Henderson City Zoning Code

PART II

REGULATIONS

§ 902.01 REGULATIONS FOR RESIDENTIAL DISTRICT I.

(A) Permitted use. In R-1, unless otherwise provided in this chapter, no building or land shall be used and no building shall hereafter be erected or structurally altered, except for one or more of the following uses:

(1) One- or two-family dwellings and their accessory buildings, apartments, flats and manufactured homes;

(2) Plant nurseries or greenhouses; farms or truck gardens, but no retail stand for the display or sale of agricultural products or any other commercial structure shall be located thereon without a conditional use permit;

(3) Public parks and playgrounds. golf courses or clubs;

(4) Churches, libraries, museums, schools, memorial buildings, including name plates and bulletin boards placed in back of the prescribed setback lines;

(5) Boarding and lodging houses; and

(6) The following uses, but only upon securing of a conditional use permit as provided in § 902.03 of this chapter:

(a) Hospitals, clinics and other buildings used for the treatment of human ailments;

(b) Automobile courts;

(d) Home which are transportable structures and designed to be used as a dwelling, but do not meet the standards of a manufactured home in some way;

(e) Manufactured home parks; and

(f) Hotels, when located within 500 feet of the central business districts: or when located on a lot facing a public park, playground, school ground or other public institution: college, church or other semi-public institution; but no business shall be conducted therein unless it is incidental and only for guests and can be entered only from the inside of the building.

(B) Height regulations. No building in the R-1 District shall hereafter be erected or structurally altered to exceed 35 feet or two and one-half stories in height.

(C) Building site regulations. In the R-1, every building designed for the housing of one or two families, together with its accessory buildings, shall be located on a building site in one ownership having an area of not less than 7,000 square feet. Every building designed for more that two families shall be located on a building site in one ownership having not less than 3,500 square feet per family; except that, the following parcels may be used as building sites for dwellings if all other regulations for the district required by this chapter are complied with: any parcel under one ownership at the time of adoption of this chapter when the owner thereof owns no adjoining land.

(D) Front yard requirements. Each lot in the R-1 District shall have a front yard of not less than 25 feet.

(E) Side yard requirements. Each lot in the R-1 District shall have two side yards, one on each side of the building, for every dwelling hereafter erected or structurally altered which does not exceed one and one-half stories, each side yard shall have a width of not less than five feet. For every such dwelling that has two stories, each side yard shall have a width of not less than eight feet. For every dwelling of two and one-half stories each side yard shall have a width of at least ten feet. The foregoing requirements for side yards shall be subject to the following modifications.

(1) The width of each side yard may be reduced to 10% of the width of any side yard be less than four feet:

(a) Any parcel of an average width of less than 40 feet which parcel was under one ownership at the time of the adoption of this chapter when the owner owns no adjoining land; and

(b) Any parcel that includes not less than one entire lot as shown on any subdivision plat recorded in the office of the Register of Deeds of this county, before adoption of this chapter.

(2) On a corner lot adjacent to a key lot, the side yard on the street side of such corner lot shall have width in addition to the here in before specified so that the total width of such side yard shall be equal to not less than 500% of the front yard depth required for the lots to the rear of such corner lot, to a maximum width required of 12 feet for such side yards; but this regulation shall not be so applied as to reduce the buildable width after providing the required interior side yard of any such corner lot to less than 20 feet.

(3) In case a dwelling is located on a lot that its front or rear faces any side lot line, the dwelling shall be not less than 25 feet from the lot line.

(4) A church, library, museum, school or memorial building shall have a side yard of 25 feet on each side adjoining a dwelling or vacant lot.

(F) Rear yard requirements. Each lot in the R-1 District shall have a rear yard of a depth equal to 20% of the depth of the lot to a maximum required depth of 25 feet for such yard (15 feet used if no alley/right-of-way access).

§ 902.02 REGULATIONS FOR RESIDENTIAL DISTRICT II.

