Hoyt Lakes City Zoning Code

DISTRICT PROVISIONS

§ 152.085 DISTRICTS.

(A) Zoning districts. For the purpose of this chapter the city is hereby divided into the following zoning districts:

(1) Residential districts:

(a) R-1 Single-Family Residential District;

(b) R-2 Single-Family Residential District;

(d) R-4 Mobile Homes District;

(e) R-5 Two-Family and Townhouse District; and

(f) R-6 Multiple-Family Residential District.

(2) Business districts:

(a) B-1 Limited Business District;

(b) B-2 General Business District; and

(3) Industrial District;

(4) CD Conservancy District;

(5) MM Mineral Mining District;

(6) CLR Closed Landfill Restricted District; and

(7) S-1 Storage District.

(B) Opt-out of M.S. § 462.3593, as it may be amended from time to time. Pursuant to authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the city opts out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.

(Ord. 110, passed 4-23-1991; Ord. 205, passed 6-23-2014; Ord. 206, passed 6-23-2014; Ord. 212, passed 7-25-2016)

§ 152.086 ZONING DISTRICT MAP.

The boundaries of the districts as established by this chapter are shown on the map accompanying and made part of this chapter which is properly approved and filed with the City Clerk-Treasurer. The district boundary lines on the map are intended to follow street right-of-way lines, street centerlines or lot lines unless the boundary line is otherwise indicated on the map. In the case of unsubdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map.

(Ord. 110, passed 4-23-1991)

§ 152.087 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1).

(A) Purpose. The R-1 Single-Family Residential District is intended to provide a district which will allow residential development in those areas where the development complies with the comprehensive plan and policies.

(B) Permitted uses. Within any R-1 District, no structure or land shall be used except for one or more of the following uses:

(1) Single-family detached dwellings; and

(2) Public parks and playgrounds.

(C) Conditional uses. Within any R-1 Single-Family Use District, no structure or land shall be used for the following uses unless a conditional use permit is approved:

(1) Recreation facilities, privately owned and designed to serve more than one family, limited to nine or 18 hole golf courses which average 200 yards per hole or more; country clubs provided no building is less than 100 feet from all exterior boundary lines; tennis club provided all structures are 100 feet or more from all exterior boundary lines; and docking facilities for storage and service of boats used on the abutting waterbody;

(2) The storage outside of principal structures of more than two of the following: building for winter ice fishing; mobile camp trailer; camper; utility tractor; boat over 16 feet; race car; provided the above named are owned by the resident; and

(3) Kennels.

(D) Permitted accessory uses. Within any R-1 District, the following uses shall be permitted accessory uses:

(1) Private garages, parking spaces and carports for passenger cars and not for more than two trucks;

(2) Home occupations as regulated herein;

(3) Decorative landscape features and recreation equipment;

(4) Keeping of not more than two boarders or roomers by resident family;

(5) Signs as regulated herein;

(6) Private swimming pools and tennis courts;

(7) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for the construction; and

(8) Firewood for private use not to exceed 30-inch lengths.

(E) Lot area, height, lot widths and yard requirements.

(1) No structure shall exceed two stories, or 25 feet whichever least, in height except as otherwise regulated by this chapter.

(2) A side yard abutting a public right-of-way (street) shall not be less than 30 feet in width.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard depth	53 feet from centerline of right-of-way
Minimum habitable ground floor area	1,040 square feet
Minimum lot area	43,560 square feet
Minimum lot width	150 feet
Rear yard depth	50 feet
Side yard depth	16 feet

(Ord. 110, passed 4-23-1991)

§ 152.088 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2).

(A) Purpose. The R-2 Single-Family Residential District is intended to provide a district which will allow residential development in those areas where the development complies with the comprehensive plan and policies.

(B) Permitted uses. Within the R-2 District, no structure or land shall be used except for one or more of the following uses:

(1) Single-family detached dwellings; and

(2) Public parks and playgrounds.

(C) Conditional uses. Within any R-2 Single-Family Use District, no structure or land shall be used for the following uses unless a conditional use permit is approved:

(1) Two-family dwellings, provided that public sanitary sewer and water service is available and used therefore and provided that the lot has a minimum width of 100 feet and an area of 12,000 square feet;

(2) Cemeteries, provided the site does not include more than 40 acres and is so designed as to provide the necessary rights-of-way to accommodate the major thoroughfare and collector system;

(3) Churches including those related structures located on the same site which are an integral part of the church proper;

(4) Public buildings and utility structures subject to the following:

(a) Water pump houses, iron removal structures and sanitary lift stations which if not located below grade on a landscaped lot shall be in a building which conforms to yard requirements and architectural style of the neighborhood;

(b) Gas regulator stations, electric power regulator stations and telephone regulator stations which are not located below grade on a landscaped lot shall be a building which conforms to yard and architectural style of the neighborhood. Should the structure require fencing, the fence shall conform to all yard requirements;

(d) Electric power transmission lines and transmission pipe lines shall be so located as to share the public street right-of-way or be abutting right-of-way for railroad and avoid diagonal divisions of land;

(e) Park buildings;

(f) Day nursery, provided play space of 60 square feet per child is provided within a fenced area other than front yard; and

(g) The storage outside of a building of more than two of the following: building for winter ice fishing; mobile camp trailer; camper; utility tractor; boat over 16 feet; racer; provided the above named are owned by the resident.

(5) Kennels; and

(6) Public or parochial schools, which having a curriculum equivalent to a public elementary school or a public high school.

(D) Permitted accessory uses. Within any R-2 District, the following uses shall be permitted accessory uses: accessory uses as permitted and regulated in § 152.087(D).

(E) Lot area, height, lot widths and yard requirements.

(1) No structure shall exceed two stories or 25 feet whichever is least, in height except as otherwise regulated by this chapter.

(2) A side yard abutting a public right-of-way (street) shall not be less than 18 feet in width.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard depth	53 feet from centerline of right-of-way
Minimum habitable ground floor area	864 feet
Minimum lot area	10,800 square feet
Minimum lot width	85 feet
Rear yard depth	35 feet
Side yard depth	6 feet

(Ord. 110, passed 4-23-1991)

§ 152.089 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-3).

(A) Purpose. The R-3 Single-Family Residential District is intended to provide a district which will allow residential development in those areas where the development complies with the comprehensive plan and policies.

(B) Permitted uses. Within any R-3 District, no structure or land shall be used except for one or more of the following uses:

(1) Single-family detached dwellings; and

(2) Public parks and playgrounds.

(C) Conditional uses. Within any R-3 Single-Family Use District, no structure or land shall be used for the following uses until a conditional use permit is approved:

(1) Any use as permitted and regulated in § 152.088(C)(2) through (C)(6); and

(2) Two-family dwellings, provided that public sanitary sewer and water service is available and use therefore and provided that the lot has a minimum width of 90 feet and an area of 11,000 square feet.

(D) Permitted accessory uses. Within any R-3 District, the following uses shall be permitted accessory uses: accessory uses as permitted and regulated in § 152.087(D).

(E) Lot area, height, lot widths and yard requirements.

(1) No structure shall exceed two stories or 25 feet whichever is least, in height except as otherwise regulated by this chapter.

(2) A side yard abutting a public right-of-way (street) shall not be less than 15 feet in width. However, a fence is permitted in a side yard which abuts a public right-of-way if the fence is at least seven feet from the public right-of-way, is no more than four feet in height, and is constructed and maintained in a manner so that the fence can be seen through, with little or no loss of visibility (i.e., chain link). The provisions of § 152.036(B) and (C), pertaining to the front yard, remain applicable.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard depth	53 feet from centerline of right-of-way
Minimum habitable ground floor area	720 square feet
Minimum lot area	8,250 square feet
Minimum lot width	65 feet
Rear yard depth	35 feet
Side yard depth	4 feet

(Ord. 110, passed 4-23-1991; Ord. 191, passed 7-27-2010)

§ 152.090 MOBILE HOMES (R-4).

(A) Purpose. The R-4 Mobile Home Districts are intended to provide a district which will allow mobile homes in those areas where the development fits the comprehensive plan, where properly related to other land uses and thoroughfares are immediately available.

(B) Permitted uses. Within any R-4 District, no structure or land shall be used except for one or more of the following uses:

(1) Public parks and playgrounds; and

(2) Mobile home park.

(C) Conditional uses. Within any R-4 Mobile Home District, no structure or land shall be used for the following uses unless a conditional use permit is approved:

(1) Recreation facilities, privately owned and designed to serve more than one family limited to tennis courts provided all structures are 100 feet or more from all exterior boundary lines; and docking facilities for storage and service of boats used on the abutting waterbody; and

(2) Mobile home parks as regulated by this chapter.

(D) Mobile home park regulations.

(1) No person, firm or corporation shall develop or operate any mobile home court without having a conditional use permit, pursuant to this chapter.

(2) No person shall park or occupy a mobile home on any land situated outside an approved mobile home court, subject to the following exceptions:

(a) Temporary maintenance of a mobile home for business purposes on the business premises or adjacent property where the mobile home is used in connection with work on the premises; and

(b) Permits for accepted mobile home use may be issued by the Zoning Officer for a period not to exceed 90 days if the conditions stated herein appear to his or her reasonable satisfaction, but any renewal of a permit shall require approval of the City Council, it being the intent of the Council that extensions should be granted only in unusual and emergency situations requiring a brief extension.

(3) The following are prohibited with respect to a mobile home properly located, either temporarily or permanently: construction of a permanent foundation or permanent enclosure thereunder.

(4) A mobile home shall not be used as a permanent place of abode or as a permanent dwelling unless it is properly connected to a municipal sanitary sewer system. All water and sewer systems shall be constructed in accordance with the plans and specifications approved by the City Engineer. It is the intention of the Council that the Council approve the water supply system and sanitary sewer connections to mobile home courts as a part of their original construction.

(E) Mobile home court requirements.

(1) A mobile home court shall contain area sufficient to accommodate at least 100 mobile home lots, plus recreational areas and streets as required by this chapter. Prior to occupancy of any mobile home in the court at least 50 mobile home stands must be fully developed as required by the provisions of this chapter; including all required auxiliary buildings and other areas.

(2) All utilities, such as sewer, water, fuel, electric, telephone and television antenna lead-ins, shall be buried to a depth specified by the City Engineer, and there shall be no overhead wires. All utility connections shall be approved by the city prior to connection. Plans for the disposal of surface storm water shall be approved by the City Engineer.

(3) All land areas shall be adequately drained and properly maintained free of dust, refuse, garbage, rubbish or debris. The proposed method of garbage, waste and trash disposal must be approved by the city and must conform to the regulations of the State Pollution Control Agency. Refuse collections stands shall be provided for all refuse containers. The stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. The storage, collection and disposal of refuse in the mobile home court shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

(4) All mobile home courts shall have one or more recreational areas (tot-lots) which shall be easily accessible to all court residents. Recreational areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. The recreational area shall be a minimum of 10% of the land area of the entire court. All equipment installed in an area shall be owned and maintained by the owner or operator at his or her own expense.

(5) All water supply and sanitation facilities must conform to the current recommendations of the Minnesota Department of Health. Fire hydrants shall be provided as required by the City Engineer.

(6) All mobile home courts shall have an area or areas set aside for dead storage. The storage area shall be screened.

(7) A landscaped area with minimum depth of 75 feet shall be maintained around the perimeter of each mobile home court.

(8) Street rights-of-way shall not be less than 60 feet in width.

(9) A concrete or rolled bituminous curb and gutter shall be constructed on each side of the road. The curb and gutter shall comply with all applicable city ordinances.

(10) The corners of each lot shall be marked with surveyor’s irons, and each lot shall be numbered. The mobile home court management shall supply copies of the mobile home regulations (as codified in this section of this Chapter 152) and specific covenants for the mobile home park to each mobile home park resident.

(11) In addition to the required off-street parking for each mobile home lot, the mobile home court shall provide and maintain a paved off-street parking lot for guests of occupants.

(12) There shall be no outdoor camping anywhere in the mobile home court and no tents shall be erected or occupied.

(13) Advertising of the mobile home court on the premises shall be limited to one nameplate sign containing the court name, which plate shall not exceed 25 square feet, with lighting, heights and location as approved by the city with a 25-foot setback from any lot line.

(F) Minimum requirements.

Front yard setback	53 feet from centerline of right-of-way
Lot area per dwelling unit	7,200 square feet
Lot depth	120 feet
Lot width	60 feet
Rear yard setback	25 feet
Side yard setback	10 feet

(1) An accessory structure, including but not limited to, awnings, storage cabinets, carports or porches, shall be considered to be part of the mobile home for the purposes of all setback requirements.

(2) Outside detached storage sheds or cabanas shall no exceed 144 square feet in area and shall be placed in rear yard and shall be constructed of material approved by the city. Attached entry ramp will not exceed 64 square feet and shall be constructed of material and a facade approved by city.

(3) Each mobile home site shall have two paved (concrete or bituminous) off-street parking spaces for automobiles. Each parking space shall be at least 300 square feet in size and shall not be located within five feet of the side of any mobile home or within five feet of any lot line.

(4) Except for the areas used for the mobile home, patio, sidewalk and off-street parking space, the entire remaining area of the mobile home lot shall be sodded and maintained with grass.

(5) The mobile home stand shall be constructed in a way that it will not heave, shift or settle unevenly under the weight of the mobile home, due to frost action, inadequate drainage, vibration or other forces acting upon the stand. (Piers shall also be considered suitable.)

(6) Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and each anchor shall be able to sustain a minimum tensile strength of 2,800 pounds.

(7) (a) Centralized fuel system. Where a fuel source of constant and adequate supply is accessible and within reasonable proximity to a mobile home park, a centralized fuel system will be installed, maintained and made accessible to all residences within a mobile home park.

(b) Alternate fuel systems. Private fuel containers and solar energy resources appliances may be installed providing:

1. The installations and appliances meet all applicable codes and safety requirements;

2. The installation does not emit any irritating noise, odor or solar reflection which may affect other residents; and

3. The installation of appliances shall be screened from public view in complimentary design to home, lot and park. Screening shall be maintained on all alternate fuel containers or appliances.

(8) The property owner will grant to the city an open space easement and permit the city to have an easement to enter upon as the grantee any of the open space, street or recreational areas, in accordance with § 10.20 of this code of ordinances, provided within the mobile home court for the purpose of permitting the city to service structures, repair or maintain as is necessary and appropriate to adequately maintain the areas, in the event that the owner of the property, his or her successors or assigns, fails to comply with the standards and requirements as set forth within this chapter.

