Hector City Zoning Code
ZONING DISTRICTS
AND ZONING MAP
§ 151.080 ESTABLISHMENT OF ZONING DISTRICTS AND PROVISIONS FOR OFFICIAL ZONING MAP.
(A) For the purposes of this chapter, the city is hereby divided into districts, as shown on the official zoning map, which, together with all explanatory matter thereof, is hereby adopted by reference and declared to be part of this chapter. The districts shall be known as:
(1) AG Agricultural District;
(2) R-1 One-Family Residential District;
(3) R-2 Multiple-Family Residential District;
(4) B-1 Central Business District;
(5) B-2 Highway Commercial District; and
(6) M-1 Industrial District.
(B) The official zoning map shall be identified by the signature of the Mayor, attested to by the City Administrator and bearing the seal of the city under the following words: “This is to certify that this is the official zoning map referred to in §§ 151.075 et seq. of chapter number 151 of the City of Hector”, together with the date of adoption of this chapter. The zoning ordinance and official zoning map shall be kept on file in the office of the Zoning Administrator.
(C) Any unauthorized change of the official zoning map of whatever kind by person or persons shall be considered a violation of this chapter.
(D) All territories which may hereafter be annexed to the city shall be considered as being in the R-1, One-Family Residential District, until an amendment to this chapter shall place annexed land in a different zoning district. The Planning Commission shall review the zoning classification of any annexed land and shall report thereon to the City Council giving their recommendations as to the proper classification.
(E) Whenever any, street, alley, or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
(F) (1) Establishment of service districts. Pursuant to the authority granted by M.S. § 272.67, the city hereby divides the area within its municipal limits into an urban service district and a rural service district constituting separate taxing districts for the purpose of all municipal property taxes except those levied for the payment of bonds and judgments and interest thereon.
(2) Urban service district. The urban service district shall include all land within the boundaries of the city which are not included in the rural service district established by under this ordinance.
(3) Rural service district.
(a) The rural service district shall include only such unplatted lands, which need not be contiguous to one another, as in the judgment of the City Council at the time of adoption of this ordinance are: rural in character; are not developed for commercial, industrial, or urban residential purposes; are more than two and one-half acres in area; abut the township boundary on at least one side; and, are not benefitted to the same degree as other lands by municipal services financed by general taxation.
(b) The City Council may in the future, by amendment to this chapter, designate other lands (including lands outside the city which, if annexed) shall be included within the rural service district.
(4) Lands included within the rural service district. The following lands are designated to be included in the rural service district of the city.
(5) Transfer from rural service district to urban service district. Whenever any parcel of land, owned by one person or by two or more persons jointly or in common at the time of its inclusion in the rural service district, is platted, in whole or in part, and whenever application is made for a permit for the construction of a commercial, industrial, or urban residential development or improvement to be situated on such parcel or any part thereof, the board or officer approving such plat or building permit shall report this to the City Council, which shall make and enter a resolution transferring such parcel from the rural service district to the urban service district. The term “improvement” shall include the provision of municipal services such as sewer, water, streets, or the like. Grading of land shall not be considered as an improvement, providing that such grading is limited to that required to minimize water drainage problems, and further provided such graded areas are placed into agricultural use or reseeded within one year.
(6) Benefit ratio; tax rate.
(a) It is the judgment of the City Council that the approximate ratio that exists between the benefits resulting from the tax supported municipal services to parcels of land of like market value, situated in the rural service district and in the urban service district, respectively, is one to four and a benefit ratio of one to four is hereby established.
(b) Taxes levied for payments of bonds and judgments and interest thereon shall be in addition to such tax.
(c) The benefit ratio may be changed by amendment to this chapter; however, in no event shall the tax rate for the rural service district be less than what the tax rate for such parcel would be if taxed by the adjacent township to which the parcel is located.
(7) Annual review. Each year the City Council shall:
(a) Review the status of all lands in the rural service district to determine whether such lands continue to qualify for inclusion in said rural service district; and
(b) Review the tax ratio applicable to such lands as determined under division (F)(6) above.
(8) Services provided. Except for fire, police, and planning services, the city will provide no other services to the lands in the rural service district beyond those customarily provided by the adjacent township to which the lands are located.
(Prior Code, § 151.075) (Ord. 149, passed 3-9-1998; Ord. passed 6-9-2014)
§ 151.081 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts, as shown on the official zoning map, the following rules shall apply.
(A) Boundaries indicated as approximately following the centerlines of right-of-way lines of streets, highways, or alleys shall be construed to follow such centerlines.
