1. Scope. From and after August 5, 1971, the effective date of this chapter and any subsequent amendments, the use of all land and every building and the erection or structural alteration of any building or portion of a building in the city shall be in conformity with the provisions of this chapter. Any structure or use lawfully existing at the passage of this chapter, but not in conformity with the regulations of the appropriate zoning district may be continued subject to the regulations of § 152.47.
2. Interpretation. The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, or city code provision, or regulation, this chapter shall apply. Where the provisions of any statute, city code provision or regulation impose greater restrictions than this chapter, such restrictions shall apply.

(Ord. 2008-05, passed 8-5-1971)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; the word “building” shall include the word “structure;” the word “lot” shall include the word “plot;” and the word “shall” is mandatory and not discretionary.

ACCESSORY DWELLING UNIT. A dwelling unit that is located on the same lot as a principal one-family dwelling to which it is accessory, and that is smaller in area to the principal dwelling. The two types of ACCESSORY DWELLING UNITS include:

1. ATTACHED/INTERNAL. An accessory dwelling unit located within the walls of an existing or newly constructed residential building or garage building, which may include a basement unit, upper floor unit, or an addition to the principal dwelling specifically for the ADU; and
2. DETACHED. An accessory dwelling unit that is located as a freestanding building on the same lot as the principal residential building, which may include a detached house, tiny house, or a unit incorporated into a detached garage.

ALLEY. A public or private right-of-way less than 30 feet in width which affords secondary means of access to abutting property.

APARTMENT. A room or suite of rooms designed for, intended for or used as a residence for one family or individual and equipped with cooking facilities.

ARTS AND CULTURAL USES. Establishments where the intellectual and artistic manifestations of society are documented, created or displayed, such as museums, art galleries and studios, gardens or any other historic or educational purpose.

AUTO-ORIENTED SERVICES. Any commercial entity designed to serve primarily automobile traffic, such as gas stations, auto repair, carwash, businesses with drive-through windows.

BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage or boundary line of the corporate limits of the city.

BOARDING HOUSE. Any dwelling other than a hotel or motel where meals or lodging and meals for compensation are provided for five or more persons pursuant to previous arrangements.

BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattel or property of any kind; and when separated by bearing walls without openings, each portion of such building so separated shall be deemed a separate building.

BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of the principal building on the same lot.

BUILDING HEIGHT. The vertical distance from the average of the lowest and the highest point of that portion of the lot covered by the building to the highest point of the roof, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

COTTAGE COURTYARD DEVELOPMENT. Cluster of one-family principal dwellings (three to ten units), in the form of smaller detached houses, arranged around a shared courtyard or open space that is typically perpendicular to the street. The shared courtyard takes the place of individual rear yards and becomes an important community-enhancing element of this housing type. COTTAGE COURTYARD HOUSING may consist of site-built houses, manufactured and modular houses, or tiny houses.

DWELLING, ATTACHED ROWHOUSE OR TOWNHOUSE. An attached residential building designed for or used exclusively for two to eight dwelling units per building, which are attached horizontally by at least one common wall extending from the foundation to the roof, located on individual lots, and provide separate entrances from the outside for each unit.

DWELLING, LARGE APARTMENT. A larger scale multi-unit residential building that consists of seven or more side-by-side or stacked apartment units on one lot and typically with one shared building entry. This housing type is generally larger-scale in terms of street frontage, wider and deeper than a typical detached single-family house and lot.

DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, ONE-FAMILY. A detached dwelling unit, designed for and occupied by one family only, including a manufactured and modular house construction types and a tiny house.

DWELLING, SMALL APARTMENT. A smaller scale multi-unit residential building that consists of three to six side-by-side or stacked apartment units on one lot and typically with one shared building entry. This housing type has the general scale and appearance of a large-sized house and can fit on a typical detached single-family lot.

DWELLING, TINY HOUSE. A small detached one-family dwelling that has a total floor area of 400 square feet or less, excluding lofts and porches, which is placed on a permanent foundation and complies with the State Building Code.

DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

FAMILY. Any number of individuals living together on the premises as a single non-profit housekeeping unit as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, including basements and attached accessory buildings.

GARAGE, PRIVATE. An accessory building for storage of self-propelled vehicles and tools and equipment maintained as incidental to the principal use of the premises.

GARAGE, PUBLIC. Any premises, except those defined as a private garage, used for the storage or care of self-propelled vehicles and/or where any such vehicles are equipped for operation, repair or are kept for remuneration, hire or sale.

HOME OCCUPATION. Any use customarily conducted entirely within a dwelling or accessory building and carried on by members of a family residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Clinics, hospitals, lodging, mortuaries, motor vehicle repairing for hire, welding, animal hospitals and the maintenance of animals, except as provided in § 152.04(B) through (F), shall not be deemed to be HOME OCCUPATIONS.

HOTEL. Lodging facilities consisting of more than ten lodging units.

JUNK YARD. Land or buildings 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 resulting from the wrecking of automobiles or other machinery.

LOADING AREA. Any area where trucks are parked, maneuvered or loaded or unloaded of materials or equipment.

LODGING. A building, structure, enclosure or any part thereof used as, maintained as, advertised as, or held out to be rented, leased or sold to the public for sleeping accommodations for periods of less than 30 continuous days.

LOT. One unit of a recorded plot or subdivision, which unit has frontage on a public street and is occupied, or to be occupied, by a building and its accessory buildings, and including as a minimum, such open spaces as are required under this chapter.

LOT AREA. The land area within the lot lines.

LOT, CORNER. A lot situated at the intersection of two or more streets.

LOT COVERAGE. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal structure and its accessory structures.

LOT DEPTH. The average distance between the front and rear lot line (the greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width).

LOT, DOUBLE FRONTAGE. An interior lot having frontage on two streets.

LOT, INTERIOR. A lot other than a corner lot.

LOT WIDTH. The horizontal straight line distance between the side lot lines at the setback line.

MANUFACTURED HOME. A one-family dwelling designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, located on permanent foundations, connected to utilities and the like, and in conformance with M.S. § 327.31, Subd. 6, as it may be amended from time to time, or amendments thereto. A travel trailer, camper or motor home is not to be considered as a MANUFACTURED HOME. (Derivation: Council action July 28, 1982)

MANUFACTURED HOME BUILDING CODE. For manufactured homes manufactured after July 1, 1972, and prior to June 15, 1976, the standards code promulgated by the American National Standards Institute and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, or the provisions of the National Fire Protection Association and identified as NFPA 501B, and further revisions adopted by the commissioner of labor and industry. MANUFACTURED HOME BUILDING CODE means, for manufactured homes constructed after June 14, 1976, the manufactured home construction and safety standards promulgated by the United States Department of Housing and Urban Development which are in effect at the time of the manufactured home’s manufacture.

MARINA. A facility for water based activities related to the storing, servicing, fueling, berthing and securing of pleasure boats.

MODULAR HOME. A one-family dwelling not built on-site, but which is constructed in accordance with applicable standards adopted in Minn. Rules Chapter 1360 or 1361, and attached to a foundation designed to the State Building Code.

PERSONS. Any individual, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or similar representative thereof.

PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other use as allowed under this chapter.

