Lake Crystal City Zoning Code

ZONING DISTRICTS

REGULATIONS

§ 156.35 R-1 AGRICULTURE RESIDENCE DISTRICT.

(A) Purpose. The R-1 Agriculture Residence District is intended to establish a district that is best suited from the transition from rural agricultural uses to urban uses. This district is designed for the protection of both urban and rural uses by controlling excessive and wasteful scattering of population and by holding land for eventual urban development until a time as adequate municipal facilities are available.

(B) Permitted uses. The following uses shall be permitted in the R-1 Agriculture Residence District:

(1) Any one-family detached dwelling; any one-family attached dwelling (group, row or townhouse); any two-family dwelling;

(2) Any park or recreational area owned or operated by a governmental agency;

(3) Any public or private elementary or secondary school, or any day care center;

(4) Any church provided that no building shall be located within 25 feet of any lot line abutting a lot of the other classes of residence districts;

(5) Any agricultural, farming operation or truck gardening; and

(6) Any home occupation as regulated in §§ 156.55 through 156.61.

(C) Conditional uses. The following uses may be allowed in the R-1 Agriculture Residence District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:

(1) Any municipal administration building, police or fire station, community center building, public library, museum, art gallery, post office and other municipal service building; except those customarily considered industrial in use and provided that no building shall be located within 25 feet of any line abutting a lot in any of the other classes of residence districts;

(2) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure;

(3) Any golf course, golf clubhouse, country club, public swimming pool, private swimming pool serving more than one family, provided that no principal structure shall be located within 25 feet of any lot line of an abutting lot in any of the other classes of residence districts;

(4) Any railroad rights-of-way, but not including any railroad yard or shop;

(5) Nurseries and greenhouses for growing plants only;

(6) Cemetery, memorial garden; and

(7) Any multi-family dwelling.

(D) Permitted accessory uses. The following uses shall be permitted accessory uses in the R-1 Agriculture Residence District:

(1) Any private garage;

(2) Any private swimming pool when completely enclosed within a chain link or similar fence five feet high;

(3) Any keeping of not more than two boarders or roomers by a resident family;

(4) Any living quarters of persons employed on the premises;

(5) Any fallout shelters; and

(6) Any other accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.

(E) Height, yard, area and lot width and depth regulations. Every lot in an R-1 Agriculture Residence District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards.

(1) Height regulations. No building hereafter erected or altered shall exceed 30 feet in height.

(2) Front yard regulations.

(a) There shall be a front yard having a depth of not less than 25 feet unless 25% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to that street line of the two nearest residences.

(b) There shall be a front yard of not less than 35 feet on a lot or plat that abuts a thoroughfare as shown on the adopted City Thoroughfares Plan.

(c) Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of each corner lot. No accessory buildings shall project beyond the front yard of either street.

(3) Side yard regulations. There shall be a side yard, on each side of a building, each having a width of not less than 15 feet.

(4) Rear yard regulations. There shall be a rear yard having a depth of not less than 25 feet.

(5) Lot area, width and depth regulations.

(a) Every lot on which a one-family detached dwelling is erected shall contain an area of not less than 22,000 square feet, and shall have a minimum width of not less than 100 feet at the building setback line, and a minimum depth of not less than 150 feet.

(b) Every lot on which a one-family attached, two-family or multi-family dwelling is erected shall contain an area of not less than 22,000 square feet for the first dwelling unit plus 2,000 square feet for each additional dwelling unit and shall have a minimum width of not less than 100 feet at the building setback line, and a minimum depth of not less than 150 feet.

(F) General regulations. Additional regulations in the R-1 Agriculture Residence District are set forth in §§ 156.55 through 156.61.

(Ord. 266, passed 5- -2008)

§ 156.36 R-2 RESIDENCE DISTRICT.

(A) Purpose. The R-2 Residence District is intended to establish a district which will define and protect areas suitable for low to medium density residential development as the principal use of the land and to allow related facilities desirable for a residential environment. Single-family dwellings are the primary residential use; however, other residential dwelling types may be permitted when the provisions of this chapter are met.

(B) Permitted uses. The following uses shall be permitted in the R-2 Residence District:

(1) Any one-family detached dwelling; any one-family attached dwelling (group, row or townhouse); any two-family dwelling;

(2) Any park or recreational area owned or operated by a governmental agency;

(3) Any public or private elementary or secondary school, or any day care center;

(4) Any church provided that no building shall be located within 25 feet of any lot line abutting a lot of the other classes of residence districts; and

(5) Any home occupation as regulated in §§ 156.55 through 156.61.

