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Luverne City Zoning Code

DISTRICTS AND

USES

§ 153.055 RESIDENTIAL USES.

   (A)   Residential uses.
      (1)   R-A: Residential/Agricultural District. This district is to accommodate existing agricultural uses until such time as this land is ready to be used in accordance with the Comprehensive Plan, and new housing developments that are intended to be restricted to low density single-family units.
      (2)   R-1: Single-Family Residential. Single-family detached dwellings are the primary land use in this district with twin homes and town homes permitted at a rate of no more than seven units per acre, and up to four units per town home. Attached housing shall be arranged horizontally.
      (3)   R-2: Multiple-Family Residential. Allowing the addition of a higher density housing to the R-1 District with eight to 16 units per acre density and up to eight units in a building and may be arranged horizontally or vertically.
      (4)   R-3: High Density Residential. Intended to accommodate multi-family densities exceeding 16 units per acre. Care shall be taken to allow for adequate traffic flow with increased densities and the impact on existing neighborhoods and streets.
         (a)   Permitted uses.
Residential Uses
R/A
R-1
R-2
R-3
Residential Uses
R/A
R-1
R-2
R-3
Agriculture limited
X
Family day care
X
X
X
X
Group day-care
X
Multi-family, limit 8 units
X
X
Multi-family, over 8 units
X
Public parks/recreation
X
X
X
Railroad R.O.W.
X
X
X
X
Single family
X
X
X
X
Town homes
X*
X
X
Twin homes
X
X
X
NOTES TO TABLE:
* Limited to 4 units per lot
 
         (b)   Accessory uses.
 
Accessory use
R-A
R-1
R-2
R-3
Garages, limited
X
X
X
X
Living unit for help
X
X
X
X
Storage buildings, limited
X
X
X
X
Swimming pools/private
X
X
X
X
 
         (c)   Conditional uses.
 
Conditional use
R-A
R-1
R-2
R-3
Bed and breakfast
X
X
X
Churches
X
X
X
Home occupation
X
X
X
X
 
      (5)   R-R Residential Reserve. This area is identified to be used for future residential development.
   (B)   Home occupations.
      (1)   General. Home occupations shall be permitted in all residential zones as a conditional use; provided, the home occupation is clearly and obviously subordinate to the main use of the dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises.
      (2)   Conditions.
         (a)   The home occupation shall not exceed 15% of the floor area of the primary structure.
         (b)   Other than those related by blood, marriage or adoption, no more than one person may be employed in the home occupation.
         (c)   Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.
         (d)   There shall be no exterior display or storage of goods on the premises.
         (e)   Home occupations involving beauty shops or barber shops shall require all Health Department and Plumbing Code approvals.
         (f)   Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time.
         (g)   Two additional parking spaces shall be provided on the premises, except only one need be provided if the home occupation does not have an employee. The parking shall comply with the parking requirements in this chapter.
   (C)   Residential; dimensional requirements, setbacks.
      (1)   Dimensional requirements.
 
Dimensional Requirements
R/A
R-1
R-2
R-3
Accessory, height
22’*
18’*
18’*
18’*
Accessory, stories
1.5
1.5
1.5
1.5
Maximum height, feet
30’
30’
45’
56’
Maximum height, stories
2.5
2.5
2.5
4
 
NOTES TO TABLE:
* For every foot or part thereof over 13’ in height the required setbacks shall be increased by 1 foot.
For this table, an accessory building is considered a storage shed or detached garage. This does not apply to structures attached to the principal building.
 
      (2)   Lot area requirements.
Lot Area Requirements
R/A
R-1
R-2
R-3
Lot Area Requirements
R/A
R-1
R-2
R-3
Allowable coverage *2
40%
40%
40%
40%
Area, over 2 units (per unit)
N/A
6,000
16,000*
16,000*
Area, single-family
22,000
7,000
7,000
7,000
Area, twin homes (per unit)
N/A
5,000
5,000
5,000
Lot depth
150’
100’
100’
100’
Minimum lot frontage
100’
70’
70’
70’
NOTES TO TABLE:
* For 3 unit dwelling plus 2,500 for additional dwellings
*2 Coverage includes hard surfaced parking areas
 
      (3)   Yard setbacks.
 