RETAIL. Establishments primarily engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. RETAIL may also include manufacturing of goods to be sold on- or off-site so long as retail sales remain the primary component of the commercial activity.

RETAIL BUSINESS. A commercial enterprise primarily engaged in the sale of goods or materials directly to the consumer as opposed to a wholesaler or supplier. Customers of a RETAIL BUSINESS carry the goods or materials from the building or have them delivered locally.

SERVICES. Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government and other enterprises, personal, business, repair and amusement services; health, legal, engineering and other professional services; educational services, membership organizations and other miscellaneous services.

SETBACK. The shortest horizontal distance between the lot line and the foundation wall of a building or the allowable building line as defined by the yard regulations of this chapter.

SIGN. A name, identification, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, purpose, institution or business.

SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such a sign is located.

SIGN, BUSINESS. A sign which directs attention to a business or profession or a commodity, service or entertainment sold or offered upon the premises where such a sign is located.

SIGN, FLASHING. Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.

SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.

SIGN, NAMEPLATE. Any sign which states the name or address or both of the business or occupancy of the lot where the sign is placed.

SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.

SIGN, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-face of V-type sign structure shall be used in computing total SURFACE AREA.

STORY. The portion of the building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.

STORY, HALF. A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

STREET LINE. The right-of-way line of a street.

STRUCTURAL ALTERATION. Any change or addition to the supporting members of a building such as bearing walls, columns, beams or girders.

STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.

SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than two and one-half acres in area and 150 feet in width, for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land. The term includes RESUBDIVISION, and, where it is appropriate to the context, relates either to the process of SUBDIVISION or to the land subdivided.

USE. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.

USE, ACCESSORY. A use clearly incidental or accessory to the principal use of a lot or building located on the same lot as the accessory use, but not including commercial uses in the R-1 or R-2 Zones.

USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.

VARIANCE. A modification or variation of the provisions of this chapter, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a VARIANCE.

YARD. A space on the same lot with a building open and unobstructed from the ground to the sky, except for fences five feet or less in height, and trees and shrubs.

YARD, FRONT. A yard extending across the front of the lot between the side yard lines and lying between the centerline of the road or highway and the nearest line of the building.

YARD, REAR. An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. In the case of a corner lot, there is no REAR YARD.

YARD, SIDE. An open, unoccupied space on the lot with a building between the building and the side line of the lot.

(Ord. 2007-02, passed - -; Ord. 2008-05, passed 8-5-1971; Ord. 2014-01, passed 1-29-2014; Ord. 2016-02, passed 3-30-2016; Ord. 2016-04, passed 12-28-2016; Ord. 2017-01, passed 1-26-2017; Ord. 2020-02, passed 12-30-2020)

1. Establishment of districts. For the purpose of this chapter, the city is divided into the following districts:
   1. Residential Districts:
      1. R-1 Residential District; and
      2. RCN Resort/Commercial Neighborhood.
   2. Downtown Districts:
      1. DW Core Downtown Waterfront District;
      2. H61 Highway 61 Corridor District;
      3. MU Commercial-Residential Mixed Use District;
      4. C/I Service Commercial - Industrial District;
      5. COM Communications District;
      6. PR Protected Resources;
      7. PARK Public Parkland;
      8. RC Recreation/Commercial;
      9. SC Community Services; and
      10. BDA Business Development Area.
2. Zoning map. The boundaries of the districts established by this chapter are delineated on the zoning map; said map and all notations, references and data shown thereon are hereby adopted and made part of this chapter and will be on permanent file, and for public inspection, at the City Hall. It shall be the responsibility of the Zoning Administrator and staff to maintain said map, and amendments thereto shall be recorded thereon within 30 days after official publication of amendments.
3. District boundaries. The boundaries between districts are, unless otherwise indicated, either the centerline of streets, or alleys, or such lines extended or lines parallel or perpendicular thereto. Where figures are shown on the zoning map between a street and a district boundary line, they indicate the district boundary line runs parallel to the street at a distance there from equivalent to the number of feet stated unless otherwise indicated.

(Ord. 2008-05, passed 8-5-1971; Ord. 2020-02, passed 12-30-2020)

1. Purpose. The R-1 Residential District is intended to provide a healthy, safe and attractive residential environment, protect property values and the environment and offer a variety of housing types that meet people’s lifecycle and affordability needs, both year-round and seasonal.
2. Permitted principal uses. Within an R-1 District, unless otherwise provided by this chapter, no uses are permitted except the following:
   1. One-family dwellings, including manufactured and modular house construction types;
   2. Two-family dwelling;
   3. Parks and recreational areas owned or operated by governmental agencies;
   4. Public elementary or high schools, or private schools with an equivalent curriculum; and
   5. Churches, parish homes, convents, children’s nurseries and schools.
3. Principal uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. Small apartment dwelling;
   2. Large apartment dwelling;
   3. Attached rowhouse or townhouse dwelling;
   4. Cottage courtyard development;
   5. Manufactured home park developments, subject to the use specific standards as established in § 152.15(E);
   6. Planned unit developments.
4. Permitted accessory uses.
   1. Accessory building; and
   2. Accessory dwelling unit.
5. Conditional accessory uses. Home occupation.
6. Height, yard setbacks, lot area and coverage requirements.
   1. R-1 lot dimension standards shall be as established in § 152.06.
   2. R-1 building and yard dimension standards are established as follows.
      1. Building height: maximum of 35 feet, with the following exceptions: cottage courtyard development structures: 20 feet.
      2. Front yard setback: minimum of 25 feet.
      3. Side yard setback: minimum of eight feet, with the following exceptions:
         1. Attached rowhouse or townhouse dwellings: zero between dwellings and ten-foot minimum on each side of the attached residential building; and
         2. Small and large apartment dwellings: minimum of ten feet.
      4. Rear yard setback: minimum of 25 feet.
      5. Corner yard setback: minimum of 25 feet, or if two or more lots on the same block face have dwellings, the minimum setback shall be the setback of the dwelling closest to the street.
      6. Setback from abutting residential property: minimum of 50 feet for churches, parish homes, convents, children’s nurseries and schools.
7. General requirements. Additional regulations applicable in the R-1 District are set forth in §§ 152.30 through 152.53.

