, lot, or tract of land under single ownership designed, maintained, or intended for the placement of two or more occupied manufactured homes. This also includes any buildings or structures appurtenant to the park.
   MANUFACTURING , HEAVY. The manufacture, compounding, processing, packaging, treatment, or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located.
   MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided, such use will not generate offensive odors, glare, smoke, dust, noise, vibration, or other objectionable influences that significantly extend beyond the lot on which the use is located.
   MINING OPERATION. The removal from the land of stone, sand and/or gravel, coal, salt, iron, copper, nickel, granite, petroleum products, or other material for commercial, industrial, or governmental purposes.
   MOBILE HOME. A dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers and arriving at the site ready for occupancy except for incidental assembly, location on foundation, connection to utilities, and the like.
   MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made permanently affixing the module to the site.
   MOTOR FUEL STATION. A place where gasoline (stored only in underground tanks), kerosene, motor oil, lubricants, and grease for operation of vehicles are stored or sold to the public. This also includes accessories and services for automobiles.
   NAME PLATE. A sign indicating the name and/or address of a building or the name of an occupant thereof, and the practice of a permitted occupation therein.
   NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration collect, store, and channel surface water runoff.
   NATURAL OBSTRUCTION. Any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within a waterbody, watercourse, or wetland by a non-human cause.
   NONCONFORMING BUILDING. A building or portion thereof existing at the time of adoption of this chapter and not conforming to the regulations for the district in which it is situated, except that such a use is not nonconforming if it would be permitted under a conditional use permit where located.
   NONCONFORMING USE OF LAND. Any use of a lot which does not conform to the applicable use regulations of the district in which it is located.
   NONCONFORMING USE OF STRUCTURE. A use of a structure which does not conform to the applicable use regulations of the district in which it is located.
   NURSING HOME (REST HOME). A building having accommodations where care is provided for two or more invalids, infirmed, aged convalescent, or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions.
   OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.
   ON-PREMISES SIGNS. A sign located on the premises or property of an individual, business, or organization, identifying the products or services provided on the premises, or the name of the individual, business, or organization operating on the premises.
   OPEN SPACE RECREATIONAL USE. Recreational use particularly oriented to and utilizing the character of an area, including hiking and riding trails, primitive campsites, campgrounds, waysides, parks, and recreational areas.
   ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank.
   PARKING SPACE. An area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress for an automobile.
   PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such districts.
   PERSON. An individual, firm, partnership, association, corporation, or organization of any kind.
   PLANNING COMMISSION. The Planning Commission of Eden Valley.
   PLANNED UNIT DEVELOPMENT. A large lot or tract of land developed as a unit rather than as individual development wherein two or more buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries.
   PORTABLE SIGN. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure.
   PRINCIPAL USE/BUILDING. The main use of land or buildings as distinguished from subordinate or accessory uses.
   PUBLIC USE. Uses owned or operated by a municipality, school district, county, state, or other governmental unit.
   PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board fully authorized to furnish under municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation, water, sewer, and storm sewer.
   PUBLIC WATER. Any waters of the state which serve a beneficial public purpose, as defined in M.S. Ch. 103F, as it may be amended from time to time, however, no lake, pond, or floodage of less than ten acres in size and no river or stream having a total drainage area less than two square miles. Such public water shall be determined by the Minnesota Department of Natural Resources. Any body of water created by a private user where there was no previous shoreland for a designated private use as approved by the Commission of the Minnesota Department of Natural Resources is not included as a PUBLIC WATER.
   RECREATIONAL FIELD OR BUILDING. An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a RECREATION FIELD OR BUILDING for the purpose of this chapter.
   RECREATIONAL VEHICLE. A vehicular portable structure used for amusement, vacation, or recreational activities, including, but not limited to, travel trailers, motor homes, camping trailers, and boats.
   RESTAURANT. An establishment which serves food to be consumed primarily while seated at tables or booths within the building.
   RETENTION FACILITY. A permanent natural or human-made structure that provides for the storage of stormwater runoff by means of a permanent pool of water.
   SCREENING. The use of plant materials, fences, or earthen berms to partially conceal the separate land use from the surrounding land use.
   SELECTIVE CUTTING. The removal of single scattered trees.
   SEDIMENT. Solid matter carried by water, sewage, or other liquids.
   SETBACK. The minimum horizontal distance between a structure and the ordinary high water mark or between a structure and a road or highway right-of-way line, public right-of-way, or property line.
   SEWAGE DISPOSAL SYSTEM. Any system for the collection, treatment, and dispersions of sewage, including, but not limited to, septic tanks, soil absorption systems, and drain fields.
   SIGN. The use of any words, numerals, figures, devices, or trademarks by which anything is made known, such as are used to show an individual, firm, profession, or business and are visible to the general public.
   SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent or degrees.
   STORY. The portion of a building included above and between the upper surface of a floor and upper surface of floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
   STORY, HALF. The portion of a building under a gable, hip, or gambrel roof, the wall plate of which, on at least two opposite exterior walls are not more than four feet above the floor of such story.
   STREET. A platted public thoroughfare affording for current or future means of access to abutting property.
   STREET FRONTAGE. The proximity of a parcel of land to one or more streets. An interior lot has one STREET FRONTAGE and a corner lot has two STREET FRONTAGES.
   STRUCTURE. Anything which is built, constructed, or erected. An edifice or building of any kind or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character.
   SUBSTANDARD USE. Any use existing prior to the date of this chapter which is permitted within the applicable zoning district, but does not meet the minimum lot area, frontage, setbacks, or other dimensional standards of this chapter.
   TARP/POLYVINYL STRUCTURES. Buildings covered primarily with canvas, plastic, or other similar nonpermanent building materials. This shall not include temporary structures used solely as greenhouses.
   TEMPORARY SIGN. Any sign which is erected or displayed for a specified period of time.
   TOWNHOUSES. Structures housing two or more dwelling units of not more than two stories each and contiguous to each other only by sharing one common wall, such structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of eight dwelling units, and each dwelling unit shall have separate and individual front and rear entrances.
   USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized, or maintained and shall include the performance of such activity as defined by the performance standards of this chapter.
   USE, ACCESSORY. A use incidental or accessory to the principal use of a lot or a building located on the same lot with a building.
   VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, and the like.
   VARIANCE. The waiving action of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.
   VEGETATION. The sum total of plant life in some area or a plant community with distinguishable characteristics.
   WATERBODY. A body of water (lake, pond) in a depression of land or expanded part of a river or an enclosed basin that holds water and is surrounded by land.
   WATERCOURSE. A channel or depression through which water flows, such as rivers, streams, or creeks and may flow year around or intermittently.
   WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
   WETLANDS.
      (1)   Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.
      (2)   For the purposes of this definition, WETLANDS must have the following three attributes:
         (a)   Have a predominance of hydric soils;
         (b)   Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and
         (c)   Under normal circumstances support a prevalence of such vegetation.
   YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A YARD extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
   YARD, FRONT. A yard extending across the front of the lot between and lying between the front line of the lot and the nearest line of the building.
   YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
   YARD, SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.
   ZONING ADMINISTRATOR. The person appointed by the City Council to enforce this chapter.
   ZONING MAP. The maps or map incorporated into this chapter as part thereof, as amended, designating the zoning districts.
(Prior Code, § 502.000) (Ord. passed 10-8-2003; Ord. 2020-002, passed 8-5-2020; Ord. 2024-03, passed 4-3-2024; Ord. 05-2024, passed 8-7-2024; Ord. 2024-09, passed 12-4-2024)

§ 150.003 CLASSIFICATION OF DISTRICTS.

   (A)   Establishment of districts. The following zoning districts are hereby established within the city.
AG
Agricultural District
RSF
Single- and Two-Family Residential District
RMF
Multiple-Family Residential District
RMHD
Residential Manufactured Home District
COM
Highway Commercial District
COM-R
Commercial Reserve
CBD
Central Business District
IND
Industrial District
 
(Prior Code, § 503.010)
   (B)   Map. The location and boundaries of the districts established by this chapter are hereby set forth on the zoning map entitled “Zoning Map of Eden Valley”. Said map is on file with the Zoning Administrator, and hereinafter referred to as the zoning map which map and all of the notations, references, and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this chapter by reference.
(Prior Code, § 503.020)
   (C)   Annexation. In the event of annexation of new areas to the city, such areas shall be considered to be in the AG Agricultural District until otherwise classified.
(Prior Code, § 503.030)
   (D)   Zoning district boundaries.
      (1)   Boundaries indicated as approximately following the centerline of streets, highways, alleys, or railroad lines shall be construed to follow such centerlines.
      (2)   Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
      (3)   Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, lakes, or other bodies of water shall be construed to following such centerlines.
      (4)   Boundaries indicated as approximately following the city limits shall be construed as following such city limits.
      (5)   Where a district boundary line divides a lot which was in a single ownership at the time of passage of this chapter, the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot may be interpreted by the Zoning Administrator upon request of the owner.
(Prior Code, § 503.040)
   (E)   District regulations. The regulations of this chapter within each district shall be minimum regulations, and shall apply uniformly to each class or kind of structure of land, except as hereinafter provided.
      (1)   No buildings, structures, or land shall hereafter be used or occupied and no building structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
      (2)   No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, front yard, side yards, or other open spaces than herein required or in any other manner contrary to the provision of this chapter.
      (3)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
      (4)   Except in the case of planned unit development, not more than one principal building shall be located on a lot.
      (5)   No provision hereunder shall be construed so as to prevent emergency repair/rebuild of existing essential services, provided, said repair/rebuild does not exceed area, width, height, and the like in existence and conforming to this chapter prior to the emergent situation.
(Prior Code, § 503.050)
   (F)   Amendments. It shall be the responsibility of the Zoning Administrator to maintain the zoning map. Amendments to said zoning map shall be recorded thereon within 30 days after official publication of amendments. The city zoning map shall be kept on file in the City Clerk/Treasurer’s office.
(Prior Code, § 503.060)
(Ord. passed 10-8-2003)

§ 150.004 ENFORCEMENT.

   (A)   Violations. In cases where a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this chapter, the Zoning Administrator, in addition to other remedies may institute any proper action or proceedings in the name of the City. The Zoning Administrator shall hereby have the power of a police officer to prevent unlawful erection, construction, repair, conversion, maintenance, or use to restrain, correct, or abate such violation to prevent any illegal act, conduct, business, or use in or about said premises. It shall be the duty of the City Attorney’s office to institute action.
(Prior Code, § 520.010)
   (B)   Application to city personnel. The failure of any officer or employee of the city to perform any official duty imposed by this chapter shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically provided for such failure.
   (C)   Equitable release. In the event of a violation or the threatened violation of any provision of this chapter or any provision or condition of a permit issued pursuant to this chapter, the city in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violation or threatened violation.
(Prior Code, § 520.020)
(Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.005 FEE SCHEDULE.

   The fees shall be an amount set by the City Council from time to time.
(Prior Code, § 524.000) (Res. 2005-3, passed 1-5-2005; Res. 2018-26, passed 11-14-2018)

§ 150.006 SUPREMACY.

   When any condition imposed by any provision of this chapter on the use of land or buildings or on the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by any provision of any other city ordinance or regulation, the more restrictive conditions shall prevail. This chapter is not intended to abrogate any easements, restrictions, or covenants relating to the use of land or imposed on lands within the city by private declaration or agreement, but where the provisions of this chapter are more restrictive than any such easement, restriction, or covenant or the provision of any private agreement, the provisions of this chapter shall prevail.
(Prior Code, § 521.000) (Ord. passed 10-8-2003)

§ 150.020 AG AGRICULTURAL DISTRICT.

   (A)   Purpose. The Agricultural District is designed for areas within the city that may presently be used for row crop agriculture. The purpose of the Agricultural District is to provide for existing agricultural uses prior to their development and transition to urban uses as specified in the City Comprehensive Plan.
(Prior Code, § 504.010)
   (B)   Permitted uses. The following are permitted uses in the AG Agricultural District:
      (1)   Public parks and playgrounds, recreational areas, and wildlife areas/refuges;
      (2)   Agricultural uses as defined in this chapter, but not including commercial agricultural uses as defined in this chapter;
      (3)   Essential services;
      (4)   Single-family residential; provided, that the parcel complies with standards established in § 150.021;
      (5)   Cannabis cultivation;
      (6)   Cannabis manufacturing;
      (7)   Cannabis delivery service;
      (8)   Cannabis mezzobusinesses with growing and manufacturing endorsement;
      (9)   Cannabis microbusinesses with growing and manufacturing endorsement;
      (10)   Cannabis transport; and
      (11)   Existing livestock operation shall be permitted under this section.
(Prior Code, § 504.020)
   (C)   Conditional uses. The following are conditional uses in the AG Agricultural District (requires a conditional use permit based upon procedures set forth in and regulated by §§ 150.160 through 150.171);
      (1)   Governmental and public-related utility buildings and structures necessary for the health, safety, and general welfare of the city; provided, that:
         (a)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped; and
         (b)   Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.
      (2)   Airports, cemeteries, and golf courses;
      (3)   Uses determined by the Planning Commission of similar nature to the conditional uses cited above and not found to be detrimental to the general health and welfare of the city;
      (4)   Cannabis medical combination business; and
      (5)   Lower-potency hemp edible.
(Prior Code, § 504.030)
   (D)   Interim uses. The following is an interim use in the AG Agriculture District (requires an interim use permit based upon procedures set forth in and regulated by §§ 150.160 through 150.171): cannabis event.
   (E)   Performance standards.
      (1)   (a)   Minimum lot size: none; and
         (b)   Minimum lot width: none.
      (2)   Additional requirements, including, but not limited to, parking, signs, planned unit developments, and sewage disposal as regulated in the appropriate sections of this chapter, as may be amended.
(Prior Code, § 504.040)
(Ord. passed 10-8-2003; Ord. 05-2024, passed 8-7-2024; Ord. 2024-09, passed 12-4-2024) Penalty, see § 10.99

§ 150.021 RSF SINGLE- AND TWO-FAMILY RESIDENTIAL DISTRICT.

   (A)   Purpose. The purpose of the RSF Single- and Two-Family Residential District is to provide for low-density, single- and two-family residences and directly related complimentary uses.
(Prior Code, § 505.010)
   (B)   Permitted uses. The following are permitted uses in the RSF Residential District:
      (1)   Single-family dwelling;
      (2)   Two-family dwelling;
      (3)   Home-based day care;
      (4)   Public parks and playgrounds;
      (5)   Foster home licensed by the state, serving six or less mentally or physically challenged persons; and
      (6)   Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high, and senior high schools; and religious institutions such as churches, chapels, temples, and synagogues; provided, that:
         (a)   Side yards shall be double that required for the district; and
         (b)   No building shall be located within 30 feet of any lot line of an abutting lot in an R District.
(Prior Code, § 505.020)
   (C)   Accessory uses. The following are permitted accessory uses in the RSF Residential District:
      (1)   Private garages, parking spaces, and carports, whether attached or detached, not to exceed 900 square feet;
      (2)   Recreational vehicles and equipment;
      (3)   Home occupations as regulated by §§ 150.075 through 150.081;
      (4)   Swimming pools, tennis courts, decks, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      (5)   The keeping of animals typically classified as animals that are domesticated pets and buildings and structures for the keeping of such animals and storage of related equipment;
      (6)   Fences;
      (7)   Tool houses, sheds, and similar non-commercial storage buildings, not to exceed 900 square feet; and
      (8)   Uses determined by Planning Commission to be similar to those listed in this division (C).
(Prior Code, § 505.030)
   (D)   Conditional uses. The following are conditional uses in the RSF Residential District (requires a conditional use permit based upon procedures set forth in and regulated by § 150.169(A)):
      (1)   Essential services; equipment and structures such as transformers, unit substations, and equipment houses;
      (2)   Fire Station;
      (3)   Police Station;
      (4)   Residential planned unit developments per §§ 150.060 through 150.063;
      (5)   Hospitals and clinics;
      (6)   Use of the basement as an independent resident or living unit providing:
         (a)   The living unit shall meet or exceed the minimum performance standards for floor area outlined in division (E) below and the ceiling height is a minimum of seven feet; and
         (b)   The living unit contains adequate ventilation and fire escapes as determined by the Fire Chief.
      (7)   Manufactured homes, provided, they meet the provisions of this section and §§ 150.130 through 150.145; and
      (8)   Bed and breakfasts.
(Prior Code, § 505.040)
   (E)   Performance standards.
      (1)   Minimum lot size.
         (a)   Six thousand square feet, single-family; and
         (b)   Eight thousand square feet, two-family.
      (2)   Minimum lot width.
         (a)   Sixty feet, single-family; and
         (b)   At building setback, 80 feet: two-family.
      (3)   Setbacks (measured from lot lines).
         (a)   Front yard. Twenty feet;
         (b)   Side yard.
            1.   Interior lots: six feet; and
            2.   Corner lots: Not less than 20 feet on the side yard abutting a public street.
         (c)   Rear yard.
            1.   Principal building, 20% of the depth of the lot with a maximum requirement of 25 feet; and
            2.   Accessory building, per §§ 150.130 through 150.145.
      (4)   Maximum building height. Thirty-five feet or two and one-half stories;
      (5)   Floor area requirements for single-family dwelling units. Single-family dwelling units erected in the RSF District shall have a minimum floor area of 700 square feet on the main floor. Two-family dwelling units erected in the RSF District shall have a minimum floor area of 700 square feet (per unit). For any dwelling unit, the principal dwelling area shall be equal to or greater than the square footage of any accessory use;
      (6)   Additional requirements. Additional requirements, including, but not limited to, parking signs, accessory structures, surface water management, planned unit developments, and sewage disposal as regulated in the appropriate sections of this chapter, as may be amended; and
      (7)   Lot width, lot size, and the like. The lot width, lot size, and floor area requirements for all principal buildings may not be less than those allowed in divisions (E)(1), (E)(2), and (E)(5) above, except if all of the following apply:
         (a)   The requirements pertain directly to the proposed replacement of the principal residential use structure on lots of record with widths of at least 50 feet, but less than 60 feet on the date of adoption of this chapter;
         (b)   The lot of record is within a residential district;
         (c)   There is a demonstrated need and potential for continued residential use;
         (d)   The building has an evident re-use as a principal structure in a residential district;
         (e)   The structure has been and will continue to be maintained in a manner that is compatible with adjacent residential uses and does not present a hazard to public health, safety, and general welfare; and
         (f)   The proposed structure is in compliance with divisions (E)(3) and (E)(4) above and this division (E)(7).
      (8)   Foundation for principal building on lot. All primary structures shall have full footings and masonry, concrete, or treated wood foundations, as defined in § 150.002, that will permanently anchor the primary structure. Foundations must be completed and verified, as required in the site plan, prior to the construction of any structure above the foundation.
      (9)   Exterior materials. The exterior material of a principal and any accessory structure on a lot must be cohesive in color, make, and qualify to the surrounding properties, as determined by the Building Inspector. No tarp coverings shall be allowed on any primary or accessory structure.
(Prior Code, § 505.050)
(Ord. passed 10-8-2003; Ord 2024-03, passed 4-3-2024) Penalty, see § 10.99

§ 150.022 RMF MULTIPLE-FAMILY RESIDENTIAL DISTRICT.