(B) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(C) Boundaries indicated approximately following city limits shall be construed as following the city limits.
(D) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(E) Boundaries indicated as following rivers and streams should be construed to follow the approximate centerline of such river or stream, and should be construed as moving with the actual centerline.
(F) Boundaries indicated as approximately following section lines, quarter section lines, or quarter- quarter section lines shall be construed as following such lines.
(G) Boundaries indicated as parallel to, or extensions of, features indicated in divisions (A) through (F) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(H) Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by divisions (A) through (F) above, the City Council shall interpret the district boundaries in accordance with
§§ 151.080 through 151.091
.
(I) Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Planning Commission may permit as a special consideration, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
(Prior Code, § 151.076) (Ord. 149, passed 3-9-1998)
§ 151.082 RULES FOR STRUCTURES IN DISTRICTS.
For all principal structures, including manufactured homes, permitted in the R-1 and R-2 Districts, the following shall apply.
(A) The minimum width of the main portion of all principal dwellings, including manufactured homes, shall be not less than 24 feet, as measured across the narrowest portion. Width measurement shall not take into account overhang or other projections.
(B) All principal dwellings, including manufactured homes, shall have at least 836 square feet of habitable interior room excluding garage and basement.
(C) All principal dwellings, including manufactured homes, and principal structures shall be placed on a permanent continuous perimeter masonry, concrete, or wood foundation that meets the requirements of the State Building Code and should be insulated in accordance with the State of Minnesota Energy Codes. Siding must be attached to the home for the entire circumference of the structure and shall lap over the foundation by a minimum of one inch with eves/sofit 12-inch overhang and shall have a roof pitch or angle of at least 4/12 or greater with shingles or tile.
(D) Principal dwellings, including manufactured homes, shall have a roof of gable or hip design and be covered with a city approved roofing material.
(Prior Code, § 151.077) (Ord. 149, passed 3-9-1998; Ord. 232, passed 6-18-2007)
§ 151.083 MANUFACTURED PRINCIPAL DWELLINGS.
(A) Manufactured homes must provide the manufacturer’s approved foundation drawings as approved by the Commissioner of Administration. Homes are not permitted to remove the frames permitted by the State Building Code.
(1) Manufactured homes must be those constructed after June 15, 1976, and must bear the HUD certification seal.
(2) Tongues on all manufactured homes shall be removed.
(3) Data plate and other information for the following are required for manufactured homes:
(a) Thirty pound roof load design;
(b) Zone 2 heating design;
(c) Adequate furnace and water heater design to include the substructure. Option - separate heating supply for substructure;
(d) Approved tap-in locations for substructure water service;
(e) Three inch vent through roof location for substructure per the state’s Department of Health;
(f) Electric interlocked smoke detector schematic; and
(g) Manufacturer’s design drawings for stairway location.
(4) The following alterations of manufactured homes requires manufacturer’s approval and the alterations must be consistent with the provisions of the State Building Code and the Manufactured Home Building Code:
(a) Relocation of furnace and/or water heater; and
(b) Alteration of any structural components including roof, walls, and floor system, attaching garages, and the like.
(B) A written statement from the applicant clarifying the above is required.
(Prior Code, § 151.078) (Ord. 149, passed 3-9-1998)
§ 151.084 AG AGRICULTURAL DISTRICT.
(A) Purpose. The AG Agricultural District is intended to provide farming areas for the development of one- and two-family homes and complementary uses on larger parcels of land.
(B) Permitted principal uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached:
(1) One- and two-family detached dwellings;
(2) General farming;
(3) Truck gardens and nurseries;
(4) Forest preserves and game refuge areas;
(5) Churches, schools (private and public), and community buildings;
(6) Parks and playgrounds;
(7) Family daycare;
(8) Home occupations; and
(9) Temporary buildings or structures and use customarily incidental to any of the above listed uses when located on the same property.
(C) Conditional uses.
(1) Stables and riding academies;
(2) Office of a veterinary and animal clinic;
(3) Foster homes or group homes not licensed as Class “B” supervised living facilities;
(4) Hospitals, sanitariums, and rest homes;
(5) Gun clubs, golf courses, golf driving ranges, race tracks, and campgrounds;
(6) Cemeteries, including animal cemeteries;
(7) Raising of furbearing animals or kennels provided no cage or pen housing such animals is located nearer than 200 feet to any lot lines except that kennels may be within 100 feet of the lot lines;
(8) Airports, landing fields, hangers, masts, and other facilities for the operation of aircraft;
(9) Commercial radio and television towers and transmitters;
(10) Sanitary landfills;
(11) Migratory labor camps;
(12) Utility buildings such as substations, transformer stations, and relay stations without service or storage yards.
