Hawley City Zoning Code

   A.    Compliance; Permits Required: The use made of property may not be substantially changed; substantial clearing, grading, or excavation may not be commenced; and buildings or other substantial structures may not be constructed, erected, moved or substantially altered except in accordance with and pursuant to one or more of the following permits:

      1.    A zoning permit issued by the zoning official,

      2.    A conditional use permit issued by the governing body or planning commission of Hawley, and

      3.    A building permit (upon city adoption of the state building code).

   B.    Zoning Districts: The following zoning districts and district requirements are hereby established: (Ord. 230, 5-6-2002)

 

(Ord. 230, 5-6-2002; amd. Ord. 252, 10-29-2009)

   A.    Purpose: The R-1 district is established to provide for the development of new low density (not more than 6 dwelling units per 43,560 square feet) residential area with large boulevards and narrow local streets which promote the sense of quiet well kept single-family neighborhoods.

   B.    Permitted Uses: The following are permitted uses in the R-1 district:

      1.    Single-family dwellings of new construction.

      2.    Two-family dwellings of new construction.

      3.    Daycare facilities for twelve (12) persons or less, residential daycare facilities serving six (6) or fewer persons and group family daycare facilities licensed under Minnesota rules, parts 9502.0315 to 9502.0445, serving fourteen (14) or fewer persons and in compliance with section 10-5-6 of this title.

      4.    Parks, playgrounds and golf courses.

      5.    Bicycle and pedestrian paths and other publicly operated recreational facilities not otherwise restricted by the provisions of this title.

      6.    Garage and rummage sales provided that:

         a.    Sales may not exceed three (3) days during any thirty (30) day period and are limited to a maximum of eight (8) days per year.

         b.    Signs advertising the sale may not be placed on the city's right of way.

         c.    No merchandise offered for sale may be placed on the city's right of way.

   C.    Accessory Uses: The following are permitted accessory uses in an R-1 district:

      1.    Private garages, parking spaces and carports. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on.

      2.    Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles kept in a side yard or a rear yard must be parked on a gravel, paved or concrete surface. No parking in front yard is allowed.

      3.    Home occupations as regulated by section 10-5-10 of this title.

      4.    Noncommercial greenhouses and conservatories.

      5.    Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

   D.    Conditional Uses: The following are conditional uses in an R-1 district and as such require a conditional use permit based upon procedures set forth in and regulated by section 10-3-3 of this title:

      1.    Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the city; provided, that:

         a.    Compatibility with surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.    Public or semipublic recreational buildings and uses including golf courses, neighborhood or community centers, libraries, and public swimming pools (not less than 200 feet from existing or projected residential area); public or 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.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      3.    Condominiums, multiple-family residences containing no more than four (4) residences, provided that:

         a.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

   E.    Lot Requirements And Setbacks: The following minimum requirements shall be observed in an R-1 district subject to the additional requirements, exceptions and modifications set forth in this title: (Ord. 230, 5-6-2002)

      1.    Lot Area:

         a.    Minimum lot size of ten thousand five hundred (10,500) square feet (plus 2,500 square feet per additional dwelling unit on the lot). (Ord. 266, 4-28-2014)

         b.    Maximum lot coverage: Fifty percent (50%).

         c.    Minimum livable space: One thousand six hundred (1,600) square feet.

         d.    Minimum roof slope: Three to twelve (3:12).

      2.    Setbacks: All setbacks are from property lines. The street right of way and boulevard are not part of the setback area.

         a.    Front Yard: Not less than thirty feet (30').

         b.    Side Yard:

            (1)    Footage: Eight feet (8').

            (2)    Accessory structures: Eight feet (8') minimum unless a garage entrance faces into a street in which case the setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         c.    Rear Yard:

            (1)    Principal building: Eight feet (8').

            (2)    Accessory structures: Eight feet (8'). If a garage entrance faces onto a street the minimum setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         d.    Corner Lot: If a corner lot has a boulevard area of fourteen feet (14') or more, the front yard may be set as the direction the main house entrance faces. The other side may be treated as a side yard setback. (Traffic visibility must be maintained with no extensions allowed into the side yard, i.e., deck, steps.)

   F.    Maximum Building Height: The following maximum building heights will apply in the R-1 district subject to additional requirements, exceptions, and modifications set forth in this title:

      1.    Dwelling units or principal buildings: Thirty five feet (35').

      2.    Accessory buildings: As governed by section 10-5-9 of this title.

   G.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 230, 5-6-2002)

   A.    Purpose: The R-1a district is established to provide for the development of new moderate density (not more than 8 dwelling units per 43,560 square feet) residential area with large boulevards and narrow local streets which promote the sense of quiet well kept single-family and twin home neighborhoods.

   B.    Permitted Uses: The following are permitted uses in the R-1a district:

      1.    Single-family dwellings of new construction.

      2.    Two-family dwellings of new construction.

      3.    Daycare facilities for twelve (12) persons or less, residential daycare facilities serving six (6) or fewer persons and group family daycare facilities licensed under Minnesota rules, parts 9502.0315 to 9502.0445, serving fourteen (14) or fewer persons and in compliance with section 10-5-6 of this title.

      4.    Parks, playgrounds and golf courses.

      5.    Bicycle and pedestrian paths and other publicly operated recreational facilities not otherwise restricted by the provisions of this title.

      6.    Garage and rummage sales provided that:

         a.    Sales may not exceed three (3) days during any thirty (30) day period and are limited to a maximum of eight (8) days per year.

         b.    Signs advertising the sale may not be placed on the city's right of way.

         c.    No merchandise offered for sale may be placed on the city's right of way.

   C.    Accessory Uses: The following are permitted accessory uses in an R-1a district:

      1.    Private garages, parking spaces and carports. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on.

      2.    Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles kept in a side yard or a rear yard must be parked on a gravel, paved or concrete surface. No parking in front yard is allowed.

      3.    Home occupations as regulated by section 10-5-10 of this title.

      4.    Noncommercial greenhouses and conservatories.

      5.    Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

   D.    Conditional Uses: The following are conditional uses in an R-1a district and as such require a conditional use permit based upon procedures set forth in and regulated by section 10-3-3 of this title:

      1.    Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the city; provided, that:

         a.    Compatibility with surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.    Public or semipublic recreational buildings and uses including golf courses, neighborhood or community centers, libraries, and public swimming pools (not less than 200 feet from existing or projected residential area); public or 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.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      3.    Condominiums, multiple-family residences containing no more than four (4) residences, provided that:

         a.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

   E.    Lot Requirements And Setbacks: The following minimum requirements shall be observed in an R-1a district subject to the additional requirements, exceptions and modifications set forth in this title:

      1.    Lot Area:

         a.    Minimum lot size of seven thousand (7,000) square feet (plus 3,000 square feet per additional dwelling unit on the lot).

         b.    Maximum lot coverage: Fifty percent (50%).

         c.    Minimum livable space: One thousand one hundred (1,100) square feet.

         d.    Minimum roof slope: Three to twelve (3:12).

      2.    Setbacks: All setbacks are from property lines. The street right of way and boulevard are not part of the setback area.

         a.    Front Yard: Not less than thirty feet (30').

         b.    Side Yard:

            (1)    Footage: Five feet (5').

            (2)    Accessory structures: Five feet (5') minimum unless a garage entrance faces into a street in which case the setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         c.    Rear Yard:

            (1)    Principal building: Eight feet (8').

            (2)    Accessory structures: Eight feet (8'). If a garage entrance faces onto a street the minimum setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         d.    Corner Lot: If a corner lot has a boulevard area of fourteen feet (14') or more, the front yard may be set as the direction the main house entrance faces. The other side may be treated as a side yard setback. (Traffic visibility must be maintained with no extensions allowed into the side yard, i.e., deck, steps.)

   F.    Maximum Building Height: The following maximum building heights will apply in the R-1a district subject to additional requirements, exceptions, and modifications set forth in this title:

      1.    Dwelling units or principal buildings: Thirty five feet (35').

      2.    Accessory buildings: As governed by section 10-5-9 of this title.

   G.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 252, 10-29-2009)

   A.    Purpose: The R-2 district is established to provide for the continued use of existing residential property and the development of new medium density (not more than 10 dwelling units per 43,560 square feet) residential uses which support the effective maintenance or rehabilitation of older neighborhoods and provide low cost alternatives for lower income homebuyers. It is intended that this zoning district will provide the opportunity for cost effective development of limited multi- family residences while maintaining a single-family character.

   B.    Permitted Uses: The following are permitted uses in the R-2 district:

      1.    Single-family dwellings of new construction.

      2.    Two-family dwellings.

      3.    Daycare facilities for twelve (12) persons or less, residential daycare facilities serving six (6) or fewer persons and group family daycare facilities licensed under Minnesota rules, parts 9502.0315 to 9502.0445, serving fourteen (14) or fewer persons and in compliance with section 10-5-6 of this title.

      4.    Residential facilities for six (6) persons or less.

      5.    Parks, playgrounds and golf courses.

      6.    Bicycle and pedestrian paths and other publicly operated recreational facilities not otherwise restricted by the provisions of this title.

      7.    Garage and rummage sales provided that:

         a.    Sales may not exceed three (3) days during any thirty (30) day period and are limited to a maximum of eight (8) days per year.

         b.    Signs advertising the sale may not be placed on the city's right of way.

         c.    No merchandise offered for sale may be placed on the city's right of way.

   C.    Accessory Uses: The following are permitted accessory uses in an R-2 district:

      1.    Private garages, parking spaces and carports. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off street parking in full compliance with this title is provided elsewhere on the property.

      2.    Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles kept in a side yard or a rear yard must be parked on a gravel, paved or concrete surface. No parking in front yard is allowed.

      3.    Home occupations as regulated by section 10-5-10 of this title.

      4.    Noncommercial greenhouses and conservatories.

      5.    Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

      6.    Boarding or renting of rooms to not more than two (2) persons.

   D.    Conditional Uses: The following are conditional uses in an R-2 district and as such require a conditional use permit based upon procedures set forth in and regulated by section 10-3-3 of this title:

      1.    Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the city; provided, that:

         a.    Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.    Public or semipublic recreational buildings and uses including golf courses, neighborhood or community centers, libraries, and public swimming pools (not less than 200 feet from existing or projected residential area); residential facilities for more than seven (7) persons; public or 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.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      3.    Cemeteries; provided, that:

         a.    The site accesses on a minor arterial or arterial street.

         b.    The site is screened in accordance with section 10-5-5 of this title.

         c.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      4.    Condominiums, multiple-family residences containing no more than eight (8) residences and single-family residences moved in; provided that:

         a.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

         e.    If moving a building, all provisions of section 10-5-3 of this title are considered and satisfactorily met.

      5.    Manufactured homes subject to the following conditions:

         a.    All manufactured homes shall be constructed after June 15, 1976, and bear the HUD certification seal.

         b.    The minimum width of the main portion of the structure shall not be less than twenty four feet (24'), as measured across the narrowest portion.

         c.    All dwellings shall be placed on a permanent foundation in compliance with the uniform building code.

         d.    Tongues and axles on all manufactured homes shall be removed.

   E.    Minimum Lot Requirements And Setbacks: The following minimum requirements shall be observed in an R-2 district subject to additional requirements, exceptions and modifications set forth in this title:

      1.    Lot Area:

         a.    Minimum seven thousand (7,000) square feet (plus 2,500 square feet for each additional dwelling unit on lot).

         b.    Minimum liveable space: one thousand (1,000) square feet.

         c.    Maximum lot coverage: fifty percent (50%) of the total lot area.

         d.    Minimum roof slope: three to twelve (3:12).

      2.    Setbacks: All setbacks are from property lines. The street right of way and boulevard are not part of these setback areas.

         a.    Front Yard: Not less than twenty five feet (25').

         b.    Side Yard:

            (1)    Footage: Five feet (5').