(G) Structural requirements.

(1) Every structure shall be developed and maintained in a safe, approved and substantial manner. The exterior of each structure in a mobile home court shall be kept in good repair, and shall be repainted or refinished at those reasonable times and in a reasonable manner as may be required by the city, it being the intent of this division (G) that the court shall not be permitted to present a rundown or shabby appearance.

(2) All structures, other than the mobile home, shall require a zoning permit.

(3) Mobile homes shall not be located, or permitted, to remain in the city unless they:

(a) Conform to all requirements of the statutes of the state, including particularly M.S. Chapter 327, as it may be amended from time to time;

(b) Are in sanitary condition; and

(4) Unoccupied mobile homes must be removed from the court within 90 days after they become unoccupied.

(5) The area beneath all mobile homes shall be enclosed with a normal exterior material that shall be generally uniform through the entire mobile home court except that the enclosure must be so constructed that it is subject to reasonable inspection.

(Ord. 110, passed 4-23-1991; Ord. 137, passed 5-28-1996)

§ 152.091 TWO-FAMILY AND TOWNHOUSE DISTRICT (R-5).

(A) Purpose. The R-5 Residential District is intended to provide a district which will allow two- family dwellings and townhouse dwellings by conditional use permit in those areas where the development fits the city comprehensive plan and where municipal community utilities are immediately available.

(B) Permitted uses. Within any R-5 Residential District, no structure or land shall be used except for one or more of the following uses:

(1) Two-family dwellings;

(2) Private or parochial school which teaches a curriculum similar to public schools provided that no building shall be located nearer than 25 feet from any lot line;

(3) Churches including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site provided no buildings shall be located nearer than 25 feet from any lot line; and

(4) Public office buildings, parks and playgrounds.

(C) Conditional uses. Within any R-5 Residential District, no structure or land shall be used for the following uses except by conditional use permit:

(1) Any use listed in § 152.088(C) and as regulated therein except as modified herein;

(2) Single-family detached dwellings;

(3) Accessory buildings other than garages;

(4) One-family townhouse subject to the following:

(a) The structure containing a townhouse shall have three to ten dwelling units;

(b) The structure containing a townhouse shall conform to all yard regulations;

(c) A fire wall shall be required to separate each two dwelling units connected by a common wall from all other units; and

(d) All driveways and parking areas which accommodate three or more cars shall be surfaced with a permanent hard surfaced material.

(5) Rest home or nursing home.

(D) Permitted accessory uses. Within any R-5 District, the following uses shall be permitted accessory uses:

(1) Permitted accessory uses as provided and regulated in § 152.087(D) except as modified herein; and

(2) Private garages, parking spaces and carports for passenger cars and for one truck at not more than a 7,000 pound rated capacity.

(E) Lot area, height, lot width and yard requirements.

(1) No residential structure shall exceed two stories.

(2) A side yard abutting a public right-of-way (street) shall not be less than 20 feet in width.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard	53 feet from centerline of right-of-way
Minimum lot area (single-family detached)	7,200 square feet
Minimum lot area (two-family dwelling)	9,000 square feet
Minimum lot width (single-family detached)	60 feet
Minimum lot width (two-family dwelling)	80 feet
Minimum square footage per family unit (townhouses)	4,500 square feet
Rear yard	30 feet
Side yard	1 shall be 10 feet with the sum of the 2, 16 feet or more

(F) Floor area requirement.

(1) Single-family detached dwelling shall contain at least 960 square feet of floor area, 600 square feet of which shall be on the first floor.

(2) Two-family dwellings shall contain at least 800 square feet of floor area per dwelling unit.

(3) Townhouse dwellings shall contain at least 720 square feet when one story and at least 1,100 square feet when two story, minimum side setback shall be 20 feet.

(Ord. 110, passed 4-23-1991)

§ 152.092 MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-6).

(A) Purpose. The R-6 Multiple-Family Residential Districts are intended to provide a district which will allow multiple-family dwellings in those areas where the development fits the comprehensive plan, where properly related to other land uses and thoroughfares are immediately available.

(B) Permitted uses. Within any R-6 District, no structure or land shall be used except for one or more of the following uses:

(1) All uses as permitted and regulated in § 152.091(B) except as herein modified;

(2) Multiple-dwelling unit structures up to three stories in height;

(3) Clinics for human care, nursing homes and sanitariums provided the site shall contain not less than 500 square feet of lot area for each person to be accommodated;

(4) Offices for persons engaged in one of the recognized professions, finance, insurance, real estate, religious or philanthropic organizations;

(5) Funeral homes and mortuaries; and

(6) Y.M.C.A. and other similar non-profit organizations.

(C) Conditional uses. Within the R-6 Multiple-Family Use District, no structure or land shall be used for the following uses until a conditional use permit is approved.

(1) Any use listed in § 152.091(C) and as regulated therein; and

(2) Laundromat.

(D) Accessory uses. Within any R-6 Multiple-Family District, the following uses shall be permitted accessory uses: any use permitted in § 152.091(D) and as regulated therein except as herein amended.

(E) Height, lot widths and yard requirements.

(1) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth:

(a) Height shall be limited to 40 feet;

(b) Minimum lot width shall be 120 feet and lot area of 15,000 square feet or more;

(d) Side yard shall be one-half height of building or 15 feet whichever is greater; and

(e) Rear yard shall be 40 feet or more.

(2) Lot area per dwelling unit:

(a) One bedroom: five times minimum floor area;

(b) Two bedroom: five times minimum floor area;

(d) A credit for 300 square feet shall be given for each parking space provided in the principal building.

(3) Floor area requirements for dwelling units:

(a) Each one bedroom apartment shall have not less than 600 square feet of floor area;

(b) Each two bedroom apartment shall have not less than 750 square feet of floor area; and

(Ord. 110, passed 4-23-1991; Ord. 150, passed 5-26-1998)

§ 152.093 SINGLE-FAMILY LAKESHORE RESIDENTIAL (R-7).

(A) Includes all provisions of § 152.089(A) through (E), except § 152.089(C)(2) (two-family dwellings will not be allowed as a conditional use).

(B) Additional permitted use:

(1) The use of a single camping unit, from the date of the granting of a camping unit permit, for four years while a permitted residential structure is in the planning phase through construction completion. A contractor construction trailer will not be counted as the single permitted camping unit. A tent is not to be considered a camping unit and is not permitted. A camping unit is allowed on a seasonal basis only during this four-year period not to exceed eight consecutive months for each occurrence. During the four-year camping permitted time period, the following benchmarks must be attained starting from the effective date of the permit for a camping unit:

(a) End of first year: sufficient land cleared for a permitted residential structure;

(b) End of second year: completed installation of permitted water and sewer service lines;

(d) End of fourth year: completed construction of a permitted residential structure.

(2) This failure to comply with these benchmarks will constitute a violation of the zoning regulations, as amended from time to time.

(C) Additional permitted accessory use: accessory uses as permitted and regulated in § 152.100(E)(2)(b)2. and (E)(2)(b)3.

(D) The rezoning district map is amended to rezone the following property from Single-Family Residential District (R-3) to Single-Family Lakeshore Residential (R-7): Patriot’s Point Subdivision, Lots 1 through 26.

(Ord. 182, passed 11-27-2007)

§ 152.094 RETAIL BUSINESS DISTRICT (B-1).

(A) Purpose. To provide for and encourage compact center for retail sales and services by grouping businesses in patterns of workable relationships; to minimize the blighting influence on surrounding residential neighborhoods by limitations and control of uses permitted; to exclude highway oriented and other business that will tend to disrupt the shopping center or its circulation patterns, or tend to disturb neighborhood stability.

(B) Permitted uses. Within a B-1 Business District, no building or land shall be used except for one or more of the following uses:

(1) Retail shopping uses - stores and shops selling household goods over the counter or selling personal services. Included are stores selling:

(a) Antiques;

(b) Apparel shops;

(d) Art and school supplies;

(e) Auto accessories and parts when conducted entirely within an enclosed building, but not including vehicle maintenance shops;

(f) Bakery or pastry shops selling retail only;

(g) Off-sale liquor;

(h) Bicycles;

(i) Barber or beauty shops;

(j) Book or stationery store;

(k) Building materials that are within completely enclosed buildings;

(l) Candy, ice cream, soft drinks or confectionery stores excluding drive-in type stores;

(m) Cameras, photographic supplies, photographic studios and video and tape rentals;

(n) Carpets, rugs and floor covering;

(o) China and glassware;

(p) Clothing (including dressmaking, millinery and tailor shops);

(q) Costume and formal wear rental;

(r) Delicatessens;

(s) Dry cleaning, laundry collection stores, laundromats, tailor shops;

(t) Dry goods;

(u) Florist shop;

(v) Food stores;

(w) Frozen foods and meat market, but not including locker plants or meat slaughter houses;

(x) Furniture, upholstering, picture framing, interior decorating studios;

(y) Garden supplies (year round operations only);

(z) Gifts and novelty stores;

(aa) Hardware and sporting goods;

(bb) Hobby supplies;

(cc) Jewelry, time pieces, silverware;

(dd) Leather goods and luggage;

(ee) Musical instruments, records, television, radio, hi-fi and the like;

(ff) Office supplies and equipment;

(gg) Paint and wallpaper and related material;

(hh) Pets and pet supplies provided it is operated in a manner as to cause no offensive noise or odor;

(ii) Post office;

(jj) Sewing center, machine sales, sewing classes, yard goods;

(kk) Shoe store and repair;

(ll) Sporting goods; and

(mm) Theaters, excluding drive-in type.

(2) Banks and financial institutions;

(3) Clubs or lodge;

(4) Medical and dental offices and laboratories;

(5) Hotels and motels;

(6) Offices, business and professional libraries;

(7) Public and private utility uses;

(8) Mortuary and funeral homes;

(9) Temporary sales, such as Christmas tree lots;

(10) Drug stores;

(11) Department stores;

(12) Discount stores;

(13) Variety stores;

(14) Service station (motor fuel station and automobile repair - minor);

(15) Recreational facilities;

(16) Restaurants (Class 1) and catering;

(17) Tobacco and tobacco product sales; and

(18) Cannabinoid sales.

(C) Uses by conditional use permit. Within a B-1 Retail Business District, no building or land shall be used for one or more of the following uses except by conditional use permit:

(1) Accessory buildings and structures;

(2) On-sale liquor;

(3) Assembly, convention or lodge hall;

(4) Restaurants (Class 2) with live entertainment;

(5) Dwelling units provided the units do not occupy the first floor;

(6) Open sales lots provided:

(a) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer;

(b) The assembly, repair or manufacture of goods shall not occur within the open sales lot; and

(c) There is located thereon a building devoted to and used in the sales which is at least as large in floor area as the occupation and use.

(7) Animal hospitals and pet shops;

(8) Schools for music, dance or business;

(9) Banks with drive-in facilities; and

(10) Drive-in photo processing pick-up.

(D) Permitted accessory uses. Within a B-1 Retail Business District, the following shall be permitted accessory uses:

(1) Any incidental repair, processing or storage necessary to conduct a permitted principal use, but not to exceed 30% of the floor space of the principal building;

(2) Decorative landscape features;

(3) Off-street loading;

(4) Parking for permitted and conditional use;

(5) Signs as regulated herein; and

(6) Buildings temporarily located for purposes of construction on the premises for a period not to exceed completion of construction.

(E) Height, lot coverage and minimum lot area regulations.

(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed two stories or 25 feet in height.

(2) Yard regulations.

(a) Front yard regulations. There shall be a front yard having a depth of not less than 40 feet.

(b) Side yard regulations.

1. Buildings located on a corner lot shall have a side yard setback of not less than 30 feet from the street;

2. Buildings located on interior lots shall have a side yard setback of not less than ten feet; and

3. Except that no building shall be located within 75 feet of any side lot line abutting a lot in any of the classes of residential districts.

(3) Rear yard regulations.

1. There shall be a rear yard having a depth of not less than 30 feet; and

2. Except that no building shall be located within 75 feet of any rear lot line abutting a lot in any of the classes of residential districts.

(4) Lot coverage regulations. Not more than 35% of the lot or plot area shall be occupied by buildings.

(5) Lot area regulations. The minimum area of land to be included in a B-1 Retail Business District shall be at least 20,000 square feet.

(Ord. 110, passed 4-23-1991; Ord. 116, passed 11-12-1991; Ord. 137, passed 5-28-1996; Ord. 144, passed 2-11-1997; Ord. 172, passed 3-22-2005; Ord. 239, passed 1-23-2023)

§ 152.095 GENERAL BUSINESS DISTRICT (B-2).

(A) Purpose. To provide centralized areas for businesses that are highway or automobile oriented businesses, and for light-industrial and wholesale enterprises.

(B) Permitted uses.

(1) All uses permitted (whether by right of conditional use permit) in District B-1;

(2) Live bait stores;

(3) Transport or motor freight terminals (interior storage only);

(4) Warehousing;

(5) Miscellaneous business uses including:

(a) Contractors and carpenters offices, and shops and building material establishments, where dimension lumber, mill work, cabinets and other building materials are kept for sale;

(b) Glass cutting, glazing and mirror shops;

(b) Greenhouses and nurseries;

(d) Laboratories, experimental and testing, provided no production or manufacturing takes place;

(e) Secondhand and rummage stores;

(f) Plumbing, electrical, heating, air conditioning and roofing supply shops;

(g) Printing and publishing of newspapers, periodicals, books and including other press work;

(h) Open sales lots;

(i) Sign shops;

(j) Public and semi-public utility uses;

(k) Cabinets and furniture making and sales;

(l) Electronic sales, service and storage;

(m) Commercial sewing and fabric processing; and

(n) Recycling, recycling processing and manufacturing from recyclable materials of a non-hazardous nature.

(6) Uses permitted under § 152.092(B).

(1) Automobile repair - minor;

(2) Commercial recreation;

(3) Car and/or truck washes;

(4) Motor vehicle and/or marine sales, new or used;

(5) Motor fuel station;

(6) Bulk fuel storage; and

(7) The sales and service of agricultural or farm equipment, construction and/or industrial machinery and equipment, including body repair, rebuilding, painting incidental and accessory to new and used sales.

(D) Permitted accessory uses.

(1) Any incidental repair, processing or storage necessary to conduct a permitted principal use, but no exceeding 30% of the floor space of the principal building;

(2) Off-street parking;

(3) Fences; and

(4) Signs.

(E) Height, area and yard requirements.

