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New Ulm City Zoning Code

CHAPTER 9

USES

9.1 COMPREHENSIVE USE TABLE

  1. Description of Comprehensive Use Table. A Comprehensive Use Table with all principal uses by Use Classification and Use Type is provided in Table 9.1.
  2. Explanation of Comprehensive Use Table Structure.
    1. Use Table Organization.
      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 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 activity type and intensity, the number and type of customers or residents, how goods or services are sold or delivered, and site conditions.
      2. Use Types. 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” that are all allowed within the “R-1” Single Family Residence District.
    2. Comprehensive Use Table Symbols.
      1. 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.
      2. 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 and in Section 2.4 D. of this Ordinance.
      3. Interim Permitted Uses = I

        An “I” indicates that a use may be permitted for a limited 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 and in Section 2.4 E of this Ordinance.
      4. Prohibited Uses = Shaded Cells

        A shaded cell indicates that the listed use is prohibited in the respective base zoning district.
      5. Additional Requirements. Permitted, interim or conditional uses with a section or subsection designation in the additional requirements column shall be subject to the standards identified in that location.
      6. Unlisted Uses. If a property is used or proposed to be used that is not listed in Table 9.1, 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.

     

     

     

    TABLE 9-1 USE TABLE: USES BY DISTRICT

     

     

     

    Use Types

    "P" = Permitted
    "C" = Conditionally Permitted
    "I" = Interim Permitted*

    Base Zoning Districts

    Additional Requirements

    R 1

    R 1 S

    R 2

    R T 1

    R T 2

    R 3

    R 4

    M H

    B 1

    B 2

    B 3

    B 4

    I 1

    I 2

    I 3

    A O S

    I N S E

    I N S M

    I N S O

    C M

    M U E

    M U T

    		 

    Agricultural Uses

    Agriculture

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    		  

    9.2(B)

    Agricultural Sales

    		         

    P

    P

    P

    		   

    P

    		  

    C

    		  

    C

    9.2(B)

    Cannabis Cultivation, Indoors

    		               

    P

    		      

    9.2(C)(4)

    Cannabis Cultivation, Outdoors

    		               

    P

    		      

    9.2(C)(4)

    Community Garden

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    		  

    9.2(B)

    Wildlife Game Refuge

    		               

    P

    P

    		      

    Residential Uses

    Single Family Dwelling, Detached (one unit)

    P

    P

    P

    P

    P

    P

    		             

    P

    		  

    9.2(C)(1)

    ­- Single Family Dwelling, Attached (two units)

    		  

    P

    		  

    P

    		                

    9.2(C)(2)

    - Two-Family Dwelling (Duplex)

    		  

    P

    		 

    P

    P

    		  

    C

    		             

    9.2(C)(2)

    ­- Single Family Dwelling, Attached (three to eight units per acre)

    		     

     

    P

     

    P

    		 

     

    C

    		             

     

    9.2(C)(2)

    ­- Multiple Family Dwelling (three to eight units per acre)

    		     

     

    P

     

    P

    		 

     

    P

    		  

     

    C

    		          

     

    9.2(C)(2)

    ­- Multiple Family Dwelling (nine or more units per acre)

    		      

     

    P

    		 

     

    P

    		  

     

    C

    		        

     

    P

    		 

     

    9.2(C)(2)

    ­- Residential Dwelling, Upper Floor

    		         

    C

    		 

    P

    		           

    ­- Residential Dwelling, Street Level

    		         

    C

    		 

    C

    		           

    Residential Care Facility
    (six or fewer persons)

    P

    P

    P

    P

    P

    		   

    P

    		  

    C

    		          

    9.2(C)(3)

    Residential Care Facility
    (16 or fewer persons)

    		     

    P

    P

    		 

    P

    		  

    C

    		          

    9.2(C)(3)

    Manufactured Home Park

    		  

    C

    		  

    C

    C

    P

    		          

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    9.2(C)(4)

    Public & Institutional Uses

    Active Park Facility (public)

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    		 

    Active Park Facility (private)

    C

    C

    C

    C

    C

    C

    C

    P

    P

    P

    P

    P

    C

    C

    		 

    C

    P

    P

    C

    P

    P

    P

    9.2(D)(1)

    Armory

    		         

    P

    P

    P

    C

    C

    		         

    Assisted Living Facility

    		     

    C

    C

    		               

    9.2(D)(2)

    Cemetery/Memorial Garden

    C

    C

    C

    C

    C

    C

    C

    		        

    C

    		  

    C

    		   

    9.2(D)(3)

    Clinics/Medical Service

    		        

    C

    P

    P

    P

    		    

    C

    P

    		    

    9.2 (D)(4)

    Club

    		         

    P

    P

    P

    C

    C

    		       

    P

    		 

    Communication Facility

    		            

    P

    P

    		 

    C

    C

    C

    C

    		   

    10.10

    Convent/Monastery

    		  

    C

    		 

    C

    C

    P

    		 

    C

    		         

    C

    		    

    Event Center

    		         

    P

    P

    P

    C

    C

    		    

    C

    P

    		 

    P

    		 

    Essential Services

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    		 

    Hospital

    		                 

    P

    		    

    9.2(D)(5)

    Nursing/Convalescent Home

    		     

    P

    P

    		 

    C

    		        

    P

    C

    		   

    9.2(D)(6)

    Passenger Terminal

    		         

    P

    		  

    C

    C

    		 

    C

    P

    P

    P

    		    

    Passive Park/Open Space

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    		 

    Place of Public Assembly

    C

    C

    C

    C

    C

    C

    C

    		 

    C

    C

    C

    C

    C

    C

    		 

    P

    P

    P

    P

    P

    P

    P

    9.2(D)(7)

    Public Building/Use

    C

    C

    C

    C

    C

    C

    C

    C

    C

    P

    P

    P

    P

    P

    P

    C

    C

    C

    C

    		 

    C

    		 

    9.2(D)(8)

    Public Utility Building/Structure

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    P

    P

    P

    C

    C

    C

    C

    P

    C

    		  

    School (PreK-12)

    C

    C

    C

    C

    C

    C

    C

    		  

    C

    C

    C

    C

    C

    C

    		 

    P

    		 

    P

    		 

    C

    		 

    9.2(D)(9)

    School (Higher Education)

    		         

    C

    C

    C

    C

    C

    C

    		 

    P

    P

    C

    		 

    C

    		  

    Utilities (Major)

    		        

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    		  

    9.2(D)(10)

    Commercial Uses

    Ambulance Services

    		         

    C

    C

    C

    C

    C

    C

    		  

    C

    		     

    Auto Repair - Minor

    		         

    P

    P

    		 

    P

    P

    C

    		       

    9.2(F)(3)

    Automotive Wash Facilities

    		         

    C

    C

    		 

    P

    P

    		        

    9.2(F)(4)

    Bar, Liquor Establishment

    		         

    P

    P

    P

    		       

    P

    		 

    P

    		 

    Bed & Breakfast Facilities

    P

    P

    P

    P

    P

    		   

    P

    		             

    9.2(F)(5)

    Brew Pub

    		         

    P

    P

    C

    		           

    Building Material

    Sales/Storage

    		         

    P

    P

    		 

    P

    P

    		         

    Bus Garage/Maintenance Facility

    		         

