Zoneomics Logo
search icon

Moorhead City Zoning Code

CHAPTER 18

USE REGULATIONS

10-18-1: USE TABLES AND UNLISTED USES:

The following table specifies permitted, provisional and conditional land uses in the city of Moorhead:
 
P = Permitted Use
PU = Provisional Use
CU = Conditional Use Permit
Blank = Prohibited
( ) = Letters in round brackets refer to the corresponding subsection of section 10-18-2 of this chapter.
Use Category
(General)
Use Type
(Detailed)
Residential
Districts
Mixed Use &
Commercial Districts   
Industrial Districts
RLD -1
RLD -2
RLD -3
RM D
RH D
MU -1
MU -2
MU -3
MU -4
CC
LI
HI
Use Category
(General)
Use Type
(Detailed)
Residential
Districts
Mixed Use &
Commercial Districts   
Industrial Districts
RLD -1
RLD -2
RLD -3
RM D
RH D
MU -1
MU -2
MU -3
MU -4
CC
LI
HI
Adult establishments
All types
P1
P1
Agricultural related
Farm cooperatives
CU
CU
 
Farm supply store
P
P
P
P
 
Feed mixing
CU
CU
 
Fertilizer manufacturing
CU
 
Grain elevator or produce collection/distribution
CU
CU
 
Implement dealer/services
PU (P)
PU (P)
PU (P)
P
P
 
Manufacturing/process ing general
CU
CU
Animal services
Animal shelter
PU (Q)
PU (Q)
PU (Q)
P
P
 
Groomer (no kennel)
P
P
P
P
P
 
Groomer/kennel/daycare
PU (Q)
PU (Q)
PU (Q)
P
P
 
Pet store (live animals)
PU (Q)
PU (Q)
P
PU (Q)
P
 
Veterinary clinic or hospital
PU (Q)
PU (Q)
P
PU (Q)
P
Auto/transportation related
Auto/truck/recreational vehicles/boats/trailers/ motorcycles sales, rental, service and repair
CU (R)
CU (R)
CU (R)
CU (R)
CU (R)
 
Automotive service station (gasoline/repair/service facility)
CU (R)
CU (R)
CU (R)
CU (R)
CU (R)
 
Car wash and auto detailing
PU (R)
PU (R)
PU (R)
P
P
 
Impound lot
CU (Y)
CU (Y)
 
Parking lot (as a principal use)
CU (I)
CU (I)
CU (I)
CU (I)
CU (I)
PU (S)
CU
(I, S)
PU
(S & I)
PU (S)
PU (S)
P
P
 
Parking structure
CU (M)
CU (M)
P
P
P
P
 
Salvage yard
CU
 
Tire shredding/recapping or retreading
CU
CU
 
Transportation/freight/ cartage terminals
P
P
 
Truck stops/truck parking
P
P
Cannabis and hemp related
Cannabis or tobacco paraphernalia or tobacco/vape shop
P
P
P
P
P
P
P
 
Home/personal cultivation of hemp or cannabis flower
P
P
P
P
P
P
P
P
P
 
Home/personal extraction or sale of hemp or cannabis flower and products
 
State-licensed lower-potency hemp edible retailer - only and the following cannabis-related uses: delivery service, event organizer business and retailer-only
P
P
P
P
P
P
P
 
State-licensed medical cannabis retailer-only
P
P
P
P
P
P
P
 
State-licensed medical cannabis combination business
PU (FF)
PU (FF)
PU (FF)
PU (FF)
PU (FF)
P
P
 
State-licensed medical cannabis cultivator or processor
P
P
 
State-licensed lower potency hemp edible, cannabis edible or medical cannabis edible production (breweries and small-batch baking/cooking with associated packing only)
P
P
P
P
P
P
 
State-licensed lower-potency hemp concentrate manufacturing and the following cannabis-related uses: cultivator, manufacturer, testing facility, transporter and wholesaler
P
P
 
State-licensed cannabis microbusiness
PU (GG)
PU (GG)
PU (GG)
PU (GG)
PU (GG )
PU (GG )
PU (GG )
 
State-licensed cannabis mezzobusiness
PU (HH)
PU (HH)
PU (HH)
PU (HH)
PU (HH )
PU (HH )
PU (HH )
Dependent care
State-licensed assisted living facilities
PU (D)
PU (D)
PU (D)
PU (D)
PU (D)
PU (D)
PU (D)
PU (D)
PU (D)
PU (D)
PU (D)
 
State certified or licensed childcare center
PU (E)
PU (E& H)
PU (E)
PU (E)
PU (E)
 
State licensed family childcare (home based)
PU (F&H )
PU (F&H )
PU (F&H )
PU (F& H)
PU (F& H)
PU (F&H )
Dwellings
Dwelling, multi-family - apartments
P
P
P
P
P
P
 
Dwelling, multi-family - townhouse/rowhouse or triplex
P
P
P
P
P
P
P
 
Dwelling, single-family
P
P
P
P
P
 
Dwelling, two-family twin home or duplex
P
P
P
P
P
 
Dwelling, temporary family healthcare
 
Dwelling unit, accessory
 
Dwelling/home occupations
PU (H)
PU (H)
PU (H)
PU (H)
PU (H)
PU (H)
PU (H)
PU (H)
 
Dwellings, manufactured home park
CU
CU
Gas/fuel/chemicals
Gas/fuel/chemical bulk storage plants/distribution
CU
 
Gas/fuel/chemical manufacturing
CU
 
Oil filtering/mixing
CU (CC )
CU (CC )
 
Other injurious hazardous or offensive chemical use not listed
CU
Lodging/temporary overnight stay
Bed and breakfast
CU (A)
CU (A)
CU (A)
CU (A)
CU (A)
CU (A)
CU (A)
CU (A)
CU (A)
CU (A)
 
Campgrounds
 
Hotel (with or without conference center)
P
P
P
P
 
Housing shelters/ temporary housing
CU (O)
CU (O)
CU (O)
CU (O)
Manufacturing/production/assembl y/ processing
Advertising products (signs/billboards)
CU
P
P
 
Asphalt and concrete batching or ready-mix plants
CU
 
Bottling
P
P
P
P
P
 
Concrete or cement products
P
P
 
Dairy products
P
P
 
Equipment repair (non-auto)
PU (R)
PU (R)
PU (R)
P
P
 
Packing and crating
P
P
P
P
P
 
Slaughterhouse (not stockyards)
CU
 
Wholesale
P
P
P
P
P
 
Wood shops/cabinetry/ carpentry products (with limited manufacturing)
PU (X)
PU (X)
PU (X)
P
P
 
Wood shops/cabinetry/ carpentry products (with manufacturing)
P
P
Personal services
Barber/hair salon/massage/ nail salon/ spa/tattoo/body piercing
PU (C)
PU (C)
PU (C)
PU (C)
PU (C)
PU (C)
 
Mortuary/funeral services (cremation)
P
P
 
Mortuary/funeral services (no cremation)
P
P
P
P
P
P
Public/institutional
Campus organizations
CU (B)
CU (B)
CU (B)
CU (B)
CU (B)
CU (B)
CU (B)
CU (B)
CU (B)
 
