Lafayette City Zoning Code

GENERAL PROVISIONS

§ 151.001 INTENT AND PURPOSE.

(A) All former zoning ordinances and subsequent amendments adopted, by the city are hereby repealed in their entirety.

(B) This chapter is adopted for the purpose of:

(1) Protecting the public health, safety, morals, comfort, convenience and general welfare;

(2) Promoting orderly development of the residential, commercial, industrial, recreational and public areas;

(3) Providing adequate light, air and convenience of access of property;

(4) Providing for the compatibility of different land uses and the most appropriate use of land throughout the city; and

(5) Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them.

(Ord. 75, passed 12-27-1990)

§ 151.002 TITLE.

This chapter shall be known, cited and referred to as the city zoning ordinance, except as referred to herein, where it shall be known as “this chapter”.

(Ord. 75, passed 12-27-1990)

§ 151.003 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; words in the singular number shall include the plural and words in the plural shall include the singular.

ACCESSORY USES. A land use related, but subordinated to the main use of the property, including, but not limited to, garages, fences, parking lots, driveways and sidewalks.

BLOCK. The property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or subdivided acreage.

DWELLING. A structure used for human occupancy.

DWELLING, MULTI-FAMILY. Three or more attached single-family dwellings.

DWELLING, SINGLE-FAMILY. A detached dwelling, built as a single house keeping unit occupied by individuals living as a family as distinguished from a group occupying a lodging facility.

DWELLING, TWO-FAMILY. Two attached single-family swellings.

FEEDLOT. The raising of livestock or poultry in any confined area or pasture where the intensity of use is such that natural vegetation cannot be maintained.

HOME OCCUPATION. A land use conducted basically within a dwelling and carried on by the inhabitants there of which is clearly incidental and secondary to the residential use of the lot and does not change the character thereof. Generation of traffic, noise, odor and discharges above levels normally found in the neighborhood in question are examples of changing the character thereof. (See RESIDENTIAL BUSINESS).

LAND USE. A structure on the land or an activity taking place on the land.

LOT. Land having frontage on at least one street, occupied or to be occupied by a building or buildings.

LOT, CORNER. A lot situated at the intersection of two or more streets.

RESIDENTIAL BUSINESS. A land use that is clearly secondary to the residential use of the lot but that generates traffic, noise, odor or discharges or involves structures that are more intense than those normally found in the neighborhood.

SETBACK. Distance between the lot edge and face of structures.

SIGNS, ADVERTISING. Signs advertising for something associated with a different site than the sign site.

SIGNS, IDENTIFICATION. Signs identifying the name of the business or persons occupying the site where the sign is.

SIGNS, TEMPORARY. Signs used for a temporary period of time, including festival banners, political signs and real estate signs.

STREET. Public right-of-way which can be used for vehicular traffic, including roads and highways, but not including alleys.

STRUCTURE ALTERATION. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

SUBDIVISION. The division of land into smaller parcels through the use of a plat or registered land survey.

YARD, REQUIRED. The area described when a minimum setback, is required.

(Ord. 75, passed 12-27-1990; Ord. 147, passed 6-10-2024)

§ 151.004 INTERPRETATION.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(Ord. 75, passed 12-27-1990)

§ 151.005 COMPATIBILITY WITH OTHER REGULATIONS.

Where the conditions of this chapter are comparable with conditions imposed by any other federal, state or county law, ordinance, statute or regulation, the regulations which are more restrictive shall prevail.

(Ord. 75, passed 12-27-1990)

§ 151.006 CONFORMANCE TO CHAPTER.

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.

(Ord. 75, passed 12-27-1990) Penalty, see § 151.999

§ 151.007 PLATTING REQUIREMENTS.

No land use permit will be issued for any land parcel subdivided after the effective date of this chapter that has not been officially platted in accordance with state law and recorded in the county recorder’s office, with the following exceptions:

(A) Parcels that are five acres or larger with no public road or right of way involved; and

(B) Simple splitting of a previously platted parcel where all of the residential parcels meet minimum lot size requirements for the zoning district.