            (2)    Accessory Structures: Five feet (5') minimum unless a garage entrance faces into a street in which case the setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         c.    Rear Yard:

            (1)    Footage: Eight feet (8').

            (2)    Accessory Structures: Eight feet (8'). If a garage entrance faces onto a street the minimum setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         d.    Corner Lot: If a corner lot has a boulevard area of fourteen feet (14') or more, the front yard may be set as the direction the main house entrance faces. The other side may be treated as a side yard setback. (Traffic visibility must be maintained with no extensions allowed into the side yard, i.e., deck, steps.)

   F.    Maximum Building Height: The following maximum building heights will apply in the R-2 district subject to additional requirements, exceptions, and modifications set forth in this title:

      1.    Dwelling Units Or Principal Buildings: Thirty five feet (35').

      2.    Accessory Buildings: As governed by section 10-5-9 of this title.

   G.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 230, 5-6-2002)

   A.    Purpose: The R-3 district is established to provide for high density residential property in a manner which provides neighborhood green space while allowing densities up to fifteen (15) dwelling units per forty three thousand five hundred sixty (43,560) square feet.

   B.    Permitted Uses: The following uses are permitted in an R-3 district:

      1.    New single-family dwellings.

      2.    Condominiums.

      3.    Multiple-family dwellings.

      4.    Daycare facilities serving twelve (12) or fewer persons, residential care facilities serving six (6) or fewer persons, and group family daycare facilities licensed under Minnesota rules, parts 9502.0315 to 9502.0445, serving fourteen (14) or fewer persons and in compliance with section 10-5-6 of this title.

      5.    Residential facilities for ten (10) persons or less.

      6.    Parks, playgrounds and golf courses.

      7.    Bicycle and pedestrian paths and other publicly operated recreational facilities not otherwise restricted by the provisions of this title.

      8.    Manufactured homes subject to the following conditions:

         a.    All manufactured homes shall be constructed after June 15, 1976, and bear the HUD certification seal.

         b.    The minimum width of the main portion of the structure shall not be less than twenty two feet (22'), as measured across the narrowest portion.

         c.    All dwellings shall be placed on a permanent foundation in compliance with the uniform building code as adopted by the city.

         d.    Tongues and axles on all manufactured homes shall be removed.

      9.    Retirement, nursing, convalescent, and assisted living homes.

      10.    Museums, art galleries.

      11.    Garage and rummage sales provided that:

         a.    Sales may not exceed three (3) days during any thirty (30) day period and are limited to a maximum of eight (8) days per year.

         b.    Signs advertising the sale may not be placed on the city's right of way.

         c.    No merchandise offered for sale may be placed on the city's right of way.

   C.    Accessory Uses: The following are permitted accessory uses in an R-3 district:

      1.    Private garages, parking spaces and carports. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off street parking in full compliance with this chapter is provided elsewhere on the property.

      2.    Recreational vehicles and equipment.

      3.    Home occupations as regulated by section 10-5-10 of this title.

      4.    Noncommercial greenhouses and conservatories.

      5.    Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

      6.    Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

      7.    Boarding or renting of rooms to not more than six (6) persons. (Ord. 230, 5-6-2002)

   D.    Conditional Uses: The following are conditional uses in an R-3 district and require a conditional use permit based upon procedures set forth in and regulated by section 10-3-3 of this title:

      1.    Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the city; provided, that:

         a.    Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.    Public or semipublic recreational buildings and uses including golf courses, libraries, public swimming pools (not less than 200 feet from existing or projected residential area) and neighborhood or community centers; public or 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.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      3.    Multi-family dwellings up to thirty two (32) units per lot, special services residences for up to sixteen (16) occupants, parks, recreational facilities, healthcare facilities, class B home occupations, single-family residences moved in, and recreational areas.

         a.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    If moving a building, the provisions of section 10-5-3 of this title are considered and satisfactorily met.

         e.    If adequate draining plan, a lesser roof slope may be considered on large multi-family structures.

      4.    Daycare facilities serving more than twelve (12) persons, residential care facilities serving more than seven (7) persons, and group family daycare facilities licensed under Minnesota rules, parts 9502.0315 to 9502.0445, serving more than fourteen (14) persons; provided that:

         a.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         b.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         c.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      5.    Production, bulk delivery and storage, loading and unloading of train cars, for nonoffensive, nontoxic products; provided that:

         a.    Access: Lot must have railroad spur access.

         b.    Enclosure: Products are completely enclosed in a permanent structure or fenced to a height of six feet (6').

         c.    Off Street Loading: All loading and unloading of product will be done without blocking or detouring traffic on a city street. During times in which railroad car travels across public street reflective/proper street signage shall be posted on both sides of the tracks.

         d.    Control Of Nuisances: No offensive vapors, noise, or vibration(s) can be created. No products that attract rodents can be stored on these premises.

         e.    Containment Of Product: Proper measures shall be taken to ensure no loose product can wash from property area to public areas nor into the city storm sewer system.

         f.    Hours Of Operation: No loading or unloading can occur prior to seven o'clock (7:00) A.M. nor after ten o'clock (10:00) P.M.

         g.    Conditional Use: The provisions of section 10-3-3 of this title are considered and satisfactorily met. (Ord. 230, 5-6-2002; amd. Ord. 242, 4-9-2007)

   E.    Minimum Lot Requirements And Setbacks: The following minimum requirements shall be observed in an R-3 district subject to additional requirements, exceptions and modifications set forth in this title:

      1.    Lot Area:

         a.    Minimum seven thousand (7,000) square feet plus two thousand five hundred (2,500) square feet for each additional dwelling unit on lot.

         b.    Minimum livable space: One thousand (1,000) square feet.

         c.    Maximum lot coverage: Sixty percent (60%) of the total lot area.

         d.    Minimum roof slope: One to six (1:6).

      2.    Setbacks: All setbacks are from property lines. The street right of way and boulevard are not part of the setback area:

         a.    Front Yard: Not less than twenty five feet (25').

         b.    Side Yard:

            (1)    Lots: Eight feet (8').

            (2)    Accessory structures: Eight feet (8') minimum unless a garage entrance faces into a street in which case the setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         c.    Rear Yard:

            (1)    Footage: Eight feet (8').

            (2)    Accessory structures: Eight feet (8'). If a garage entrance faces onto a street the minimum setback will be eighteen feet (18') to accommodate a vehicle from encroaching onto the public right of way.

         d.    Corner Lot: If a corner lot has a boulevard area of fourteen feet (14') or more, the front yard may be set as the direction the main house entrance faces. The other side may be treated as a side yard setback. (Traffic visibility must be maintained with no extensions allowed into the side yard, i.e., deck, steps.)

   F.    Maximum Building Height: The following maximum building heights will apply in the R-3 district subject to additional requirements, exceptions, and modifications set forth in this title:

      1.    Dwelling units or principal buildings: Thirty five feet (35').

      2.    Accessory buildings: As governed by section 10-5-9 of this title.

   G.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 230, 5-6-2002)

   A.    Purpose: It is the purpose of the R-4 district to provide for the development of high quality manufactured housing park residential areas which promote the sense of quiet, well kept single-family neighborhoods.

   B.    Permitted Uses:

      1.    Single-family, detached, manufactured housing, and manufactured home park offices shall be permitted in the R-4 district unless otherwise specified in the provisions of this title. No new mobile home parks may be established unless otherwise specified in the provisions of this title. No new mobile home parks may be established or no existing mobile home parks may be expanded or modified unless zoned manufactured housing residential (R-4).

      2.    Parks, playgrounds.

   C.    Accessory Uses: The following are permitted accessory uses in an R-4 district:

      1.    Private garages, parking spaces and carports. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off street parking in full compliance with this title is provided elsewhere on the property.

      2.    Recreational vehicles and equipment.

      3.    Home occupations as regulated by section 10-5-10 of this title.

      4.    Noncommercial greenhouses and conservatories.

      5.    Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

      6.    Community laundry facilities, storm shelter, park office, recreational building(s); provided that such structures are of a permanent nature and comply with the provisions of the state uniform building code.

   D.    Conditional Uses: The following are conditional uses in an R-4 district and require a conditional use permit based upon procedures set forth in and regulated by section 10-3-3 of this title:

      1.    Convenience establishments of a commercial nature, (coin operated laundries, grocery stores, dry cleaning establishments, and beauty and barber shops) may be permitted in mobile home parks subject to the following restrictions:

         a.    Such establishments and parking areas primarily related to their operations shall not occupy more than ten percent (10%) of the area of the park.

         b.    Shall be located, designed and intended to serve frequent trade or service needs of persons residing in the park.

         c.    Shall present no visible evidence of their commercial character to any portion of any residential district outside of the park.

      2.    Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the city; provided, that:

         a.    Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      3.    Public or semipublic recreational buildings and uses including golf courses and neighborhood or community centers; public or 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, but no greater than thirty feet (30').

         b.    Adequate screening from abutting residential uses and landscaping is provided in compliance with section 10-5-5 of this title.

         c.    Adequate off street parking and access is provided on the site or on lots directly abutting and directly across a public street or alley to the principal use in compliance with section 10-5-1 of this title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with section 10-5-5 of this title.

         d.    Adequate off street loading and service entrances are provided and regulated where applicable by section 10-5-1 of this title.

         e.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

   E.    General Provisions:

      1.    Drainage And Landscaping: All land area shall be adequately drained, landscaped to control dust, and clean and free from refuse, garbage, rubbish or debris.

      2.    Tents: No tents shall be used for other than recreational purposes in a manufactured housing park.

      3.    Outdoor Camping: There shall be no outdoor camping anywhere in a manufactured housing park.

      4.    Recreational Vehicles: Allow recreational vehicle use on designated lots.

      5.    Access Approval: Access to manufactured housing parks shall be as approved by the city.

      6.    Structures: Permits must be obtained for construction of buildings or structures.

      7.    Enclosure Of Lower Areas; Inspection: The area beneath a manufactured housing unit shall be enclosed with a compatible material except that such enclosure must have access for inspection.

      8.    Storm Shelters: A manufactured housing park shall have a storm shelter adequate for the number of rental spaces. Such shelter shall have adequate heating and be maintained in a safe, clean and sanitary condition.

      9.    Completion Of Spaces Before Occupancy: The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted in a new mobile/manufactured home park shall be ten (10) units.

      10.    Length Of Rental: No space shall be rented except for periods of thirty (30) days or more.

      11.    Tie Down And Blocking Requirements: Blocking, anchors and tie downs shall be placed in accordance with Minnesota state law and regulations.

      12.    Inspection: All manufactured homes shall comply with state and local fire, health and building regulations.

      13.    Refuse Disposal: Garbage, waste and trash disposal must be approved by the city and must conform to all state and local health and pollution control regulations.

   F.    Site Plan Requirements: At the time of application for rezoning to a manufactured housing residential district (R-4), the applicant must submit a site plan to the city. The applicant shall be bound by said site plan after the rezoning to manufactured housing residential district (R-4). Thereafter, no zoning permit shall be issued unless in conformance with the approved site plan by the city council. The site plan shall include:

      1.    The name and address of all owners and developers of the proposed mobile home court.

      2.    The legal description and lot size in acres of the proposed mobile home court.

      3.    The location and size of all mobile home lots, convenience establishments, storage areas, recreation areas and facilities, landscaping, existing tree growth, water areas, roadways, sidewalks and parking sites.

      4.    Detailed landscaping and grading plans and specifications.

      5.    Plans for sanitary sewage disposal, surface drainage, fire hydrants, water systems, electrical services, gas services, cable television, street lighting, and topography diagrams.

      6.    Location and size of all public roadways abutting the mobile home park and all street and sidewalk accesses from such street and sidewalk to the mobile home court.

