(a)

Purpose. The long-term agricultural district (LA) is to allow agricultural property to be included in the state's agricultural preservation program. This property may be used for permitted agricultural activities as defined by Minn. Stat. § 473H.17, and single-family home farmsteads at a density of one per 40 gross acres.

(b)

Permitted uses. The following are permitted in the LA district:

(1)

Agriculture.

(2)

Daycare facilities, as defined by statute (refer to section 90-220).

(3)

Essential public services (refer to section 90-223).

(4)

Recreational fields, structures, and buildings, city only.

(5)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(c)

Accessory uses. The following are permitted accessory uses in an LA district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Accessory dwelling unit (refer to section 90-277).

(3)

Daycare facilities, 12 or fewer (refer to section 90-220).

(4)

Exterior storage (refer to section 90-224).

(5)

Farm and garden produce sales (refer to section 90-225).

(6)

Farmhand living quarters (refer to section 90-276).

(7)

Feedlots (refer to section 90-226).

(8)

Fences (refer to section 90-227).

(9)

Garages, private (refer to section 90-230).

(10)

Home occupations (refer to section 90-232).

(11)

Kennels, hobby (refer to section 90-237).

(12)

Lighting, outdoor (refer to section 90-239).

(13)

Livestock and livestock operations (refer to section 90-241).

(14)

Parking and loading areas (refer to section 90-253).

(15)

Signs (refer to section 90-265).

(16)

Single-family detached residential dwellings (refer to section 90-266).

(17)

Water-oriented accessory structures (refer to section 90-270).

(18)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional use. Following are conditional uses allowed in a LA district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory apartments (refer to section 90-203).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Kennels, commercial (refer to section 90-236).

(4)

Places of worship (refer to section 90-254).

(5)

Schools (refer to section 90-260).

(6)

Recycling center (refer to section 90-257).

(7)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218.

(8)

Solar farms (refer to section 90-278).

(9)

Wind-powered generator (refer to section 90-271).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an LA district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1045; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The agricultural district (AG) is to provide an area for the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forages, grains, timber, trees, or bees and apiary products, and other uses dependent on the inherent productivity of the land. Single-family detached housing at a density of one unit per ten gross acres is also permitted.

(b)

Permitted uses. The following are permitted in the AG district:

(1)

Agriculture, including sale of produce grown on premises.

(2)

Daycare facilities, as defined by statute (refer to section 90-220).

(3)

Essential public services (refer to section 90-223).

(4)

Feedlots (refer to section 90-226).

(5)

Indoor riding arenas (refer to section 90-235).

(6)

Plant nurseries, wholesale (refer to section 90-256).

(7)

Recreational fields, structures and buildings, city only.

(8)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(9)

Single-family detached residential dwellings (refer to section 90-266).

(c)

Accessory uses. The following are permitted accessory uses in an AG district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Accessory dwelling unit (refer to section 90-277).

(3)

Exterior storage (refer to section 90-224).

(4)

Farm and garden produce sales (refer to section 90-225).

(5)

Farmhand living quarters (refer to section 90-276).

(6)

Fences (refer to section 90-227).

(7)

Garages, private (refer to section 90-230).

(8)

Home occupations (refer to section 90-232).

(9)

Horse training and boarding facilities, private (refer to section 90-233).

(10)

Kennels, commercial (refer to section 90-236).

(11)

Kennels, hobby (refer to section 90-237).

(12)

Lighting, outdoor (refer to section 90-239).

(13)

Livestock and livestock operation (refer to section 90-241).

(14)

Parking and loading areas (refer to section 90-253).

(15)

Signs (refer to section 90-265).

(16)

Water-oriented accessory structure (refer to section 90-270).

(17)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in the AG district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory apartments (refer to section 90-203).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Balloon ports, commercial (refer to section 90-209).

(4)

Bed and breakfast business (refer to section 90-210).

(5)

Campgrounds (refer to section 90-211).

(6)

Cemeteries (refer to section 90-214).

(7)

Commercial recreational, outdoor.

(8)

Golf courses (refer to section 90-231).

(9)

Horse training and boarding facilities, commercial (refer to section 90-233).

(10)

Hunt and gun clubs (refer to section 90-234).

(11)

Marinas, commercial (refer to section 90-244).

(12)

Marinas, private (refer to section 90-245).

(13)

Mining and excavation (refer to section 90-247).

(14)

Places of worship (refer to section 90-254).

(15)

Plant nurseries, retail (refer to section 90-255).

(16)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(17)

Schools (refer to section 90-260).

(18)

Solar farms (refer to section 90-278).

(19)

Wind-powered generator (refer to section 90-271).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an AG district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1050; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The rural residential district (RR) is to provide a location for single-family detached housing on parcels of land served by private well and septic systems at a density of one home per ten gross acres. Continued use of land for agricultural pursuits listed below will be permitted.

(b)

Permitted uses. The following are permitted in the RR district:

(1)

Agriculture, including sale of products grown on premises.

(2)

Daycare facilities, as defined by statute (refer to section 90-220).

(3)

Essential public services (refer to section 90-223).

(4)

Indoor riding arenas (refer to section 90-235).

(5)

Plant nurseries, wholesale (refer to section 90-256).

(6)

Recreational fields, structures and buildings, city only.

(7)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(8)

Single-family detached residential dwellings (refer to section 90-266).

(c)

Accessory uses. The following are permitted accessory uses in a RR district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Accessory dwelling unit (refer to section 90-277).

(3)

Exterior storage (refer to section 90-224).

(4)

Farm and garden produce sales (refer to section 90-225).

(5)

Feedlots (refer to section 90-226).

(6)

Fences (refer to section 90-227).

(7)

Garages, private (refer to section 90-230).

(8)

Home occupations (refer to section 90-232).

(9)

Horse training and boarding facilities, private (refer to section 90-233).

(10)

Lighting, outdoor (refer to section 90-239).

(11)

Livestock and livestock operation (refer to section 90-241).

(12)

Parking and loading areas (refer to section 90-253).

(13)

Signs (refer to section 90-265).

(14)

Water-oriented accessory structure (refer to section 90-270).

(15)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in a RR district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory apartments (refer to section 90-203).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Balloon port, commercial (refer to section 90-209).

(4)

Bed and breakfast business (refer to section 90-210).

(5)

Campgrounds (refer to section 90-211).

(6)

Cemeteries (refer to section 90-214).

(7)

Commercial recreation, outdoor.

(8)

Farmhand living quarters (refer to section 90-276).

(9)

Golf courses (refer to section 90-231).

(10)

Horse training and boarding facilities, commercial (refer to section 90-233).

(11)

Kennels, hobby (refer to section 90-237).

(12)

Marinas, commercial (refer to section 90-244).

(13)

Marinas, private (refer to section 90-245).

(14)

Places of worship (refer to section 90-254).

(15)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(16)

Schools (refer to section 90-260).

(17)

Solar farms (refer to section 90-278).

(18)

Wind-powered generator (refer to section 90-271).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an RR district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1055; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, §§ 1, 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The large lot single-family residential district (R-1) is to maintain and preserve existing larger lot single-family neighborhoods. (It is not the city's intention to expand the land area identified within this zoning district after the adoption date of the ordinance from which this chapter is derived.) Residential housing at a density of one unit per one acre is permitted. A full range of public services and facilities shall also be available to the R-1 areas.

