Jackson City Zoning Code
DISTRICT REGULATIONS
§ 153.035 GENERAL.
The provisions of this subchapter apply to all districts without limitation, except as restricted by the specific subdivisions or subparagraphs hereof.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.036 APPLICATION.
All structures erected, all uses of land or structures established, all structural alteration or relocation of existing structures occurring, and all enlargements and extensions of, additions to, changes in, and relocation of existing uses occurring after the effective date of this chapter shall be subject to the regulations of this chapter. Legally existing structures and uses that do not comply with the regulations of this chapter shall be subject to the provisions of §§ 153.160 et seq.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.037 ALLOWABLE USES.
(A) Uses allowed in any district.
(a) Uses listed as conditional or interim uses on the Land Use Chart;
(b) Uses not listed on the Land Use Chart as either permitted, conditional or interim uses, but which have been reviewed by the Planning Commission and designated by the City Council as conditional or interim uses that are similar to those listed;
(c) Multiple operational uses as defined herein, if at least one of the operations is classified as a conditional use.
(3) Accessory uses (“A”): those uses that are incidental to the principal use of the premises on which it is conducted. Customary accessory uses such as off street parking and signs and essential services are permitted in each district.
(4) Planned Unit Development - PUD (“D”): those uses allowed only after issuance of a PUD permit. Uses allowed in a PUD may include permitted uses, uses by conditional use permit, and accessory uses. The underlying zoning district(s) establishes the basic allowable uses and the general development standards.
(B) Building and demolition permits required. Building permits must be secured for any new construction or alteration, and a demolition permit must be obtained for demolition of any building, pursuant to the provisions of the State Building Code and the City Code.
(C) Accessory use regulations. Accessory uses in each district shall be permitted where they are customarily incidental to the uses therein set forth.
(D) Accessory uses for nonresidential uses in residential districts. The following accessory uses, in addition to those herein before specified, shall be permitted in any residence district if the accessory uses do not alter the character of the premises in respect to their permitted use:
(1) The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district;
(2) Recreation, refreshment and service buildings in public parks and playgrounds;
(3) Storm/fallout shelters.
(E) Accessory building standards.
(1) In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building in a residential district, unless attached to and made a part of the main building, except as otherwise provided in this chapter.
(2) Detached accessory buildings (including garages) may be built or placed in - but may occupy no more than 30% of - the required rear yard. The minimum side and rear yard setback therefor shall be 4 feet. No such accessory building shall have a floor area greater than 1000 sq. ft. (except in “AR” districts, where this floor area restriction does not apply). The property owner may build a detached accessory building on an adjoining tract or lot in certain cases where the property owner owns 2 tracts or lots that are contiguous to one another and which are similarly zoned to allow detached accessory buildings. It does not matter if the tracts or lots are in the same platted subdivision, different platted subdivisions, or are not platted and described by "metes and bounds." The tracts or lots cannot be separated by a public or private right-of-way or a natural or manmade physical barrier. The property owner must apply to the city for an exception, approved by the Planning Commission and City Council, to insure all other aspects of the city code will be addressed and to ensure homogeneity in neighborhoods throughout the city. The exception, if approved, must be recorded in the records of the Jackson County Minnesota Recorders Office. The exception shall terminate automatically if the tracts or lots are not owned by the same person(s) or entity and the detached accessory building can then no longer be maintained and must be removed. For purposes of this section, corner lots have 2 front yards and only 1 side yard.
(3) Minimum structural requirements for all detached accessory buildings in residential zoning districts (except the AR District) shall conform to the following minimum standard requirements:
(a) The roof style of the accessory building shall be similar to the roof style of the dwelling;
(b) The height of any accessory building may not exceed the height of the dwelling;
(c) Unpainted metal exterior finishes are prohibited for accessory buildings that have ground coverage of greater than 120 square feet;
(d) The construction shall conform to the Uniform Building Code as adopted by the City Council;
(e) A building, with ground coverage greater than 120 square feet, shall be constructed on a concrete slab or footing.
(4) Conex and truck boxes are not permissible structures and are prohibited in all districts except that they may be placed and used as follows:
(a) Only after issuance of a moving permit therefor;
(b) Temporarily (for up to 18 months) in all districts at construction sites and while, but only so long as, construction is in progress pursuant to a duly issued and unexpired building permit;
(c) Pursuant to an interim use permit authorizing placement of one or more conex boxes for more than 18 months as an accessory structure in Planned Industrial (PI), General Industrial (GI), Service Business (SB), and Agricultural Residence (AR) districts, provided, that each such unit shall be:
1. Placed and maintained in compliance with setback requirements for permanent structures, except when used temporarily during construction as aforesaid;
2. Anchored according to the Minnesota State Building Code and manufacturer’s specifications; and
3. Maintained so that all exterior surfaces are covered with paint of the same color, with no bare metal exposed to the elements;
(d) The total square footage of space occupied by conex boxes shall not exceed 40% of the developable area of the tract upon which they are placed (“developable area” means the area of the tract that is or can be developed with a building or buildings in accordance with the City Code and the Minnesota State Building Code); and
(e) Conex boxes shall not be stacked one on top of the other.