   (A)   Purpose. The purpose of the RMF Multiple-Family Residential District is to provide for multiple-family residences and directly related complimentary uses.
(Prior Code, § 506.010)
   (B)   Permitted uses. The following are permitted uses in the RMF Multiple-Family Residential District:
      (1)   Single-family dwelling;
      (2)   Two-family dwelling;
      (3)   Home-based day care;
      (4)   Multiple-family dwelling structures consisting of three or more units;
      (5)   Public parks and playgrounds;
      (6)   Foster home licensed by the state serving mentally or physically challenged persons; and
      (7)   Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutes limited to elementary, junior high, and senior high schools; and religious institutions such as churches, chapels, temples, and synagogues; provided, that:
         (a)   Side yards shall be double that required for the district; and
         (b)   No building shall be located within 30 feet of any lot line of an abutting lot in a R District; and
         (c)   Adequate off-street parking and access is provided on the site or on lots directly abutting the site.
(Prior Code, § 506.020)
   (C)   Accessory uses. The following are permitted accessory uses in the RMF Multiple-Family Residential District:
      (1)   Private garages, parking spaces, and carports, whether attached or detached from the principal dwelling, shall not to exceed 900 square feet or 300 square feet per dwelling unit on the lot, which ever is greater;
      (2)   Recreational vehicles and equipment;
      (3)   Home occupations as regulated by §§ 150.075 through 150.081;
      (4)   Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      (5)   The keeping of animals typically classified as animals that are domesticated pets and buildings and structures for the keeping of such animals and storage of related equipment;
      (6)   Fences;
      (7)   Tool houses, sheds, and similar non-commercial storage buildings;
      (8)   Community laundry facilities, storm shelters, park offices, and recreational buildings, provided; that such structures are of a permanent nature; and
      (9)   Uses determined by the Planning Commission to be similar to those listed in this division (C).
(Prior Code, § 506.030)
   (D)   Conditional uses. The following are conditional uses in the RMF Multiple-Family Residential District (requires a conditional use permit based upon procedures set forth in and regulated by §§ 150.160 through 150.171));
      (1)   Essential services; equipment and structures such as transformers, unit substations, and equipment houses;
      (2)   Fire Station;
      (3)   Police Station;
      (4)   Residential planned unit developments per §§ 150.060 through 150.063;
      (5)   Manufactured homes;
      (6)   Hospitals and clinics;
      (7)   Nursing home; and
      (8)   Use of the basement as an independent resident or living unit providing:
         (a)   The living unit shall meet or exceed the minimum performance standards for floor area outlined in this section and the ceiling height shall be at least seven feet high; and
         (b)   The living unit contains adequate ventilation and fire escapes as determined by the Fire Chief.
(Prior Code, § 506.040)
   (E)   Performance standards.
      (1)   Minimum lot size. Eight thousand square feet;
      (2)   Minimum lot width. Eighty feet (at building setback);
      (3)   Setbacks (measured from lot lines).
         (a)   Front yard. Twenty feet;
         (b)   Side yard.
            1.   Interior lots. Eight feet; and
            2.   Corner lots. Not less than 20 feet on the side yard abutting a public street.
         (c)   Rear yard.
            1.   Principal building. Twenty percent of lot depth or a maximum of 25 feet; and
            2.   Accessory building. Per § 150.132(A).
      (4)   Maximum building height. Thirty five feet or two-and one-half stories; and
      (5)   Floor area requirements for dwelling units.
         (a)   Living units. Living units in building containing more than two units shall have the following minimum floor areas per unit:
            1.   Efficiency apartments. Four hundred square feet;
            2.   One bedroom apartments. Six hundred forty square feet;
            3.   Two bedroom apartments. Seven hundred twenty square feet; and
            4.   More than two bedroom apartments. One hundred twenty square feet additional for each bedroom.
         (b)   Exceptions. The minimum areas specified above for multiple-unit buildings shall not include areas occupied by stairs, hallways, entryways, and utility rooms.
         (c)   For any dwelling unit, the principal dwelling area shall be equal to or greater than the square footage of any accessory use.
      (6)   Foundation for principal building on lot. All primary structures shall have full footings and masonry, concrete, or treated wood foundations, as defined in § 150.002, that will permanently anchor the primary structure. Foundations must be completed and verified, as required in the site plan, prior to the construction of any structure above the foundation.
      (7)   Exterior materials. The exterior material of a principal and any accessory structure on a lot must be cohesive in color, make, and qualify to the surrounding properties, as determined by the Building Inspector. No tarp coverings shall be allowed on any primary or accessory structure.
      (8)   Additional requirements. Additional requirements, including, but not limited to, parking, signs, surface water management, planned unit developments, mobile home parks, and sewage disposal as regulated in the appropriate sections of this chapter, as may be amended.
(Prior Code, § 506.050)
(Ord. passed 10-8-2003; Ord. 2024-03, passed 4-3-2024) Penalty, see § 10.99

§ 150.023 MANUFACTURED HOUSING RESIDENTIAL DISTRICT/MANUFACTURED HOME PARK.

   (A)   Purpose. The purpose of the RMHD Manufactured Housing Residential District is to provide for a district for manufactured housing parks in a specified area of the city. No manufactured home shall be admitted to any park unless it can be demonstrated that it meets the requirements of all state, county, and city codes governing the installation of plumbing, heating, and electrical systems.
(Prior Code, § 507.010)
   (B)   Permitted uses. The following are permitted uses in the RMHD Residential District:
      (1)   Single-family: manufactured housing units when placed in manufactured home parks as defined in division (F) below;
      (2)   Public open space; and
      (3)   Severe weather shelter.
(Prior Code, § 507.020)
   (C)   Accessory uses. The following are permitted accessory uses in the RMF Manufactured Home District:
      (1)   Garages, parking spaces, and carports;
      (2)   Recreational vehicles and equipment;
      (3)   Home occupations as regulated by §§ 150.075. through 150.081;
      (4)   Swimming pools, tennis courts, and other recreational facilities which are operated for the enjoyment and convenience of the resident of the principal use and guests;
      (5)   The keeping of animals typically classified as animals that are domesticated pets and building and structures for keeping of such animals and storage of related equipment;
      (6)   Fences; and
      (7)   Tool house, sheds, and similar non-commercial storage buildings. Uses determined by Planning Commission to be similar to those listed in this chapter.
(Prior Code, § 507.030)
   (D)   Conditional uses. The following are conditional uses in the RMHD Residential District (requires a conditional use permit based upon procedures set forth in and regulated by § 150.169(A)):
      (1)   All conditional uses as in the RSF District;
      (2)   Essential services; equipment and structures such as transformers, unit substations, and equipment houses;
      (3)   Fire Station;
      (4)   Police Station;
      (5)   Residential planned unit developments per §§ 150.060 through 150.063;
      (6)   Hospitals and clinics;
      (7)   Nursing homes;
      (8)   Use of the basement as an independent resident or living unit providing: the living unit shall meet or exceed the minimum performance standards for floor area outlined in § 150.022(A) and the ceiling height shall be at least seven feet high. The living unit contains adequate ventilation and fire escapes as determined by the Fire Chief; and
      (9)   Manufactured home parks; provided, that:
         (a)   The proposed manufactured home park is in compliance with provisions of division (F) below; and
         (b)   The proposed manufactured home park is in compliance with all other provisions of this chapter.
(Prior Code, § 507.040)
   (E)   Performance standards.
      (1)   Minimum district size. Three acres. No more than five manufactured home sites may be provided per acre;
      (2)   Minimum length or width of district. Three hundred fifty feet;
      (3)   Building setbacks (measured from lot lines).
         (a)   Front yard. Twenty feet;
         (b)   Side yard.
            1.   Interior lots. Five feet; and
            2.   Corner lots. Not less than 20 feet on the side yard abutting a public street.
         (c)   Rear yard.
            1.   Principal building. Ten percent of lot depth or a maximum of ten feet; and
            2.   Accessory building. Per § 150.132.
         (d)   Exclusive use. Each manufactured home site shall contain at least 4,000 square feet of land area for the exclusive use of the occupant and shall be at least 40 feet wide.
      (4)   Maximum building height. Thirty-five feet or two and one-half stories;
      (5)   Maximum site coverage. No structure or combination of structures shall occupy more than 50% of the lot area; and
      (6)   Additional requirements. Additional requirements, including, but not limited to, parking, signs, planned unit developments, and sewage disposal as regulated in the appropriate sections of this chapter, as may be amended.
(Prior Code, § 507.050)
   (F)   Manufactured home park.
      (1)   Intent.
         (a)   The intent and purpose of this section is to assure quality development equal to that found in other types of residential areas throughout the city. Excellence of design, development, and maintenance is the desired objective.
         (b)   No person shall attempt to develop or operate a manufactured home park within the city without first obtaining a conditional use permit. The requirements of a permit shall prevail over all other standards and requirements notwithstanding the more restrictive sections of this chapter. A permit for a manufactured home park may contain other requirements beyond those mentioned in this section.
      (2)   Application.
         (a)   The applicant for a conditional use permit, in addition to other requirements, shall include the name and address of the developer and a general description of the construction schedule and construction cost.
         (b)   The application for a permit shall be accompanied by three copies of full size plans and one 11-inch by 17-inch copy which indicate the following:
            1.   Location and site of the manufactured home park;
            2.   Location, size, and character of all manufactured home lots, manufactured home stands, storage areas, recreational areas, laundry drying areas, central refuse disposal, roadways, parking spaces, and sites and all setback dimensions;
            3.   Detailed landscaping plans and specifications;
            4.   Location and width of sidewalks;
            5.   Plans for sanitary sewage disposal, surface drainage, water systems, electrical service, telephone service, and gas service. The park must be suitably located for facilities including water supply, sewage disposal, and fire protection;
            6.   Plans for an overhead street lighting system shall be submitted for approval by the City Engineer;
            7.   The proposed method of disposing of garbage and refuse;
            8.   Location and size of all streets abutting the manufactured home park, and all driveways from such streets to the park. Access to the manufactured home park must be provided from a public street;
            9.   Specifications for all road construction either within the park or directly related to park operation;
            10.   Such other information as may be required or requested by the community; and
            11.   Plans and specifications for severe weather shelters.
      (3)   Performance standards for manufactured home parks.
         (a)   All land area shall be adequately drained, landscaped to control dust, clean and free from refuse, garbage, rubbish, or debris.
         (b)   All manufactured homes shall be properly connected to a municipal water supply and a municipal sanitary sewer system. All water and sewer collection systems shall be constructed in accordance with plans and specifications approved by the Planning Commission and City Council. Where a public water supply is available to the manufactured home park or at the boundary of the park, a connection to said public water supply shall be provided for each manufactured home.
         (c)   Access to manufactured home parks shall be as approved by the city.
         (d)   Each manufactured home park shall maintain off-street overload parking lot for guests of occupants in the amount of one space for each three sites and located within 300 feet of the unit to be served.
         (e)   All utilities, such as sewer, water, fuel, electric, telephone, and television antenna lead-ins, shall be buried to a depth specified by the City Engineer, and there shall be no overhead wires or support poles except those essential for street or other lighting purposes.
         (f)   A properly landscaped area shall be adequately maintained around each manufactured home park. All manufactured home parks adjacent to industrial, commercial, or residential land uses shall be provided with screening, such as fences or natural growth, along the property boundary lines separating the park from such adjacent uses.
         (g)   1.   It shall be the duty of the operator of the manufactured housing park to keep a record of all homeowners and occupants located within the park. The park operator shall keep the record available for inspection at all times by authorized city officials and other public officials whose duty necessitates acquisition of the information contained in the record. The record shall not be destroyed until a period of three years following the date of departure of the registrant from the park.
            2.   The record shall contain:
               a.   The name and address of each unit occupant;
               b.   The name and address of the owner of each unit;
               c.   The make, model, year, and size of the unit; and
               d.   The date of arrival and departure of each unit.
         (h)   The operator of any manufactured housing park or a duly authorized attendant and/or caretaker shall be responsible at all times for keeping the 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.
      (4)   Manufactured home park lot requirements.
         (a)   Each manufactured home site shall contain at least 4,000 square feet of land area for the exclusive use of the occupant and shall be at least 40 feet wide.
         (b)   The area beneath a manufactured housing unit shall be enclosed except that such enclosure must have access for inspection.
         (c)   Manufactured homes shall be placed upon lots so that there shall be at least a 20-foot clearance between manufactured homes and 20 feet between the front of the manufactured home and the front lot line and ten feet between the rear of the manufactured home and the rear lot line.
         (d)   The area occupied by a manufactured home shall not exceed 50% of the total area of a manufactured home site; land may be occupied by a manufactured home, a vehicle, a building, a cabana, a carport, an awning, storage closet, or cupboard or any structure.
         (e)   The yards shall be landscaped except for necessary driveway and sidewalk needs which shall not exceed one-half the width of the site.
         (f)   Each manufactured home lot shall have off-street parking space for at least two automobiles. Each space shall be nine feet by 15 feet minimum.
         (g)   The corners of each manufactured home lot shall be clearly marked and each site shall be numbered.
         (h)   Each manufactured home lot shall be so designed that automobiles may not be parked within five feet of the front or back of the manufactured home.
         (i)   Every structure in the manufactured home park shall be developed and maintained in a safe, approved and substantial manner. The exterior of every such structure shall be kept in good repair. All of said structures must be constructed to meet existing city codes.
         (j)   All trailers, structures, and outbuildings shall require a site permit.
(Prior Code, § 507.060)
(Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.024 COM HIGHWAY COMMERCIAL BUSINESS DISTRICT.