(b)

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

(1)

Daycare facilities, as defined by statute (refer to section 90-220).

(2)

Essential public services (refer to section 90-223).

(3)

Recreational fields, structures, and buildings, city only.

(4)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(5)

Single-family detached residential dwellings (refer to section 90-266).

(c)

Accessory uses. The following are an illustrative listing of permitted accessory uses in an R-1 district:

(1)

Accessory buildings (refer to sec 90-204).

(2)

Fences (refer to section 90-227).

(3)

Garages, private (refer to section 90-230).

(4)

Home occupations (refer to section 90-232).

(5)

Lighting, outdoor (refer to section 90-239).

(6)

Parking and loading areas (refer to section 90-253).

(7)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in a R-1 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Antennas (refer to article VI, division 2, of this chapter).

(2)

Golf courses (refer to section 90-231).

(3)

Places of worship (refer to section 90-254).

(4)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(5)

Schools (refer to section 90-260).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an R-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1060; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

Editor's note— Ord. No. 2010-453, § 1, adopted Dec. 6, 2010, deleted § 90-97, which pertained to low-density residential district (R-2) and derived from the prior Code, § 1065.

(a)

Purpose. The single-family detached residential district (R-3) is to provide for new single-family neighborhoods with a lot size that is smaller than the city's traditional single-family lot as well as directly related, complementary uses. This zoning district is intended to be the primary single-family zoning district for future residential developments. The smaller lot size will make efficient use of the city's land supply and investment in public utilities and allow the city to efficiently protect and preserve its natural resources such as wetlands and woodlands. In addition, the smaller lot size will help the city meet its density goal for new single-family homes. Single-family residential housing at a density of one unit per 10,400 square feet and twinhomes at a density of one unit per 15,000 square feet are permitted. A full range of public utilities and facilities shall be available to the R-3 areas.

(b)

Permitted uses. The following are permitted in the R-3 district:

(1)

Daycare facilities, as defined by statute (refer to section 90-220).

(2)

Essential public services (refer to section 90-223).

(3)

Recreational fields, structures, and buildings, city only.

(4)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(5)

Single-family detached residential dwellings (refer to section 90-266).

(c)

Accessory uses. The following are permitted accessory uses in a R-3 district:

(1)

Accessory buildings and garages, private (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Garages, private (refer to section 90-230).

(4)

Home occupations (refer to section 90-232).

(5)

Lighting, outdoor (refer to section 90-239).

(6)

Parking and loading areas (refer to section 90-253).

(7)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in a R-3 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Antennas (refer to article VI, division 2, of this chapter).

(2)

Golf courses (refer to section 90-231).

(3)

Places of worship (refer to section 90-254).

(4)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(5)

Schools (refer to section 90-260).

(6)

Twinhomes (duplexes); (refer to section 90-268).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an R-3 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1070; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The central residential district (CR-3) is to identify the residential section of the city located adjacent to the historical downtown area. The additional purpose of this zoning district is to provide for the maintenance and preservation of existing single-family detached housing served by public utilities at a density of approximately four units per one acre. Multifamily and townhouse development may be allowed by conditional use permit where compatible with adjacent development.

(b)

Permitted uses. The following are permitted in the CR-3 district:

(1)

Daycare facilities, as defined by statute (refer to section 90-220).

(2)

Essential public services (refer to section 90-223).

(3)

Recreational fields, structures, and buildings, city only.

(4)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(5)

Single-family detached residential dwellings (refer to section 90-266).

(c)

Accessory uses. The following are permitted accessory uses in the CR-3 district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Garages, private (refer to section 90-230).

(4)

Home occupations (refer to section 90-232).

(5)

Lighting, outdoor (refer to section 90-239).

(6)

Parking and loading areas (refer to section 90-253).

(7)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in a CR-3 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory apartments (refer to section 90-203).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Bed and breakfast business (refer to section 90-210).

(4)

Multifamily residential, not to exceed 12 units (refer to section 90-251).

(5)

Places of worship (refer to section 90-254).

(6)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(7)

Schools (refer to section 90-260).

(8)

Townhouses (single-family attached); (refer to section 90-267).

(9)

Twinhomes (duplexes); (refer to section 90-268). Site plan review is required for multiple-family applications.

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in a CR-3 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1075; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The low-density multifamily residential district (R-4) allows for the expansion and development of lower density multiple-family uses such as townhouses and twinhomes in areas where public utilities are present. This district addresses the need for life cycle housing by offering an alternative to the standard 10,400-square-foot lot size of single-family detached housing with a standard density between three and six units per acre and a planned unit development density between three and eight units per acre.

(b)

Permitted uses. The following are permitted in the R-4 district:

(1)

Daycare facilities, as defined by statute (refer to section 90-220).

(2)

Essential public services (refer to section 90-223).

(3)

Recreational fields, structures, and buildings, city only.

(4)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(5)

Townhouses (single-family attached). Site plan review is required for multiple-family applications. (refer to section 90-267).

(6)

Twinhomes (duplexes); (refer to section 90-268).

(c)

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

(1)

Accessory buildings (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Garages, private (refer to section 90-230).

(4)

Home occupations (refer to section 90-232).

(5)

Lighting, outdoor (refer to section 90-239).

(6)

Parking and loading areas (refer to section 90-253).

(7)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in an R-4 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Antennas (refer to article VI, division 2, of this chapter).

(2)

Bed and breakfast business (refer to section 90-210).

(3)

Places of worship (refer to section 90-254).

(4)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(5)

Schools (refer to section 90-260).

(6)

Single-family detached residential dwellings (refer to section 90-266).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an R-4 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1080; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The medium-density multifamily residential district (R-5) allows for the expansion and development of medium-density multiple-family uses such as townhouses and apartments where public utilities are present. This district addresses the need for life cycle housing by offering an alternative to single-family detached housing with a standard density between six and ten units per acre and a planned unit development density of six and twelve units per acre.

(b)

Permitted uses. The following are permitted in the R-5 district:

(1)

Daycare facilities, as defined by statute (refer to section 90-220).

(2)

Essential public services (refer to section 90-223).

(3)

Recreational fields, structures and buildings, city only.

(4)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(5)

Townhouses (single-family, attached). Site plan review is required for multiple-family applications (refer to section 90-267).

(6)

Twinhomes (duplexes); (refer to section 90-268).

(c)

Accessory uses. The following are permitted accessory uses in R-5 district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Daycare facilities, 12 or fewer (refer to section 90-220).

(3)

Fences (refer to section 90-227)

(4)

Garages, private (refer to section 90-230).

(5)

Home occupations (refer to section 90-232).

(6)

Lighting, outdoor (refer to section 90-239).

(7)

Parking and loading areas (refer to section 90-253).

(8)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in a R-5 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Antennas (refer to article VI, division 2, of this chapter).

(2)

Apartments.

(3)

Bed and breakfast business (refer to section 90-210)

(4)

Manufactured home park (refer to section 90-242).

(5)

Places of worship (refer to section 90-254).

(6)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(7)

Schools (refer to section 90-260).