      7.    Preliminary road construction plans and specifications including cross section and curb details.

      8.    Preliminary floor plans and elevation for all permanent structures.

      9.    Description and method of disposing of garbage and refuse.

      10.    Staging and timing of construction program regardless of whether the entire area will be developed at one time or in stages.

      11.    Such other reasonable information as shall be required by the city.

      12.    The scale for all drawings shall be one inch (1") to one hundred feet (100').

   G.    Design Standards:

      1.    Park Size: The minimum area required for a manufactured housing park designation shall be two (2) acres.

      2.    Density: Notwithstanding the type of development concept or plan used, the maximum average density in a manufactured home park shall be twelve (12) manufactured homes per gross acre.

      3.    Individual Manufactured Housing Site (Homes 14 Feet Wide Or Less):

         a.    Minimum Land Area: Each manufactured housing site shall contain at least five thousand (5,000) square feet of land area for the exclusive use of the occupant:

            (1)    Width: No less than fifty feet (50').

            (2)    Depth: No less than one hundred feet (100').

         b.    Frontage On Street Or Roadway; Marking Of Site: Each manufactured housing site shall have frontage on an approved street or roadway and the corner of each manufactured home shall be marked and each site shall be numbered.

         c.    Individual Home Sites (Homes In Excess Of 14 Feet, But Less Than 18 Feet In Width):

            (1)    Each manufactured housing site shall contain at least six thousand fifty (6,050) square feet of land area for the exclusive use of the occupants:

               (A)    Width: No less than fifty five feet (55').

               (B)    Depth: No less than one hundred ten feet (110').

            (2)    Each manufactured housing site shall have frontage on an approved street or roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.

         d.    Individual Manufactured Housing Sites (Homes Over 18 Feet In Width):

            (1)    Each manufactured housing site shall contain at least six thousand five hundred (6,500) square feet of land area for the exclusive use of the occupant.

               (A)    Width: No less than sixty five feet (65').

               (B)    Depth: No less than one hundred feet (100').

            (2)    Each manufactured housing site shall have frontage on an approved street or roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.

         e.    Lot Coverage: The manufactured home stand and manufactured home unit including accessory structures shall not cover more than sixty five percent (65%) of the manufactured home lot.

         f.    Individual Manufactured Housing Unit Site Setbacks:

            (1)    In manufactured housing parks existing prior to November 1, 1988, no housing unit shall be located closer than ten feet (10') to its side lot lines nor closer than fifteen feet (15') to its front lot line, or within ten feet (10') of its rear lot line.

            (2)    In all manufactured housing parks developed after the adaptation of this title, no housing unit shall be located closer than ten feet (10') to its side lot lines nor closer than thirty feet (30') to its front lot line, or within ten feet (10') of its rear lot line.

            (3)    All accessory structures such as awnings, cabanas, storage sheds, carports, windbreaks, entryways or solar energy systems shall be located no closer than three feet (3') from any property line and in no case closer than ten feet (10') to the nearest adjoining manufactured home.

         g.    Building Requirements:

            (1)    No principal structure shall exceed one story or twenty five feet (25'), whichever is least.

            (2)    No accessory structure shall exceed fifteen feet (15') in height.

            (3)    The unit structure is in compliance with the Guidelines for Manufactured Housing Installation, International Conference of Building Officials, 1983, as may be amended.

            (4)    No manufactured home stand shall be used for parking more than one manufactured home.

         h.    Parking:

            (1)    Each manufactured housing site shall have off street parking space for two (2) automobiles. All parking stalls shall be completely on the home lot they serve.

            (2)    Each manufactured housing park:

               (A)    Shall maintain additional hard surfaced off street parking lot(s) for guests of occupants in the amount of one space for each three (3) home sites.

               (B)    Access drives off streets and roads to all parking spaces and unit sites shall be hard surfaced according to specifications established by the city.

         i.    Utilities:

            (1)    All manufactured housing units shall be connected to the city's public water and sanitary sewer system.

            (2)    All installations for disposal of surface storm water must be approved by the city.

            (3)    All utility connections shall be as approved by the city.

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

            (5)    All manufactured housing units shall be provided with telephone and electrical outlets.

            (6)    All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes set forth herein.

            (7)    No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related mobile home equipment.

            (8)    The owner shall pay any required sewer connection fees to the city.

            (9)    The owner shall pay inspection and testing fees to the city.

            (10)    Facilities for fire protection shall be installed as required by the city.

         j.    Internal Roads And Streets:

            (1)    Roads and streets shall be bituminous or concrete surfaced as approved by the city.

            (2)    All roads and streets shall have a concrete (mountable, roll type) curb and gutter.

            (3)    All streets shall be developed with a roadbed of not less than thirty two feet (32') in width and collector streets of not less than thirty six feet (36') in width. If parking is permitted on street then the roadbed shall be at least thirty six feet (36') in width. To qualify for the lesser sized street, adequate off street parking must be provided and demonstrated.

            (4)    The use of cul-de-sac streets in manufactured home parks shall be discouraged. If they are constructed, cul-de-sacs shall have a minimum of a forty foot (40') radius roadbed.

            (5)    State and local traffic laws shall govern the operation of motor vehicles upon all dedicated streets in a mobile/manufactured home park.

            (6)    The manufactured home park shall have a street lighting plan approved by the city.

         k.    Recreation:

            (1)    All manufactured housing parks shall have at least ten percent (10%) of the land developed for recreational use (tennis courts, children's play equipment, swimming pool, golf green, etc.) developed and maintained at the owner/operator's expense. Such areas shall be so located so as to be free of traffic hazards.

            (2)    In lieu of land dedication for public park purposes, a cash contribution as established by the city subdivision regulations, as may be amended or updated, shall be paid to the city.

         l.    Grading: Each manufactured home stand and lot shall have a longitudinal grade of not less than four percent (4%) in traverse crown or grade to provide adequate surface drainage.

         m.    Landscaping:

            (1)    Each site shall be properly landscaped with trees, hedges, grass, fences, windbreaks and the like.

            (2)    A compact hedge, redwood fence or landscaped area shall be installed around each manufactured home park and be maintained in first class condition at all times as approved.

            (3)    All areas shall be landscaped in accordance with landscaping plans approved by the city.

         n.    Lighting:

            (1)    Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment or common facilities for park occupant's use.

            (2)    The manufactured housing park grounds shall be lighted as approved by the city from sunset to sunrise.

         o.    Storage:

            (1)    Enclosed storage lockers (when provided) shall be located whether adjacent to the manufactured home in a manufactured housing park or at such other places in the park as to be convenient to the unit for which it is provided.

            (2)    Storage of large items such as boats, boat trailers, recreation vehicles, etc., shall be accommodated in a separate secured and screened area of the park. No parking of such vehicles or equipment shall be permitted on the housing site.

         p.    Removal: Manufactured home stand and lot shall be at such elevation, distance and position relative to the street or roadway and driveway that placement and removal of manufactured home with a tractor, truck or other moving equipment can be accomplished in a practical and reasonable manner.

         q.    General: For those items not specifically referenced, the design standards as established by the subdivision regulations, as may be amended, shall be utilized for general development guideline.

   H.    Registration: 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 register shall contain the following information:

      1.    The name and address of each unit occupant.

      2.    The name and address of the owner of each unit.

      3.    The make, model and year of the unit.

      4.    The state, territory or country issuing such license.

      5.    The date of arrival and departure of each unit.

      6.    The number and type of motor vehicles of residents of the park.

The park operator shall keep the register available for inspection at all times by authorized city, state and county official, public health officials and other public offices whose duty necessitates acquisition of the information contained in the register. The register shall not be destroyed until after a period of three (3) years following the date of departure of the registrant from the park.

   I.    Maintenance: The operator and/or owner of any manufactured housing park, or a duly authorized attendant and/or caretaker shall be responsible at all times for keeping the park, it facilities and equipment, in a clean, orderly, operable and sanitary condition. The attendant or caretaker shall be answerable along with said operator/owner, for the violation of any provisions of these regulations to which said owner/operator is subject.

   J.    Review Procedures: All informational elements as required in this chapter shall be submitted to the city in accordance with the normal time schedule outlined for zoning district amendments, whether or not the proposal requires a rezoning. Proposals for manufactured housing park expansions on properly zoned land shall be reviewed for compliance with the applicable standards and requirements contained in this chapter by all designated and official city review bodies.

   K.    Lot Requirements: The following minimum requirements shall be observed in the R-4 district:

      1.    Maximum lot coverage: sixty five percent (65%).

      2.    Minimum lot width: fifty feet (50').

      3.    Minimum lot size: five thousand (5,000) square feet.

      4.    Minimum liveable space: eight hundred (800) square feet.

   L.    Lot Setbacks: The following minimum requirements shall be observed in the R-4 district for any lots adjacent to a city street:

      1.    Front yard setback: twenty feet (20').

      2.    Rear yard setback: five feet (5').

      3.    Side yard setback: eight feet (8').

      4.    Corner Lot: If a corner lot has a boulevard area of fourteen feet (14') or more, the front yard may be set as the direction the main manufactured home entrance faces. The other side may be treated as a side yard setback. (Traffic visibility must be maintained with no extensions allowed into the side yard, i.e., deck, steps.)

   M.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 230, 5-6-2002)

   A.    Purpose: The purpose of the C-1 central commercial district is for the development and maintenance of a public and business district which acts as an image maker, a community center, and a primary business location for the community. It is intended to be a pedestrian oriented place which provides for a wide variety of commercial activities that will result in the most intensive and attractive use of the city's historical business center.

   B.    Permitted Uses: The following are permitted uses in a C-1 district:

      1.    Animal clinics and hospitals with no overnight care, outside pens or exercise yards.

      2.    Antique stores.

      3.    Apartments.

      4.    Appliance sales and service stores.

      5.    Art galleries, museums, art and school supply stores.

      6.    Auto service, accessory and parts stores. Minor auto repair, tire sale and service.

      7.    Bakery goods and baking goods for retail sales on the premises and bakery outlet stores.

      8.    Bank, savings and loan, savings credit unions and other financial institutions.

      9.    Barber and beauty school, business colleges, modeling school, trade and vocational schools.

      10.    Barber and beauty shops to include tanning facilities.

      11.    Bicycle sales and repair stores.

      12.    Bookstores.

      13.    Bowling alleys, billiard parlors, rollerskating and similar indoor recreational uses.

      14.    Business and professional offices.

      15.    Cable television distributors.

      16.    Camera and photographic supply stores.

      17.    Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks stores.

      18.    Carpet, rugs and tile stores.

      19.    Churches, synagogues and temples.

      20.    Civic centers, conference centers, city, county, state and federal offices, libraries, parks and playgrounds, police and fire stations.

      21.    Clinics (dental, medical and chiropractic).

      22.    Cocktail lounges and nightclubs.

      23.    Coffee or cappuccino stores.

      24.    Coin and stamp stores.

      25.    Commercial and professional offices.

      26.    Commercial film developing and processing stores.

      27.    Confectioneries.

      28.    Convenience store without gasoline.

      29.    Copy service shops.

      30.    Costume and clothing rental stores.

      31.    Dairy products store.

      32.    Dance studio.

      33.    Delicatessen.

      34.    Department and discount stores.

      35.    Drapery stores.

      36.    Drugstores.

      37.    Dry cleaning and laundries including plant accessory heretofore, pressing and repair.

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

      39.    Dry goods store.

      40.    Electrical or gas appliance stores including incidental repair and assembly hereto.

      41.    Employment agencies.

      42.    Essential services.

      43.    Fabric stores.

      44.    Finance companies.

      45.    Florists.

      46.    Furniture and home furnishing stores.

      47.    Furriers when conducted only for retail trade on the premises.

      48.    General contractors (office only).

      49.    General merchandise stores.

      50.    Gift or novelty store.

      51.    Grocery, fruit or vegetable stores, but not including sales from movable, motorized vehicles.

      52.    Grocery, supermarket.

      53.    Haberdasheries and ladies ready to wear stores.

      54.    Hardware stores.

      55.    Health clubs – including tennis, handball, racquetball, basketball, dance, bodybuilding and toning and weight and diet related facilities.