   (A)   Purpose.
      (1)   The purpose of the COM Highway Commercial Business District is to provide for and limit the establishment of motor vehicle-oriented or dependent high-intensity commercial and service activities and acceptable quasi-industrial and wholesale enterprises that do not need an industrial setting but which have considerable customer contact.
      (2)   Permitted uses take advantage of direct access to major highways, frontage roads, or streets intersecting a highway in a manner other businesses are not afforded.
(Prior Code, § 508.010)
   (B)   Permitted uses. The following are permitted uses in the COM Highway Commercial Business District:
      (1)   All permitted uses in the CBD;
      (2)   Antique stores;
      (3)   Apparel or clothing store;
      (4)   Auto accessory;
      (5)   Barber shops and beauty parlors;
      (6)   Bowling alleys;
      (7)   Clinics, medical and dental;
      (8)   Commercial recreational uses;
      (9)   Convenience stores, without motor fuel facilities;
      (10)   Dance halls;
      (11)   Department store;
      (12)   Essential services;
      (13)   Florists;
      (14)   Funeral homes and mortuaries;
      (15)   Gift shops;
      (16)   Governmental (including fire and police stations) and public related utility buildings and structures;
      (17)   Grain elevators;
      (18)   Greenhouses, nurseries, and garden stores;
      (19)   Hospitals and medical buildings;
      (20)   Lumber yard, construction material sales, garden and landscaping sales, and services (including produce);
      (21)   Major automotive repair;
      (22)   Motel;
      (23)   Motor vehicle, farm implement and recreation equipment sales, uses, structures, and outdoor sales and storage accessory thereto;
      (24)   Office or professional building;
      (25)   Off-sale liquor establishment;
      (26)   On-sale liquor establishment;
      (27)   Private clubs or lodges serving food and beverages;
      (28)   Restaurants, not of the drive-in, convenience or drive-through type;
      (29)   Video store;
      (30)   Wholesale businesses;
      (31)   Wholesale or warehouse operations;
      (32)   Mini-storage;
      (33)   Cannabis retail sale;
      (34)   Cannabis delivery;
      (35)   Cannabis testing facility;
      (36)   Cannabis transport;
      (37)   Lower-potency hemp edible retailer;
      (38)   Uses determined by Planning Commission to be similar to those listed in this division (B); and
      (39)   Public or semi-public recreational buildings and neighborhood or community centers; public or private educational institutes limited to elementary, junior high, and senior high; religious institutions such as churches, chapels, temples, and synagogues; provided, that:
         (a)   Side yards shall be doubled that required for this district; and
         (b)   No building shall be located within 30 feet of any lot line of an abutting lot in the R District.
(Prior Code, § 508.020)
   (C)   Accessory uses. The following are permitted accessory uses in the COM Highway Commercial Business District:
      (1)   Any incidental repair, processing, and storage necessary to conduct a principal use;
      (2)   Fences;
      (3)   Landscaping; and
      (4)   Off-street parking facilities and off-street loading facilities as regulated by §§ 150.115 through 150.117.
(Prior Code, § 508.030)
   (D)   Conditional uses. The following are conditional uses in the COM Highway Commercial Business District (requires a conditional use permit based upon procedures set forth in and regulated by § 150.169(A)):
      (1)   Commercial planned unit developments as regulated by §§ 150.060 through 150.063;
      (2)   Drive-in and convenience food establishments; provided, that:
         (a)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (b)   Parking areas shall be screened from the view of abutting residential districts;
         (c)   Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, shall comply with all appropriate sections of this chapter as may be amended;
         (d)   Provisions are made to control and reduce noise;
         (e)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
         (f)   The entire area shall have a drainage system;
         (g)   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles; and
         (h)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (3)   Commercial car washes (drive through, self-service and mechanical); provided, that:
         (a)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (b)   Parking areas shall be screened from the view of abutting residential districts;
         (c)   Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended;
         (d)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust subject to the approval of the City Engineer;
         (e)   The entire area shall have a drainage system subject to the approval of the City Engineer;
         (f)   Provisions are made to control and reduce noise; and
         (g)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (4)   Motor vehicle and truck fuel sales, auto repair, and service; provided, that:
         (a)   Motor fuel facilities are installed in accordance with state and city standards;
         (b)   Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps; underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access, and other activities on the site;
         (c)   A protective canopy located over the pump island(s) may be an accessory structure on the property, however, adequate visibility both on and off site shall be maintained;
         (d)   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles;
         (e)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (f)   Parking areas shall be screened from the view of abutting residential districts;
         (g)   Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended;
         (h)   Provisions are made to control and reduce noise;
         (i)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
         (j)   The entire area shall have a drainage system; and
         (k)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (5)   Convenience store with gasoline; provided, that:
         (a)   The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location;
         (b)   Motor fuel facilities are installed in accordance with state and city standards;
         (c)   Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access, and other activities on the site;
         (d)   A protective canopy located over the pump island(s) may be an accessory structure on the property, however, adequate visibility both on and off site shall be maintained;
         (e)   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles;
         (f)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (g)   Parking areas shall be screened from the view of abutting residential districts;
         (h)   Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended, and shall be subject to the approval of the City Engineer;
         (i)   Provisions are made to control and reduce noise;
         (j)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
         (k)   The entire area shall have a drainage system; and
         (l)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (6)   Open or outdoor service, sale, and rental other than those specified as a permitted use in this district; provided, that:
         (a)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (b)   The use does not take up parking space as required for conformity to this chapter;
         (c)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust; and
         (d)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (7)   Multi-tenant commercial structures or strip malls;
      (8)   Off-site advertising signs;
      (9)   Industrial uses;
      (10)   Cannabis wholesale;
      (11)   Cannabis medical combination business; and
      (12)   Lower-potency hemp edible manufacturer.
(Prior Code, § 508.040)
   (E)   Interim uses. The following is a conditional use in the COM Highway Business Districts (requires an interim use permit based upon procedures set forth in and regulated by § 150.169(A): cannabis event.
   (F)   Performance standards.
      (1)   Minimum lot size. Ten thousand square feet;
      (2)   Minimum lot width. One hundred feet at building setback;
      (3)   Setbacks (measured from lot lines).
         (a)   Front yard. Thirty feet;
         (b)   Side yard. Twenty feet, unless abutting a residential district; and
         (c)   Rear yard. Twenty feet, unless abutting a residential district, then 35 feet.
      (4)   Maximum building height. Forty-five feet or three stories;
      (5)   Maximum site coverage. No structure or combination of structures shall occupy more than 50% of the lot area; and
      (6)   Additional requirements. Additional requirements, including, but not limited to, parking, surface water management, signs, planned unit developments, and sewage disposal as regulated by appropriate sections of this chapter, as may be amended.
(Prior Code, § 508.050)
(Ord. passed 10-8-2003; Ord. passed 12-7-2005; Ord. 05-2024, passed 8-7-2024; Ord. 2024-09, passed 12-4-2024) Penalty, see § 10.99

§ 150.025 COM-R COMMERCIAL RESERVE DISTRICT.

   (A)   Purpose. Land areas designated on the zoning map as Commercial Reserve (COM - R) are part of the Highway Commercial District (COM) and are intended to provide space for future expansion of all permitted, accessory, and conditional uses in the Highway Commercial District (COM). All provisions of the Highway Commercial District shall apply except that existing residential uses within the Commercial Reserve District shall comply with either the provisions of the Low-Density Residential District (RSF) or the High-Density Residential District (RMF) depending upon the existing use. Until conversion of a residential structure into a permitted Highway Commercial District use is accomplished, the residential structure and its land shall be treated as permitted uses but will be regulated for zoning purposes by the (RSF) and (RMF) zoning regulations.
(Prior Code, § 509.010)
   (B)   Permitted uses. The following are permitted uses in the COM-R Highway Commercial Business District:
      (1)   All permitted uses in the CBD;
      (2)   Antique stores;
      (3)   Apparel or clothing store;
      (4)   Auto accessory store;
      (5)   Barber shops and beauty parlors;
      (6)   Bowling alleys;
      (7)   Clinics, medical and dental;
      (8)   Commercial recreational uses;
      (9)   Convenience stores, without motor fuel facilities;
      (10)   Dance halls;
      (11)   Department stores;
      (12)   Essential services;
      (13)   Florists;
      (14)   Funeral homes and mortuaries;
      (15)   Gift shops;
      (16)   Governmental (including fire and police stations) and public related utility buildings and structures;
      (17)   Grain elevators;
      (18)   Greenhouses, nurseries, and garden stores;
      (19)   Hospitals and medical buildings;
      (20)   Lumber yard, construction material sales, garden and landscaping sales, and services (including produce);
      (21)   Major automotive repair;
      (22)   Motel;
      (23)   Motor vehicle, farm implement and recreation equipment sales, uses, structures, and outdoor sales, and storage accessory thereto;
      (24)   Office or professional building;
      (25)   Off-sale liquor establishment;
      (26)   On-sale liquor establishment;
      (27)   Private clubs or lodges serving food and beverages;
      (28)   Restaurants, not of the drive-in, convenience, or drive-through type;
      (29)   Video store;
      (30)   Wholesale businesses;
      (31)   Wholesale or warehouse operations;
      (32)   Mini-storage;
      (33)   Cannabis retail sales;
      (34)   Cannabis delivery;
      (35)   Cannabis testing facility;
      (36)   Cannabis transport;
      (37)   Lower-potency hemp edible retailer; and
      (38)   Uses determined by Planning Commission to be similar to those listed in this division (B).
(Prior Code, § 509.020)
   (C)   Accessory uses. The following are permitted accessory uses in the COM-R Commercial Reserve District:
      (1)   Any incidental repair, processing and storage necessary to conduct a principal use;
      (2)   Fences;
      (3)   Landscaping; and
      (4)   Off-street parking facilities and off-street loading facilities as regulated by §§ 150.115 through 150.117.
(Prior Code, § 509.030)
   (D)   Conditional uses. The following are conditional uses in the COM-R Commercial Reserve District (requires a conditional use permit based upon procedures set forth in and regulated by § 150.169(A)):
      (1)   Commercial planned unit developments as regulated by §§ 150.060 through 150.063;
      (2)   Drive-in and convenience food establishments; provided, that:
         (a)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (b)   Parking areas shall be screened from the view of abutting residential districts;
         (c)   Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended;
         (d)   Provisions are made to control and reduce noise;
         (e)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
         (f)   The entire area shall have a drainage system;
         (g)   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles;
         (h)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (3)   Commercial car washes (drive through, self-service, and mechanical); provided, that:
         (a)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (b)   Parking areas shall be screened from the view of abutting residential districts;
         (c)   Vehicular access points shall be limited, shall create minimal conflict with through
traffic movements, and shall comply with all appropriate sections of this chapter as may be amended;
         (d)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust subject to the approval of the City Engineer;
         (e)   The entire area shall have a drainage system subject to the approval of the City Engineer;
         (f)   Provisions are made to control and reduce noise; and
         (g)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (4)   Motor vehicle and truck fuel sales, auto repair, and service; provided, that:
         (a)   Motor fuel facilities are installed in accordance with state and city standards;
         (b)   Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access, and other activities on the site;
         (c)   A protective canopy located over the pump island(s) may be an accessory structure on the property, however, adequate visibility both on and off site shall be maintained;
         (d)   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles;
         (e)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (f)   Parking areas shall be screened from the view of abutting residential districts;
         (g)   Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, and shall comply with all appropriate sections of this chapter as may be amended;
         (h)   Provisions are made to control and reduce noise;
         (i)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
         (j)   The entire area shall have a drainage system; and
         (k)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (5)   Convenience stores with gasoline; provided, that:
         (a)   The sale of food items is in compliance with state and county standards and subject to the approval of a Health Inspector who shall provide specific written sanitary requirements for each proposed sale location;
         (b)   Motor fuel facilities are installed in accordance with state and city standards;
         (c)   Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations minimize conflict with circulation, access, and other activities on the site;
         (d)   A protective canopy located over the pump island(s) may be an accessory structure on the property however adequate visibility both on and off site shall be maintained;
         (e)   An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles;
         (f)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (g)   Parking areas shall be screened from the view of abutting residential districts;
         (h)   Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, shall comply with all appropriate sections of this chapter as may be amended, and shall be subject to the approval of the City Engineer;
         (i)   Provisions are made to control and reduce noise;
         (j)   The entire site other than that taken up by a building, structure, or plantings shall be surfaced so as to control dust;
         (k)   The entire area shall have a drainage system; and
         (l)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (6)   Open or outdoor service, sale, and rental other than those specified as a permitted use in this district; provided, that:
         (a)   When abutting a residential use in a residential use district, the property is adequately screened and landscaped;
         (b)   The use does not take up parking space as required for conformity to this chapter;
         (c)   The entire site other than that taken up by a building, structure or plantings shall be surfaced so as to control dust; and
         (d)   Parking, lighting, signage, and the like are in compliance with appropriate sections of this chapter as may be amended.
      (7)   Off-site advertising signs;
      (8)   Industrial uses;
      (9)   Cannabis wholesale;
      (10)   Cannabis medical combination business; and
      (11)   Lower-potency hemp edible manufacturer.
(Prior Code, § 509.040)
   (E)   Interim uses. The following is an interim use in the COM-R Highway Commercial Business District and requires an interim use permit based upon procedures set forth in and regulated by § 150.169(A): cannabis event.
   (F)   Performance standards.
      (1)   Minimum lot size. Ten thousand square feet;
      (2)   Minimum lot width. One hundred feet at building setback;
      (3)   Setbacks (measured from lot lines).
         (a)   Front yard. Twenty feet;
         (b)   Side yard. Ten feet, unless abutting a residential district; then 35 feet; and
         (c)   Rear yard. Ten feet, unless abutting a residential district, then 35 feet.
      (4)   Maximum building height. Forty-five feet or three stories;
      (5)   Minimum site coverage. No structure or combination of structures shall occupy more than 50% of the lot area; and
      (6)   Additional requirements. Additional requirements, including, but not limited to, parking, signs, planned unit developments, and sewage disposal as regulated by appropriate sections of this chapter, as may be amended.
(Prior Code, § 509.050)
(Ord. passed 10-8-2003; Ord. 2016-4, passed 8-31-2016; Ord. 05-2024, passed 8-7-2024; Ord. 2024-09, passed 12-4-2024) Penalty, see § 10.99

§ 150.026 CBD CENTRAL BUSINESS DISTRICT.

   (A)   Purpose. The CBD Central Business District has been established to encourage the continuation of a viable downtown by allowing prime retail sales and service uses, office, entertainment facilities, and public and semi-public uses. The purpose of this district is to provide specifically for regulation of the high intensity commercial uses located within the core of the city.
(Prior Code, § 510.010)
   (B)   Permitted uses.
      (1)   The following are permitted uses in the CBD Central Business District:
         (a)   Barber shops and beauty parlors;
         (b)   Convenience grocery stores\with motor fuel facilities;
         (c)   Essential services;
         (d)   Funeral homes and mortuaries;
         (e)   Governmental and public related utility buildings and structures;
         (f)   Laundromat/dry cleaning;
         (g)   Municipal buildings/offices, libraries, postal service offices;
         (h)   Professional and commercial leased offices;
         (i)   Cannabis retail sales;
         (j)   Cannabis delivery service;
         (k)   Cannabis testing facility;
         (l)   Cannabis transport; and
         (m)   Lower-potency hemp edible retailer.
      (2)   Other retail and service uses, like the following examples:
         (a)   Antique shops;
         (b)   Apparel or clothing stores, tailor shops;
         (c)   Appliance stores;
         (d)   Art gallery or arts supply store;
         (e)   Auto accessory stores;
         (f)   Bakeries;
         (g)   Bank or saving institutions;
         (h)   Bars;
         (i)   Bicycle sales and repair;
         (j)   Book stores and newsstands;
         (k)   Bus terminal;
         (l)   Candy shop;
         (m)   Dance hall, nightclub, or tavern;
         (n)   Department store;
         (o)   Drug stores;
         (p)   Florists;
         (q)   Furniture stores;
         (r)   Gift stores, novelty, or souvenir shops;
         (s)   Grocery stores;
         (t)   Hardware stores;
         (u)   Health club and gymnasium;
         (v)   Interior decorating stores;
         (w)   Jewelry stores;
         (x)   Luggage and leather goods;
         (y)   Motels and hotels;
         (z)   Music studio;
         (aa)   Newspaper and magazine sales;
         (bb)   Novelty stores;
         (cc)   Optical stores;
         (dd)   Off-site advertising sign;
         (ee)   Pet stores;
         (ff)   Photography studios;
         (gg)   Pottery stores;
         (hh)   Printing shops;
         (ii)   Private clubs or lodges serving food and beverages;
         (jj)   Repair shops;
         (kk)   Restaurants, not of the drive-in, convenience, or drive-through type;
         (ll)   Shoe and footwear sales and repair;
         (mm)   Specialty stores;
         (nn)   Sporting goods stores;
         (oo)   Theatres;
         (pp)   Travel bureau;
         (qq)   Variety stores; and
         (rr)   Uses determined by Planning Commission to be similar to those listed in this division (B).
(Prior Code, § 510.020)
   (C)   Accessory uses. The following are permitted accessory uses in the CBD Central Business District:
      (1)   Commercial or business buildings and structures for a use accessory to the principal use; and
      (2)   Off-street parking facilities (not including semi-trucks) and off-street loading facilities as regulated by §§ 150.115 through 150.117.
(Prior Code, § 510.030)
   (D)   Conditional uses. The following are conditional uses in the CBD Central Business District (requires a conditional use permit based upon procedures set forth in and regulated by § 150.169(A)):
         (a)   Commercial planned unit developments as regulated by §§ 150.060 through 150.063;
         (b)   Buildings combining residential and nonresidential uses allowed in this district; provided, that:
            1.   Residential uses shall be confined to the second or third floor of the building, or the rear portion of the main level if confined to less than 60% of the floor area; or
            2.   The residential and nonresidential uses shall not conflict in any manner.
         (c)   Automotive repair shops;
         (d)   Restaurants with drive-through (convenience variety);
         (e)   Cannabis wholesale;
         (f)   Cannabis medical combination business; and
         (g)   Lower-potency hemp edible manufacturer.
(Prior Code, § 510.040)
   (E)   Interim uses. The following is an interim use in the CBD Central Business District and requires an interim use permit based upon procedures set forth in and regulated by § 150.169(A): cannabis event.
   (F)   Performance standards.
      (1)   Minimum lot size. No minimum lot size for permitted or accessory uses. Lot size may be established by Planning Commission for conditional use;
      (2)   Minimum lot width. None;
      (3)   Setbacks (measured from lot lines).
         (a)   Front yard. None;
         (b)   Side yard. None, 20 feet if abutting a residential district; and
         (c)   Rear yard. None, 20 feet if abutting a residential district.
      (4)   Maximum building height. Forty-five feet or three stories;
      (5)   Maximum site coverage. No maximum; and
      (6)   Additional requirements. Additional requirements, including, but not limited to, parking, surface water drainage, signs, planned unit developments, and sewage disposal as regulated by appropriate sections of this chapter, as may be amended.
(Prior Code, § 510.050)
(Ord. passed 10-8-2003; Ord. 05-2024, passed 8-7-2024; Ord. 2024-09, passed 12-4-2024) Penalty, see § 10.99

§ 150.027 IND INDUSTRIAL DISTRICT.