(C) Conditional uses. The following uses may be allowed in the R-2 Residence District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:

(2) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure;

(4) Any railroad rights-of-way, but not including any railroad yard or shop;

(5) Any agricultural, farming operation or truck gardening;

(6) Any nurseries and greenhouses for growing plants only;

(7) Any cemetery, memorial garden; and

(8) Any multi-family dwelling.

(D) Permitted accessory uses. The following uses shall be permitted accessory uses in the R-2 Residence District:

(1) Any private garage;

(2) Any private swimming pool when completely enclosed within a chain link or similar fence five feet high;

(3) Any keeping of not more than two boarders or roomers by a resident family;

(4) Any living quarters of persons employed on the premises;

(5) Any fallout shelters; and

(6) Any other accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.

(E) Height, yard, area and lot width and depth regulations. Every lot in a R-2 Residence District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards.

(1) Height regulations. No building hereafter erected or altered shall exceed 30 feet in height.

(2) Front yard regulations.

(b) There shall be a front yard of not less than 35 feet on a lot or plat that abuts a thoroughfare as shown on the adopted City Thoroughfares Plan.

(3) Side yard regulations.

(a) There shall be a side yard on each side of a building, each having a width of not less than five feet for buildings not exceeding 20 feet in height.

(b) For buildings exceeding 20 feet in height, there shall be a side yard on each side of a building having a width of five feet plus one foot of side yard for each one foot of building over 20 feet.

(4) Rear yard regulations. There shall be a rear yard having a depth of not less than 25 feet; however, a building will not be allowed in an area of the lot which is behind a straight line drawn between the rear buildings of the two nearest residences.

(5) Lot area, width and depth regulations.

(a) Every lot upon which a one-family detached dwelling is erected shall contain an area of not less than 7,200 square feet.

(b) Every lot upon which a one-family attached, two-family or multi-family dwelling is erected or altered shall contain an area of not less than 12,000 square feet for the first two dwelling units, plus 2,000 square feet for each additional dwelling unit.

(c) Every lot on which a one-family detached dwelling is erected shall have a minimum width of not less than 60 feet at the building setback line, and a minimum depth of not less than 120 feet. For existing lots which are less than 60 feet wide and less than 120 feet deep the aforementioned setbacks shall be enforced.

(d) Every lot on which a one-family attached, two-family or multi-family dwelling is erected shall have a minimum width of not less than 80 feet at the building setback line, and a minimum depth of not less than 150 feet.

(F) General regulations. Additional regulations in the R-2 Residence District are set forth in §§ 156.55 through 156.61.

(Ord. 266, passed 5- -2008)

§ 156.37 R-3 MULTIPLE-FAMILY RESIDENCE DISTRICT.

(A) Purpose. The R-3 Multiple-Family Residence District is intended to establish a district which will define and protect areas suitable for medium to maximum density residential development as the principal use of the land and to allow related facilities desirable for a multiple family residential development. Multiple-family dwellings are the primary residential use, however, other residential dwelling types may be permitted when the provisions of this chapter are met.

(B) Permitted uses. The following uses shall be permitted in the R-3 Residence District:

(1) Any multiple family dwelling; any multi-family dwelling; any one-family attached dwelling (group, row or townhouse); any two-family dwelling;

(2) Any park or recreational area owned or operated by a governmental agency;

(3) Any public or private elementary or secondary school, or any day care center;

(4) Any church provided that no building shall be located within 25 feet of any lot line abutting a lot of the other classes of residence districts; and

(5) Any home occupation as regulated in §§ 156.55 through 156.61.

(C) Conditional uses. The following uses may be allowed in the R-3 Residence District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:

(2) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure;

(4) Any railroad rights-of-way, but not including any railroad yard or shop;

(5) Any agricultural, farming operation or truck gardening;

(6) Any nurseries and greenhouses for growing plants only;

(7) Any cemetery, memorial garden; and

(8) Any one-family detached dwelling.

(D) Permitted accessory uses. The following uses shall be permitted accessory uses in the R-3 Residence District:

(1) Any private garage;

(2) Any private swimming pool when completely enclosed within a chain link or similar fence five feet high;

(3) Any keeping of not more than two boarders or roomers by a resident family;

(4) Any living quarters of persons employed on the premises;

(5) Any fallout shelters; and

(6) Any other accessory uses customarily incident to the uses permitted in divisions (B) and (C) above.