(A) Permitted use. In Residential District II, unless otherwise provided in this chapter, no building or land shall be used and no building shall hereafter be erected or structurally altered, except for one or more of the following uses:

(1) One- or two-family dwellings and their accessory buildings;

(2) One-family manufactured homes built in conformance with M.S. §§ 327.31 to 327.35, as they may be amended from time to time; providing, the following design standards are met to assure a favorable comparison with site-built housing and to uphold public health and safety: roofs must have at least a 3/12 pitch and be covered with shingles or tile and have eaves of not less than six inches;

(3) Plant nurseries or greenhouses: farms or truck gardens, but no retail stand for the display or sale of agricultural products or any commercial structure shall be located thereon without a conditional use;

(4) Public parks and playgrounds, golf courses or clubs;

(5) Churches, libraries, museums, schools, memorial buildings, including name plates and bulletin boards placed in back of the prescribed setback lines;

(6) Boarding and lodging houses; and

(7) The following uses, but only up on securing of a conditional use permit as provided in § 903.03 of this chapter:

(a) Hospitals, clinics and other buildings used for the treatment of human ailments;

(b) Automobile courts;

(d) Homes which are transportable structures and designed to be used a dwelling, but do not meet the standards of a manufactured home in some way;

(e) Manufactured home parks;

(f) Hotels, when located within 500 feet of the Central Business Districts; or when located on a lot facing on public park, playground, school ground or other public institution; college, church or other semi-public institution, but no business shall be conducted therein unless it is incidental and only for guests and can be entered only from the inside of the building; and

(g) Apartment buildings and flats.

(B) Height regulations. No building in the R-2 District shall hereafter be erected or structurally altered to exceed 35 feet or two and one-half stories in height.

(C) Building site regulations. In the R-2 District, every building designed for the housing of one or two families, together with its accessory buildings, shall be located on a building site in one ownership having an area of not less than 7,000 square feet. Every building designed for more than two families shall be located on a building site in one ownership having not less than 3,500 square feet per family; except that, the following parcels may be used required by this chapter are compiled with: any parcel under one ownership at the time of adoption of this chapter when the owner thereof owns no adjoining land.

(D) Front yard requirements. Each lot in the R-2 District shall have a front yard not less than 25 feet.

(E) Side yard requirements. Each lot in the R-2 District shall have two side yards, one on each side of the building. For every dwelling hereafter erected or structurally altered which does not exceed one and a half stories, each side yard shall have a width of not less than five feet. For every such dwelling which has two stories, each side yard shall have a width of not less than eight feet. For every dwelling of two and half stories, each side yard shall have a width of at least ten feet. The foregoing requirements for side yards shall be subject to the following modifications.

(1) The width of each side yard may be reduced to 10% of the width of any side yard be less than four feet:

(a) Any parcel of an average width of less than 40 feet which parcel was under one ownership at the time of the adoption of his ordinance when the owner no adjoining land; and

(b) Any parcel that includes not less than one entire lot as shown on any subdivision plat recorded in the office of the Register of Deeds of the county, before the adoption of this chapter.

(2) On a corner lot adjacent to a key lot, the side yard on the street side of such corner lot shall have a width in addition to that here in before specified so that the total width of such side yard shall be equal to not less than 500% of the front yard depth required for the lots to the rear of such corner lot, to a maximum width required of 12 feet for such side yards, but this regulation shall not be so applied as to reduce the buildable width after providing the required interior side yard of any such corner lot to less than 20 feet.

(3) In case a dwelling is located on a lot that its front or rear faces any side lot line, the dwelling shall be not less than 25 feet from the lot line.

(4) A church, library, museum, school or memorial building shall have a side yard of 25 feet on each side adjoining a dwelling or vacant land.

(F) Rear yard requirements. Each lot in the R-2 District shall have a rear yard of a depth equal to 20% of the depth of the lot to a maximum required depth of 25 feet for such yard (15 feet used if no alley/right-of-way access).

(G) Foundations, placement or site and size regulations. Every building designed for the housing of one or two families shall be on a permanent concrete or treated wood foundations with a basement that will anchor the structure. The largest dimension of the home will be placed within the narrowest dimension of the lot. No such home shall have a width of less than 20 feet in the main body of the home or a ground floor space of less than 800 square feet.

§ 902.03 REGULATIONS FOR RESIDENTIAL DISTRICT III.

