(A)   Districts, generally. For the purpose of this chapter, the city is hereby divided into the following basic zoning use districts:

 

 

(Prior Code, Ch. 300 § 601.01)

   (B)   Overlay zoning use districts. At the time of adoption of this chapter or at some future date, the City Council may adopt overlay districts to promote specific orderly development or to protect some specific sensitive natural resource (see § 159.042).

(Prior Code, Ch. 300 § 601.02)

   (C)   Overlay regulations. The following overlay regulations are in addition to regulations imposed by the existing basic zoning use districts:

 

 

(Prior Code, Ch. 300 §§ 601.03, 601.04)

   (A)   The following chart sets out the minimum area, maximum height, and other dimension requirements of each zoning district.

 

(Prior Code, Ch. 300 § 602.01)

   (B)   Additions and exceptions to minimum area, height, and other requirements.

      (1)   Definition. For the purpose of this chapter, the term EXISTING LOT shall mean a lot or parcel of land which was of record as a separate lot or parcel in the office of the Washington County Recorder or Registrar of Titles, on or before the date of adoption of this chapter.

      (2)   Exemptions. Any such lot or parcel created in accordance with the City Subdivision Regulations set forth in Chapter 158 and is at least 2-1/2 acres in size, shall be exempt from the requirements of divisions (B)(3) and (4) and shall be considered buildable if the lot or parcel can comply with the remaining requirements of this section.

      (3)   Lesser area. Any such lot or parcel of land less than 2-1/2 acres which is in a residential or agricultural district may be used for single-family detached dwelling purposes, provided the area and width thereof are within 60% of the minimum requirements of this section; provided all setback requirements of this chapter can be maintained; and provided it can be demonstrated that a safe and adequate sewage treatment system can be installed to serve a permanent dwelling.

      (4)   Insufficient area or width. If in a group of 2 or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel does not meet the full width or area requirements of this chapter, the individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership.

      (5)   Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective date of this chapter for purposes of erecting a structure must be approved as required by the City Subdivision Ordinance set forth in Chapter 158.

      (6)   Lake and stream frontage lots. All lots having frontage on a lake or stream shall be subject to the provisions of any City Shoreland Management Ordinance, as well as the regulations provided by this chapter. All lots on unclassified bodies of water in the Shoreland Management Ordinance shall meet the minimum setback requirements for a general development lake.

      (7)   Lots in the floodplain. All lots in a designated floodplain shall be subject to the City Floodplain Ordinance as set forth in Chapter 154 as well as the regulations provided by this chapter.

      (8)   Reduction of required yard of lot size prohibited. No yard shall be reduced in area or dimension so as to make it less than the minimum required by this chapter, and if the existing yard is less than the minimum required, it shall not be further reduced. No required yard currently used for a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.

      (9)   Sloping or erodible building sites. On sites with slopes of greater than 25% or on easily erodible soils as defined on the community soils maps and compiled by the Washington County Soils Conservation District, no structure shall be constructed (also see § 159.148).

      (10)   Heavily wooded sites. On any lot, clear cutting shall require a conditional use permit. A certificate of compliance shall be required for all cutting on all slopes in excess of 18%. On such slopes, a revegetation plan shall also be required prior to issuance of a building permit (see §§ 159.148 and 159.156).

      (11)   Building permit; restrictions on issuance. A building permit shall not be issued for a lot which either does not meet the minimum acres of acceptable soils for onsite sewage treatment; or does not have enough acceptable soils within the lot or under legal contract to construct at least 2 complete septic/drainfield treatment systems.

      (12)   High-rise multiple dwelling structures. The density standards applicable to multiple dwellings in structures exceeding 3-1/2 stories in height shall be as follows:

 

 

These requirements shall apply regardless of the number of bedrooms per dwelling unit.