(1) Minimum yard requirements:

(a) Front yard setback: 40 feet;

(b) Side yard:

1. Interior lot setback: 15 feet; and

2. Side street setback: 30 feet.

(2) No structure or building shall exceed 35 feet in height.

(3) A structure shall cover no more than 35% of the lot area.

(4) The minimum lot area is 20,000 square feet.

(Ord. 110, passed 4-23-1991; Ord. 133, passed 9-26-1995; Ord. 172, passed 3-22-2005)

§ 152.096 RESIDENTIAL LIGHT COMMERCIAL (B-3).

(A) Purpose. To provide for and encourage location of sales and services which are environmentally compatible with residential districts; to minimize the blighting influence on surrounding residential neighborhoods by limitations and control of uses permitted; to exclude highway oriented and any other business that will tend to disrupt or disturb neighborhood stability.

(B) Permitted uses. Within a B-3 Residential Light Commercial District, no building or land shall be used except for one or more of the following uses:

(1) Clinics;

(2) Hospitals and nursing/convalescent homes;

(3) Printing;

(4) Commercial advertising products;

(5) Trade and vocational schools;

(6) Public buildings; and

(7) Medical and dental offices and/or laboratories.

(C) Uses by conditional use permit. Within a B-3 Business District, no building or land shall be used for one or more of the following uses except by conditional use permit: manufacturing of:

(1) Clothing, tents and other textile items;

(2) Electronic equipment or subassemblies;

(3) Electric controls, timers and small electric motors;

(4) Fishing tackle and related products (does not include boats, trailers or motors);

(5) Assembling small appliances;

(6) Toys;

(7) Soft drinks confectionery, ice cream and pastry products;

(8) Food products (frozen, dehydrated or canned);

(9) Wood cabinets and furniture products;

(10) Greenhouses;

(11) Warehousing of non-hazardous materials; and

(12) Permitted uses of an R-3 District.

(D) Permitted accessory uses. Same as Retail Business District (B-1).

(E) Height, lot coverage and minimum lot area regulations. Same as Retail Business District (B-1).

(Ord. 110, passed 4-23-1991; Ord. 144, passed 2-11-1997; Ord. 179, passed 1-23-2007)

§ 152.097 INDUSTRIAL DISTRICT (I-1).

(A) Permitted uses. Within any I-1 Industrial District, no structure or land shall be used except for the sale, manufacturing, fabricating or processing of the following articles or operations:

(1) Automobile repair - major;

(2) Belting and chain conveyors;

(3) Billboards and signs;

(4) Blacksmithing;

(5) Boat building, repair and storage;

(6) Builder’s or contractor’s yards, farm machine sales, feed sales, bulk firewood sales, dirt, sand, gravel and rock sales, heavy equipment sales, provided any operations are enclosed by a solid wall or fence not less than six feet in height and not located less than 100 feet from any residential district;

(7) Cabinet and carpentry shop, electrical, plumbing, heating and air condition shops;

(8) Canvas and canvas goods;

(9) Concrete block plant, concrete mixing plant, asphalt mixing plant;

(10) Electric motors, generators, transformers and controls;

(11) Electric power generating plant;

(12) Heat treating and plating;

(13) Housing, manufacture;

(14) Products made of glass, cellophane, leather, plastic and wood;

(15) Motor fuel stations;

(16) Railroad sidings, spurs, depots and yards;

(17) Stone, marble and granite grinding and cutting;

(18) Trade schools;

(19) Truck storage or maintenance shops;

(20) Warehousing, including commercial storage and noncommercial or personal storage;

(21) Television towers and radio towers;

(22) Wood fuel processing; and

(23) Saw mills, planing mills or kilns.

(B) Conditional use permit. Within any I-1 District, no structure or land shall be used for the following uses except by conditional use permit:

(1) Acetylene manufacturing;

(2) Acid manufacturing;

(3) Asbestos manufacturing;

(4) Automobile reduction yard;

(5) Boiler shops, machine shops, roundhouses where hammers or presses of 20-ton rated capacity are used;

(6) Concrete block plants, ready-mix;

(7) Disinfectant and insecticide or poison manufacturing;

(8) Dye and dye stuff manufacturing;

(9) Explosive materials;

(10) Emery cloth or sandpaper manufacturing;

(11) Flammable liquid storage;

(12) Foundry, casting lightweight non-ferrous metals;

(13) Junk yard;

(14) Lime or lime products;

(15) Planing mill, lumber mill and veneer manufacturing;

(16) Ready-mix and concrete block plants;

(17) Waste incinerators;

(18) Structures in excess of 40 feet in height; and

(19) Adult entertainment uses.

(1) Signs as regulated in this chapter;

(2) Residential structures for security when related to a principal use; and

(3) Exterior storage.

(D) Lot area, heights, lot width and yard requirements.

(1) Side yards abutting a street on a corner lot shall not be less than 20 feet in width.

(2) Where a use has railroad trackage abutting the side or rear of a site, a variance may be granted to the side or rear yard requirements to provide for a railroad loading facility.

(3) Front yard shall not be less than 35 feet.

(4) Side yard shall not be less than 20 feet.

(5) Lot area shall not be less than 15,000 square feet.

(6) Lot width shall not be less than 100 feet.

(Ord. 110, passed 4-23-1991; Ord. 131, passed 7-25-1995; Ord. 163, passed 7-22-2003)

§ 152.098 CONSERVANCY DISTRICT (CD).

(A) Purpose. The Conservancy District is established to preserve and perpetuate in an open state, certain areas, such as wetlands, marshes, woodlands and other areas of aesthetic and scenic value which, because of their physical features, are desirable as water retention areas, natural habitat for plant and animal life, green space or are being used for public purposes.

(B) Permitted uses. The following uses are permitted as a right in the CD Conservancy District:

(1) Outdoor recreational uses operated by a governmental agency or conservation group, homeowners or private association and facilities for making same useful to public or association. Public lands, schools, parks and municipal buildings;

(2) Open space areas connected with residential, commercial and industrial planned unit development;

(3) Conservation uses including drainage control, forestry, wildlife sanctuaries and facilities for making same available and useful to public;

(4) Cemeteries; and

(5) Nature study areas and arboretums.

(C) Conditional uses. Farm residences; single-family non-farm residences; general farming and related buildings; horticulture; field crops; dairying; accessory buildings; kennel. A conditional use permit for a single-family non-farm residence will not be required if a lot area is 35 acres or more and has a minimum lot width of at least 600 feet.

(D) Permitted accessory uses. Private garages; home occupations; carports; fences; residential recreation equipment; off-street parking; nameplate signs; gardening and other horticultural uses where no sale of products is conducted within a building; decorative landscape features; and the keeping of not more than two boarders or roomers by a resident family.

(E) Minimum lot area and yard requirements.

(1) Lot size requirements.

Minimum lot area	5 acres
Minimum lot width	100 feet

(2) Yard regulations.

Front yard	75 feet from centerline of public road
Rear yard	50 feet
Side yards	40 feet or 75 feet corner lot from centerline of a public road

(Ord. 110, passed 4-23-1991; Ord. 175, passed 3-28-2006; Ord. 184, passed 3-11-2008)

§ 152.099 MINERAL MINING DISTRICT (MM).

(A) Purpose. To identify areas of existing and potential mineral mining, processing, storage and loading, tailings and waste disposal and accessory and support activities required for proper operation of mining activities located outside of the limits of the open pit and ore formation and to assure the compatibility of these uses to other uses within the city.

(B) Permitted uses. Mineral mining including all ancillary activities necessary for management, operation and uses involved in the mineral extraction, processing, transportation and disposal of waste as regulated by the state.

(Ord. 110, passed 4-23-1991)

§ 152.100 SHORELAND MANAGEMENT.

(A) Statutory authorization and policy.

(1) Statutory authorization. This shoreland section is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F, as it may be amended from time to time, Minnesota Regulations parts 6120.2500 to 6120.3900, and the planning and zoning enabling legislation in M.S. Chapter 394 (for counties) or Chapter 462 (for municipalities), as they may be amended from time to time.

(2) Policy.

(a) The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources.

(b) This responsibility is hereby recognized by the city.

(B) General provisions and definitions.

(1) Jurisdiction. The provisions of this section shall apply to the shorelands of the public water bodies as classified in §§ 152.030 through 152.053 of this chapter. Pursuant to Minnesota Regulations parts 61200.2500 to 6120.3900, no lake, pond or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this section.

(2) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations.

(3) Enforcement. The city is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity pursuant to division (C)(1) below.

(4) Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(5) Severability. If any section, clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

(6) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

(7) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application. For the purpose of this section, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.

ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristic (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the BLUFF):

1. Part or all of the feature is located in a shoreland area;

2. The slope rises at least 25 feet above the ordinary high water level of the waterbody;

3. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

4. The slope must drain toward the waterbody.

BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

BOATHOUSE. A structure designed and used solely for the storage of boats or boating equipment.

BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

COMMERCIAL PLANNED UNIT DEVELOPMENTS. Typically uses that provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are COMMERCIAL PLANNED UNIT DEVELOPMENTS.

COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

COMMISSIONER. The Commissioner of the Department of Natural Resources.

CONDITIONAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning regulations exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood.

DECK. A horizontal, unenclosed platform with or without attached railing, seats, trellises or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.

DUPLEX, TRIPLEX AND QUAD. A dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities.

DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel and resort rooms and cabins.

EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals and peat not regulated under M.S. §§ 93.44 to 93.51, as they may be amended from time to time.

FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

HARDSHIP. The same meaning as that term is defined in M.S. Chapter 394 (for counties), as it may be amended from time to time, or M.S. Chapter 462 (for municipalities), as it may be amended from time to time.

HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.

INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.

INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

LOT. A parcel of land designated by plat, metes and bounds, registered land survey, Auditor’s plot or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.

LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.

NONCONFORMITY. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.

ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominately terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full free ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.

PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, subds. 15 and 15a, as they may be amended from time to time.

RESIDENTIAL PLANNED UNIT DEVELOPMENT. A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as RESIDENTIAL PLANNED UNIT DEVELOPMENTS. To qualify as a RESIDENTIAL PLANNED UNIT DEVELOPMENT, a development must contain at least five dwelling units or sites.

SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency or the organization.

SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora or fauna in need of special protection.

SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility.

SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in division (E)(8) below.

SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.

SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A HISTORIC SITE meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the State Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.

STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this section. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.

STRUCTURE. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities.

SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.

SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of that use.

TOE OF THE BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.

TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.

VARIANCE. The same meaning as that term is defined or described in M.S. Chapter 394 (for counties), as it may be amended from time to time or M.S. Chapter 462 (for municipalities), as it may be amended from time to time.

WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above-ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of these structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses and detached decks.

WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).

(1) Permits required.

(a) A permit is required for the construction of buildings or building additions (and including those related activities such as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by division (E)(3) below. Application for a permit shall be made to the Zoning Officer on the forms provided. The application shall include the necessary information so that the Zoning Officer can determine the site’s suitability for the intended use and that a complaint sewage treatment system will be provided.

(b) A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by division (E)(8) below shall be reconstructed or replaced in accordance with the provisions of this section.

(2) Certificate of zoning compliance. The Zoning Officer shall issue a certificate of zoning compliance for each activity requiring a permit as specified in division (C)(1) above. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement or construction at variance with that authorized by permit shall be deemed a violation of this section and shall be punishable as provided in division (B)(3) above and § 152.999.

(3) Variances.

(a) Variances may only be granted in accordance with M.S. Chapter 394 (for counties), as it may be amended from time to time or M.S. Chapter 462 (for municipalities), as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of this section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

(b) The Board of Adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in division (C)(4)(b) below shall also include the Board of Adjustment’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

(c) For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, is issued, must require reconstruction of a nonconforming sewage treatment system.

(4) Notifications to the Department of Natural Resources.

(a) Copies of all notices of any public hearings to consider variances, amendments or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(b) A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.

(D) Designation of types of land use.

(1) Shoreland management classification. In order to guide the wise development and utilization of shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain public waters in the city have been given a shoreland management classification, consistent with the criteria found in Minnesota Regulations part 6120.3300 and the Protected Waters Inventory Map for St. Louis County, Minnesota.

(2) Classifications. These protected waters of the city have been classified as follows:

Natural Environment Lakes	DNR I.D.#
Whitewater Lake	69-376 P
Recreational Development Lakes	DNR I.D.#
Colby Lake	69-249 P
Tributary Streams*	Legal Desc.
Partridge River	Sections 6, 9, 11, 12, 14, 15, 16 in 58-14
Second Creek	Sections 19, 20, 30 in 58-14 beginning at County Road 666 in Section 20
Unnamed stream	Sections 33, 59-14 and Sections 4 and 5, 58-14
Wyman Creek	Section 23, 24, 26, 27, 34 in 59-14 and Sections 3 and 4, 58-14
Unnamed to Colby Lake	From Section 31, T59, R14 to Section 6, T58, R14 to Section 6, T58, R14
* All protected watercourses in the city shown on the Protected Waters Inventory Map for St. Louis County, a copy of which is hereby adopted by reference, shall be considered tributary.
The following water classifications are not present in the jurisdiction of the city: general development lakes; remote rivers; forested rivers; transition rivers; agricultural rivers; and urban rivers.

(3) Land use district descriptions.

(a) Criteria for designation. The land use districts in the delineation of land use district’s boundaries on the official zoning map, must be consistent with the goals, policies and objectives of the comprehensive land use plan (when available) and the following criteria, considerations and objectives.

(b) General considerations and criteria for all land uses.

1. Preservation of natural areas;

2. Present ownership and development of shoreland areas;

3. Shoreland soil types and their engineering capabilities;

4. Topographic characteristics;

5. Vegetative cover;

6. In-water physical characteristics, values and constraints;

7. Recreational use of the surface water;

8. Road and service center accessibility;

9. Socioeconomic development needs and plans as they involve water and related land resources;

10. The land requirements of industry which, by its nature, requires location in shoreland areas; and

11. The necessity to preserve and restore certain areas having significant historical or ecological value.

1. Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;

2. Physical and aesthetic impacts of increased density;

3. Suitability of lands for the planned unit development approach;

4. Level of current development in area; and

5. Amounts and types of ownership of undeveloped lands.

(E) Zoning and water supply/sanitary provisions.

(1) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this section for the lake and river/stream classifications are the following.

(a) Unsewered lakes.