(8)

Single-family detached residential dwellings (refer to section 90-266).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an R-5 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1085; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The neighborhood service district (NS) provides a location for commercial and service businesses to conveniently serve the needs of residential neighborhoods. The uses and structures in this district shall be compatible with the surrounding residential neighborhoods.

(b)

Permitted uses. The following are permitted in the NS district:

(1)

Daycare facilities (refer to section 90-220).

(2)

Essential public services (refer to section 90-223).

(3)

Offices, clinics, and professional services.

(4)

Public and private clubs.

(5)

Retail sales of merchandise.

(6)

Neighborhood food services (refer to section 90-274).

(7)

Drugstores, not including a drive-through.

(8)

Barbershops and beauty parlors.

(9)

Laundromats.

(10)

Multitenant retail building.

(11)

Cannabis retailers (refer to section 90-280(h)).

(c)

Accessory uses. The following are permitted accessory uses in a NS district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Farm and garden produce sales (refer to section 90-225).

(3)

Fences (refer to section 90-227).

(4)

Lighting, outdoor (refer to section 90-239).

(5)

Parking and loading areas (refer to section 90-253).

(6)

Retail sales of lower-potency hemp edible products (refer to section 90-280(j)).

(7)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in the NS district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Antennas (refer to article VI, division 2, of this chapter).

(2)

Convenience store.

(3)

Campus development (refer to section 90-212).

(4)

Commercial recreation, indoor—Not to exceed 5,000 square feet floor area (refer to section 90-217).

(5)

Drive-through business (refer to section 90-221.1).

(6)

Marinas, commercial (refer to section 90-244).

(7)

Places of worship (refer to section 90-254).

(8)

Schools (refer to section 90-260).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an NS district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1090; Ord. No. 2008-424, § 1, 10-20-2008; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-2025)

Editor's note— Ord. No. 2010-453, § 3, adopted Dec. 6, 2010 changed the title of § 90-102 from residential service district (RS) to neighborhood service district (NS).

(a)

Purpose. The purpose of the central business zoning district (C-1) is to provide for the establishment of a downtown which is a blend of cultural, recreational, civic, entertainment, retail sales, and office uses. Businesses requiring exterior storage for processing, retail sales, or wholesale activities are not permitted in this district.

(b)

Permitted use. The following are permitted in the C-1 district:

(1)

Art supply shop.

(2)

Bakery goods and baking of goods for retail sales on the premises.

(3)

Banks, savings and loans, credit unions and other financial institutions, with or without drive-up tellers.

(4)

Barbershops.

(5)

Beauty parlors.

(6)

Bus/transit stations or terminals without vehicle storage.

(7)

Commercial recreation, indoor (not to exceed 5,000 square feet floor area); (refer to section 90-217).

(8)

Copy services but not including printing press or newspaper.

(9)

Delicatessen/coffee house.

(10)

Drug store, not including drive-through lanes.

(11)

Dry cleaning pickup and laundry pickup stations including incidental repair and assembly but not including processing.

(12)

Essential public service (refer to section 90-223).

(13)

Funeral homes and mortuaries (refer to section 90-228).

(14)

Grocery store.

(15)

Laundromats, self-service washing and drying.

(16)

Locksmiths.

(17)

Meat markets, but not including a meat processing facility.

(18)

Multitenant retail building.

(19)

Offices, clinics, and professional services.

(20)

Restaurants, excluding drive-through restaurants (refer to section 90-259).

(21)

Retail sales of merchandise.

(22)

Shoe repair.

(23)

Tailoring services.

(24)

Tanning salons.

(25)

Taverns.

(26)

Therapeutic massage.

(27)

Cannabis retailers (refer to section 90-290(h)).

(c)

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

(1)

Accessory buildings (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Home occupations (refer to section 90-232).

(4)

Lighting, outdoor (refer to section 90-239).

(5)

Parking and loading areas (refer to section 90-253).

(6)

Retail sales of lower-potency hemp edible products (refer to section 90-280(j)).

(7)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in the C-1 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory apartments (refer to section 90-203).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Apartments/condominiums.

(4)

Campus development (refer to section 90-212).

(5)

Convenience store (refer to section 90-219).

(6)

Daycare facilities, other (refer to section 90-220).

(7)

Drive-through business (refer to section 90-221.1).

(8)

Hotels and motels.

(9)

Places of worship (refer to section 90-254).

(10)

Schools (refer to section 90-260).

(11)

Plant nurseries, retail (refer to section 90-255).

(12)

Recreational fields, structures and buildings.

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in a C-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1115; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2024-534, § 1, 10-7-2024; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The purpose of the C-2, general business district is to provide for the establishment of service and freestanding commercial businesses, including retail sales, offices, and restaurants, which are oriented toward motorists and require high volumes of traffic and visibility from major roads.

(b)

Permitted uses. The following are permitted in the C-2 district:

(1)

All permitted uses as allowed in the C-1, central business district.

(2)

Amusement centers.

(3)

Convenience store (refer to section 90-219).

(4)

Drive-through business (refer to section 90-221.1).

(5)

Hardware stores.

(6)

Hotels and motels.

(7)

Liquor, off-sale.

(8)

Meat markets, but not including a meat processing facility.

(9)

Medical, dental, and chiropractic offices and clinics.

(10)

Motor vehicle repair business, excluding an auto body shop, paint shop, or tow lot (refer to section 90-250).

(11)

Pet sales, supplies and grooming.

(12)

Plumbing, television, radio, electrical sales and such repair as is accessory to the retail establishment permitted within this district.

(13)

Recreation, personal fitness.

(14)

Restaurants, including a drive-through business (refer to section 90-221.1).

(15)

Sporting goods and recreational equipment sales, not including motorized vehicles or boats.

(16)

Studios—artist, music, photo, decorating, dance, etc.

(17)

Tobacco shops.

(18)

Veterinary clinic—small animal.

(19)

Video rental and sales.

(c)

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

(1)

Accessory buildings (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Garages, commercial (refer to section 90-229).

(4)

Lighting, outdoor (refer to section 90-239).

(5)

Parking and loading areas (refer to section 90-253).

(6)

Plant nurseries, retail (refer to section 90-255).

(7)

Seasonal outdoor retail sales (refer to section 90-261).

(8)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in the C-2 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

All conditional uses subject to the same conditions as allowed in the C-1 district, unless cited as a permitted use in this section.

(2)

Auto body shop and paint shop.

(3)

Car wash (refer to section 90-213).

(4)

Commercial recreation, outdoor.

(5)

Drive-in business (refer to section 90-221).

(6)

Liquor on-sale when accessory to a restaurant.

(7)

Meat processing facility when accessory to a meat market (refer to section 90-246).

(8)

Mini golf course.

(9)

Motor vehicle, boat, and trailer sales (refer to section 90-249).

(10)

Outdoor display of merchandise for sale.

(11)

Plant nurseries, retail and wholesale (refer to sections 90-255 and 90-256).

(12)

Public garage/parking ramps provided that it is accessory to a use allowed in the C-2 district.

(13)

Places of worship (refer to section 90-254).

(14)

Recycling center (refer to section 90-257).

(15)

Schools (refer to section 90-260).

(16)

Trade or vocational schools.

(17)

Used car, farm machinery, marine, and motor home sales and display areas when not operated as a part of new item franchise dealership.