Community theater/arts center/museums
P
P
P
P
P
 
Government offices or other non-public works facilities
P
P
P
P
P
 
Hospital/ambulance
P
P
P
P
P
 
Library
P
P
P
P
P
 
Parks/playgrounds/op en space
P
P
P
P
P
P
P
P
P
P
 
Public and semipublic recreation uses
P
P
P
P
P
P
P
P
P
P
 
Public regulated utility structures (non-substation)
P
P
P
P
P
P
P
P
P
P
P
P
 
Public regulated utility structures (substation)
P
P
 
Public works facilities
P
P
 
Religious institutions/ group assembly/ membership organizations
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
 
Religious institution micro-dwelling unit sacred community
CU (EE)
CU (EE)
CU (EE)
CU (EE)
CU (EE)
CU (EE)
CU (EE)
CU (EE)
CU (EE)
CU (EE)
CU (EE)
 
Schools, primary, secondary, collegiate (public or private)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
CU (L)
 
Transit center
P
P
P
P
P
P
Recreation/entertainment
Amphitheater/amuse ment park/putt putt golf/ax throwing/ batting cages/ driving ranges/ cornhole/ pickleball/ paintball /skate park
PU (T)
PU (T)
PU (T)
PU (T)
PU (T)
 
Bars, taverns, nightclub, brewery, distillery with or without live music/DJ or patio
PU (U)
PU (U)
PU (U)
PU (U)
 
Bar/restaurant or cocktail/wine bar with live music/DJ or patio
PU (U)
PU (U)
PU (U)
PU (U)
 
Bar/restaurant or cocktail/wine bar without live music/DJ or patio
P
P
P
P
P
 
Bowling or movie theater
P
P
P
P
 
Cafes/coffee houses (without live performance)
P
P
P
P
P
 
Cafes/coffee houses (with live performance)
PU (U)
PU (U)
PU (U)
PU (U)
 
Community center/recreation center/physical fitness center
P
P
P
P
P
P
 
Radio and television offices/stations
PU (Z)
PU (Z)
PU (Z)
PU (Z)
P
P<
 
Recording studios for audio, video, film
PU (Z)
PU (Z)
PU (Z)
PU (Z)
P
P
 
Restaurants (no drive-through)
P
P
P
P
P
P
 
Restaurants (with drive-through)
P
P
P
P
P
 
Shooting range (indoor)
PU (T)
PU (T)
PU (T)
 
Shooting range (outdoor)
Retail and office
Banks (with drive-through)
P
P
P
P
P
 
Banks (without drive-through)
P
P
P
P
P
P
 
Baking, candy and other food products (on site production and retail)
P
P
P
P
P
P
 
Catering
P
P
P
P
P
P
 
Contractor offices/sales rooms/supplies (no outdoor display or storage)
PU (V)
PU (V)
PU (V)
PU (V)
P
P<
 
Contractor offices/sales rooms/supplies (with outdoor display and/or storage)
PU (V)
P
P
 
Contractor offices/sales/ rooms/supplies (with outdoor display only)
PU
PU
PU
P
P
 
Contractor yard
P
P
 
Convenience grocery stores (with gas)
PU (R)
P
P
P
P
 
Grocery/convenience store (no gas)
P
P
P
P
P
P
 
Home improvement/ hardware retailers with outdoor sales display/ lumberyards
PU (W)
PU (W)
PU (W)
PU (W)
PU (W)
 
Home improvement/ hardware retailers without outdoor sales display/ lumberyards
P
P
P
P
P
P
P
 
Laundromat
P
P
P
P
P
 
Liquor store
P
P
P
P
P
 
Lumberyards
PU (W)
PU (W)
PU (W)
PU (W)
 
Meat market including processing
P
P
P
P
 
Meat market not including processing
P
P
P
P
P
P
P
 
Medical/dental offices/clinics
P
P
P
P
P
P
 
Nursery/lawn and garden
P
P
P
P
P
P
 
Offices, professional
P
P
P
P
P
P
 
Retail (with drive-through)
P
P
P
P
P
 
Textiles, spinning, weaving, dyeing, printing, knit goods, yarn, thread and cordage duty with retail component
P
P
P
P
P
P
 
Textiles, spinning, weaving, dyeing, printing, knit goods, yarn, thread and cordage duty without retail component
P
P
 
Thrift store/consignment
P
P
P
P
P
P
Warehousing/storage
Self-storage and/or outdoor storage facilities
CU (BB)
CU (BB)
P
P
 
Self-storage facilities without outdoor storage
CU (BB)
CU (BB)
CU (BB)
P
P
 
Cold-storage, warehouse and distribution centers for nonexplosive material
P
P
Notes:
   1.   Adult establishments are prohibited in that portion of the district that is within the Gateway Overlay District.
   2.   Pursuant to the authority granted by Minn. Stat. § 462.3593, subdivision 9, the city opts out of the requirements of Minn. Stat. § 462.3593.
 
    C.   Unlisted Uses:
      1.   Procedure For Approving Unlisted Uses: Where a particular use category or use type is not specifically allowed under this title, the use category or type may be permitted by the zoning administrator or designee upon a finding that the criteria below are met. The zoning administrator or designee shall give due consideration to the vision elements of the comprehensive plan purpose and intent of this title concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.
      2.   Criteria For Approving Unlisted Uses: The zoning administrator or designee may allow an unlisted use (permitted, provisional, conditional, or accessory) in the zoning district if he/she finds that the proposed use has an impact that is similar in nature, function, and duration to the other uses allowed in a specific zoning district. In making such finding, the zoning administrator or designee shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:
         a.   The volume and type of sales, retail, wholesale; size and type of items sold and nature of inventory on the premises;
         b.   Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing;
         c.   The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work in process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders hazardous or not);
         d.   The type, size, and nature of buildings and structures;
         e.   The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;
         f.   Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other uses on the site;
         g.   Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses;
         h.   The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation and fumes;
         i.   Any special public utility requirements for serving the proposed use, including, but not limited to, water supply, wastewater, pretreatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and
         j.   The impact on adjacent properties created by the proposed use will not be greater than that of other uses allowed in the district.
      3.   Effects Of Finding By Zoning Administrator Or Designee:
         a.   Typical Uses Added To Title:
            (1)   The city shall initiate periodic amendments to this title if the zoning administrator or designee finds that the particular use or class of use(s) is likely to be common or to recur frequently, or that omission of specific inclusion and reference to this title is likely to lead to public uncertainty and confusion.
            (2)   Until final action has been taken on such proposed amendment, the determination of the zoning administrator or designee shall be binding on all officers and departments of the city.
         b.   Atypical Uses; Determination Binding: In making a determination whether to approve an unlisted use, the zoning administrator's or designee's determination shall thereafter be binding on all officers and departments of the city, without further action or amendment of this title, if the zoning administrator or designee finds the particular use or class of use(s) is of an unusual or transitory nature, or is unlikely to recur frequently.
         c.   Appeals: Appeals of decisions to approve or deny unlisted uses shall be appealed to the planning commission or zoning board of appeals. (Ord. 2004-40, 1-3-2005; amd. Ord. 2012-2, 2-27-2012; Ord. 2013-09, 6-24-2013; 2014-01, 1-27-2014; Ord. 2014-15, 8-25-2014; Ord. 2016-11, 6-27-2016; Ord. 2016-17, 10-11-2016; 2016-21, 12-12-2016; Ord. 2017-17, 11-27-2017; Ord. 2018-06, 3-26-2018; Ord. 2019-05, 5-28-2019; Ord. 2022-21, 11-14-2022; Ord. 2023-09, 11-27-2023; Ord. 2024-01, 3-25-2024; Ord. 2024-02, 2-26-2024; Ord. 2024-033, 7-22-2024; Ord. 2025-02, 3-24-2025; Ord. 2025-06, 5-27-2025)