(E) Height, yard, area and lot width and depth regulations. Every lot in a R-3 Residence District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards.

(1) Height regulations. No building hereafter erected or altered shall exceed 40 feet in height.

(2) Front yard regulations.

(b) There shall be a front yard of not less than 35 feet on a lot or plat that abuts a thoroughfare as shown on the adopted City Thoroughfares Plan.

(3) Side yard regulations.

(a) There shall be a side yard on each side of a building, each having a width of not less than five feet for buildings not exceeding 20 feet in height.

(b) For buildings exceeding 20 feet in height, there shall be aside yard on each side of a building having a width of five feet, plus one foot of side yard for each one foot of building over 20 feet.

(5) Lot area, width and depth regulations.

(a) Every lot upon which a one-family attached, two-family or multi-family dwelling is erected or altered shall contain an area of not less than 12,000 square feet for the first two dwelling units plus 2,000 square feet for each additional dwelling unit.

(b) Every lot on which a two-family or multi-family dwelling is erected shall have a minimum width of not less than 80 feet at the building setback line, and a minimum depth of not less than 150 feet.

(F) General regulations. Additional regulations in the R-3 Residence District are set forth in §§ 156.55 through 156.61.

(Ord. 266, passed 5- -2008)

§ 156.38 B-1 LIMITED BUSINESS DISTRICT.

(A) Purpose. The B-1 Limited Business District is intended to encourage the concentration of a broad range of commercial establishments, including drive-in businesses, establishments requiring outdoor storage and display areas, and businesses operating with late hours. It is important that businesses in this district provide adequate off-street parking with safe ingress and egress to the adjoining streets. Equally important are the provisions of adequate safeguards between business establishments and residential uses when the two are adjoining.

(B) Permitted uses. The following uses shall be permitted in the B-1 Limited Business District:

(1) Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of that merchandise:

(a) Any grocery store, meat market, supermarket, fruit market, bakery or other store selling food or beverages;

(b) Any drug store, apparel shop or store, hardware store, bookstore, stationery store, flower shop or home furnishings store; and

(2) Personal services generally involving the care of the person or his or her personal effects:

(a) Any cleaning or laundry establishment, self-service laundry including any pressing, cleaning or garment repair;

(b) Any dressmaking, millinery, tailor shop or shoe repair shop;

(d) Any photographic studio; and

(e) Any eating or drinking establishment.

(3) Administrative, business or professional offices:

(a) Any bank, savings and loan institution or credit union;

(b) Any insurance or real estate agent or broker;

(c) Any professional office, including any physician, dentist, chiropractor, engineer, architect, lawyer, financial planner, accountant or other recognized profession; and

(d) Any veterinary clinic where there are no outside runs or kennels.

(4) Entertainment and recreation establishments: any theater, dance hall, bowling alley, pool or billiard hall, or roller or ice rink, those businesses not regulated under I-2.

(5) Motor vehicle and implement sales and service:

(a) Any automobile sales or services, car wash, trailer sales or service, auto repair garage or automobile rental;

(b) Any motor vehicle fuel station;

(d) Any truck sales or service, truck wash or truck repair garage;

(e) Any boat sales or repair; and

(f) Any mobile home or travel trailer sales or repair.

(6) Repair services:

(a) Any electrical repair shops;

(b) Any watch, clock or jewelry repair;

(d) Any miscellaneous repair shop; and

(e) Any repair service carried on in conjunction with any permitted use.

(7) Business services: any duplicating, printing, addressing, blueprinting, photocopying, mailing or stenographic service;

(8) Building materials and contractors: any building materials sales or contractor’s office provided the uses shall be conducted wholly within an enclosed building;

(9) Drive-in establishments:

(a) Any drive-in establishment including banks and restaurants;

(b) Any motel; and

(10) Miscellaneous uses:

(a) Any utility facility necessary for local service;

(b) Any church;

(c) Any residence when included as an integral part of the principal building to be occupied by the owner or his or her employee;

(d) Any distributors, warehouses and wholesale outlets provided the uses shall be conducted wholly within a building. No processing or fabrication shall be permitted in conjunction with those uses; and

(e) Any municipal administration building, police or fire station, community center building, public library, museum, art gallery, post office or other municipal service building; except those customarily considered industrial in use.

(C) Conditional uses. The following uses may be allowed in the B-1 Limited Business District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:

(1) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure;

(2) Any railroad rights-of-way, but not including any railroad yard or shop; and

(3) Any radio or television transmitting or receiving apparatus.