    P

    		  

    P

    P

    		         

    Business Support Services

    		         

    P

    P

    P

    P

    P

    C

    		        

    Cannabis Retail

    		         

    P

    P

    		           

    9.2(G)(24)

    Child Care Center

    C

    C

    C

    C

    C

    C

    C

    C

    C

    P

    P

    P

    C

    C

    C

    		 

    C

    C

    C

    		 

    C

    C

    9.2(F)(7)

    Commercial Lodging

    		         

    P

    P

    P

    		           

    Communications/Broadcasting

    		         

    P

    P

    P

    P

    P

    C

    		       

    10.10

    Convenience Store

    		         

    P

    P

    P

    		           

    Country Club

    		               

    P

    		      

    9.2(F)(10)

    Distillery, Micro

    		         

    C

    C

    C

    P

    P

    		         

    Educational Services

    		         

    P

    P

    P

    C

    C

    C

    		        

    Entertainment/Recreation, Indoor Commercial

    		         

    P

    P

    P

    C

    C

    		     

    P

    P

    P

    9.2(F)(11)

    Entertainment/Recreation,

    Outdoor Commercial

    		         

    C

    C

    C

    C

    C

    		 

    C

    		   

    P

    		 

    P

    9.2(F)(12)

    Financial Institutions

    		         

    P

    P

    P

    		          

    9.2(F)(13)

    Firearm Range, Indoor

    		         

    C

    C

    C

    C

    C

    		         

    Funeral Home/Service

    		         

    P

    P

    P

    		          

    9.2(F)(14)

    General Retail Sales & Services

    		         

    P

    P

    P

    		       

    P

    		  

    9.2(F)(15)

    Kennel, Commercial

    		         

    C

    		  

    P

    P

    		        

    9.2(F)(16)

    Landscaping/Nursery Business

    		         

    P

    		  

    P

    P

    P

    P

    		      

    9.2(F)(17)

    Office

    		        

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    P

    9.2(F)(18)

    Performing, Visual, Exercise, Vocational or Martial Arts School

    		         

    P

    P

    P

    C

    C

    		      

    P

    		  

    Personal Services

    		        

    C

    P

    P

    P

    		           

    Repair Establishment

    		         

    P

    		  

    P

    P

    C

    		       

    9.2(F)(21)

    Restaurant

    		         

    P

    P

    P

    		    

    P

    		 

    C

    P

    		 

    P

    9.2(F)(22)

    Shopping Center

    		         

    P

    P

    P

    		           

    Sign Sales/Service

    		         

    P

    P

    P

    		           

    Sport & Health Facility

    		         

    P

    P

    P

    P

    P

    		       

    P

    		 

    Transportation Services

    		         

    P

    		  

    P

    P

    C

    		        

    Vehicle Service Station

    		         

    P

    P

    C

    P

    P

    C

    		       

    9.2(F)(23)

    Vehicle Sales/Rental

    		         

    P

    P

    		 

    P

    P

    		        

    9.2(F)(24)

    Veterinary Services

    		         

    P

    P

    C

    P

    P

    		        

    9.2(F)(25)

    Wholesale Sales

    		         

    P

    P

    		 

    P

    P

    		         

    Industrial Uses

    Airport

    		               

    P

    		       

    Auto Repair - Major

    		            

    P

    P

    		        

    9.2(G)(1)

    Brewery

    		         

    C

    C

    C

    P

    P

    		     

    P

    		  

    9.2(F)(20)

    Bulk Fuel Sales & Storage

    		            

    C

    C

    		        

    9.2(G)(2)

    Cannabis Delivery            PP        9.2(H)(21)
    Cannabis Manufacturer            P P        9.2(H)(21)
    Cannabis Testing Facility            Pp        9.2(H)(21)
    Cannabis Transportation            PP        9.2(H)(21)

    Cannabis Wholesale

    		            

    P

    P

    		        9.2(H)(21)

    Cleaning Services & Laundry

    		         

    P

    P

    P

    P

    P

    		         

    Cold Storage

    		            

    P

    P

    C

    		        

    Concrete, Asphalt & Rock

    Crushing Facility

    		             

    C

    		         

    Contractor Office & Yard

    		            

    P

    P

    P

    		        

    Distillery

    		            

    P

    P

    		         

    Extraction of Materials

    		            

    I

    I

    		 

    I

    		      

    9.2(G)(3)

    Food Processing

    		            

    C

    C

    		         

    Grain Elevator & Storage

    		             

    P

    		 

    I

    		       

    Grain Milling & Distillation

    		             

    P

    		     

    P

    		   

    Greenhouse, Wholesale

    		            

    P

    P

    		 

    C

    		       

    Hemp Manufacturer

    		            

    P

    P

    		        9.2(H)(21)

    Industrial Services

    		         

    C

    		  

    P

    P

    C

    		        

    Land Reclamation

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    C

    9.2(G)(6)

    Machine Shop

    		         

    C

    		  

    P

    P

    C

    		        

    Machinery/Truck Repair & Sales

    		         

    C

    		  

    P

    P

    		        

    9.2(G)(8)

    Manufacturing, Major

    		             

    C

    		        

    9.2(G)(5)

    Manufacturing, Minor

    		         

    C

    		  

    P

    P

    		        

    9.2(G)(7)

    Print Shop

    		         

    C

    C

    C

    P

    P

    C

    		    

    P

    		   

    Professional Trade Firm

    		            

    P

    P

    P

    		        

    Recycling Facility

    		            

    C

    C

    		        

    9.2(G)(9)

    Research, Development/Testing Laboratory

    		         

    C

    		  

    P

    P

    		         

    Scrap/Salvage Yard, Metal

    Milling Facility

    		             

    C

    		         

    Self-Storage Facility

    		         

    C

    		  

    P

    P

    P

    		       

    9.2(G)(10)

    Sexually Oriented Uses

    		            

    P

    P

    		         

    Truck/Freight Terminal

    		            

    P

    P

    		        

    9.2(G)(11)

    Waste Hauler

    		            

    C

    P

    		         

    Wholesaling, Warehousing/Distribution

    		         

    C

    		 C 

    P

    P

    C

    		    

    P

    		   
    * “I” = Interim Permitted
    The Community Development Department may, in its discretion, recommend to the applicant, the Planning Commission and City Council that any use designated in the Table as “C”= Conditionally Permitted be instead considered as an Interim Permitted Use.