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 7, 6th Series, passed 6-6-2006; Am. Ord. 29, 6th Series, passed 8-17-2010; Am. Ord. 104, passed 3-2-2020)
§ 153.038 PROHIBITED USES.
Except for the produce of fruit trees, gardens, and farms, and for a farmer’s market type display-for-sale of fresh fruits and vegetables, storage and display of perishable items outside of a fully enclosed building are strictly prohibited in all districts. Uses not listed or described within this subchapter shall be prohibited. In addition to regulations contained within this subchapter, all uses and structures shall be subject to special regulations contained within this chapter and shall comply with all applicable local, state and federal laws, rules and regulations.
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 22, 6th Series, passed 8-21-2007)
§ 153.039 UNDETERMINED OR QUESTIONABLE CLASSIFICATION OF USES.
When a question arises as to whether a proposed use falls within a permitted use, a conditional/interim use, or an accessory use category, or whether a specific use that is not included on the Land Use Chart should be allowed in a particular district, the Planning Commission shall consider the questions and recommend a disposition to the City Council. The City Council shall determine whether the use should be allowed as similar to other allowable uses in the district. If the City Council determines that the use is similar to other allowable uses in the district, it shall initiate proceedings to amend this chapter accordingly.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.040 LAND USE CHART.
All allowable uses (except those in the County Fairgrounds District, see § 153.072) are listed on the Land Use Chart, which appears as an appendix to this chapter.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.041 STANDARD REQUIREMENTS CHART FOR MIXED-USE DISTRICTS.
Dimensional and spatial regulations for the residence districts are shown on the Standard Requirements Chart - Mixed-Use, Table 2.
District | AR | LR | R-1 | R-2 | R-3 | MU | |
District | AR | LR | R-1 | R-2 | R-3 | MU | |
Single family dwelling | 20000 | 22000 | 7500 | 11250 | 12500 | ||
2 family dwelling | 11500 | 12500 | |||||
3 family dwelling | 13000 | 13000 | |||||
4 family dwelling | 14500 | 14500 | |||||
Per unit - for 5 or more family dwelling | 3000 | ||||||
Public housing for the elderly | 800 | ||||||
Width | 150 | 100 | 75 | 90 | 100 | ||
Depth | 125 | 125 | 100 | 125 | 125 | ||
City and county designated arterials11 | 75 | 75 | 50 | 75 | 75 | ||
US and state highways11 | 85 | 85 | 85 | 85 | 855 | ||
Interstate | 100 | 100 | 100 | 100 | 1005 | ||
Minor streets | 30 | 30 | 25 | 30 | 305 | 512 | |
Both streets on a corner lot and double frontage lots | 302 | 30 | 252 | 302 | 302 | ||
Side yard (feet) | |||||||
Interior | 1010 | 10 | 1 | 101 | 101, 5 | ||
Corner | 30 | 30 | 302 | 302 | 301,5 | ||
Rear yard (% of lot depth) | 2510 | 25 | 20 | 25 | |||
Other setbacks (feet) | |||||||
River (from OHM) | 100 | 100 | 100 | 100 | 100 | ||
River (from bluff line) | 30 | 30 | 30 | 30 | |||
Stories | 2.5 | 2.5 | 2.5 | 2.5 | 4 | 2.5 | |
Feet | 35 | 30 | 30 | 30 | 45 | 35 | |
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 31, 6th Series, passed 2-3-2009; Am. Ord. 46, 6th Series, passed 8-3-2010)
§ 153.042 STANDARD REQUIREMENTS CHART FOR NON-RESIDENCE DISTRICTS.
Dimensional and spatial regulations for the non-residence districts are shown on the following Standard Requirements Chart for Non-Residence Districts, Table 3.
District | SB | CB | PI | GI
| |
District | SB | CB | PI | GI
| |
1. | Minimum Lot Area (sf)3 | 20,000 | |||
2. | Minimum District Area (acres) | 10 | |||
3. | Minimum Front Yard (feet)4 | ||||
(a) | Not adjoining or adjacent to another zoning classification, or adjoining a residence district | 20 | - | 30 | 30 |
(b) | Adjoining or adjacent to another district with a lesser front yard requirement | same as other District | - | 30 | 30 |
(c) | Adjoining or across street from any R District | same as other District | 20 | 50 | 50 |
4. | Minimum Side Yard (feet)4 | ||||
(a) | Not adjoining or adjacent to another zoning classification, or adjoining or adjacent to a residence district | 10 | - | 25 | 25 |
(b) | Adjoining or adjacent to any district with a lesser setback requirement | same as other District | - | 25 | 25 |
(c) | Adjoining an R District | 25 | 10 | 25 | 25 |
(d) | Corner lot | 20 | 30 | 30 | |
5. | Minimum Rear Yard (percent of lot depth or feet)4 | ||||
(a) | Not adjoining or adjacent to another zoning classification, or adjoining or adjacent to any district with a lesser requirement (feet) | 20% | - | 30 | 30 |
(b) | Adjoining or adjacent to another district with a lesser rear yard requirement | same as other District | - | 30 | 30 |
(c) | Adjoining or across street from any R District | 20% | 20% | 50 | 50 |
6. | Maximum Building Height (greater of)2 | ||||
Stories | 2 | 3 | 4 | - | |
Feet | 30 | 35 | 45 | 601 | |
7. | Maximum Lot Coverage by Buildings (percent of lot area) | - | - | 50% | - |
8. | Minimum Landscape Area per site5 | 25% | - | 25% | 25% |
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.043 HEIGHT REGULATIONS AND MODIFICATIONS.