(D) Dimensional regulations.
(1) Minimum required lot area and dimensions.
Minimum Lot Area per Dwelling | Minimum Lot Width | Minimum Lot Depth |
30,000 Sq. Feet | 150 feet | 200 feet |
(2) Minimum required setbacks, yards, and heights.
Front Yard Setback | Side Yard Setback | Rear Yard Setback | Build Height |
25 feet | 25 feet | 50 feet | 35 feet for residential buildings 55 feet for any nonresidential building listed as a permitted use |
(Prior Code, § 151.079) (Ord. 149, passed 3-9-1998)
§ 151.085 R-1 ONE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. The R-1 Residential District is intended to provide residential areas for development of one-family homes and complementary uses on larger parcels of land.
(B) Permitted principal uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached:
(1) One-family detached dwellings;
(2) Parks and playgrounds;
(3) Family daycare;
(4) Home occupations;
(5) Temporary buildings or structures and use customarily incidental to any of the above listed uses when located on the same property.
(C) Conditional uses.
(1) Two-family and three-family houses on a lot of record prior to January 1, 1993;
(2) Golf courses and related facilities;
(3) Churches and houses of worship and related facilities;
(4) Schools;
(5) Seasonal on-site sales (such as Christmas trees);
(6) Foster homes or group homes not licensed as Class “B” supervised living facilities;
(7) Licensed day care centers;
(8) Hospitals, sanitariums, and rest homes; and
(9) Utility buildings such as substations, transformer stations, and relay stations without service or storage yards.
(D) Accessory uses.
(1) Detached garages not exceeding 1,000 square feet;
(2) Utility sheds not exceeding 192 square feet;
(3) Gazebo or summer lawn-house; and
(4) Permanent pools or game courts designed for private use.
(E) Dimensional regulations.
(1) Required lot area.
Use | Minimum Lot Area |
One-family residence | 13,000 Corner lot: 10,400 square feet |
(2) Required lot dimensions (feet).
Use | Minimum Lot Width | Minimum Lot Depth |
One-family residence | 100 Corner lot: 80 | 130 |
(3) Setbacks, yards, and heights.
(a) The above listed setback and yard requirements are subject to the following additional requirements.
Use | Front | Corner Side | Interior Side | Rear | Height |
Single-family | 25 | 25 | 6 | 25 | 35 |
Accessory Structures | N/A | N/A | 6 | 6 | 16 |
(b) There shall be a setback of six feet from an alley for all structures.
(4) Maximum lot coverage. Lot coverage shall not exceed 30%.
(Prior Code, § 151.080) (Ord. 149, passed 3-9-1998)
§ 151.086 R-2 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
(A) Purpose. The R-2 Multiple-Family Residential District allows single-family homes and complementary uses on land parcels that are smaller than those required in the R-1 District. Is also intended to provide areas offering a broad development range in housing units, yet retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements.
(B) Principal uses.
(1) Single-family dwellings;
(2) Two-family dwellings, three, four, five, and six-unit buildings, duplexes, and double bungalows;
(3) Parks and playgrounds;
(4) Family daycare serving ten or fewer persons; and
(5) Class “B” supervised living facilities serving six or fewer persons.
(C) Conditional uses.
(1) All conditional uses of the R-1 District;
(2) Seven-unit to 12-unit buildings;
(3) Neighborhood medical/dental clinics and offices, subject to maximum gross floor area of 5,000 square feet;
(4) Business and professional offices, subject to a maximum gross floor area of 5,000 square feet;
(5) Group home facility serving from seven to 16 mentally retarded or physically handicapped persons, provided there is a lot area of 800 square feet for each person accommodated;
(6) Licensed nursing homes;
(7) Private clubs, lodges, and fraternal organizations;
(8) Public or quasi-public accredited educational institutions;
(9) Mortuaries or funeral homes;
(10) Licensed boarding houses for the elderly;
(11) Bed and breakfasts; and
(12) State licensed manufactured home parks.
(D) Accessory uses. All accessory uses of the R-1 District.
(E) Dimensional regulations.
(1) Minimum lot area and dimensions.
Use | Minimum Lot Area per Dwelling Unit | Minimum Lot Width | Minimum Lot Depth |
Single-family residence | 13,000 Corner lot: 10,400 | 100 Corner lot: 80 | 130 |
Two-family residence | 13,000 Corner lot: 10,400 | 100 Corner lot: 80 | 130 |
Three or more family residence | 4,000* | None | None |
* Does not count area set aside for surface water ponding or wetland protection. | |||
(2) Setbacks and heights.