9.2 USE SPECIFIC STANDARDS

  1. Purpose. This Section establishes standards to provide supplemental regulations to address the unique characteristics of certain land uses. The standards in this Section apply to the uses below whether the uses are permitted, interim or by conditional use in the applicable zoning district. The standards identified in this Section shall apply in addition to all other applicable regulations of this Ordinance.
  2. General Performance Standards Applicable to All Uses.
    1. Combination Uses. In business and industrial base zoning districts, combination uses may be allowed within the principal building with each use subject to all regulations in this Ordinance.
    2. Major/Minor Arterial or Collector Street. This Section references the need for certain land uses to have frontage on or access to an arterial or collector street. Compliance with this requirement will be determined through the use of the Future Street System Plan found in the most current Comprehensive Plan for the City of New Ulm.
    3. Nuisances Prohibited. In addition to any nuisance provisions within the City Code, the following shall apply:
      1. Refuse and Garbage.
        1. In all districts, all refuse, rubbish, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such a purpose.
        2. The owner of vacant land shall be responsible for keeping the land free of refuse, rubbish, or garbage.
      2. Noise. No use or structure shall be operated or occupied as to create a noise in violation of Section 8.08 of the City Code.
        1. Noise will be measured on any property line of the parcel on which the operation is located and noise is generated.
        2. Noise must be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity.
        3. All uses shall comply with the standards governing noise established in Minnesota Rule 7030.
      3. Glare. Glare, whether direct or reflected, such as from floodlights, spotlights, or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.
      4. Vibration.
        1. Except as provided below, no activity or operation shall be established which will cause earth vibrations perceptible on property owned by another party.
        2. Temporary construction activity causing vibration beyond the limits of the immediate site may be permitted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday except as otherwise permitted by the City Council. Any damage caused as a result of temporary construction activities shall be the responsibility and liability of the contractor.
      5. Odors, Smoke, Fumes and Gases.
        1. No use or structure shall be operated or occupied so as to create the emission of smoke, particulate matter, noxious gas, or other air emission in such an amount or to such degree as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
        2. No activity or operation from any use shall cause at any time the discharge of odors, smoke, fumes, and gases in such concentrations as to be readily detectable at any point along the property line or in such concentration as to create public nuisance or hazard beyond such line.
        3. All users shall comply with the standards governing air emissions as regulated by the Minnesota Pollution Control Agency.
      6. Dust.
        1. Any activity or operation must conform with the Minnesota Pollution Control Agency regulations relating to ambient air quality standards and air pollution control regulations.
        2. All crushing of aggregate, concrete or other demolition activities which create dust shall be continually watered to ensure that dust does not impact neighboring properties.
        3. The extraction of materials shall be watered to ensure that dust does not impact neighboring properties.
      7. Fire and Explosion Hazards.
        1. Every use activity shall be carried on with reasonable precautions against fire and explosion hazards.
      8. Water Supply.
        1. The design and construction of water supply facilities and water supply sources shall be in accordance with City standards and regulations.
        2. No use or structure shall be operated or occupied as to create water pollution in such an amount as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
        3. All uses shall comply with the standards governing water pollution as regulated by the Minnesota Pollution Control Agency.
      9. Waste.
        1. No use or structure shall be operated or occupied as to discharge waste material in such an amount as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
        2. All uses shall comply with the standards governing waste discharge as regulated by the Minnesota Pollution Control Agency.
    In order to assure compliance with the performance standards set forth in this Ordinance, the City Council may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show compliance with these performance standards. Such investigations and tests as are required to be made may be carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organization as may be selected by the City Council after 30 days’ notice. The costs incurred in having such investigations or tests conducted shall be the responsibility of the owner or operator. The procedure stated above does not preclude the City from making any tests and investigations if finds appropriate to determine compliance with these performance standards.
  3. Regulations for Agricultural Uses.
    1. Agriculture.
      1. Agricultural land uses shall not include commercial feed lots or other commercial operations.
      2. The keeping and/or raising of farm animals shall be prohibited in all zoning districts unless the farm animals were located or housed on the property as of the date of its annexation into the City of New Ulm except as authorized under Section 8.29 of the City Code of the City of New Ulm. The use of a property for this purpose may continue for a five-year time period from the date of the annexation.
      3. The application of manure shall comply with the following requirements:
        1. Manure application shall only be allowed in the A-OS, Agricultural-Open Space zoning district.
        2. Fields on which manure is applied must be at agronomic rates and planted into an agricultural crop the following growing season.
        3. Manure may not be applied any closer than 300 feet from any residential zoning district.
        4. All liquid manure application must be injected or incorporated within 12 hours of application.
        5. No manure shall be stockpiled within municipal City limits.
        6. All manure applied must comply with Minnesota Pollution Control Agency requirements and Minnesota State Rule 7020.2225 as amended.
    2. Agricultural Sales. All agricultural sale businesses shall adhere to the following:
      1. Activities shall be limited to those listed within the definition for an Agricultural Sales Business.
      2. Farmers markets are allowed in the B-2, B-3 and B-4 zoning districts.
      3. A business shall not be located within or on any public rights-of-way or easements.
      4. The operator of the business must be able to demonstrate at all times to the City that there is sufficient access, parking and maneuvering space for the business and its customers.
      5. All waste materials shall be enclosed in containers provided on the site, and shall not generate any nuisance impacts on adjacent properties.
      6. All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties.
    3. Community Garden.
      1. Prior to a parcel being utilized as a community garden, the landowner shall secure an annual community garden permit from the Community Development Department. No permit shall be required if the community garden is located on City-owned property.
      2. Each community garden must have two or more gardeners as a prerequisite for obtaining a permit to ensure code and permit guidelines are followed.
      3. Unused plots and common areas shall be maintained and kept free of weeds, dead plant materials, and other debris/garbage.
      4. Containers, including water bins, and planters, shall not hold standing water unless they are completely covered.
      5. Composting of vegetative matter is allowed (leaves, plants, wood chips, etc.); composting of meat, human or pet waste is prohibited.
      6. Overhead lighting is prohibited.
    4. Cannabis Cultivation.
      1. A cannabis business conducting cannabis cultivation, indoor or outdoor, must have a license or endorsement from the Minnesota Office of Cannabis Management authorizing the cultivation of cannabis and hemp plants.
      2. No cannabis cultivation business shall operate:
        1. within 1,000 feet of a school;
        2. within 500 feet of a day care;
        3. within 500 feet of a residential treatment facility; or
        4. within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.
      3. Cannabis cultivation businesses shall follow all rules promulgated by the Minnesota Office of Cannabis Management for fencing and other security requirements.
  4. Regulations for Residential Uses.
    1. General Regulations for All Dwellings. All dwellings located in any Residential zoning district shall conform to the following minimum requirements in addition to the specific requirements applicable to the individual residence districts:
      1. Except for the Manufactured Home zoning district, all dwellings shall be placed on a permanent foundation which complies with the Minnesota State Building Code.
      2. All dwellings shall have a minimum width and depth of twenty (20) feet, exclusive of porches, entryways, or attached storage sheds.
      3. All dwellings shall have a pitched roof of 3 inches of rise per 12 inches of run which is covered by shingles, metal or tile and shall have eaves of not less than 6 inches.
      4. All dwellings shall be served by public sanitary sewer and water.
      5. In addition to standards applicable to all houses in residential districts, manufactured homes, as defined by Minnesota Statutes, shall be built in compliance with the Minnesota Manufactured Homes Building Code and all statutory requirements.
      6. No garage, tent, trailer, motor vehicle or accessory building shall at any time be used as an independent residence or dwelling unit, either temporarily or permanently except as allowed in 9.4 G(5). Tents, play houses or similar structures may be used for play or recreational purposes.
      7. The minimum floor area per dwelling unit shall be as prescribed in individual zoning district regulations.
  5. Regulations for Designated Residential Uses.
    1. Regulations Applicable to All Attached Dwellings.
      1. Usable Open Space. Except for projects in the B-4 District, each multiple family dwelling site shall contain at least five hundred (500) square feet of usable open space for each dwelling unit contained thereon, or a minimum of 30% green space, whichever is greater. For the purposes of this Ordinance, green space shall include lawn, shrubs, trees, or other planted open space usable for gardens, shade, or recreation and shall not include any part of the public right-of-way, delineated wetland(s), or required stormwater ponding areas.
    2. Single Family Dwelling, Attached (two units).
      1. A minimum of two (2) off-street parking spaces per unit shall be provided within an enclosed garage of at least four hundred (400) square feet.
      2. All driveways and required off-street parking spaces shall be surfaced with concrete, bituminous or approved equivalent.
    3. Single Family Dwelling, Attached (three to eight units per acre).
      1. Townhouse Development.
        1. Each building in a townhouse development shall contain no more than eight (8) dwelling units.
        2. When directly abutting a lower density residential zoning district, no building shall contain more than four (4) dwelling units.
        3. Private driveways for garages shall provide a minimum of twenty (20) feet in length of parking space between the garage and public right-of-way or private street which does not interfere with the use of public sidewalks or trails.
        4. Setbacks:
          1. Buildings shall be located at least twenty (20) feet apart and twenty (20) feet from the back of the curb adjacent to a private roadway or parking area.
          2. Buildings with rear yards that directly abut a lower density residential zoning district shall be located at least 30’ apart.
      2. Other Requirements.
        1. Buildings, other than townhouses, shall contain no more than eight (8) dwelling units.
        2. Each dwelling unit shall have separate and individual front and rear entrances.
        3. The applicable setbacks required in the underlying zoning district shall be met along the perimeter lot lines of the development and along all public streets.
    4. Multiple Family Dwelling (three or more units per acre). The development of a multiple family building shall be compatible with the existing and planned land use of the area and conflicts shall not be created between commercial and residential uses and activities.
    5. Residential Uses in Business Zoning Districts.
      1. If in a B-1, Limited Business zoning district and for the real property legally described as:

        Lots 3-7, Block 62 North
        Lots 8-14, Block 104 North
        Lots 1-11, Block 105 North
        Lots 1-14, Block 104 South
        Lots 1-13, Block 105 South

        Each existing or new building on a designated lot can accommodate up to three (3) dwelling units provided the building architecture for new construction and any exterior renovation of an existing building shall be designed to reflect the architecture found in the immediate neighborhood.
      2. The development of new attached single family and multiple family dwelling units or the renovation of an existing building shall be subject to the requirements found in Table 9-2.

        Table 9-2: B-1 Residential Development Standards

        		New Construction
        		Renovation
        Base Lot Area
        		18,000 square feet
        		N/A
        Setbacks
        		Those assigned to the B-1 zoning district
        		Those assigned to the B-1 zoning district
        Screening requirement if abutting a lower density residential zoning district
        		YES
        		YES
        Maximum lot coverage
        		50%
        		50%
        Parking Requirements
        		2 per unit
        		2 per unit
        Landscaping
        		See Section 10.2
        		See Section 10.2
      3. If in a B-2 Service Business zoning district, a building or land may be used for one or more of the following land uses only with a Conditional Use Permit:
        1. Attached single family and multiple family dwelling units and individual apartments may be located in an existing structure, but applicable only to real property legally described as:

          Lots 8-10, Block 69 North
          Lots 1-7, Block 102 North
          Lots 1-7, Block 103 North
          Lots 1-7, Block 104 North
          Lots 8-14, Block 67 South
          Lots 8-13, Block 183 South
          1. A condition of any Conditional Use Permit allowing such use shall require two off-street parking stalls per dwelling unit.
          2. Parking stalls shall be provided on-site, or the owner of the property on which there is a dwelling unit must provide to the City proof, in the form of a contract or lease, that they have obtained the right to use the necessary number of parking stalls off site at the time of the issuance of the Conditional Use Permit and annually by January 1st of each year thereafter.
          3. Joint business/dwelling unit parking facilities are permitted provided that the total number of spaces shall equal the total number of parking spaces required for each use.
        2. Dwelling units proposed for the main floor of a building are subject to the following requirements:
          1. The minimum floor area for a business use shall be no less than 60% of the total main floor area, excluding garage space, and shall be no less than 850 square feet in size.
          2. The minimum dwelling unit size shall be no less than 400 square feet for an efficiency apartment and no less than 520 square feet for a one-bedroom apartment.
          3. The residential portion of the structure may not abut the front of the building, the location of which shall be identified in the Conditional Use Permit.
        3. The development of new attached single family and multiple family dwelling units or the renovation of an existing building shall be subject to the requirements found in Table 9-3.

          Table 9-3: B-2 Residential Development Standards

          		New Construction
          		Renovation
          Base Lot Area
          		18,000 square feet
          		N/A
          Lot area per dwelling unit
          		2,000 square feet
          		N/A
          Setbacks
          		Those assigned to the B-2 zoning district
          		Those assigned to the B-2 zoning district
          Screening requirement if abutting a lower density residential zoning district
          		YES
          		YES
          Maximum lot coverage
          		50%
          		50%
          Parking Requirements
          		2 per unit
          		2 per unit
          Landscaping
          		See Section 10.2
          		See Section 10.2
        4. Building architecture for new construction and any renovation of an existing building shall be designed to reflect the architecture found in the immediate neighborhood.
      4. If in a B-4 district, multiple family units shall be in the form of apartments or condominiums.
        1. These residential units may be located in a free-standing building or above the first floor of an existing building.
        2. A free-standing building shall be subject to the following additional requirements:
          1. The proposed site does not interrupt the flow of commercial pedestrian traffic in the B-4 zoning district.
          2. The minimum dwelling unit size shall be no less than 520 sq ft for a one-bedroom apartment or 400 sq ft for an efficiency apartment.
      5. The development of new attached single family and multiple family dwelling units or the renovation of an existing building shall be subject to the requirements found in Table # 9-4.