(A) Permitted use. In Residential District III, unless otherwise provided in this chapter, no building or land shall be used and no building shall hereafter be erected or structurally altered, except for one or more of the following uses:

(1) One- or two-family dwellings and their accessory buildings;

(2) Plant nurseries or greenhouses; farms or truck gardens, but not retail stand for the display or sale of agricultural products or any other commercial structure shall be located thereon without a conditional use;

(3) Public parks and playgrounds, golf courses or clubs;

(4) Churches, libraries, museums, schools, memorial buildings, including name plates and bulletin boards placed in back of the prescribed setback lines;

(5) Boarding and lodging houses; and

(6) The following uses, but only upon securing of a conditional use permit as provided in § 903.03 of this chapter:

(a) Hospitals, clinics and other buildings used for the treatment of human ailments;

(b) Automobile courts;

(d) One family manufactured homes built in conformance with M.S. §§ 327.31 to 327.35, as they may be amended from time to time, providing the following design standards are met to assure a favorable comparison with site-built housing and to up hold public health and safety: roofs must have at least a 3/12 pitch and be covered with shingles or tile and have eaves of not less than six inches;

(e) Hotels, when located with in 500 feet of the central business districts; or when located on a lot facing on public park, playground, school ground or other public institution; college, church, or other semi-public institution, but no business shall be conducted therein unless it incidental and only for guests and can be entered only from the inside of the building; and

(f) Apartment buildings and flats.

(B) Height regulations. In the R-3 District, every building designed for the housing shall hereafter be erected or structurally altered to exceed 35 feet or one and one-half stories in height.

(C) Building site regulations. In the R-3 District, every building designed for the housing of one or two families, together with its accessory buildings, shall be located on a building site in one ownership having an area of not less than 7,000 square feet. Every building designed for more than two families shall be located on a building site in one ownership having not less than 3,500 square feet per family; except that, the following parcels may be used as building sites for dwellings if all other regulations for the district required by this chapter are complied with: any parcel under one ownership at the time of adoption of this chapter when the owner thereof owns no adjoining land.

(D) Front yard requirements. Each lot in the R-3 District shall have a front yard of not less than 25 feet.

(E) Side yard requirements. Each lot in the R-3 District shall have two side yards, one on each side of the building. For every dwelling hereafter erected or structurally altered which does not exceed one and one-half stories, each side yard shall have a width of not less than five feet. For every such dwelling which has two stories, each side yard shall have a width of not less than eight feet. For every dwelling of two and one-half stories, each side yard shall have a width of at least ten feet. The foregoing requirements for side yards shall be subject to the following modifications.

(1) The width of each side yard may be reduced to 10% of the width of any side yard be less than four feet:

(a) Any parcel of an average width of less than 40 feet which parcel was under one ownership at the time of the adoption of this chapter when the owner owns no adjoining land; and

(b) Any parcel that includes not less than one entire lot as shown on any subdivision plat recorded in the office of the Register of Deeds of the county, before the adoption of this chapter.

(2) On a corner lot adjacent to a key lot, the side yard on the street side of such corner lot shall have a width in addition to that here in before specified so that the total width of such side yard shall be equal to not less than 500% of the front yard depth required for the lots to the rear of such corner lot, to a maximum width required of 12 feet for such side yards; but this regulation shall not be so applied as to reduce the buildable width after providing the required interior side yard of any such corner lot to less than 20 feet.

(3) In case a dwelling is located on a lot that its front or rear faces any side lot line, the dwelling shall be not less than 25 feet from the lot line for dwelling purposes and does not change the character thereof. Clinic, hospitals, barber shops, beauty parlors and animal hospitals are not home occupations.

(4) A church, library, museum, school or memorial building shall have a side yard of 25 feet on each side adjoining a dwelling or vacant lot.

(F) Rear yard requirements. Each lot in the R-3 District shall have a rear yard of a depth equal to 20% of the depth of the lot to a maximum required depth of 25 feet for such yard (15 feet used if no alley/right-of-way access).

(G) Foundations, placement or site and size regulations. Every building designed for the housing of one or two families shall be on a permanent concrete or treated wood foundation with a basement that will anchor the structure. The largest dimension of the home will be placed within the narrowest dimension of the lot. No such home shall have a width of less than 20 feet in the main body of the home or a ground floor space of less than 900 square feet.

§ 902.04 REGULATIONS FOR COMMERCIAL DISTRICT I.