(Ord. 2008-05, passed 8-5-1971; Ord. 2016-02, passed 3-30-2016; Ord. 2020-02, passed 12-30-2020)

1. Purpose.
   1. The RCN District is intended to provide for a broad variety of housing types, low intensity commercial, and governmental uses. It is further specifically intended that the district’s internal development be of a residential scale and appearance complimentary with the surrounding residential area.
   2. The purpose and intent of the resort/commercial neighborhood district is to permit the designation of suitable locations for small scale low intensity resort/commercial facilities within or adjacent to areas or neighborhoods which are essentially residential in nature.
2. Permitted principal uses. Within an RCN District, unless otherwise provided by this chapter, no uses are permitted except the following:
   1. One-family dwellings;
   2. Two-family dwelling; and
   3. Parks and recreational areas owned or operated by governmental agencies.
3. Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. Lodging;
   2. Bed and breakfast homes;
   3. Small apartment dwelling;
   4. Large apartment dwelling;
   5. Attached rowhouse or townhouse dwelling;
   6. Cottage courtyard development;
   7. Manufactured home park development, subject to the regulations as established in § 152.15;
   8. Government building;
   9. Self-service laundromats;
   10. Planned unit developments; and
   11. Churches, parish homes, convents, children’s nurseries and schools.
4. Permitted accessory uses.
   1. Accessory building; and
   2. Accessory dwelling unit.
5. Conditional accessory uses. Home occupation.
6. Height, yard setbacks and lot area and coverage requirements.
   1. RCN lot dimension standards shall be as established in § 152.06.
   2. RCN building and yard dimension standards are established as follows.
      1. Building height: maximum of 35 feet, with the following exceptions: cottage courtyard development structures: 20 feet.
      2. Front yard setback: minimum of 25 feet.
      3. Side yard setback: minimum of eight feet, with the following exceptions:
         1. Attached rowhouse or townhouse dwellings: zero between dwellings and ten-foot minimum on each side of the attached residential building.
         2. Small and large apartment dwellings: minimum of ten feet.
      4. Rear yard setback: minimum of 25 feet.
      5. Corner yard setback: minimum of 25 feet, or if two or more lots on the same block face have dwellings, the minimum setback shall be the setback of the dwelling closest to the street.
      6. Setback from abutting residential property: minimum of 50 feet for government buildings, churches, parish homes, convents, children’s nurseries and schools.
7. General regulation. Additional regulations applicable in the RCN District are set forth in § 152.15.

(Ord. 2008-05, passed 8-5-1971; Ord. 2020-02, passed 12-30-2020)

(Ord. 2020-02, passed 12-30-2020)

1. DW Core Downtown Waterfront District.
   1. Purpose. The Core Downtown Waterfront district is intended to promote a mix of shops, restaurants and professional services that serve both the year round and seasonal or visitor populations. The emphasis in this district is on commercial services as a primary function, where residential uses can fit as a secondary function and can add to the liveliness and viability of the downtown. There is an emphasis on creating an attractive pedestrian environment that makes the Core Downtown and Waterfront of the city a destination in and of itself. New uses in this district should not detract from other existing uses.
   2. Permitted principal uses. Within the DW District, unless otherwise provided by this chapter, no uses are permitted except the following permitted uses:
      1. Commercial: retail, restaurant, bar, services, excluding auto oriented services;
      2. Lodging (Except the 1st floor);
      3. Government and civic uses;
      4. Parks and recreational uses;
      5. Arts and cultural uses; and
      6. Accessory uses customary to permitted uses.
   3. Uses by conditional use permit. Buildings and land may be used for the following if granted a conditional use permit as provided in § 152.48. Conditional uses:
      1. Residential above the first floor;
      2. Three-story buildings;
      3. Structures over 10,000 square feet;
      4. Improvements to and restoration of existing dwellings as regulated in § 152.04;
      5. Any water dependent industrial or water dependent transportation use; provided that the Planning Commission finds that the proposed use is advantageously served in this location through the direct access to water transportation for receipt or shipment of supplies, goods or commodities;
      6. Docks, wharfs and other facilities used in connection with water transportation, navigation or industrial uses; and
      7. Lodging on the first floor.
   4. Heights, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirements shall be those stated in § 152.16.
   5. Additional regulations.
      1. Lighting (glare) shall be directed away from public rights-of-way and residential districts.
      2. An awning, canopy or marquee suspended from a building may extend over the public right-of-way ten feet, but not within two feet of the curb line. Such structures shall be of a height not less than eight feet from the sidewalk or ground grade line, and the owner of such structure shall be responsible for its structural safety.
      3. All uses within the DW District shall be subject to the performance standards as stated in § 152.08(E) in the C/I District and § 152.08(F).
      4. All residential uses in the DW Zone must provide one off-street parking space per unit located within 150 feet of the property.
   6. General regulations. Additional regulations applicable to the DW District are set forth in §§ 152.30 through 152.45.
   7. Design guidelines.
      1. The objective of the design guidelines is to convey desirable elements the community would like to see reinforced in building design. They are not intended to be prescriptive or limit the creativity of the developer but to maintain the current scale and character of the downtown while allowing the downtown to evolve with its eclectic mix of buildings. The guidelines are further intended to enhance the pedestrian experience with a continuous active streetscape and to provide for public views of the harbor and waterfront.
      2. The following design guidelines are required for all properties on the following streets: Wisconsin Street, First Avenue south of Highway 61 and Broadway between First Street and Artist Point. The guidelines will apply as a standard for the Design Overlay District and for development requiring a conditional use permit and will be reviewed by the Planning Commission. The guidelines are advisory for the remainder of the Core Downtown Waterfront District.
      3. Buildings must have a clearly defined base, middle and top.
      4. Building facades should be organized vertically.
      5. A building more than 50 feet in width should be divided into increments of no more than 48 feet through articulation of the facade. This could be achieved through the combinations of the following techniques:
         1. Divisions or breaks in materials;
         2. Window bays;
         3. Separate entrances and entry treatments; and
         4. Use of architectural details such as parapets.
      6. A minimum of 30% of the ground level facade up to nine feet above grade shall be transparent (windows and doors). Reflective or glass tinted more than 40% is not allowed. This standard should be applied to newly constructed buildings or where there is a substantial modification and encouraged for all other buildings. This standard applies only to the primary frontage for corner lots. The second frontage for corner lots may substitute other tools to indicate pedestrian orientation. (A SUBSTANTIAL MODIFICATION would be an alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new.)
      7. The color of buildings should complement the adjacent buildings’ colors and include a complementary mix of colors.
      8. Roof lines for new buildings should complement neighboring properties.
      9. Buildings should have front setbacks of zero feet.
2. H61 Highway 61 Corridor District.
   1. Purpose. The Highway 61 Corridor District is intended to promote a mix of retail, restaurants and services that serve both the year round and seasonal or visitor populations. Automobile oriented services can be located in this district. Commercial, restaurant and lodging services are the district’s primary function. Residential uses can fit as a secondary function where it does not conflict with the primary use. The district is intended to be an aesthetically-pleasing entryway into the city and as pedestrian-friendly and safe as possible. It is intended that the barrier that Highway 61 forms to other parts of the city be minimized as much as possible.
   2. Permitted principal uses. Within the H61 District, unless otherwise provided by this chapter, no uses are permitted, except the following permitted uses:
      1. Commercial: retail, auto oriented services (e.g., gas stations, auto repair, carwash, businesses with drive through windows) restaurant, bar, services;
      2. Lodging;
      3. Residential use above the first floor;
      4. Arts and cultural uses;
      5. Government and civic uses; and
      6. Park and recreational uses.
   3. Uses by conditional use permit. Buildings and land may be used for the following if granted a conditional use permit as provided in § 152.48:
      1. Three-story buildings;
      2. Building height of 35 feet when no significant additional impact to views and improved design; and
      3. Structures with no commercial use on the first floor (including single-family residential).
   4. Heights, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirements shall be those stated in § 152.15.
   5. Additional regulations.
      1. Lighting (glare) shall be directed away from public rights-of-way and residential districts.
      2. An awning, canopy or marquee suspended from a building may extend over the public right-of-way ten feet, but not within two feet of the curb line. Such structures shall be of a height not less than eight feet from the sidewalk or ground grade line, and the owner of such structure shall be responsible for its structural safety.
      3. All uses within the H61 District shall be subject to the Performance Standards as stated in § 152.08(E) in the C/I District and § 152.08(F).
      4. All residential uses in the H61 zone must provide one off-street parking space per unit located within 150 feet of the property.
   6. General regulations. Additional regulations applicable to the H-61 District are set forth in §§ 152.30 through 152.45.
3. MU Commercial-Residential Mixed Use District.
   1. Purpose. The Commercial-Residential Mixed Use District can be characterized as a transition zone from the downtown and Highway 61 commercial areas to the residential parts of the city, and an expansion area for the downtown commercial uses. The MU district is intended to promote the current character of a neighborhood that includes a mix of residential, lodging, professional and small scale retail uses that are compatible with this character. Site design standards for new development, re-development and expansion should reflect the mixed use character and reflect the current lot coverage and setback characteristics found within the concept area.
   2. Permitted principal uses. Within the MU District, unless otherwise provided by this chapter, no uses are permitted except the following permitted uses:
      1. One-family dwelling;
      2. Two-family dwelling;
      3. Small apartment dwelling (three to four units);
      4. Services, excluding auto oriented services;
      5. Arts and cultural uses;
      6. Retail; and
      7. Bed and breakfasts (subject to regulations in § 152.15(A).
   3. Uses by conditional use permit. Buildings and land may be used for the following if granted a conditional use permit as provided in § 152.48:
      1. Small scale lodging (ten units or less);
      2. Small apartment dwelling unit (five to six units);
      3. Large apartment dwelling;
      4. Attached rowhouse or townhouse dwelling;
      5. Cottage courtyard development;
      6. Building height of 35 feet when no significant impact to views and improved design; and
      7. Deviation from rear and side-yard setbacks may be allowed after evaluating impacts on public safety, neighboring properties, parking and a storm water management plan is put in place.
   4. Heights, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirements shall be those stated in § 152.16.
   5. Additional regulations.
      1. Lighting (glare) shall be directed away from public rights-of-way and residential districts.
      2. An awning, canopy or marquee suspended from a building may extend over the public right-of-way ten feet, but not within two feet of the curb line. Such structures shall be of a height not less than eight feet from the sidewalk or ground grade line, and the owner of such structure shall be responsible for its structural safety.
      3. All uses within the MU District shall be subject to the performance standards as stated in § 152.08(E) in the C/I District and § 152.08(F).
      4. All residential uses in the MU Zone must provide one off-street parking space per unit located within 150 feet of the property.
   6. General regulations. Additional regulations applicable to the MU District are set forth in §§ 152.30 through 152.45.