1. Natural environment.

	Riparian Lots		Nonriparian Lots
	Area	Width	Area	Width
Duplex	120,000	300	160,000	400
Quad	200,000	500	320,000	800
Single	80,000	200	80,000	200
Triplex	160,000	400	240,000	600

2. Recreational development.

	Riparian Lots		Nonriparian Lots
	Area	Width	Area	Width
Duplex	80,000	225	80,000	265
Quad	160,000	375	160,000	490
Single	40,000	150	40,000	150
Triplex	120,000	300	120,000	375

3. General development.

	Riparian Lots		Nonriparian Lots
	Area	Width	Area	Width
Duplex	40,000	180	80,000	265
Quad	80,000	340	160,000	490
Single	20,000	100	40,000	150
Triplex	60,000	260	120,000	375

(b) Sewered lakes.

1. Natural environment.

	Riparian Lots		Nonriparian Lots
	Area	Width	Area	Width
Duplex	70,000	225	35,000	220
Quad	130,000	425	65,000	410
Single	40,000	125	20,000	125
Triplex	100,000	325	52,000	315

2. Recreational development.

	Riparian Lots		Nonriparian Lots
	Area	Width	Area	Width
Duplex	35,000	135	26,000	135
Quad	65,000	255	49,000	245
Single	20,000	75	15,000	75
Triplex	50,000	195	38,000	190

3. General development.

	Riparian Lots		Nonriparian Lots
	Area	Width	Area	Width
Duplex	26,000	135	17,500	135
Quad	49,000	255	32,500	245
Single	15,000	75	10,000	75
Triplex	38,000	195	25,000	190

(c) River/stream lot width standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six river/stream classifications are:

	Remote	Forested	Transition	Agricultural	Tributary
	Remote	Forested	Transition	Agricultural	No Sewer	Sewer
Duplex	450	300	375	225	150	115
Quad	750	500	625	375	250	190
Single	300	200	250	150	100	75
Triplex	600	400	500	300	200	150

(d) Additional special provisions.

1. Residential subdivisions with dwelling unit densities exceeding those in the tables in divisions (E)(1)(b) and (E)(1)(c) above can only be allowed if designed and approved as residential planned unit developments under division (H) below. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in division (E)(1)(b) above can only be used if publicly owned sewer system service is available to the property.

2. Subdivisions of duplexes, triplexes and quads on natural environment lakes must also meet the following standards:

a. Each building must be set back at least 200 feet from the ordinary high water level;

b. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;

c. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

d. No more than 25% of a lake’s shoreline can be in duplex, triplex or quad developments.

3. One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in divisions (E)(1)(a), (E)(1)(b) and (E)(1)(c) above, provided the following standards are met:

a. For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit;

b. A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and

c. A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.

4. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards:

a. They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots; and

b. If docking, mooring or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:

Controlled Access Lot Frontage Requirements
Ratio of Lake Size to Shore Length (Acres/Mile)	Required Increase in Frontage (Percent)
Less than 100	25
100—200	20
201—300	15
301—400	10
Greater than 400	5

c. They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and

d. Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer leaf-on conditions.

(2) Placement, design and height of structures.

(a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows.

1. Structure and on-site sewage system setbacks (in feet) from ordinary high water level.*

Classes of Public Waters	Structures		Sewage Treatment System
Classes of Public Waters	Unsewered	Sewered	Sewage Treatment System
Lakes
General development	75	50	50
Natural environment	150	150	150
Recreational development	100	75	75
Rivers
Agriculture, urban and tributary	100	50	75
Forested and transition	150	150	100
Remote	200	200	150
* One water-oriented accessory structure designed in accordance with division (E)(2)(b) below may be set back a minimum distance of ten feet from the ordinary high water level.

2. Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody:

Setback From:	Setback (in feet)
Right-of-way line of federal, state or county highway	50
Right-of-way line of town road, public street or other roads or streets not classified	20
Top of bluff	30
Unplatted cemetery	50

3. Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

4. Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer leaf-on conditions.

(b) Design criteria for structures.

1. High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:

a. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;

b. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and

c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this division (E)(2)(b)1.c. if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

2. Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in division (E)(2)(a) above if this water-oriented accessory structure complies with the following provisions:

a. The structure or facility must not exceed ten feet in height, except for boat houses which must not exceed 14 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point;

b. The setback of the structure or facility from the ordinary high water level must be at least ten feet;

c. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions;

d. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;

e. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and

f. As an alternative for general development and recreational development water bodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

3. Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:

a. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;

b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties and planned unit developments;

c. Canopies or roofs are not allowed on stairways, lifts or landings;

d. Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;

e. Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer leaf-on conditions, whenever practical; and

f. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (E)(2)(b)3.a. to (E)(2)(b)3.f. are complied with in addition to the requirements of Minnesota Regulations Chapter 1340.

4. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

5. Steep slopes. The Zoning Officer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer leaf-on vegetation.

(c) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.

(3) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat.

(a) Vegetation alterations.

1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by division (E)(4) below are exempt from the vegetation alteration standards that follow.

2. The removal of natural vegetation (i.e., trees, shrubs and plants) within the shore and bluff impact zones is restricted and limited to the following:

a. The trimming and pruning of trees, shrubs and plants;

b. The random pattern removal of 25% of trees (greater than two inches in diameter at breast height), shrubs and plants. Note: this means that no more than 25% of the trees may be removed between the principal structure and the waterbody within the impact zone, and 25% vegetative removal standard throughout the shore impact zone. The random pattern removal means that clear cutting is not permitted with the exception that a clear cut path of no greater width than ten feet for access to the shoreline is permitted. This path clearing is to be included in determining the not to exceed total clearing of 25%;

c. Authorized removal of trees, shrubs and plants shall be accomplished through human means (i.e., hands, ax, chain saw, saw and the like), and shall not be done by heavy equipment; and

d. If for any reason the above 25% maximum is exceeded (such as the removal of dead, diseased, dangerous and storm or fire damaged trees, plants or shrubs) then the vegetation must be replaced except under the following conditions:

i. The vegetation removed is replaced with trees, shrubs and plants that have similar, or more, beneficial ecological, erosion preventative and screening values than previously existed;

ii. Forest management activity where the intent is to have an ongoing timber producing area and not to convert the area to residential, commercial, recreational or other more intensive use will use best management practices as developed by the state; and

iii. The removal of more than 25% of trees is permitted when the trees were planted as part of a plantation and thinning is needed to ensure continued viability of the plantation.

(b) Topographic alterations/grading and filling.

1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.

2. Public roads and parking areas are regulated by division (E)(4) below.

3. Notwithstanding divisions (E)(3)(b)1. and (E)(3)(b)2. above, a grading and filling permit will be required for:

a. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and

b. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

a. i. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:*

A. Sediment and pollutant trapping and retention;

B. Storage of surface runoff to prevent or reduce flood damage;

C. Fish and wildlife habitat;

D. Recreational use;

E. Shoreline or bank stabilization; and

F. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals or others.

ii. * This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local, state or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised.

b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bar ground is exposed for the shortest time possible;

c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;

e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;

f. Fill or excavated material must not be placed in a manner that creates an unstable slope;

g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater;

h. Fill or excavated material must not be placed in bluff impact zones;

i. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time;

j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.

5. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.

(4) Placement and design of roads, driveways and parking areas.

(a) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

(b) Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

(c) Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this division (E)(4)(c) above are met. For private facilities, the grading and filling provisions of division (E)(3)(b) above must be met.

(5) Storm water management. The following general and specific standards shall apply.

(a) General standards.

1. When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public waters.

2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

3. When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities.

(b) Specific standards.

1. Impervious surface coverage of lots must not exceed 25% of the lot area.

2. When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

3. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(6) Special provisions for commercial, industrial, public/semipublic, agricultural, forestry and extractive uses and mining of metallic minerals and peat.

(a) Standards for commercial, industrial, public and semipublic uses.

1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:

a. In addition to meeting impervious coverage limits, setbacks and other zoning standards in this section, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;

b. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstruction of navigation and to be the minimum size necessary to meet the need; and

c. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

i. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff;

ii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across the public waters; and

iii. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

2. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water vegetation or topography, assuming summer leaf-on conditions.

(b) Agriculture use standards.

1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

2. Animal feedlots must meet the following standards:

a. New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and

b. Modifications or expansions to existing feedlots that are located within 300 feet from the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.

(c) Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management Best Management Practices Minnesota.

(d) Extractive use standards.

1. Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.

2. Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

(e) Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in M.S. §§ 93.44 to 93.51, as they may be amended from time to time, shall be a permitted use provided the provisions of M.S. §§ 93.44 to 93.51, as they may be amended from time to time, are satisfied.

(7) Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply within shoreland areas:

(a) Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soils conditions on the site must be made to ensure:

1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

2. The visibility of structures and other facilities as viewed from public waters is limited;

3. The site is adequate for water supply and on-site sewage treatment; and

4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

(b) Conditions attached to conditional use permits. The city, upon consideration of the criteria listed above and the purposes of this section, shall attach conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this section. These conditions may include, but are not limited to, the following:

1. Increased setbacks from the ordinary high water level;

2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and

3. Special provisions for the location, design and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

(8) Water supply and sewage treatment.

(a) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

(b) Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows.

1. Publicly-owned sewer systems must be used where available.

2. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency’s standards for individual sewage treatment systems contained in the document titled, Individual Sewage Treatment Systems Standards, Chapter 7080, a copy of which is hereby adopted by reference and declared to be a part of this section.

3. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in division (E)(2)(a) above.

4. a. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in divisions (E)(8)(b)1. through (E)(8)(b)4. If the determination of a site’s suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations.

b. Evaluation criteria:

i. Depth to the highest known or calculated ground water table or bedrock;

ii. Soil conditions, properties and permeability;

iii. Slope; and

iv. The existence of lowlands, local surface depressions and rock outcrops.

5. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with division (F)(3) below.

(F) Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification if use; except that the following standards will also apply in shoreland areas.

(1) Construction on nonconforming lots of record.

(a) Lots of record in the office of the County Recorder on the date enactment of local shoreland controls that do not meet the requirements of division (E)(1) above may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this section are met.

(b) A variance from setback requirements must be obtained before any use, sewage treatment system or zoning permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

(c) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of division (E)(1) above the lot must nor be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of division (E)(1) above as much as possible.

(2) Additions/expansions to nonconforming structures.

(a) All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of division (E) above. Any deviation from these requirements must be authorized by a variance pursuant to division (C)(3) above.

(b) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

1. The structure existed on the date the structure setbacks were established;

2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

3. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and

4. The deck is constructed primarily of wood, and is not roofed or screened.

(3) Nonconforming sewage treatment systems.

1. A sewage treatment system not meeting the requirements of division (E)(8) above must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this division (F)(3), a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.

2. The governing body of the city has by formal resolution notified the Commissioner of its program to identify nonconforming sewage treatment systems. The city will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two years. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 105.485 (now M.S. §§ 103F.201-.221, as they may be amended from time to time) in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency’s Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.

(G) Subdivision/platting provisions.

(1) Land suitability. Each lot created through subdivision, including planned unit developments authorized under division (H) below, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.

(2) Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with divisions (E)(2) and (E)(8) above can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of division (E)(1) above, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

(3) Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following:

(a) The surface water features required in M.S. § 505.021, subd. 8, as it may amended from time to time, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;

(b) Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests or other methods;

(c) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments and aquatic vegetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities;

(d) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and

(e) A line or contour representing the ordinary high water level, the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

(4) Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of storm water and significant wetlands.

(5) Platting. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision.

(6) Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in division (E)(1)(d) above.

(H) Planned unit developments (PUDs).

(1) Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redeveloped of previously built sites or conversions of existing buildings and land.

(2) Processing of PUDs. Planned unit developments must be processed as a conditional use, except that an expansion to an existing commercial PUD involving six or less new dwelling units or sites since the date this section was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in division (H)(5) below. Approval cannot occur until the environmental review process (EAW/EIS) is complete.

(3) Application for a PUD. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:

(a) A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two;

(b) A property owners association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of division (H)(6) below;

1. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft and construction of commercial buildings in residential PUDs; and

2. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in division (H)(6) below.

(d) When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and

(e) Those additional documents as requested by the city that are necessary to explain how the PUD will be designed and will function.

(4) Site “suitable area” evaluation. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in division (H)(5) below.

(a) The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:

Shoreland Tier Dimensions
	Unsewered (feet)	Sewered (feet)
All river classes	300	300
General development lakes - first tier	200	200
General development lakes - second and additional tiers	267	200
Natural environment lakes	400	320
Recreational development lakes	267	267

(b) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.

(5) Residential and commercial PUD density evaluation. The procedures for determining the “base” density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer.

(a) Residential PUD “base” density evaluation.

1. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier.

2. Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density and suitability analyses herein and the design criteria in division (H)(6) below.

(b) Commercial PUD “base” density evaluation.

1. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages or porches and basements, unless they are habitable space.

2. Select the appropriate floor area ration from the following table:

Commercial Planned Unit Development
Floor Area Ratios*
Public Waters Classes
*Average Unit Floor Area (Square Feet)	Sewered General Development Lakes; First Tier on Unsewered General Development Lakes; Urban, Agricultural, Tributary River Segments	Second and Additional Tiers on Unsewered General Development Lakes; Recreational Lakes; Transition and Forested River Segments	Natural Environment Lakes; Remote River Segments
200	.040	.020	.010
300	.048	.024	.012
400	.056	.028	.014
500	.065	.032	.016
600	.072	.038	.019
700	.082	.042	.021
800	.091	.046	.023
900	.099	.050	.025
1,000	.108	.054	.027
1,100	.116	.058	.029
1,200	.125	.064	.032
1,300	.133	.068	.034
1,400	.142	.072	.036
1,500	.150	.075	.038
* For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.

3. Multiply the suitable area within each tier by the floor area ration to yield total floor area for each tier allowed to be used for dwelling units or sites.

4. Divide the total floor area by tier computed in division (H)(5)(b)3. above by the average inside living area size determined in division (H)(5)(b)1. above. This yields a base number of dwelling units and sites for each tier.

5. Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses herein and the design criteria in division (H)(6) below.

6. Density increase multipliers.

a. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in division (E) above are met or exceeded and the design criteria in division (H)(6) below are satisfied. The allowable density increases in division (H)(5)(b)6.b. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography or additional means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback.

b. Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments:

Density Evaluation Tiers	Maximum Density Increase Within Each Tier (Percent)
First	50
Second	100
Third	200
Fourth	200
Fifth	200

(6) Maintenance and design criteria.

(a) Maintenance and administration requirements.

1. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

2. Open space preservation: deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:

a. Commercial uses prohibited (for residential PUDs);

b. Vegetation and topographic alterations other than routing maintenance prohibited;

c. Construction of additional buildings or storage of vehicles and other materials prohibited; and

d. Uncontrolled beaching of watercraft prohibited.

3. Development organization and functioning: unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features:

a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers;

b. Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites;

c. Assessments must be adjustable to accommodate changing conditions: and

d. The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities.

(b) Open space requirements. Planned unit developments must contain open space meeting all of the following criteria:

1. At least 50% of the total project area must be preserved as open space;

2. Dwelling units or sites, road rights-of-way or land covered by road surfaces, parking areas or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space;

3. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

5. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;

6. Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities;

7. The appearance of open space areas, including topography, vegetation and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means; and

8. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least 50% of the shore impact zone must be preserved in its natural state.

(c) Erosion control and storm water management. Erosion control and storm water management plans must be developed and the PUD must:

1. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and

2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed 25% of the tier area, except that for commercial PUDs 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistency with division (E)(3) above.

(d) Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards:

1. Planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and divisions (E)(2) and (E)(8) above. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system;

2. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level; elevation above the surface water features; and maximum height. Setbacks from the ordinary high water level must be increased in accordance with division (H)(5)(c) above for developments with density increases;

3. Shore recreation facilities, including, but not limited to, swimming areas, docks and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers;

4. Structures, parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the local unit of government, assuming summer leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided;

5. Accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback and must be centralized; and

6. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in division (E)(2) above and are centralized.

(7) Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met.

(a) Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.

(b) Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.

(c) Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:

1. Removal of extraneous buildings, docks or other facilities that no longer need to be located in shore or bluff impact zones;

2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and

3. a. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations.

b. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

(d) 1. Existing dwelling unit or dwelling site densities that exceed standards in division (H)(5) above may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future.

2. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

(Ord. 121, passed 5-25-1993; Ord. 137, passed 5-28-1996; Ord. 155, passed 10-26-1999; Ord. 172, passed 3-22-2005)

§ 152.101 ADULT ORIENTED ESTABLISHMENTS.

(A) Purpose and findings.

(1) Purpose.

(a) It is the purpose of this section to regulate adult oriented establishments to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to:

1. Prevent additional criminal activity within the city;

2. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood;

3. To locate adult oriented establishments away from residential areas, schools, churches, parks and playgrounds; and

4. Prevent concentration of adult oriented establishments within certain areas of the city.

(b) The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to adult oriented materials protected by the First and Fourteenth Amendments to the Constitution of the United States or to deny access by distributors and exhibitors of adult oriented entertainment to their intended market.

(2) Findings.

(a) The City Council makes the following findings about the effect adult oriented establishments have on the character of the city’s neighborhoods.

(b) In making these findings, the City Council accepts the recommendations of staff who have reviewed the many reports, studies, judicial decisions and experiences of other cities around the state and country concerning the “secondary effects” on the areas in which the activities are located or take place, including: The Report of the Attorney General Working Group on Regulation of Sexually Oriented Businesses, dated June 6, 1989, prepared by then Minnesota State Attorney General Hubert H. Humphrey, III; the City of St. Cloud, Minnesota; the City of St. Paul, Minnesota; the City of Los Angeles, California; the City of Austin, Texas; and, various other cities throughout the country that have studied the impact of adult oriented businesses. These studies have concluded that adult uses and sexually oriented businesses have adverse impacts on the surrounding neighborhoods. Based on these studies the City Council concludes the following.

1. Adult uses and sexually oriented business can contribute to an increase in crime in the area where the businesses are located. This can be a burden to the city crime prevention programs and law enforcement services.

2. Adult uses and sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can increase neighborhood blight. These businesses also can impair the character and quality of the residential housing in the area where the businesses are located. This situation could reduce the amount of desirable housing and cause residents to flee the neighborhood.

3. The concentration of adult uses and sexually oriented businesses in one area can greatly affect the area where the businesses are concentrated. A cycle of decay can result from the influx and concentration of adult uses and sexually oriented businesses. Others may perceive the presence of the businesses as an indication that the area is deteriorating and results in other businesses and residents moving or fleeing from the area. Lower property values that can result from the concentration of the businesses, erode the city’s tax base and contribute to blight.

4. Adult uses and sexually oriented businesses can have a dehumanizing and destructive influence on young people and students attending schools and can diminish or destroy the enjoyment and family atmosphere of persons using parks, playgrounds and other public recreational areas. They can interfere with or even destroy the spiritual experience of persons attending church, synagogue or other places of worship, and can interfere with or even destroy the opportunity for solemn and respectful contemplation at cemeteries and similar facilities.

5. It is necessary to provide for the special and express regulations of business establishments or commercial enterprises that operate as adult body painting studios, adult book stores, adult cabarets, adult car washes, adult companionship establishments, adult hotels or motels, adult massage parlors or health clubs, adult motion picture arcades or theaters, adult modeling studios, adult novelty businesses, adult saunas and similar adult oriented services operating under various names to protect public health, safety and welfare, and to guard against inception and transmission of disease.

6. Businesses such as the types described in division (A)(2)(b)5. above, and all other similar establishments whose services include sessions offered to adults conducted in private by members of the same or opposite sex, and employing personnel with no specialized training, are susceptible to operations contravening, subverting or endangering the morals of the city by being the site of acts of prostitution, illicit sex and occasions of violent crimes, and thus requiring close inspection, permitting and regulations.

7. Control and regulation of businesses of these types, in view of the abuses often perpetrated, require intensive efforts by the Police Department and other departments of the city. It is necessary for the city to provide services to all of the city without concentrating the public services in one area. The concentrated use of city services detracts from and reduces the level of services available to the rest of the city. Thus, these types of establishments can diminish the ability of the city to protect and promote the general health, welfare, morals and safety of the city.

8. The limitation on the hours of operation and the regulation of exterior appearance, including signage, of adult oriented business activities is necessary to protect and secure neighboring uses, to control adverse noise and traffic impacts associated with those activities, and otherwise address, mitigate and, if possible, eliminate the adverse impacts and secondary effects of sexually oriented business activities on the areas in which the activities are located or taking place.

9. The City Council adopts the following land use and permitting regulations, recognizing that it has an interest in the present and future character of the city’s residential and commercial neighborhoods. These regulations are to lessen the detrimental and adverse effects adult uses and sexually oriented businesses have on adjacent land uses and to protect and promote the health, safety and welfare of the residents of the city.

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

ADULT USES. Adult body painting studios, adult book stores, adult cabaret, adult car wash, adult hotels or adult motels, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health/sport clubs, adult sauna/steam room/bathhouses, adult companionship establishments, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation of display, depiction or description of specified sexual activities or specified anatomical areas which the public could see. This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry by state licensed or registered persons. Activities defined as obscene by M.S. § 617.241, as it may be amended from time to time, are not lawful and are not included in the definitions of adult uses.

ADULT USES (ACCESSORY). The offering of goods and/or services classified as adult uses on a limited scale that are incidental to the primary activity and goods and/or services offered by the establishment. Examples of these items include adult magazines, adult movies, adult novelties and the like. ACCESSORY USES that use less than 200 square feet or 10% of the total floor area (square footage), whichever is less, are exempted from obtaining a license under this section and the requirement of being located in the I Industrial Zoning District.

ADULT USES (PRINCIPAL). The offering of goods and/or services classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following.

(a) ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.

(b) ADULT BOOK STORE. An establishment, building or business engaging in the barter, rental or sale of items or merchandise consisting of printed matter, pictures, slides, records, audio tapes, video tapes, computer or video disks, motion picture film or any other similar materials, if the shop is not open to the public generally but only to one or more classes of the public, excluding any minor because of age, if more than 200 square feet or 10% of the useable floor area of the establishment, building or business, whichever is less, has products or materials distinguished or characterized by an emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas.

(c) ADULT CABARET. An establishment, building or business that provides dancing or other live entertainment if the establishment excludes minors by virtue of age and if the dancing or live entertainment is distinguished or characterized by an emphasis on the performance or presentation, display, depiction or description of specified sexual activities or specified anatomical area.

(d) ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agent, independent contractors or persons to appear in a state of partial or total nudity in terms of specified anatomical areas.

(e) ADULT COMPANIONSHIP ESTABLISHMENTS. An establishment or business, if the establishment excludes minors because of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specific sexual activities or specified anatomical areas.

(f) ADULT ENTERTAINMENT FACILITY. A building or space in which an admission is charged for the entrance, or food or non-alcoholic beverages are sold or intended for consumption, and in which may be observed live presentations of entertainment distinguished by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.

(g) ADULT ESTABLISHMENT.

1. An establishment, building or business engaged in any of the following activities or which uses any of the following procedures or practices, either:

a. Any business conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage either by law or by the operators of the business; or

b. Any other business that offers its patrons services, products or entertainment characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.

2. Specifically included in the term, but without limitation, are adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult health clubs, adult saunas, adult companionship establishments, adult cabarets, adult car washes, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels and adult body painting studios.

(h) ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and in which material is presented that is distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specific anatomical areas.

(i) ADULT MASSAGE PARLOR, HEALTH/SPORT CLUB. A massage parlor or health/sport club that restricts minors because of age or law, which provides the services of massage if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(j) ADULT MINI-MOTION PICTURE THEATER. A business, building or establishment in an enclosed building with a capacity for less than 50 persons used for the presenting of visual media material if the business as a prevailing practice excludes minors by virtue of age or law, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.

(k) ADULT MODELING STUDIO. An establishment or business whose major business is the provision to customers of figure models who are provided with the intent of providing sexual stimulation or sexual gratification to those customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by the customers.

(l) ADULT MOTION PICTURE ARCADE. Any building or place to which the public is allowed or invited in which coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, computers or other production devices that show images to five or fewer persons per machine at once, and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

(m) ADULT MOTION PICTURE THEATER. A business premises within an enclosed building with a capacity of 50 or more persons used for presenting visual media material if the business as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

(n) ADULT NOVELTY BUSINESS. A business that has as a principal activity the sale of materials or devices that stimulate human genitals or devices designed for sexual stimulation or which depict or related to specified sexual activities or specified anatomical areas.

(o) ADULT SAUNA/STEAM ROOM/BATHHOUSE. A business that excludes minors because of age, and which provides a steam bath or heat bathing room used for bathing, pleasure, relaxation or reducing, and which utilizes steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna/steam room/bathhouse is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

LICENSED FAMILY DAYCARE, LICENSED GROUP FAMILY DAYCARE, LICENSED CHILD CARE CENTER. A facility holding a license from the county or the state pursuant to M.S. Chapter 245A, as it may be amended from time to time, and/or Minnesota Rules Chapter 9502 or Chapter 9503, as amended.

MINOR. Any person under the age of 18 years.

NUDITY. The showing of the human male or female genitals or pubic area with less than fully opaque covering; the showing of the female breast with less than fully opaque covering of any portion thereof below a point immediately above the top of the areola; or the depiction or showing of the coverage male genitals in a discernibly turgid state.

PLACE OF WORSHIP. A building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.

PUBLIC LIBRARY. Any library that provides free access to all residents of a city or county without discrimination and is organized under M.S. Chapter 134, as it may be amended from time to time.

PUBLIC PARK. A park, reservation, playground, beach or recreation or community center in the city owned, leased or used wholly or in part by a city, county, state, school district or federal government for recreational purposes.

SCHOOL. A building or space that is principally used as a place where 25 or more persons receive a full course of educational instruction. Any post-secondary or post high school educational building, including any college or any vocational-technical college, shall not be deemed a SCHOOL for purposes of this section.

SEXUALLY ORIENTED BUSINESS. Any adult body painting studios, adult book stores, adult cabaret, adult car wash, adult hotels or adult motels, adult motion pictures theaters, adult mini-motion picture theaters, adult massage parlors, adult health/sport clubs, adult sauna/steam room/bathhouse, adult companionship establishments, adult rap/conversation parlors, adult novelty businesses, adult motion picture arcade, adult modeling studios and other premises, enterprises or establishments, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation or display, depiction or description of specified sexual activities or specified anatomical areas which the public could see. This definition does not apply to the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry by state licensed or registered persons. Activities defined as obscene by M.S. § 617.241, as it may be amended from time to time, are not lawful and are not included in the definitions of adult uses.

SPECIFIED ANATOMICAL AREAS.

(a) Less than completely and opaquely covering human genitals, pubic region or pubic hair, buttock, anus or female breast or breast below a point immediately above the top of the areola or any combination of the foregoing; and

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES.

(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or fondling of unclothed genitals, pubic region, buttock or female breast, flagellation or torture in a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus; buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia; piquerism; sapphism; sodomy; zooerasty;

(b) Human genitals in the state of sexual stimulation, arousal or tumescence;

(d) Fondling or touching of human genitals, pubic regions or pubic hair, buttocks, female breasts;

(e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any person;

(f) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;

(g) Human excretion, urination, menstruation, vaginal or anal irrigation; or

(h) Any combination of the above.

(1) Except as may otherwise be permitted in this section, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this section.

(2) No adult oriented business shall engage in any activity or conduct, or permit any other person to engage in any activity or conduct, in or about an establishment which is prohibited by any ordinance of the city, the laws of the state or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.

(D) Licensing.

(1) License required. No person, firm or corporation shall own or operate an adult oriented business in the city without having first secured a license as provided herein.

(2) Exemption. Access uses that use less than 200 square feet or 10% of the total floor area (square footage), whichever is less, of the establishment, space, structure or building in which it is located are exempted from obtaining a license.

(3) Applications.

(a) An application for a license shall be made on a form provided by the city.

(b) This application shall include:

1. The name, residence, phone number and birth date of the applicant, if an individual; and if a corporation, partnership, limited liability corporation (LLC) or similar entity, the names, residences, phone numbers and birth dates of those owners holding more than 5% of issued and outstanding stock of the corporation or ownership interest in a partnership, LLC or similar entity;

2. The names and addresses of all creditors of the applicant, owner, lessee or manager insofar as the same have furnished or extended credit for the purposes of constructing, equipping, maintaining, operating, furnishing or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of the business;

3. The name, address, phone number and date of birth of all employees, and of the operator, manager or lessee of the operation, if different from the owner(s);

4. A statement detailing each misdemeanor, gross misdemeanor or felony relating to a sex related offense and/or the operation of adult uses and related activities of which the manager, operator, lessee, employees and/or applicant and, for a corporation, the owners of more than 5% of the issued and outstanding stock of the corporation or ownership interest in a partnership, LLC or similar entity, have been convicted, and whether the applicant has ever applied for or held a license to operate a similar type of business in other counties or cities;

5. The activities and type of business to be conducted;

6. The address and legal description of the building, establishment or premises where the adult oriented business is to be located;

7. A building plan of the premises detailing internal operations and activities, including a statement of total floor space occupied by the business;

8. A description or building plan that details all proposed interior and exterior changes to an existing building or structure;

9. Intended hours of operations;

10. Provisions made to restrict access by minors;

11. The license fee required by this section must accompany the application; and

12. Each application shall contain a provision on the application in bold print stating that any withholding of information or the providing of false or misleading information will be grounds for the denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be reported to the City Clerk-Treasurer by the applicant or licensee. If the changes take place during the investigation, the data shall be provided to the City Council. Failure to report the changes by the applicant(s) or the licensee may result in the denial or revocation of a license.