Principal Buildings
Yard Setbacks
R/A
R-1
R-2
R-3
Front arterial street
35’
35’
35’
35’
Other streets *1
25’*
25’*
25’*
25’*
Side *2
15’
5’
5’
5’*
Rear *3
50’
25’*
25’*
25’*
NOTES TO TABLE:
*1 If 75% or more of the frontage on the same side of the street between 2 intersecting streets is improved with buildings that have observed greater or lesser setbacks, then no new building or structure shall project beyond a straight line drawn between the closest front corners of the 2 nearest adjacent buildings. For corner lots, the principal building setback shall not be less than the average setback of 75% of the principal buildings that have the least amount of setback within the block; provided, the average setback does not vary more than 20% from the setback observed for the adjacent structure in the event the setback shall not be less than 80% of the adjacent principal building setback.
*2 Three or more units on the same lot the side yard requirements shall be 10% lot frontage. Note: side setback measured from property line or from any duly recorded easement line.
*3 In R-1, R-2 and R-3 the rear yard requirement is 20% of lot depth or 25’ whichever is greater.
 
   (D)   Residential; accessory structures and uses.
      (1)   Opt-out. 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.
      (2)   Attached/detached accessory structures and uses.
         (a)   1.   Private garages and storage sheds provided that all garage and storage space, attached and detached, excluding storage space which is a part of the interior of the principal main building or structure including the basement and attic thereof, shall not exceed 1,200* square feet of floor space; provided also that any accessory building more than 120 square feet must have a minimum three-foot rise over a 12-foot distance pitched roof and a minimum six-inch eave and it must rest on a permanent foundation of wood or concrete material and is erected in its entirety in accordance with the state's Building Code and finished with comparable materials as the principal structure.
            2.   *Note to division (D)(2)(a)1., above: Allows up to 5% of lot square footage, with a maximum of 1,200 square foot attached and detached accessory structures not to exceed finished, above grade square footage of principal structure.
         (b)   All detached accessory structures shall be a minimum of ten feet from the principal building and three feet from all side yards and no closer than the back building line of the principal structure from the street.
         (c)   Maximum coverage of accessory structures in the rear yard shall be 30%.
         (d)   If the vehicle door faces an alley in an accessory structure it shall be set back 24 feet from the center of the alley.
         (e)   All R zones, both frontages on a corner lot, shall comply with front yard setback.
         (f)   Private swimming pools, when completely enclosed within a chain link or similar fence, having openings so that a one-half-inch sphere cannot pass through. The bottom of the fence shall be no higher than four inches above the ground. The fence must be six feet high and located at least four feet from the edge of the pool. Fence openings or points of entry to the pool area shall be equipped with self-closing and self-latching lockable gates.
(Prior Code, § 11.09) (Ord. 280, Third Series, effective 1-12-2006; Ord. 338, Third Series, effective 3-12-2015; Ord. 348, Third Series, effective 9-1-2016; Ord. 27, Fourth Series, effective 4-28-2022)

§ 153.056 COMMERCIAL USES.

   (A)   Commercial uses.
      (1)   H-C: Highway Commercial. Located along main traffic routes to accommodate larger volumes of traffic. Intended for service type uses such as automobile sales and service, drive-up establishments including restaurants and banks, commercial retail/service uses, such as insurance and real estate sales and lodging facilities.
      (2)   C-C: Community Commercial. Local service type uses such as insurance and banks, grocery and convenience stores and other uses that merchandise for sale or service. Care shall be taken to allow for traffic and parking required for these types of uses.
      (3)   N-C: Neighborhood Commercial. This district would accommodate low volume traffic uses that would have lesser impact on adjacent residential areas. These uses would tend to be non-retail low volume service uses.
      (4)   C-R: Commercial Reserve. This area is identified to be used for future commercial development.
      (5)   B: Business Park. Business Park Areas are planned land use to a higher standard to protect both the businesses and adjoining zones. Uses intended may be medical and related offices and support services. Wholesale, light manufacturing and processing, warehouses and offices. Limited commercial which supports the business park would require a conditional use permit. All storage is intended to be completely enclosed within a building.
Allowed Uses
H-C
C-C
B
N-C
Allowed Uses
H-C
C-C
B
N-C
Auto-fueling
X
X
Auto repair, major
X
Auto repair, minor
X
X
Business/financial services-offices
X
X
X
X
Commercial, light *
X
X
CU
CU
Lodging/hotel-motel
X
X
CU
Manufacturing, light
X
Medical/health services
X
X
X
CU
Public service/administration
X
X
X
X
R & D laboratories
X
Recreation, indoor/outdoor
X
X
 
Allowed Uses
H-C
C-C
B
N-C
Residential
CU
CU
CU
CU
Restaurant
X
X
CU
Retail sales and service
X
X
CU
 
   (B)   Commercial; dimensional requirements, setbacks.
      (1)   Dimensional requirements.
 