Use | Front | Corner Side | Interior Side | Rear | Height |
Single-Family Residence | 25 | 25 | 6 | 25 | 35 |
Two-Family Residence | 25 | 25 | 10 | 25 | 35 |
4-,6-, or 8-Unit Residence | 30 | 25 | 15* | 35 | 35 |
Accessory Buildings | N/A | N/A | 6 | 6 | 16 |
Notes:
*Add 6 inches for each foot the average height of the building exceeds 20 feet. -There shall be a setback of six feet from an alley for all structures. -The minimum distance between townhouse or four- to eight-family buildings when the exterior walls are parallel shall be equal to the height of the exterior wall or 15 feet, whichever is greater. Four- to eight-unit buildings shall be no closer to one another at any point than 15 feet. | |||||
(F) Parking requirements. Parking shall be provided according to the regulations of §§ 151.105 et seq. Parking areas or circulation drives shall be set back at least six feet from any lot line.
(G) Common wall dwellings. Notwithstanding other provisions of § 151.084, one developer may construct two single-family dwellings with a common wall and boundary line on which there may be no building setback from the common boundary, provided:
(1) Each lot shall meet all other setback requirements for a multiple-family dwelling; and
(2) Separate services shall be furnished and provided to each dwelling for sanitary sewer and water.
(H) Accessory buildings. Accessory buildings shall observe the same setback requirements established for the multiple residence building. The City Planning Commission may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas.
(Prior Code, § 151.081) (Ord. 149, passed 3-9-1998)
§ 151.087 B-1 CENTRAL BUSINESS DISTRICT.
(A) Purpose. The B-1 Central Business District is intended to allow retail and service business sites within the central “downtown” of the city.
(B) Permitted uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached. Highly similar uses not listed may be allowed at the discretion and review of the Planning Commission and approval of the City Council:
(1) Automobile repair and service shops;
(2) Bakeries;
(3) Banks;
(4) Barber shops;
(5) Candy and ice cream shops;
(6) Convenience food stores;
(7) Gas stations;
(8) Offices;
(9) Postal stations;
(10) Drug stores;
(11) Book stores;
(12) Flower shops;
(13) Laundromats and dry cleaning establishments;
(14) Shoe repair and sales shops;
(15) Food services including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, and delicatessens;
(16) Hardware stores;
(17) Medical services including clinics, hospitals, rest homes, and animal clinics;
(18) Hair salons;
(19) Photographic shops;
(20) Funeral homes;
(21) Apparel shops;
(22) Commercial greenhouses;
(23) Public utility buildings;
(24) Any similar commercial establishment or professional service or commercial service not specifically stated or implied elsewhere in this section;
(25) Residence when included as an integral part of the principal building to be occupied by the owner or his or her employee;
(26) Buildings and uses customarily necessary to any of the above uses which may include the repair, alteration, finishing, assembly, fabrication, or storage of goods; and
(27) Such uses shall not be detrimental either by reason of odor, smoke, noise, dust, or vibration to the surrounding neighborhood.
(C) Conditional uses.
(1) Automobile service that includes auto equipment sales, car wash service, new and used car sales lot, and trailer sales areas;
(2) Recreation services including theaters, bowling alleys, pool and billiard rooms, dance halls, and roller and ice skating rinks;
(3) Hotels, motels, private clubs and lodges, wholesale establishments, taverns, night clubs, on-off liquor stores, trade schools, commercial parking garages, and ramps;
(4) Drive-in restaurants, drive-in banks, and other drive-in services; and
(5) Buildings and uses customarily incidental to any of the uses listed in this section when located on the same property and which will not be detrimental either by reason of odor, smoke, noise, dust, or vibration to the surrounding neighborhood.
(D) Accessory uses.
(1) Any accessory use, building, or structure customarily incidental to a principal use permitted above, and located on the same lot; and
(2) Parking and loading facilities, as regulated in §§ 151.105 et seq.
(E) Dimensional regulations. For uses permitted in B-1 Districts, there will be no requirements for lot area, height, frontage, lot coverage, yard sizes, or loading space. For uses requiring conditional uses permits - lot area, height, frontage, lot coverage, yard size, and loading space shall be specified by the Planning Commission.
(F) Other requirements. Refer to §§ 151.105 et seq., Special Provisions, for additional regulations pertaining to the following:
(1) Site plan review;
(2) Access, parking, and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Outdoor storage and displays; and
(6) Building facade materials.