(18)

Veterinary clinic—large animal.

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in a C-2 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1120; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

Editor's note— At the request of the city (per email of 6/6/11) subsection (d)(15), which listed multitenant retail buildings as a conditional use, was deleted. Subsequent subsections (d)(16)—(d)(19) were renumbered as (d)(15)—(d)(18). Multitenant retail buildings are a permitted use in the C-2 district.

(a)

Purpose. The restricted industrial zoning district (RI-1) is established to provide a location for office, storage, repair and limited manufacturing facilities that do not require municipal water or sanitary sewer services. To be permitted to operate in this zoning district, an industry must have sewage disposal requirements of three or less residential equivalencies as determined by metropolitan council environmental services standards.

(b)

Permitted uses. The following are permitted in the RI-1 district:

(1)

Automobile repair, major (refer to section 90-208).

(2)

Contractor operations.

(3)

Essential public services (refer to section 90-223).

(4)

Laboratories.

(5)

Machine shops.

(6)

Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. Examples of such uses are:

a.

Fabrication or assembly of small products such as optical, electronic, pharmaceutical, or medical supplies and equipment; and

b.

Printing and publishing.

(7)

Offices related to other allowed uses (limited to 50 percent of the principle structure).

(8)

Radio and television transmission stations (refer to article VI, division 2, of this chapter).

(9)

Self-service storage facilities (ministorage) (refer to section 90-262).

(10)

Warehousing and indoor storage, excluding explosives and hazardous waste (refer to section 90-269).

(c)

Accessory uses. The following are permitted accessory uses in an RI-1 district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Lighting, outdoor (refer to section 90-239).

(4)

Parking and loading areas (refer to section 90-253).

(5)

Garages, commercial (refer to section 90-229).

(6)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in the RI-1 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use.

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Campus development (refer to section 90-212).

(4)

Commercial and professional offices within the principal structure in excess of that which is allowed in this district or as a freestanding principal use.

(5)

Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters in diameter (refer to article IV, division 2 of this chapter).

(6)

Commercial recreation, indoor (not to exceed 5,000 square feet floor area); (refer to section 90-217).

(7)

Exterior storage (refer to section 90-224).

(8)

Manufacturing, light (refer to section 90-240).

(9)

Motor freight terminal (refer to section 90-248).

(10)

Motor vehicle, boat, and trailer sales (refer to section 90-249).

(11)

Motor vehicle repair business (refer to section 90-250).

(12)

Outside storage as a principal or accessory use when abutting a residential district provided that:

a.

Storage area is blacktop or concrete-surfaced unless specifically approved by the city council.

b.

The storage area does not take up parking space or loading space as required for conformity to this chapter.

(13)

Open or outdoor service, sale and rental as a principal use or accessory uses, provided that:

a.

The use does not take up parking space as required for conformity to this chapter.

b.

Sales area is hard-surfaced to control dust.

(14)

Places of worship (refer to section 90-254).

(15)

Plant nurseries, retail and wholesale (refer to sections 90-255 and 256).

(16)

Retail sales of products stored on site from warehousing and distribution facilities (refer to section 90-269).

(17)

Schools (refer to section 90-260).

(18)

Seasonal outdoor retail sales (refer to section 90-261).

(19)

Sexually oriented businesses, principal and accessory (refer to section 90-263).

(20)

Warehouse and distribution center(refer to section 90-269).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an RI-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1125; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, §§ 1, 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The business park district (BP) is to provide opportunities for office, office warehouse, light industrial, and light manufacturing businesses. Generally the types of uses that are intended for the [BP] district are wholesale and retail trade establishments for large volumes or bulk commercial items, office showrooms and small businesses that have both commercial and industrial characteristics. Uses allowed in the district are limited to those that are compatible with lower intensity residential and business uses, and which have limited amounts of truck traffic and outside storage in comparison to higher intensity industrial uses. Because business park areas may abut residential neighborhoods, uses are regulated in height, lot coverage, setbacks, landscaping, loading and use type, so as to facilitate compatibility between these uses and residential development.

(b)

Permitted uses. The following are permitted in the BP district:

(1)

Health and fitness centers.

(2)

Conference centers or reception halls.

(3)

Essential public services (refer to section 90-223).

(4)

Laboratories.

(5)

Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. Examples of such uses are:

a.

Fabrication or assembly of small products such as optical, electronic, pharmaceutical, or medical supplies and equipment; and

b.

Printing and publishing.

(6)

Medical, dental, chiropractic, and veterinary offices and clinics.

(7)

Professional offices.

(8)

Trade schools.

(9)

Restaurants, not including drive-throughs (refer to section 90-259).

(10)

Warehousing and indoor storage excluding explosives and hazardous waste.

(11)

Wholesale showrooms.

(12)

Furniture and carpet retail showrooms.

(13)

Cannabis microbusinesses (refer to section 90-280(d)).

(14)

Cannabis mezzobusinesses (refer to section 90-280(e)).

(15)

Cannabis cultivators (refer to section 90-280(f)).

(16)

Cannabis manufacturers (refer to section 90-280(g)).

(17)

Cannabis wholesalers (refer to section 90-280(i)).

(c)

Accessory uses. The following are permitted accessory uses in the BP district:

(1)

Accessory building (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Lighting, outdoor (refer to section 90-239).

(4)

Parking and loading areas (refer to section 90-253).

(5)

Retail sales of products stored on site (refer to section 90-269).

(6)

Retail sales of cannabis products within a cannabis microbusiness or cannabis mezzobusiness, subject to applicable performance standards under section 90-280 of this chapter, as well as any other applicable rule or law.

(7)

Cannabis delivery service (refer to section 90-280(l)).

(8)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in a BP district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Antennas (refer to article VI, division 2, of this chapter).

(2)

Campus development (refer to section 90-212).

(3)

Commercial recreation, indoor (refer to section 90-217).

(4)

Day care facilities, accessory to a permitted use (refer to section 90-220).

(5)

Drive-through business (refer to section 90-221.1).

(6)

Exterior storage, provided the storage area is completely screened from public rights-of-way and residentially zoned property by an intervening building, berm, solid-wall wood fence, or landscape plantings. The screening shall be to a minimum height of six feet or a height sufficient to screen the outside storage. Raw materials will only be allowed provided the material does not produce noxious fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment or on nearby property.

(7)

Hotel or motel.

(8)

Park and ride lots and transit hubs.

(9)

Places of worship (refer to section 90-254).

(10)

Schools (refer to section 90-260).

(11)

Self-service storage facilities (ministorage) (refer to section 90-262).

(12)

Movie theater.

(13)

Bowling alley.

(14)

Medical cannabis combination businesses (refer to section 90-280(k)).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in a BP industrial district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1130; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, §§ 1, 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2018-486, § 1, 5-7-2018; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-2025)

Editor's note— Ord. No. 2010-453, § 3, adopted Dec. 6, 2010 changed the title of § 90-106 from office/light industrial (I-2) to business park (BP).

(a)

Purpose. The general industrial zoning district (I-3) provides a location for office, distribution, light industrial, warehousing, wholesaling, and repair businesses.

(b)

Permitted uses. The following are permitted in the I-3 district:

(1)

Automobile repair, major (refer to section 90-208).