      56.    Health food stores.

      57.    Hobby shops.

      58.    Hospitals.

      59.    Insurance sales, claims and branch offices.

      60.    Interior decorating.

      61.    Jewelry stores.

      62.    Leather goods and luggage stores.

      63.    Liquor stores, including on and off sale establishments.

      64.    Locksmiths.

      65.    Mail order houses.

      66.    Massage parlors.

      67.    Meat market, but not including processing for a locker plant.

      68.    Medical and dental offices and clinics.

      69.    Mortuaries and funeral homes.

      70.    Motels, motor hotels and hotels.

      71.    Museums, art galleries, and community learning resource centers.

      72.    Music stores.

      73.    Nightclubs.

      74.    Office equipment and supply stores.

      75.    Optical centers.

      76.    Paint and wallpaper stores.

      77.    Parking lots and ramps.

      78.    Pawnshops.

      79.    Pet shops with no outside pens or exercise yards.

      80.    Plumbing and heating shops.

      81.    Plumbing, television, radio, electrical sales and such repairs as are accessory use to the retail establishment permitted within this district.

      82.    Printing shops.

      83.    Private clubs or lodges serving food and beverages.

      84.    Public and private schools.

      85.    Radio and television broadcasting studios and offices.

      86.    Real estate sales.

      87.    Record/music stores.

      88.    Restaurants, cafes, on and off sale liquor.

      89.    Sewing machine sales and service.

      90.    Shoe and footwear stores.

      91.    Shoe repair shops.

      92.    Sporting goods stores.

      93.    Tailor shops.

      94.    Tattoo parlors.

      95.    Theaters (excluding outdoor drive-in type).

      96.    Tobacco shops.

      97.    Toy stores.

      98.    Transportation terminals and stations.

      99.    Travel bureaus or agencies, transportation ticket offices.

      100.    Variety stores, 5- and 10-cent stores, and stores of similar nature.

      101.    Watch and clock repair and sales.

      102.    Wearing apparel stores.

      103.   Cannabis and low potency hemp retail.

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

      1.    Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.

      2.    Off street parking as regulated by section 10-5-1 of this title, but not including semitrailer trucks.

      3.    Off street loading as regulated by section 10-5-1 of this title.

   D.    Conditional Uses: The following uses are conditional uses in a C-1 district and require a conditional use permit based upon procedures set forth and regulated by section 10-3-3 of this title.

      1.    Public regulated utility buildings, structures necessary for the health, safety and general welfare of the community, miniwarehouse or storage garages with no outdoor storage; provided that:

         a.    Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.    Multiple-family dwelling structures up to twelve (12) units; provided that:

         a.    There is adequate off street parking in compliance with section 10-5-1 of this title.

         b.    One off street loading space in compliance with section 10-5-1 of this title.

         c.    Parking areas are screened and landscaped from view of surrounding and abutting residential districts in accordance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

         e.    All signing and informal or visual communication devices shall be in compliance with the applicable provisions of this code.

         f.    The principal use structure is in compliance with the state uniform building code.

         g.    Usable open space is equal to twenty percent (20%) of the gross lot area.

      3.    Residential facilities, daycare facilities, retirement, nursing, rest or convalescent homes; provided, that:

         a.    Only the rear yard shall be used for play or recreational areas. Said side area shall be fenced and controlled and screened in compliance with section 10-5-5 of this title.

         b.    The site and related parking and service entrances are serviced by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

         c.    Adequate off street parking is provided in compliance with section 10-5-1 of this title.

         d.    Adequate off street loading is provided in compliance with section 10-5-1 of this title.

         e.    Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

         f.    When abutting a residential district, a buffer area with screening and landscaping in compliance with section 10-5-5 of this title shall be provided.

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

         h.    All signing and informational or visual communication devices shall be in compliance with the applicable provisions of this code.

         i.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      4.    Elderly (senior citizen) housing; provided, that:

         a.    Not more than ten percent (10%) of the occupants may be under the age of sixty (60).

         b.    There is adequate off street parking in compliance with section 10-5-1 of this title.

         c.    One off street loading space in compliance with section 10-5-1 of this title.

         d.    Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with sections 10-5-1, 10-5-5, and 10-5-9 of this title.

         e.    All signing and informational or visual communication devices shall be in compliance with section 10-5-4 of this title.

         f.    The principal use structure is in compliance with the state uniform building code.

         g.    Elevator service is provided to each floor above ground level.

         h.    "Usable open space" as defined in section 10-2-1 of this title at a minimum is equal to twenty percent (20%) of the gross lot area.

         i.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      5.    Commercial car washes (drive-through, mechanical and self- service); provided that:

         a.    Stacking space is constructed subject to the approval of the city engineer.

         b.    At the boundaries of a residential district, a strip of not less than five feet (5') shall be screened in compliance with this title.

         c.    Parking or car storage space shall be screened from view of abutting residential districts in compliance with section 10-5-5 of this title.

         d.    The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the city engineer.

         e.    The entire area shall have a drainage system which is subject to the approval of the city.

         f.    All lighting shall be hooded and so directed so as not to be in violation of the provisions of section 10-5-8 of this title.

         g.    Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the city engineer.

         h.    The provisions of section 10-3-3 are considered and satisfactorily met.

      6.    Cabinet shops with no outdoor storage; provided that:

         a.    Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

         e.    Must ensure proper safety and storage of all chemicals and flammable materials on property.

      7.    Production, assembly or processing of nonoffensive electronic instruments; provided that:

         a.    Equipment is completely enclosed in a permanent structure with no outside storage.

         b.    Off street loading: A loading ramp is required on the premises as regulated by section 10-5-1 of this title.

         c.    Control of nuisances: No offensive vapors, noise, or vibration(s) can be created.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

   E.    Minimum Lot Requirements And Setbacks: The following minimum requirements shall be observed in a C-1 district subject to additional requirements, exceptions and modifications set forth in this title:

      1.    Lot area: One thousand two hundred fifty (1,250) square feet.

      2.    Lot width: Twenty five feet (25').

      3.    Setbacks are from property lines. The street right of way and boulevard are not part of the setback area:

         a.    Front yards: Zero.

         b.    Side yards: Zero–existing; three feet (3')–new structures.

         c.    Rear yards: Zero–existing; three feet (3')–new structures.

      4.    Maximum lot coverage: Eighty percent (80%).

   F.    Maximum Building Height: The following maximum building heights will apply in the C-1 district subject to additional requirements, exceptions, and modifications set forth in this title:

      1.    Principal buildings: Thirty five feet (35').

      2.    Accessory buildings: As governed by section 10-5-9 of this title.

   G.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 230, 5-6-2002; amd. Ord. 235, 6-14-2004; Ord. 240, 12-5-2005; Ord. 298, 5-19-2025)

   A.    Purpose: It is the purpose of the C-2 highway commercial district to provide for the careful and attractive development of highway oriented businesses which depend on nonlocal traffic for a substantial portion of their business and which create substantial negative impacts to city infrastructure if located in areas not adjacent to state and federal highways:

   B.    Permitted Uses: The following are permitted uses in a C-2 district:

      1.    Agricultural implement dealerships.

      2.    Amusement parks.

      3.    Animal clinics and hospitals with no overnight care, outside pens or exercise yards.

      4.    Animal hospitals, animal shelters, veterinary clinics; animal hospitals, animal shelters and veterinary clinics without outside pens or exercise yards.

      5.    Antique stores.

      6.    Appliance sales and service stores.

      7.    Art galleries, museums, art and school supply stores.

      8.    Auto service, accessory and parts stores.

      9.    Automobile and truck body repair shops (excluding salvage yards).

      10.    Auto sales, service and repair and mobile home sales, service and repair.

      11.    Bakery goods and baking goods for retail sales on the premises and bakery outlet stores.

      12.    Bank, savings and loan, savings credit unions and other financial institutions.

      13.    Barber and beauty school, business colleges, modeling school, trade and vocational schools.

      14.    Barber and beauty shops to include tanning facilities.

      15.    Bicycle sales and repair stores.

      16.    Bookstores.

      17.    Bowling alleys, billiard parlors, rollerskating, dance halls and similar indoor recreational uses.

      18.    Business and professional offices.

      19.    Cable television distributors.

      20.    Camera and photographic supply stores.

      21.    Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks stores.

      22.    Carpenter and cabinet shops.

      23.    Carpet, rugs and tile stores.

      24.    Churches, synagogues and temples.

      25.    Civic centers, conference centers, city, county, state and federal offices, libraries, parks and playgrounds, police and fire stations.

      26.    Clinics (dental, medical and chiropractic).

      27.    Coffee and cappuccino shops.

      28.    Coin and stamp stores.

      29.    Commercial and professional offices.

      30.    Commercial film developing and processing stores.

      31.    Confectioneries.

      32.    Convenience store with or without gasoline.

      33.    Copy service shops.

      34.    Costume and clothing rental stores.

      35.    Dairy products store.

      36.    Dance studio.

      37.    Delicatessen.

      38.    Department and discount stores.

      39.    Drapery stores.

      40.    Drugstores.

      41.    Dry cleaning and laundries including plant accessory heretofore, pressing and repair.

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

      43.    Dry goods store.

      44.    Electrical, heating, ventilating and air conditioning, masonry, painting and plumbing, refrigeration and roofing where outside equipment and storage does not exceed twenty thousand (20,000) square feet, provided that the outside storage area is effectively screened by a site obscuring fence at least six feet (6') in height.

      45.    Electrical or gas appliance stores including incidental repair and assembly hereto.

      46.    Employment agencies.

      47.    Entertainment: amusement parks; drive in theaters with a minimum of six foot (6') sight obscuring fence; go cart tracks provided that all of the boundary lines of the lot containing such use are located at least three hundred feet (300') from any existing residential district; health clubs.

      48.    Essential services.

      49.    Fabric stores.

      50.    Finance companies.

      51.    Florists.

      52.    Furniture and home furnishing stores.

      53.    Furniture refinishing.

      54.    Furriers when conducted only for retail trade on the premises.

      55.    Garage storage and ministorage warehouses.

      56.    General contractors (office only).

      57.    General merchandise stores.

      58.    Gift or novelty store.

      59.    Golf driving ranges, miniature golf courses and public golf courses.

      60.    Grocery, fruit or vegetable stores, but not including sales from movable, motorized vehicles.

      61.    Grocery, supermarket.

      62.    Haberdasheries and ladies ready to wear stores.

      63.    Hardware stores.

      64.    Health clubs – including tennis, handball, racquetball, basketball, dance, bodybuilding and toning and weight and diet related facilities.

      65.    Health food stores.

      66.    Heavy equipment sales, service and repair.

      67.    Hobby shops.

      68.    Hospitals.

      69.    Insurance sales, claims and branch offices.

      70.    Interior decorating.

      71.    Jewelry stores.

      72.    Leather goods and luggage stores.

      73.    Liquor stores, including on and off sale establishments.

      74.    Locksmiths.

      75.    Lumberyards provided that the outside storage area is effectively screened by a sight obscuring fence at least six feet (6') in height.

      76.    Mail order houses.

      77.    Meat market, but not including processing for a locker plant.

      78.    Medical and dental offices and clinics.

      79.    Mortuaries and funeral homes.

      80.    Motels and hotels.

      81.    Motor fuel stations, auto repair – minor and tire sales and service.

      82.    Museums, art galleries, and community learning resource centers.

      83.    Music stores.

      84.    Nurseries, landscape and gardening centers.

      85.    Office equipment and supply stores.

      86.    Optical centers.

      87.    Paint and wallpaper stores.

      88.    Parking lots and ramps.

      89.    Pawnshops.

      90.    Pet shops with no outside pens or exercise yards.

      91.    Plumbing and heating shops.

      92.    Plumbing, television, radio, electrical sales and such repairs as are accessory use to the retail establishment permitted within this district.