   (A)   Purpose. The purpose of the Industrial District is to establish, preserve, and regulate areas in the city for manufacturing, processing, assembly and fabrication, storage, and warehousing and other industrial and related uses. These uses shall maintain a high level of performance and appearance, including open spaces and landscaping and encouraging development that is compatible with abutting districts.
(Prior Code, § 511.010)
   (B)   Permitted uses. The following are permitted uses in the IND Industrial District:
      (1)   Manufacturing or assembly of a wide variety of products;
      (2)   Bottling establishments;
      (3)   Dry cleaning and dying establishments;
      (4)   Manufacturing of crates, boxes, baskets, furniture, veneer, cabinets, and similar wood items;
      (5)   Manufacturing of plastic, fiberglass, and metal products;
      (6)   Building materials sales and storage, lumber yards;
      (7)   Warehousing of non-explosive material or equipment;
      (8)   Offices related to industrial uses;
      (9)   Machine shops, lumber yards, and the like;
      (10)   Major automotive repair;
      (11)   Appliance assembly and warehousing, freight terminals, concrete products plants, building materials production, clothing or apparel manufacturing, and similar uses;
      (12)   Highway maintenance shops and yards;
      (13)   Grain elevators;
      (14)   Uses determined by Planning Commission to be similar in nature to those listed in this division (B);
      (15)   Mini-storage;
      (16)   Government guidelines and public facilities;
      (17)   Cannabis cultivation;
      (18)   Cannabis manufacturing;
      (19)   Cannabis retail sales;
      (20)   Cannabis delivery service;
      (21)   Cannabis testing facility;
      (22)   Cannabis transport;
      (23)   Cannabis wholesale;
      (24)   Lower-potency hemp edible retailer; and
      (25)   Adult establishments as defined in § 112.02.
(Prior Code, § 511.020)
   (C)   Location requirements for adult establishments. Adult establishments are permitted uses in the Industrial District, subject to the following location requirements.
      (1)   An adult establishment shall not be located within 1,000 feet of an existing adult establishment.
      (2)   An adult establishment shall not be located within 500 feet of any PUD district, residential district, or residential property.
      (3)   An adult establishment shall not be located within 1,000 feet of an existing school or place of worship.
      (4)   An adult establishment shall not be located within 500 feet of any property being used as a park.
      (5)   For purposes of this chapter, the 500- and 1,000-foot distances shall be the shortest horizontal measurement from the property line of any residential district, residential property, PUD property, school, place of worship, park, or an adult establishment to the property line where the proposed adult establishment is to be located.
(Prior Code, § 511.025)
   (D)   Accessory uses. The following are permitted accessory uses in the IND Industrial District:
      (1)   Off-street parking as defined in §§ 150.115 through 150.117; and
      (2)   Any use customarily incidental to the uses permitted in division (B) above and division (E) below.
(Prior Code, § 511.030)
   (E)   Conditional uses. The following are conditional uses in the IND Industrial District (requires a conditional use permit based upon procedures set forth in and regulated by § 150.169(A)):
      (1)   Open or outdoor service, sale, and rental as a principal or accessory use; provided, that:
         (a)   Outside services, sales, and equipment rentals related to the principal use;
         (b)   Outside sates areas are fenced and screened from view of neighboring residential uses or an abutting residential district; and
         (c)   Sales area is grassed or surfaced to control dust.
      (2)   Accessory, enclosed retail, rental service, or processing, manufacturing activity other than that allowed as a permitted use or conditional use within this section; provided, that:
         (a)   Such use is allowed as a permitted use in a business district;
         (b)   Adequate off-street parking and off-street loading is provided in compliance with §§ 150.115 through 150.117; and
         (c)   All signage is in compliance with §§ 150.095 through 150.100.
      (3)   Government buildings and public facilities;
      (4)   Commercial/industrial planned unit developments;
      (5)   Crude oil, gasoline, or other liquid storage tanks, bulk fuel sales, and storage;
      (6)   Fertilizer and chemical sales and storage;
      (7)   Antennas as defined in § 150.144;
      (8)   Any manufacturing, processing, cleaning, storage, testing of materials, or goods similar to those listed in this division (E) which conform with the performance standards of this section;
      (9)   Medical cannabis combination business; and
      (10)   Lower-potency hemp edible manufacturer.
(Prior Code, § 511.040)
   (F)   Interim uses. The following is an interim use in the IND Industrial District (requires an interim use permit based upon procedures set forth in and regulated by § 150.169(A)): cannabis event.
   (G)   Performance standards.
      (1)   Minimum lot size. Ten thousand square feet;
      (2)   Setbacks (measured from lot lines).
         (a)   Front yard. Twenty feet;
         (b)   Side yard. Five feet; and
         (c)   Rear yard. Five feet.
      (3)   Minimum lot width. One hundred feet at building setback;
      (4)   Maximum building height. Forty-five feet or three stories;
      (5)   Maximum site coverage by buildings. Seventy percent of the total lot area; and
      (6)   Additional requirements. Additional requirements, including, but not limited to, parking, stormwater drainage, signs, planned unit developments, and sewage disposal are listed in appropriate sections of this chapter as may be amended.
(Prior Code, § 511.050)
(Ord. passed 10-8-2003; Ord. passed 12-7-2005; Ord. 05-2024, passed 8-7-2024; Ord. 2024-09, passed 12- 4-2024)

§ 150.040 FINDINGS.

   The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion, and areas containing restrictive soils adversely affects the public health, safety, and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control, and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in such areas and in areas which may be affected by unplanned land usage.
(Prior Code, § 513.010) (Ord. passed 10-8-2003)

§ 150.041 PURPOSE.

   The purpose of this section is to promote, preserve, and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land disturbing or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas.
(Prior Code, § 513.020) (Ord. passed 10-8-2003)

§ 150.042 SCOPE AND EFFECT.

   (A)   Applicability. Every applicant for subdivision approval or a commercial permit, industrial permit, or multiple-family residential permit to allow land disturbing activities must submit a surface (stormwater) water management plan to the city. No plat approval or permit to all land disturbing activities, including, but not limited to, mining, excavation, filling and grading shall be issued until approval of the surface (stormwater) water management plan or a waiver of the approval requirement has been obtained in conformance with the provisions of this chapter. The provisions of this section apply to all land, public or private, located within the city.
   (B)   Exemptions. The provisions of this section do not apply to:
      (1)   Any part of a single-family residential subdivision if a plat for the subdivision has been approved by the city on or before the effective date of this chapter;
      (2)   Any land disturbing activity for which plans have been approved by the watershed management organization within six months prior to the effective date of this chapter;
      (3)   A lot for which a zoning permit has been approved on or before the effective date of this chapter;
      (4)   Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
      (5)   Emergency work to protect life, limb, or property; or
      (6)   Administrative subdivisions.
   (C)   Waiver.
      (1)   The city upon, recommendation of the Planning Commission, may waive any requirement of this section upon making a finding that compliance with the requirement will involve an unnecessary hardship and the waiver of such requirement will not adversely affect the standards and requirements set forth in this section.
      (2)   The city may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirements.
(Prior Code, § 513.030) (Ord. passed 10-8-2003)

§ 150.043 SURFACE WATER (STORMWATER) MANAGEMENT PLAN APPROVAL PROCEDURES.

   (A)   Application.
      (1)   (a)   A written application for surface (stormwater) water management plan approval, along with the proposed surface (stormwater) water management plan, shall be filed with the Zoning Administrator and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district, and adequate evidence showing that the proposed use will conform to the standards set forth in this section.
         (b)   Prior to applying for approval of a surface (stormwater) water management plan, an applicant may have the surface (stormwater) water management plans reviewed by the city.
      (2)   Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted to the city and shall be accompanied by a receipt evidencing payment of fees (if applicable) for processing and approval as set forth in § 150.044. Drawings shall be prepared to scale appropriate to the site of the project and suitable for the review to be performed. At a minimum, the scale shall be one inch equals 100 feet.
   (B)   Surface water (stormwater) management plan. At a minimum, the surface (stormwater) water management plan shall contain the following information:
      (1)   Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including:
         (a)   The name and address of the applicant; a legal description of the property directly associated with the request; north point; date; scale of drawing; and number of sheets;
         (b)   Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivisions, towns, and districts or other landmarks; and
         (c)   Location and dimensions of existing surface (stormwater) water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction (storm) water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where surface (stormwater) water collects.
      (2)   Site construction plan. A site construction plan including:
         (a)   Schedule of anticipated starting and completion date of each land disturbing activity; and
         (b)   Provisions for maintenance of the construction site erosion control measures during construction.
(Prior Code, § 513.040) (Ord. passed 10-8-2003)

§ 150.044 PLAN REVIEW PROCEDURE.

   (A)   Process. Surface water (stormwater) management plans meeting the requirements of § 150.043 shall be submitted by the Zoning Administrator to the City Engineer or his or her designee for review in accordance with the standards of § 150.045. The Planning Commission shall recommend approval, recommend approval with conditions, or recommend denial of the surface (stormwater) water management plan to the City Council. Following Planning Commission action, the surface (stormwater) water management plan shall be submitted to the City Council at its next available meeting. City Council action on the surface (stormwater) water management plan must be accomplished within 60 days following the date the application for approval is filed with the Zoning Administrator.
   (B)   Duration. Approval of a plan submitted under the provisions of this section shall expire one year after the date of approval unless construction has commenced in accordance with the plan, however, if prior to the expiration of the approval the applicant makes a written request to the Zoning Administrator for an extension of time to commence construction setting forth the reasons for the requested extension, the city may grant one extension of not greater than one single year. Receipt of any request for an extension shall be acknowledged by the Zoning Administrator within 15 days. The Zoning Administrator, after consulting with the City Engineer shall make a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved.
   (C)   Conditions. A surface water (stormwater) management plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements contained in this section are met. Such conditions may, among other matters, limit the size, kind, or character of the proposed development; require the construction of structures, drainage facilities, storage basins, and other facilities; require replacement of vegetation; establish required monitoring procedures; stage the work over time; require alternation of the site design to ensure buffering; and require the conveyance to the city or other public entity of certain lands or interests therein.
   (D)   Fees. All applications for surface (stormwater) water management plan approval shall be accompanied by a processing and approval fee, if applicable, and as specified by the City Council through resolution.
(Prior Code, § 513.050) (Ord. passed 10-8-2003)

§ 150.045 APPROVAL STANDARDS.

   (A)   Approval standards. No surface (stormwater) water management plan which fails to meet the standards contained in this section shall be approved by the City Council.
   (B)   Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, up flow chambers, hydro-cyclones, swirl concentrators, or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels or a wetland.
   (C)   Waste and material disposal. All waste and unused building materials, including, but not limited to, garbage, cleaning wastes, debris, wastewater, toxic materials, or hazardous materials, shall be properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or surface (stormwater) sewer system.
   (D)   Tracking. Each site shall prevent sediment from being tracked onto public or private roadways.
   (E)   Drain inlet protection. All surface (stormwater) drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence, or equivalent barrier meeting accepted design criteria, standards, and specifications contained in the State Pollution Control Agency publication entitled Protecting Water Quality in Urban Areas.
   (F)   Site erosion control. The following criteria apply only to construction activities that result in runoff leaving the site.
      (1)   Channeled runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
      (2)   All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
   (G)   Surface water (stormwater) management criteria for permanent facilities.
      (1)   An applicant shall install or construct, on or for the proposed land disturbing or development activity, all surface (stormwater) water management facilities necessary to manage increased runoff so that the two-year, ten-year, and 100-year storm peak discharge rates existing before the proposed development shall not be increased, and accelerated channel erosion will not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in-kind or monetary contribution to the development and maintenance of community surface (stormwater) water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant.
      (2)   The applicant shall give consideration to reducing the need for surface (stormwater) water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist before development.
      (3)   The following surface (stormwater) water management practices shall be investigated in developing a surface (stormwater) water management plan:
         (a)   Natural infiltration of precipitation on-site, if located outside of areas considered sensitive to groundwater contamination;
         (b)   Flow attenuation by use of open vegetated swales and natural depressions;
         (c)   Surface (stormwater) water retention facilities; and
         (d)   Surface (stormwater) water detention facilities.
      (4)   A combination of successive practices may be used to achieve the applicable minimum control requirements specified in § 150.040. The applicant shall provide justification for the method selected.
   (H)   Design standards. Surface (stormwater) water detention facilities constructed in the city shall be designed according to standards approved by the City Engineer.
   (I)   Wetlands. Rules and regulations applicable to wetlands and set forth by the State Wetland Conservation Act, Ch. 354, 1991 Minn. Laws 2794 and Federal Clean Water Act, being 33 USC §§ 1251 et seq. are hereby incorporated.
   (J)   Watershed management and groundwater management plans. Surface (stormwater) water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with M.S. §§ 103B.231 and 103B.255, as they may be amended from time to time, respectively, and as approved by the State Board of Water and Soil Resources in accordance with state law.
   (K)   Easements. If a surface (stormwater) water management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water.
(Prior Code, § 513.060) (Ord. passed 10-8-2003)

§ 150.060 PURPOSE.

   The purpose of this subchapter is to make provision for planned unit projects within the city larger tracts of land under single or unified ownership, developed with public sewer. Such residential subdivision unit projects allow modification of individual lot area and width requirements to allow cluster development and multiple dwellings. Residential subdivision projects shall be developed in accordance with an overall design and an integrated development plan and otherwise in accordance with the city subdivision regulations. Such projects shall be consistent with the intent and purpose of this subchapter and shall not adversely effect the property adjacent to the land included in the project.
(Prior Code, § 514.010) (Ord. passed 10-8-2003)

§ 150.061 REGULATIONS.

   (A)   No more than 50% of the land shall be used for buildings, tennis courts, swimming pools, roads, and other impervious surfaces.
   (B)   Projects shall be so designed as to provide adequate sewer and water facilities and public access; lots should be of adequate size to provide emergency and/or service vehicle public access. Buildings shall be spaced to allow emergency vehicles freedom to maneuver between buildings.
   (C)   An application for PUD must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownerships, the approved final plan shall be binding on all owners.
   (D)   Each project must comply with Department of Natural Resources guidelines for planned unit developments in shore land areas where applicable.
(Prior Code, § 514.020) (Ord. passed 10-8-2003)

§ 150.062 ADMINISTRATIVE PROCEDURES.

   (A)   Upon filing an application for PUD, the applicant of the proposed PUD is encouraged to meet with the Zoning Administrator and Planning Commission in an informal review session to provide an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area in which it is proposed and its conformity to the provisions of this section. The informal review session is intended to prevent the applicant from incurring substantial expense in the preparation of plans, surveys and other data.
   (B)   (1)   The proponents of a planned unit development shall submit a preliminary subdivision plat and a site plan according to Ch. 151, along with an application for a conditional use permit.
      (2)   The site plan shall include the following:
         (a)   A written statement generally describing the proposed PUD and the market which it is intended to serve and how the proposed PUD is to be designed, arranged, and operated. When requested and/or when appropriate, the number of residential dwelling units and expected population; the gross square footage of commercial and industrial floor space by type of activity (i.e., drug store, supermarket, salon);
         (b)   The proposed name of the development;
         (c)   Existing adjacent development;
         (d)   Proposed public or community sanitary sewer and water systems, including size, type, and capacity;
         (e)   Proposed roadway, private or public, type, and capacity of surfacing;
         (f)   Proposed site development and development schedule;
         (g)   Size and location of proposed and existing buildings on the subject site;
         (h)   Proposed landscaping;
         (i)   Site and lot dimensions;
         (j)   Allocation and disposition of park and open space;
         (k)   Type of use and density of each building;
         (l)   Indication of public and private roadways. Roadways that are private in PUDs shall remain private and are not subject to public maintenance;
         (m)   Location, type, and sizing of signage;
         (n)   A preliminary plat prepared in accordance with Ch. 151;
         (o)   The city may excuse an applicant from submitting any specific item of information or document required which it finds to be unnecessary to the consideration of the specific proposal for PUD approval; and
         (p)   The city may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect thereof.
   (C)   Within 30 days of receiving the preliminary subdivision plat, site plan, and application for a conditional use permit from the proponents of a planned unit development, the Planning Commission shall hold a public hearing on said proposal. Legal notice of said hearing shall consist of the property’s legal description, a description of the request, and a general description of the property’s location. Said legal notice shall be published in the city’s official newspaper a minimum of ten days prior to the hearing and written notification of said hearing shall be mailed at least ten days prior to the hearing to all land owners of record within 350 feet of the boundary of the property in question. Failure of property owner to receive said notice shall not invalidate any such proceedings as set forth within this section.
   (D)   Within 30 days of the public hearing, or such further time as may be agreed to by the applicant, the Planning Commission shall make a finding of fact and submit its recommendation to the City Council. If the Planning Commission fails to act within the time specified herein, it shall be deemed to have recommended the plan for approval.
   (E)   Upon receiving the recommendation of the Planning Commission, or within 60 days after the application submitted for the preliminary plat was considered complete, the City Council shall consider the Planning Commission’s recommendation. Such recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
   (F)   Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:
      (1)   Approve or disapprove the request as recommended by the Planning Commission;
      (2)   Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. Such modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
      (3)   Refer the recommendation back to the Planning Commission for future consideration if the applicant is willing to grant an extension to the review period. This procedure shall be followed only one time on a singular action.
   (G)   If the conditional use permit for the preliminary plat and site plan is approved, the preliminary plat and site plan shall be attached to and become a part of the conditional use permit. Any modification to the preliminary plat or site plan will require a re-submission to and approval by the City Planning Commission and the City Council.
   (H)   If the conditional use permit is approved, the final plat shall be submitted to the city in accordance with the city subdivision regulations and the provisions of this chapter.
   (I)   Within one year after the approval of a final plat for a PUD, or such time as may be established by an approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within allotted schedule shall automatically render void the PUD permit and all approvals of the PUD plan unless an extension is granted by the City Council.
(Prior Code, § 514.030) (Ord. passed 10-8-2003)

§ 150.063 GENERAL REGULATIONS.