(4) License fees.

(a) The annual fee, investigative fee and late fees for an adult business license shall be established by resolution of the City Council.

(b) Each application for a license shall be accompanied by payment in full of the required application and investigation fees for the license. All fees shall be paid at the time of application.

(c) All permits/licenses shall expire on the last day of December in each year. The city shall issue each license for one year, except if part of the license year has elapsed when the application is made, the city may issue a license for the remainder of the year for a prorated fee. In computing the fee, the city shall count any unexpired fraction of a month as one month. License fees shall be considered past due as of January 1 if not paid. Late fees will be assessed on all past due license applications.

(d) No part of any annual fee, investigative fee and/or late fee paid as required by this section shall be refunded.

(5) Granting of license. The city shall investigate all facts set out in the application, including a background check by the Police Chief of the applicant or licensee, the manager, operator and each cabaret dancer. The City Council shall act to approve or disapprove the license application within 60 days from the date the application was submitted. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected.

(6) Persons ineligible for license. The city shall not grant a license to, nor may one be held by, any person who:

(a) Is under 21 years of age;

(b) Has been convicted of a felony or any obscenity crime as defined by M.S. §§ 617.23 through 617.299 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith;

(d) Has not paid the license and investigative fees required by this section;

(e) Is not a citizen of the United States; or

(f) Has had an adult use or similar permit or license revoked under an ordinance or statute similar to this section.

(7) Place ineligible for license.

(a) No license shall be granted for adult oriented business on any premises where a licensee has been convicted of a violation of this section, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction or revocation.

(b) Except uses lawfully existing at the time of this section, no license shall be granted for any adult oriented business that does not meet all city ordinance requirements, all building and fire codes requirements and all provisions of state and federal law.

(8) Nonconforming uses.

(a) No adult oriented business shall be expanded or enlarged except in conformity with the provisions of this section.

(b) A nonconforming adult oriented business shall be required to apply for and receive an adult oriented establishment license from the city. The city does not require a public hearing before issuing a license for the nonconforming adult oriented business.

(9) Conditions of license generally.

(a) The city shall issue the license to the applicant. The license shall not be transferred to another holder.

(b) The license shall be issued only for the premises or location described in the application. No license may be transferred to another location or place without the approval of the City Council.

(c) Every license shall be granted subject to the conditions of the following divisions (D)(9)(d) through (D)(9)(f) below and all other provisions of this section and of any applicable city, state and federal law.

(d) The license, if granted, shall state on its face the name of the licensee, the expiration date and the address of the business. All licensed premises shall have the license posted in a conspicuous place at or near the entrance of the business so that it maybe easily read at any time.

(e) No minor shall be allowed in or on the premises of an adult oriented business.

(f) Every licensee shall be responsible for the conduct of its place of business and shall maintain conditions consistent with this section and all federal, state and local rules and regulations generally.

(10) Additional conditions for adult cabarets.

(a) Dancer’s license. No person shall dance at an adult cabaret without a valid dancer’s license issued by the city.

(b) Dancer’s license application and issuance.

1. Application for dancers’ licenses shall be made to the city.

2. An application for dancers’ licenses shall be verified and shall contain or set forth the following information:

a. The applicant’s names, home addresses (current and former), home telephone number, date of birth and aliases (past and present); and

b. The business name and address where the applicant intends to dance.

3. Application shall be accompanied by a nonrefundable fee of $5;

4. Within five days of receipt of an application for dancer’s license, the city shall issue the license; and

5. A dancer’s license shall entitle a dancer to dance only at the business indicated on the dancer’s license application.

(c) Dancer’s license; renewal, revocation. A dancer’s license may be renewed by following the application procedure in division (G) below.

(d) Additional conditions.

1. No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude.

2. No dancer, live entertainer or performer, patron or any other person shall be nude in an adult cabaret.

3. No dancer, live entertainer or performer shall be under 18 years old.

4. All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet from the level of the floor.

5. No dancer or performer shall perform any dance or live entertainment closer than ten feet to any patron.

6. No dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer.

7. No patron shall pay or give any gratuity to any dancer or performer.

8. No dancer or performer shall solicit any pay or gratuity from any patron.

(E) Inspection.

(1) Access. An applicant or licensee shall permit health officials, representatives of the Police Department, Fire Department and Building Inspection Division to inspect the premises of an adult oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

(2) Refusal to permit inspections. A person who operates an adult oriented business or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, Fire Department and Building Inspection Division at any time it is occupied or open for business. Refusal to permit inspections may result in the suspension, revocation or non-renewal of the license as provided in division (G) below.

(3) Exceptions. The provisions of this section do not apply to areas of an adult motel, which are currently being rented by a customer for use as a permanent or temporary habitation.

(F) Location conditions of license. The city shall permit adult oriented establishments to be located only in the I Industrial Zoning District, with a conditional use permit, and subject to the following conditions.

(1) No adult oriented establishment shall be located closer than 300 feet from any other adult use principal or sexually oriented business in the city. Measurements shall be made in a straight horizontal line, without regard to city or county boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult use or sexually oriented business to the nearest point of the actual business premises of any other adult use or sexually oriented business.

(2) No adult oriented establishment shall be located closer than 500 feet from any residential lot line, place of worship, school, public park, licensed family daycare home, public library or licensed child care or daycare center in the city or county. Measurements shall be made in a straight horizontal line, without regard to city or county boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult use or sexually oriented business to the nearest property line of the premises or building used as a dwelling or residence, place of worship, school, public park, licensed family daycare home, licensed group family daycare home, public library or licensed child care or daycare center.

(3) No adult oriented establishments shall be located closer than 500 feet from any residential lot line, any residential zoning district or any residential planned unit development (PUD). Measurements shall be a straight horizontal line, without regard to city or county boundaries, intervening structures or objects, from the nearest point of the actual business premises of the adult oriented establishment to the nearest property line of the premises or building use as a dwelling or residence, residential zoning district or PUD.

(4) No adult oriented establishments shall be located closer than 500 feet from any state or federal trunk highway or any major city thoroughfare.

(5) The city prohibits any building owner or operator from having more than one of the following uses, tenants or activities in the same building structures: adult body painting studio; adult book store; adult cabaret; adult car wash; adult companionship establishment; adult entertainment facility; adult hotel or motel; adult modeling studio; adult sauna/steam room/bathhouse; adult motion picture theater; adult mini-motion picture theater; adult massage parlor; adult health/sports club; adult novelty business; any business or establishment in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas that the public can see.

(6) An adult oriented establishment shall not sell or dispense non-intoxicating or intoxicating liquors, nor shall it be located within 500 feet of a building that contains a business that sells or dispenses 3.2% malt liquor beverage or intoxicating liquors. An adult use oriented establishment shall not allow the consumption of non-intoxicating or intoxicating liquors anywhere on a parcel containing that use or business.

(7) No adult oriented establishment’s entertainment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment that is prohibited by any ordinance of city, the laws of the state or the United States of America. Nothing in the section shall be construed as authorizing or permitting conduct that is prohibited or regulated by other statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors.

(8) No adult use oriented establishment shall be conducted in any manner that permits the perception or observation from any property not approved as an adult use of any materials depicting, describing or relating to specified sexual activities or specified anatomical areas by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means.

(9) All adult use oriented establishments shall prominently display a sign at the entrance and located within two feet of the door opening device of the adult use establishment or section of the establishment devoted to adult books or materials which states:

“This business sells or displays material containing adult themes. Persons under 18 years of age shall not enter.”

(10) No adult oriented establishments (principal) shall be open to the public between the hours of 10:00 p.m. and 10:00 a.m. on the days of Monday through Saturday. No adult oriented establishments (principal) shall be open to the public on Sunday.

(11) Adult use accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.

(12) An adult oriented establishment shall prevent off-site viewing of its merchandise, which if viewed by a minor would be in violation of M.S. Chapter 617, as it may be amended from time to time, or other applicable federal or state statutes or local ordinances.

(13) All entrances to the establishment with the exception of the emergency fire exits which are not useable by patrons to enter the business shall be visible from a public right-of-way.

(14) The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including, but not limited to, books, magazines, photographs, video tapes or any other material.

(15) Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises.

(16) No adult oriented establishment may be granted a conditional use permit under this section unless it is applied for and received a license pursuant to this section. Applications for an adult oriented establishment license and a conditional use permit may happen concurrently or a special use permit may be granted under the section subject to the applicant receiving a license pursuant to this section. An applicant for a special use permit under this section shall also include a copy of the application for the license under division (D) above with the application under this section.

(G) Expiration, suspension, revocation or non-renewal of license.

(1) Expiration. Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in division (D) above. Applications for renewal must be made at least 60 days before the expiration date.

(2) Suspension, revocation or non-renewal. The city may revoke, suspend or not renew a license upon recommendation of the City Police Chief that shows that the licensee, its owners, managers, operator, employees, agents or any other interested parties have engaged in any part of the following conduct:

(a) Fraud, deception or misrepresentation about securing the license;

(b) Licensee or employees has or have knowingly allowed possession, use or sale of alcohol or controlled substances on the premises;

(c) Knowing permitted gambling by any person on the adult oriented establishment premises. Knowingly operated the adult oriented establishment during a period of time when the licensee’s license was suspended;

(d) Demonstrated inability to operate or manage an adult oriented establishment in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers;

(e) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises;

(f) Refused to allow an inspection of the adult oriented establishment premises as authorized by this section; and

(g) Conviction of a felony or any offensive involving moral turpitude.

(3) Notice. A suspension, revocation or non-renewal by the city shall be preceded by written notice to the licensee and a public hearing before the City Council. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof.

(4) Decision. At the conclusion of the hearing the City Council may order:

(a) The revocation, suspension or non-renewal be affirmed; or

(b) The revocation, suspension or non-renewal be lifted and that the license be returned to the certificate holder.

(5) Appeals. After denial of an application, or denial of renewal of an application or suspension or revocation of any license, the applicant of licensee may seek prompt judicial review of the administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(H) Sign restrictions.

(1) The following sign regulations shall apply to all adult oriented establishments in the city. These regulations are to protect children from exposure to sexually oriented or shocking signs and materials and to preserve the value of property near adult oriented establishments.

(2) These regulations are aside from any other provisions of the city’s regulations.

(a) All signs shall be flat wall mounted signs. No signs shall be freestanding, located on the roof or contain any flashing lights, moving elements or electronically or mechanical changing messages. No signs shall contain any message or image which ideas specified sexual activities or specified anatomical areas as defined herein.

(b) The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, not to exceed 50 square feet.

(c) No merchandise, photos or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building or structure in which the adult use or sexually oriented business is located.

(d) No signs shall be placed in any window. A two foot square sign may be placed on the door to state the hours of operation and admittance to adults only.

(I) Severability. In the event any section, division, clause, phrase or portion of this section is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision, and any holding shall not affect the validity of the remainder of this section. It is the legislative intent of the City Council that this section would have been adopted if the illegal provision had not been included or any illegal application had not been made.

(Ord. 163, passed 7-22-2003)

§ 152.102 CLOSED LANDFILL RESTRICTED (CLR).

(A) Purpose.

(1) The Closed Landfill Restricted (CLR) District is intended to apply to former landfills that are qualified to be under the closed landfill program of the Minnesota Pollution Control Agency (MPCA). The purpose of the district is to limit uses of land within the closed landfill, both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place and, at the same time, are protective of human health and safety. This district shall only apply to the closed landfill’s land management area, the limits of which are defined by the MPCA. This district shall apply whether the landfill is in public (MPCA, county, city, township), Indian tribal or private ownership.

(2) For purposes of this section, the land management area for the city landfill, a qualified facility under the MPCA’s closed landfill program, is described as:

The north one-half of the southeast quarter (N 1/2 - SE 1/4) and the south one-half of the northeast quarter (S 1/2 - NE 1/4) lying west of the centerline of County Highway 666, consisting of 67.23 acres;

and

That part of the south one-half of the northeast quarter of the southeast quarter (S 1/2 - NE 1/4 - SE 1/4) lying west of the centerline of County Highway 666, consisting of 8.6 acres;

and

The south one-half of the northwest quarter of the southeast quarter (S 1/2 - NE 1/4 - SE 1/4), consisting of 15.3 acres;

and

That part of the southeast quarter of the southeast quarter (SE 1/4 - SE 1/4) lying north of the northerly line of the Duluth, Messabe and Iron Range Railway and lying west of the centerline of Highway 666, consisting of 1.4 acres;

and

That part of the southwest quarter of the southeast quarter (SW 1/4 - SE 1/4) lying north of the northerly line of the Duluth, Messabe and Iron Range Railway, consisting of 0.5 acres.

All in Section Four, Township 58 North, Range 14 West, St. Louis County, Minnesota.

(B) Permitted uses. The following uses are permitted within the CLR District: closed landfill management use and solar energy farm use.

(C) Accessory uses. Accessory uses allowed in this district include outdoor equipment or small buildings used in concert with gas extraction systems, other response action systems, monitoring wells or any other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill monitoring or improvement systems. Fences and gates shall apply under these provisions.

(D) Conditional uses.

(1) Conditional uses shall be limited to uses that do not damage the integrity of the land management area and that continue to protect any person from hazards associated with the landfill.

(2) Any application for a conditional use must be approved by the Commissioner of the MPCA and the City Planning Commission. The approved use shall not disturb, or threaten to disturb, the integrity of the landfill cover, liners, any other components of any containment system, the function of any monitoring system that exists upon the described property or other areas of the land management area that the Commissioner of the MPCA deems necessary for future response actions.

(E) Prohibited uses and structures. All other uses and structures not specifically allowed as conditional uses, or that cannot be considered as accessory uses, shall be prohibited in the CLR District.