(Ord. 75, passed 12-27-1990; Ord. 144, passed 10-9-2023)

§ 151.008 OPT-OUT OF M.S. § 462.3593.

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

(Ord. 120, passed 7-12-2016)

§ 151.009 CANNABIS.

(A) Administration.

(1) Findings and purpose. The City of Lafayette makes the following legislative findings: the purpose of this section is to implement the provisions of M.S. Ch. 342, which authorizes the city to protect the public health, safety, welfare of city residents by regulating cannabis businesses within the legal boundaries of the city. The city finds and concludes that the proposed provisions are appropriate and lawful land use regulations for the city, that the proposed amendments will promote the community’s interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.

(2) Authority and jurisdiction. The city has the authority to adopt this section pursuant to:

(a) M.S. § 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do no prohibit the establishment or operation of cannabis businesses.

(b) M.S. § 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.

(d) M.S. § 462.357, regarding the authority of a local authority to adopt zoning ordinances.

This section shall be applicable to the legal boundaries of the city.

The City of Lafayette has delegated cannabis retail registration authority to Nicolett County, however the city retains the authority and hereby adopts ordinances relating to the zoning, buffers, hours of operation, and number of registrations.

(3) Enforcement. The elected body of a jurisdiction can choose to designate an official to administer and enforce this section. The city is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity listed in this section.

(4) Definitions. Unless otherwise noted in this section, words and phrases contained in M.S. § 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this section.

CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. Harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.

CANNABIS RETAIL BUSINESSES. A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, lower-potency hemp edible retailers.

CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.

DAYCARE. A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child’s own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

LOWER-POTENCY HEMP EDIBLE. As defined under M.S. § 342.01, Subd. 50.

OFFICE OF CANNABIS MANAGEMENT. Minnesota Office of Cannabis Management, referred to as “OCM” in this section.

PLACE OF PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.

PRELIMINARY LICENSE FOR APPROVAL. OCM pre-approval for a cannabis business license for applicants who qualify under M.S. § 342.17.

PUBLIC PLACE. A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.

RESIDENTIAL TREATMENT FACILITY. As defined under M.S. § 245.462, Subd. 23.

RETAIL REGISTRATION. An approved registration issued by the county to a state-licensed cannabis retail business.

SCHOOL. A public school as defined under M.S. § 120A.05 or a nonpublic school that must meet the reporting requirements under M.S. § 120A.24.

STATE LICENSE. An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis retail business.

(B) Registration of cannabis business.

(1) Consent to registering of cannabis businesses. No individual or entity may operate a state-licensed cannabis retail business within the city without first registering with Nicollet County. Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of up to $2,000 for each violation. Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in Indian country, as defined in U.S.C., Title 18, Section 1151, of a Minnesota Tribal government without the consent of the Tribal government.

(2) Compliance checks prior to retail registration. Prior to issuance of a cannabis retail business registration, Nicollet County may conduct a preliminary compliance check to ensure compliance with local ordinances. Pursuant to M.S. Ch. 342, within 30 days of receiving a copy of a state license application from OCM, the city shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the State Fire Code and Building Code.

(3) Limiting number of registrations. If Nicollet County has one active cannabis retail businesses registration for every 12,500 residents, the city shall not be required to register additional state-licensed cannabis retail businesses.

(1) Minimum buffer requirements. The city hereby prohibits the operation of cannabis retail businesses within 1,000 feet of a school, or within 500 feet of a daycare, residential treatment facility or an attraction within a public park that is regularly used by minors, including a playground or athletic field. Pursuant to M.S. § 462.357, Subd. 1e, nothing in division (C)(1) shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors moves within the minimum buffer zone.

(2) Zoning and land use. The city has limited the zone(s) that cannabis business may operate in, either as permitted or conditional uses. Refer to Code §§ 151.066-151.097.

(3) Hours of operation. Cannabis businesses are limited to retail sales of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and between 9:00 p.m. every day.

(4) Temporary cannabis events. A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. A license or permit is required to be issued and approved by Nicollet County prior to holding a temporary cannabis event. The cannabis event organizer shall comply with all city regulations, including zoning, buffer, and hours of operation for the event.

(Ord. 151, passed 3-10-2025)