(Prior Code, § 151.082) (Ord. 149, passed 3-9-1998)
§ 151.088 B-2 HIGHWAY COMMERCIAL DISTRICT.
(A) Purpose. The B-2 Highway Commercial District is intended to allow wholesale, retail, and service business sites that border near U. S. Highway 212.
(B) Permitted uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached. Highly similar uses not listed may be allowed at the discretion and review of the Planning Commission and approval of the City Council:
(1) Automobile repair and service shops;
(2) Bakeries;
(3) Banks;
(4) Barber shops;
(5) Candy and ice cream shops;
(6) Convenience food stores;
(7) Gas stations;
(8) Offices;
(9) Postal stations;
(10) Drug stores;
(11) Book stores;
(12) Medical services including clinics, hospitals, rest homes, and animal clinics;
(13) Flower shops;
(14) Laundromats and dry cleaning establishments;
(15) Shoe repair and sales shops;
(16) Food services including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, and delicatessens;
(17) Hardware stores;
(18) Hair salons;
(19) Photographic shops;
(20) Funeral homes;
(21) Apparel shops;
(22) Commercial greenhouses;
(23) Recreation services including theaters, bowling alleys, pool and billiard rooms, dance halls, and roller and ice skating rinks;
(24) Hotels, motels, private clubs and lodges, wholesale establishments, taverns, night clubs, on-off liquor stores, trade schools, and commercial parking garages and ramps;
(25) Drive-in restaurants, drive-in banks, and other drive-in services;
(26) Buildings and uses customarily incidental to any of the uses listed in this section when located on the same property and which will not be detrimental either by reason of odor, smoke, noise, dust, or vibration to the surrounding neighborhoods;
(27) Lumber yards;
(28) Storage buildings;
(29) Public utility buildings;
(30) Residence when included as an integral part of the principal building to be occupied by the owner or his or her employees;
(31) Automobile service including auto equipment sales, car wash service, new and used car sales lot, trailer sales areas, gasoline service stations, and auto repair garages;
(32) Recreation services including theaters, bowling alleys, pool and billiard rooms, dance halls, and roller and ice skating rinks;
(33) Hotels, motels, private clubs and lodges, wholesale establishments, taverns, night clubs, on-off liquor stores, trade schools, and commercial parking garages and ramps;
(34) Drive-in restaurants, drive-in banks, and other drive-in services; and
(35) Buildings and uses customarily incidental to any of the uses listed in this section when located on the same property and which will not be detrimental either by reason of odor, smoke, noise, dust, or vibration to the surrounding neighborhood.
(C) Conditional use permits.
(1) Recreational camping areas; and
(2) Truck or bus terminals.
(D) Accessory uses.
(1) Any accessory use, building, or structure customarily incidental to a principal use permitted above, and located on the same lot;
(2) Parking and loading facilities, as regulated in §§ 151.105 et seq.; and
(3) Signs as regulated in §§ 151.105 et seq.
(E) Dimensional regulations.
(1) Setbacks (feet).
Building Setback From: | |
Street right-of-way | 25 |
Interior lot line | 20 |
Residential zoning boundary | 50 |
Parking Lot or Circulation Drive Front: | |
Street right-of-way | 10 |
Interior lot line | 6 |
Residential zoning boundary | 10 |
Accessory Building Setback: | |
Street right-of-way | 20 |
Interior lot line | 6 |
Residential zoning boundary | 50 |
(2) Minimum lot requirements (feet).
(a) Lot area: 15,000 sq. feet;
(b) Minimum lot width: 100; and
(c) Minimum lot depth: 150.
(1) Site plan review;
(2) Access, parking, and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Outdoor storage and displays; and
(6) Building facade materials.
(Prior Code, § 151.083) (Ord. 149, passed 3-9-1998)
§ 151.089 M-1 MANUFACTURING DISTRICT.
(A) Purpose. The M-1 Manufacturing District is intended to allow for development of areas where there is a transition in use occurring, but sites are not available which would allow for compliance with other district requirements. Industrial development will be allowed only as a conditional permitted use to ease land use transition, control development so that it is compatible with surrounding property, and establish dimensional requirements on an individual basis.
(B) Permitted uses. There are no permitted principal residential uses in the M-1 District:
(1) Any accessory use, building, or structure customarily incidental to a permitted conditional use listed below and located on the same lot therewith are not to exceed 320 square feet; and
(2) Parking and loading facilities, as regulated in §§ 151.095 et seq.
(C) Conditional uses.