      93.    Printing shops.

      94.    Private clubs or lodges serving food and beverages.

      95.    Production, assembly or processing of certain nonoffensive materials:

         a.    Electrical appliances such as lighting fixtures, irons, fans and toasters.

         b.    Electrical equipment assembly, such as home radio and television receiver and home movie equipment.

         c.    Electronic instruments.

         d.    Jewelry.

         e.    Medical, dental and optical supplies.

         f.    Musical instruments.

         g.    Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers.

         h.    Scientific and precision instruments.

         i.    Metal fabrication.

      96.    Radio and television broadcasting studios and offices.

      97.    Real estate sales.

      98.    Record/music stores.

      99.    Residential uses; provided that one dwelling unit shall be allowed per commercial structure, and shall be incorporated into the commercial structure, not to be located on ground level facing onto a public street.

      100.    Restaurants: drive ins; truck stops; provided, that the parking area containing such use shall be located at least one hundred fifty feet (150') from any existing residential district.

      101.    Restaurants, cafes, on and off sale liquor.

      102.    Rodeo/horse riding facility.

      103.    Sewing machine sales and service.

      104.    Shoe and footwear stores.

      105.    Shoe repair shops.

      106.    Softball/baseball complex including concessions area.

      107.    Sporting goods stores.

      108.    Storage and distribution of certain nonoffensive, nontoxic materials.

      109.    Tailor shops.

      110.    Tattoo parlors.

      111.    Theaters (excluding outdoor drive in type).

      112.    Tobacco shops.

      113.    Toy stores.

      114.    Transportation terminals and stations.

      115.    Travel bureaus or agencies, transportation ticket offices.

      116.    Variety stores, 5 and 10 cent stores, and stores of similar nature.

      117.    Watch and clock repair and sales.

      118.    Wearing apparel stores.

      119.   Cannabis and hemp manufacturing, cannabis wholesale and cannabis and low potency hemp edible retail.

   C.    Accessory Uses: The following are permitted accessory uses in a C-2 area:

      1.    Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.

      2.    Off street parking as regulated by section 10-5-1 of this title, but not including semitrailer trucks.

      3.    Off street loading as regulated by section 10-5-1 of this title.

      4.    Dwelling units for guards and custodians but such dwelling units shall not occupy the front portion of the ground floor and shall not contain more than one bedroom.

      5.    Outdoor storage, sales, rental and service subject to section 10-5-10 of this title.

      6.    The stockpiling of black dirt and landscaping rock and materials accessory to nurseries and garden centers.

   D.    Conditional Uses: The following are conditional uses in a C-2 district and require a conditional use permit based upon procedures set forth in and regulated by section 10-3-3 of this title:

      1.    Public regulated utility buildings, structures necessary for the health, safety and general welfare of the community; provided that:

         a.    Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.    Multiple-family dwelling structures up to thirty six (36) units; provided that:

         a.    There is adequate off street parking in compliance with section 10-5-1 of this title.

         b.    One off street loading space in compliance with section 10-5-1 of this title.

         c.    Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with section 10-5-5 of this title.

         d.    All signing and informal or visual communication devices shall be in compliance with the applicable provisions of this code.

         e.    The principal use structure is in compliance with the state uniform building code.

         f.    Usable open space is equal to twenty percent (20%) of the gross lot area.

         g.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

         h.    Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

      3.    Residential facilities, daycare facilities, retirement, nursing, rest or convalescent homes; provided, that:

         a.    Only the rear yard shall be used for play or recreational areas. Said side area shall be fenced and controlled and screened in compliance with section 10-5-5 of this title.

         b.    The site and related parking and service entrances are serviced by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

         c.    Adequate off street parking is provided in compliance with section 10-5-1 of this title.

         d.    Adequate off street loading is provided in compliance with section 10-5-1 of this title.

         e.    Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

         f.    When abutting a residential district, a buffer area with screening and landscaping in compliance with section 10-5-5 of this title shall be provided.

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

         h.    All signing and informational or visual communication devices shall be in compliance with the applicable provisions of this code.

         i.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      4.    Elderly (senior citizen) housing; provided, that:

         a.    Not more than ten percent (10%) of the occupants may be under the age of sixty (60).

         b.    There is adequate off street parking in compliance with section 10-5-1 of this title.

         c.    One off street loading space in compliance with section 10-5-1 of this title.

         d.    Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with sections 10-5-1, 10-5-5, and 10-5-9 of this title.

         e.    All signing and informational or visual communication devices shall be in compliance with section 10-5-4 of this title.

         f.    The principal use structure is in compliance with the state uniform building code.

         g.    Elevator service is provided to each floor above ground level.

         h.    "Usable open space" as defined in section 10-2-1 of this title at a minimum is equal to twenty percent (20%) of the gross lot area.

         i.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      5.    Commercial car washes (drive-through, mechanical and self- service); provided that:

         a.    Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the city engineer.

         b.    At the boundaries of a residential district, a strip of not less than five feet (5') shall be screened in compliance with this title.

         c.    Parking or car storage space shall be screened from view of abutting residential districts in compliance with section 10-5-5 of this title.

         d.    The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the city engineer.

         e.    The entire area shall have a drainage system which is subject to the approval of the city.

         f.    All lighting shall be hooded and so directed so as not to be in violation of the provisions of section 10-5-8 of this title.

         g.    Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the city engineer.

         h.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      6.    Drive-in type restaurants and convenience food establishments provided that:

         a.    There is adequate off street parking in compliance with section 10-5-1 of this title.

         b.    There is adequate stacking space for drive-in service so as to prevent stacking on public streets or stacking which would interfere with the required parking lots.

      7.    Single-family residential provided that:

         a.    They are in compliance with all provisions of R-2 district.

         b.    Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

         c.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      8.   High density multiple-family apartment dwellings with multiple principal structures on one lot; provided that:

         a.   There is adequate off-street parking with minimum as follows: 1½ spaces per efficiency unit; 2 spaces for 1 and 2 bedroom units; and 2½ spaces for 3 or more bedroom units. Spaces required are in excess of those accessible parking stalls required by state or federal law. No off-street parking space may be used to meet the parking space requirements of this title if a separate fee is charged to the tenant for the use of the space over and above the basic rent for the dwelling unit.

         b.   Lot Size Requirements: The following minimum requirements shall be observed.

            (1)   Lot area one thousand five hundred (1,500) square feet per dwelling unit.

            (2)   Lot width one hundred feet (100').

            (3)   Lot depth one hundred thirty feet (130').

         c.   Setbacks: Setbacks shall be of sufficient width to accommodate required buffering, screening and landscaping, required by section 10-5-5 of this title.

            (1)   Front yard: Not less than twenty-five feet (25').

            (2)   Side yard: Forty feet (40') along any principal or minor arterial. Thirty feet (30') along any other street. Twenty feet (20') for any other side yard setback.

               (A)   Accessory building, structures, and uses: A minimum of five feet (5') from a lot line, except a minimum of twelve feet (12') from a lot line when abutting a street right-of-way.

            (3)   Rear yard: Principal buildings: Twenty-five feet (25').

               (A)   Accessory buildings, structures, and uses: A minimum of five feet (5') from a lot line, except a minimum of twelve feet (12') from a lot line when abutting a street right-of-way.

         d.   Maximum Building Height:

            (1)   Dwelling units or principal buildings: Forty-five feet (45').

            (2)   Accessory buildings: Twenty feet (20').

         e.   Maximum Building Coverage: No structure or combination of structures shall occupy more than seventy percent (70%) of the lot area.

         f.   Vehicular Entrances To Lot: Minimum Requirements: Two (2) entrances to the property with at least a clear twenty-five feet (25') driving lane for emergency vehicles to travel with access to one (1) side of each principal building (long side). Entrances shall create a minimum of conflict with through traffic movement.

         g.   All signing and informal or visual communication devices shall be in compliance with the applicable provision of this code.

         h.   Fire Protections: The city may require the applicant to provide a utility easement and pay for the extension of a fire hydrant if the buildings are placed in such a way as to exceed the recommended distance from an existing fire hydrant.

         i.   The provision of section 10-3-3 of this title are considered and satisfactorily met.

   E.    Minimum Lot Requirements And Setbacks: The following minimum requirements shall be observed in a C-2 district subject to additional requirements, exceptions and modifications set forth in this title:

      1.    Lot Area:

         a.    Lot area: Five thousand (5,000) square feet.

         b.    Multi-family dwelling units: Require a minimum seven thousand (7,000) square feet (plus 2,500 square feet for each additional dwelling unit on lot).

      2.    Maximum Lot Coverage: Sixty percent (60%).

      3.    Setbacks: All setbacks are from property lines. The street right of way and boulevard are not part of the setback area.

         a.    Front yard: Twenty feet (20').

         b.    Side yard: Ten feet (10').

         c.    Rear yard: Ten feet (10').

      4.    Corner Lot: Only one front yard is required on the side that faces the main public street and may have the main building entrance. The remaining side may use side lot setbacks provided no structure or visual impediment is constructed within a distance of thirty five feet (35') from the intersection of the property lines of the two (2) streets.

   F.    Maximum Building Height: The following maximum building heights will apply in the C-2 district subject to additional requirements, exceptions, and modifications set forth in this title:

      1.    Principal building: Seventy feet (70').

      2.    Accessory building: As governed by section 10-5-9 of this title.

   G.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 230, 5-6-2002; amd. Ord. 264, 4-7-2014; Ord. 282, 9-14-2020; Ord. 298, 5-19-2025)

   A.   Purpose: It is the purpose of the C-2a Highway Downtown commercial district to provide for the careful and attractive development of highway oriented businesses which depend on nonlocal traffic for a substantial portion of their business and which create substantial negative impacts to city infrastructure if located in areas not adjacent to state and federal highways:

   B.   Permitted Uses: The following are permitted uses in a C-2a district:

      1.   Appliance sales and service stores.

      2.   Art galleries, museums, art and school supply stores.

      3.   Bakery goods and baking goods for retail sales on the premises and bakery outlet stores.

      4.   Bank, savings and loan, savings credit union and other financial institutions.

      5.   Barber and beauty school, business colleges, modeling school, trade and vocational schools.

      6.   Barber and beauty shops to include tanning facilities.

      7.   Bicycle sales and repair stores.

      8.   Bookstores.

      9.   Bowling alleys, billiard parlors, rollerskating, dance halls and similar indoor recreational uses.

      10.   Business and professional offices.

      11.   Cable television distributors.

      12.   Camera and photographic supply stores

      13.   Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks stores.

      14.   Cannabis and low potency hemp edible retail.

      15.   Carpenter and cabinet shops.

      16.   Carpet, rugs and tile stores.

      17.   Churches, synagogues and temples.

      18.   Civic centers, conference centers, city, county, state and federal offices, libraries, parks and playgrounds, police and fire stations.

      19.   Clinics (dental, medical and chiropractic).

      20.   Coffee and cappuccino shops.

      21.   Coin and stamp stores.

      22.   Commercial and professional offices.

      23.   Commercial car washes (drive-through, mechanical and self service).

      24.   Commercial film developing and processing stores.

      25.   Confectioneries.

      26.   Convenience store with or without gasoline.

      27.   Copy service shops.

      28.   Costume and clothing rental stores.

      29.   Dairy products store.

      30.   Dance Studio.

      31.   Daycare Facilities.

      32.   Delicatessen.

      33.   Department and Discount Stores.

      34.   Drapery stores.

      35.   Drugstores.

      36.   Dry cleaning and laundry include plant accessories, pressing and repair.

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

      38.   Dry goods store.

      39.   Electrical or gas appliance stores including incidental repair and assembly hereto.

      40.   Employment agencies.

      41.   Entertainment: Amusement parks; drive in theaters with a minimum of six foot (6') sight obscuring fence; go cart tracks provided that all of the boundary lines of the lot containing such use are located at least three hundred feet (300') from any existing residential district; health clubs.