(F) Rezoning. The rezoning district map is amended to rezone the following property from Mineral Mining District (MM), to Closed Landfill Restricted (CLR):

and

That part of the south one-half of the northeast quarter of the southeast quarter (S 1/2 - NE 1/4 - SE 1/4) lying west of the centerline of County Highway 666, consisting of 8.6 acres;

and

The south one-half of the northwest quarter of the southeast quarter (S 1/2 - NE 1/4 - SE 1/4), consisting of 15.3 acres;

and

That part of the southeast quarter of the southeast quarter (SE 1/4 - SE 1/4) lying north of the northerly line of the Duluth, Messabe and Iron Range Railway and lying West of the centerline of Highway 666, consisting of 1.4 acres;

and

That part of the southwest quarter of the southeast quarter (SW 1/4 - SE 1/4) lying north of the northerly line of the Duluth, Messabe and Iron Range Railway, consisting of 0.5 acres.

All in Section Four, Township 58 North, Range 14 West, St. Louis County, Minnesota.

(G) Amendment. Any amendment to this section, including specifically the description of permitted uses, accessory uses, conditional uses or prohibited uses and structures, or the description of the Closed Landfill Restricted District as set forth in the zoning map, must be approved by the Commissioner of the MPCA and the City Council.

(Ord. 206, passed 6-23-2014)

§ 152.103 STORAGE DISTRICT (S-1).

(A) Purpose. To provide for storage.

(B) Permitted uses. Within an S-1 Storage District, no structure or land shall be used except for the following uses:

(1) Storage of personal property within storage buildings;

(2) Outside storage of personal property; and

(3) Fencing, with no height restriction.

Front lot fence setback	20 feet
Front lot setback	20 feet
Maximum building size	2,800 square feet of ground coverage including buildings, driveway whether asphalt or gravel and any cement areas
Minimum building size	576 square feet
Rear lot setback	5 feet
Sidelot setbacks	5 feet

(D) Reoning. Rezoning district map is amended to rezone the following property from General Business District (B-2), to Storage District (S-1):

That part of the northwest quarter of the southwest quarter, Section Nine, Township 58 North, Range 14 West, described as follows:

Commencing at the southwest corner of said NW 1/4 - SW 1/4; thence North 00 degrees 05 minutes 59 seconds east, along the west line of said NW 1/4 - SW 1/4 and the west line of the Memorial Cemetery recorded in Book 13 Plats, Page 13 a distance of 410.00 feet to the point of beginning at the northwest corner of said Memorial Cemetery; thence south 89 degrees 54 minutes 01 second east, along the north line of said Memorial Cemetery a distance of 853.00 feet to the northeast corner of said Memorial Cemetery; thence north 00 degrees 05 minutes 59 seconds west a distance of 1075.75 feet to the point of intersection with a line drawn parallel with and distant 75.00 feet southeasterly of the centerline of County Road 666 (Kensington Drive); thence north 72 degrees 56 minutes 44 seconds east, along said parallel line a distance of 470.55 feet to the east line of said NW 1/4 - SW 1/4; thence north 00 degrees 14 minutes 37 seconds east, along said east line a distance of 79.13 feet to the centerline of said County Road 666 (Kensington Drive); thence southwesterly, along a non-tangential curve in said centerline and concave to the northwest having a radius of 2864.79 feet, central angle of 01 degree 33 minutes 16 seconds (the chord of said curve at this point bears south 72 degrees 10 minutes 06 seconds west), a distance of 77.72 feet; thence south 72 degrees 56 minutes 44 seconds west, continuing along said centerline a distance of 919.95 feet; thence southwesterly, continuing along said centerline along a tangential curve concave to the northwest having a radius of 8594.37 feet, central angle of 02 degrees 46 minutes 53 seconds, a distance of 417.20 feet to the west line of said NW 1/4 - SW 1/4; thence south 00 degrees 05 minutes 59 seconds west, along said west line a distance of 506.76 feet to the point of beginning.

(Ord. 205, passed 6-23-2014)

Hoyt Lakes City Zoning Code

DISTRICT PROVISIONS

§ 152.085 DISTRICTS.

(A) Zoning districts. For the purpose of this chapter the city is hereby divided into the following zoning districts:

(1) Residential districts:

(a) R-1 Single-Family Residential District;

(b) R-2 Single-Family Residential District;

(d) R-4 Mobile Homes District;

(e) R-5 Two-Family and Townhouse District; and

(f) R-6 Multiple-Family Residential District.

(2) Business districts:

(a) B-1 Limited Business District;

(b) B-2 General Business District; and

(3) Industrial District;

(4) CD Conservancy District;

(5) MM Mineral Mining District;

(6) CLR Closed Landfill Restricted District; and

(7) S-1 Storage District.

(Ord. 110, passed 4-23-1991; Ord. 205, passed 6-23-2014; Ord. 206, passed 6-23-2014; Ord. 212, passed 7-25-2016)

§ 152.086 ZONING DISTRICT MAP.

(Ord. 110, passed 4-23-1991)

§ 152.087 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1).

(B) Permitted uses. Within any R-1 District, no structure or land shall be used except for one or more of the following uses:

(1) Single-family detached dwellings; and

(2) Public parks and playgrounds.

(C) Conditional uses. Within any R-1 Single-Family Use District, no structure or land shall be used for the following uses unless a conditional use permit is approved:

(3) Kennels.

(D) Permitted accessory uses. Within any R-1 District, the following uses shall be permitted accessory uses:

(1) Private garages, parking spaces and carports for passenger cars and not for more than two trucks;

(2) Home occupations as regulated herein;

(3) Decorative landscape features and recreation equipment;

(4) Keeping of not more than two boarders or roomers by resident family;

(5) Signs as regulated herein;

(6) Private swimming pools and tennis courts;

(7) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for the construction; and

(8) Firewood for private use not to exceed 30-inch lengths.

(E) Lot area, height, lot widths and yard requirements.

(1) No structure shall exceed two stories, or 25 feet whichever least, in height except as otherwise regulated by this chapter.

(2) A side yard abutting a public right-of-way (street) shall not be less than 30 feet in width.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard depth	53 feet from centerline of right-of-way
Minimum habitable ground floor area	1,040 square feet
Minimum lot area	43,560 square feet
Minimum lot width	150 feet
Rear yard depth	50 feet
Side yard depth	16 feet

(Ord. 110, passed 4-23-1991)

§ 152.088 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2).

(B) Permitted uses. Within the R-2 District, no structure or land shall be used except for one or more of the following uses:

(1) Single-family detached dwellings; and

(2) Public parks and playgrounds.

(C) Conditional uses. Within any R-2 Single-Family Use District, no structure or land shall be used for the following uses unless a conditional use permit is approved:

(2) Cemeteries, provided the site does not include more than 40 acres and is so designed as to provide the necessary rights-of-way to accommodate the major thoroughfare and collector system;

(3) Churches including those related structures located on the same site which are an integral part of the church proper;

(4) Public buildings and utility structures subject to the following:

(e) Park buildings;

(f) Day nursery, provided play space of 60 square feet per child is provided within a fenced area other than front yard; and

(5) Kennels; and

(6) Public or parochial schools, which having a curriculum equivalent to a public elementary school or a public high school.

(D) Permitted accessory uses. Within any R-2 District, the following uses shall be permitted accessory uses: accessory uses as permitted and regulated in § 152.087(D).

(E) Lot area, height, lot widths and yard requirements.

(1) No structure shall exceed two stories or 25 feet whichever is least, in height except as otherwise regulated by this chapter.

(2) A side yard abutting a public right-of-way (street) shall not be less than 18 feet in width.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard depth	53 feet from centerline of right-of-way
Minimum habitable ground floor area	864 feet
Minimum lot area	10,800 square feet
Minimum lot width	85 feet
Rear yard depth	35 feet
Side yard depth	6 feet

(Ord. 110, passed 4-23-1991)

§ 152.089 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-3).

(B) Permitted uses. Within any R-3 District, no structure or land shall be used except for one or more of the following uses:

(1) Single-family detached dwellings; and

(2) Public parks and playgrounds.

(C) Conditional uses. Within any R-3 Single-Family Use District, no structure or land shall be used for the following uses until a conditional use permit is approved:

(1) Any use as permitted and regulated in § 152.088(C)(2) through (C)(6); and

(D) Permitted accessory uses. Within any R-3 District, the following uses shall be permitted accessory uses: accessory uses as permitted and regulated in § 152.087(D).

(E) Lot area, height, lot widths and yard requirements.

(1) No structure shall exceed two stories or 25 feet whichever is least, in height except as otherwise regulated by this chapter.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard depth	53 feet from centerline of right-of-way
Minimum habitable ground floor area	720 square feet
Minimum lot area	8,250 square feet
Minimum lot width	65 feet
Rear yard depth	35 feet
Side yard depth	4 feet

(Ord. 110, passed 4-23-1991; Ord. 191, passed 7-27-2010)

§ 152.090 MOBILE HOMES (R-4).

(B) Permitted uses. Within any R-4 District, no structure or land shall be used except for one or more of the following uses:

(1) Public parks and playgrounds; and

(2) Mobile home park.

(C) Conditional uses. Within any R-4 Mobile Home District, no structure or land shall be used for the following uses unless a conditional use permit is approved:

(2) Mobile home parks as regulated by this chapter.

(D) Mobile home park regulations.

(1) No person, firm or corporation shall develop or operate any mobile home court without having a conditional use permit, pursuant to this chapter.

(2) No person shall park or occupy a mobile home on any land situated outside an approved mobile home court, subject to the following exceptions:

(a) Temporary maintenance of a mobile home for business purposes on the business premises or adjacent property where the mobile home is used in connection with work on the premises; and

(3) The following are prohibited with respect to a mobile home properly located, either temporarily or permanently: construction of a permanent foundation or permanent enclosure thereunder.

(E) Mobile home court requirements.

(5) All water supply and sanitation facilities must conform to the current recommendations of the Minnesota Department of Health. Fire hydrants shall be provided as required by the City Engineer.

(6) All mobile home courts shall have an area or areas set aside for dead storage. The storage area shall be screened.

(7) A landscaped area with minimum depth of 75 feet shall be maintained around the perimeter of each mobile home court.

(8) Street rights-of-way shall not be less than 60 feet in width.

(9) A concrete or rolled bituminous curb and gutter shall be constructed on each side of the road. The curb and gutter shall comply with all applicable city ordinances.

(11) In addition to the required off-street parking for each mobile home lot, the mobile home court shall provide and maintain a paved off-street parking lot for guests of occupants.

(12) There shall be no outdoor camping anywhere in the mobile home court and no tents shall be erected or occupied.

(F) Minimum requirements.

Front yard setback	53 feet from centerline of right-of-way
Lot area per dwelling unit	7,200 square feet
Lot depth	120 feet
Lot width	60 feet
Rear yard setback	25 feet
Side yard setback	10 feet

(4) Except for the areas used for the mobile home, patio, sidewalk and off-street parking space, the entire remaining area of the mobile home lot shall be sodded and maintained with grass.

(6) Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and each anchor shall be able to sustain a minimum tensile strength of 2,800 pounds.

(b) Alternate fuel systems. Private fuel containers and solar energy resources appliances may be installed providing:

1. The installations and appliances meet all applicable codes and safety requirements;

2. The installation does not emit any irritating noise, odor or solar reflection which may affect other residents; and

3. The installation of appliances shall be screened from public view in complimentary design to home, lot and park. Screening shall be maintained on all alternate fuel containers or appliances.

(G) Structural requirements.

(2) All structures, other than the mobile home, shall require a zoning permit.

(3) Mobile homes shall not be located, or permitted, to remain in the city unless they:

(a) Conform to all requirements of the statutes of the state, including particularly M.S. Chapter 327, as it may be amended from time to time;

(b) Are in sanitary condition; and

(4) Unoccupied mobile homes must be removed from the court within 90 days after they become unoccupied.

(Ord. 110, passed 4-23-1991; Ord. 137, passed 5-28-1996)

§ 152.091 TWO-FAMILY AND TOWNHOUSE DISTRICT (R-5).

(B) Permitted uses. Within any R-5 Residential District, no structure or land shall be used except for one or more of the following uses:

(1) Two-family dwellings;

(2) Private or parochial school which teaches a curriculum similar to public schools provided that no building shall be located nearer than 25 feet from any lot line;

(4) Public office buildings, parks and playgrounds.

(C) Conditional uses. Within any R-5 Residential District, no structure or land shall be used for the following uses except by conditional use permit:

(1) Any use listed in § 152.088(C) and as regulated therein except as modified herein;

(2) Single-family detached dwellings;

(3) Accessory buildings other than garages;

(4) One-family townhouse subject to the following:

(a) The structure containing a townhouse shall have three to ten dwelling units;

(b) The structure containing a townhouse shall conform to all yard regulations;

(c) A fire wall shall be required to separate each two dwelling units connected by a common wall from all other units; and

(d) All driveways and parking areas which accommodate three or more cars shall be surfaced with a permanent hard surfaced material.

(5) Rest home or nursing home.

(D) Permitted accessory uses. Within any R-5 District, the following uses shall be permitted accessory uses:

(1) Permitted accessory uses as provided and regulated in § 152.087(D) except as modified herein; and

(2) Private garages, parking spaces and carports for passenger cars and for one truck at not more than a 7,000 pound rated capacity.

(E) Lot area, height, lot width and yard requirements.

(1) No residential structure shall exceed two stories.

(2) A side yard abutting a public right-of-way (street) shall not be less than 20 feet in width.

(3) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter.

Front yard	53 feet from centerline of right-of-way
Minimum lot area (single-family detached)	7,200 square feet
Minimum lot area (two-family dwelling)	9,000 square feet
Minimum lot width (single-family detached)	60 feet
Minimum lot width (two-family dwelling)	80 feet
Minimum square footage per family unit (townhouses)	4,500 square feet
Rear yard	30 feet
Side yard	1 shall be 10 feet with the sum of the 2, 16 feet or more

(F) Floor area requirement.

(1) Single-family detached dwelling shall contain at least 960 square feet of floor area, 600 square feet of which shall be on the first floor.

(2) Two-family dwellings shall contain at least 800 square feet of floor area per dwelling unit.

(3) Townhouse dwellings shall contain at least 720 square feet when one story and at least 1,100 square feet when two story, minimum side setback shall be 20 feet.

(Ord. 110, passed 4-23-1991)

§ 152.092 MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-6).