(Prior Code, Ch. 300 § 602.02)

   (C)   Permitted encroachments on required yards. The following shall be permitted encroachments into setback and height requirements, except as restricted by other sections of this chapter:

      (1)   In any yards: Posts, off-street open parking, flues, leaders, sills, pilasters, lintels, cornices, eaves (up to 3 feet), gutters, awnings, open terraces, steps, chimneys, flag poles, open fire escapes, sidewalks, fences, essential services, exposed ramps (wheelchair), uncovered porches, stoops or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than 3 feet from any lot line nor less than 1 foot from any existing or proposed driveway; yard lights and nameplate signs; trees, shrubs, plants; floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

      (2)   In side and rear yards: Fences 30% open; walls and hedges 6 feet in height or less; bays not to exceed a depth of 3 feet or containing an area of more than 30 square feet; fire escapes not to exceed a width of 3 feet.

      (3)   On a corner lot: Nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2-1/2 and 10 feet above the centerline grades of the intersecting streets within 100 feet of the intersection.

      (4)   In no event shall off-street parking, structures of any type, buildings or other improvements cover more than 50% of the residential lot areas. In no event shall the landscaped portion of the lot be less than 25% of the entire lot as a result of permitted encroachments.

      (5)   In R-1 and R-3 Residential Districts, detached garages, tool sheds, pools (above- or below- ground), gazebos, and decks (attached to the principal structure) shall be permitted to encroach up to 15 feet into the established rear yard setback for such districts. Notwithstanding the above, no such structure permitted to encroach within the rear yard setback shall have a height in excess of 15 feet.

(Prior Code, Ch. 300 § 602.03) (Am. Ord. 7458, passed 12-20-1988)

   (D)   Setbacks.

      (1)   Front setbacks. Where a vacant buildable lot is adjacent to structures existing at the time of adoption of this chapter having a substandard setback from that required by this section, the Zoning Administrator shall determine a reasonable, average, calculated front yard setback to implement the requirements of this section, and to fulfill its purpose and intent. However, in no case shall a building be required to be set back more than 180 feet from the street centerline, except where an industrial district is adjacent to a residential district. In a residential district, the front yard setback shall conform to the established setback line, unless the Zoning Administrator determines that another setback is more appropriate as provided herein.

      (2)   Side and rear setbacks. Subject to regulations contained in the Building Code and other applicable regulations, side and rear setback requirements may be waived, provided party walls are used and the adjacent buildings are constructed as an integral unit and are part of an approved shopping center, townhouse development, or other similar development. Such waiver shall only be by issuance of a conditional use permit.

      (3)   Setbacks adjacent to residential areas. Where a commercial district is adjacent to a residential district, the minimum commercial building setback from the lot line shall be 35 feet. In the case of industrial districts, such a minimum setback shall be 75 feet.

      (4)   Setbacks along arterials. Along roads and streets designated as arterials in the Comprehensive Plan, the minimum front setback for principal buildings shall be 150 feet from the nearest planned street centerline.

      (5)   Setbacks from private roads. All setback requirements of this section shall also be applicable to private roads and easement access rights-of-way.

(Prior Code, Ch. 300 § 602.04)

   (E)   Height.

      (1)   No structure shall exceed 35 feet in height, including church spires, belfries, cupolas and domes, monuments, chimneys and smokestacks, flag poles, public facilities, transmission towers of private radio broadcasting stations, television antennas, except barns, silos, and other farm structures, utility transmission services, and transmission towers of commercial broadcasting stations, except in RB District which allows 45 feet.

      (2)   Parapet walls shall not extend more than 4 feet above the height permitted of the buildings.

(Prior Code, Ch. 300 § 602.05)

   (F)   Cluster development standards. The purpose of this section is to provide a method by which parcels of land in the residential and A-1 Districts having unusual building characteristics due to subsoil conditions, elevation of water table, water area, relative location or shape of the parcel, may be more efficiently used. Cluster development may also provide a means to preserve good agricultural land, open green space, scenic views, and other desirable features of the natural environment. The owner of any tract of land in any residential and A-1 District may submit a plan on the use and development of the tract of land as a cluster development to the City Council for a conditional use permit authorizing completion of the project according to the plan. The plan for the proposed project shall conform to the requirements of the use district within which the plan is located, except as hereinafter provided:

      (1)   The entire tract of land for which a cluster development is proposed shall not be less than 3 acres in size.