Dimensional Requirements
1 H-C
C-C
B
N-C
Accessory, height
15’
15’
15’
15’
Accessory, stories
1
1
1
1
Maximum height, feet
40’
40’
48’
24’
Maximum height, stories
3
3
4
2
Notes to table:
1: Observance of a greater height in stories and/or feet allowable through approval of a conditional use permit
 
      (2)   Lot area requirements.
 
Lot Area Requirements
H-C
C-C
B
N-C
Allowable lot coverage
   Buildings
50%
50%
40%
60%
   Hard surfaced area (building + paving)
80%
80%
60%
80%
Minimum frontage
100’
100’
100’
70’
Minimum lot area
10,000
10,000
10,000
7,000
Minimum lot depth
100’
100’
100’
100’
 
      (3)   Yard setbacks.
 
Yard setbacks
H-C
C-C
B
N-C
Front arterial street*
60’
60’
60’
35’
Other streets*
25’
25’
25’
25’
Rear
25’
25’
35’
25’
Side
15’
15’
15’
10%
 
(Prior Code, § 11.09) (Ord. 346, Third Series, effective 5-26-2016)

§ 153.057 DOWNTOWN.

   (A)   This zone reflects the unique mixture of uses in and around the downtown. A variety of uses fit including, community-scale retail, professional services, public/civic uses, parks, offices, dining and entertainment, banking, lodging and housing.
   (B)   All new buildings or substantially remodeled buildings shall require a conditional use. It must be shown that this use is compatible with the character and scale of the downtown area.
   (C)   Dimensional, lot area and setback requirements shall be judged on an individual basis as part of the conditional use application.
(Prior Code, § 11.09)

§ 153.058 ALLOWABLE PROJECTIONS INTO YARDS.

   (A)   General. Eaves, cornices or other similar architectural features shall be permitted to project into required yard no more than 12 inches. Chimneys or other cantilevered projections shall be permitted to project no more than two feet; provided, the width of any side yard is not reduced to less than three feet.
   (B)   Front yards. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than six feet into the required front yard; provided, the porch does not extend above the first level and is no more than six feet above grade at any point.
   (C)   Rear yards. Windows shall be permitted to project into a required rear yard no more than 12 inches.
(Prior Code, § 11.09)

§ 153.059 LANDSCAPING REQUIREMENTS.

   (A)   General. Landscaping is required for all new buildings and additions over 500 square feet as defined in this section. The landscaping shall be completed within one year from the date of occupancy of the building.
   (B)   Front yards. Front yards required by this or other applicable codes shall be completely landscaped, except for those areas occupied by access driveways, walls and structures.
   (C)   Street-side side yards. All flanking street-side yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls and structures.
   (D)   Maintenance. All live landscaping required by this or other applicable codes shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded area mowed, fertilized and irrigated on a regular basis.
(Prior Code, § 11.09) (Ord. 272, Third Series, effective 3-10-2005)

§ 153.060 LIMITED INDUSTRIAL.