10-18-2: PROVISIONAL AND CONDITIONAL USE REQUIREMENTS:

The following are approval criteria established for provisional and conditional uses identified within a particular district in the use table and also applicable in guiding conditional use permit applications as defined in chapter 4 of this title.
All uses shall comply with building, fire safety and health codes and zoning and business licensing requirements. All applicable state and local regulations shall strictly be adhered to and all required operating permits and licenses shall be secured.
These criteria, and any additional conditions required by the city council, shall be met in order to be approved within their respective district.
   A.   Bed and breakfast:
      1.   The facility shall have a license for lodging and food and comply with building and fire codes.
      2.   The facility shall be owner occupied.
      3.   The principal structure shall have a minimum size of one thousand five hundred (1,500) gross square feet and shall be located on a lot which meets the minimum lot size of the district in which it is located.
      4.   All bed and breakfast units shall be established within the principal structure.
      5.   Not more than the equivalent of one full time person who is not a resident of the structure shall be employed by the bed and breakfast facility.
      6.   Dining and other facilities shall not be open to the public but shall be used exclusively by the registered guests and residents.
      7.   No liquor may be sold on the premises.
      8.   Two (2) off street parking spaces shall be provided for the home plus one space for each bed and breakfast unit. Parking areas shall be screened and landscaped pursuant to section 10-19-17 of this title. Shared parking may be utilized in the mixed use districts.
      9.   Adequate lighting shall be provided between the principal structure and the parking area for safety purposes. Any additional external lighting is prohibited.
      10.   All uses shall comply with state and city laws governing bed and breakfast establishments.
      11.   Stays shall be limited to four (4) consecutive weeks.
   B.   Campus organizations:
      1.   Location: In the RLD-3 and RMD-1 districts, campus organizations shall be allowed only on properties that are directly across a public street from the campus of Minnesota State University - Moorhead.
      2.   Approval: Approval of the building official is required to ensure that the fire protection, ventilation, plumbing and electrical systems, the structure and square footage of the interior spaces are adequate for the proposed number of residents.
      3.   Landscaping: Appropriate landscaping shall be installed and maintained, according to a plan approved by the zoning administrator, to buffer the parking lot and outdoor activity areas of campus organizations from adjoining residential uses.
      4.   Usable Open Space: “Usable open space” (as defined in section 10-2-2 of this title) must be equal to a minimum of twenty percent (20%) of the gross lot area.
      5.   Occupancy Limit: The maximum number of unrelated adults living in a campus organization at any time shall be determined by the most restrictive of the following:
         a.   The number of dwelling units allowed on the lot based on square footage per dwelling unit required by the zoning district, times four (4);
         b.   The number of persons allowed by the Minnesota state building code and title 9 of this code.
      6.   Maintaining Property: The property shall be maintained according to site and building plans approved by the zoning administrator. Any changes to either plan also must be approved by the zoning administrator. Mechanical equipment, refuse and recycling collection, loading and unloading shall be screened from public rights of way and adjacent residential development.
      7.   Ingress/Egress: Building ingress/egress shall be adequately lit with lighting that faces down and inward toward the building to limit light pollution.
      8.   Setback: Setback and site development regulations for multi-family residential uses shall apply to new construction of campus organization facilities located within residential districts, except for special conditions as stated in this section or in the conditional use permit.
      9.   Parking: A parking plan shall be submitted as part of the application for conditional use permit that either: a) meets the parking requirement in section 10-20-9 of this title; or b) addresses the parking needs of residents and guests in a manner deemed satisfactory by the planning commission. The parking plan shall not rely on street spaces to accommodate vehicles of the residents. Any change to an approved parking plan requires approval by the zoning administrator and, if deemed necessary, an amendment to the conditional use permit.
      10.   Registration: Campus organizations must be registered with and inspected by the city’s rental registration program (title 9, chapter 7 of this code) whether the property is owner occupied or rented and must comply with its rules. Violation of the rules of section 9-7-12, “Conduct On Registered Premises”, of this code that would cause revocation of a rental registration permit also shall cause the conditional use permit to be revoked automatically.
   C.   Barber/hair salon/massage/nail salon/spa/tattoo/body piercing:
      1.   All uses shall comply with building, fire safety and health codes and zoning and business licensing requirements. All applicable state and local laws regulations shall strictly be adhered to and all required operating permits and licenses shall be secured.
   D.   State licensed assisted living and service-based facilities adhering to all regulations of MN Statutes and Rules:
      1.   Requirements: All uses shall comply with building, fire safety and health codes, zoning and licensing requirements. All applicable state and city local laws regulations governing such use are strictly adhered to and all required operating permits are secured.
      2.   Single-Family Zoning:
         a.   Residential programs with a licensed capacity of six (6) or fewer persons shall be considered a permitted single-family residential use of property.
         (1)   Exception: Residential programs whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.
         b.   Adult foster care and community residential setting license capacity with a maximum licensed capacity of four beds, including nonstaff roomers and boarders, shall be considered permitted.
         (1)   Exception: May have a maximum licensed capacity of five beds if all persons in care are age 55 or over.
         c.   Adult foster care: family adult day services for adults age 18 or over shall also be considered permitted.
      3.   Multi-Family Zoning: Residential programs with a licensed capacity of seven (7) to sixteen (16) persons shall be considered a permitted multi-family residential use of property for the purposes of zoning and other land use regulations.
   E.   State licensed or certified childcare centers adhering to all regulations of MN Statutes and Rules:
      1.   Requirements: All uses shall comply with building, fire safety and health codes, zoning and licensing requirements. All applicable state and local regulations governing such use are strictly adhered to and all required operating permits are secured.
   F.   State licensed family childcare adhering to all regulations of MN Statutes and Rules:
      1.   Requirements: All uses shall comply with building, fire safety and health codes, zoning and licensing requirements. All applicable state and local regulations governing such use are strictly adhered to and all required operating permits are secured.
   G.   Reserved.
   H.   Home occupations:
      1.   Use: Any home occupation shall be clearly incidental and secondary to the residential use of the premises.
         a.   No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state regulations including, but not limited to, building code, health, fire and police requirements.
         b.   The home occupation should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
         c.   All permitted home occupations must be conducted entirely within a building.
      2.   May not create nuisance: No home occupation shall produce light glare, noise, fumes, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
      3.   May not create electrical, visual or audible disturbances: No equipment shall be used in the home occupation which will create electrical, visual or audible interferences to surrounding properties.
      4.   Exterior Storage: There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles use for the home occupation may be parked on the site.
      5.   Signage: One (1) exterior or interior sign (visible from exterior) that is a maximum of 4 square feet is permitted.
      6.   Hours of operation: No home occupation shall be conducted between the hours of ten o’clock (10:00) P.M. and eight o’clock (8:00) A.M.
      7.   Parking: Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway.
      8.   Employees: Not more than one person other than those who customarily reside on the premises shall be employed.
      9.   Prohibited Uses: The home occupation shall not involve any of the following: woodworking, manufacturing, small engine or auto repair or hemp and/or cannabis-related businesses.
      10.   Limited Uses: Garage sales, yard sales and/or onetime seasonal sales shall be conducted no more than four (4) days total in any one hundred eighty (180) day period.
      11.   The home occupation shall meet all local, state and federal regulations.
   I.   Parking facilities in residential districts:
      1.   The lot must be surfaced with asphalt or concrete and may be used only for the parking of passenger automobiles of employees, customers, or guests of the person or firm controlling and operating the lot. It shall be the responsibility of the owner to maintain the parking space, driveways, striping, and required screening of the off street parking facility.