(B) Permitted uses. Within any R-6 District, no structure or land shall be used except for one or more of the following uses:

(1) All uses as permitted and regulated in § 152.091(B) except as herein modified;

(2) Multiple-dwelling unit structures up to three stories in height;

(3) Clinics for human care, nursing homes and sanitariums provided the site shall contain not less than 500 square feet of lot area for each person to be accommodated;

(4) Offices for persons engaged in one of the recognized professions, finance, insurance, real estate, religious or philanthropic organizations;

(5) Funeral homes and mortuaries; and

(6) Y.M.C.A. and other similar non-profit organizations.

(C) Conditional uses. Within the R-6 Multiple-Family Use District, no structure or land shall be used for the following uses until a conditional use permit is approved.

(1) Any use listed in § 152.091(C) and as regulated therein; and

(2) Laundromat.

(E) Height, lot widths and yard requirements.

(1) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth:

(a) Height shall be limited to 40 feet;

(b) Minimum lot width shall be 120 feet and lot area of 15,000 square feet or more;

(d) Side yard shall be one-half height of building or 15 feet whichever is greater; and

(e) Rear yard shall be 40 feet or more.

(2) Lot area per dwelling unit:

(a) One bedroom: five times minimum floor area;

(b) Two bedroom: five times minimum floor area;

(d) A credit for 300 square feet shall be given for each parking space provided in the principal building.

(3) Floor area requirements for dwelling units:

(a) Each one bedroom apartment shall have not less than 600 square feet of floor area;

(b) Each two bedroom apartment shall have not less than 750 square feet of floor area; and

(Ord. 110, passed 4-23-1991; Ord. 150, passed 5-26-1998)

§ 152.093 SINGLE-FAMILY LAKESHORE RESIDENTIAL (R-7).

(A) Includes all provisions of § 152.089(A) through (E), except § 152.089(C)(2) (two-family dwellings will not be allowed as a conditional use).

(B) Additional permitted use:

(a) End of first year: sufficient land cleared for a permitted residential structure;

(b) End of second year: completed installation of permitted water and sewer service lines;

(d) End of fourth year: completed construction of a permitted residential structure.

(2) This failure to comply with these benchmarks will constitute a violation of the zoning regulations, as amended from time to time.

(C) Additional permitted accessory use: accessory uses as permitted and regulated in § 152.100(E)(2)(b)2. and (E)(2)(b)3.

(Ord. 182, passed 11-27-2007)

§ 152.094 RETAIL BUSINESS DISTRICT (B-1).

(B) Permitted uses. Within a B-1 Business District, no building or land shall be used except for one or more of the following uses:

(1) Retail shopping uses - stores and shops selling household goods over the counter or selling personal services. Included are stores selling:

(a) Antiques;

(b) Apparel shops;

(d) Art and school supplies;

(e) Auto accessories and parts when conducted entirely within an enclosed building, but not including vehicle maintenance shops;

(f) Bakery or pastry shops selling retail only;

(g) Off-sale liquor;

(h) Bicycles;

(i) Barber or beauty shops;

(j) Book or stationery store;

(k) Building materials that are within completely enclosed buildings;

(l) Candy, ice cream, soft drinks or confectionery stores excluding drive-in type stores;

(m) Cameras, photographic supplies, photographic studios and video and tape rentals;

(n) Carpets, rugs and floor covering;

(o) China and glassware;

(p) Clothing (including dressmaking, millinery and tailor shops);

(q) Costume and formal wear rental;

(r) Delicatessens;

(s) Dry cleaning, laundry collection stores, laundromats, tailor shops;

(t) Dry goods;

(u) Florist shop;

(v) Food stores;

(w) Frozen foods and meat market, but not including locker plants or meat slaughter houses;

(x) Furniture, upholstering, picture framing, interior decorating studios;

(y) Garden supplies (year round operations only);

(z) Gifts and novelty stores;

(aa) Hardware and sporting goods;

(bb) Hobby supplies;

(cc) Jewelry, time pieces, silverware;

(dd) Leather goods and luggage;

(ee) Musical instruments, records, television, radio, hi-fi and the like;

(ff) Office supplies and equipment;

(gg) Paint and wallpaper and related material;

(hh) Pets and pet supplies provided it is operated in a manner as to cause no offensive noise or odor;

(ii) Post office;

(jj) Sewing center, machine sales, sewing classes, yard goods;

(kk) Shoe store and repair;

(ll) Sporting goods; and

(mm) Theaters, excluding drive-in type.

(2) Banks and financial institutions;

(3) Clubs or lodge;

(4) Medical and dental offices and laboratories;

(5) Hotels and motels;

(6) Offices, business and professional libraries;

(7) Public and private utility uses;

(8) Mortuary and funeral homes;

(9) Temporary sales, such as Christmas tree lots;

(10) Drug stores;

(11) Department stores;

(12) Discount stores;

(13) Variety stores;

(14) Service station (motor fuel station and automobile repair - minor);

(15) Recreational facilities;

(16) Restaurants (Class 1) and catering;

(17) Tobacco and tobacco product sales; and

(18) Cannabinoid sales.

(C) Uses by conditional use permit. Within a B-1 Retail Business District, no building or land shall be used for one or more of the following uses except by conditional use permit:

(1) Accessory buildings and structures;

(2) On-sale liquor;

(3) Assembly, convention or lodge hall;

(4) Restaurants (Class 2) with live entertainment;

(5) Dwelling units provided the units do not occupy the first floor;

(6) Open sales lots provided:

(a) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer;

(b) The assembly, repair or manufacture of goods shall not occur within the open sales lot; and

(c) There is located thereon a building devoted to and used in the sales which is at least as large in floor area as the occupation and use.

(7) Animal hospitals and pet shops;

(8) Schools for music, dance or business;

(9) Banks with drive-in facilities; and

(10) Drive-in photo processing pick-up.

(D) Permitted accessory uses. Within a B-1 Retail Business District, the following shall be permitted accessory uses:

(1) Any incidental repair, processing or storage necessary to conduct a permitted principal use, but not to exceed 30% of the floor space of the principal building;

(2) Decorative landscape features;

(3) Off-street loading;

(4) Parking for permitted and conditional use;

(5) Signs as regulated herein; and

(6) Buildings temporarily located for purposes of construction on the premises for a period not to exceed completion of construction.

(E) Height, lot coverage and minimum lot area regulations.

(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed two stories or 25 feet in height.

(2) Yard regulations.

(a) Front yard regulations. There shall be a front yard having a depth of not less than 40 feet.

(b) Side yard regulations.

1. Buildings located on a corner lot shall have a side yard setback of not less than 30 feet from the street;

2. Buildings located on interior lots shall have a side yard setback of not less than ten feet; and

3. Except that no building shall be located within 75 feet of any side lot line abutting a lot in any of the classes of residential districts.

(3) Rear yard regulations.

1. There shall be a rear yard having a depth of not less than 30 feet; and

2. Except that no building shall be located within 75 feet of any rear lot line abutting a lot in any of the classes of residential districts.

(4) Lot coverage regulations. Not more than 35% of the lot or plot area shall be occupied by buildings.

(5) Lot area regulations. The minimum area of land to be included in a B-1 Retail Business District shall be at least 20,000 square feet.

(Ord. 110, passed 4-23-1991; Ord. 116, passed 11-12-1991; Ord. 137, passed 5-28-1996; Ord. 144, passed 2-11-1997; Ord. 172, passed 3-22-2005; Ord. 239, passed 1-23-2023)

§ 152.095 GENERAL BUSINESS DISTRICT (B-2).

(A) Purpose. To provide centralized areas for businesses that are highway or automobile oriented businesses, and for light-industrial and wholesale enterprises.

(B) Permitted uses.

(1) All uses permitted (whether by right of conditional use permit) in District B-1;

(2) Live bait stores;

(3) Transport or motor freight terminals (interior storage only);

(4) Warehousing;

(5) Miscellaneous business uses including:

(a) Contractors and carpenters offices, and shops and building material establishments, where dimension lumber, mill work, cabinets and other building materials are kept for sale;

(b) Glass cutting, glazing and mirror shops;

(b) Greenhouses and nurseries;

(d) Laboratories, experimental and testing, provided no production or manufacturing takes place;

(e) Secondhand and rummage stores;

(f) Plumbing, electrical, heating, air conditioning and roofing supply shops;

(g) Printing and publishing of newspapers, periodicals, books and including other press work;

(h) Open sales lots;

(i) Sign shops;

(j) Public and semi-public utility uses;

(k) Cabinets and furniture making and sales;

(l) Electronic sales, service and storage;

(m) Commercial sewing and fabric processing; and

(n) Recycling, recycling processing and manufacturing from recyclable materials of a non-hazardous nature.

(6) Uses permitted under § 152.092(B).

(1) Automobile repair - minor;

(2) Commercial recreation;

(3) Car and/or truck washes;

(4) Motor vehicle and/or marine sales, new or used;

(5) Motor fuel station;

(6) Bulk fuel storage; and

(D) Permitted accessory uses.

(1) Any incidental repair, processing or storage necessary to conduct a permitted principal use, but no exceeding 30% of the floor space of the principal building;

(2) Off-street parking;

(3) Fences; and

(4) Signs.

(E) Height, area and yard requirements.

(1) Minimum yard requirements:

(a) Front yard setback: 40 feet;

(b) Side yard:

1. Interior lot setback: 15 feet; and

2. Side street setback: 30 feet.

(2) No structure or building shall exceed 35 feet in height.

(3) A structure shall cover no more than 35% of the lot area.

(4) The minimum lot area is 20,000 square feet.

(Ord. 110, passed 4-23-1991; Ord. 133, passed 9-26-1995; Ord. 172, passed 3-22-2005)

§ 152.096 RESIDENTIAL LIGHT COMMERCIAL (B-3).

(B) Permitted uses. Within a B-3 Residential Light Commercial District, no building or land shall be used except for one or more of the following uses:

(1) Clinics;

(2) Hospitals and nursing/convalescent homes;

(3) Printing;

(4) Commercial advertising products;

(5) Trade and vocational schools;

(6) Public buildings; and

(7) Medical and dental offices and/or laboratories.

(C) Uses by conditional use permit. Within a B-3 Business District, no building or land shall be used for one or more of the following uses except by conditional use permit: manufacturing of:

(1) Clothing, tents and other textile items;

(2) Electronic equipment or subassemblies;

(3) Electric controls, timers and small electric motors;

(4) Fishing tackle and related products (does not include boats, trailers or motors);

(5) Assembling small appliances;

(6) Toys;

(7) Soft drinks confectionery, ice cream and pastry products;

(8) Food products (frozen, dehydrated or canned);

(9) Wood cabinets and furniture products;

(10) Greenhouses;

(11) Warehousing of non-hazardous materials; and

(12) Permitted uses of an R-3 District.

(D) Permitted accessory uses. Same as Retail Business District (B-1).

(E) Height, lot coverage and minimum lot area regulations. Same as Retail Business District (B-1).

(Ord. 110, passed 4-23-1991; Ord. 144, passed 2-11-1997; Ord. 179, passed 1-23-2007)

§ 152.097 INDUSTRIAL DISTRICT (I-1).

(A) Permitted uses. Within any I-1 Industrial District, no structure or land shall be used except for the sale, manufacturing, fabricating or processing of the following articles or operations:

(1) Automobile repair - major;

(2) Belting and chain conveyors;

(3) Billboards and signs;

(4) Blacksmithing;

(5) Boat building, repair and storage;

(7) Cabinet and carpentry shop, electrical, plumbing, heating and air condition shops;

(8) Canvas and canvas goods;

(9) Concrete block plant, concrete mixing plant, asphalt mixing plant;

(10) Electric motors, generators, transformers and controls;

(11) Electric power generating plant;

(12) Heat treating and plating;

(13) Housing, manufacture;

(14) Products made of glass, cellophane, leather, plastic and wood;

(15) Motor fuel stations;

(16) Railroad sidings, spurs, depots and yards;

(17) Stone, marble and granite grinding and cutting;

(18) Trade schools;

(19) Truck storage or maintenance shops;

(20) Warehousing, including commercial storage and noncommercial or personal storage;

(21) Television towers and radio towers;

(22) Wood fuel processing; and

(23) Saw mills, planing mills or kilns.

(B) Conditional use permit. Within any I-1 District, no structure or land shall be used for the following uses except by conditional use permit:

(1) Acetylene manufacturing;

(2) Acid manufacturing;

(3) Asbestos manufacturing;

(4) Automobile reduction yard;

(5) Boiler shops, machine shops, roundhouses where hammers or presses of 20-ton rated capacity are used;

(6) Concrete block plants, ready-mix;

(7) Disinfectant and insecticide or poison manufacturing;

(8) Dye and dye stuff manufacturing;

(9) Explosive materials;

(10) Emery cloth or sandpaper manufacturing;

(11) Flammable liquid storage;

(12) Foundry, casting lightweight non-ferrous metals;

(13) Junk yard;

(14) Lime or lime products;

(15) Planing mill, lumber mill and veneer manufacturing;

(16) Ready-mix and concrete block plants;

(17) Waste incinerators;

(18) Structures in excess of 40 feet in height; and

(19) Adult entertainment uses.

(1) Signs as regulated in this chapter;

(2) Residential structures for security when related to a principal use; and

(3) Exterior storage.

(D) Lot area, heights, lot width and yard requirements.

(1) Side yards abutting a street on a corner lot shall not be less than 20 feet in width.

(2) Where a use has railroad trackage abutting the side or rear of a site, a variance may be granted to the side or rear yard requirements to provide for a railroad loading facility.

(3) Front yard shall not be less than 35 feet.

(4) Side yard shall not be less than 20 feet.

(5) Lot area shall not be less than 15,000 square feet.

(6) Lot width shall not be less than 100 feet.

(Ord. 110, passed 4-23-1991; Ord. 131, passed 7-25-1995; Ord. 163, passed 7-22-2003)

§ 152.098 CONSERVANCY DISTRICT (CD).

(B) Permitted uses. The following uses are permitted as a right in the CD Conservancy District:

(2) Open space areas connected with residential, commercial and industrial planned unit development;

(3) Conservation uses including drainage control, forestry, wildlife sanctuaries and facilities for making same available and useful to public;

(4) Cemeteries; and

(5) Nature study areas and arboretums.

(E) Minimum lot area and yard requirements.

(1) Lot size requirements.

Minimum lot area	5 acres
Minimum lot width	100 feet

(2) Yard regulations.

Front yard	75 feet from centerline of public road
Rear yard	50 feet
Side yards	40 feet or 75 feet corner lot from centerline of a public road