   Requirements for signs, parking, stormwater drainage, sewage disposal, and the like, as regulated in appropriate sections of this chapter, as may be amended.
(Prior Code, § 514.040) (Ord. passed 10-8-2003)

§ 150.075 PURPOSE.

   The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily “more sensitive” home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process.
(Prior Code, § 515.010) (Ord. passed 10-8-2003)

§ 150.076 REGULATIONS.

   With the exception of licensed home day cares, all occupations conducted in the home shall comply with the provisions of this section, the provisions of the district in which it is located, and other sections of this chapter.
(Prior Code, § 515.020) (Ord. passed 10-8-2003)

§ 150.077 PROCESS.

   Any home occupation, as defined § 150.002, shall require a home occupation permit. Such permit shall be issued subject to the conditions of this section and other applicable provisions of this code of ordinances and state law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this section. Application for the home occupation permit shall be accompanied by a fee if so designated by City Council resolution. If the Zoning Administrator denies a home occupation permit to an applicant, the applicant may appeal the decision to the City Council which shall make the final decision. The permit shall remain in full force and effect until such time as there has been a change in conditions or until such time as the provisions of this section have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission. The City Council shall make a final decision on whether or not the permit holder is entitled to continue to operate the home occupation.
(Prior Code, § 515.030) (Ord. passed 10-8-2003)

§ 150.078 PERMITTED HOME OCCUPATION REGULATIONS.

   Permitted home occupations are limited to activities meeting the following regulations.
   (A)   No person other than those who customarily reside on the premises and/or one additional employee shall be in one’s employ on the premises.
   (B)   Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway or public parking areas immediately abutting the permitted property.
   (C)   The home occupation shall not involve any of the following: over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet.
(Prior Code, § 515.040) (Ord. passed 10-8-2003; Ord. 2018-5, passed 11-14-2018)

§ 150.079 SPECIAL HOME OCCUPATION.

   (A)   Examples of a special home occupation includes: barber or beauty service, bed and breakfast as outlined in § 150.002 photography studio, saw sharpening, small appliance and small engine repair and other occupations similar in nature.
   (B)   The following regulations shall apply.
      (1)   Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a special home occupation permit which shall be applied for, reviewed and disposed of in the accordance with the provisions of this chapter.
      (2)   The Planning Commission and the Council may impose such conditions of the granting of a special home occupation permit as may be necessary to carry out the provisions of this section.
      (3)   (a)   A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of five years each.
         (b)   Each application for a permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit.
      (4)   (a)   No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for nonresident assistance and that this exception would not compromise the intent of this chapter.
         (b)   The home occupation may involve any of the following: stock-in-trade incidental to the performance of the service; repair service; or manufacturing which requires equipment other than customarily found in a home.
         (c)   Special home occupation may be allowed to accommodate their parking demand through utilization of on-street parking.
         (d)   Bed and breakfasts may be permitted as a special home occupation; provided, that:
            1.   Four or fewer rooms are for rent for a period not to exceed 14 consecutive days during any 90-day period;
            2.   The establishment confirms with the State Health and Building Code requirements;
            3.   Large fractions of 25 or more such receptions or business meetings shall be permitted on-site providing such functions shall be limited to a maximum of 75 people. The total said functions shall not exceed six events per calendar year; and
            4.   Small functions of less than 25 people such as receptions or business meetings shall be permitted on site, unrestricted.
      (5)   Massage therapy may be permitted as a special home occupation provided; that all requirements outline in this section and other city ordinances are met.
(Prior Code, § 515.050) (Ord. passed 10-8-2003)

§ 150.080 GENERAL PROVISIONS.

   (A)   No home occupation shall produce light glare, noise, order, or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
   (B)   No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
   (C)   Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not be changed the residential character there of, and shall result in no incompatibility or disturbance to the surrounding residential use.
   (D)   There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobile used in the home occupation may be parked on the site.
   (E)   The floor area devoted to the home occupation shall not exceed 25% of the total ground area occupied by building on the lot.
   (F)   There shall be no display or evidence apparent from the exterior of the lot that the premises are being used for any purpose other than that of a dwelling, with the exception that one non-illuminated sign measuring one-and one-half square feet may be attached to the dwelling.
   (G)   Whenever within one year after granting a permit, the use as permitted shall not have been initiated, then such permit shall become null and void unless a petition for extension of time to complete the work has been granted by the Council.
(Prior Code, § 515.060) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.081 NONCONFORMING USE.

   (A)   Existing home occupations lawfully existing on the effective date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation.
   (B)   Any existing home occupation that is discontinued for a period of more than one year shall be brought into conformity with the provisions of this chapter prior to reinstitution.
(Prior Code, § 515.070) (Ord. passed 10-8-2003)

§ 150.082 INSPECTION.

   The city reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance and the provisions of this section or any conditions additionally imposed.
(Prior Code, § 515.008) (Ord. passed 10-8-2003)

§ 150.095 PURPOSE.

   The purpose of this section is to protect, ensure, maintain, and regain the natural and scenic beauty and attractiveness of the roadside throughout the city. By the construction of public roads, the public has created views to which the public retains a right of view and it is the intent of these standards to prevent the taking of that right. Signs are recognized as accessory uses and are permitted in all districts subject to the regulations of this subchapter.
(Prior Code, § 516.010) (Ord. passed 10-8-2003)

§ 150.096 PROHIBITED SIGNS.

   (A)   No sign shall be allowed that is a hazard to the public health, safety, convenience, welfare ,or that prevents ingress or egress from any door, window, or fire escape that tends to accumulate debris as a fire hazard or that is attached to a standpipe or fire escape.
   (B)    Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. No sign shall be placed so as to destruct or interfere with traffic visibility or traffic control.
   (C)   Private signs are prohibited within the public right-of-way of any street or easement.
   (D)   Signs with rotating beams are prohibited.
   (E)   Rotating signs are prohibited.
   (F)   Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved.
   (G)   Roof signs are prohibited.
(Prior Code, § 516.020) (Ord. passed 10-8-2003; Ord. 2018-5, passed 11-14-2018) Penalty, see § 10.99

§ 150.097 REGULATIONS.

   (A)   Federal sign regulations. All signs along state and federal highways shall conform to state and federal sign regulations. Billboards erected along State Highways 22 and 55 shall be spaced a minimum of 500 feet apart.
   (B)   Permanent off-site freestanding signs. All permanent off-site freestanding signs shall require conditional use permits.
   (C)   Sign maintenance.
      (1)   Painting. The owner of any sign shall be required to have such a sign properly painted at least once every two years, if needed, including all parts and supports of the sign, unless such parts or supports are galvanized or otherwise treated to prevent rust.
      (2)   Area around signs. The owner or lessee of any sign or the owner of the land on which the sign is located shall keep the grass, weeds, or other growth cut and the area free from refuse between the sign and the street and also for a distance of six feet behind at the ends of said sign.
   (D)   Obsolete signs. Any sign which no longer advertises a bona fide business conducted or a project sold shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or land upon which the sign may be found, within ten days after written notice from the Zoning Administrator.
   (E)   Unsafe or dangerous signs. Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety shall be taken down and removed by the owner, agent, or person having the beneficial use of the building, structure, or land upon which the sign is located within ten days after written notification from the Zoning Administrator.
(Prior Code, § 516.030) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.098 EXEMPTIONS.

   The following signs do not require a permit, however, they shall conform to the requirements of this section:
   (A)   Signs for one- and two-family residential dwellings identifying the occupant or street address, provided; that such signs are less than one square foot in area;
   (B)   Pedestrian vehicular traffic and parking directional signs in parking lots, provided, such signs are less than eight square feet in area and less than six feet in height;
   (C)   Public signs, street signs, warning signs, or signs of public companies for the purpose of safety;
   (D)   Signs denoting the architect, engineer, contractor, or owners when placed upon a work site. Such signs shall be removed within ten days after completion of construction;
   (E)   Signs designating candidates seeking public political office. Such signs shall be located on private property, shall not be located so as to obstruct vehicular lines of sight and shall be removed in accordance with state guidelines for elections;
   (F)   Flags, badges, or insignia of any governmental agency;
   (G)   Emergency signs required by any governmental agency;
   (H)   Temporary real estate signs pertaining only to the sale, rental or development of a lot upon which it is displayed. One sign shall be permitted for each lot and must be removed within ten days following the sale, lease, or development of said property;
   (I)   Banners placed on private property for advertising of a special sales event or grand opening. Such banners shall contain no advertising;
   (J)   Memorial signs or tablets, names of buildings, and date of erection; and
   (K)   Home occupation signs, non-illuminated, attached to the wall of a dwelling and not exceeding one-and one-half square feet in area.
(Prior Code, § 516.040) (Ord. passed 10-8-2003)

§ 150.099 PERMITTED SIGNS IN AG, RSF, RMF, AND RMHD DISTRICTS.

   The following signs are permitted in the AG, RSF, RMF, and RMHD Districts:
   (A)   Signs for nonconforming businesses establishments announcing only the names and occupation of the proprietor;
   (B)   Bulletin boards for public, charitable, or religious institutions located on the premises;
   (C)   Religious uses, public institutions, nonresidential, and residential development signs not exceeding 200 square feet in area per side with no more than two sides. Such identification signs may be wall or ground mounted or combination thereof. There may be a second sign if the use abuts two or more streets; and
   (D)   All signs shall be set back a minimum of five feet from property lines and shall not be located within 30 feet of an intersection.
(Prior Code, § 516.050) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.100 PERMITTED SIGNS IN COM, CBD, AND IND DISTRICTS.

   The following signs are permitted in the COM, CBD, and IND Districts:
   (A)   Signs that are placed on the exterior walls of buildings shall not exceed 200 square feet in area for any one premises, and shall not exceed 30 feet in height above the average centerline grade of the street it fronts;
   (B)   Ground and pole signs shall not exceed 40 feet in height above the average centerline street grade, shall meet all yard requirements for the district in which it is located, multiple signs on one pole or poles shall not exceed 300 square feet on one side nor 600 square feet on all sides for any one premises;
   (C)   Window signs that are placed only inside of the commercial buildings, provided, not more than 50% of the window is covered;
   (D)   Projecting signs which provide a minimum undersign clearance of at least ten feet and which do not project more than four feet over a sidewalk and shall not exceed 40 square feet; and
   (E)   Off-premises advertising signs (billboards) shall only be permitted in the COM, COM-R, CBD, or IND Districts as a conditional use. These signs shall not exceed 300 square feet on one side, nor 600 square feet on all sides for any one premises. Off-premises advertising signs shall meet all setback requirements and shall not be located within 100 feet of any residential zone, church, school, or designated recreation area.
(Prior Code, § 516.060) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.115 PURPOSE.

   It is the purpose of this subchapter to provide for the regulation of and design standards for off-street parking facilities within the city, to minimize congestion of the public right-of-way, and to maximize the safety and general welfare of the public.
(Prior Code, § 517.010) (Ord. passed 10-8-2003)

§ 150.116 REGULATIONS.

   (A)   Scope of regulations. No provision of any section of this subchapter shall be less restrictive than those outlined in this section. The off-street parking requirements and off-street loading requirements of this division (A) shall apply within all zoning districts, except the previous developed CBD Central Business District.
   (B)   Calculating space.
      (1)   Where calculations result in requiring a fractional space, any fraction less than one-half shall be disregarded and any fraction of one-half or more shall require one space.
      (2)   The term FLOOR AREA for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the building structure or use times the number of floors, minus 10%.
      (3)   Should a building or structure contain two or more types of uses, each should be calculated separately for determining the total off-street parking spaces required.
   (C)   Site plan.
      (1)   Except for single-family dwellings, all applications for a building or an occupancy permit shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of all off-street parking and loading spaces in compliance with the requirements of this section.
      (2)   The site plan shall include the following information:
         (a)   Zoning district;
         (b)   North point and scale;
         (c)   All adjacent rights-of-way;
         (d)   The ownership of the entire lot being developed;
         (e)   Dimensions of the lot and parking spaces; and
         (f)   The owner’s name, address, and phone number.
      (3)   Such plan shall be reviewed by the Planning Commission and approved by the City Council, in accordance to the criteria developed in this division (C).
   (D)   Site plan criteria. Upon review by the Planning Commission and approval by the City Council, the plan for off-street parking shall meet the following site design standards.
      (1)   All areas devoted for parking space and driveways shall be surfaced with permanent materials. All parking areas shall be designed to control surface runoff to adjacent properties either with curbing or grading techniques. No landscaped areas shall be used for the parking of vehicles.
      (2)   Any lighting used to illuminate off-street parking areas shall be directed away from abutting property and public right-of-way.
      (3)   No sign shall be so located as to restrict the sight, orderly operation, and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area. Such signs shall not be considered part of the permitted advertising space and shall be subject to regulations pursuant to §§ 150.095 through 150.100.
      (4)   The parking area shall meet the minimum design standards and number of stalls required under this section.
   (E)   Reduction of existing parking and loading spaces. Parking or loading spaces existing upon the effective date of this chapter shall not subsequently be reduced below the requirements of this section.
   (F)   Change of use or occupancy of land or building. No change of use or occupancy of land or of use or occupancy of any building, shall be made until there is furnished sufficient parking and loading spaces as required by this section.
   (G)   Use of parking and loading space.
      (1)   Required parking or loading spaces shall not be used for storage of goods or for storage of vehicles or trailers that are inoperable or for sale or rent.
      (2)   Off-street parking facilities accessory to residential uses shall be utilized solely for the parking of passenger automobiles and/or one truck not to exceed 15,000 pounds gross capacity for each dwelling unit, except as allowed per § 71.02. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, or customers of nearby business establishments.
   (H)   Design and maintenance.
      (1)   Drainage and surfacing.
         (a)   Driveways shall not exceed a grade of 6% and all parking lots, except those for less than four vehicles, shall be graded according to a drainage plan which has been approved by the City Engineer.
         (b)   Catch basins, sumps, and underground storm sewers may be required.
      (2)   Maintenance. It shall be the joint and several responsibility of the lessee and/or owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking area and landscaping.
      (3)   Lighting. All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow.
   (I)   Stall, aisle, and driveway design.
      (1)   Each perpendicular parking space shall be not less than nine feet wide and 20 feet in length, exclusive of an adequately designed system of access driveways.
      (2)   Except in the case of single-family and two-family dwellings, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing into the public street.
      (3)   Except in the cases of single-family and two-family dwellings, parking areas shall comply with the following standards.
 
Angle of Parking
Stall Width
Stall Depth
Minimum Driveway Width
Zero degrees
9 feet
22 feet
12 feet
30 degrees
9 feet
19 feet
12 feet
45 degrees
9 feet
21 feet
13 feet
60 degrees
9 feet
22 feet
18 feet
90 degrees
9 feet
19 feet
24 feet
 
      (4)   No curb cut access shall be located less than 40 feet from the intersection of two or more street rights-of-way for residential uses, and 60 feet for commercial and industrial areas. This distance shall be measured from the intersection of lot lines.
      (5)   Curb cut openings shall be a minimum of five feet from the side property line.
      (6)   All property shall be entitled to at least one curb cut. Single-family uses shall be limited to one curb cut access per property.
      (7)   Curb cuts shall be limited to 24 feet in width for residential areas and 36 feet in width for commercial/industrial areas. The City Council may provide relief from this regulation in special circumstances.
      (8)   All off-street parking spaces shall be served by access aisle or driveway connections to a public right-of-way.
   (J)   Number of required parking and loading spaces. The following minimum number of off-street parking and loading spaces shall be provided and maintained.
Use
Number of Required Parking Spaces
Use
Number of Required Parking Spaces
Auto repair, bus and taxi terminals, boat and marine sales and repair, bottling company, garden supply store, building material sales
8 spaces, plus 1additional space/800 square feet of floor area over 1,000 square feet
Automobile service station (motor fuel station)   
4 spaces, plus 2 spaces for each stall
Bed and breakfasts
2 spaces/3 persons
Boarding house
2 spaces/3 persons
Bowling alley
5 spaces/lane or alley
Car wash: automatic drive through   
10 spaces
Car wash, self-service
2 spaces
Drive-in establishment and convenience food
1 space/20 square feet of gross floor area, with a minimum of 20 spaces
Elderly housing
1 space/unit
High schools
10 per classroom
Manufacturing, fabricating, or processing of a product or materials, warehouse, storage, or post office   
1 space/employee, plus 1 space per company vehicle on premises
Miniature golf course, archery range, golf driving rage
10 spaces respectively
Motels/hotels
1 space/rental room plus spaces required for restaurant (see restaurant)
Multiple-family dwelling
1 space/unit
Nursing home or rest homes
4 spaces plus one for each 3 beds
Office buildings, professional offices, banks, animal hospitals
4 spaces plus 1 space/500 square feet over 1,000 square feet
Public parks/playgrounds
As per Planning Commission
Restaurants, café private clubs, bars, taverns, and nightclubs
1 space/100 square feet of gross floor area of dining and bar area, plus 1 space/80 square feet of kitchen area
Retail sales and services with 50% or more of floor area devoted to storage, warehouse and/or industry
1 space/200 square feet of gross floor area devoted to sales or service, plus 1 space/500 square feet storage area
Retail store and service establishment in COM District
1 space/200 square feet of floor area
Single-family and two-family
2 spaces/unit
Skating rink, dance hall, public auction house
1 space/200 square feet of gross floor area
 
   (K)   Joint facilities. The City Council may, after receiving a recommendation from the Planning Commission, approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business, if the following conditions are satisfactorily met:
      (1)   The building or use for which the application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities;
      (2)   The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and
      (3)   The provisions of this chapter are considered and satisfactorily met.
   (L)   Off-street loading facilities. Loading space required under this section shall be at least 50 feet long and ten feet wide. The regulations of this section are not applicable in the CBD Central Business District. An off-street loading space shall be required for every lot used for commercial or industrial purposes and having a building or buildings of at least 10,000 square feet. An off-street loading space shall be required for every lot used for office or research purposes having a building or buildings of at least 20,000 square feet. An additional off-street loading space shall be required for lots used for commercial or industrial purposes where the floor area of all buildings exceeds 100,000 square feet.
(Prior Code, § 517.020) (Ord. passed 10-8-2003; Ord. passed 1-5-2005) Penalty, see § 10.99

§ 150.117 EXCEPTIONS.