      2.   The lot shall not be used for outdoor storage, sales, repair work, or servicing of any kind.
      3.   Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City Engineer.
      4.   No advertising sign or material is to be located on the lot. Any additional signing and informational or visual communication devices shall be in compliance with chapter 22 of this title.
      5.   Setback for parking lots:
         a.   Not less than twenty five feet (25') from the street property line when directly across the street from a residential use. This may be reduced to twelve feet (12') when a greenbelt planting strip is provided consisting of evergreen trees and/or deciduous trees and plants of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a height of four feet (4'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of plantings shall require the approval of the Zoning Administrator.
         b.   Not less than twelve feet (12') when abutting the side or rear yard of a residential use. This may be reduced to three feet (3') when a greenbelt planting strip, as described in subsection I5a of this section, is provided to a height of six feet (6') or a screening fence is provided. The fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six feet (6') in height. The design and materials used in construction of the fence shall be subject to the approval of the Zoning Administrator.
         c.   Not less than four feet (4') from the street property line when directly across the street from any nonresidential use. The four foot (4') strip must be landscaped.
         d.   Landscaping and buffer yards shall be consistent with chapter 19 of this title.
      6.   The entire area shall have a drainage system that is subject to the approval of the City Engineer.
      7.   All lighting shall be hooded and so directed so as not to be in violation of the provisions of section 10-19-19 of this title.
      8.   Variations to the above noted criteria may be considered if it is determined to be beneficial to the overall design and neighboring area.
   J.   Reserved.
   K.   Reserved.
   L.   Religious institutions, group assembly, membership organizations, schools and/or educational facilities:
      1.   Location Criteria:
         a.   Uses such as religious institutions and middle or high school facilities that demand a significant volume of traffic and parking shall be located on the edge of residential neighborhoods with direct access to arterial and collector streets.
         b.   Uses such as elementary schools may be located more internal to the neighborhood with access to collector or arterial streets acceptable via a residential collector street.
      2.   Trails And Sidewalks: Sites shall be connected to adjacent neighborhoods via trails and sidewalks.
      3.   Light And Noise Pollution: Where surface parking lots abut adjacent residential development, significant landscaping shall be used to buffer light and noise pollution, consistent with the provisions of chapter 19 of this title.
      4.   Mechanical Equipment: Mechanical equipment, refuse and recycling collection, loading and unloading shall be screened from public rights of way and adjacent residential development.
      5.   Building Ingress/Egress: Building ingress/egress shall be adequately lit with lighting that faces down and inward toward the building to limit light pollution.
      6.   Cemeteries shall be adequately screened from adjacent uses and public right-of-way by utilizing a combination of screening and buffering methods to provide an effective visual screen, where needed, as determined by the Zoning Administrator.
   M.   Parking facilities in mixed use districts:
      1.   Parking structures shall incorporate the following along all street level frontages of the structure, or a combination thereof:
         a.   Fifty percent (50%) street level active uses such as retail, office or other commercial uses.
         b.   One hundred percent (100%) decorative window treatments or other architectural enhancement to soften the appearance of a parking structure.
   N.   Reserved.
   O.   Housing shelters/temporary housing:
      1.   All uses shall comply with building, fire safety and health codes, zoning and licensing requirements. All applicable state and local regulations governing such use are strictly adhered to and all required operating permits are secured.
      2.   Uses shall meet the landscaping and buffering requirements for commercial uses under section 10-19-17 of this title.
      3.   Parking shall be provided according to chapter 20 of this title.
   P.   Agricultural related commercial uses:
      1.   Building footprints shall amount to a minimum of one thousand (1,000) square feet or five percent (5%) of the site, whichever is greater, and the buildings shall be oriented to front on adjacent arterial or collector streets. Where parcels have double frontage such as along an interstate corridor, the building shall have a similar architectural character on both frontages.
   Q.   Animal sales and services:
      1.   When permitted in mixed use, commercial and industrial districts, all animal related uses and services (including kennels, runs, yards or storage) shall be conducted within an enclosed soundproof structure or building designed to minimize noise pollution. Any outside area used for pens and exercise yards shall be located at least six hundred feet (600') from residential uses and shall be screened from view.
   R.   Sales, rental or repair of auto related uses including, but not limited to, trucks, automobiles, recreational vehicles, trailers, motorcycles and boats, and nonauto equipment repair:
      1.   All uses shall comply with building, fire safety and health codes, zoning, local and state licensing.
      2.   Buildings: Buildings shall occupy a minimum of one thousand (1,000) square feet or five percent (5%) of the site, whichever is greater, and shall be oriented toward arterial or collector streets.
      3.   Buffering And Landscaping: Shall be provided when adjacent to residential uses consistent with chapter 19 of this title.
      4.   Access: Auto related uses shall have access to streets without passing by property zoned for residential or mixed use.
      5.   Auto Related Uses Not Owned By Dealer shall not be stored on the site. Auto related uses shall not be displayed “for sale” or sold where permitted unless as part of an approved licensed sales dealership in accordance with the city’s business and licensing regulations.
      6.   Convenience grocery store with gas or service stations with gas and/or auto repair shall be a minimum distance of one hundred feet (100') from any residential use.
      7.   Equipment, parts and other outdoor storage must be completely enclosed in a permanent structure with no outside storage.
      8.   Display Standards for sales and rentals: The display must meet the following conditions:
         a.   Must be displayed on a concrete or asphalt surface.
         b.   Must provide an on premises permanent structure as a sales office, clearly displaying the name of the license holder, phone number, and hours of operation that meets 10-18-2.R.1.
         c.   Must occur on private property and may not encroach into the public right of way.
         d.   Display items for sale must be licensed and operable.
   S.   Surface parking lots (as principal use):
      1.   Surface parking lots may be used as a principal use of a parcel as long as its use is necessary to provide parking for an adjacent use that otherwise would be unable to accommodate adequate parking needs. Such lots should be shared between the private and public parking needs and shall not be used as a private business enterprise in the mixed use or commercial districts.
      2.   The lot must be surfaced with asphalt or concrete. It shall be the responsibility of the owner to maintain the parking space, driveways, striping, and required screening of the off street parking facility.
      3.   The lot shall not be used for outdoor storage, sales, repair work, or servicing of any kind.
      4.   Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the city engineer.
      5.   Setback for parking lots:
         a.   Not less than twenty five feet (25') from the street property line when directly across the street from a residential use. This may be reduced to twelve feet (12') when a greenbelt planting strip is provided consisting of evergreen trees and/or deciduous trees and plants of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a height of four feet (4'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of plantings shall require the approval of the city.
         b.   Not less than twelve feet (12') when abutting the side or rear yard of a residential use. This may be reduced to three feet (3') when a greenbelt planting strip, as described in subsection S5a of this section, is provided to a height of six feet (6') or a screening fence is provided. The fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six feet (6') in height. The design and materials used in construction of the fence shall be subject to the approval of the city.
         c.   Not less than four feet (4') from the street property line when directly across the street from any nonresidential use. The four foot (4') strip must be landscaped.
         d.   Landscaping and buffer yards shall be consistent with chapter 19 of this title.
      6.   The entire area shall have a drainage system that is subject to the approval of the city engineer.
      7.   All lighting shall be hooded and so directed so as not to be in violation of the provisions of section 10-19-19 of this title.
   T.   Amusement park, drive-in theater, amphitheater, shooting range:
      1.   All laws pertaining to noise impacts shall be adhered to.
      2.   Indoor shooting ranges shall be within a soundproofed building and shall have hours limited to normal daytime business hours.
   U.   Bar, tavern, nightclub, brewery, distillery with or without live music/DJ or patio. Also, bar/restaurant or cocktail/wine bar with live music/DJ or patio:
      1.   Any uses located within four hundred feet (400') of a residential district use shall be completely enclosed whenever amplified sound is used. “Completely enclosed” means that windows and doors are not open and where deemed necessary by the zoning administrator, the entrance to the establishment shall include a double set of doors separated by an entryway to prevent sound from escaping to the outside as patrons enter.
         a.   Exceptions: amplified sound may be allowed temporarily by special city permit and/or in section 4-4-2 , “Noise Control Regulations,” of city code.
      2.   Said uses shall locate and operate in conformance with the city’s business and license regulations and noise control regulations.
   V.   Contractor offices/sales rooms/supplies with or without outdoor display or storage:
      1.   All equipment and materials shall be enclosed in a permanent structure or completely screened from adjoining properties and public right of way. This does not include “displayed” items for sale.
      2.   The entire site, other than that occupied by buildings and planting areas, shall provide systems to control material storage on site, where permitted, and hard surfaces with a material to control dust and drainage, subject to approval of the city engineer.
      3.   Fabrication or similar work is not conducted at the site.
      4.   Required parking and landscaping areas may not be used for storage or display items.
   W.   Lumberyards:
      1.   All lumber materials shall be stored in an enclosed structure or in an area that is screened from adjoining property and public right of way.
   X.   Woodshops/cabinetry/carpentry products (with limited manufacturing):
      1.   All materials shall be stored in an enclosed structure or in an area that is screened from adjoining property and public right of way.
   Y.   Car Impound Lot or Salvage Yard:
      1.   The entire site other than that occupied by the building and planting areas shall be surfaced with a material to control dust and drainage, subject to the approval of the city engineer.
      2.   Impounded or salvage vehicles for the purpose of this title shall be considered “outdoor storage” and shall comply to all applicable site development standards in chapter 19 of this title, as determined by zoning administrator.
      3.   Impound lots or salvage yards shall be set back a minimum of two hundred feet (200') from a residential use.
      4.   Impound lots shall not operate as automobile salvage yards, as defined in section 10-2-2 of this title.
      5.   The number of impounded or salvage vehicles stored on a parcel may be limited based on parcel size, as determined by the zoning administrator.
   Z.   Recording studios for audio, video and film:
      1.   All recording activity involving amplified sound shall be within a completely enclosed building with soundproofing of the building or area within the building used for such activities and sound shall not be audible outside the building or outside the area of the business premises.
   AA.   Textiles, spinning, weaving, dyeing, printing, knit goods, yarn, thread and cordage duty production:
      1.   Uses shall be in conjunction with a retail business serving the end consumer.
   BB.   Self-storage facilities:
      1.   Storage shall be screened from street frontages by other principal uses or building(s) and from adjacent properties by a combination of solid fencing and landscaping.
      2.   Storage shall be located so that truck traffic is not routed through a residential district.
      3.   Screening and buffering standards in section 10-19-18 of this title shall apply.
      4.   Lighting shall comply with the provisions of section 10-19-19 of this title.
   CC.   Oil filtering/mixing in the LI and HI districts:
      1.   Oil filtering/mixing and storage of hazardous materials shall be no closer than five hundred feet (500') from a residential use.
      2.   The business shall not cause an annoyance or nuisance to neighbors by reason of unsightliness or excessive emission of odors, fumes, smoke, vibration, dirt, dust, glare, wastes or noise.
      3.   Input materials shall be limited to used and new oils, gasoline, kerosene and catalyst only. No other materials shall be processed or stored on the site. Used restaurant oils shall be prefiltered, sanitized and deodorized prior to arriving at the filtering/mixing plant.
      4.   The industry shall include no combustion, drying or heating processes.
      5.   The filtering and mixing processes shall be closed, except during maintenance. All processing shall be conducted within a building.
      6.   All storage shall be containerized. Dikes and/or equal containment structures shall be sized to accommodate potential leaks. No on site storage of finished product is allowed.
      7.   The owner shall obtain and keep current all required permits, including, but not limited to, fire, building and MPCA permits.
   DD. Reserved.
   EE.   Micro-Dwelling Unit Sacred Community: As stated in Minnesota Statutes 327.30 added by Chapter 53, Article 11, Section 57, approved on May 24, 2023, a Micro-Dwelling Unit Sacred Community shall be considered a conditional use of property for the purposes of zoning and other land use regulations and must meet all regulations contained within 327.30.
   FF.   State Licensed Medical Cannabis Combination Businesses:
      1.   All uses shall comply with building, fire safety and health codes, zoning, local registration and state licensing.
      2.   The following uses licensed for a Medical Cannabis Combination Business are permitted in LI: Light Industrial and HI: Heavy Industrial zoning districts:
         a.   Grow cannabis plants from seed or immature plant to mature plant and harvest adult-use cannabis flower and medical cannabis flower from a mature plant;
         b.   Make cannabis concentrate;
         c.   Make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
         d.   Manufacture adult-use cannabis products and hemp-derived consumer products for public consumption;
         e.   Package and label medical cannabis and medical cannabinoid products for sale;
         f.   Package and label adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers.
      3.   The following uses licensed for a Medical Cannabis Combination Business are permitted in CC: Community Commercial, MU-1: Downtown Center Mixed Use, MU-3: Commercial Mixed Use and MU-4: Gateway Mixed Use zoning districts:
         a.   Make artificially derived cannabinoids (small-batch baking/cooking with associated packaging only);
         b.   Make medical cannabinoid products (small-batch baking/cooking with associated packaging only);
         c.   Make lower-potency hemp edibles (small-batch baking/cooking with associated packaging only);
         d.   Make adult-use cannabis edibles (small-batch baking/cooking with associated packaging only.
      4.   The following uses licensed for a Medical Cannabis Combination Business are permitted in CC: Community Commercial, MU-1: Downtown Center Mixed Use, MU-2: Neighborhood Mixed Use, MU-3: Commercial Mixed Use and MU-4: Gateway Mixed Use zoning districts:
         a.   Sell medical cannabis flower and medical cannabinoid products;
         b.   Sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law.
GG. State Licensed Cannabis Microbusiness:
      1.   All uses shall comply with building, fire safety and health codes and zoning, local registration and state licensing.
      2.   The following uses are permitted in LI: Light Industrial and HI: Heavy Industrial zoning districts:
         a.   Grow, make, sell, and buy: cannabis (including immature plants and seedlings), cannabis and lower-potency hemp edibles, and hemp-derived consumer products.
         b.   May have an indoor on-site space where customers consume cannabis or lower-potency hemp edibles.
         c.   Exterior cultivation is not permitted in the GO: Gateway Overlay District.
      3.   The following uses are permitted in CC: Community Commercial, MU-1: Downtown Center Mixed Use, MU-3: Commercial Mixed Use and MU-4: Gateway Mixed Use zoning districts:
         a.   Sell: cannabis (including immature plants and seedlings), cannabis and lower-potency hemp, and hemp-derived consumer products.
         b.   May have an indoor on-site space where customers consume cannabis or lower-potency hemp edibles.
         c.   Exterior cultivation is not permitted in the GO: Gateway Overlay District.
         d.   Cultivation and Production: consideration may be made if located in a single tenant, stand-alone building where cannabis or hemp business is the only tenant and building is not abutting or adjacent to a residential use.
      4.   The following uses are permitted in MU-2: Neighborhood Mixed Use zoning district:
         a.   Sell: cannabis (including immature plants and seeds), cannabis and lower-potency hemp edibles, and hemp-derived consumer products.
HH. State Licensed Cannabis Mezzobusiness:
      1.   All uses shall comply with building, fire safety and health codes and zoning, local registration and state licensing.
      2.   The following uses are permitted in LI: Light Industrial and HI: Heavy Industrial zoning districts:
         a.   Grow, make, sell, and buy: cannabis (including immature plants and seedlings), cannabis and lower-potency hemp edibles, and hemp-derived consumer products.
      3.   The following uses are permitted in CC: Community Commercial, MU-1: Downtown Center Mixed Use, MU-2: Neighborhood Mixed Use, MU-3: Commercial Mixed Use and MU-4: Gateway Mixed Use zoning districts:
         a.   Sell: cannabis (including immature plants and seedlings), cannabis and lower-potency hemp, and hemp-derived consumer products.
      4.   Exterior cultivation is not permitted in the GO: Gateway Overlay District. (Ord. 2012-2, 2-27-2012; amd. Ord. 2014-01, 1-27-2014; 2016-21, 12-12-2016; Ord. 2018-06, 3-26-2018; Ord. 2019-05, 5-28-2019; Ord. 2022-21, 11-14-2022; Ord. 2023-09, 11-27-2023; Ord. 2024-01, 3-25-2024; Ord. 2024-02, 2-26-2024; Ord. 2024-03, 7-22-2024; Ord. 2025-02, 3-24-2025; Ord. 2025-06, 5-27-2025; Ord. 2025-09, 10-14-2025)