(2)

Bakery, wholesale.

(3)

Contractor operations.

(4)

Essential public services (refer to section 90-223).

(5)

Food processing.

(6)

Laboratories.

(7)

Manufacturing, light (refer to section 90-240).

(8)

Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. Examples of such uses are:

a.

Fabrication or assembly of small products such as optical, electronic, pharmaceutical, or medical supplies and equipment; and

b.

Printing and publishing.

(9)

Office, clinic, and professional services (refer to section 90-252).

(10)

Offices related to other allowed uses (limited to 50 percent of the principal structure); (refer to section 90-252).

(11)

Parking facilities (refer to section 90-253).

(12)

Radio and television transmission stations (refer to article VI, division 2 of this chapter).

(13)

Self-service storage facilities (ministorage) (refer to section 90-262).

(14)

Truck terminals.

(15)

Warehousing and indoor storage, excluding explosives and hazardous waste (refer to section 90-269).

(16)

Cannabis microbusinesses (refer to section 90-280(d)).

(17)

Cannabis mezzobusinesses (refer to section 90-280(e)).

(18)

Cannabis cultivators (refer to section 90-280(f)).

(19)

Cannabis manufacturers refer to section 90-280(g)).

(20)

Cannabis wholesalers (refer to section 90-280(i)).

(c)

Accessory uses. The following are permitted accessory uses in the I-3 district:

(1)

Accessory building (refer to section 90-204).

(2)

Exterior storage, not exceeding the size of the building (refer to section 90-224).

(3)

Fences (refer to section 90-227).

(4)

Garages, commercial (refer to section 90-230).

(5)

Lighting, outdoor (refer to section 90-239).

(6)

Parking and loading areas (refer to section 90-253).

(7)

Retail sales of cannabis products within a cannabis microbusiness or cannabis mezzobusiness, subject to applicable performance standards under section 90-280 of this chapter, as well as any other applicable rule or law.

(8)

Cannabis delivery service (refer to section 90-280(l)).

(9)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in the I-3 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use (refer to section 90-205).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Automobile recycling or junkyard (refer to section 90-206).

(4)

Campus development (refer to section 90-212).

(5)

Commercial and professional offices within the principal structure in excess of that which is allowed in this district or as a freestanding principal use (refer to section 90-252).

(6)

Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters in diameter (refer to article VI, division 2 of this chapter).

(7)

Commercial recreation, indoor (not to exceed 5,000 square feet floor area); (refer to section 90-217).

(8)

Distribution center (refer to section 90-269).

(9)

Exterior storage (refer to section 90-224).

(10)

Motor freight terminal (refer to section 90-278).

(11)

Motor vehicle, boat, and trailer sales (refer to section 90-249).

(12)

Motor vehicle repair business (refer to section 90-250).

(13)

Outside storage as a principal or accessory use when abutting a residential district provided that:

a.

Storage area is blacktop- or concrete-surfaced unless specifically approved by the city council.

b.

The storage area does not take up parking space or loading space as required for conformity to this chapter.

(14)

Open or outdoor service, sale and rental as a principal use or accessory uses, provided that:

a.

The use does not take up parking space as required for conformity to this chapter.

b.

Sales area is hard-surfaced to control dust.

(15)

Places of worship (refer to section 90-254).

(16)

Plant nurseries, retail and wholesale (refer to sections 90-255 and 90-256).

(17)

Recycling center (refer to section 90-257).

(18)

Retail sales of products stored on site from warehousing and distribution facilities (refer to section 90-269).

(19)

Schools (refer to section 90-260).

(20)

Warehouse (refer to section 90-269).

(21)

All kennels, commercial (refer to section 90-236).

(22)

Medical cannabis combination businesses (refer to section 90-280(k)).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an I-3 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1135; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, §§ 1, 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The restricted commercial zoning district (RC-1) provides a location for a mix of freestanding commercial businesses, including retail sales and offices that do not require municipal water or sanitary sewer services. To be permitted to operate in this zoning district, a business must have sewage disposal requirements of three residential equivalencies or less, as determined by metropolitan council environmental services standards. Specifically excluded from this zoning district are restaurants, carwashes, hotels and motels, and other high water-usage facilities.

(b)

Permitted uses. The following are permitted in the RC-1 district:

(1)

Essential public services (refer to section 90-223).

(2)

Laboratories.

(3)

Offices, clinics, and professional services.

(4)

Retail sales of merchandise.

(c)

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

(1)

Accessory buildings (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Lighting, outdoor (refer to section 90-239).

(4)

Parking and loading areas (refer to section 90-253).

(5)

Seasonal outdoor retail sales (refer to section 90-261).

(6)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in the RC-1 district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Antennas (refer to article VI, division 2, of this chapter).

(2)

Contractor's operations.

(3)

Kennels, commercial (refer to section 90-236).

(4)

Motor vehicle, boats, and trailer sales (refer to section 90-249).

(5)

Motor vehicle repair business (refer to section 90-250).

(6)

Places of worship (refer to section 90-254).

(7)

Schools (refer to section 90-260).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an RC-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1140; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The future urban service district (FUS) represents transition areas of the city that have been identified in the city's comprehensive land use plan as being physically eligible, fiscally practical, and generally suitable for future staging of urban services. The identified areas may be located within or outside of the metropolitan urban service area, and require installation of private well and septic systems until urban services are available. Development densities shall not exceed one dwelling unit per 20 acres. The intent of the district is to promote the preservation of large parcels that are unencumbered by inefficient building and road layouts, and to give notice to landowners that future extension of a full range of urban services into the area is likely. The pending future land uses could be any use consistent with the city's comprehensive plan.

(b)

Permitted uses. The following are permitted uses in a FUS district:

(1)

Agriculture, including sale of produce grown on premises (refer to section 90-225).

(2)

Daycare facilities, as defined by statute (refer to section 90-220).

(3)

Essential public services (refer to section 90-223).

(4)

Indoor riding arenas (refer to section 90-235).

(5)

Plant nurseries, wholesale (refer to section 90-256).

(6)

Recreational fields, structures and buildings, city only.

(7)

Residential facility (community residence) one to six individuals (refer to section 90- 218).

(8)

Single-family detached dwellings (refer to section 90-266).

(c)

Accessory uses. The following are permitted accessory uses in a FUS district:

(1)

Accessory buildings (refer to section 90-204).

(2)

Accessory dwelling unit (refer to section 90-277).

(3)

Exterior storage (refer to section 90-224).

(4)

Farm and garden produce sales (refer to section 90-225).

(5)

Farmhand living quarters (refer to section 90-276).

(6)

Fences (refer to section 90-227).

(7)

Garages, private (refer to section 90-230).

(8)

Home occupations (refer to section 90-232).

(9)

Horse training and boarding facilities, private (refer to section 90-233).

(10)

Kennels, commercial (refer to section 90-236).

(11)

Kennels, hobby (refer to section 90-235).

(12)

Lighting, outdoor (refer to section 90-239).

(13)

Livestock and livestock operations (refer to section 90-241).

(14)

Parking and loading areas (refer to section 90-253).

(15)

Signs (refer to section 90-265).

(16)

Water oriented structure (refer to section 20-270).