        Table 9-4: B-4 Residential Development Standards

        		New Construction
        		Renovation
        Base Lot Area
        		8,000 square feet
        		N/A
        Lot area per dwelling unit
        		1,500 square feet
        		N/A
        Setbacks
        		NONE
        		NONE
        Screening requirement if abutting a lower density residential zoning district
        		YES
        		YES
        Maximum lot coverage
        		75%
        		N/A
        Parking Requirements
        		1 per unit
        		1 per unit
        Landscaping
        		See Section 10.2
        		See Section 10.2
      6. Building architecture for new construction and any renovation of an existing building shall be designed to reflect the architecture found in the immediate neighborhood.
    6. Group Residential Facility.
      1. A licensed day care facility qualifying as a group residential facility shall adhere to the following:
      2. Adequate off-street parking and access shall be provided in compliance with Section 10.7 of this Ordinance.
      3. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.
    7. Manufactured Homes/Manufactured Home Park.
      1. Manufactured Homes in General. All manufactured homes within the City of New Ulm shall be built in conformance with the Minnesota Manufactured Home Code and comply with all provisions of this Ordinance.
      2. Manufactured Home Park. Development of a new manufactured home park shall be encouraged to use the Planned Unit Development (PUD) process to allow the City to vary or modify the strict application requirements of this Section for a manufactured home park to more readily accommodate this type of development. However, absent development through a PUD, the following requirements shall apply:
        1. Park Management. The owner(s) of the manufactured home park shall operate in compliance with this Section and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition.
        2. In General:
          1. The minimum total manufactured home park area shall be ten acres.
          2. The minimum lot width of the park is 500 feet.
          3. Each designated manufactured home site shall not be less than 5,000 square feet.
          4. Manufactured homes shall be the only permitted dwelling type in a manufactured home park.
          5. There shall be no outdoor camping anywhere in a manufactured home park.
          6. Each manufactured home must have its own garbage or refuse service.
          7. Every manufactured home park shall provide a community disaster shelter of sufficient design capacity as approved by the City pursuant to applicable rules, regulations and law pertaining to the same.
          8. No part of any manufactured home park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
          9. All manufactured homes must be securely anchored in a manner which complies with the requirements of the Minnesota Building Code for resisting wind forces.
        3. Grading, Drainage and Groundcover:
          1. The condition of soil, ground water level, drainage, topography shall not create hazards to the property or the health and safety of the occupants.
          2. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
          3. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone, screening or other solid material, or protected with a grass that is capable of preventing soil erosion and will eliminate objectionable dust.
          4. No portion of a manufactured home park shall be located in a floodplain district.
          5. The development of the manufactured home park must comply with the City of New Ulm Storm Water Ordinance and the Minnesota Pollution Control Agency NPDES Permit for Construction Activity.
        4. Setbacks and Lot Requirements.
          1. Manufactured homes shall maintain a 10-foot setback from the side and rear property lines of a manufactured home site.
          2. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, and porch which has an opaque top or roof, shall, for purposes of all separation requirements, be considered to be part of the manufactured home. However, building code separation requirements shall still apply.
          3. An accessory building shall maintain a 5-foot setback from the rear or side of a manufactured home site.
          4. There shall be a minimum distance of twenty (20) feet between the manufactured home and an abutting park street.
          5. All manufactured homes, off-street parking spaces, and structures shall be located at least thirty (30) feet from any property boundary line abutting upon a public street or highway.
          6. Each manufactured home site shall have frontage on an approved roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.
          7. Dedicated storage area(s) and building(s) shall be for the sole use of the residents of the manufactured home park and are not available for use by nonresidents.
        5. Screening and Open Space.
          1. All manufactured home parks located adjacent to residential, recreational, commercial or industrial land uses shall provide screening such as fences, shrubs, trees along the property boundary line separating the park and such uses, and shall be maintained by the owner(s) in a neat and orderly manner.
          2. A minimum of five (5) percent of the total manufactured home park shall be provided as definable play areas and open space. Open space and play areas shall not be included within any setback nor shall they include any areas of less than thirty feet in length or width.
        6. Parking. Each manufactured home site shall be served by two (2) off-street parking spaces for automobiles surfaced with a hard surface of bituminous, concrete or crushed rock.
        7. Utilities.
          1. All manufactured homes shall be connected to a public water and sanitary sewer system.
          2. All installations for disposal of surface storm water must be approved by the City.
          3. All utility connections shall be as approved by the City.
          4. The source of fuel for cooking, heating, or other purposes at each manufactured home site shall be as approved by the City.
          5. All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes.
          6. No obstruction shall be permitted that impedes the inspection or maintenance of plumbing, electrical facilities, and related manufactured home equipment.
          7. The method of garbage, waste, and trash disposal must be approved by the City.
          8. Owner shall pay any required sewer, water, electrical or natural gas and connection fees to the City.
        8. Lighting:
          1. Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like.
          2. The manufactured home park grounds shall be lighted as approved by the City from sunset to sunrise.
  6. Regulations for Public and Institutional Uses.
    1. Active Park Facilities – Private.
      1. Private park facilities must be operated only for the enjoyment and convenience of the associated members, associated residents and their guests.
      2. All buildings or structures on the property shall comply with the applicable zoning district standards in which the property is located.
      3. Sufficient off-street parking shall be provided to meet the demand created by all activities on the property.
      4. A parking requirement shall be determined based on the procedures set forth in Section 10.7 of this Ordinance.
    2. Assisted Living Facilities.
      1. The development must be located on an independent parcel; 30% of the parcel must be preserved as open space.
      2. Efficiency units shall be a minimum floor area of 400 square feet and shall not exceed twenty (20) percent of the total number of apartments in the building.
      3. One-bedroom units shall have a minimum floor area of 520 square feet.
    3. Cemetery.
      1. New cemeteries shall be located on a site or parcel with an area of at least 2.5 acres.
      2. New cemeteries shall be located on a site or parcel that fronts a major/minor arterial or collector street.
      3. Cemeteries shall include adequate space for the parking and maneuvering of funeral processions.
      4. Interments shall take place at least 50 feet from any exterior lot line.
    4. Hospital.
      1. The hospital shall be located on a site of at least two (2) acres.
      2. The hospital shall be located on a parcel that fronts or has direct access to a major/minor arterial or collector street.
    5. Nursing/Convalescent Home.
      1. Side yards shall be double the minimum requirements established for the applicable zoning district.
      2. When abutting a residential use in a residential zoning district, the property shall be screened as described in Section 10.2.D of this Ordinance.
      3. One (1) off-street loading space in compliance with Section 10.8 of this Ordinance shall be installed prior to occupancy of the building.
    6. Place of Public Assembly.
      1. Places of Public Assembly on parcels exceeding 20,000 square feet in area shall be located in proximity to an arterial or collector street.
      2. When abutting a residential use in a residential use district, the property shall be screened as described in Section 10.2.D of this Ordinance.
      3. Adequate off-street parking and access shall be provided on the site or on property directly abutting or directly across a public street or alley to the principal use in compliance with Section 10.7 of this Ordinance and that such parking shall be adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 10.2 of this Ordinance.
      4. Any parking lot located across a public street or alley must be at least 20,000 square feet in area.
      5. Adequate off-street loading and service entrances shall be satisfactorily provided.