(Ord. 2008-05, passed 8-5-1971; Ord. 2016-02, passed 3-30-2016; Ord. 2018-03, passed - -; Ord. 2020-02, passed 12-30-2020)

1. Purpose. The HMU Highway Mixed Use District is intended to provide areas for a broad mix of uses suitable for a highway corridor outside of the core downtown, including auto-oriented commercial, service, light industrial, warehousing, lodging, and higher density residential uses. The uses and/or scale of development in this district will generally require or benefit from direct highway access and will be designed to provide a buffer area for adjacent development that is a different use and/or scale.
2. Permitted principal uses. Within a C/I District, unless otherwise provided by this chapter, no uses are permitted except for the following:
   1. Automobile dealers, new or used car lots, boat, trailer and mobile home display lots and structures;
   2. Lodging and automobile trailer camps;
   3. Retail businesses with a building floor area not exceeding 5,000 gross square feet;
   4. Services;
   5. Service stations and repair garages for motor vehicles;
   6. Taverns and restaurants, to include drive-in type facilities;
   7. Truck and machinery sales and service;
   8. Laundry and dry cleaning processing centers;
   9. Enclosed storage structures;
   10. Cottage courtyard development;
   11. Attached rowhouse or townhouse dwelling;
   12. Small apartment dwelling; and Large apartment dwelling.
3. Principal uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. Improvements to existing dwellings as regulated in § 152.04;
   2. Light manufacturing and processing operations, excluding sawmill operations;
   3. One-family dwellings; and
   4. Enclosed warehousing structures.
4. Permitted accessory uses.
   
   1. Accessory uses customary to permitted uses.
      
5. Heights, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirements shall be those stated in § 152.16.
   1. The height, yard setbacks, and lot coverage requirements shall be those stated in § 152.16.
      
   2. The lot area and width requirements shall be those stated in § 152.16 with the following exceptions:
6. Performance standards. In order to ensure compliance with the performance standards set forth below, the Council may require the owner or operator of any permitted industrial use to have made such investigations or tests as may be required to show adherence to the performance standards. Such investigation or tests as are required shall be carried out by an independent testing organization selected by the city. Such investigations or testing shall be ordered by the owner or operator. The cost of same shall be shared equally by the owner or operator and the city, unless the investigation or tests disclose non-compliance with the performance standards, in which situation the entire cost shall be paid by the owner or operator.
   
7. Regulations on screening, landscaping, lighting, storage and outdoor displays.
   
   1. Screening from adjacent residential districts and existing residential uses within the HMU district. All principal and accessory non-residential uses, except business signs, which are situated within 50 feet of a residential district or abut an existing residential use withn the HMU district, shall be screened from such district by a wall or fence of not less than 90% opacity and not less than five nor more than seven feet in height above the level of the residential district property at the district boundary. Walls or fences of lesser heights or planting screens may be permitted by the Council if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or if there is a finding that a screening of the type required by this chapter would interfere with the provisions of adequate amounts of light and air to same said properties. Loading docks in the Highway Mixed Use District shall be screened so as not to be visible from any public street right-of-way within a residential district. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.
      
   2. Landscaping. All exposed ground areas surrounding or within a principal or accessory use, including street boulevards, which are not devoted to drives, sidewalks, patios or other such uses shall be landscaped with grass, shrubs, trees or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies or merchandise.
   3. Lighting. All sources of artificial light situated in a Highway Mixed Use District site shall be so fixed, directed, designed or sized that the sum total of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling nor more than 0.5 footcandle on any other part of the property. “Glare,” whether direct or 54 Grand Marais - Land Usage reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which is originates.
   4. Storage; displays. All materials, supplies, merchandise or other similar matter not on display for a direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the Highway Mixed Use District, or within the confines of a 100% opaque wall or fence not less than five feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the Highway Mixed Use District, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless such merchandise is of a type customarily displayed outdoors, such as garden supplies. No storage or any type shall be permitted within the one-half of the required front or side street setback nearest the street.
8. Requirement for vehicular and pedestrian circulation.
   1. Traffic and circulation. All commercial buildings or structures and their accessory uses shall be accessible to and from nearby public streets and sidewalks by driveways and walkways surfaced with a hard, all-weather, durable, dust-free material and property drained. Vehicular traffic generated by a commercial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the City Engineer who may require such additional measures for traffic control as he or she may deem necessary, including, but not limited to, the following: directional signalization, channelization, standby turn lanes, illumination and storage area and distribution facilities within the commercial site to prevent back-up of vehicles on public streets.
   2. No area used by motor vehicles other than driveways serving as ingress and egress to the commercial, industrial, or warehouse site shall be located within the public street right-of-way.
   3. All driveways to or from public streets shall be subject to the following restrictions:
      