10-18-3: ACCESSORY BUILDINGS, STRUCTURES, EQUIPMENT AND USES:

   A.   Residential:
      1.   Single-Family On Individual Lots In RLD-1:
Accessory Buildings, Structures, Equipment and Uses
RLD-1
Parcels 1 acre or less
Parcels greater than 1 acre up to 5 acres
Parcels 5 acres or more
Accessory Buildings, Structures, Equipment and Uses
RLD-1
Parcels 1 acre or less
Parcels greater than 1 acre up to 5 acres
Parcels 5 acres or more
Floor Area Limit
Up to principal dwelling footprint
Floor Area Exceptions
Additional 680 sf total floor area
Additional 1,500 sf total floor area
Additional 1,500 sf total floor area - additional area may be requested by CUP
Number Permitted3
3
3
4 - additional structures may be requested by CUP
Maximum Height
Limited to:
   1.   Sidewalls no higher than height of principal structure sidewalls or 12 ft (measured from grade to base of roof truss), whichever is greater, or
   2.   Height of principal structure average roof ridge (measured from grade to each roof ridge and then average)
Exception: Parcels 5 acres or more - additional height may be requested by CUP.
Architectural Detailing & Fenestration Required. Design & Orientation reviewed and approved by Zoning Administrator
Structures 1,000 sf or over and/or wall length 30 ft or over
Attached Setbacks1
Same as principal structure or 25 ft - if overhead garage door faces street.
   Detached Setbacks 2 - 200 sf or less
Front Yard
Not permitted beyond front facade of principal structure
Rear yard
3 ft
3 ft - adjacent to alley
25 ft - if overhead garage door faces street
Interior Side Yard
3 ft
Street Side Yard
15 ft
   Detached Setbacks2 - over 200 sf (Building Permit required)
Front Yard
Not permitted beyond front facade of principal structure
Rear Yard
3 ft - if fire-rated walls face property line
3 ft - adjacent to alley
5 ft - if non-fire-rated walls face property line
15 ft - structures over 576 sf in Flood Fringe
25 ft - if overhead garage door faces street
Interior Side Yard
3 ft
15 ft - structures over 576 sf in Flood Fringe
Street Side Yard
15 ft
25 ft - if overhead garage door faces street
 
   2.   Single-Family, Two-Family, Three-Family and Townhomes/Rowhomes On Individual Lots In Residential Other Than RLD-1:
Accessory Buildings, Structures, Equipment and Uses
RLD-2, RLD-3, RMD & RHD
Accessory Buildings, Structures, Equipment and Uses
RLD-2, RLD-3, RMD & RHD
Floor Area Limit
Up to principal dwelling footprint or 800 sf, whichever is greater
Floor Area Exceptions
At least (1) shed - 200 sf or less
Number Permitted3
2
Maximum Height
Single & Two-Family Limited to:
1.   Sidewalls no higher than height of principal structure sidewalls or 12 ft (measured from grade to base of roof truss), whichever is greater, or
2.   Height of principal structure average roof ridge (measured grade to each roof ridge and then average)
Townhome/rowhome/stacked duplex or triplex - side walls no higher than 15 ft or height of principal structure side walls, whichever is less
Architectural Detailing & Fenestration Required. Design & Orientation reviewed and approved by Zoning Administrator
Structures 1,000 sf or over and/or wall length 30 ft or over
Attached Setbacks1
Same as principal structure or 25 ft - if overhead garage door faces street.
   Detached Setbacks2 - 200 sf or less
Front Yard
Not permitted beyond front facade of principal structure
Rear Yard
3 ft - if fire-rated walls face property line
3 ft - adjacent to alley
5 ft - if non-fire-rated walls face property line
15 ft - structures over 576 sf in Flood Fringe
25 ft - if overhead garage door faces street
Interior Side Yard
3 ft
15 ft - structures over 576 sf in Flood Fringe
Street Side Yard
12 ft
25 ft - if overhead garage door faces street
 