(17)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in a FUS district and require a conditional use permit. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in section 90-37.

(1)

Accessory apartment (refer to section 90-203).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Balloon port (refer to section 90-209).

(4)

Bed and breakfast business (refer to section 90-210).

(5)

Campgrounds (refer to section 90-211).

(6)

Cemeteries (refer to section 90-214).

(7)

Commercial recreation, outdoor.

(8)

Golf courses (refer to section 90-231).

(9)

Horse and boarding training facilities, commercial (refer to section 90-233).

(10)

Marinas, commercial (refer to section 90-244).

(11)

Marinas, private (refer to section 90-245).

(12)

Places of worship (refer to section 90-254).

(13)

Plant nurseries, retail (refer to section 90-255).

(14)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(15)

Schools (refer to section 90-260).

(16)

Solar farms (refer to section 90-278).

(17)

Wind powered generator (refer to section 90-271).

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in a FUS district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1145; Ord. No. 2010-452, § 1, 12-20-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, §§ 3, 4, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)

(a)

Purpose. The future central business district (FCB) represents transition areas that have been identified as practical and generally suitable for future development as part of downtown. The purpose of the future central business district is to provide a holding zone until a landowner makes application for development, at which time the city may rezone the affected property consistent with the downtown plan, provided the development does not result in the premature extension of public utilities or impede planned road improvements. Residential land uses will be allowed to continue pending future redevelopment consistent with the city's downtown plan.

(b)

Permitted uses. The following are permitted in the FCB district:

(1)

Day care facilities, as defined by statute (refer to section 90-220).

(2)

Essential public services (refer to section 90-223).

(3)

Recreational fields, structures, and buildings, city only.

(4)

Residential facility (community residence) with one to six individuals (refer to section 90-218).

(5)

Single-family detached residential dwellings (refer to section 90-266).

(c)

Accessory uses. The following are permitted accessory uses in FCB districts:

(1)

Accessory buildings (refer to section 90-204).

(2)

Fences (refer to section 90-227).

(3)

Garages, private (refer to section 90-230).

(4)

Home occupations (refer to section 90-232).

(5)

Lighting, outdoor (refer to section 90-239).

(6)

Parking and loading areas (refer to section 90-253).

(7)

Accessory solar energy systems (refer to section 90-278).

(d)

Conditional uses. Following are conditional uses allowed in an FCB district and require a conditional use permit based upon procedures set forth in and regulated by section 90-37. Additionally, besides the specific standards and criteria, which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated, based upon the standards and criteria in section 90-37.

(1)

Accessory apartments (refer to section 90-203).

(2)

Antennas (refer to article VI, division 2, of this chapter).

(3)

Bed and breakfast business (refer to section 90-210).

(4)

Residential facility (community residence) with seven to 16 individuals (refer to section 90-218).

(5)

Places of worship (refer to section 90-254).

(6)

Schools (refer to section 90-260).

(7)

Twinhomes (duplexes); (refer to section 90-268). Site plan review is required for multiple-family applications.

(e)

Area requirements and construction limitations. The following minimum requirements shall be observed in an FCB district subject to additional requirements, exceptions and modifications set forth in this chapter:

(Prior Code, § 1150; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015)

Overlay districts are areas within the city that have special regulations applied to them because of their unique environmental or cultural characteristics. Overlay districts are superimposed over the underlying zoning district and the regulations for each apply to the subject property.

(Prior Code, § 1155-010.1)

The shoreland district of the city shall be all that land within 1,000 feet of the ordinary high-water levels of the lakes, ponds, and flowages, and within 300 feet of the ordinary high-water level of the rivers and streams listed in the shoreland classification data table of this section. All land lying within the shoreland district of the city shall be subject to the regulations established herein.

(1)

The following table shows the shoreland classification data for the city:

Shoreland Classification Data

(2)

The following table provides the minimum dimensional requirements for development within the shoreland district. The city council may grant variances to the strict interpretation of these standards in accordance with section 90-38.

(3)

Permitted uses within the shoreland district shall be the same as those of the underlying zoning district.

(4)

Permitted accessory uses in the shoreland district shall be the same as those of the underlying zoning district, and also include:

a.

One deck or dock not meeting the normal setback requirements from the waterbody as defined in this section, given that the deck meets the following conditions:

1.

The dock may not occupy an area exceeding 450 square feet in the case of a private dock, nor 600 square feet in the case of a commercial or public dock.

2.

The dock may not be over six feet wide in relation to the shoreline.

3.

No dock, platform, deck, or similar structure shall be located within or over the banks of a creek or stream.

4.

The dock may not block a navigable channel.

5.

The dock may not extend more than 75 feet past the ordinary high-water level into a lake in the case of a private dock, nor more than 100 feet past the ordinary high-water level in the case of a commercial or public dock. A variance may be granted in accordance with section 90-38 to allow access to navigable waters.

6.

The treadway of the dock may not be more than two feet above the ordinary high-water level of the waterbody over which it is constructed.

7.

No walls, roof, or enclosed structure may be constructed on any dock.

b.

One stairway for achieving access up and down bluffs and steep slopes to shore areas. The stairway may not be greater than four feet in width, and may not have a landing exceeding 32 square feet area.

c.

Lifts for achieving access up and down bluffs and steep slopes.

(5)

Conditional uses in the shoreland district shall be the same as those for the underlying zoning district, and also include:

a.

Intensive clearing of vegetation, except for agricultural and forest management practices as permitted by law.

b.

Advertising signs.

c.

Lake access lots.

d.

Marinas.

(Prior Code, § 1155-020.1; Ord. No. 2022-513, § 1, 8-1-2022)

The floodplain district of the City of Hugo shall apply to all lands in the city shown on the official zoning map and/or the attachments thereto as being located within the boundaries of Zone AE or Zone A.

Establishment of official zoning map: The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the Flood Insurance Study for Washington County, Minnesota and Incorporated Areas prepared by the Federal Emergency Management Agency and dated February 3, 2010 and Flood Insurance Rate Map Panels numbered; 2705040109E, 2705040117E, 2705040119E, 2705040128E, 2705040129E, 2705040133E, 2705040134E, 2705040136E, 2705040138E, 2705040140E, 2705040143E, 2705040144E, 2705040145E, 2705040207E, 2705040230E, and 2705040235E. The official zoning map shall be on file in the office of the city clerk.

(1)

Permitted uses. Any use of the land that does not involve a structure, a habitation, an addition to the outside dimensions of an existing structure, or an obstruction to flood flows such as fill, excavation, or the storage of materials and supplies, so long as such use is permitted in the underlying zoning district. The use must not increase any stage of the 100-year regional flood or cause an increase in flood damages in the reach or reaches affected.

(2)

Accessory uses. Any use of the land that does not involve a structure, a habitation, an addition to the outside dimensions of an existing structure, or an obstruction to flood flows such as fill, excavation, or the storage of materials and supplies, so long as such use is a permitted accessory use in the underlying zoning district. The use must not increase any stage of the 100-year regional flood or cause an increase in flood damages in the reach or reaches affected.

(3)

Conditional uses. Any permitted, accessory, or conditional use allowed in the underlying zoning district may be allowed as a conditional use in the general floodplain district subject to the conditions established in subsection (4) of this section.