(A) Permitted uses. In this district, unless otherwise provided in this chapter, no building or land shall be used and no building shall be erected or structurally altered, except for one or more of the following uses:

(1) Retail stores and shops, restaurants and clubs. At retail business, shops, restaurants, and clubs, the sale of lower-potency hemp edible and/or beverage sales shall be a permitted use when sold as an accessory to retail sales as they are defined in M.S. § 342.01;

(2) Automobile stations for the sale of gasoline, oil and accessories public garages and automobile courts;

(3) Theater, financial institutions, telephone and telegraph offices, messenger offices and professional offices;

(4) Carpenter, furniture repairing or upholstery shops, book binding shops, dressmaking shops, shoe repairing or dyeing shops, newspaper or job printing establishments, electrical, tin-smithing, plumbing, water, gas- or steam-fitting ships, paint or paper hanging shops;

(5) Self-service laundries;

(6) Other business uses which, in the opinion of the Planning Commission and the City Council, are of the same general character as the uses enumerated in this section and will not be obnoxious or detrimental to the district in which located; and/or

(7) The following uses, but only upon the securing of a conditional use permit as provided in § 903.03 of this chapter:

(a) Undertaking establishments;

(b) Any drive-in business where people are served in automobiles; and

(B) Height regulations. In the C-1 District, no building shall be erected or structurally altered to exceed 60 feet in height.

(1) On a corner lot adjacent to a key lot in the residential district, there shall be a side yard adjacent to the street of a width equal to not less than one-half the depth required for front yards on the lots to the rear of such corner lots.

(2) Along that side of every lot in the C-1 District bordering upon property in the residential districts, there shall be a side yard of a width not less than the width of a side yard required in the residential districts.

(D) Rear yard requirements. In the C-1 District, no rear yard shall be required, except as follows.

(1) Buildings currently used for dwelling purposes shall comply with the rear yard regulations of the residential districts.

(2) On every lot in the C-1 District, the rear of which borders on property in the residential districts, there shall be a rear yard of a depth equal to not less than twice the width of a side yard required in the residential districts.

(Ord. 245, passed 10-23-2024)

§ 902.05 REGULATIONS FOR THE COMMERCIAL DISTRICT II.

(A) Permitted uses. In this commercial district, unless otherwise provided in this chapter, no building or land shall be used and no building shall be erected or structurally altered, except for one or more of the following uses:

(2) Automobile stations for the sale of gasoline, oil and accessories, public garages;

(3) Theater, financial institutions, telephone and telegraph offices, messenger offices and professional offices;

(4) Carpenter, furniture repairing or upholstery shops, book binding shops, dressmaking shops, shoe repairing or dyeing shops, newspapers or job printing establishments, electrical tin-smithing, plumbing, water, gas or steam fitting shops, paint or paper hanging shops;

(5) Self-service laundries;

(7) All uses permitted without securing a conditional use permit in Residential District I; and

(8) The following uses, but only upon the securing of a conditional use permit as provided in § 903.03 of this chapter.

(a) Undertaking establishments;

(b) Any drive-in business where people are served in automobiles;

(d) All uses listed under § 902.09(F) of this chapter for Residential District I.

(B) Height regulations. In the C-2 District, no building shall be erected or structurally altered to exceed 60 feet in height.

(2) Along that side of every lot in the C-2 District bordering upon property in the residential districts, there shall be a side yard of a width not less than the width of a side yard required in the residential districts.

(D) Rear yard requirements. In the C-2 District, no rear yard shall be required, except as follows.

(1) Buildings currently use for dwelling purposes shall comply with the rear yard regulations of the residential districts.

(2) On every lot in the commercial district the rear of which borders on property in the residential districts, there shall be a rear yard of a depth equal to not less than twice the width of a side yard required in the residential districts.

(Ord. 246, passed 10-23-2024)

§ 902.06 REGULATIONS FOR AGRICULTURAL DISTRICT (A-1).

(A) Permitted uses. In the agricultural district, unless otherwise provided in this chapter, no building or land shall be used and no building shall hereafter be erected or structurally altered, except for one or more of the following uses:

(1) All uses permitted without a conditional use permit in the residential districts;

(2) Agriculture, farming and truck gardening; provided that, no agricultural building or accessory feed lot shall be located within 100 feet of any lot line abutting residential property;

(3) Water supply facilities and cemeteries; and/or

(4) The following uses, but only upon securing of a conditional use permit as provided in § 903.03 of this chapter:

(a) Commercial livestock and poultry feeding operations; provided, they comply with the state minimum standards as per M.S. Ch. 115 and 116, as they may be amended from time to time, and Laws of 1969, Ch. 847, 931 and 1046;

(b) Mineral stone or gravel excavation or extraction;

(c) Golf clubhouses, country clubs and public swimming pools; provided that, no principal structure shall be located within 40 feet of any lot in a residential district;

(d) Manufactured home parks; and

(e) Cannabinoid and/or hemp-derived product manufacture or retail sale as defined in M.S. § 342.01, and so long as said industry complies with Henderson City Code Ch. XVI pertaining to licensing and establishing of said industry.