   (A)   I-1: Limited Industrial. The purpose of this district is to designate sufficient land for industrial development, to provide for expansion of the city’s tax base and accommodate needed employment. Only industrial developments which do not adversely affect adjacent business or residential districts are intended to be allowed. Industrial establishments should be either:
      (1)   Ones whose operations are relatively free from objectionable influences; or
      (2)   One whose objectionable features will be obviated by design or appropriate devices. In the interest of general health and welfare, residential and certain institutional uses are not intended to be permitted within this district.
   (B)   Permitted uses. The following uses shall be permitted within the I-1 Limited Industry District:
      (1)   Manufacturing. Any light manufacturing use or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling; except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. The determination shall be made by the Zoning Administrator upon review of the building permit application; and
      (2)   Warehousing, storage and wholesaling. The storage, handling, assembly and distribution of goods and materials for retail, wholesale or on-site use.
   (C)   Conditional uses. The following uses may be allowed in the I-1 Limited Industry District, subject to the provisions of §§ 153.035 through 153.041 of this chapter:
      (1)   General. Any permitted use in the I-2 District; provided that, any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas fumes, noise, vibration, radiation, refuse matter or water-carried
waste, shall be treated, controlled or eliminated through design, mechanical devices, screen planting or walls or other measures as specified by the Planning Commission; and, provided that, the use and its day to day activity will not be hazardous, noxious or offensive;
      (2)   Heavy commercial/industrial. Other heavy commercial or industrial uses as determined appropriate by the City Planning Commission; and
      (3)   Residential. Dwellings for business owners and their families and such sleeping and boarding accommodations as are customarily incidental and necessary to a permitted use. Additions to existing buildings may be authorized where the number of families or the number of lodging accommodations is not increased.
   (D)   Accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead:
      (1)   Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith;
      (2)   Specialized freight and yard equipment, private utility structures, secondary processing structures and similar specialized structures;
      (3)   Parking and loading facilities as regulated herein; and
      (4)   Signs as regulated herein.
   (E)   Special district provisions.
      (1)   Landscaping. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. It shall be the owner’s responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All adjacent vacant lots, tracts or parcels under the same ownership shall also be properly maintained.
      (2)   Storage. All raw materials, supplies, finished or semifinished products and equipment shall be stored in an orderly manner with all materials stored in neat and well organized stacks, piles or other orderly method appropriate for the material. In no event shall junk, rubbish, debris, weeds or tall grass, by-products, salvage and inoperable equipment or any other material or matter not used in the normal course of business be allowed to accumulate, or become offensive in any manner, to any measurable degree whatsoever. The Council may require all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence not less than five feet high; provided, however, that, motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored within the permitted parking lot areas.
      (3)   Screening. All principal, accessory and conditional uses, except business signs, which are situated within 50 feet of a residential district, shall be screened and buffered from such district by a separation of open space which shall have a minimum depth of 30 feet and shall include a required fence or vegetation screening of not less than 90% opacity and not less than five feet nor more than seven feet in height above the level of the residential district property at the district boundary. Walls or fences of less heights or planting screens may be permitted by the Board of Adjustment, if there is a finding that the nature of extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this chapter would interfere with provisions of adequate amounts of light and air to same properties. Loading docks in the I-1 District shall be screened so as not to be visible from any public street right-of-way within a residential district. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.
   (F)   General regulations. Additional requirements for dimensional, signs, parking and other regulations in the I-1 Limited Industry District are set forth in this subchapter.
(Prior Code, § 11.09)

§ 153.061 SPECIAL INDUSTRY DISTRICT.

   (A)   I-2: Special Industrial. The purpose of this district is to designate sufficient land for industrial development and to provide attractive land for the purpose of expanding the city’s tax base and providing needed employment. This district shall accommodate a wide variety of industrial establishments which may operate to their maximum advantage without adversely affecting other nearby similar or dissimilar uses and activities.
   (B)   Permitted uses. The following uses shall be permitted within the I-2 General Industry District:
      (1)   General. Any industrial use which is not specifically prohibited herein or any industrial use not listed as a conditional use herein may be permitted; and
      (2)   Conditional uses. The following uses may be permitted in a I-2 General Industry District, subject to the provisions of §§ 153.035 through 153.041 of this chapter:
         (a)   Wrecking and salvage yards. Junk yard, including automobile wrecking and industrial metal and waste salvage, but not including refuse or garbage disposal, if located at least 200 feet from any residential district; provided, all operations are conducted within an area enclosed with a solid wall or uniform tight board fence, including gates, at least eight feet in height and the enclosure shall be properly maintained;
         (b)   Crematory. If located not less than 200 feet from any residence district;
         (c)   Railroad sidings. If located not less than 200 feet from any residence district; and
         (d)   Other uses. The following uses may only be authorized as a conditional use by the Council if located at least 400 feet from any residence district, and if the location of such use has been recommended by the Planning Commission after receiving reports from the Chief of the Fire Department and the state’s Pollution Control Agency.
            1.   Acid manufacture;
            2.   Cement, lime, gypsum or plaster of paris manufacture;
            3.   Distillation of bones, coal or wood;
            4.   Explosive manufacture or storage;
            5.   Fat rendering;
            6.   Fertilizer manufacture;
            7.   Garbage, offal or dead animals, reduction or dumping;
            8.   Gas manufacture;
            9.   Glue or gelatin manufacture;
            10.   Petroleum refining (including bulk storage);
            11.   Smelting of tin, copper, zinc or iron ores;
            12.   Manufacture of paint products, paper pulp, pyrexylin, inks, soap, tars, vinegars, salts;
            13.   Meat packing or processing plant;
            14.   Elevators or other grain storage facilities; and
            15.   Any other uses which, in the opinion of the Commission, is of similar character to those therein before described.
   (C)   Accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses: accessory uses as listed in the I-1 District.
   (D)   Special district provisions.
      (1)   Landscaping. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with appropriate dust-free and attractive material. The landscaping shall conform with the development plan approved at the time the building permit was issued. It shall be the owner’s responsibility to see that the lot area is maintained in a well-kept condition. All vacant lots, tracts or parcels abutting and under the same ownership shall be properly maintained.
      (2)   Storage. All raw materials, supplies finished or semifinished products and equipment shall be stored in an orderly manner with all materials stored in neat and well organized stacks, piles or other orderly method appropriate for the material. In no event shall junk, rubbish, debris, weeds or tall grass, by-products, salvage and inoperable equipment or any other material or matter not used in the normal course of business be allowed to accumulate, or become offensive in any manner, to any measurable degree whatsoever. The Council may require all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building, or within the confines of a 100% opaque wall or fence not less than five feet high; provided, however, that, motor vehicles necessary to the operation of the principal use may be stored within the permitted parking lot areas.
      (3)   General regulations. Additional requirements for dimensional, signs, parking and other regulations in the I-2 General Industry District are set forth in other section of this chapter. Side yard setback requirements of 20 feet in industrial zones may be waived to a minimum of five feet (while meeting State Building Code requirements) with approval of the City Administrator and city’s Building/Zoning Official when a building is proved to require access to a rail spur for regular business operation. A RAIL SPUR is defined as a branch of railroad track extending from the main line. Additional requirements for dimensional, signs, parking and other regulations in the I-2 General Industry District are set forth in other sections of this chapter.
(Prior Code, § 11.09) (Ord. 280, Third Series, effective 1-12-2006; Ord. 298, Third Series, effective 8-21-2008)