(1) Buildings or land may be used for the following if granted a conditional use permit, and provided further that any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive, or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibration, radiation, refuse matter, or water-carried waste, shall be ameliorated, controlled, or limited through design, mechanical devices, screen planting, and/or walls or other measures as specified by the Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious, or offensive.
(2) Trade and services.
(a) Any retail store, personal service, or business service establishments, subject to all regulations and such permits and licenses as may be required by law, including the following and other similar uses;
(b) Automobile or trailer sales and service establishments;
(c) Building materials and hardware, retail sales/repairs;
(d) Business and professional offices;
(e) Cultural, entertainment, and recreational establishments;
(f) General merchandising, apparel and accessories, and establishments;
(g) Car wash operations, including automated lanes;
(h) Catering establishments;
(i) Churches and houses of worship and related facilities;
(j) Convenience/food goods subject to a maximum of 5,000 square feet of sales area;
(k) Dog kennels;
(l) Drive-in or drive-up restaurants, banking facilities, and the like;
(m) Furniture, home furnishing and equipment, sales, and display;
(n) Hotels and motels;
(o) Any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging, or bottling, except any use or process herein after specifically excluded or which would not be in keeping with the purpose of the district as stated above. Such determination shall be made by the Zoning Administrator upon review of the zoning permit application;
(p) Motor vehicle body shops;
(q) Post offices and other public service operations;
(r) Publishing, job printing, and blue printing;
(s) Nurseries, garden supply centers;
(t) Restaurants;
(u) Service stations; automobile repair shops (see § 151.109);
(v) Taverns;
(w) Trade and business schools;
(x) Theaters; and
(y) Warehousing, storage, and wholesaling. The storage, handling, assembly, and distribution of goods and materials for retail, wholesale, or on-site use.
(D) Dimensional regulations.
(1) Setbacks (feet).
Principal or Accessory Building Setback From: | |
Street right-of-way | 30 |
Interior lot line | 6 |
Residential zoning boundary | 50 |
Parking Lot or Circulation Drive From: | |
Street right-of-way | 10 |
Interior lot line | 6 |
Residential zoning boundary | 20 |
(2) Minimum lot requirements.
(a) No specific limits or requirements.
(b) Subject to the approval of the Planning Commission and the City Council under the conditions of the conditional use.
(E) Other requirements. Refer to §§ 151.095 et seq., Special Provisions, for additional regulations pertaining to the following:
(1) Site plan review;
(2) Access, parking, and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Outdoor storage and displays; and
(6) Building facade materials.
(Prior Code, § 151.084) (Ord. 149, passed 3-9-1998)
§ 151.090 MANUFACTURED HOME PARKS.
(A) Manufactured home parks.
(1) No manufactured home park shall be established except as a conditional use. The conditional use permit for such shall not be issued except after a public hearing. Only manufactured home parks licensed by the State Department of Health under M.S. § 327.15 and Minn. Rules parts 4630.0200 to 4630.2210, as they may be amended from time to time, shall be permitted in the city and granted a conditional use permit.
(2) No application for a conditional use permit for a manufactured home park shall be complete and no public hearing shall be held until the following information is submitted:
(a) Location and size of the manufactured home park;
(b) Location and size of each trailer site, dead storage area, recreation area, roadways, parking sites, and all setback dimensions;
(c) Detailed landscaping plans and specifications, indicating that the park shall be screened and buffered in accordance with § 151.105;
(d) Plans for sanitary sewer disposal, surface drainage, water systems, electrical services, and fuel systems; and
(e) Such other information as is necessary to ensure conformance with the requirements of this chapter.
(B) Overall minimum park requirements.
(1) Each manufactured home park shall be of sufficient size to contain at least 12 fully developed manufactured home sites and required accessory areas.
(2) Each manufactured home park shall have access to a private street which is deemed adequate to service the anticipated traffic generated by the park.
(3) Each manufactured home park shall provide public water and sewer facilities in accordance with standards determined by the city.
(4) Each manufactured home park shall provide a common central TV antenna.
(5) All fuel systems shall be maintained from a common central source metered to each individual coach site.
(6) At least 10% of the land area within each manufactured park shall be designed for development for recreational purposes. Such spaces shall be developed and maintained by the owner of the manufactured home park.
(7) Each manufactured home park shall have one or more central community buildings.
(8) No manufactured home site, off-street parking space, building, or street shall be located within 30 feet of the boundary of any manufactured home park. This boundary area shall be landscaped and screening may be required by the city.