(D) Permitted accessory uses. The following shall be permitted accessory uses in the B-1 Limited Business District: any accessory use customarily incident to the uses permitted in divisions (B) and (C) above.

(E) Height, yard, area and lot width and depth regulations. Every lot in the B-1 Limited Business District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards.

(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed 30 feet in height.

(2) Front yard regulations.

(a) There shall be a front yard having a depth of not less than 25 feet on a lot or plot that abuts a minor street or a marginal access service street.

(b) There shall be a front yard having a depth of 35 feet on a lot or plot that abuts a thoroughfare as shown on the adopted City Thoroughfares Plan.

(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project beyond the front yard line on either street.

(3) Side yard regulations.

(a) There shall be a side yard, on each side of a building, having a width of not less than ten feet.

(b) No building shall be located within 20 feet of any side lot line abutting a lot in any of the classes residence districts.

(4) Rear yard regulations.

(a) There shall be a rear yard having a depth of not less than 20 feet.

(b) No building shall be located within 25 feet of any rear lot line abutting a lot in any of the classes residence districts.

(5) Lot area, width and depth regulations. No minimum lot area width or depth shall be required, however, the lot size shall be adequate to meet the setback, yard and other requirements of this chapter.

(6) Lot coverage regulations. Not more than 50% of the lot area shall be occupied by buildings.

(F) General regulations. Additional regulations in the B-1 Limited Business District are set forth in §§ 156.55 through 156.61.

(Ord. 266, passed 5- -2008)

§ 156.39 B-2 CENTRAL BUSINESS DISTRICT.

(A) Purpose. The B-2 Central Business District comprises the downtown section of the city, which is called the Central Business District. The use of land is intensive, and this is one of the main determinants of the vitality of the Central Business District. It is the purpose of these regulations to encourage the intensity of use and to exclude activities, which have a negative effect upon the proper functioning of the Central Business District.

(B) Permitted uses. The following uses shall be permitted in the B-2 Central Business District:

(1) Retail stores primarily engaged in selling new or used merchandise for personal or household consumption and rendering services incidental to the sale of the merchandise, including:

(a) Any grocery store, meat market, supermarket, fruit market and bakery, or other store selling food or beverages;

(b) Any drug store, apparel shop or store, hardware store, bookstore, stationary store, flower shop or home furnishings store; and

(2) Personal services generally involving the care of the person or his or her personal effects:

(a) Any cleaning or laundry establishment, self-service laundry including any pressing, cleaning or garment repair;

(b) Any dressmaking, millinery, tailor shop or shoe repair shop;

(d) Any photographic studio; and

(e) Any eating or drinking establishment.

(3) Administrative, business or professional offices:

(a) Any bank, savings and loan institution or credit union;

(b) Any insurance or real estate agent or broker;

(d) Any professional office including any physician, dentist, chiropractor, engineer, architect, lawyer, financial planner, accountant or other recognized profession; and

(e) Any veterinary clinic where there are no runs or kennels.

(4) Entertainment and recreation establishment: any theater, dance hall, bowling alley or pool or billiard hall, those businesses not regulated under I-2;

(5) Repair services:

(a) Any electrical repair shops;

(b) Any watch, clock or jewelry repair;

(d) Any miscellaneous repair shops; and

(e) Any repair service carried on in conjunction with any permitted use.

(6) Business services: any duplicating, printing, addressing, blueprinting, photocopying, mailing or stenographic shops; and

(7) Miscellaneous uses:

(a) Any utility facility necessary for local service;

(b) Any multi-family dwelling structure;

(d) Any motel or hotel;

(e) Any parking facilities; need not be enclosed; and

(f) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure.

(C) Conditional uses. The following uses may be allowed in the B-2 Central Business District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:

(1) Any railroad rights-of-way, but not including any railroad yard or shop; and

(2) Any radio or television transmitting or receiving apparatus.

(D) Permitted accessory uses. The following shall be permitted accessory uses in the B-2 Central Business District: any accessory use customarily incident to the uses permitted in divisions (B) and (C) above.

(E) Height, yard, area and lot width and depth regulations. Every lot in the B-2 Central Business District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards.

(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed 45 feet in height.

(2) Front yard regulations. No front yard shall be required, except as follows: no building shall be located within 25 feet of any front lot line located across the street from any of the classes of residence districts.