§ 153.062 INDUSTRIAL RESERVE.

   This area is identified to be used for future industrial development.

§ 153.063 PUBLIC DISTRICT.

   (A)   P: Public. This district is intended to provide a procedure for the orderly establishment of public and institutional facilities, expansion of their operations or changes in the use of lands and facilities owned by governmental agencies.
   (B)   Permitted uses. The following uses are permitted within the P Public District:
      (1)   Cemeteries;
      (2)   Governmental buildings, community center buildings, public libraries, institutional buildings, and other municipal service buildings, except those customarily considered industrial in use; and, provided that, no buildings shall be located within 25 feet of any lot line or an abutting lot in any residence district;
      (3)   Parks and recreational areas owned or operated by governmental agencies;
      (4)   Publicly owned housing;
      (5)   Public schools; and
      (6)   Public utilities and public uses.
   (C)   Accessory uses. The following uses shall be permitted accessory uses within the P Public District:
      (1)   Accessory uses customarily incidental to the uses permitted in division (B) above; and
      (2)   Automobile parking lot or storage or parking garages.
   (D)   General regulations. Additional requirements for dimensional, signs, parking and other regulations in the P Public District are set forth in other sections of this chapter.
      (1)   Dimensional requirements.
 
Dimensional requirements
I-1
I-2
P
Accessory, height
25’
25’
25’
Accessory, stories
1
1
1
 
      (2)   Lot area requirements.
 
Lot Area Requirements
I-1
I-2
P
Maximum height, feet
30’
75’
30’
Maximum height, stories
2
N/A
2
Minimum frontage
50’
100’
50’
Minimum lot area
N/A
N/A
N/A
Minimum lot depth
N/A
N/A
N/A
 
      (3)   Yard setbacks.
 
Yard Setbacks
I-1
I-2
P
From R District line
30’
75’
30’
Front arterial street*
35’
35’
35’
Other streets*
25’
25’
25’
Rear
25’
25’
25’
Side
20’
20’
30’
NOTES TO TABLE:
* If 75% or more of frontage on the same side of the street between 2 intersecting streets is improved with buildings that have observed greater or lesser setbacks, then no new building or structure shall project beyond a straight line drawn between the closest front corners of the 2 nearest adjacent principal buildings. For corner lots, the principal building setback shall not be less than the average setback of 75% of the principal buildings that have the least amount of setback within the block; provided, the average setback does not vary more than 20% from setback observed for the adjacent principal structure in which event the setback shall not be less than 80% of the adjacent principal building setback.
 
(Prior Code, § 11.09) (Ord. 280, Third Series, effective 1-12-2006)

§ 153.064 AGRICULTURAL DISTRICT.

   AG: Agricultural. This district shall only be used for aquacultural products for sale and consumption as defined by M.S. § 273.13, subd. 23, i(2).
(Ord. 6, Fourth Series, effective 12-27-2018)