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New Ulm City Zoning Code

CHAPTER 3

ZONING DISTRICTS

3.1 GENERAL PROVISIONS

  1. Adoption of the Zoning Map. The map titled “City of New Ulm Zoning Map”, hereinafter referred to as the “zoning map,” and all explanatory matters thereon, are hereby adopted and made a part of this Chapter. The map may be amended, and the most current version on file with the Community Development Department shall apply. Questions concerning a zoning designation or boundaries of a zoning district shown on the zoning map shall be resolved by referring back to the previously adopted ordinances delineating the districts and boundaries.
  2. Types of Zoning Districts. Land within the City is generally classified by this Chapter to be within one of a number of base zoning districts. Land within any base zoning district may also be classified into one or more overlay zoning districts, in which case regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying base zoning district, unless expressly stated otherwise.
  3. District Boundaries. The boundaries of the districts are established as shown on the zoning map. Where uncertainty exists as to district boundaries, the following rules shall apply:
    1. Boundaries shown as following or approximately following the municipal limits shall be construed as following such limits.
    2. Boundaries indicated as approximately following the centerline of streets, highways, alleys or other public rights-of-way shall be construed to follow such centerlines.
    3. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
    4. Boundaries indicated as approximately following section, quarter section or quarter-quarter section lines shall be construed as following such lines.
    5. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks of such railroad lines.
    6. Boundaries shown as following or approximately following shorelines of any lakes or ponds shall be construed to follow the mean high water line of such lakes or ponds, and, in the event of change in the ordinary high water line, shall be construed as moving with the actual mean high water line.
    7. Boundaries shown as following or approximately following the centerlines of streams, rivers or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourses taken at mean low water, and, in the event of a natural change in the location of such streams, rivers or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.
    8. Boundaries indicated as parallel to or extensions of features indicated in items 1-7 above shall be so construed.
    9. Where a single parcel of land has two or more zoning classifications, the zoning district boundaries shall be construed as those designated in the ordinance originally adopted to establish those zoning districts.
    10. Where physical features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered by items 1-7 above, the Community Development Department shall interpret the district boundaries.
  4. Property Within Two or More Zoning Districts. Where a single parcel of land is bisected by one (1) or more zoning district boundary lines, land in the more restrictive district shall not be included as a part of the required yards or minimum lot area for any structures or uses not allowed in said district.
  5. Zoning of Vacated Areas. Whenever any street, alley or other public way shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it is attached to by operation of law.
  6. Zoning Classifications for Newly Annexed Property. Any property annexed to the City shall initially be placed in the “A-OS” Agricultural-Open Space District. After receiving a recommendation from the Planning Commission, the City Council may place a property in another zoning district by identifying that zoning district in the document authorizing the annexation of the property.

3.2 DISTRICTS ESTABLISHED

  1. Establishment of Base Districts. Table 3-1, Base Zoning Districts, sets out the base zoning districts established by this Chapter.

    TABLE 3-1: BASE ZONING DISTRICTS
    Abbreviation
    		District Name
    Residential Districts
    R-1
    		Single Family Residence District
    R-1S
    		Single Family Residence District, Small Lot
    R-2
    		Single and Two Family Residence District
    RT-1Traditional Neighborhood – Single Family Residence District
    RT-2Traditional Neighborhood – Single and Two Family Residence District
    R-3Medium Density Residence District
    R-4High Density Residence District
    MHManufactured Home Park District
    Commercial Districts
    B-1Limited Business District
    B-2General Business District
    B-3Community Business District
    B-4Central Business District
    Industrial Districts
    I-1Planned Industrial District
    I-2General Industrial District
    I-3Limited Industrial District
    Special Purpose Districts
    A-OSAgricultural-Open Space District
    INS-EInstitutional -Educational District
    INS-MInstitutional – Medical District
    INS-OInstitutional – Other District
    CMCommercial Manufacturing District
    MU-EMixed Use-Emmerson District
    MU-TMixed Use-Turner District
    PUDPlanned Unit Development
  2. Establishment of Overlay Districts. Table 3-2, Overlay Zoning Districts, sets out the overlay zoning districts established by this Chapter.