(3) Side yard regulations. No side yard shall be required, except as follows: no building shall be located within ten feet of any side lot line abutting a lot in any of the classes of residence districts.

(4) Rear yard regulations. No rear yard shall be required, except as follows: no building shall be located within 25 feet of any rear lot line of any lot, not abutting on an alley, in any of the classes of residence districts.

(5) Lot area, width and depth regulations. No minimum lot area, width or depth shall be required, however, the lot size shall be adequate to meet the setback, yard and other requirements of this chapter.

(F) General regulations. Additional regulations in the B-2 Central Business District are set forth in §§ 156.55 through 156.61.

(Ord. 266, passed 5- -2008)

§ 156.40 I-1 GENERAL INDUSTRY DISTRICT.

(A) Purpose. The I-1 General Industry District is intended to provide space to meet the locational requirements of a broad range of industrial uses. These industrial uses should be encouraged to locate in areas where adequate utilities are available. Industrial uses should be designed to blend harmoniously with adjacent land uses, particularly residential uses. For this reason, industrial uses should have adequate area to provide off-street parking and loading and screening should be used to provide a visual barrier for unsightly operational characteristics.

(B) Permitted uses. The following uses shall be permitted in the I-1 General Industry District:

(1) Any use permitted in the B-I Limited Business District, except that dwellings shall not be a permitted use;

(2) Bottling establishment;

(3) Building materials sales and storage, lumber yards;

(4) Cartage and express facilities;

(5) Contractors offices, shops and yards for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, air conditioning, masonry, electrical and refrigeration;

(6) Drycleaning establishments, laundries;

(7) Electrical and electronic products manufacture;

(8) Electrical service shops;

(9) Engraving, printing and publishing;

(10) Freight terminal;

(11) Fuel and ice sales and storage;

(12) Garages for storage, repair and servicing of motor vehicles;

(13) Highway maintenance shops and yards;

(14) Jewelry manufacture;

(15) Medical, dental and optical laboratories;

(16) Monument works;

(17) Municipal administration buildings, police and fire stations, maintenance buildings, community center buildings and other municipal service buildings;

(18) Printing;

(19) Public service structures including power substations, gas regulator stations, sewage disposal plants, elevated tanks and water works;

(20) Railroad rights-of-way, railroad yards;

(21) Research, experimental or testing stations;

(22) Storage or warehouse, when completely enclosed within a building;

(23) Wholesale business and office establishments; and

(24) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure.

(C) Conditional uses. The following uses may be allowed in the I-1 General Industry District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:

(1) Any residence when included as an integral part of the principal building to be occupied by the owner or his or her employee;

(2) Any manufacturing, assembling, processing, storage, servicing, repair and testing of materials, goods or products;

(3) Extraction, processing or storage of sand, gravel, stone or other raw material;

(4) Junk yards, wrecking yards or auto salvage yard; and

(5) Any radio or television transmitting or receiving apparatus.

(D) Permitted accessory uses. The following shall be permitted accessory uses in the I-1 General Industry District: any accessory use customarily incident to the uses permitted in divisions (B) and (C) above.

(E) Height, yard, area and lot width and depth regulations. Every lot in the I-1 General Industry District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards.

(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed 45 feet in height.

(2) Front yard regulations.

(a) There shall be a front yard having a depth of not less than 25 feet on a lot or plot that abuts a minor street or a marginal access service street.

(b) There shall be a front yard having a depth of 35 feet on a lot or plot that abuts thoroughfare as shown on the adopted City Thoroughfares Plan.

(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project beyond the front yard line on either street.

(3) Side yard regulations. No side yard shall be required, except as follows: no building shall be located within 20 feet of any side lot line abutting any of the classes of residence districts.

(4) Rear yard regulations. No rear yard shall be required, except as follows: no building shall be located within 25 feet of any rear lot line abutting a lot in any of the classes of residence districts.

(6) Lot coverage regulations. Not more than 50% of the lot area shall be occupied by buildings.

(F) General regulations. Additional regulations in the I-1 General Industry District are set forth in §§ 156.55 through 156.61.

(Ord. 266, passed 5- -2008)

§ 156.41 I-2 LIMITED INDUSTRY DISTRICT.

(A) Purpose.

(1) The I-2 Limited Industry District is intended to provide space to meet the locational requirements of a broad range of industrial uses. These industrial uses should be encouraged to locate in areas where adequate utilities are available.