      42.   Essential services.

      43.   Fabric stores.

      44.   Finance companies.

      45.   Florist.

      46.   Furniture and home furnishing stores.

      47.   Furniture refinishing.

      48.   Furriers when conducted only for retail trade on the premises.

      49.   Garage storage and ministorage warehouses.

      50.   General contractors (office only).

      51.   General merchandise stores.

      52.   Gift or novelty store.

      53.   Golf driving ranges, miniature golf courses and public golf courses.

      54.   Grocery, fruit, or vegetable stores, but not including sales from movable, motorized vehicles.

      55.   Grocery, supermarket.

      56.   Haberdasheries and ladies ready to wear stores.

      57.   Hardware stores.

      58.   Health Clubs-including tennis, handball, racquetball, basketball, dance, bodybuilding and toning and weight and diet related facilities.

      59.   Health food stores.

      60.   Hobby shops.

      61.   Hospitals.

      62.   Insurance sales, claims and branch offices.

      63.   Interior decorating.

      64.   Jewelry stores.

      65.   Leather goods and luggage stores.

      66.   Liquor stores, including on and off sale establishments.

      67.   Locksmiths.

      68.   Mail order houses.

      69.   Meat market, but not including processing for a locker plant.

      70.   Medical and dental offices and clinics.

      71.   Mortuaries and funeral homes.

      72.   Motels and hotels.

      73.   Motor fuel stations, auto repair-minor and tire sales and service.

      74.   Museums, art galleries, and community learning resource centers.

      75.   Music stores.

      76.   Nurseries, landscape and gardening centers.

      77.   Nursing homes and memory care facilities.

      78.   Office equipment and supply stores.

      79.   Optical centers.

      80.   Paint and wallpaper stores.

      81.   Parking lots and ramps.

      82.   Printing shops.

      83.   Private club or lodges serving food and beverages.

      84.   Radio and television broadcasting studios and offices.

      85.   Real estate sales.

      86.   Record/music stores.

      87.   Recreation facilities including wellness and community centers.

      88.   Recreational Vehicle & Marine Sales.

      89.   Residential uses; provided that it be incorporated into the commercial structure, not to be located on ground level facing onto a public street (mixed use).

      90.   Restaurants: drive ins; drive through; truck stops; provided, that the parking area containing such use shall be located at least one hundred fifty feet (150') from any existing residential district.

      91.   Restaurants, cafes, on and off sale liquor.

      92.   Senior/assisted living facilities.

      93.   Sewing machine sales and service.

      94.   Shoe and footwear stores.

      95.   Shoe repair shops.

      96.   Softball/baseball complex including concessions area.

      97.   Sporting goods stores.

      98.   Tailor shops.

      99.   Tattoo parlors.

      100.   Theaters

      101.   Tobacco shops

      102.   Toy stores.

      103.   Travel bureaus or agencies, transportation ticket offices.

      104.   Variety stores, 5 and 10 cent stores, and stores of similar nature.

      105.   Watch and clock repair and sales.

      106.   Wearing apparel stores.

   C.   Accessory Uses: The Following are permitted accessory uses in a C-2a area:

      1.   Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.

      2.   Off street parking as regulated by section 10-5-1 of this title, but not including semitrailer trucks.

      3.   Off street parking as regulated by section 10-5-1 of this title.

      4.   Dwelling units for guards and custodians but such dwelling units shall not occupy the front portion of the ground floor and shall not contain more than one bedroom.

      5.   Outdoor storage, sales, rental and service subject to section 10-5-10 of this title.

      6.   The stockpiling of black dirt and landscaping rock and materials accessory to nurseries and garden centers.

   D.   Conditional Uses: The following are conditional uses in a C-2a district and require a conditional use permit based upon procedures set forth in and regulated by section 10-3-3 of this title:

      1.   Public regulated utility buildings, structures necessary for the health, safety and general welfare of the community; provided that:

         a.   Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.   Equipment is completely enclosed in a permanent structure with no outside storage.

         c.   Adequate screening from neighboring uses and landscaping is provided in compliance with division J of this section.

         d.   The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.   Multiple-family dwelling structures up to thirty six (36) units; provided that:

         a.   There is adequate off street parking in compliance with section 10-5-1 of this title.

         b.   One off street loading space in compliance with section 10-5-1 of this title.

         c.   Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with division J of this section.

         d.   All signing and informal or visual communication devices hall be in compliance with the applicable provisions of this code.

         e.   The principal use structure is in compliance with the state uniform building code.

         f.   Usable open space is equal to twenty percent (20% of the gross lot area.

         g.   The provisions of section 10-3-3 of this title are considered and satisfactorily met.

         h.   Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

      3.   Single-family residential provided that:

         a.   They are in compliance with all provisions of R-2 district.

         b.   Vehicular entrances to parking or service areas shall create minimum of conflict with through traffic movement.

         c.   The provisions of section 10-3-3 of this title are satisfactorily met.

      4.   High density multiple-family apartment dwellings with multiple principal structures on one lot; provided that:

         a.   There is adequate off-street parking with minimum as follows: 1 1/2 spaces per efficiency unit; 2 spaces for 1 and 2 bedroom units; and 2 1/2 spaces for 3 or more bedroom units. Spaces required are in excess of those accessible parking stalls required by state or federal law. No off-street parking space may be used to meet the parking space requirements of this title if a separate fee is charged to the tenant for the use of the space over and above the basic rent for the dwelling unit.

         b.   Lot Side Requirements: The following minimum requirements shall be observed.

            (1)   Lot area one thousand five hundred (1,500) square feet per dwelling unit.

            (2)   Lot width one hundred fee (100').

            (3)   Lot depth one hundred thirty feet (130').

         c.   Setbacks: Setbacks shall be of sufficient width to accommodate required buffering, screening and landscaping, required by division J of this section.

            (1)   Front Yard: Not less than twenty-five feet (25').

            (2)   Side Yard: Forty feet (40') along any principal or minor arterial. Thirty feet (30') along any other street. Twenty feet (20') for any other side yard setback.

               (A)   Accessory building, structure and uses: A minimum of five feet (5') from a lot line, except a minimum of twelve feet (12') from a lot line when abutting a street right-of-way.

            (3)   Rear Yard: Principal buildings: Twenty-five feet (25').

               (B)   Accessory building, structures and uses: A minimum of five feet (5') from a lot line, except a minimum of twelve feet (12') from a lot line when abutting a street right-of-way.

         d.   Maximum Building Height:

            (1)   Dwelling units or principal buildings: Forty-five feet (45').

            (2)   Accessory buildings: Twenty feet (20').

         e.   Maximum Building Coverage: No structure or combination of structures shall occupy more than seventy percent (70%) of the lot area.

         f.   Vehicular Entrances To Lot: Minimum requirements: Two (2) entrances to the property with at least a clear twenty-five feet (25') driving lane for emergency vehicles to travel with access to one (1) side of each principal building (long side). Entrances shall create a minimum of conflict with trough traffic movement.

         g.   All signing and informal or visual communication devices shall be in compliance with the applicable provisions of this code.

         h.   Fire Protections: The city may require the applicant to provide a utility easement and pay for the extension of a fire hydrant if the buildings are placed in such a way as to exceed the recommended distance from an existing fire hydrant.

         i.   The provisions of 10-3-3 of this title are considered and satisfactorily met.

   E.   Minimum Lot Requirements and Setbacks: The following minimum requirements shall be observed in a C-2a district subject to additional requirements, exceptions and modifications set forth in this title:

      1.   Lot Area:

         a.   Lot area: Five Thousand (5,000) square feet.

         b.   Multi-family dwelling units: require a minimum seven thousand (7,000) square feet (plus 2,500 square feet for each additional dwelling unit on lot).

      2.   Maximum Lot Coverage: Eighty five percent (85%).

      3.   Setbacks: All setbacks are from property lines. The street right of way and boulevard are not part of the setback area.

         a.   Front Yard: Twenty feet (20')

         b.   Side Yard: Ten feet (10')

            (1)   Side yard may be zero feet (0') for connected buildings.

         c.   Rear Yard: Ten feet (10').

      4.   Corner Lot: Only one front yard is required on the side that faces the main public street and may have the main building entrance. The remaining side may use side lot setbacks provided no structure or visual impediment is constructed within a distance of thirty five feet (35') from the intersection of the property lines of the two (2) streets.

   F.   Maximum Building Height: The following maximum building height will apply in the C-2a district subject to additional requirements, exceptions, and modifications set forth in this title:

      1.   Principal building: Seventy feet (70').

      2.   Accessory building: As governed by section 10-5-9 of this title.

   G.   Supplemental Standards: The supplemental standards for Off Street Parking and General Yard, Lot Area, and Building Requirements are listed and enforced under chapter 5 of this title (10-5-1 & 10-5-8).

   H.   Street Widths:

      1.   Widths: Street right of way widths will be as determined in the comprehensive plan, on the official street map, and where applicable, must conform to the county and state standards for trunk highways and functionally classed roadways. All road widths shall follow Chapter 12-5-7 with exception of roads within this zoning district with On Street 60° angle parking which may have a 26' drive lane with an 80' right of way as shown in the typical sections for the Improvement District.

      2.   All other street widths and designs shall follow Chapter 12-5-7.

   I.   Signs:

      1.   Purpose: The Purpose and intent of this sign ordinance regulating signs of all types is to:

         a.   Preserve and protect the public health, safety and welfare within the city of Hawley.

         b.   Encourage development of private property in harmony with the desired character of the city while providing due regard for the public and private interests involved.

         c.   Promote the effectiveness of signs by preventing their over concentration, improper placement, deterioration, and excessive size and number.

         d.   Enhance the flow of traffic and the convenience, ease and enjoyment of travel within the city of Hawley.

         e.   Protect Travelers in the city of Hawley from injury or damage as a result of distraction or obstruction of vision attributable to signs.

         f.   Reduce advertising distractions which may contribute to traffic accidents.

         g.   Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public structures and spaces shall be protected by exercising reasonable control over the character and design of sign structures.

         h.   Provide an improved visual environment for the citizens of and visitors to the city of Hawley.

         i.   Require that signs are properly maintained for safety and visual appearance.

      2.   Maintenance Provision: All exterior signs are required to be maintained in sound structural condition and nonweathered appearance. This is essential to protect the public’s safety and to retain good property values for all property owners in the city limits.

      3.   Exempt Signs: The following signs are exempt from the application of the regulations herein, provided that any exempt sign, if illuminated, be internally illuminated or lit so that the light source is directed away from adjoining residences, streets, or sidewalks:

         a.   Signs not exceeding two (2) square feet in area and bearing only property numbers, post box numbers and names of occupants of premises.

         b.   A sign not exceeding two (2) square feet in area which is nonilluminated and mounted flat against the wall of the principal building is allowed for home occupations.

         c.   Flags and insignias of any government except when displayed in connection with a commercial promotion.

         d.   An advertising sign in connection with a lawfully maintained nonconforming use or conditional use, which complies with the conditions of approval, if any, and subsection 4 of this section.

         e.   Legal notices, identification, informational or directional signs erected or required by governmental bodies.

         f.   A sign advertising only the sale, rental or lease of the building or premises, which may not exceed sixteen (16) square feet in area and five feet (5') in height.

         g.   A sign not to exceed thirty two (32) square feet in area is permitted for each entrance to a subdivision or tract identifying the subdivision or tract name.

         h.   Temporary signs measuring not more than thirty two (32) square feet in area connected with political elections.