   There shall be no off-street parking requirements within the CBD Central Business District for permitted uses.
(Prior Code, § 517.030) (Ord. passed 10-8-2003)

§ 150.120 SOLAR AND WIND ELECTRIC-GENERATING FACILITIES REGULATIONS.

   (A)   Intent. To regulate location of solar and wind-generating electric facilities within the City of Eden Valley and guide their development to areas which are most appropriate given their conditions, and to limit impacts of such facilities on adjacent residential properties.
   (B)   Solar Projects. Solar Projects shall include any Solar Garden, Community Solar, Solar Energy System, Solar Farm, or any other solar project not intended for personal use, such as a single family home, farm, or business and shall be an Conditional Use within any A-l, Agricultural/Rural Residential District.
   (C)   Wind Projects. Wind Projects shall include any Wind Turbine, Wind Farm, Community Wind, Wind Energy System, Wind Garden, or any other electrical-generating facility utilizing wind, including those for personal uses such as single-family home, farm, or business shall be considered an Conditional Use within any A-l, Agricultural/Rural Residential District.
   (D)   Solar Project standards. All Solar Projects shall be subject to the following standards:
      (1)   Setbacks.
         (a)   All Solar Projects shall have a minimum 50 foot side and rear yard setback.
         (b)   All Solar Projects shall have a minimum 300 foot setback to any residential home not located on the same property.
         (c)   All Solar Projects shall have a minimum 700 foot setback from any County or State Highway.
         (d)   There shall be a minimum 3/4 mile setback between any Solar Project and another Solar Project, including those approved or developed prior to establishment of this subchapter.
         (e)   All setbacks as above shall be measured from the outermost solar panel(s) of the Solar Project.
      (2)   Shall not exceed 15 feet in height from grade.
      (3)   Shall be subject to stormwater management and erosion and sediment control best practices and NPDES permit requirements, and shall obtain requisite permits from the MPCA, local watershed district, City, and any other applicable regulatory agencies.
      (4)   Shall be designed and located in such a way as to utilize existing lowland/wetland areas that are otherwise non-buildable in their current condition, and to avoid agricultural and otherwise developable area.
      (5)   Shall be in compliance with any applicable local, state, and federal regulatory standards, including building, electrical, and plumbing codes.
      (6)   Power and communications lines that are not defined in this subchapter as essential services and running between banks of solar panels to electric substations or interconnections with buildings that are on adjacent parcels shall be buried underground.
      (7)   A 15 foot wide densely-planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs shall be provided around the project perimeter on any side that faces an adjacent public roadway or an adjacent property with a residential home or homes on it. Evergreen trees shall be planted at minimum six foot height.
      (8)   Solar Projects shall not be used for the display of advertising.
      (9)   A professional licensed engineer in the State of Minnesota shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
      (10)   Any Solar Project using a reflector to enhance solar production shall minimize glare from the reflector that may affect adjacent or nearby properties. Steps to minimize glare may include selective placement of the system, screening on the side of the solar energy system facing the reflectors, reducing use of the reflector system, or other remedies that limit glare. All Solar Projects shall be designed and located in order to prevent reflective glare toward inhabited buildings on adjacent properties and adjacent public roadways.
      (11)   No on-site system to store energy using batteries or capacitors shall be allowed.
   (E)   Wind Project Standards. All Wind Projects shall be subject to the following standards:
      (1)   Setbacks.
         (a)   All Wind Projects shall have a minimum 50 foot side and rear yard setback.
         (b)   All Wind Projects shall have a minimum 300 foot setback to any residential home not located on the same property.
         (c)   All Wind Projects have a minimum 700 foot setback from any public road.
         (d)   There shall be a minimum 3/4 mile setback between any Wind Project.
      (2)   Shall not exceed 100 feet in height from grade.
      (3)   Shall be subject to stormwater management and erosion and sediment control best practices and NPDES permit requirements, and shall obtain requisite permits from the MPCA, local watershed district, City, and any other applicable regulatory agencies.
      (4)   Shall be in compliance with any applicable local, state, and federal regulatory standards, including building, electrical, and plumbing codes.
      (5)   Power and communications lines that are not defined in this subchapter as essential services and running between wind turbine(s) to electric substations or interconnections with buildings that are on adjacent parcels shall be buried underground.
      (6)   Wind Projects shall not be used for the display of advertising.
      (7)   A professional licensed engineer in the State of Minnesota shall certify that the structure of the Wind Project is within accepted professional standards, given local soil and climate conditions.
      (8)   Wind Project design documents shall demonstrate inclusion emergency/default braking mechanism designed to prevent catastrophic failure from excessive speed.
      (9)   On-site energy storage systems (such as batteries or capacitors) may be allowed subject to submittal of designs certified safe and review/approval by city.
   (F)   Application requirements. All Conditional Use Permit applications for Solar Projects and Wind Projects shall include the following:
      (1)   Project narrative describing proposed project in detail.
      (2)   Site plan depicting existing property boundaries and property boundaries extending 100 feet from the exterior boundaries, including the names of the adjacent property owner(s) and current use of those properties.
      (3)   Existing public and private roads, including width of roads and any associated easements.
      (4)   Location and use of existing buildings onsite.
      (5)   Topography at two-foot intervals and source of contour interval. Contour map of surrounding properties may also be required subject to city request.
      (6)   Existing vegetation (list type and percent of coverage; i.e. grassland, pasture, plowed field, wood areas, etc.).
      (7)   Waterways, watercourses, lakes, and public water wetlands.
      (8)   Delineated wetland boundaries. Solar Projects shall demonstrate priority for locating facilities in marsh/wetland areas as deemed permissible by Stearns County and avoidance of agricultural or upland areas, and submit documentation and narrative explaining why marsh/wetland areas are not being utilized when available.
      (9)   The 100-year flood elevation and Regulatory Flood Protection Elevation, floodway, flood fringe, and/or general flood plain district boundary, if applicable.
      (10)   Drainage and grading plan.
      (11)   Location and spacing of proposed solar panels or wind turbine(s).
      (12)   Planned location of underground or overhead electric lines connecting the facilities to the building, substation or other electric load.
      (13)   Sketch elevation of the premises accurately depicting the proposed ground-mounted conversion system(s) and associated facilities and their relationship to structures on adjacent lots (if any);
      (14)   Natural Resource Impact Assessment. For Solar Projects with a project size exceeding ten acres, the applicant must provide a Natural Resource Impact Assessment. The assessment must address impacts of the project (construction and maintenancephases) to natural resource, defined as natural vegetation, native plant communities, soils, surface waters, wetlands, wildlife and nongame species, and fisheries. The assessment must include a review of the Minnesota DNR Natural Heritage Information System (NHIS) to determine if any rare species or rare natural resource features are located in proximity to the project.
      (15)   Solar Projects shall submit glare study utilizing U.S. Department of Energy's Solar Glare Hazard Analysis Tool to identify the impacts of the system on occupied buildings and transportation rights-of-way within a half-mile of the project boundary.
      (16)   Detailed landscaping plan.
      (17)   Viewshed analysis denoting proposed visual impact on adjacent public roadways and residential properties, including color renderings.
      (18)   Decommissioning plan. A decommissioning plan shall be required per division (G) for Solar Projects to ensure that facilities are properly removed after the expiration of the Conditional Use Permit, or, if earlier, after the useful life of solar panels and other facilities.
   (G)   Decommissioning.
      (1)   Decommissioning of Solar Projects and related facilities must occur in the event the Conditional Use Permit expires or is terminated, and/or the solar panels are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures, foundations, equipment and power and communication lines, restoration of soil and vegetation to its pre-developed conditions, estimated cost of decommissioning at expiration of Conditional Use Permit (including estimated inflation with cited source), and a financial guarantee ensuring that financial resources will be available to fully decommission the site. The applicant shall provide a bond, letter of credit, escrow, or other financial security in a form and amount set at not less than 125% of the estimated decommissioning plan cost (and higher as may be deemed appropriate by the city), naming the city as the obligee. The applicant shall further submit statement denoting that they or their heirs/successors shall be responsible for incurring any additional unforeseen costs associated with removal or decommissioning of any materials which were not deemed hazardous at the time of approval or installation but have later been reclassified as such at any time during the duration of the Conditional Use Permit.
      (2)   If said decommissioning has not been completed within a six-month period after the Conditional Use Permit has expired or has been terminated and/or the solar panels are not in use for a minimum of 12 consecutive months, then the city shall provide written notice by certified mail to the landowner requiring the decommissioning be completed within 60 calendar days of the receipt of said notice. If the decommissioning has not been completed within 60 days of the receipt of said notice, the city may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all costs and associated expenses thereof, including reasonable attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the city shall be billed to the landowner and if not paid within 60 calendar days of billing, shall become a lien against the solar project or levied as an assessment against the property.
      (3)   In the event that the city chooses to undertake the decommissioning as stated above, the city shall have the right to draw on the bond, letter of credit, escrow, or other financial security at its discretion.
(Ord. 2020-006, passed 9-2-2020)

§ 150.130 PURPOSE.

   (A)   The performance standards established in this subchapter are designed to encourage a high standard of development and delineate requirements for planned unit developments, mobile home parks, signs, parking, and loading and sewage disposal. Before any site permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to these standards.
   (B)   The purpose of this subchapter is to establish general development standards to assure compatible land uses to prevent blight and deterioration and to enhance the health, safety, and general welfare of the city.
(Prior Code, § 518.010) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.131 DWELLING UNIT REGULATIONS.

   (A)   No cellar, basement, or tent shall at any time be used as an independent residence or dwelling unit, temporarily or permanently, except allowed as a conditional use as set forth and regulated by this subchapter.
   (B)   Basements with proper egress may be used as living quarters or rooms as a portion of residential dwellings.
   (C)   Tents, play houses, or similar structures may be used for play or recreational purposes.
   (D)   Existing cellars or basements used as an independent dwelling unit shall have the status of a nonconforming use, subject to the provisions of this chapter.
   (E)   No dwelling shall hereafter be erected or altered unless the parcel that it is on is located immediately adjacent to and has direct access from a public street.
   (F)   Pursuant to authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the city opts-out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.
(Prior Code, § 518.020) (Ord. passed 10-8-2003; Ord. 2016-3, passed 8-31-2016) Penalty, see § 10.99

§ 150.132 ACCESSORY BUILDINGS.

   (A)   In cases where an accessory building is attached to the principal structure, it shall be made structurally a part of the principal structure and shall comply in all respects with the requirements of this subchapter applicable to the principal structure. An accessory building, unless attached to and made a part of the principal structure shall not be closer than five feet to the principal structure.
   (B)   (1)   For the purposes of this chapter, setbacks shall be measured from the property line to the wall of the structure. Accessory buildings may be located in the side and rear yards of a lot, except, however, that no such encroachment may occur on required side yard setbacks abutting a street in the case of a corner lot.
      (2)   The following standards shall apply to all accessory structures in the RSF, RMF, and RMHD Districts:
         (a)   Accessory structure(s) shall not exceed 30% of the area of the side and rear yards;
         (b)   All accessory buildings in the RSF, RMF, and RHMD Residential Districts shall be set back from all adjoining lots a distance of at least five feet, shall be located at least five feet away from any other building or structure on the same lot, and shall not be located within a utility easement or within the required front yard setback;
         (c)   No detached accessory structure shall be erected or altered so as to encroach in the front yard setback of a lot; and
         (d)   Garages having an overhead door that directly faces an alley shall be setback at least 15 feet from the alley.
      (3)   In all other cases, other than those noted within § 150.131, accessory buildings shall conform to setbacks which are imposed within the respective zoning district. In districts where gas stations are allowed, pump islands may be located within a required yard provided they are not less than 15 feet from any street right-of-way line.
      (4)   No lot in the RSF, RMHD, RMF, or COMM-R Districts shall have more than two detached portable accessory structures or buildings.
      (5)   The same or similar quality exterior building materiel shall be used in the accessory building and the principal building.
      (6)   Accessory buildings shall comply with the following height limitations.
Zoning District
Maximum Height
Maximum Eave Height
Zoning District
Maximum Height
Maximum Eave Height
CBD
District limit
District limit
COM
District limit
District limit
COM-R
District limit
District limit
IND
District limit
District limit
RHMD
18 feet
10 feet
RMF
18 feet
10 feet
RSF
18 feet
10 feet
 
   (C)   Tarp/Polyvinyl structures are prohibited as accessory buildings in all zoning districts within the city.
(Prior Code, § 518.030) (Ord. passed 10-8-2003; Ord. 2020-002, passed 8-5-2020) Penalty, see § 10.99

§ 150.133 GENERAL BUILDING YARD REGULATIONS.

   (A)   Purpose. This section identifies yard, building type, and height requirements in each zoning district.
   (B)   Building restrictions.
      (1)   Any person desiring to improve property shall submit to the Zoning Administrator information on the location and dimensions of existing and proposed buildings, location of easements crossing the property encroachments, and any other information which may be necessary to ensure conformance to city ordinances. Applicants shall be responsible for locating all property boundaries and providing certification of said property boundaries by providing a survey of the lot to the city or providing confirmation of the placement of survey pins through a site visit.
      (2)   All buildings shall be so placed that they will not obstruct future streets or alleys that may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
      (3)   Except in the case of planned unit developments, not more than one principal building shall be located on a lot. The words “principal building” shall be given their common, ordinary meaning; in case of doubt or on any question or interpretation, the decision of the Zoning Administrator shall be final, subject to the right of appeal to the Planning Commission and City Council.
      (4)   Before construction is commenced or a building is brought into the city, a site plan and architectural plan, must be submitted to the city depicting, at a minimum, the dimensions of the lot, the layout of structures, the proposed size of the structures, the proposed finishes of the structure and other relevant information as may be requested by the city.
      (5)   Mobile homes, buildings, tents, or other structures temporarily maintained by an individual or company on the premises associated with the work project and used exclusively to house labor or other personnel occupied in such work project shall be exempt from the requirements of this chapter. Such mobile homes, buildings, tents, or other structures shall be removed within ten days from the completion of the work project.
   (C)   Building type and construction.
      (1)   No galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs) (except those specifically intended to have a non-corrosive designed finish such as corten steel), shall be permitted in any zoning district except in association with farming operations or industrial uses.
      (2)   Residential dwellings in the RSF and RMF Districts shall have a minimum roof pitch of 3:12, and each roof shall be shingled or feature approved materials. Residential dwelling structures in the RSF and RMF Districts shall have a minimum of 70% of the structure a minimum width of 22 feet. All residential dwelling structures in the RMF and RSF Districts shall be placed on permanent foundations of wood or concrete, which shall be completed prior to the installation of exterior finishes of the building and shall fit the structure placed on the foundation.
      (3)   Exterior building finishes shall consist of materials comparable in grade and quality to the following:
         (a)   Brick;
         (b)   Natural stone;
         (c)   Decorative concrete block;
         (d)   Cast in place concrete or pre-cast concrete panels;
         (e)   Wood;
         (f)   Curtain wall panels of steel, fiberglass, and aluminum provided such panels are factory fabricated and finished with a durable, non-fade surface and their fasteners are of a corrosion-resistant design;
         (g)   Glass curtain wall panels;
         (h)   Stucco; and
         (i)    Vinyl, aluminum, colored steel, no-maintenance type siding.
      (4)   All exterior finishes must be completed and completely enclosed within 12 months of exterior walls being installed on the property. This includes installing exterior building finishes, doors, and shingles.
      (5)   Tarp/polyvinyl structures are prohibited in all zoning districts within the city.
   (D)   Building height.
      (1)   In districts other than RSF or RMF, building heights in excess of those standards contained in the district provisions may be permitted through a conditional use permit, provided; that:
         (a)   The site is capable of accommodating the increased intensity of use;
         (b)   The use does not negatively impact traffic flow or capacity of surrounding public rights- of-way;
         (c)   For each additional story over three stories or for each additional ten feet above 40 feet, front and side yard setback requirements shall be increased by 5%;
         (d)   Applicants proposing structures constructed exclusively for or hosting tele communications equipment shall provide written verification of approval from the Federal Communications Commission and the Federal Aviation Administration to the extent required by those agencies; and
         (e)   The city shall require an applicant who proposes the construction of any structure with a height equal to or greater than 200 feet above ground level; or the alteration of any structure to a height which is equal to or greater than 200 feet above ground level to notify the State Department of Transportation Commissioner and the Federal Aviation Administration Administrator of said proposal at least 30 days prior to the City Council’s consideration of said request if notice is required by those agencies. Should notice be required by those agencies the applicant shall submit evidence to the city verifying the State Department of Transportation and the Federal Aviation Administration have been duly notified of said proposed structure prior to City Council approval.
      (2)   Building height limits established for districts shall not apply to the following providing said structures do not exceed 200 feet above ground level:
         (a)   Cooling towers;
         (b)   Elevator penthouses;
         (c)   Monuments; and
         (d)   Wind energy conversion system towers.
      (3)   Building height limits established for districts shall not apply to the following provided a conditional use permit is issued, in accordance with §§ 150.160 through 150.171.
         (a)   Belfries;
         (b)   Chimneys or flues;
         (c)   Church spires;
         (d)   Cupolas and domes which do not contain usable space;
         (e)   Parapet walls extending not more than three feet above the limiting height of the building;
         (f)   Poles, towers, and other structures for essential services;
         (g)   Necessary mechanical and electrical appurtenances; and
         (h)   Farming buildings.
   (E)   Yards.
      (1)   No lot, yard, or other open space shall be reduced in area or dimension so as to make such lot, yard, or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.
      (2)   The following shall not be considered as encroachments on yard setback requirements:
         (a)   Chimneys, flues, fire escapes, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided, they do not project more than three feet into a yard;
         (b)   Stoops that are less than 25 square feet and project less than four feet into the required yard setbacks shall not be considered encroachments on yard setback requirements;
         (c)   In rear yards, recreational and laundry drying equipment, arbors, and trellises, detached outdoor living rooms, and air conditioning or heating equipment, provided, they are at a distance of five feet from the rear lot line; and
         (d)   Additions to existing structures so long as the addition does not encroach any further into the existing setback.
      (3)   Where adjacent structures have front yard setbacks different from those required, the minimum front yard setback shall be the average setback of such adjacent structures. If only one adjacent lot is occupied by a structure, the minimum front yard shall be the average of the required setbacks and the setback of such adjacent structure. In no case shall the setback requirement exceed the minimum established for the respective zoning district.
      (4)   Through lots or lots in which a public right-of-way is located on two or more sides, the front yard setback requirements shall be provided on all street sides.
(Prior Code, § 518.040) (Ord. passed 10-8-2003; Ord. 2020-002, passed 8-5-2020; Ord. 2024-03, passed 4-3-2024) Penalty, see § 10.99