(2) Industrial uses should be designed to blend harmoniously with adjacent land uses, particularly residential uses. For this reason, industrial uses should have adequate area to provide off-street parking and loading and screening should be used to provide a visual barrier for unsightly operational characteristics.

(3) In addition there is a need to establish a zone in the city to allow the operation of adult use type activities and/or businesses. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area those uses, nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

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

ADULT USES. Include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas, which are capable of being seen by members of the public.

ADULT USES, ACCESSORY. A use, business or establishment having 10% or less of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from movie rentals or magazine sales.

ADULT USES, PRINCIPAL. A use, business or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from, any adult use.

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

ADULT USE, BOOKSTORE. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if the building or portion of a building is not open to the public generally but not to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

ADULT USE, CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

ADULT USE, COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT USE, CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT USE, HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT USE, HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT USE, MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT USE, MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practices excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

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

ADULT USE, MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devises are maintained to show images to five or fewer persons per machine at any on time, and where the images so displayed are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT USE, MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting materials in the building or portion of a building as a building as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT USE, NOVELTY BUSINESS. A business which has a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.

ADULT USE, SAUNA. A sauna which excludes minors by reason of age or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT USE, STEAM BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

SPECIFIED ANATOMICAL AREAS.

(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below the point immediately above the top of the areola.

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

SPECIFIED SEXUAL ACTIVITIES.

(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;

(d) Fondling, or touching of nude human genitals, pubic region, buttocks or female breast;

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

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

(g) Human erection, urination, menstruation, vaginal or anal irrigation.

(1) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this chapter be construed to allow an activity otherwise prohibited by law.

(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.

(3) An adult use which does not qualify as an accessory use pursuant to division (B) above, shall be classified as an adult use, principal.

(D) Adult use; principal.

(1) Adult use, principal shall be a permitted use in the I-2 Limited Industry District, subject to the locational criteria outlined in division (C)(2) above.

(2) Adult use, principal shall be located at least 350 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use, principal is located to the property line of:

(a) A zoning district in which residential uses are specifically listed as a permitted or conditional use;

(b) A licensed day care center;

(d) A public library;

(e) A public park;

(f) Another adult use, principal; or

(g) Any church or church related organization.

(3) No adult use, principal shall be located in the same building or upon the same property as another adult use, principal.

(4) Adult use, principal shall adhere to the following signing regulations in addition to the sign regulations of § 156.56(C)(1), (C)(2), (C)(3) and (C)(4).

(a) Sign messages shall be generic in nature and shall only identify the name of business.

(b) Signs shall comply with the requirements of size and number for the district in which they were located.

(5) Adult use, principal shall be limited to 7:00 a.m. to 12:30 p.m. for its hours of operation. A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operated to the City Council that all of the following apply:

(a) Not adversely impact or affect uses or activities within 350 feet;

(b) Will not result in increased policing and related service calls; and

(E) Adult use; accessory. Adult uses, accessory, shall be permitted in all commercial districts, provided the accessory use conforms with the provisions of this division (E).

(1) Adult use, accessory shall:

(a) Comprise no more than 10% of the floor area of the establishment in which it is located;

(b) Comprise no more than 20% of the gross receipts of the entire business operation; or

(2) Adult use, accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public.

(a) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.

(b) Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

(c) Other use. Adult uses, accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.

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

(F) Nonconforming adult use; principal or accessory. Adult uses which are in existence prior to October 7, 2002, shall be classified as legal nonconforming uses and may continue in accordance with the provisions of this chapter. If an adult use becomes nonconforming because of rezoning or the establishment of a use listed in division (E)(2) above, the adult use shall be considered legal nonconforming and may continue in accordance with the provisions of this chapter. In no instance, shall a legal nonconforming adult use be allowed to structurally expand the use on the lot on which it is located when the use became legally nonconforming, or expand the adult use to include another lot on which the adult use was not located when it became legally nonconforming. If the building in which a legal nonconforming adult use is located is destroyed by any means to an extent of greater than 50% of its market value, or if the building in which legally nonconforming adult use is vacant for more than 12 months, an adult use shall not be re-established unless it is in conformance with this section.