(A) Public, semi-public or public service buildings, hospitals, institutions, schools or churches may 104be erected to a height not exceeding 60 feet in the districts in which they are permitted if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided for the district in which the building is located.
(B) Height limitations set forth in the R-3, GI and PI Districts may be increased to 6 stories or 75 feet in height where the lot is not adjacent to, or closer than 300 feet to, any lot in any Residence District, and provided a conditional or interim use permit is issued for such height increase.
(C) Height limitations as set forth in this chapter may be increased by 100% when applied to the following, provided they do not conflict with airport zoning limitations:
(1) Monuments.
(2) Flag poles, except on residential lots.
(3) Cooling towers.
(4) Elevator penthouses.
(D) Height regulations as set forth herein may be increased with no limitation when applied to the following, provided a conditional or interim use permit is issued to increase height, and provided they do not conflict with airport zoning limitations:
(1) Church domes, spires, belfries and roof ridges.
(2) Schools, colleges and university buildings.
(3) Chimneys or smokestacks.
(4) Television, communications, and radio antennae.
(5) Fire towers.
(6) Lofts, tanks, and grain storage bins with appurtenant grain handling equipment.
(7) Water towers.
(8) Ornamental towers and spires.
(E) Where the average slope of a lot is greater than one foot rise or fall in 7 feet or horizontal distance from the established street elevation at the property line to the established building line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 115, 5th Series, passed 6-5-2001; Am. Ord. 36, 6th Series, passed 5-5-2009)
§ 153.044 AREA REGULATIONS.
(A) No lot area requirement shall be encroached upon so that the area of the lot or dimensions of the open space shall be less than herein required.
(B) No dwelling shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space on the same lot. No building shall hereafter be erected or altered so as to encroach upon the present means of access to an existing dwelling or so as to diminish this means of access to a width less than the width of the existing dwelling.
(Ord. 109, 5th Series, passed 6-3-1999)
§ 153.045 YARD REGULATIONS.
Measurements shall be taken from the point of the wall of the building nearest to the lot line in question.
(A) Deck: a horizontal, unenclosed wooden or plastic platform, with or without attached railings, seats, trellises, or other features, attached to the ground or functionally related to a principal use or site, and at any point extending more than 8 inches above ground level.
(1) Decks shall be set back at least 10 feet from the rear lot lines in all residential districts.
(2) A deck, including a landing place or uncovered porch, may extend into the minimum required front yard a distance not exceeding 8 feet, if the deck, landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than 3 feet may be placed around the structure.
(3) An existing deck or uncovered porch which does not meet the current setback requirements may be rebuilt to either the same or a lesser dimension without the need for a variance.
(4) Decks, landing places and uncovered porches shall comply with other existing setback requirements for principal structures.
(B) The following shall not be considered to be encroachments of yard requirements:
(1) Cornices, chimneys, sills, canopies, flues, eaves or gutters, provided they do not extend more than 2.5 feet into any required yard;
(2) Uncovered porches or stoops no greater than 16 square feet in size, or terraces, patios, or steps, provided, that they do not extend above the height of the first-floor level of the principal building and do not extend to a distance less than 5 feet from any side or rear lot line;
(3) Windows or similar bays or window wells, provided they do not exceed a depth of 3 feet, nor contain an area of more than 30 square feet;
(4) Fire escapes, provided that they do not exceed a width of 3 feet;
(6) Planters, sandboxes or lawn ornaments, provided that they accumulatively occupy no more than 36 square feet in area and do not exceed 3 feet in height;
(7) Playground equipment and other structures placed in public parks by the city;
(8) Flagpoles on residential lots, provided that:
(a) Only one flagpole is permitted on any lot;
(b) The pole is no more than 5 inches in diameter and 30 feet high when installed;
(c) Is set back at least 10 feet from public rights-of-way and adjoining property lines; and
(d) Is located so as not to interfere with any utility line or with the maintenance, repair, or replacement thereof.
(C) Balconies, breezeways, sun porches, 3 season porches and the like which extend above the height of the ground level of the principal building shall be subject to required setbacks.
(D) The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub, or other growth that may cause danger to traffic on a street or public road by obscuring the view.
(E) More than one institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the area requirements.
(F) Notwithstanding any setback requirements to the contrary, open air, uncovered handicapped accessibility ramps may be constructed on any required yard setback area, provided that the construction conforms to the Uniform Building Code and that any such ramp shall be removed within 30 days of the date on which a handicapped person no longer resides on the property.
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 115, 5th Series, passed 6-5-2001; Am. Ord. 36, 6th Series, passed 5-5-2009)