§ 150.134 OUTDOOR STORAGE.

   (A)   Outside storage, residential, commercial and industrial uses.
      (1)   All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:
         (a)   Clothes line pole and wire;
         (b)   Not more than three recreational vehicles and equipment of which not more than one can be a motor home;
         (c)   Construction and landscaping material currently being used on the premises;
         (d)   Parking of currently registered and operable passenger vehicles and trucks;
         (e)   Lawn furniture or furniture used and constructed explicitly for outdoor use; and
         (f)   Rear or side yard exterior storage of firewood for the purpose of consumption only by the person(s) on whose property it is stored.
      (2)   Except as allowed by district use provisions, outside storage of equipment, materials, and inventory as a principal or accessory use for commercial and industrial uses shall require a conditional use permit subject to the provisions of §§ 150.160 through 150.171 and all nonresidential outside storage shall conform to the following conditions:
         (a)   The area occupied is not within a required front or required side yard;
         (b)   The storage area is totally fenced, fully screened and landscaped according to a plan approved by the Planning Commission;
         (c)   If abutting a residential district or a residential use, screening and landscaping is provided according to a plan approved by the Zoning Administrator;
         (d)   The storage area is grassed or surfaced to control dust; and
         (e)   Any/all lighting shall be directed away from the public right-of-way and from neighboring residences.
(Prior Code, § 518.050) (Ord. passed 10-8-2003)

§ 150.135 FENCING, SCREENING, AND LANDSCAPING.

    Fences, retaining walls, and sound barriers shall not be constructed without a site permit.
   (A)   No fence shall exceed four feet in the front yard or six feet in the side and rear yard in height as measured from the average point between the highest and lowest grade, except security fencing which shall not exceed eight feet including barbed wire toppings.
   (B)   No fence, screen, shrub, or structure greater than two feet in height shall be located within 20 feet of any corner formed by the intersection of street or railroad rights-of-way as measured from the intersecting property lines.
   (C)   In all zoning districts, all usable open space as defined by this chapter shall be planted and maintained in grass, sodding, shrubs, or other suitable vegetation or treatment, unless devoted to drives, sidewalks or patios.
   (D)   All screening required by the provisions of this chapter shall consist of either:
      (1)   A green belt planting strip consisting of vegetative cover of sufficient width and density to provide an effective screen; or
      (2)   A fence constructed of masonry, brick, wood, or steel which is compatible with surrounding structures and buildings.
   (E)   Except as provided in this chapter, fences shall be set back at least three feet from the lot lines or, may be placed on the property line or closer to the property line upon mutual consent of the abutting property owner(s).
   (F)   The side of any fence considered to be its “face” (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way.
(Prior Code, § 518.060) (Ord. passed 10-8-2003; Ord. 2018-5, passed 11-14-2018) Penalty, see § 10.99

§ 150.136 MOVING OF BUILDINGS.

    Any building or structure which has been wholly or partially erected on any premises, located either within or outside of the city, shall not be moved to or placed upon any other premises in the city until a permit to use such building or structure has been approved by the city. Any such building shall conform to all the provisions of this chapter in the same manner as a new building or structure. Any such building to be used as a principal use shall not be moved in until a foundation and utilities for the principal use building have been installed.
(Prior Code, § 518.070) (Ord. passed 10-8-2003; Ord. 2018-5, passed 11-14-2018)

§ 150.137 VISION CLEARANCE AT CORNERS, CURB CUTS, AND RAILROAD CROSSINGS.

   No structure, vehicle, vegetation, fence, sign, building, or any obstacle or any portion thereof, shall be placed or retained in such a manner to constitute a traffic hazard or obstruct the vision clearance of corners, curb cuts, or railroad crossings.
(Prior Code, § 518.080) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.138 LIGHTING.

   Any lighting used to illuminate an off-street parking area, sign, or structure shall be arranged so as to deflect light away from any adjoining residential properties or uses from the public streets.
(Prior Code, § 518.090) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.139 NOISE.

   Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness, or intensity, except for noise from agricultural sources in the agricultural district generated by agricultural use shall be exempt.
(Prior Code, § 518.100) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.140 ODORS.

   Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter of such quantity as to be readily detectable at any point beyond the lot line of the site on which such use is located. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a site permit, except odors from agricultural sources.
(Prior Code, § 518.110) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.141 SATELLITE DISHES AND OTHER DISHES.

   (A)   Any satellite dishes hereafter erected shall conform to the provisions of this section and any other ordinance or regulation of the city.
   (B)   All dish antennas over one meter (39.4 inches) shall be prohibited from roof tops unless it is determined by the City Council that placement within side or rear yards is impractical.
   (C)   Satellite dishes and other dishes shall not be located in front yards.
   (D)   No satellite dish or other dish shall be located within ten feet of any rear lot or side lot line in any residential district.
   (E)   A limit of two such structures shall exist at any one time on any residential zoned and used lot or parcel except that satellite dishes exceeding one meter in width shall be limited to one per residential lot or parcel.
   (F)   The applicant shall be responsible for any required license by any federal, state, or local agency.
(Prior Code, § 518.120) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.142 RESIDENTIAL POOLS AND SPAS.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      RESIDENTIAL SWIMMING POOLS. Any constructed permanent pool which is intended for non-commercial use as a swimming pool by the owner’s family and their guests and which is over 24 inches in depth and has a surface area exceeding 200 square feet.
   (B)   Construction.
      (1)   Utility lines. Pools shall not be located beneath utility lines or over underground utility lines of any type.
      (2)   Setback. No person shall build, situate, or install a pool within ten feet of any side or rear lot line, nor within six feet of any principal structure nor within any required front yard.
      (3)   Portable fences. While being constructed, the pool must be fenced with a portable fence, such as snow fence, of not less than four feet in height.
   (C)   Fencing.
      (1)   Minimum height. All outdoor pools hereafter constructed shall be completely enclosed by a fence or wall of the non-climbing type so as to be impenetrable by toddlers, afford no external handholds and a minimum of four feet in height.
      (2)   Self-closing. All outdoor fence openings or outdoor points of entry into the pool area shall be equipped with self-closing and self-latching devices. The openings between the bottom of the fence and the ground or other surface shall not be more than three inches.
   (D)   Permits. No person shall construct, alter, or renovate a pool without a site permit.
(Prior Code, § 518.130) (Ord. passed 10-8-2003; Ord. 2018-5, passed 11-14-2018) Penalty, see § 10.99

§ 150.143 LAND RECLAMATION AND MINING.

   (A)   Land reclamation.
      (1)   Under this chapter, land reclamation is the reclaiming of land by depositing of materials so as to elevate the grade.
      (2)   All land reclamation shall be controlled under the provisions of this chapter, and shall meet the following standards:
         (a)   The smallest amount of bare ground is exposed for as short a time as feasible;
         (b)   Temporary ground cover is used and permanent ground cover, such as sod, is planted;
         (c)   Methods to prevent erosion and trap sediment are employed;
         (d)   Fill is stabilized to accepted engineering standards; and
         (e)   Final slopes for cut slopes should be a maximum of 1:1, or 100%; fill slope 3:1 or 30%; and grade or construction slope 5:1 or 20%.
   (B)   Mining. The extraction of sand, gravel, or other material from the land in the total amount of 100 cubic yards or more and removal thereof from the site without processing shall be defined as mining. In all districts, the conduct of mining shall not be permitted.
(Prior Code, § 518.140) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.144 ANTENNAS.

   The following standards shall apply to all cellular telephone, microwave, radio and television broadcast transmitting, radio and television receiving, satellite, and short-wave radio transmitting and receiving antenna.
   (A)   All obsolete and unused antennas shall be removed within 12 months of cessation of operation at the site.
   (B)   No advertising message shall be affixed to the antenna structure.
   (C)   No antenna shall exceed 150 feet in height.
   (D)   Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety.
   (E)   All antennas shall be located upon existing structures if possible (example: municipal water tower, existing antenna towers, and the like).
   (F)   If no existing structure which meets the height requirements for mounting the antenna is available, the antennas may be mounted upon a supporting pole or tower not exceeding 150 feet in height if:
      (1)   The property on which the tower or pole is proposed to be located is zoned for industrial uses;
      (2)   The proposed pole or tower shall be setback from the property line a minimum of 100 feet; and
      (3)   A conditional use permit shall be required.
(Prior Code, § 518.150) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.145 COMPLIANCE.

   All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors, and noise. The burden of proof for compliance of appropriate performance standards shall lie with the applicant.
(Prior Code, § 518.160) (Ord. passed 10-8-2003)

§ 150.146 CANNABIS BUSINESSES.

   (A)   Includes. Cultivation, delivery service, event, hemp, manufacturing, medical combination, mezzobusiness, microbusiness, testing facility, transport, retail, wholesale.
   (B)   Performance standards. Cannabis businesses shall be subject to all administrative and zoning requirements in the city code.
      (1)   Cannabis businesses are not considered an accessory use incidental to the primary use of the property.
      (2)   Cannabis businesses must comply with M.S. Ch. 342 and Minn. Rules Ch. 9810, as they may be amended from time to time. Where conflicts exists between this chapter and related statutes or rules, the standards contained in the statute and rule will apply.
      (3)   Outdoor display is prohibited. Outdoor display is an outdoor arrangement of objects, items, products or other materials typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product or service.
      (4)   Outdoor storage of goods and hazardous materials is prohibited. Outdoor storage of equipment may be allowed. Outdoor storage areas shall be limited to the rear or side yard locations and at no time shall storage equipment extend beyond the front building line of the principal structure. The storage area shall be fenced and adequately screened from adjacent land uses and public roadways.
      (5)   All parking areas, loading areas and access drives to parking and loading areas shall be durable and dustless.
      (6)   A transportation management plan shall be submitted to address off-street parking, loading and unloading, internal circulation, traffic control and the impact of the facility on surrounding roadways. The transportation management plan shall include estimates of the number and type of vehicles using the parcel daily and monthly, the times of day when the highest and lowest number of vehicles will be present and other information deemed relevant to assess potential transportation impacts.
      (7)   All loading and unloading facilities shall be located on the rear or side of the structure and be screened from view from all public roadways and adjacent residential uses.
      (8)   An operations plan addressing air quality, dust management, sound attenuation and vibration dampening shall be submitted for approval.
      (9)   An environmental management plan, including a water and sewer management plan to address the use of water and the treatment of waste on-site and a storm water and drainage plan shall be submitted to address the impact of the facility on the environment.
      (10)   A copy of the business’s standard operating procedure must be submitted in accordance with Minn. Rules pt. 9810.1000.
      (11)   Cannabis businesses shall meet the following setbacks as measured in a straight line from the door of the school or day care or if no dwelling the closest point of the property line of the parcel upon which the cannabis business is located, to the property line of the following uses: 175 feet of the door to the school; 175 feet of the door to the day care; 175 feet from an attraction within a public park that is regularly used by minors, including a public ground or athletic field.
      (12)   A waste disposal plan shall be submitted to address storage, handling, use and potential hazards according to Minn. Rules pt. 9810.1200. Solid waste shall be stored, collected, transported or disposed of in a manner which is in conformity with Meeker/Stearns County Solid Waste Ordinance.
      (13)   A security and lighting plan must be submitted in accordance with Minn. Rules pt. 9810.1500.
      (14)   A plan for proper ventilation and filtration for odor control must be submitted in accordance with Minn. Rules Ch. 9810.
      (15)   Retail sales are prohibited from 10:00 p.m. to 8:00 a.m. for businesses with a retail endorsement for retail cannabis, medical cannabis, and low-potency hemp products. Retail sales with consumption endorsement shall follow their liquor license hours.
      (16)   A cultivator must indicate in its cultivation plan whether it plans to cultivate indoors or outdoors. Cultivation plans must comply with Minn. Rules pt. 9810.200, subp. 3.
      (17)   An outdoor cultivation area must be securely surrounded by fencing and locked gates on the entire perimeter, to prevent access to the area by unauthorized persons set forth in Minn. Rules pt. 9810.1500, subp. 15.
      (18)   Cannabis events shall comply with Minn. Rules pt. 9810.2700. Delivery services and transport businesses are limited to a maximum of five vehicles.
      (19)   Microbusinesses and mezzobusinesses shall have a cultivation and manufacturing endorsement.
(Ord. 2024-09, passed 12-4-2024)

§ 150.160 PURPOSE.

   The purpose of this subchapter is to outline administration of this chapter and establish procedures for nonconformances, exceptions, variances, conditional use permits, and the duties of administrating officers and the Planning Commission.
(Prior Code, § 519.010) (Ord. passed 10-8-2003)

§ 150.161 APPLICATION.

   (A)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
   (B)   Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
   (C)   Except as specifically provided in this chapter, no structure shall be erected, converted, enlarged, reconstructed, or altered. No structure or land shall be used for any purpose or in any manner which is not in conformity with this chapter.
(Prior Code, § 519.020) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.162 EXISTING LOTS.

   A lot or parcel of land for which a deed, recorded contract for deed, or other legal conveyance has been executed prior to the effective date of this chapter shall be deemed a buildable lot, provided, it can meet the minimum setback requirements in the zoning district where it is located.
(Prior Code, § 519.030) (Ord. passed 10-8-2003)

§ 150.163 NONCONFORMANCE.

   (A)   Generally. Any structure or use existing upon the effective date of the adoption of this chapter and which does not conform to the provisions of the ordinance may be continued subject to the following conditions.
      (1)   No such nonconformity shall be expanded, reconstructed, or enlarged except in conformity with the provisions of this chapter.
      (2)   If the nonconformity or occupancy is discontinued for a period of 12 months, further use of the structures or property shall conform to this chapter.
      (3)   If a nonconforming structure is destroyed by any cause, to an extent exceeding 50% of its fair market value as indicated by the records of the County Assessor, and a site permit is not applied for within 180 days of the property damage, all subsequent use, occupancy, and structure on the site shall conform to this chapter.
      (4)   Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided, they will not increase the number of dwelling units or size or volume of the building. A nonconforming dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this chapter.
      (5)   Nonconforming single-family dwelling units and developed substandard single-family lots may be expanded to improve livability as a conditional use; provided, that the nonconformity is not increased.
      (6)   No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless such movement shall bring the nonconformance substantially closer to compliance with the requirements of this chapter.
      (7)   When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
      (8)   A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
      (9)   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
   (B)   Nonconforming lots of record.
      (1)   A single-family dwelling and customary accessory building, notwithstanding limitations imposed by other provisions of this chapter, may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. The provisions shall apply even though such lot fails to meet the zoning requirements for area or width, or both, that are generally applicable in the district, provided; that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
      (2)   If, in a group of two or more lots under the same ownership, any individual lot does not meet the area and width requirements of this chapter, the lot must not be considered as a separate parcel or land for the purpose of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the area and width requirements of this chapter.
      (3)   Variances of area, width, and yard requirements shall be obtained only in accordance with § 150.169(A).
   (C)   Nonconforming signs. Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a nonconforming use. Business signs on the premises of a nonconforming building or use may be continued, however, such signs shall not be increased in number, area, height, or illumination No sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter.
(Prior Code, § 519.040) (Ord. passed 10-8-2003) Penalty, see § 10.99

§ 150.164 ENFORCEMENT OFFICER.