(G) Permitted use. The following uses shall be permitted in the I-2 Limited Industry District:

(1) Any use permitted in the B-I Limited Business District and I-1 General Industry District, except that dwellings shall not be a permitted use;

(2) Bottling establishment;

(3) Building materials sales and storage, lumber yards;

(4) Cartage and express facilities;

(5) Contractors offices, shops and yards for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, air conditioning, masonry, electrical and refrigeration;

(6) Dry cleaning establishments, laundries;

(7) Electrical and electronic products manufacture;

(8) Electrical service shops;

(9) Engraving, printing and publishing;

(10) Freight terminal;

(11) Fuel and ice sales and storage;

(12) Garages for storage, repair and servicing of motor vehicles;

(13) Highway maintenance shops and yards;

(14) Jewelry manufacture;

(15) Medical, dental and optical laboratories;

(16) Monument works;

(17) Municipal administration buildings, police and fire stations, maintenance buildings, community center buildings and other municipal service buildings;

(18) Printing;

(19) Public service structures including power substations, gas regulator stations, sewage disposal plants, elevated tanks and water works;

(20) Railroad rights-of-way, railroad yards;

(21) Research, experimental or testing stations;

(22) Storage or warehouse, when completely enclosed within a building;

(23) Wholesale business and office establishments; and

(24) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure.

(H) Conditional uses. The following uses may be allowed in the I-2 Limited Industry District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:

(1) Any residence when included as an integral part of the principal building to be occupied by the owner of his or her employee;

(2) Any manufacturing, assembling, processing, storage, servicing, repair and testing of materials, goods or products;

(3) Extraction, processing or storage of sand, gravel, stone or other raw material;

(4) Junk yards, wrecking yards or auto salvage yard; and

(5) Any radio or television transmitting or receiving apparatus.

(I) Permitted accessory uses. The following shall be permitted accessory uses in the I-2 Limited Industry District: any accessory use customarily incident to the uses permitted in divisions (D) and (E) above.

(J) Height, yard, area and lot width and depth regulations. Every lot in the I-2 Limited Industry District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards:

(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed 45 feet in height.

(2) Front yard regulations.

(a) There shall be a front yard having a depth of not less than 25 feet on a lot or plot that abuts a minor street or a marginal access service street.

(b) There shall be a front yard having a depth of 35 feet on a lot or plot that abuts thoroughfare as shown on the adopted City Thoroughfares Plan.

(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project beyond the front yard line on wither street.

(3) Side yard regulations. No side yard shall be required, except as follows: no building shall be located within 20 feet of any side lot line abutting any of the classes of residence districts.

(6) Lot coverage regulations. Not more than 50% of the lot area shall be occupied by buildings.

(K) General regulations. Additional regulations in the I-2 Limited Industry District are set forth in §§ 156.55 through 156.61.

(Ord. 266, passed 5- -2008)

§ 156.42 SPECIAL USES.

(A) Purpose. Most types of land use covered by this chapter are grouped according to compatibility and function, and each group is permitted outright in one or more various districts established in this chapter.

(1) In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community.

(2) These uses are classified in this chapter as “special uses” and fall into two general categories:

(a) Uses municipally operated or operated by publicly regulated utilities, and uses traditionally affected by public interest; and

(b) Uses entirely private in character which, because of their peculiar locational needs or the nature of the service they offer to the public, may have to be established in a district in which they cannot reasonably be allowed as a permitted use under the zoning regulations.

(B) List of special uses. The City Council shall have authority to permit, by ordinance, the following uses of land or structures in any district, except as herein qualified and subject to the conditions and procedures set forth herein:

(1) Airport or landing field;

(2) Mobile home park; and

(3) Any private club or lodge; except those the chief activity of which is a service and customarily carried on as a business.

(C) Applications for special use approval. Application to build or occupy any of the special uses listed in this section shall be filed with the city administrative offices, and shall be accompanied by plans showing the proposed development, including location of buildings and off-street parking areas.

(D) Procedure. The procedure for processing special use applications shall be the same as for an amendment to the zoning ordinance, as set forth in § 156.08, including referral of the proposed special use to the Planning Commission, consideration and action by the Commission, and hearing, notice and action by City Council.

(E) Criteria for consideration of special uses. The following criteria shall be used in considering a special use application by the Commission and Council:

(1) The special use is necessary or desirable for the public convenience at that location;

(2) The special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and

(3) The special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(F) Authority to impose conditions. The Planning Commission may recommend and the Council may provide conditions or restrictions upon the construction, location and operation of a special use, including, but not limited to, provision for off-street parking, as shall be deemed necessary to secure the specific purposes and requirements of this section, and the general objectives of this chapter.