      4.   On Premises Signs: On premises signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. On premises signs include only signs directing attention to a business, profession, product, service, activity or entertainment conducted, sold or offered on the same premises upon which the sign is located are permitted provided:

         a.   A sign permit must be obtained prior to installation of any signs, with the exception of signs mounted flat against a building or listed uses under exempt signs.

         b.   The on premises sign is located within this zoning district.

         c.   On premise signs shall not exceed eighty (80) square feet per tenant.

         d.   On premises signs not exceeding sixteen (16) square feet and not lighted for approved home occupations are permitted.

         e.   The foundation base and posts of all signs may not be located upon city property or rights of way unless approved by the city council.

         f.   No part of any sign or projection may protrude over the public right of way within six feet (6') of the actual or proposed curb line. Signs, marquees, awnings and similar projections may project over the right of way a maximum of six feet (6') provided no part is within six feet (6') of the curb line and that it is over eight feet (8') above the sidewalk or the average grade at property line when no sidewalk is in place. If the street is widened, the sign would have to be moved back at the owner’s expense to maintain the six foot (6') distance of the curb regulation.

         g.   No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight (8') (measured at a 45 degree angle).

         h.   All sources of artificial light other than streetlights shall be fixed directed or designed so as neither to measurably increase the amount of light to any abutting lot nor to confuse, distract, or be a hazard to vehicular traffic.

         i.   All sign installations shall also conform to Minnesota department of transportation and federal aviation authorities wherever applicable. Please note: the city has additional restrictive criteria to determine billboard placement. See subsection 5 “Off Premises Signs” of this section.

         j.   It is the obligation of the installer to call Gopher State One Call according to state law and to properly work around all underground utilities or services.

         k.   All signs must adhere to the maintenance/enforcement provisions of this title.

      5.   Off Premises Signs: Off premises signs are only permitted when in compliance with the following provisions:

         a.   A sign permit must be obtained prior to installation of any off premises signs.

         b.   The foundation base and posts of all signs may not be located upon city property or rights of way unless approved by the city council.

         c.   The off premises sign is located in this zoning district.

         d.   No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of an intersection if it shall impede vision between a height of thirty inches (30") and eight feet (8') (measured at a 45 degree angle).

         e.   All sources of artificial light other than streetlights shall be fixed, directed or designed so as not to measurable increase the amount of light to any abutting lot, street or sidewalk, nor to confuse, distract, or be a hazard to vehicular traffic.

         f.   Off premises signs must be set back from residential zoning district boundaries a distance of one hundred feet (100'). Setback dimensions will be a straight line measured from the residential district boundary to the centerline of the sign standard.

         g.   The maximum area of the sign face shall not exceed 750 square feet including border and trim, but excluding base and apron supports and other structural members.

         h.   The maximum size limitations shall apply to each side of the sign structure.

         i.   Not more that two (2) displays to each side of the sign structure shall be allowed.

         j.   The height of any off premises sign, including support structure measured from the highest centerline grade of any adjacent street, may not exceed thirty five feet (35') when located closer than one hundred feet (100') from a property line and not more than fifty feet (50') when located more than one hundred feet (100') from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street.

         k.   All sign installations shall also conform to Minnesota department of transportation and federal aviation authorities wherever applicable. Please note: The city has additional restrictive criteria to determine billboard placement.

         l.   All off premises signs shall be located a minimum of five hundred feet (500') from an intersection, measured from the radius of the roadway.

         m.   All off premise signs must be a minimum distance of five hundred feet (500') apart.

         n.   It is the obligation of the installer to call Gopher State One Call according to state law and to properly work around all underground utilities or services.

         o.   All signs must adhere to the maintenance/enforcement provisions of this section.

      6.   Portable Signs: Portable signs are permitted provided:

         a.   Annual Permit: An annual permit is required for any portable sign to verify location, safety, and visibility.

         b.   Location: The off premises sign is located in this zoning district.

         c.   Placement On City Property; Approval: The foundation base and posts of all signs may not be located upon city property or rights of way unless approved in writing by the city council.

         d.   Projection Angle: No part of any sign or projection may be located within twenty five feet (25') of the intersecting curb line of any intersection if it shall impede vision between a height of thirty inches (30') and eight feet (8') (measured at a 45 degree angle).

         e.   Lights: No portable sign may have blinking, flashing or fluttering lights or other illuminating devises which have a changing intensity, brightness or color.

         f.   Location Apart: No two (2) off premises portable signs may be located closer than three hundred feet (300') apart.

         g.   Number Limit: That only one on premises portable sign may be placed upon a parcel at any given time, except in the case of strip malls, office condos, and multiple business structures, where two (2) portable signs will be allowed on the parcel at any given time.

         h.   Other Provisions: All signs must adhere to the maintenance/enforcement provisions of this title.

         i.   Commercial/Highway Frontage Area: Advertising devices in a commercial/highway frontage area whether located on or off premises, shall comply with MnDOT requirements in addition to city requirements.

      7.   Enforcement:

         a.   The sign owner will have sixty (60) days after an official written notification from the city of Hawley to repair a deficient sign. The sign will be removed from the premises if it is an immediate danger to the public. Any costs the city incurs to enforce maintenance of a sign will be charged back to the proper sign owner.

         b.   Every person violating any of the provisions of this chapter shall be penalized in accordance with the schedule of fines established by the city council.

         c.   Nothing contained in this penalty provision shall prevent the city from obtaining a proper injunction or restraining order directed against any person violating any of the provisions of this chapter from the district court for Clay County, Minnesota, in addition to such other penalties as allowed by this chapter.

         d.   Nothing in this chapter shall preclude city employees from seeking voluntary compliance with the provisions of this chapter, or from enforcing this chapter through notices of violation, warnings or through other informal devices designed to achieve compliance in the most efficient and effective manner under the circumstances.

   J.   Fences and Screening.

      1.   Location: AIL fences shall be located entirely within the private property of the person, firm or corporation constructing or causing the construction of such fence.

      2.   Construction and Maintenance: Every fence shall be constructed in a substantial workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the zoning official is hereby authorized to commence proper proceedings for the abatement thereof.

      3.   Restrictions: Barbed wire or electric fences shall not be permitted, used or constructed in this district.

      4.   Business and Industrial District Fences:

         a.   Business and Industrial fences may be erected up to eight feet (8') in height. Fences in excess if eight feet (8') shall require a conditional use permit.

         b.   Fences which are primarily erected as a security measure may have arms projecting away from or towards the applicant’s property on which barbed wire can be fastened commencing at a point at least seven feet (7') above the ground and not to extend over the applicant’s property line.

         c.   The screening provisions for business and industrial districts shall supersede, where applicable, the provisions of this section.

      5.   Special Purpose Fences: Fences for special purposes and fences differing in construction, height, or length may be permitted by the zoning official in any district in the city provided that the reasons submitted by the applicant demonstrate the purpose is necessary to protect, buffer or improve the premises for which such fence is intended. The zoning official may stipulate the height, Location, construction and type of special fence thereby permitted.

      6.   Required Fencing and Screening:

         a.   Fencing and Screening-Business/lndustrial, MultiFamily: Where any business, industrial use or multi- family building of five (5) or more units (i.e., structure, parking or storage) abut property zoned for residential use, that business, industry or multi-family building shall provide screening along the boundary line of the residential property. Screening is not required when a business/commercial use is across the street from a residential zone. Provided, however, that the provisions of this section will not apply where a multi-family building abuts property also zoned for multi-family use. All fencing and screening specifically required by this title shall be subject to section 7 of this section and shall consist of either a fence or a greenbelt planting strip as provided for below:

            1.   A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six feet (6'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of planting shall require approval of the city.

            2.   A required screening fence shall be constructed of masonry, brick, wood, metal, vinyl or plastic. Such fence shall provide a solid screening effect five feet (5') in height for multi-family uses and at least five feet (5') for business and industrial uses. The design and materials used in constructing a required screening fence shall be subject to the approval of the city. Fences in excess of eight feet (8') in height shall require a conditional use permit.

      7.   Traffic Visibility:

         a.   Visibility At Intersections in Residential Districts: On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two feet (2') and eight feet (8') and within thirty feet (30') from the intersecting curb lines, or within twenty feet (20') from the intersecting property lines if there is no curb.

         b.   Fences, walls, and hedges: No fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two feet (2') and eight feet (8') where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. In required front yards, fences, walls, hedges or structures shall be a least seventy five percent (75%) open space for passage of air and light. No fence exceeding twenty four inches (24") in height may be erected within ten feet (1 O’) of a driveway in a required side yard abutting a street corner lot unless such fence is at least seventy five percent (75%) open

      8.   Parking Lots and Driveways Abutting Residential Districts: Whenever a parking lot or a driveway to parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a sight obscuring fence of at least five feet (5') in height shall be constructed and maintained along said side or rear lot line. (Ord. 302, 2-2-2026)

   A.    Purpose: The C-3 agriculture commercial district is established to provide for agricultural service businesses and other types of commercial activities which are primarily oriented toward:

      1.    Heavy equipment use, sale, or repair, and

      2.    Heavy truck traffic.

   B.    Permitted Uses:

      1.    Agriculture or heavy equipment sales and service.

      2.    Lumberyards.

      3.    Self-service storage.

      4.    Commercial greenhouses.

      5.    Construction or contractors offices and storage yards.

      6.   Cannabis cultivation (indoor), cannabis and hemp manufacturing, cannabis wholesale and cannabis and low potency hemp edible retail.

   C.    Conditional Uses: Grain elevators; feed mills; warehouse and freight movement; anhydrous, ammonia or petrochemical storage; pesticide and insecticide storage and mixing; waste related uses; agricultural and aggregate materials storage and sales; provided that there is compliance with:

      1.    Federal And State Compliance: All federal and state regulations are followed. Documentation showing compliance with the containment and safety regulations will be required prior to issuing a permit.

      2.    Emergency Response Plan: An emergency response plan to cover containment, emergency notification, evacuation plan, fire and explosive hazards, and material safety data sheets for all chemicals and noxious matter or material stored on the premises must be provided to the city, police department, and fire department prior to permit approval and must be updated annually.

      3.    Drainage System: A lot drainage system subject to the approval of the city engineer shall be installed.

      4.    Glare: Any lighting used to illuminate an off street parking area, signs or other structures, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of light shall be hooded or controlled in some manner so as not to light adjacent property. Bare light bulbs shall not be permitted in view of adjacent property or public right of way. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot-candles (meter reading) as measured from said property. This section shall not apply to sports stadiums and athletic fields or to public recreational facilities.

      5.    Refuse Location And Screening: All refuse and refuse handling equipment including, but not limited to, garbage cans, dumpsters and recycling containers shall be stored within the principal structure, within an accessory building, or for exterior storage, totally screened from eye level view from all neighboring uses.

      6.    Vehicular Access Points: Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with section 10-5-1 of this title and shall be subject to the approval of the city engineer.

      7.    Stacking Space: Stacking space is provided that will accommodate that number of vehicles that will be loading/unloading at the parcel within a thirty (30) minute period.

      8.    Landscape And Screening: If the parcel is adjacent to a residential district, a strip of not less than five feet (5') shall be landscaped and screened in compliance with section 10-5-5 of this title.

      9.    Exterior Storage Areas: All exterior storage areas shall be screened from view in compliance with section 10-5-8 of this title.

      10.    Control Of Nuisances: A plan to install barriers and/or surfacing of the lot, to control dust, noise, chaff, odor or any other possible nuisances from adjoining properties must be submitted.