   (A)   The governing body of the city shall appoint a Zoning Administrator whose term of office shall terminate at the pleasure of the governing body.
   (B)   The Zoning Administrator shall enforce this chapter and shall perform the following duties:
      (1)   Issue zoning, sewage, and other permits and make and maintain records thereof or appoint a person to otherwise do so;
      (2)   Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;
      (3)   Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and special uses, variances, appeals and applications therefor;
      (4)   Ensure that the appropriate documents are filed with the County Recorder or other appropriate official as required by law;
      (5)   Receive, file, and forward all applications for appeals, variances, special uses, or other matters to the designated official bodies;
      (6)   Institute, in the name of the city, any appropriate actions or proceedings against a violator as provided for;
      (7)   Serve as the Chairperson of the Planning Commission and Board of Adjustment;
      (8)    Be responsible for taking meeting minutes or appointing a person to otherwise do so; and
      (9)   Review and issue permits on all applications for accessory use structures and decks that are 250 square feet or under in size and for all fence applications.
(Prior Code, § 519.050) (Ord. passed 10-8-2003; Ord. 2018-5, passed 11-14-2018)

§ 150.165 BOARD OF ADJUSTMENT.

   (A)   The City Council shall, through the passing of this chapter, provide for the establishment of a Board of Adjustment. The Board of Adjustment shall consist of three members appointed by the City Council as follows: two members of the Planning Commission, one of which shall be the Chairperson; and one member selected by the City Council from its own membership. The Fire Chief shall be an ex-officio member of the Board of Adjustment. The members of the Board of Adjustment shall serve for a term of one year beginning January 1 and until their successors are appointed. The members of the Board of Adjustment may be paid their necessary expenses in attending the meetings of the Board and in the conduct of the business of the Board. The Zoning Administrator shall serve as chairperson.
   (B)   The Board of Adjustment shall adopt rules for the transaction of its business and such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the applicants. The Board shall provide a public record of its proceedings, which shall include the minutes of its meeting, its findings and the action taken on each matter heard by it, including the final recommendation. The meeting of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board in its rules of procedure may specify.
   (C)   A majority vote of two-thirds of the full Board of Adjustment shall be required to reverse any decision of the Zoning Administrator in the interpretation of this chapter. An appeal from the ruling of the Zoning Administrator of the city made by the property owner or his or her agent within 30 days after the making of the order appealed from shall be considered by the Board of Adjustment. The procedure for making such an appeal shall be as follows: the property owner or his or her agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. The Board of Adjustments shall make its recommendation by resolution within 30 days and a copy of the resolution shall be mailed to the applicant by the Zoning Administrator and provided to the City Council for review.
(Prior Code, § 519.060) (Ord. passed 10-8-2003)

§ 150.166 PLANNING COMMISSION.

   (A)   The City Council shall, through the passing of this chapter, provide for the establishment of a Planning Commission. The Planning Commission shall consist of five members. The Mayor and one member of the City Council shall serve as ex-officio members of the Planning Commission. The members of the City Council shall serve on the Planning Commission for their respective elected terms of office on the Council. The five members of the Planning Commission shall be citizens of the city who are appointed by the City Council. The term of the appointed members shall be five years. Every attempt shall be made to obtain a cross section of the city in appointing members to the Commission. Any vacancy during the unexpired term of an appointed member shall be filled by the City Council for the remainder of the term. Except as otherwise provided within this chapter, a quorum shall consist of a simple majority of the appointed members.
   (B)   The Planning Commission shall provide assistance to the City Council in the administration of this chapter, and the recommendation of the Planning Commission shall be advisory in nature. Specifically, the Planning Commission shall review, hold public hearings, and make recommendations to the City Council on all applications for zoning amendments, conditional use permits, and site permits, for new residential homes and commercial buildings and accessory structures larger than 250 square feet. The Officers of the Planning Commission shall be elected by the members of the Planning Commission at a regular meeting thereof in January of each year. The officers shall consist of a Chairperson and a Vice-Chairperson. The Chairperson shall preside at all meetings and hearings of the Planning Commission and shall have the duties normally conferred by parliamentary usage of such officers as well as any other duties specified within this chapter. The Vice-Chairperson shall act for the Chairperson in his or her absence. Vacancies in office of the officers of the Planning Commission shall be filled immediately by the same procedure.
   (C)   The Planning Commission may set such rules and procedures as are necessary for the orderly conduct of its business. Rules and procedures not otherwise adopted or not covered by applicable law shall be governed by the most recent edition of Robert’s Rules of Order, Newly Revised, as may be necessary for the proper conduct of the business of the Planning Commission.
   (D)   The members of the Planning Commission may receive such compensation for per diem and expenses as may be allowed by the City Council.
(Prior Code, § 519.070) (Ord. passed 10-8-2003; Ord. 2018-5, passed 11-14-2018; Ord. 05-2024, passed 8-7-2024)

§ 150.167 CITY COUNCIL.

   (A)   The City Council shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing the ordinance. Such appeal may be taken by any person, firm, or corporation aggrieved or by any officer, department, board, or bureau of a town, municipality, county, or state.
   (B)   The City Council may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. The Council shall make written findings of fact and keep appropriate minutes of its meetings. The reasons for the Council’s decisions may be stated. The decision of such Council shall be final, however, any person having an interest affected by such decision shall have the right to appeal to District Court in the county in which the land is located.
(Prior Code, § 519.080) (Ord. passed 10-8-2003)

§ 150.168 ZONING AMENDMENTS.

   (A)   Criteria for granting amendments. The City Council may adopt amendments to this chapter and the zoning map in relation to land uses within a particular district or to the location of the district lines. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Comprehensive Plan or changes in conditions in the city.
   (B)   Procedure.
      (1)   An amendment to the text of this chapter may be initiated by the City Council, the Planning Commission, or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the Council until it has received the Planning Commission’s recommendations. Individuals wishing to initiate an amendment to this chapter shall complete a zoning amendment application form and submit it to the Zoning Administrator.
      (2)   (a)   A public hearing on the rezoning application shall be held by the Planning Commission within 30 days after the request for the zoning amendment has been received.
         (b)   Legal notice concerning official action pursuant to this section shall be as follows:
            1.   A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
            2.   In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail.
      (3)   The City Council must take action on the application within 60 days following receipt of a complete application, unless the timeline has been extended or waived in accordance with M.S. § 15.99, as it may be amended from time to time. The person making the application shall be notified of the action taken. The amendment shall be effective upon majority vote of the Council, with the exception of an amendment changing all or part of the classification of a district from residential to either commercial or industrial, which shall be effective only if two-thirds of all members of the Council concur with its passage. The City Council shall maintain records of amendments to the text and zoning map of the ordinance.
      (4)   No application of a property owner for an amendment to the text of the ordinance or the zoning map shall be considered by the Planning Commission within the one year period following a denial of such request, except the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
      (5)   To defray administrative costs including map changes, publication expenses, and filing fees for the purpose of processing requests for an amendment to this chapter, the applicable fee shall be paid by the petitioner. The applicable fee for a zoning ordinance amendment shall be established by the City Council.
(Prior Code, § 519.090) (Ord. passed 10-8-2003)

§ 150.169 CONDITIONAL USE PERMITS.

   (A)   Criteria for granting conditional use permits.
      (1)   In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, and general welfare of occupants of surrounding lands.
      (2)   Among other things, the City Council may make the following findings where applicable:
         (a)   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
         (b)   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area;
         (c)   Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;
         (d)   Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
         (e)   Adequate measures have been or will be taken to provide or control offensive odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result;
         (f)   The developer shall submit a time schedule for completion of the project;
         (g)   The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use;
         (h)   The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use;
         (i)   The use is not in conflict with the Comprehensive Plan of the city;
         (j)   The use will not cause traffic hazard or congestion; and
         (k)   Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare, or general unsightliness.
   (B)   Additional conditions.
      (1)   In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area or the city as a whole.
      (2)   The conditions may include, but are not limited to, the following:
         (a)   Increasing the required lot size or yard dimension;
         (b)   Limiting the height, size, or location of the buildings;
         (c)   Controlling the location and number of vehicle access points;
         (d)   Increasing the street width;
         (e)   Increasing the number of required off-street parking spaces;
         (f)   Limiting the number, size, location, or lighting of signs;
         (g)   Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property;
         (h)   Designating sites for open space; and
         (i)   Providing the appropriate area for snow removal and snow storage.
   (C)   Procedures.
      (1)   Generally. The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form.
      (2)   Information requirement. The information required for all conditional use permits generally consists of the following items, and shall be submitted when requested by the city:
         (a)   Site development plan.
            1.   Location of all buildings on lots including both existing and proposed structures;
            2.   Location of all adjacent buildings located within 350 feet of the exterior boundaries of the property in question;
            3.   Location and number of existing and proposed parking spaces;
            4.   Vehicular circulation;
            5.   Architectural elevations (type and materials used in all external surfaces);
            6.   Location and type of all proposed lights; and
            7.   Curb cuts, driveways, number of parking spaces.
         (b)   Dimension plan.
            1.   Lot dimensions and area;
            2.   Dimensions of proposed and existing structures;
            3.   Typical floor plan and typical room plan;
            4.   Setbacks of all buildings located on property in question;
            5.   Proposed setbacks; and
            6.   Sanitary sewer and water plan with estimated use per day.
         (c)   Grading plan.
            1.   Existing contour;
            2.   Proposed grading elevations;
            3.   Drainage configuration;
            4.   Storm sewer catch basins and invert elevations;
            5.   Spot elevations; and
            6.   Proposed road profile.
         (d)   Landscape plan.
            1.   Location of all existing trees, type, diameter, and which trees will be removed;
            2.   Location, type, and diameter of all proposed plantings; and
            3.   Location and material used for all screening devices.
         (e)   Legal description. Legal description of property under consideration; and
         (f)   Proof of ownership. Proof of ownership of the land for which a conditional use permit is requested.
      (3)   The Zoning Administrator shall refer the application to the Planning Commission for review.
      (4)   (a)   The Planning Commission shall hold a public hearing on the proposal.
         (b)   The legal notice concerning official action pursuant to this section shall be as follows:
            1.   A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
            2.   In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail.
      (5)   The petitioner or his or her representative may appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
      (6)   The report of the Planning Commission shall be placed on the agenda of the City Council at its next regular meeting following referral from the Planning Commission, but not later than 60 days after the applicant has submitted a complete application.
      (7)   The City Council must take action on the application within 60 days after receipt of a complete application. The City Council, in its discretion, may hold an additional public hearing on the conditional use permit. The City Council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist or operate.
   (D)   Re-application. No application for a conditional use permit shall be resubmitted for a period of six months from the date of said order of denial.
   (E)   Periodic review. If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten days prior to the review. It shall be the responsibility of the Zoning Administrator to schedule such public hearings, and the owner of land having a conditional use permit shall not be required to pay a fee for said review. A public hearing for annual review of conditional use permits may be granted at the discretion of the City Council.
   (F)   Compliance. In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.
   (G)   Expiration. Conditional use permits shall expire upon the change of ownership of a parcel or if they have not been initiated within one year of date of issuance.
   (H)   Records. A record and appropriate minutes shall be prepared by the Planning Commission from the public hearing on the conditional use permit application. Specific findings of fact shall be made in addition to the recommendations of the Planning Commission.
   (I)   Fees. To defray administrative costs for processing a conditional use permit, the applicable fee shall be paid by the applicant. The applicable fee shall be set by the City Council.
(Prior Code, § 519.100) (Ord. passed 10-8-2003)

§ 150.170 VARIANCES.

   (A)   Criteria for granting variances.
      (1)   A variance to the provision of this chapter may be issued to provide relief to the landowner in those zones where the ordinance imposes practical difficulties to the property owner in the use of his or her land. No use variances may be issued.
      (2)   A variance may be granted only in the event that the following circumstances exist:
         (a)   Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this chapter have had no control;
         (b)   The literal interpretation of the provisions of this chapter would deprive the applicant of reasonable use of the property commonly enjoyed by other properties in the same district under the terms of this chapter;
         (c)   The special conditions or circumstances do not result from the actions of the applicant;
         (d)   Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district;
         (e)   The variance requested is the minimum variance which would alleviate the practical difficulty;
         (f)   The variance would not be materially detrimental to the purposes of this chapter, or to property in the same zone; and
         (g)   The variance will not alter the essential character of the neighborhood.
      (3)   Economic conditions alone shall not be considered a practical difficulty.
   (B)   Procedure.
      (1)   The person applying for a variance shall fill out and submit to the Zoning Administrator a variance request form containing the following information:
         (a)   Description of the site (legal and address);
         (b)   Site plan showing parcel and building dimensions;
         (c)   Location of all buildings and their square footage measurements;
         (d)   Curb cuts, driveways, sidewalks, parking spaces, and off-street loading areas;
         (e)   Landscape and screening plans;
         (f)   Water, sanitary sewer, and stormwater plans; and
         (g)   Any additional information reasonably requested by the Zoning Administrator or Board of Adjustment.
      (2)   The Zoning Administrator shall refer the application to the Board of Adjustment for review.
      (3)   (a)   The Board of Adjustment shall hold a public hearing on the proposal.
         (b)   Legal notice concerning official action pursuant to this section shall be as follows:
            1.   A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
            2.   In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail.
      (4)   The petitioner or his or her representative shall appear before the Board of Adjustment in order to answer questions concerning the proposed variance.
      (5)   The Board of Adjustment shall make findings of fact and recommend approval or denial of the request. The Board’s recommendation shall be presented to the City Council.
      (6)   Upon receiving a recommendation from the Board of Adjustment, the City Clerk/Treasurer or Zoning Administrator shall place the recommendation on the agenda for the next regular City Council meeting. Such recommendations shall be made a part of the permanent written record of the City Council meeting.
      (7)   The City Council shall review the application and may at its option conduct a public hearing on the request.
      (8)   The Council shall make finding of fact and approve or deny a request for variance within 60 days after receipt of the complete application.
      (9)   A variance of this chapter shall require a four-fifths vote of the Council.
      (10)   If it grants the variance, the Council may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare and such conditions may include a time limit for the use to exist or operate.
   (C)   Lapse of variance. Variance permits shall expire if they have not been implemented within one year after the date of issuance.
   (D)   Variance. No variance shall be granted which would allow any use that is prohibited in the zoning district in which the subject property is located.
   (E)   Fees. To defray the administrative costs of processing requests for variances, the applicable fee shall be paid by the applicant. The applicable fee is in addition to the regular zoning permit. Fees for site permits and variance applications shall be established by the City Council.
(Prior Code, § 519.110) (Ord. passed 10-8-2003)

§ 150.171 SITE PERMITS.

   For the purposes of enforcing this chapter, a zoning permit shall be required of all persons intending to erect, expand, change the usage of, or move any building.
   (A)   Persons requesting a zoning permit or building permit shall fill out a zoning permit form available from the Zoning Administrator or City Clerk/Treasurer. A site plan must be submitted by the applicant. Such site plan shall show the proposed location and arrangement of the building or buildings on the site, the parking spaces required, proposed exterior materials, proposed landscaping, all special requirements such as fencing, drainage, proposed lighting, methods of ingress and egress, trash enclosures, and whatever other information that the Zoning Administrator or Planning Commission may from time to time require. No building permit shall be approved unless said site plan conforms to the conditions listed within this chapter and the use is consistent with the district.
   (B)   If the proposed development involves a zoning amendment, variance, or conditional use permit, the application, together with a zoning permit, shall be submitted either to the Planning Commission or the Board of Adjustment for review and appropriate action according to the procedures set forth in this chapter.
   (C)   In such cases where fences are being erected or structures are being constructed, altered, or enlarged within questionable distances of the applicable setbacks in districts, the City Planning Commission may require the applicant (at the applicant’s expense) to have the lot surveyed and staked in order to ensure compliance with the regulations established by the city.
   (D)   Zoning permits shall expire one year after the date of issuance. All exterior construction and landscaping must be completed within one year after the date of issuance except permanent surfacing of private driveways must be completed within five years from the date of the initial permit issuance. A phased zoning permit may be issued to an applicant that requires completion of the foundation of a structure fire, prior to any additional authorizations or permits for the completion of a structure to be placed above the foundation.
   (E)   The City Council shall set the fees from time to time for all zoning permits, sewer permits, variance applications, conditional use applications, pumping permits, installer’s permits, zoning change applications, mobile home park applications, and subdivision plats.
(Prior Code, § 519.120) (Ord. passed 10-8-2003; Ord. 2024-03, passed 4-3-2024)