(G) Existing special uses and changes to special uses. Special uses existing at the time of adoption of this chapter or amendments thereto shall be considered as conforming to this chapter, and may be rebuilt to the original specifications if destroyed. Any additions or enlargements of existing special uses or new special uses approved after adoption of this chapter shall be subject to the entire application and hearing procedures required for new special uses.

(H) Development plan. An approved special use shall be constructed and maintained in accordance with the plans and conditions approved by the City Council and, a special use certificate shall be issued accordingly.

(I) Delay for construction. In the event that construction of an approved special use is not started within one year after approval by the Council, the special use certificate shall expire and reapplication for approval of the special use shall be necessary.

(J) Mobile home parks. Any mobile home park may be allowed subject to the following conditions.

(1) The applicant presents plans and specifications for the proposed park in a form suitable for making the determination required herein.

(2) The proposed site contains not less than ten acres, and has no more than ten mobile home spaces per gross acre.

(3) The park and all mobile homes within comply with appropriate general ordinances and health and sanitary regulations.

(4) The park is suitable located for community facilities, including water supply, sewage disposal, schools, shopping facilities and services, and police and fire protection.

(5) The site is suitable for the purpose intended so far as soil, ground water level, drainage and topography are concerned.

(6) The location of the park will not be detrimental to the adjacent properties. Screening shall be provided where required by the Planning Commission and the City Council.

(Ord. 266, passed 5- -2008; Ord. 221, passed - -1999)

§ 156.43 URBAN SERVICE DISTRICT AND RURAL SERVICE DISTRICT.

(A) Establishment of districts. Pursuant to M.S. § 272.67, as it may be amended from time to time, the city, hereby divides the area within its corporate limits into an Urban Service District and a Rural Service District. The districts shall be constituted as separate taxing districts for the purpose of municipal property taxes, except those levied for the payment of bonds and judgments and the interest thereon.

(B) Criteria/definitions.

(1) The Urban Service District shall include all properties located within the corporate limits of the city, except for those properties which are included in a Rural Service District.

(2) The Rural Service Districts shall include only unplatted land, which need not be continuous to one another, and which, in the judgment of the City Council at the time of the adoption of the ordinance, are rural in character, and are not developed for commercial, industrial or urban residential purposes, and for these reasons, are not benefitted to the same degree as other lands located within the limits of the city and financed by general taxation.

(3) The lands described in Exhibit A (attached to the ordinance codified herein) are hereby included in the Rural Service District.

(1) The city zoning ordinance is hereby amended by changing the district map and adding to the zoning ordinance a new zoning district known as RS (Rural Service District).

(2) Regulations for RS (Rural Service Districts) include the following.

(3) In Rural Service Districts, the following regulations shall apply, unless otherwise provided herein.

(a) The property must be rural in character.

(b) The property must not be developed, or used, for commercial, industrial or residential purposes.

(d) The property must be unused and seeded, or used for agricultural purposes only. For purposes of this section, “agricultural purposes” shall include only the following uses: agricultural uses, included farm crops, and farm and agricultural buildings and structures (not residential dwellings), subject to Minnesota pollution control standards, but not including feedlots, manure spreading, livestock or other commercial or industrial operations.

(e) Farm and ag-related buildings and structures existing (but no residential dwellings) at the time a property is first included in the Rural Service District may continue to be utilized for agricultural purposes. Existing buildings and structures may be repaired or replaced, if destroyed by wind or fire, but may not be expanded. No permit shall be granted to construct any new or additional buildings or structures.

(f) The following uses may be permitted by conditional use permit:

1. Landscape nurseries or forest lands; and

2. Privately owned recreational uses, which require relatively large amounts of land.

(D) Change in use of property in Rural Service District.

(1) Whenever application is made for a permit for construction of a commercial, industrial or residential building or improvement, or whenever the improvement or building is commenced without a permit, the Council shall make and enter an order by resolution transferring the parcel, or part thereof, from the Rural Service District to the Urban Service District.

(2) Any application for platting of the property shall also permit the City Council to make and enter an order by resolution transferring the parcel from the Rural Service District to the Urban Service District.

(E) Benefit ratio. In the judgment of the City Council, the ratio which exists between the benefits resulting from tax-supported municipal service to parcels in the Rural Service District to parcels in the Urban Service District is 10%, plus any municipal property taxes levied for the payment of bonds and judgment and the interest thereon.

(F) Services provided. No city service beyond that normally provided by the townships of Blue Earth County will be provided by the city in a Rural Service District, except fire, police and planning services.

(Ord. 298, passed 3-7-2016)