    TABLE 3-2: OVERLAY ZONING DISTRICTS
    Abbreviation
    		District Name
    HPHeritage Preservation District
    FPFlood Plain District
    BPBluffland Protection District
  3. Classification of Districts. Land shall be classified or reclassified into a base or overlay zoning district only in accordance with the procedures and requirements set forth in Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments.
  4. Organization of Base Zoning District Regulations. Chapters 4 through 7 establish the general purposes of each base zoning district along with the physical standards governing lots and structures within each district. Each of these Chapters has a common format consisting of a purpose statement, applicable size and dimensional standards for lots, photographs and illustrations showing typical district building forms, and a hypothetical graphic depicting the district’s physical regulations. Uses allowed in each district are also provided in each Section. Development standards for lots (i.e., landscaping standards, parking requirements, etc.) can be found in Chapter 10.
  5. Diagrams, Photographs and Illustrations for Illustrative Purposes Only. The building form photographs and illustrations and hypothetical graphics of physical regulations are for illustrative purposes only and may not be consistent with all listed requirements. In all cases, the dimensional requirement text of this Ordinance shall control.

3.3 DESCRIPTION OF USE TABLES

  1. Description of Use Tables.
    1. Use Tables describe the use classifications and use types established for Residential Districts, Commercial Districts, Industrial Districts and Special Purpose Districts in this Zoning Chapter.
    2. Table 4-17, Table 5-5, Table 6-4 and Table 7-9 serve as Use Tables.
    3. A comprehensive Use Table with all principal uses by Use Classification and Use Type and is provided in Chapters 4 thru 7 is found in Table 9.1 in Section 9.
  2. Explanation of Use Table Structure.
    1. Organization of Use Tables. Use Tables organize all principal uses by Use Classifications and Use Types.
      1. Use Classifications. The Use Classifications are Agricultural Uses; Residential Uses; Public and Institutional Uses; Commercial Uses; and Industrial Uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential and commercial uses). The Use Classifications then organize land uses and activities into specific “Use Types” based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.
      2. Use Types. The specific Use Types identify the specific uses that are considered to fall within characteristics identified in the Use Classifications. For example, detached dwellings, parks and recreation areas, and schools are “Use Types” in the “R-1” Single Family Residence District.
    2. Symbols Found in Use Tables.

      Permitted Uses = P

      A “P” indicates that a use is permitted by right, subject to compliance with all other applicable provisions of this Ordinance. Uses may be subject to special regulations as referenced in the “Additional Requirements” column.

      Conditionally Permitted Uses = C

      A “C” indicates that a use is permitted provided the City can establish conditions necessary to ensure the use is compatible with the proposed location and surrounding properties. Inability of the City to establish conditions to adequately control anticipated impacts is justification for denial of a conditionally permitted use. Conditional Uses may also be subject to special regulations as referenced in the “Additional Requirements” column.

      Interim Permitted Uses = I

      An “I” indicates that a use may be permitted for a brief period of time provided certain conditions are met, and a specific event or date can be established for discontinuance of the use. Inability of the City to establish conditions to adequately control anticipated impacts is justification for denial of an interim permitted use. Interim Permitted Uses may also be subject to special regulations as referenced in the “Additional Requirements” column.

      Prohibited Uses = Shaded Cells

      A shaded cell indicates that the listed use is prohibited in the respective base zoning district.
    3. Additional Requirements. Permitted and conditional uses with a section or Section designation in the additional requirements column shall be subject to those standards identified in that location.
    4. Unlisted Uses. If an application is submitted for a use that is not listed in Table 4-17, Table 5-5, Table 6-4 and Table 7-9, the Community Development Department is authorized to classify the new or unlisted use into an existing Use Type that most closely fits the new or unlisted use. If no similar use determination can be made, the use will be considered prohibited, in which case an amendment to the ordinance text would need to be initiated to clarify if, where and how a proposed use could be established.