(4)

Standards for floodplain district conditional uses.

a.

No structure, facility, or land use shall be allowed in the floodway that will increase the stage of the 100-year regional flood or cause an increase in flood damages in the reach or reaches affected, except for railroads, essential government facilities, accessory structures for public and private recreational facilities, essential utilities, marinas, docks, and other water-oriented accessory structures.

b.

No use shall result in obstruction to, or be incompatible with, preservation of those natural land forms, vegetation, and wetland areas contiguous to watercourses in the city where such use will detract from consistent rates of water flow.

c.

No use shall be permitted that results in development of land or water areas necessary to temporarily store excessive amounts of surface water during periods of floodwater or high water, or of groundwater recharge areas, where such development may decrease the capacity of such areas to temporarily store surface waters or to provide groundwater infiltration.

d.

The use must meet the construction standards found in subsection (5) of this section.

e.

Storage of material and equipment may be allowed below the regulatory flood protection elevation if readily removable from the area within the time available after a flood warning, and in accordance with a plan approved by the city council.

f.

Commercial, recreational, and accessory uses may be allowed only where an adequate flood warning system exists to allow evacuation of areas to be flooded prior to their inundation.

g.

Industrial uses may be permitted in the floodplain district only when adequate procedures are in place to limit flood interference with normal plant operations.

h.

Temporary, on-site storage of fill or other material may be allowed that would increase the stage of the 100-year or regional flood if a specific and detailed removal plan for the material is accepted by the city council. The applicant shall be required to post financial security in an amount not less than 125 percent of the cost of removing the material, and provide proof of liability insurance as necessary to indemnify the city for any potential damage to public or private property caused from possible increased flooding.

i.

To be considered complete, all applications for a conditional use permit to construct a permanent structure in the floodplain overlay district shall include an elevation certificate, (FEMA Form 81-31) completed and certified by a registered land surveyor.

j.

Structural works for flood control such as levees, dikes and floodwalls constructed to any height may be allowed where the intent is to protect individual structures and levees or dikes may be allowed where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event, provided the provisions of subsections 90-138 (5) n. and (5) o. are satisfied.

k.

Motor homes that are currently in the floodplain that do not meet the exemption criteria specified in subsection k. 1. immediately below shall be subject to the provisions of subsection (5) of this section for new structures):

1.

Exemption. Motor homes located within the city are exempt from the provisions of this section if they meet the following criteria:

(i)

Have current licenses required for highway use.

(ii)

Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the motor homes has no permanent structural type additions attached to it.

(iii)

The motor homes and associated use must be permissible in any pre-existing, underlying zoning use district.

(iv)

The motor home shall have no structural additions including decks.

(5)

Floodplain use and construction standards.

a.

All permanent structures, including accessory structures and additions to existing structures, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is one foot or more above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation 15 feet beyond the limits of the structure constructed thereon. As an alternative, alterations and additions to nonconforming structures may be flood proofed in accordance with section 90-46 of this chapter.

b.

As an alternative to construction on fill, low cost accessory structures (under $10,000.00) may be internally floodproofed in accordance with the following standards:

1.

Accessory structures shall not be designed for human habitation.

2.

Accessory structures in the floodway, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:

(i)

Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and

(ii)

So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

3.

Accessory structures not elevated on fill to the regulatory flood protection elevation may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:

(i)

The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;

(ii)

Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and

(iii)

To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

c.

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

1.

Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

2.

Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:

(i)

A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one-foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and

(ii)

That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state building code and shall be used solely for building access, parking of vehicles or storage.

d.

Structures shall be constructed to prevent flotation which may result in damage to other structures and/or restrictions of bridge openings or other narrow sections of watercourses.

e.

Public services such as gas, electrical, sewer and water supply systems shall be floodproofed in accordance with the state building code, unless situated above the regulatory flood protection elevation.

f.

Parking lots may be constructed at elevations lower than the regulatory flood protection elevation, provided that for the parking lots to be used by employees or the general public, a flood warning system must be in place and operational. The flood warning system must provide adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times the velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood.

g.

Railroad tracks, roads, and bridges shall be elevated to, or above, the regulatory flood protection elevation where failure or interruption of the facility would result in danger to the public health or safety, or where such facilities are essential to the orderly functioning of the area.

h.

Uses and principle structures that do not have a vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance in accordance with section 90-38. Such variance shall limit the use or occupancy period to nonflood periods, and may be granted only where adequate warning time is available to vacate the property prior to the driveway becoming impassable.

i.

Service facilities, such as electrical and heating equipment, whether inside or outside of a structure, shall be installed at or above the regulatory flood protection elevation, or be adequately floodproofed to avoid damage to the facility during periods of flood.

j.

Fill, dredge spoil, and other similar materials deposited or stored in the floodplain district shall be located out of the floodway and protected from erosion by vegetative cover, mulching, riprap, or other method acceptable to the city engineer.

k.

Dredge spoil sites and mining operations created after the adoption of the ordinance from which this chapter is derived shall not be allowed in the floodway but may be allowed in the flood fringe if a long-term site development plan is submitted that includes erosion/sedimentation prevention.

l.

Materials and equipment must be stored on fill to a point at or above the regulatory flood protection elevation.

m.

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

n.

Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of the Minnesota Statutes Chapter 10 (G). Community-wide structural works for flood control intended to remove areas from the floodplain district shall not be allowed in the floodway.

o.

A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood, and the technical analysis must assume equal conveyance or storage loss on both sides of the stream.

p.

Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.

(6)

Altering designations and boundaries. In certain instances, land may be removed from the floodplain district by increasing its elevation through fill in accordance with the standards established by the Minnesota Department of Natural Resources and the Federal Emergency Management Agency (FEMA) for removing the special flood hazard designation on property. Such change to the boundaries of the floodplain district may be allowed by the city council by resolution amending this section following a recommendation by the city engineer and approval by the state department of natural resources and FEMA.

(7)

Certificate required for use or occupancy. It is unlawful for any person to use, occupy, or permit the use or occupancy of any building or premises in the floodplain district that is hereafter created, erected, changed, converted, altered, or enlarged in its use or structure without first having obtained a certificate of occupancy from the community development director.

(8)

Conditions for permits and certificates. As a condition for granting any certificate of occupancy, certificate of compliance, or conditional use permit for any property or use in the floodplain district, the property owner or user shall provide the community development director the following:

a.

A certification from a registered professional engineer, registered architect, or registered land surveyor, that the finished fill and building elevation are in compliance with the provisions of this chapter.

b.

Where floodproofing measures have been taken, the owner or user shall provide a certification from a registered professional engineer or registered architect that the floodproofing measures taken are in compliance with subsection (5) of this section.

c.

Certification from a registered professional engineer, registered architect, or registered land surveyor of the as-built elevation of the finished fill and floor elevations for all structures located in the floodplain district.

(9)

Records to be maintained. The community development director shall maintain a record of the floor elevations and flood proofing measures of all buildings or structures hereafter constructed, altered, or enlarged in the floodplain district.

(10)

Permit required for obstruction. It is unlawful for any person to construct, erect, or maintain an obstruction in the floodplain district without a permit from the city council.