      6. No structure or accessory structure shall be located within 50 feet of any abutting lot line in any of the residential zoning districts or a residential use.
      7. No parking area, parking stalls, traffic lanes, entrances, exits, parking barriers or signs shall be located within five feet of any abutting lot line in any of the residential zoning districts.
      8. A parking area shall maintain the same setbacks as those provided for in the underlying zoning district in which the parking area is located.
      9. Building architecture for new construction and any renovation of an existing building shall be designed to reflect the architecture found in the immediate neighborhood.
    7. Public Building, Structure or Use.
      1. When abutting a residential use in a residential use district, the property shall be screened as described in Section 10.2.D of this Ordinance.
      2. Building architecture for new construction and any renovation of an existing building shall be designed to reflect the architecture found in the immediate neighborhood.
      3. Adequate off-street parking and access shall be provided on the site or on property directly abutting or directly across a public street or alley to the principal use in compliance with Section 10.7 of this Ordinance and that such parking shall be adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 10.2 of this Ordinance.
        1. Any parking lot located across a public street or alley from the principal use must be at least 20,000 square feet in area.
      4. Adequate off-street loading and service entrances shall be provided in accordance with 10.8 of this Ordinance.
      5. No structure or accessory structure shall be located within 50 feet of any abutting lot line in any of the residential zoning districts or a residential use.
      6. No parking area, parking stalls, traffic lanes, entrances, exits, parking barriers or signs shall be located within 10 feet of any abutting lot line in any of the residential zoning districts or a residential use.
    8. Schools (PreK - 12).
      1. Educational institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street.
      2. When abutting a residential use in a residential use district, the property shall be screened as described Section 10.2.D of this Ordinance.
      3. Adequate off-street loading and service entrances shall be provided in accordance with Section 10.8 of this Ordinance.
      4. Building architecture for new construction and any renovation of an existing building shall be designed to reflect the architecture found in the immediate neighborhood.
      5. Adequate off-street parking and access shall be provided on the site or on property directly abutting or directly across a public street or alley to the principal use in compliance with Section 10.7 of this Ordinance and that such parking shall be adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 10.2 of this Ordinance.
        1. Any parking lot located across a public street or alley must be at least 20,000 square feet in area.
      6. No structure or accessory structure shall be located within 50 feet of any abutting lot line in any of the residential zoning districts or a residential use.
      7. No parking area, parking stalls, traffic lanes, entrances, exits, parking barriers or signs shall be located within five (5) feet of any abutting lot line in any of the residential zoning districts or a residential use.
    9. Utilities (Major).
      1. No structure, including an electrical power facility, substation, or transmission station as a principal use of property and all accessory structures shall be set back at least 50 feet from all lot lines. Service or storage yards shall be prohibited.
      2. When abutting a residential use in a residential use district, the property shall be screened as described in Section 10.2.D of this Ordinance.
      3. Building architecture for new construction and any renovation of an existing building shall be designed to reflect the architecture found in the immediate neighborhood.
      4. Adequate off-street parking and access shall be provided on the site or on property directly abutting or directly across a public street or alley to the principal use in compliance with Section 10.7 of this Ordinance and that such parking shall be adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 10.2 of this Ordinance.
        1. Any parking lot located across a public street or alley must be at least 20,000 square feet in area.
      5. Adequate off-street loading and service entrances shall be satisfactorily provided.
      6. No parking area, parking stalls, traffic lanes, entrances, exits, parking barriers or signs shall be located within ten feet of any abutting lot line in any of the residential zoning districts or a residential use.
  7. Regulations for Commercial Uses.
    1. Reserved.
    2. Auto Repair – Minor.
      1. The following standards shall apply to Auto Repair - Minor uses established prior to August 1, 2023:
        1. The property owner shall submit to the Community Development Department a Site Plan of the business property on or before September 30, 2023. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of existing facilities on the property as of August 1, 2023. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 2.a.Vehicle storage shall not be located within or upon any public right-of-way or any other City-owned property.
        2. Outdoor storage of vehicles or business-related equipment or furnishings shall not be located within or upon any public right-of-way or any City owned property.
        3. Vehicles shall not be stored or parked on the property for longer than 30 days as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. In cases where a vehicle is awaiting a shipment of parts needed to complete a repair, the vehicle may remain on site as reasonably necessary after the 30-day period to allow for the repair to be completed following the delivery of the parts. Vehicles that have been repaired on the property and are awaiting removal shall not be stored or parked on the property in excess of thirty (30) consecutive days following the completion of the repair. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
        4. No more than five (5) inoperable or junked vehicles are allowed on the property in the front yard area. A maximum of five (5) additional inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
        5. All work on vehicles shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside.
        6. Outdoor storage of vehicles or machine parts and materials related to the repair operations is prohibited within the applicable front lot setback.
        7. The expansion of an existing outdoor storage area, building addition or the construction of a new building or associated facility that is greater than twenty-five percent (25%) of the existing building footprint area will require all vehicle storage areas be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
        8. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
        9. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights-of-way.
        10. All lighting shall comply with Section 10.4 of this Ordinance.
        11. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
        12. Uses subject to this subsection 9.2.G.2.a shall fully comply with the site plan approved pursuant to subparagraph i. above on or before October 31, 2023.
      2. The following standards shall apply to Auto Repair – Minor uses established after August 1, 2023:All lighting shall comply with Section 10.4 of this Ordinance.
        1. The property owner shall submit to the Community Development Department a Site Plan of the business property. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of new facilities or additions to existing facilities on the property. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 2.b.
        2. Vehicle storage shall not be located within or upon any public right-of-way or any other City-owned property.
        3. No more than ten (10) inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and shall meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
        4. Vehicles shall not be stored or parked on the property for longer than 30 days as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. In cases where a vehicle is awaiting a shipment of parts needed to complete a repair, the vehicle may remain on site as reasonably necessary after the 30-day period to allow for the repair to be completed following the delivery of the parts. Vehicles that have been repaired on the property and are awaiting removal shall not be stored or parked on the property in excess of thirty (30) consecutive days following the completion of the repair. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
        5. All work on vehicles shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside.
        6. Outdoor storage of vehicles or machine parts and materials related to the repair operations is prohibited within the applicable front yard set back, and such outdoor storage shall otherwise be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
        7. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights- of-way.
        8. When abutting a residential use, the property shall be screened with an aesthetic buffer as described in Section 10.2.D of this Ordinance.
        9. The outside sales and display area shall be hard surfaced and shall not utilize parking spaces which are required for conformance with this Ordinance.
        10. All lighting shall comply with Section 10.4 of this Ordinance.
        11. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
        12. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
        13. Uses subject to this subsection 9.2.G.2.b shall at all times fully comply with the site plan approved pursuant to subparagraph i. above.