(B) Height regulations. In the A-1 District, the following shall apply:

(1) Agricultural buildings: no restrictions; and

(2) All other buildings hereafter erected or altered in the agricultural district shall not exceed two and one-half stories or 35 feet in height.

(C) Side yard requirements. In the agricultural district, there shall be a side yard on each side of a building, having a width of not less than ten feet.

(D) Rear yard requirements. There shall be a rear yard having a depth of not less than 25% of the depth of the lot.

(E) Lot width and depth requirements. Every lot or plot of land in the agricultural district on which a single-family dwelling is hereafter erected shall have a minimum width lot of not less than 300 feet and a depth of not less than 300 feet.

(Ord. 247, passed 10-23-2024)

§ 902.07 SOLAR ENERGY AND SOLAR STRUCTURES.

(A) General practices. The general purposes of this chapter are to protect access to direct sunlight for solar energy systems and to permit use of solar energy systems to help offset the projected scarcity and high cost of conventional fuels.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SOLAR ENERGY SYSTEM. Any device or a set of devices whose primary purpose is to collect solar energy and convert and/or store it for useful purposes, or to produce generated power by means of any combination of collecting, transferring or converting solar-generated energy.

SOLAR STRUCTURE. Any residential, commercial, industrial or business structures directly connected to the solar energy system. All solar energy systems shall be considered part of the principal structure which there serve and shall not be considered as accessory structures or building in an of themselves.

(C) Permitted use. Solar energy systems and solar structures shall be permitted in all districts; provided that, the systems are in compliance with the established dimensional requirements and other provisions of this city code. Requests for variances shall be applied for and processed in the same manner as is set forth in § 903.05(D) of this code of ordinances.

(D) Access to direct sunlight. In any zone, either residential, commercial or agricultural, no owner, occupier or person in control of property shall allow vegetation or structures to be placed thereon so as to cast a shadow on a solar energy system or solar structure which is greater or higher than the shadow cast by a hypothetical wall of ten feet located along the boundary line of said property between the hours of 9:30 a.m. and 2:30 p.m., Central Standard Time, on December 21; provided, however, that, this standard shall not apply to vegetation or structures which cast a shadow upon the solar energy system at the time of its installation or as to the vegetation existing at the time of installation of the said solar energy system or solar structure. The city does encourage the use of private easements and restrictive covenants as a means to protect access to sunlight.

(E) Evidence of existing conditions. As a means of evidencing existing conditions, the owner of a solar energy system shall file with City Clerk an affidavit containing the following information:

(1) The applicant’s full name and address, together with the full name and address of the fee owner of the property if different from that of the applicant;

(2) A legal description to the property affected;

(3) A certificate of survey or other document specifying the boundary lines of the effected property upon which the solar energy system is located;

(4) The names and addresses of all abutting owners to the affected property;

(5) Attaching photographs of the affected property depicting the solar energy system, the property upon which it is located, and its location with regard to neighboring properties; and

(6) A statement by the applicant that they have served, either personally or by registered or certified mail, all adjoining property owners with a notice that the applicant would be filing an affidavit pursuant to this section with the City Clerk and that they would have 30 days of the filing of the applicant’s affidavit, the phonographs attached thereto shall be presumed to be a true and correct pictorial depiction of the solar energy system, its location upon the affected property and of all existing structures, trees, shrubbery and other vegetation upon the affected property and upon all adjoining properties. Should a timely notice of objection be filed by any adjoining property owner, no presumption hereunder shall be created.

(F) Approval of solar energy systems or solar structures. For all the permits required under § 905.04 of this chapter, no use permit, which includes a solar energy system or solar structure, shall be issued without the property owner or his or her designated agent first having obtained approval in writing from the zoning administrator with regard to a solar energy system or solar structure plan prior to issuing the building permit. Adding a solar energy system to and existing building will require a building permit.

(G) Violation. Violation of any provision of this section is declared to be a nuisance affecting the public health, safety and general welfare and shall be prohibited as specified in this section of the code of ordinances of the city.