   D.    Standards:

      1.    Front yard setback: twenty five feet (25').

      2.    Rear and side yard setback: ten feet (10').

      3.    Maximum lot coverage: sixty percent (60%).

      4.    Minimum lot width: fifty feet (50').

      5.    Minimum lot size: two thousand five hundred feet (2,500').

      6.    Minimum setback from residentially zoned lots: two hundred fifty feet (250').

   E.    Supplemental Standards: The supplemental standards are listed and enforced under chapter 5 of this title (i.e., parking lot, loading space, signs, fences and screening, drainage, traffic visibility, and grading). (Ord. 230, 5-6-2002; amd. Ord. 298, 5-19-2025)

   A.    Purpose: It is the purpose of the I-1 light industrial district to provide a place for uses which are generally considered industrial and benefit from specially designed or provided infrastructure. This district is intended to serve heavy truck traffic and assembly or distribution and warehousing functions.

   B.    Permitted Uses: The following are permitted uses in an I-1 district:

      1.    Agricultural implement dealerships.

      2.    Auto and implement dealerships.

      3.    Amusement parks.

      4.    Animal clinics and hospitals with no overnight care, outside pens or exercise yards.

      5.    Antique stores.

      6.    Appliance sales and service stores.

      7.    Art galleries, museums, art and school supply stores.

      8.    Auto sales, service and repair and mobile home sales, service and repair.

      9.    Auto service, accessory and parts stores.

      10.    Automobile and truck body repair shops (excluding salvage yards).

      11.    Bakery goods and baking goods for retail sales on the premises and bakery outlet stores.

      12.    Bank, savings and loan, savings credit unions and other financial institutions.

      13.    Barber and beauty school, business colleges, modeling school, trade and vocational schools.

      14.    Barber and beauty shops to include tanning facilities.

      15.    Bicycle sales and repair stores.

      16.    Bookstores.

      17.    Bowling alleys, billiard parlors, rollerskating and similar indoor recreational uses.

      18.    Building materials sales stores.

      19.    Business and professional offices.

      20.    Cable television distributors.

      21.    Camera and photographic supply stores.

      22.    Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks stores.

      23.    Carpenter and cabinet shops.

      24.    Carpet, rugs and tile stores.

      25.    Cartage and express facilities.

      26.    Churches, synagogues and temples.

      27.    Civic centers, conference centers, city, county, state and federal offices, libraries, parks and playgrounds, police and fire stations.

      28.    Clinics (dental, medical and chiropractic).

      29.    Coin and stamp stores.

      30.    Commercial and professional offices.

      31.    Commercial film developing and processing stores.

      32.    Confectioneries.

      33.    Convenience store with or without gasoline.

      34.    Copy service shops.

      35.    Costume and clothing rental stores.

      36.    Dairy products store.

      37.    Dance studio.

      38.    Delicatessen.

      39.    Department and discount stores.

      40.    Drapery stores.

      41.    Drugstores.

      42.    Dry cleaning and laundries including plant accessory heretofore, pressing and repair.

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

      44.    Dry goods store.

      45.    Electrical, heating, ventilating and air conditioning, masonry, painting and plumbing, refrigeration and roofing where outside equipment and storage does not exceed twenty thousand (20,000) square feet, provided that the outside storage area is effectively screened by a site obscuring fence at least six feet (6') in height.

      46.    Electrical or gas appliance stores including incidental repair and assembly hereto.

      47.    Employment agencies.

      48.    Entertainment: amusement parks; drive in theaters with a minimum of six foot (6') sight obscuring fence; go cart tracks provided that all of the boundary lines of the lot containing such use are located at least three hundred feet (300') from any existing residential district; health clubs.

      49.    Essential services.

      50.    Fabric stores.

      51.    Finance companies.

      52.    Florists.

      53.    Furniture and home furnishing stores.

      54.    Furniture refinishing.

      55.    Furriers when conducted only for retail trade on the premises.

      56.    Garage storage.

      57.    General contractors.

      58.    General merchandise stores.

      59.    Gift or novelty store.

      60.    Golf driving ranges and miniature golf courses.

      61.    Governmental and public utility buildings and structures.

      62.    Grocery, fruit or vegetable stores, but not including sales from movable, motorized vehicles.

      63.    Grocery, supermarket.

      64.    Haberdasheries and ladies ready to wear stores.

      65.    Hardware stores.

      66.    Health clubs – including tennis, handball, racquetball, basketball, dance, bodybuilding and toning and weight and diet related facilities.

      67.    Health food stores.

      68.    Heavy equipment sales, service and repair.

      69.    Hobby shops.

      70.    Hospitals.

      71.    Indoor commercial recreation.

      72.    Insurance sales, claims and branch offices.

      73.    Interior decorating.

      74.    Jewelry stores.

      75.    Leather goods and luggage stores.

      76.    Liquor stores, including on and off sale establishments.

      77.    Locksmiths.

      78.    Lumberyards provided that the outside storage area is effectively screened by a sight obscuring fence at least six feet (6') in height.

      79.    Mail order houses.

      80.    Meat market, but not including processing for a locker plant.

      81.    Medical and dental offices and clinics.

      82.    Mortuaries and funeral homes.

      83.    Motels and hotels.

      84.    Motor fuel stations, auto repair – minor and tire sale and service.

      85.    Museums, art galleries, and community learning resource centers.

      86.    Music stores.

      87.    Nightclubs.

      88.    Nurseries.

      89.    Office equipment and supply stores.

      90.    Optical centers.

      91.    Paint and wallpaper stores.

      92.    Parking lots and ramps.

      93.    Pawnshops.

      94.    Pet shops with no outside pens or exercise yards.

      95.    Plumbing and heating shops.

      96.    Plumbing, television, radio, electrical sales and such repairs as are accessory use to the retail establishment permitted within this district.

      97.    Printing shops.

      98.    Private clubs or lodges serving food and beverages.

      99.    Production, assembly or processing of certain nonoffensive materials:

         a.    Electrical appliances such as lighting fixtures, irons, fans and toasters.

         b.    Electrical equipment assembly, such as home radio and television receiver and home movie equipment.

         c.    Electronic instruments.

         d.    Jewelry.

         e.    Medical, dental and optical supplies.

         f.    Musical instruments.

         g.    Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers.

         h.    Scientific and precision instruments.

         i.    Metal fabrication.

      100.    The production, assembly or processing of materials, goods or products limited to:

         a.    Advertising products, such as signs and billboards.

         b.    Armories.

         c.    Assembly from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious stones, rubber, shell, wood (excluding lumber mills) and yarn.

         d.    Automobile repair – major.

         e.    Awnings, venetian blind and window shades.

         f.    Bakery, candy, dairy and other food products.

         g.    Bottling or distribution plants, milk or soft drinks.

         h.    Ceramic products such as pottery, figurines and small glazed tiles.

         i.    Contractor or construction office and yards such as building, cement, electrical, heating, ventilating and air conditioning, masonry, painting, plumbing, refrigeration and roofing.

         j.    Cosmetics and toiletries, drugs, perfumes and perfumed soaps and pharmaceutical products.

         k.    Drive in type restaurants and convenience food establishments.

         l.    Electrical supplies, manufacturing and assembly such as wire and cable assembly, switches, lamps, insulation and dry cell batteries.

         m.    Highway and street maintenance shops and yards.

         n.    Laboratories – research, development and testing.

         o.    Lumberyards.

         p.    Machines, iron, steel or other metal fabrication shops.

         q.    Mattress manufacturing, rebuilding and renovating.

         r.    Metal stamping and extrusion of small products such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensil.

         s.    Milk and ice processing.

         t.    Monument works.

         u.    Motor freight terminals.

         v.    Packing and crating establishments.

         w.    Publicity and bookbinding establishments.

         x.    Publicly owned recreational uses.

         y.    Recreational and mobile home sales, service and repair.

         z.    Rental establishments.

         aa.    Shell egg business, candling, packaging and distributing.

         bb.    Smoking and curing of meat products.

         cc.    Soap and detergents, packaging only.

         dd.    Storage and warehousing establishments.

         ee.    Textiles, spinning, weaving, dyeing, printing, knit goods, yarn, thread and cordage but excluding textile bleaching.

         ff.    Tools and hardware such as bolts, nuts and screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances.

         gg.    Toys, novelties and watches.

         hh.    Transportation terminals and stations.

         ii.    Truck stops.

         jj.    Uses not listed but similar to the permitted uses contained herein and consistent with the stated purpose of this district.

         kk.    Offices related to the above.

      101.    Radio and television broadcasting studios and offices.

      102.    Radio and television office and stations.

      103.    Transportation terminals.

      104.    Real estate sales.

      105.    Record/music stores.

      106.    Restaurants, cafes, on and off sale liquor.

      107.    Restaurants – drive ins; truck stops; provided, that the parking area containing such use shall be located at least one hundred fifty feet (150') from any existing residential district.

      108.    Sewing machine sales and service.

      109.    Shoe and footwear stores.

      110.    Shoe repair shops.

      111.    Sporting goods stores.

      112.    Storage and distribution of certain nonoffensive, nontoxic materials.

      113.    Storage garages and miniwarehouses with no outdoor storage.

      114.    Tailor shops.

      115.    Tattoo parlors.

      116.    Theaters (excluding outdoor drive in type).

      117.    Tobacco shops.

      118.    Toy stores.

      119.    Transportation terminals and stations.

      120.    Travel bureaus or agencies, transportation ticket offices.

      121.    Variety stores, 5 and 10 cent stores, and stores of similar nature.

      122.    Warehousing of nonexplosive material or equipment.

      123.    Watch and clock repair and sales.

      124.    Wearing apparel stores.

      125.    Wholesale business and office establishments.

      126.   Cannabis cultivation (indoor and outdoor), cannabis and hemp manufacturing, cannabis wholesale and cannabis and low potency hemp edible retail.

   C.    Accessory Uses: The following are permitted accessory uses in an I-1 district:

      1.    Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.

      2.    Off street parking as regulated by section 10-5-1 of this title, but not including semitrailer trucks.

      3.    Off street loading as regulated by section 10-5-1 of this title.

      4.    Outdoor storage, sales, rental and service subject to section 10-5-10 of this title.

   D.    Conditional Uses: The following are conditional uses in an I-1 district and require a conditional use permit based upon procedures set forth and regulated by section 10-3-3 of this title:

      1.    Public regulated utility buildings, structures necessary for the health, safety and general welfare of the community; provided that:

         a.    Compatibility with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

         b.    Equipment is completely enclosed in a permanent structure with no outside storage.

         c.    Adequate screening from neighboring uses and landscaping is provided in compliance with section 10-5-5 of this title.

         d.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      2.    Commercial car washes (drive through, mechanical and self- service); provided that:

         a.    Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the city engineer.

         b.    At the boundaries of a residential district, a strip of not less than five feet (5') shall be screened in compliance with this title.

         c.    Parking or car storage space shall be screened from view of abutting residential districts in compliance with section 10-5-5 of this title.

         d.    The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the city engineer.

         e.    The entire area shall have a drainage system which is subject to the approval of the city.

         f.    All lighting shall be hooded and so directed so as not to be in violation of the provisions of section 10-5-8 of this title.

         g.    Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the city.

         h.    The provisions of section 10-3-3 of this title are considered and satisfactorily met.

      3.    Drive in type restaurants and convenience food establishments provided that:

         a.    There is adequate off street parking in compliance with section 10-5-1 of this title.

         b.    There is adequate stacking space for drive in service so as to prevent stacking on public streets or stacking which would interfere with the required parking lots.

         c.    Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the city.

      4.    Kennels and veterinary clinics, animal hospitals, animal shelters and pet stores with outside pens or exercise yards provided that:

         a.    Any outside area used for pens and exercise yards are to be located at least three hundred feet (300') from any existing residential use or district.

         b.    The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

         c.    Adequate off street parking is provided in compliance with section 10-5-1 of this title.

         d.    Adequate off street loading is provided in compliance with section 10-5-1 of this title.

         e.    Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement.

         f.    All signing and informational or visual communication devices shall be in compliance with the applicable provisions of this title.