      
      1. Driveway widths (measurement between roadway edges):

         Type	Maximum Feet	Minimum Feet
         One-way	20	14
         Two-way	30	24

      1. Minimum driveway angle to street: 30 degrees when street is one-way or divided, otherwise 60 degrees;
      2. Minimum distance between driveways: 20 feet between roadway edges measured along street curb line; and
      3. Minimum distance of driveway from street intersections (measured along street curb line between nearest driveway edge and intersecting street curb line):

         If the driveway enters a street classified as a	And the intersecting street is classified as a	And the driveway lane approaching or leaving intersection
         		Approach	Leaving*
         Minor street	Minor street, collector street or minor arterial	15 feet	15 feet
         	Major arterial	20 feet	15 feet
         Collector street	Minor street	20 feet	15 feet
         	Collector, minor arterial	25 feet	15 feet
         	Major arterial	35 feet	20 feet
         Major arterial	Minor street	20 feet	15 feet
         	Collector, minor arterial	25 feet	15 feet
         	Major arterial	40 feet	20 feet
         *Note: Minimum distance to be the same as that specified for approaching land if left turns are permitted into or out of driveway.

9.  General regulations. Additional regulations applicable to the HMU District are set forth in §§ 152.30 through 152.45.

   DW

   H61

   MU

   HMU

   PR

   PARK

   RC

   SC

   BDA

   1. Height

   30 ft

   30/35 ft†

   30/35 ft‡

   35 ft

   15 ft

   30 ft

   35 ft

   35 ft

   35 ft

   2. Yard Setback (structure only)

   a) Front: bldg line to right-of-way line

   Not required

   Not required

   Not required

   10 ft

   25 ft

   25 ft

   25 ft

   25 ft

   65 ft§

   b) Side (each side)

   Not required

   Not required

   Not required

   15 ft

   15 ft

   25 ft

   20 ft** 50 ft ††

   20 ft** 50 ft ††

   c) Rear

   Not required

   Not required

   Not required

   20 ft

   25 ft

   25 ft

   20 ft** 50 ft ††

   20 ft** 50 ft ††

   50 ft

   d) Corner (2 street exposure)

   Not required

   Not required

   Not required

   10 ft‡‡

   25 ft‡‡

   25 ft††

   25 ft††

   25 ft††

   65 ft‡‡

   3.  Total required lot area

   a) connected to city sewer

   As needed

   As needed

   As needed

   10,000 sqft*

   10,000 sq ft

   10,000 sq ft

   10,000 sq ft

   10,000 sq ft

   10,000 sq ft

   b) not connected to city sewer

   As needed

   As needed

   As needed

   1.61 ac.

   1.61 ac.

   1 ac

   1 ac

   1 ac

   1 ac

   4. Width

   a) connected to city sewer

   As needed

   As needed

   As needed

   As needed*

   As needed

   75 ft

   75 ft

   As needed

   As needed

   As needed

   As needed

   As needed

   b) not connected to city sewer

   As needed

   As needed

   As needed

   200 ft

   200 ft

   200 ft

   200 ft

   200 ft

   200 ft

   5. Depth

   As needed

   As needed

   As needed

   a) connected to city sewer

   As needed

   As needed

   As needed

   As needed

   As needed

   120 ft

   120 ft

   As needed

   As needed

   b) not connected to city sewer

   As needed

   As needed

   As needed

   N/A

   N/A

   350 ft

   350 ft

   350 ft

   350 ft

   6. Allowable % lot coverage

   N/A

   N/A

   N/A

   50%

   10%

   10%

   25%

   25%

   N/A

   7. Lot area per dwelling

   N/A

   N/A

   N/A

   N/A

   N/A

   N/A

   §§

   §§

   N/A

   8. Boundary line setback for structures from R Districts

   50 ft

   50 ft

   50 ft

   N/A

   50 ft

   50 ft

   50 ft

   50 ft

   50 ft

   DW

   H61

   MU

   C/I

   PR

   PARK

   RC

   SC

   BDA

   9. Performance standards

   Yes

   Yes***

   Yes***

   Yes***

   N/A

   N/A

   N/A

   N/A

   Yes†††

   10. Screening and landscaping

   §§§

   ‡‡‡

   ‡‡‡

   ‡‡‡

   ‡‡‡

   ‡‡‡

   ‡‡‡

   ‡‡‡

   11. General regulations

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   §§ 152.30– 152.50

   12. Special district

   ††††

   ††††

   ----

   none

   none

   none

   13. Minimum building width

   N/A

   N/A

   N/A

   N/A

   N/A

   N/A

   N/A

   N/A

   N/A

   † Building height is 30 feet. However, 35 feet may be allowed as a conditional use. The impact on views as a result of the additional 5 feet will be an important consideration.

   ‡ Building height is limited to 30 feet, but 35 feet can be allowed as a conditional use if the additional height does not significantly impact views.

   § From street centerline

   *§ 152.08(E)

   ** If nonresidential

   †† If residential

   ‡‡ From each street right-of-way line

   §§ 2,000 additional square feet for each dwelling unit over two in number

   *** § 152.08(F)

   ††† § 152.14(E)

   ‡‡‡ § 152.42

   §§§  § 152.08(G)

   †††† Lighting and glare; sign overhang - § 152.06(E)

   ‡‡‡‡ Traffic circulation, § 152.08(H)

   
   

(Ord. 2008-05, passed 8-5-1971; Ord. 2016-02, passed 3-30-2016; Ord. 2017-01, passed 1-26-2017 ; Ord. 2020-02, passed 12-30-2020)

1. Purpose.
   1. The COM Communications District is designed to provide a compact area suitable for electronic communications transmitters, receivers and antennas and associated structures and equipment.
   2. The communications district shall be limited to: the north 900 feet of the SW1/4 of NE1/4, Section 17, Township 61 North, Range 1 East; and the east 330 feet of the SW1/4 of NE1/4, Section 17, Township 61 North, Range 1 East, which lies west of Cook County Road No. 64.
2. Permitted principal uses.
   1. Electronic and telecommunication towers, radio, television and other telecommunications towers and associated structural devices;
   2. Satellite, microwave and other receivers and transmitters and systems; and
   3. Accessory uses, including:
      1. Structures for storage, maintenance and repair of the permitted uses; and
      2. Fences and other security and safety structures and equipment.
3. Height, yard setbacks and lot coverage requirements.
   1. Height and yard setbacks and lot coverage requirements shall be set by the City Council on a case-by-case basis.
   2. Factors to be considered by the Council shall include, but not be limited to:
      1. Public safety;
      2. Aesthetics;
      3. The public need for the communications systems and the availability of alternative sites; and
      4. The reasonable needs of the applicant.
4. Personal telecommunications equipment. Nothing in this amendment shall be deemed to limit the right of homeowners or businesses from installing or maintaining television, radio or telephone equipment which is otherwise permissible under other provisions of this chapter.