    3. Automotive Wash Facilities. All automotive wash facilities shall adhere to the following standards:
      1. When abutting a residential use, the property shall be screened with an aesthetic buffer as described in Section 10.2 of this Ordinance.
      2. All lot lines abutting or adjacent to residential districts or uses shall install a solid masonry wall or fence not less than six feet in height.
      3. All lighting shall comply with Section 10.4 of this Ordinance.
      4. Surface treatment standards for the site shall comply with Section 10.7.J.2 of this Ordinance.
      5. The entire site shall have a drainage system which is subject to the approval of the Community Development Department.
      6. Vehicular access points shall be limited and shall create a minimum of conflict with through traffic movement.
      7. All signing and informational or visual communication devices shall be in compliance with Section 10.5 of this Ordinance.
      8. Provisions are made to control and reduce noise.
      9. Facilities shall have direct access to a major/minor arterial or collector street.
      10. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights-of-way and shall be subject to the approval of the Community Development Department.
      11. Vacuum and drying facilities shall be located in an enclosed structure located away from any residential use to minimize the impact of noise.
      12. No car wash facility on a site contiguous to any residential district may be operated between the hours of 10 P.M. and 7 A.M.
    4. Bed and Breakfast Facilities. Bed and breakfast facilities must comply with regulations set forth in Section 4.65 of the City Code.
    5. Brew Pub/Brewery.
      1. All malt liquor production shall be within a completely enclosed structure.
      2. A facility within or adjacent to any non-industrial zoning district that produces odorous matter in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line is prohibited. An air quality plan approved by the Minnesota Pollution Control Agency may be required.
      3. Outdoor storage may be allowed as an accessory use provided that it is screened as described in Section 10.2 of this Ordinance.
      4. An open-air patio area may be allowed as an accessory use to a brewery with a taproom provided it meets the standards identified in Section 9.3.D.16 as licensed by the City.
      5. The premises, all adjacent streets, sidewalks and alleys, within 100 feet of the facility shall be inspected regularly for the purposes of removing litter found thereon. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided.
      6. A parking plan for the site must be approved prior to the submittal and approval of a liquor license for the business. The parking plan must include designated pedestrian routes to ensure safe pedestrian travel while on the property, as well as food truck or food delivery vehicle parking if such accessory use is requested.
      7. Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any landscape buffer.
      8. By-products and waste from the production of malt liquor shall be properly disposed of off the property.
      9. Mechanical equipment shall be placed and or/screened to minimize the visual impact on adjacent properties and from public streets.
      10. A brewery or brew pub must comply with all applicable provisions of the law and obtain all required licenses.
    6. Child Care Center.
      1. No overnight facilities shall be provided for children served by the daycare. Children must be delivered and removed from the facility daily.
      2. All state laws and statutes governing such use shall be strictly adhered to and all required operating permits shall be secured and maintained.
      3. Any outside play space shall be completely enclosed within a five (5) foot high fence.
      4. In addition to items (a) and (b) above, child care centers in the I-1, I-2, and I-3 districts, are required to obtain a conditional use permit and shall adhere to the following additional requirements:
        1. Only be allowed as a use which complements a primary business;
        2. Only be conducted in the principal building of the owner of the business, and not exceed 20% of the total principal building square footage or be located on the same property as the business;
        3. Be physically separated from the other activities occurring in the principal building.
    7. Hotel or Motel. All hotels and motels shall adhere to the following:
      1. A hotel or motel shall have its principal frontage, access, and orientation direction on an arterial street or collector street unless it is located in the B-4 zoning district.
      2. Vehicular access from a street located in a residential zoning district is discouraged.
    8. Communications/Broadcasting. All communication antennas, antenna support structures and satellite dishes shall adhere to the applicable accessory use requirements for such outlined in Section 10.10 of this Ordinance.
    9. Convenience Store.
      1. The site is adequately served by an arterial collector street.
      2. Adequate screening and landscaping from neighborhood residential districts is provided in accordance with Section 10.2.D.
      3. Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections.
      4. Building setback from residential uses must be a minimum of 30 feet.
      5. Parking lot setback from residential uses must be a minimum of 15 feet.
      6. All lighting shall comply with Section 10.4 of this Ordinance. The lighting shall be restricted to the hours of operation, within one-half hour of open and close times.
      7. The entire area shall have a drainage system which is subject to approval by the Community Development Department.
      8. Surface treatment standards for the site shall comply with Section 10.7.J.2 of this Ordinance.
      9. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights-of-way and shall be subject to the approval of the Community Development Department.
      10. In addition to the above requirements, if in the B-4 zoning district, the following conditions shall apply:
        1. Site planning shall maximize building exposure to the street.
        2. Drive-through facilities shall be located to minimize their exposure to the street.
        3. Accessory structures, including canopies, menu boards, pay windows, and other structures supporting drive-through functions shall be constructed of materials to match those of the principal building.
    10. Country Club.
      1. The principal use, function, or activity shall be open and outdoor in character.
      2. Not more than five (5) percent of the land area of the site shall be covered by buildings or structures associated with the principal use.
      3. When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer as described in Section 10.2.D of this Ordinance.
      4. Conformity with the surrounding neighborhood and its architecture shall be maintained and buildings are set back from the adjoining residential districts no less than the adjoining residential setback.
      5. Adequate off-street parking and access shall be provided on the site or on property directly abutting or directly across a public street or alley to the principal use in compliance with Section 10.7 of this Ordinance and that such parking shall be adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 10.2 of this Ordinance.
        1. Any parking lot located across a public street or alley must be at least 20,000 square feet in area.
      6. Adequate off-street loading and service entrances shall be satisfactorily provided.
      7. No structure or accessory structure shall be located within 50 feet of any abutting lot line in any of the residential zoning districts or a residential use.
      8. No parking area, parking stalls, traffic lanes, entrances, exits, parking barriers or signs shall be located within 10 feet of any abutting lot line in any of the residential zoning districts or a residential use.
    11. Distillery, Micro/Distillery.
      1. All malt liquor production shall be within a completely enclosed structure.
      2. A facility within or adjacent to any non-industrial zoning district that produces odorous matter in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line is prohibited. The facility must comply with the standards governing odor emissions as regulated by the law. An air quality plan approved by the Minnesota Pollution Control Agency may be required.
      3. A facility within or adjacent to any non-industrial zoning district that produces amplified sound in such quantities as to be readily detectable so as to cause annoyance or discomfort from any point along the property line is prohibited. The use must comply with the standards governing amplified sound as regulated by the law.
      4. Outdoor storage may be allowed as an accessory use provided that it is screened with an aesthetic buffer as described in Section 10.2 of this Ordinance.
      5. An open air patio area may be allowed as an accessory use to a brewery with a taproom provided it meets the standards identified in Section 9.3. D. 22.
      6. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the facility shall be inspected regularly for the purposes or removing litter found thereon. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided.
      7. A parking plan for the site must be approved prior to the submittal and approval of a liquor license for the business. The parking plan must include designated pedestrian routes to ensure safe pedestrian travel while on the property, as well as food truck or food delivery vehicle parking if such accessory use is requested. Required parking and loading spaces shall be located on the same lot or development site as the use served. Required parking and loading spaces and the driveways providing access to them shall not be used for storage, display, sales, rental or repair of motor vehicles or other goods, or for the storage of inoperable vehicles or snow.
      8. In cases where future potential uses of a building may generate additional parking demand, the city may require the parking plan for the site to show how the anticipated parking demand will be met. The city may permit the additional land area that would be required for anticipated parking to be placed in reserve as landscaped open space until needed.
      9. A traffic plan describing the number of daily truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area. Traffic through local residential streets shall be prohibited unless specifically allowed by the traffic plan. The parking plan must show loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any landscape buffer.
      10. No outdoor storage is permitted on the site, with the exception that refuse and/or recycling collection areas may occur in an enclosure that is fully screened with a wall or fence no less than six feet in height from adjoining streets and residentially zoned properties.
      11. By-products and waste from the production of malt liquor shall be properly disposed of off the property.
      12. Mechanical equipment shall be placed and or/screened so as to minimize the visual impact on adjacent properties and from public streets.
      13. A micro distillery or distillery must comply with all applicable provisions of the law and obtain all required licenses.
      14. Any retail sales of alcoholic beverages may only occur during the hours permitted by law and ordinance. No sales or display shall take place on any street right-of-way.