   3.   Single-Family, Two-Family And Three-Family On Individual Lots In Mixed Use Districts:
Accessory Buildings, Structures, Equipment and Uses
Mixed Use
Accessory Buildings, Structures, Equipment and Uses
Mixed Use
Floor Area Limit
Up to principal dwelling footprint or 800 sf, whichever is greater
Floor Area Exceptions
At least (1) shed - 200 sf or less
Number Permitted3
2
Maximum Height
Single & Two-Family - Limited to:
1.   Sidewalls no higher than height of principal structure sidewalls or 12 ft (measured from grade to base of roof truss), whichever is greater, or
2.   Height of principal structure average roof ridge (measured grade to each roof ridges and then average)
Townhome/Rowhome/stacked Duplex or Triplex - side walls no higher than 15 ft or height of principal structure side walls, whichever is less
Architectural Detailing & Fenestration Required. Design & Orientation reviewed and approved by Zoning Administrator
Structures 1,000 sf or over and/or wall length 30 ft or over
Attached Setbacks1
Same as principal structure or 25 ft - if overhead door faces street.
Three-Family only: Zero setback entry permitted for one (1) overhead door associated with at-grade or underground parking
   Detached Setbacks2 - 200 sf or less
Front Yard
Not permitted beyond front facade of principal structure
Rear Yard
3 ft
3 ft - adjacent to alley
25 ft - if overhead garage door faces street
Interior Side Yard
3 ft
Street Side Yard
3 ft
   Detached Setbacks2 - over 200 sf (Building Permit required)
Front Yard
Not permitted beyond front facade of principal structure
Rear Yard
3 ft - if fire-rated walls face property line
3 ft - adjacent to alley
5 ft - if non-fire-rated walls face property line
15 ft - structures over 576 sf in Flood Fringe
25 ft - if overhead garage door faces street
Interior Side Yard
3 ft
15 ft - structures over 576 sf in Flood Fringe
Street Side Yard
12 ft
25 ft - if overhead garage door faces street
 
   4.   Multi-Family And Cluster Developments On Single Lot In Residential and Mixed Use:
Accessory Buildings, Structures, Equipment and Uses
   Residential & Mixed Use
Accessory Buildings, Structures, Equipment and Uses
   Residential & Mixed Use
Floor Area Limit
No more than 50% of gross floor area of principal structure
Floor Area Exceptions
None
Number Permitted
No more than 50% of gross floor area of principal structure
Maximum Height
Single & Two-Family - Limited to:
1.   Sidewalls no higher than height of principal structure sidewalls or 12 ft (measured from grade to base of roof truss), whichever is greater, or
2.   Height of principal structure average roof ridge (measured grade to each roof ridges and then average)
Architectural Detailing & Fenestration Required. Design & Orientation reviewed and approved by Zoning Administrator
Structures 1,000 sf or over and/or wall length 30 ft or over
Attached Setbacks1
Same as principal structure or 25 ft - if overhead door faces street.
Zero setback entry permitted for one (1) overhead door associated with at-grade or underground parking
   Detached Setbacks2 - 200 sf or less
Front Yard
Not permitted beyond front facade of principal structure
Rear Yard
3 ft
3 ft - adjacent to alley
Interior Side Yard
3 ft
Street Side Yard
3 ft
   Detached Setbacks2 - over 200 sf (Building Permit required)
Front Yard
Not permitted beyond front facade of principal structure
Rear Yard
10 ft
15 ft - structures over 576 sf in Flood Fringe
25 ft - if overhead garage door faces street
Interior Side Yard
10 ft
15 ft - structures over 576 sf in Flood Fringe
Street Side Yard
10 ft
15 ft - structures over 576 sf in Flood Fringe
25 ft - if overhead garage door faces street
 
   B.   Institutional, Commercial, Industrial Districts and Commercial Uses in Mixed Use Districts:
Accessory Buildings, Structures, Equipment & Uses
Institutional, Commercial, Industrial Districts & Commercial Uses in Mixed Use-3 & Mixed Use-4
Commercial Uses in Mixed Use-1
Commercial Uses in Mixed Use-2
Accessory Buildings, Structures, Equipment & Uses
Institutional, Commercial, Industrial Districts & Commercial Uses in Mixed Use-3 & Mixed Use-4
Commercial Uses in Mixed Use-1
Commercial Uses in Mixed Use-2
Floor Area Limit / Number Permitted
No more than 50% of gross floor area of principal structure
No limit
No more than 30% of the gross floor area of principal structure
Floor Area Exceptions
None
Maximum Height
No higher than principal structure
Architectural Detailing & Fenestration Required. Design & Orientation reviewed and approved by Zoning Administrator
Structures 1,000 sf or over and/or wall length 30 ft or over
Attached Setbacks1
Same as principal structure or 25 ft - if overhead door faces street.
Zero setback entry permitted for one (1) overhead door associated with at-grade or underground parking
Detached Setbacks2 - 200 sf or less
Front Yard
No permitted beyond front façade of principal structure
Rear, Interior and Street Side Yard
10 ft
25 ft - if overhead door faces street
Detached Setbacks2 - over 200 sf (Building Permit required)
Front Yard
Not permitted beyond front facade of principal structure
Rear, Interior of Street Side Yard
10 ft
15 ft - structures over 576 sf in Flood Fringe
25 ft - if overhead garage door faces street
 
   C.   Notes for all accessory buildings, structures, equipment and uses:
      1.   Overhead Doors: For attached and detached accessory structures that face a public or private street, road or drive, the front, rear or street side yard setback is 25 ft to provide adequate driveway depth to prevent vehicles overhanging a sidewalk or boulevard.
      2.   Accessory Setbacks:
         i.   Single-Family, Two-Family and Three-Family on Individual Lots in Residential and Mixed Use Districts: An additional 1 ft setback is required for every 2 ft over 10 ft in accessory structure sidewall height.
         ii.   Institutional, Commercial Industrial Districts and Commercial Uses in Mixed Use Districts: Additional setback area must be provided to meet screening requirements for adjacent residential uses (see 10-19-18 ).
      3.   Accessory Number Limit Exemptions: The following and the like, as determined by the Zoning Administrator, do not count toward accessory number limits but are subject to maximum impervious requirements: gazebos, outdoor living rooms, pools, hot tubs and pool enclosures, green houses, chicken coops and kennels/runs.
      4.   Building Permit required for accessory structure over 200 sf.
      5.   Easements: Accessory buildings, structures and equipment are not permitted within recorded easements.
      6.   Materials:
         i.   Residential Districts and Residential uses in Mixed Use Districts - Shall be compromised of materials and colors customarily used on dwellings.
         ii.   Commercial Uses in Mixed Use Districts, and Institutional, Commercial and Industrial Districts - Shall be compromised of materials and colors similar to principal structure.
         iii.   Non-durable materials, such as, but not limited to, cloth, nylon, plastic tarps, are prohibited.
      7.   Carports: only permanent carports with two (2) or more open sides and made of durable materials are permitted if Building Code standards met (e.g., anchored into pavement).
      8.   Anchoring: All accessory structures, regardless of size, must be anchored to prevent movement during windstorms. Product specification should be verified by property owner.
      9.   Temporary storage units and construction job trailers are not subject to this section but are subject 10-19-8 .
      10.   Accessory buildings, structures, equipment or uses are not permitted on a parcel without a principal structure, building or use. (Ord. 2012-2, 2-27-2012; amd. Ord. 2024-04, 6-24-2024; Ord. 2025-02, 3-24-2025)