(Ord. 2008-05, passed 8-5-1971; Ord. passed 8-28-1996)

1. Purpose. Protected Resource Districts are to include: outstanding or unique natural or scenic areas, both public and private that exist relatively free from human influence; significant archeological or historic areas and state parks and other public lands managed for resource conservation or recreation purposes.
2. Permitted principal uses. Within a PR District, unless otherwise provided by this chapter, no uses are permitted except for the following: public parks and picnic areas, owned or operated by government agencies.
3. Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. Private parks, recreation areas;
   2. Interpretive centers;
   3. Public accesses and boat launches;
   4. Replacement, repair or remodeling of designated historical buildings;
   5. Any water dependent industrial or water dependent transportation use: provided that the Planning Commission finds that the proposed use is advantageously served in this location through the direct access to water transportation for receipt or shipment of supplies, goods or commodities; and
   6. Docks, wharfs and other facilities used in connection with water transportation, navigation or industrial uses.
4. Height, yard setbacks and lot coverage. The height, yard setbacks and lot coverage requirement for the PR District shall be those stated in § 152.16.
5. General regulations. Additional regulations applicable in the PR District are set forth in §§ 152.30 through 152.45.

(Ord. 2008-05, passed 8-5-1971; Ord. 2020-02, passed 12-30-2020)

1. Purpose. A park oriented district allowing recreational activities that are compatible with the natural environment and designed to strengthen the recreational characteristics of these areas.
2. Permitted uses. Public parks, playgrounds and recreation areas.
3. Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. Camping areas, tent or vehicle, subject to all applicable state standards;
   2. Clubhouses;
   3. Recreational uses requiring specialized equipment, buildings or facilities;
   4. General stores, gasoline sales, bait sales, marina sales and service;
   5. Marinas;
   6. Boat launches and docks;
   7. Any water dependent industrial or water dependent transportation use; provided that the Planning Commission finds that the proposed use is advantageously served in this location through the direct access to water transportation for receipt or shipment of supplies, goods or commodities; and
   8. Docks, wharfs and other facilities used in connection with water transportation, navigation or industrial uses.
4. Height, yard setbacks and lot coverage requirement. The height, yard setbacks and lot coverage requirement for the PARK District shall be those stated in § 152.16.
5. General regulations. Additional regulations applicable in the PARK District are set forth in §§ 152.30 through 152.45.

(Ord. 2008-05, passed 8-5-1971; Ord. 2020-02, passed 12-30-2020)

1. Purpose. A recreational oriented district allowing both public and private recreational activities that are compatible with the natural environment and designed to strengthen the recreational characteristic of these areas.
2. Permitted uses. Public and private parks, playgrounds and recreation areas.
3. Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. Golf courses and clubhouses;
   2. Riding stables;
   3. Ski areas;
   4. Private commercial recreational uses requiring specialized equipment, buildings or other facilities;
   5. Lodging;
   6. Grocery, restaurants, laundromats, general stores, gasoline sales, gift shops, bait sales; when part of a resort or lodging facility; and
   7. Planned unit development.
4. Height, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirement for the RC District shall be those stated in § 152.16.
5. General regulations. Additional regulations applicable in the RC District are set forth in §§ 152.30 through 152.45.

(Ord. 2008-05, passed 8-5-1971; Ord. 2016-02, passed 3-30-2016; Ord. 2020-02, passed 12-30-2020)

1. Purpose. The SC Community/Services District is designed to provide an efficient location for public and community service uses.
2. Permitted principal uses.
   1. Government buildings;
   2. Schools;
   3. Community center; and
   4. Recreation center.
3. Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. Single- and multiple-family housing;
   2. Congregate housing;
   3. Fairgrounds;
   4. Clubs, lodges or organization center, non-profit only:
      1. Planned unit developments; and
      2. Home occupations/SC Zoned property.
4. Height, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirement for the SC District shall be those stated in § 152.16.
5. General regulations. Additional regulations applicable in the SC District are set forth in §§ 152.30 through 152.45.

(Ord. 2008-05, passed 8-5-1971; Ord.2000-14, passed - -; Ord. 2020-02, passed 12-30-2020)

1. Purpose. It is the purpose of the Business Development Area District to create areas suitable for development of manufacturing, create areas suitable for development of manufacturing, warehousing and other similar industrial uses which are either:
   1. Uses whose operations are relatively free from objectionable influences; or
   2. Uses whose objectionable features will be minimized or eliminated by design and/or appropriate devises. These uses should be compatible with each other and surrounding land uses.
2. Permitted principal uses. Within a BDA District, unless otherwise provided by this chapter, no uses are permitted except for the following:
   1. Light manufacturing including, but not limited to wood products, electric and electronic devices, clothing, hardware, metal stamping, printing, tools, instruments and controls;
   2. Repair, service or storage of heavy vehicles or equipment;
   3. Sawmills, debarking, chipping, wood products storage and other timber processing operations;
   4. Warehousing and wholesale business;
   5. Offices;
   6. Retail sales;
   7. Services;
   8. Public utilities;
   9. Research or testing facilities; and
   10. Accessory uses. (except employee occupied accessory residences)
3. Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.48:
   1. bulk oil or chemical storage tanks.
   2. accessory employee occupied residences as regulated in (F).
      
4. Requirements.
   1. Minimum lot area: no minimum if on public sewer/water. One acre if on individual sewage treatment system.
   2. Minimum lot width: none.
   3. Lot line setbacks:
      1. Business development area perimeter boundaries:
         
         

         Rear yard	20 feet if bordering a nonresidential district
         	50 feet if bordering a residential district
         Side yard	20 feet if bordering a nonresidential district
         	50 feet if bordering a residential district

      2. Rear and side yard setbacks are to be maintained in a natural vegetative state or approved landscaping.
   4. Road setbacks (from centerline); all public and private roads: 65 feet.
   5. Maximum building height: 35 feet.
5. Performance standards.
   1. All required setback areas shall be left in natural vegetation to provide for visual screening from adjacent properties and roadways. Additional planting may be required at the discretion of the Planning Commission to achieve visual screening. No parking areas, service yards, storage areas, lighting or structures are permitted within the required setback areas.
   2. Lighting shall not be placed in the required setback areas. Any lighting must be directed inward and not toward any property line. No upward directed lighting shall be permitted.
   3. Noise, measured at the property line, shall not be objectionable in frequency or intensity. The general noise level of the surrounding properties shall serve as a guide in judging this standard.
   4. Odor from any industrial process must not be discernible at its property line. Processes that are prone to produce objectionable odors must present specific plans for odor control at the time of permit application.
   5. Vibration shall not be discernible to human sense of feeling at its property line.
   6. Smoke shall be measured at the point of emission and not exceed 20% visual opacity.
   7. Fumes or gases shall not be emitted at any point in concentrations that are noxious, toxic or corrosive.
   8. Every operation shall be carried on with reasonable precautions against fire and explosive hazards.
6. Accessory residential use. Residences as accessory uses are required to meet all of the following standards except where provided otherwise.
   
   1. Lots with owner-occupied residences and/or rental workforce housing units must contain a permitted principal use.
   2. An owner occupied residence can be located on a second story or attached to the side of building containing a permitted principal commercial or light industrial use.
   3. Dwelling units for employees shall be allowed with a conditional use permit. In addition to the criteria outlined in 152.48, to determine whether the residential use is accessory, the City may also consider the area devoted to residential versus commercial, the number of residents working on-site versus off-site, and the impact the residences have on the ability to operate the permitted principal use.
      