(11)

Limitation to interpretation of regulations. The city shall not be more restrictive in the interpretation of its floodplain regulations than required by the state department of natural resources.

(12)

Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the community development director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

(13)

Notifications for mapped watercourse alterations. The zoning administrator shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a mapped watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(14)

Annexations. The flood insurance rate map panels adopted by reference in this article may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the city after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation.

(Prior Code, § 1155-030.1; Ord. No. 2009-434, § 1, 10-5-2009)

The wetlands protection district of the city is all that land located in the city that has a predominance of hydric soils, are inundated by surface water or groundwater at a frequency and duration to support a prevalence of hydrophilic vegetation typically adapted for life in saturated soils conditions, and under normal circumstances, support a prevalence of such vegetation. The district does not include public waters wetlands as defined in Minn. Stat. § 103G.005, subd. 15a.

(1)

Determination of land located in the city's wetlands protection district shall be based on the January 1989 edition of Technical Report Y-82-1, Army Corps of Engineers Wetland Delineation Manual, and is subject to approval of the city engineer or designated alternate. Where there is any dispute to the correct delineation of a wetland area, the property owner may request, in writing, a determination of the boundary be made by a technical evaluation panel to consist of three individuals chosen for their technical expertise: one each appointed by the board of soil and water resources, the watershed district of jurisdiction, and the city engineer. Such request must be made prior to the city council approving or denying any land use request. Once approved by the city council, the delineation made by the technical evaluation panel shall be the official record of the city.

(2)

It is unlawful for any person to fill, excavate, alter, or drain, or to allow the fill, excavation, alteration, or drainage of any land within the wetland protection district, except in conformance with this chapter. No building or structure may be constructed or placed in the wetland protection district except in conformance with this chapter and state law.

(3)

Those uses and activities specified in Minn. Stat. §§ 103G.2241, 103G.231 and 103G.2364 are permitted accessory uses in the wetlands protection district to the extent allowed by law.

(4)

Fill, excavation, alteration, and drainage of wetlands may be allowed by conditional use permit, subject to an approved wetlands replacement plan prepared in accordance with Minn. Stat. § 103G.222 and/or Minn. Stat. § 103G.2242. The wetlands replacement plan shall be considered concurrently and as part of the conditional use permit.

(Prior Code, § 1155-050.1)

(a)

All parcels of land determined by the state pollution control agency (MPCA) to be contaminated by hazardous substances, in accordance with Minn. Stat. ch. 115B, shall be included in the superfund recovery district of the city without any further action by the city. Once the MPCA issues a certification that the hazardous conditions on the property have been corrected, the parcel shall be removed from the district without any further action by the city.

(b)

The construction or expansion of any building or accessory structure, changes of use, and topographic alteration not related to cleanup of the site, shall be conditional uses in the superfund recovery district.

(c)

No conditional use permit shall be issued to a parcel of land in the superfund recovery district that would impede, delay, or make impractical the complete correction of environmentally hazardous conditions on the parcel.

(Prior Code, § 1155-060.1)

(a)

Purpose and intent. Planned unit developments (PUD) offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the city's expectation is to be realized as evaluated against the following criteria:

(1)

The establishment of PUD zoning districts in appropriate settings and situations, to create or maintain a development pattern that complies with the city's comprehensive plan.

(2)

The mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this chapter.

(3)

Variations to the strict application of the land use regulations in this chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, open space, etc.) that exceed the city's standards to offset the effect of any variations.

(4)

A more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city.

(5)

Preservation and enhancement of natural features and open spaces, including but not limited to the width expansion of greenway corridors, conservation of wooded areas, development of buffer areas, reduction of impervious surface, and utilization of joint facilities and utilities.

(6)

Maintenance or improvement for the efficiency of public streets and utilities.

(7)

Establishment of appropriate transitions between differing land uses.

(b)

Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan.

(1)

Each PUD shall be used for the use for which the site is designated in the comprehensive plan, except that the city may permit up to 25 percent of the gross floor area of all buildings in a PUD to be used for land uses for which the site is not designated in the comprehensive plan, if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this section. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan.

(2)

Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan.

(c)

Setbacks and building heights. The various setback and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from in order to accomplish the purposes described in this section.

(d)

Development density. The following are zoning district maximum density limits for planned unit developments:

Density bonuses are permitted in accordance with section 90-216.

(e)

Sketch plan. Prior to the filing of a formal application, the applicant may submit a sketch plan of the project to the community development director. A sketch plan will be processed according to the information requirements, standards and procedures for sketch plans as established by section 90-36.

(f)

General plan. A PUD general plan is a plan and supportive text depicting general land use, circulation, open space, utilities, etc. for parcels of land within a PUD.

(1)

Application procedure. PUD zoning applications shall be processed according to the evaluation criteria and procedures.

(2)

Information requirement. The information required for all PUD general plan applications shall be as specified:

a.

Overall gross and net density.

b.

Identification of minimum lot size and lot width.

c.

General location of major streets and pedestrian ways.

d.

General location and extent of public and common open space.

e.

General location and type of land uses and intensities of development.

f.

Staging and time schedule for development.

(3)

The community development director, planning commission, and/or city council may excuse an applicant from submitting any specific item of information or document required by this section which it finds to be unnecessary to the consideration of the specific PUD being considered.

(g)

Zoning enactment. A rezoning of a parcel of land to PUD shall not become effective until such time as the city council approves an ordinance reflecting said amendment, which shall take place at the time the city council approves the general plan.

(h)

Final plan. After approval of the general plan, the applicant may apply for final plan approval for all or a portion of the PUD. The applicant shall submit the following material for review by and approval of the community development director prior to issuance of any building permit.

(1)

Development plans in final form, based on the approved general plan, covering that portion of the PUD where building permits will be requested under the phasing plan.

(2)

Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

(3)

Any other plans, agreements or specifications necessary for the community development director to review the proposed final plan.

(i)

Periodic PUD Review. The city council may require periodic review of a PUD as a condition to approval of a PUD general plan in order to ensure compliance with the conditions of the PUD. At such time the city council may, at its discretion, choose to take additional testimony on the PUD.

(j)

Plan modification/amendment of a PUD.

(1)

General Requirements. The community development director shall maintain a record of all PUD zones approved by the city, including all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the community development director may deem appropriate.

(2)

Withdrawal of an application. An applicant may withdraw any application under this section without prejudice at any time prior to final city council action thereon.

(3)

Coordination with other zoning regulations. Subdivision review, article VII, shall be carried out simultaneously with the review of a PUD.

a.

The plans required under this chapter shall be submitted in addition to or in a form that will satisfy the requirements of article VII for the preliminary and final plat.

b.

Site plan review under this Code shall be carried out for each nonsingle-family or duplex principal structure which is proposed.

c.

PUD plans shall be coordinated with and in compliance with provisions of the natural environment-based regulations identified in this Code.

d.

Conveyance of property within a PUD. In the event that any real property within an approved PUD is conveyed in total or in part, the buyer thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this chapter shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms to the approved PUD and the general plan for a project.

(4)

Agreement/financial guarantee. Following the approval of the general plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of:

a.

A development agreement; and/or

b.

A site improvement performance agreement; and/or

c.

Another form of legally binding instrument as may be required by the city.

(Prior Code, § 1215-190.1)