10-18-4: NONCONFORMING LOTS, BUILDINGS, STRUCTURES AND USES:

   A.   Purpose: It is the purpose of this section to provide for the regulation of legal nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which legal nonconforming buildings, structures and uses will be operated and maintained. This title establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction.
   B.   Intent: This title permits nonconformities to continue until they are removed, but does not encourage their survival. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses not permitted in the district.
   C.   Nonconforming Lots Of Record Platted Prior To 2004: For the purposes of orderly development of older areas of the community platted prior to 2004, a single-family dwelling and two-family dwelling and customary accessory buildings may be erected on nonconforming lots of record at the effective date of this title, provided that the use fronts on a public right of way and provided that the frontage, depth and area measurements are at least sixty six percent (66%) the minimum requirements of the district where the use is permitted. This provision shall apply provided that the side yards and front yard setback requirements are met for the district.
Furthermore, for areas platted prior to 2004, multiple- family dwellings of three (3) or more units and customary accessory buildings may be erected on nonconforming lots of record at the effective date of this title provided that they front on a public right of way and provided that the frontage, depth and area measurements are at least ninety percent (90%) of the minimum requirements of the district where the use is permitted. This provision shall apply provided that side yard and front yard setback requirements are met for the district.
   D.   Provisions: If a lawful use of structures or of structures and land in combination (referred to as use) exists at the effective date of this title that would not be allowed in the district under the terms of this title, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
      1.   No existing use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use to a use permitted in the district in which it is located, or as otherwise provided herein.
      2.   Any proposed structure which will, under this title, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this title may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this title, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconforming structure and use.
      3.   As described in Minnesota statutes 462.357, if at any time, a lawful nonconforming building, structure or use shall be destroyed to the extent of more than fifty percent (50%) of its market value, then without further action by the city council, the building and the land on which such building was located or maintained may be rebuilt to its former extent if a building permit is obtained within one hundred eighty (180) days of said destruction except that structures damaged in the floodway and flood fringe districts are subject to subsection D14 of this section, consistent with Minnesota statutes chapter 462.357. The city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. After one hundred eighty (180) days of said destruction, such building will be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty percent (50%) of its market value may be restored to its former extent, if it is reconstructed within twelve (12) months after the date of said damage. The market value determination of the extent of damage or destruction shall be made by the city in either of the above described situations.
      4.   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
      5.   On any structure devoted in whole or in part to any lawful nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the effective date of this title may not be increased. Any residential nonconforming use may be extended throughout any part of a building which was unfinished but intended for such use at the time of adoption or amendment of this title, but no such use may be extended to occupy any land outside such building.
      6.   Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official or an improvement limited to what is necessary to comply with state or federal accessibility laws, providing the necessary repairs or improvements shall not constitute more than fifty percent (50%) of fair market value of each structure as determined by the city.
      7.   Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided, they will not increase the number of dwelling units or size or volume or nonconformity of the building. A dwelling may not be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this title.
      8.   Within any district, the owner of a legally nonconforming single-family residential unit may request the board of adjustment and appeals for a permit to physically expand or enlarge a structure, including the construction or reconstruction of garages and other accessory buildings normally found in residential areas. The request shall be filed with the city on an official application form. The information requirements, notice requirements, hearing requirements, and appeal procedures shall be identical to that provided for variances in this title. Furthermore, the board of adjustment and appeals shall not grant such a permit unless it makes the findings required to grant a variance, with the exception that the prohibition of granting variances for uses or considering nonconforming uses shall not be considered for this type of a permit. If the proposed addition or new structure is in violation of any lot coverage or setback requirements of an RLD-2 district (notwithstanding the actual district in which the structure is located) a separate variance must also be obtained.
      9.   No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this title adoption unless such movement shall bring the nonconformance into substantially closer compliance with the requirements of this title.
      10.   Any lawful nonconforming use may be changed to another lawful nonconforming use provided that the city council, by making findings in the specific case, shall find that the proposed use is equally or more appropriate to the district than the existing nonconforming use. In permitting such change, the city council may require appropriate conditions and safeguards in accordance with the provisions of this title.
      11.   When a nonconforming use is discontinued for twelve (12) months, the original nonconforming use may not be resumed and any future use must be made to conform with the provisions of this title, unless otherwise approved by a resolution of a majority of the city council. A single-family dwelling will be deemed to be discontinued only when it is replaced with a different use or unoccupied for a period in excess of two (2) years. Provided, however, that if the owner of the dwelling establishes to the zoning administrator that he or she has been making a good faith effort to sell or lease the property for residential use, the zoning administrator may grant an additional one year extension.
      12.   Where a lawful nonconforming use applies to a structure and land in combination, continuing use of the land in a nonconforming manner shall not be permitted if the structure is removed or destroyed.
      13.   Any legal nonconforming use which is replaced or changed, in whole or in part, to a conforming use, shall thereafter, as applicable, conform to the regulations as prescribed by this title or amendments thereto. The nonconforming use, whether in whole or in part, may not thereafter be resumed.
      14.   Existing lots cannot be made nonconforming: No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this title, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure.
      15.   Additions to nonconforming structures permitted: If a lawfully established structure, which because of a change in the setback requirements over time, is not in conformance with the current requirements, an addition may be made, even if the addition violates the current setback requirements, provided that:
         a.   The addition does not encroach across a property line.
         b.   The addition does not extend into the applicable nonconforming yard requirement greater than the existing nonconforming structure.
         c.   The addition must meet other current zoning requirements including other setbacks .
      16.   Additional standards for floodway and flood fringe overlay districts:
         a.   No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
         b.   If any nonconforming use or structure is substantially damaged or experiences a "repetitive loss", as defined in section 10-2-2 of this title, it shall not be reconstructed except in conformity with the provisions of chapter 17, article B of this title. The applicable provisions for establishing new uses or new structures in chapter 17, article B of this title will apply depending upon whether the use or structure is in the floodway or flood fringe district, respectively.
         c.   If a "substantial improvement" occurs, as defined in section 10-2-2 of this title, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of chapter 17, article B of this title for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
         d.   In floodway or flood fringe overlay districts, any structural alteration or addition to a nonconforming use or structure which would result in increasing the flood damage potential of that use or structure shall be floodproofed in accordance with the Minnesota state building code (i.e., FP-1 through FP-4 floodproofing classifications), except as further restricted by subsections D6 and D14c of this section. (Ord. 2012-1, 2-27-2012; amd. Ord. 2024-04, 6-24-2024)