   4. Dwelling units permitted under 152.14 (F) (3) shall be used exclusively by employees employed on- or off-site; by the same company that occupies the property as the principal use (the Principal Company”); a parent company to the Principal Company, or a subsidiary of the Principal Company.
   5. Separate ingress/egress shall be provided for the residence and other emergency entrances shall be provided as required by applicable codes.
   6. One parking space shall be provided for the residence in addition to any other spaces as required in this chapter.
   7. Land use permit applications including residences shall explicitly state the proposed permitted principal uses . Land use permit approval shall be limited to the disclosed and permitted uses, unless otherwise changed in the zoning code or accommodated by special City approval.
      

   
   

(Ord. 2008-05, passed 8-5-1971; Ord. 2015-02, passed 8-12-2015; Ord. 2020-03, passed 9-30-2020; Ord. 2020-02, passed 12-30-2020)

The following uses are required to satisfy specific standards with a proposed new construction, change of use or other activity in order to gain approval of a land use permit. These standards are applicable in all districts where the subject use is permitted or requires a conditional use permit.

1. Bed and breakfast homes.
   1. A maximum of five bedrooms may be rented with a maximum occupancy of ten persons at one time.
   2. Off-street parking shall be provided with a minimum of one space per guest room and one space for the operator.
   3. Bed and breakfast facilities shall meet lot size and all setback requirements for the zone district in which they are located.
   4. Signs shall be limited to a maximum size of six square feet.
   5. The owner or manager shall be in residence when rooms are being rented by paying guests.
   6. The facility shall not be used for commercial, receptions, parties and the like for other than overnight guests.
   7. A license is required from the State of Minnesota.
   8. If ownership is transferred, an amended conditional use permit must be applied for by the new owner within 60 days of the change of ownership. The conditional use permit will terminate if the amended permit is not requested within 60 days.
   9. Lighting shall not be placed in required setback areas and must be directed inward and not toward any property line. No upward directed lighting shall be permitted. All lighting on premises must be directed inward and not create glare on adjacent properties.
2. Self-service laundromats. Lighting shall not be placed in required setback areas and must be directed inward and not toward any property line. No upward directed lighting shall be permitted. All lighting on premises must be directed inward and not create glare on adjacent properties.
3. Churches. Lighting shall not be placed in required setback areas and must be directed inward and toward any property line. No upward directed lighting shall be permitted. All lighting on premises must be directed inward and not create glare on adjacent properties.
4. Manufactured homes. Manufactured homes shall be built in conformity with the Manufactured Home Building Code (M.S. §§ 327.31 to 327.36, as they may be amended from time to time).
5. Attached rowhouse or townhouse dwelling.
   1. Each dwelling with street frontage shall have a principal entrance facing the front property line and street.
   2. Access to off-street parking shall be from an alley.
6. Large apartment dwelling.
   1. Exterior waste and recycling facilities shall be located in the rear yard and screened with a fence.
   2. Surface parking areas shall be screened from adjacent residential lots with landscaping or fencing.
   3. A building more than 50 feet in width should be divided into increments of no more than 48 feet through articulation of the facade. This could be achieved through the combinations of the following techniques:
      1. Divisions or breaks in materials;
      2. Window bays; and
      3. Separate entrances and entry treatments.
   4. Use of architectural details such as parapets.
7. Cottage courtyard development.
   1. Minimum distance between dwelling units shall be ten feet.
   2. Each cottage courtyard development shall provide a shared courtyard which is centrally located, allowing each dwelling unit to be located adjacent to the shared courtyard. Minimum width and depth of the shared courtyard shall be 20 feet.
   3. Each dwelling with street frontage shall have a principal entrance facing the front property line and street. Each dwelling that does not have street frontage shall have a principal entrance facing the shared courtyard.
   4. Pedestrian paths shall be provided to ensure pedestrian access from each individual dwelling unit to the front property line and street.
   5. All parking shall be provided in a shared parking area in the rear yard that accommodates a minimum of one off-street parking space per dwelling unit.
8. Manufactured home park development.
   1. Minimum open space requirement. A minimum of 500 square feet per mobile home shall be provided for definable play areas and open space within the manufactured home park. Such areas of open space and/or play areas shall not be areas included within any setback nor shall they include any areas of less than 20 feet in length or width.
   2. Setback requirements.
      1. Minimum distance between units shall be not less than 20 feet, or the sum of the heights of the two units, whichever is greater; the point of measurement being a straight line between the closest point of the units being measured.
      2. When a manufactured home park abuts a single-family residential use area, there shall be a minimum setback on that side of 50 feet between the street right-of-way line and any manufactured home park use; which setback area shall act as buffer zone and shall be landscaped according to a landscape plan, to be submitted at the time of application, such plan shall show the type of planting material, size, and planting schedule.
   3. General internal park development requirements.
      1. There shall be a minimum front yard setback from the manufactured home unit to the internal private street line of 15 feet.
      2. The manufactured home stand shall be at such elevation, distance and angle relative to the street and driveway that placement and removal of the manufactured home with a car, tow truck, or other customary moving equipment is practical. The manufactured home stand shall have a longitudinal grade of less than 4% and transverse crown or grade to provide adequate surface drainage. The manufactured home stand shall be compacted and surfaced with a material which will prevent the growth of vegetation while supporting the maximum anticipated loads during all seasons.
      3. The entire manufactured home park shall be landscaped (excluding hard surfaced areas) and there shall be planted, or otherwise located, one shade tree with a minimum diameter of two inches placed and maintained near each unit pad.
      4. All utilities supplied by the manufactured home park shall be underground - this shall include sanitary sewer, municipal water and electricity - when piped fuel and/or gas is provided by the manufactured home park to each manufactured home stand, such service shall also be located underground.
      5. Enclosed storage lockers when provided shall be located either adjacent to the mobile home in a mobile home park or at such other place in the park as to be convenient to the unit for which it is provided. Storage of large items such as boats, boat trailers and the like shall not be accomplished at the site of the mobile home unit, but rather shall be provided in a separate screened area of the park.
   4. Internal private street requirements.
      1. Streets shall be of sufficient width so as to permit ease of access to the manufactured home park units and the placement and removal of manufactured homes without causing damage to or otherwise jeopardizing the safety of any occupants or manufactured homes in the park.
      2. Streets shall have a minimum width so as to permit two moving lanes of traffic. Minimum lane width shall be ten feet.
      3. Public access to a manufactured home park shall be so designed as to permit a minimum number of ingress and egress points to control traffic movement, and to keep undesirable traffic out of the park.
      4. Streets shall be graded to their full width to provide proper grades for pavements and sidewalks to have adequate surface drainage to the storm sewer system. The improvements shall extend continuously from existing improved streets to provide access to each unit and to provide connections to existing or future streets at the boundaries of the manufactured home park.
      5. Streets and parking areas shall be surfaced for all weather travel with not less than, four inches of crushed stone, gravel, or other suitable base material topped with not less than one and one-half inches of bituminous concrete, or four inches of Portland cement concrete. The surface shall be limited at the edge by a Portland cement curb not less than four inches high.
   5. Registration.
      1. It shall be the duty of the operator of the manufactured home park to keep a register containing a record of all manufactured home owners and occupants located within the park. The register shall contain the following information:
         1. The name and address of each manufactured home occupant;
         2. The name and address of the owner of each manufactured home;
         3. The make, model, year and license number of each manufactured home;
         4. The state, territory or county issuing such a license;
         5. The date of the arrival and departure of each manufactured home; and
         6. The number and type of motor vehicles of residents in the park.
      2. The park shall keep the register available for inspection at all times by the city and county law enforcement officers, public health officials, and other public officers whose duty necessitates acquisition of the information contained in the register. The register record for each occupant and/or manufactured home registered shall not be destroyed until after a period of three years following the date of departure of the registrant from the park.
   6. Maintenance. The operator of any manufactured home park, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the manufactured home park, its facilities and equipment, in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with said operator for the violation of any provisions of these regulations to which said operator is subject.
9. Accessory dwelling unit (ADU).
   1. Shall comply with all requirements for accessory buildings herein, except for the following:
      1. A detached ADU shall be located in the rear yard of the lot;
      2. A detached ADU shall have a minimum of five-foot side and rear yard setbacks; and
      3. A detached ADU shall have a maximum building height of 20 feet or the height of the principal dwelling, whichever is less.
   2. Minimum distance between a detached ADU and any other buildings on the same lot of five feet.
   3. Maximum size of an ADU may not exceed the total square footage of the principal dwelling or 1,000 square feet, whichever is less. For an ADU incorporated into a detached garage, the garage square footage shall not be included in this calculation.
   4. One off-street parking space per ADU shall be provided in addition to the off-street parking required for the principal dwelling.
   5. A separate outside entrance is necessary for an attached/internal ADU and the entrance shall be located either on the side or rear of the principal dwelling.
   6. An existing accessory structure may not be converted into an ADU if the above requirements are not met.
   7. More than one ADU is allowed on the same lot if the above requirements are met.
   8. The ADU shall not be sold independently of the principal residential dwelling and may not be a separate tax parcel.
10. Hotel in commercial districts.
    1. Minimum lot size. Minimum lot area for any hotel or motel development shall be 12,000 square feet.
    2. Density. The total square footage of the inside living space shall not exceed 35% of the total lot area. In determining the amount of inside living space, the space occupied by decks, patios, stoops and steps will not be considered.
    3. Minimum setbacks.
       1. Side yard if on shoreline: 35 feet;
       2. Side yard if bordering residential zone district: 25 feet;
       3. Rear yard if bordering residential zone district: 25 feet;
       4. Lake Superior: 40 feet from vegetation line.
    4. Minimum lot width. 100 feet.
    5. Maximum building height. 30 feet.
    6. Open space requirement. At least 30% of the project area must be preserved as open space. In shoreland areas a minimum of 25% of lot frontage, as measured at the building setback line, must be preserved as open space.
    7. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.
    8. The project must be connected to the public sewer system. All new units must utilize water conserving plumbing fixtures and have water meters installed and accessible which serve all sewage generating appliances.
    9. Parking and loading requirements. One off-street parking space for each room or unit shall be required. One off-street parking space shall be required for each non-resident employee. For motels or hotels with restaurants and/or bars, one off-street parking space shall be required for each five seats, based on maximum seating capacity. One loading space shall be required for each structure over 20,000 square feet of gross floor area.
    10. Application criteria. The application shall provide a detail development plan which shall include the following:
        1. The property under consideration, including property boundaries, contours, on-site features, roads, lakes, rivers, and other relevant features;
        2. Building elevations, location on site, proposed uses, number of units and commercial operations, including a floor plan for all structures;
        3. A concept statement describing the project;
        4. Parking areas and driveways for both residences and commercial activities, vehicle loading/unloading areas, proposed road entrances, and projected traffic generation of the proposed development;
        5. Proposed phasing of the final development;
        6. Description of how the project will operate after completion;
        7. Nature of proposed ownership after completion;
        8. Proposed fire protection;
        9. Proposed homeowners association agreement, where applicable;
        10. Detailed landscape plan which shows existing vegetation and proposed alterations and new plantings and landscaping;
        11. Open space location and use;
        12. Water sources and water supply system plans;
        13. Proposed sewage treatment system plans;
        14. Storm water runoff plans (construction and operation);
        15. Erosion control plan for shoreline, where applicable;
        16. Erosion control plan for site (construction and operation);
        17. Evidence of application for appropriate permits, state and federal; and
        18. Evidence of availability of necessary public utilities.
11. Hotel in RCN District.
    1. Required setback areas. A detailed landscaping plan shall be submitted for all the required setback areas to achieve visual screening. No parking areas, service yards, storage areas, lighting or structures are permitted within the required setback areas.
    2. Lighting. Lighting shall not be placed in required setback areas and must be directed inward and not toward any property line. No upward directed lighting shall be permitted. All lighting on premises must be directed inward and not create glare on adjacent properties.
    3. Noise. Noise, measured at the property line, shall not be objectionable in frequency or intensity. The general noise level of surrounding properties shall serve as a guide in judging this standard. This section shall adopt by reference, Minnesota Pollution Control Agency Rules, Chapter 7010, Noise Pollution Control Rules.
    4. Minimum lot area. 12,000 square feet.
    5. Open space requirement. At least 30% of the lot area must be preserved as open space. Open space does not include parking areas.
    6. Density. The total square footage of the rental units shall not exceed 30% of the total lot area.
    7. Parking. One off-street parking space is required for each rental or living unit. One additional off-street parking space is required for each non-resident employee.
12. Automobile service stations in the H61, Highway 61 Corridor District.
    1. Purpose. It is the purpose of this regulation to permit the development of automobile service stations without any repair service in the H61 Zone District in a manner that will promote and improve the general health, safety, convenience and welfare of the citizens. The service station parcel must abut Minnesota Trunk Highway 61.
    2. General requirements.
       1. Minimum required frontage on Highway 61: 100 feet.
       2. Minimum required setback for gas pumps from any public right-of-way: 25 feet.
       3. Applicant shall submit a site plan of the proposed development which shall include the following information:
          1. Survey of parcel showing perimeter dimensions of development area;
          2. Location and size of any proposed building(s);
          3. Number and location of gas pumps;
          4. Location of driveway entrances and indication of all paved areas. Curb and gutter shall be provided on all street rights-of-way, except for driveway entrances;
          5. Location, material and size of all buried fuel tanks; and
          6. Highway and street rights-of-way.
       4. Any building shall be designed to be compatible with surrounding land uses. All exterior wall surfaces or buildings shall be of the same or equivalent facing material used on the front of the building. Such surfaces shall be of wood siding, face brick, stone, curtain wall or of a compatible equivalent material. Final building design shall be approved by the City Council prior to the issuance of any building permit, and shall meet the Fire Zone Regulations of Chapter 21.
       5. No automobile repairs shall be made or offered to customers, including, but not limited to, lubrication, oil change, tire repair, battery charge, and replacement of fan belts, hoses and wiper blades. (Derivation: Council Action: May 28, 1986 and June 11, 1986)

(Ord. 2020-02, passed 12-30-2020)