(9) Identification signs for the park shall be limited to one sign not exceeding six square feet for each outside street frontage. Such signs may be illuminated but not flashing. The maximum height of such signs shall be 20 feet.
(10) Each manufactured home park shall have an office which is distinctly marked and illuminated. Provisions shall be made for an adult caretaker to be on duty at the park at all times. The manufactured home park office shall maintain a registry showing the names and addresses of each resident and the make, type, and license of each manufactured home and automobile belonging to occupants of the coach sites.
(11) Provisions shall be made in the plans for every manufactured home park to provide for a street fronting on each manufactured home site. Such streets may be either public or private as agreed upon between the manufactured home park developer and the city.
(12) Each manufactured home park shall have a storm shelter of adequate size for all its residents on site.
(13) All manufactured home park streets shall be constructed of either asphalt or concrete, shall meet the standards specified by the City Engineer, and shall have concrete curb and gutter.
(14) The minimum street width shall be 36 feet (measured between the backs of curbs).
(15) Streets interior to a manufactured home park shall be privately owned.
(16) No cul-de-sac street may be more than 250 feet in length.
(17) Accessory structures shall be limited to one, ten foot by 12 foot utility building, the siding and color of which matches the manufactured home.
(18) Portions of each site not occupied by buildings or parking spaces shall be landscaped.
(19) Parking shall be located within the park’s boundaries.
(C) Zoning permit requirements. Initial permits for the construction of manufactured home parks will not be issued for the development of less than 12 manufactured home sites. No permit will be issued until the developer provides site and construction plans indicating the following:
(1) Location and size of the manufactured home park;
(2) Location and size of each manufactured home site, dead storage areas, recreation area, roadways parking sites, and all setback dimensions;
(3) Detailed landscaping plans and specifications with appropriate buffering;
(4) Plans for sanitary sewer disposal, surface drainage, water systems electrical services, fuel systems, and trash disposal;
(5) Location and specifications for all streets abutting the manufactured home park and proposed driveways from such streets into the park;
(6) All road construction plans and specifications;
(7) Complete construction plans for all proposed structures; and
(8) Such other information as is necessary to ensure conformance with the requirements of this chapter.
(D) Dimensional regulations.
(1) Minimum lot dimensions (feet):
Type of Manufactured Home | Depth | Width |
Single-wide manufactured home | 100 | 50 |
Double-wide manufactured home | 115 | 65 |
Depth shall be measured from edge of the road unless the lots are platted | ||
(2) Minimum building setbacks (feet):
Use | Front | Rear | Main Entry Side | Secondary Entry Side | Interior Side | Corner Side |
Manufactured Home | 25 | 10 | 25 | 10 | - | - |
Accessory Building | 50 | 0 | - | - | 5 | 20 |
(3) No manufactured house, parking space, or accessory building may be located within 30 feet of the exterior boundary of a manufactured home park.
(4) The developer shall provide five copies of the above required plans and shall submit a detailed description of construction plans indicating the time involved, cost estimates, stage developments, if any, and a detailed description of maintenance procedures and ground supervision and methods proposed for disposal of garbage and refuse.
(5) The city may require performance bonds in amounts adequate to insure that development proposed in the plan submitted is actually completed.
(6) All developers of manufactured home parks shall provide evidence that the plans therefor have been approved by the state’s Department of Health and that the developer will comply with all recommendations, suggestions, and regulations specified by that Department relative to manufactured home park regulations.
(7) All manufactured homes shall be anchored in accordance with Minn. Rules parts 1350.2500 to 1350.3200, Stabilizing System for Manufactured Home Installation, as they may be amended from time to time.
(8) Any newly installed manufactured home older than 15 years from time of the zoning permit will require a conditional use permit.
(9) All relocated manufactured homes older than 15 years from the time of permit request require a conditional use permit. Approval may be granted, provided the following criteria are met:
(a) Interlocked smoke detectors are required in each bedroom and in the corridor;
(b) The windows must be double glaze;
(c) One egress window is required from each bedroom;
(d) Gas piping installation must be re-tested, re-inspected, and approved by the city;
(e) The electrical service must be a minimum of 100 amp circuit breaker type with ground fault interruption; and
(f) The manufactured home complies with the Manufactured Home Building Code established by M.S. § 327.31, Subd. 3, as it may be amended from time to time, and has not been altered to not comply.
(Prior Code, § 151.085) (Ord. 149, passed 3-9-1998)
§ 151.091 R-3 HIGH DENSITY RESIDENTIAL DISTRICT.
(A) Purpose. The R-3 High Density Residential District defines areas for the development of medium to high density, multiple-family dwelling structures and directly related complementary uses.