      (2)   The applicant shall state precisely the unusual characteristics of the land or other reason justifying the granting of a conditional use permit for a cluster development.

      (3)   A preliminary plat shall be submitted that complies with the City Subdivision Regulations set forth in Chapter 158.

      (4)   The number of dwelling units proposed for the entire site shall not exceed the total number of permitted for the R-1 or A-1 Districts within which the land is located. In all other residential districts, including R-3 Districts with public sewer and water, the number of dwelling units shall not exceed 50% more than the total number of dwelling units permitted if the development was based on the minimum lot size requirements for single-family residential subdivision.

      (5)   The land which is to be set aside as common land shall be clearly identified and dedicated as such on the plan. Provisions shall be required for continual maintenance of any common land not dedicated as public property and accepted by the city.

(Prior Code, Ch. 300 § 602.06)

   (A)   The boundaries of the districts as established by this chapter are as shown on the map included in Appendix A to this chapter. The map is designated as the Official Zoning Map of the city and shall be maintained as provided herein by the City Zoning Administrator. The district boundary lines on the map are intended to follow street right-of-way lines, street centerlines or lot lines unless the boundary line is otherwise indicated on the map. In the case of unsubdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map. All of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. Whenever any street or other public way is vacated, any zoning district line following the centerline of the vacated street or way shall not be affected by the vacation.

(Prior Code, Ch. 300 § 603.01)

   (B)   When any permit is issued for a planned unit development or any other permit which affects any zoning district in a substantial way, the permit shall be coded and noted on the zoning district map by the Zoning Administrator so as to clearly indicate the use so permitted which may not otherwise be clearly evident from the map or text of this chapter.

(Prior Code, Ch. 300 § 603.02)

   (C)   (1)   When uses in a district are listed as both permitted and as conditional uses, and when any other conflict appears in this chapter with respect to permitted uses within a district, the more restrictive portion shall be applied.

      (2)   Where any proposed use for any district is not listed in § 159.043 but is determined by the City Council to be similar in character to a use listed in § 159.043, the City Council may require the proponent of that use to proceed under provisions of this chapter applicable to that similar use. Where any proposed use for any district is not listed in § 159.043 and is determined by the City Council not to be similar in character to any use listed therein, that proposed use shall be allowed in any district. Such a determination by the City Council shall not preclude the proponent of the use from making immediate application to the city for amendment of this chapter pursuant to § 159.026.

(Prior Code, Ch. 300 § 603.03)

   The following table represents the uses and restrictions for the city. The key is as follows:

KEY:

   P    =    Permitted

   C/IUP    =    Conditional Use Permit or Interim Use Permit and Public Hearing

   CP    =    City Permit

   A    =    Permitted Accessory Use

   N    =    Not Permitted

   *    =    N in R-1

 

   (A)   Permitted uses. As permitted and regulated under the City Floodplain Regulations set forth in Chapter 154.

(Prior Code, Ch. 300 § 605.01)

   (B)   Accessory uses. As permitted and regulated under the City Floodplain Regulations.

(Prior Code, Ch. 300 § 605.02)

   (A)   Permitted uses. Any and all uses subject to the conditions of a planned unit development permit under planned unit development regulations of this chapter, §§ 159.060 through 159.068.

(Prior Code, Ch. 300 § 606.01)

   (B)   Accessory uses. As permitted by conditions of a planned unit development conditional use permit under planned unit development regulations of this chapter, §§ 159.060 through 159.068.

(Prior Code, Ch. 300 § 606.02)

   (A)   Permitted uses. As permitted and regulated under the City St. Croix River District Regulations set forth in Chapter 155.

(Prior Code, Ch. 300 § 608.01)

   (B)   Accessory uses. As permitted and regulated under the City St. Croix River District Regulations.

(Prior Code, Ch. 300 § 608.02)

   (A)   Permitted uses. As permitted and regulated under the City Lake and Shoreland Management Regulations.

   (B)   Accessory uses. As permitted and regulated under the City Lake and Shoreland Management Regulations.

(Prior Code, Ch. 300 § 609.01)