(B) Permitted uses. None.
(C) Conditional uses.
(1) Conditional uses and special provisions of the R-1 and R-2 District except for single-family houses;
(2) Multiple-family buildings, including apartments, townhouses, four-, six-, and eight-family buildings, and other residential structures containing three or more dwelling units;
(3) Apartment buildings designed and marketed exclusively for the elderly;
(4) Private parks and playgrounds/tot lots;
(5) A state licensed residential facility serving from seven through 16 persons;
(6) Group home/crisis shelters up to 5,000 square feet;
(7) Licensed day care facilities that are not permitted principal uses under state law;
(8) Conditions for “residential facilities”, group homes, crisis shelters, and licensed day care facilities shall not be imposed which are more restrictive than those imposed on conditional uses or other multi-family residential property in the same district, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility; and
(D) Accessory uses.
(1) Any accessory use building or structure customarily incidental to a use permitted above and located on the same lot therewith; and
(2) All accessory uses of the R-1 District.
(E) Dimensional regulations.
(1) Minimum lot area, width, and depth:
Use | Minimum Lot Area per Dwelling Unit | Minimum Lot Width | Minimum Lot Depth |
Three or more family residence | 4,000* | None | None |
Apartment building | Bedrooms per unit: 0: 2,500 sf/unit* 1: 3,000 sf/unit* 2: 3,000 sf/unit* 3: 3,500 sf/unit* | None | None |
Apartments for the elderly | Bedrooms per unit: 0: 1,000 sf/unit* l: 1,500 sf/unit* 2: 2,000 sf/unit* | None | None |
* Does not count area set aside for surface water ponding or wetland protection. | |||
(2) The minimum lot area requirements listed above may be adjusted as follows:
(a) For each garage (parking unit) within or under an apartment building, subtract 400 square feet from the total minimum lot area; and
(b) For each private dwelling unit entrance, subtract 400 square feet form the total minimum lot area.
(3) Setbacks and heights:
Use | Front | Corner Side | Interior Side | Rear | Height |
Three or more family residence | 30 | 25 | 15* | 35 | 35 |
Apartments | 35** | 35** | 35** | 35** | 35 |
Accessory structures | 30 | 25 | 6 | 6 | 16 |
* Add 6 inches for each foot the average height of the building exceeds 15 feet. ** No less than 35 feet or the average height of the building, whichever is greater. | |||||
(4) There shall be a setback of six feet from an alley for all structures.
(5) The minimum distance between buildings when the exterior walls are parallel shall be equal to the height of the exterior wall or 15 feet, whichever is greater. Buildings shall be no closer to one another at any point than 15 feet.
(F) Parking requirements. Parking shall be provided according to the regulations of §§ 151.105 et seq.
(G) Common wall dwellings. Notwithstanding other provisions of § 151.084, one developer may construct two single-family dwellings with a common wall and boundary line on which there may be no building setback from the common boundary, provided:
(1) Each lot shall meet all other setback requirements for a multiple-family dwelling; and
(2) Separate services shall be furnished and provided to each dwelling for sanitary sewer and water.
(H) Accessory buildings. Accessory buildings shall observe the same setback requirements established for the multiple residence building. The City Planning Commission may require common walls for accessory buildings were common walls will eliminate unsightly and hazardous areas.
(I) Required play area. Any multiple-family housing development of 24 or more dwelling units (except housing for the elderly) shall plan for and provide “tot lot” play facilities for pre-school children. The City Parks Department and the City Council shall review and approve such play facilities. Developments immediately adjacent to (not across the street from) public parks having “tot lot” facilities shall be counted as a single project.
(J) Condominiums. Condominiums, as defined and regulated by M.S. Chapter 515, as it may be amended from time to time, shall be considered as “multiple-family dwelling structures” in this chapter and shall be subject to all R-3 District requirements, except as modified by the following.
(1) Approval of condominiums floor plan. The condominium “floor plan” required by M.S. § 515.13, as it may be amended from time to time, shall not be filed with the Registrar of Deeds until the same has been tendered to and approved by the city. A transparency of the “floor plan” shall be given to the city along with a copy of declaration required by M.S. § 515.11, as it may be amended from time to time.
(2) Converting existing structure to condominium use. Where any existing multiple-family dwelling is proposed for conversion to a condominium use:
(a) The proposed condominium use shall comply with all present zoning and building requirements.
(b) A certificate of occupancy for each unit shall be at completion of construction.
(Prior Code, § 151.086) (Ord. 149, passed 3-9-1998)