    12. Entertainment/Recreation – Outdoor Commercial.
      1. When abutting a residential use, the property shall be screened with an aesthetic buffer as described in Section 10.2.D of this Ordinance.
      2. Adequate measures to contain the proposed activity on the subject site shall be provided.
      3. Dust and noise shall be controlled consistent with this Ordinance.
    13. Entertainment/Recreation – Indoor Commercial.
      1. The site is adequately served by an arterial collector street.
      2. To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with those used in the immediate neighborhood.
      3. Each side yard is a minimum of twenty-five (25) feet.
      4. Off-street parking may be provided on the site or on an abutting site, which may be separated from the site by a public street or alley.
      5. Any parking lot located across a public street or alley must be at least 20,000 square feet in area.
    14. Financial Institutions.
      1. Drive-thru service, if approved as an accessory use to a financial institution, shall be located to the side or rear of the principal building whenever feasible.
      2. Property designated as a Historic Preservation Landmark or located in a Historic Preservation District shall not place a drive-through facility so as to cross a front yard property line.
    15. Funeral Services.
      1. Funeral homes shall have its principal frontage, access, and orientation direction on an arterial or collector street.
      2. All structures shall be located so as to minimize the use of a residential street.
    16. General Retail Sales and Services.
      1. In the B-4 zoning district, the following conditions should apply:
        1. Building architecture for new construction and any renovation of an existing building shall be designed to reflect the architecture found in the Commercial Center Historic District.
        2. Private parking shall be located at the rear of the building.
    17. Kennels, Commercial.
      1. All buildings occupied by a commercial kennel shall be located at least one thousand (1,000) feet from the boundary of any R-1, R-1S, RT-1, R-2, RT-2, R-3 and R-4 zoning districts.
      2. The commercial kennel shall be sufficiently insulated so that no unreasonable amount noise or odor can be detected off the premises.
      3. Accessory use to a commercial kennel may include retail sales of products for or related to household pets, if the accessory use does not occupy more than 20% of the total gross floor area of the principal building.
      4. Commercial kennels are subject to regulations set for in Section 4.95 of the City Code.
    18. Landscaping/Nursery Business. The business shall be located next to a collector or arterial street as identified in the Comprehensive Plan, or otherwise located so that access to the site will minimize the use of local residential streets.
    19. Office. Outdoor storage shall be prohibited.
    20. Personal Services.
      1. Establishments engaged in dry cleaning shall be self-contained in terms of noise and fumes with no venting to the outside of the building.
      2. Tattoo facilities and providers shall be required to comply with the requirements of the Minnesota Department of Health licensing requirement, and display evidence of such compliance in a conspicuous location within the establishment.
    21. Repair Establishments.
      1. Outdoor storage shall be prohibited in the B-2 district.
      2. No process involved in a repair operation shall produce noise, vibration, air pollution, fire hazard, or noxious emissions which will disturb or endanger neighboring properties.
    22. Restaurants.
      1. For all restaurants, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply:
        1. The use shall require authorization through a Conditional Use Permit.
        2. Primary access from local residential streets shall be prohibited.
      2. Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:
      3. When abutting a residential use, the property shall be screened as described in Section 10.2.D of this Ordinance.
      4. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the Community Development Department.
      5. If in the B-4 District, the following standards shall also apply:
        1. The design of the site promotes pedestrian access adjacent to and in the vicinity of the property.
        2. Site lighting shall utilize fixtures similar in style to that designated by the City for use in public areas of the “B-4” district.
    23. Vehicle Sales or Rental
      1. The following standards shall apply to Vehicle Sales or Rental uses established prior to August 1, 2023:
        1. The property owner shall submit to the Community Development Department a Site Plan of the business property on or before September 30, 2023. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of existing facilities on the property as of August 1, 2023. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 21.a.
        2. Notwithstanding the zoning district’s applicable front lot line setback, auto dealers licensed by the State of Minnesota may store and display vehicles that are not inoperable or junked vehicles for sale within such setback area; however, no vehicles, business-related equipment or furnishings or other personal property may be stored or placed within or upon any public right-of-way or City-owned property.
        3. Vehicles shall not be stored or parked on the property for longer than 30 days as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. In cases where a vehicle is awaiting a shipment of parts needed to complete a repair, the vehicle may remain on site as reasonably necessary after the 30-day period to allow for the repair to be completed following the delivery of the parts. Vehicles that have been repaired on the property and are awaiting removal shall not be stored or parked on the property in excess of thirty (30) consecutive days following the completion of the repair. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
        4. No more than five (5) inoperable or junked vehicles are allowed on the property in the front yard area. A maximum of five (5) additional inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
        5. Except as allowed in subparagraph ii. above, outdoor storage of vehicles or machine parts and materials related to the repair operations is prohibited within the applicable front lot setback.
        6. The expansion of an existing outdoor storage area, building addition or the construction of a new building or associated facility that is greater than twenty-five (25%) percent of the existing building footprint area will require all vehicle storage areas to be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
        7. All work on vehicles shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside. viii. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights- of-way.
        8. The outside sales and display area shall be hard surfaced and shall not utilize parking spaces which are required for conformance with this Ordinance.
        9. All lighting shall comply with Section 10.4 of this Ordinance.
        10. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
        11. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
        12. Uses subject to this subsection 9.2.G.21.a shall fully comply with the site plan approved pursuant to subparagraph i. above on or before October 31, 2023.
      2. The following standards shall apply to Vehicle Sales or Rental uses established after August 1, 2023:
        1. The property owner shall submit to the Community Development Department a Site Plan of the business property. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of new facilities or additions to existing facilities on the property. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 21.b.
        2. Vehicle storage shall not be located within or upon any public right-of-way or any other City-owned property.
        3. No more than ten (10) inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and shall meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
        4. Vehicles shall not be stored or parked on the property for longer than 30 days as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. In cases where a vehicle is awaiting a shipment of parts needed to complete a repair, the vehicle may remain on site as reasonably necessary after the 30-day period to allow for the repair to be completed following the delivery of the parts. Vehicles that have been repaired on the property and are awaiting removal shall not be stored or parked on the property in excess of thirty (30) consecutive days following the completion of the repair. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
        5. All work on vehicles shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside.
        6. Outdoor storage of vehicles or machine parts and materials related to the repair operations is prohibited within the applicable front lot setback, and such outdoor storage shall otherwise be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
        7. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights- of-way.
        8. When abutting a residential use, the property shall be screened with an aesthetic buffer as described in Section 10.2.D of this Ordinance.
        9. The outside sales and display area shall be hard surfaced and shall not utilize parking spaces which are required for conformance with this Ordinance.
        10. All lighting shall comply with Section 10.4 of this Ordinance.
        11. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
        12. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
        13. Uses subject to this subsection 9.2.G.21.b shall at all times fully comply with the site plan approved pursuant to subparagraph i. above. The outside sales and display area shall:
        14. Be hard surfaced.
        15. Not utilize parking spaces which are required for conformance with this Ordinance.
    24. Vehicle Service Station.
      1. The entire site shall have a drainage system which is subject to approval by the Community Development Department.
      2. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights-of-way and shall be subject to the approval of the Community Development Department.
    25. Veterinary Services.
      1. The site shall be designed to prevent animal waste from being exposed to stormwater or entering the stormwater system, lakes, or water conveyances. If an area is provided for animals, it shall not be exposed to stormwater and the waste shall immediately be picked up and disposed of properly.
      2. Animals shall not be kept outdoors or be allowed to remain outside unsupervised.
      3. No outside storage of carcasses shall be permitted.
    26. Cannabis Retail.
      1. A cannabis retail business must have a license or endorsement from the Minnesota Office of Cannabis Management authorizing the retail sale of cannabis, cannabis products, and hemp products to end customers, and a retail registration issued by the City.
      2. No cannabis retail business shall operate:
        1. within 1,000 feet of a school;
        2. within 500 feet of a day care;
        3. within 500 feet of a residential treatment facility; or
        4. within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.
  8. Regulations for Industrial Uses.
    1. Auto Repair - Major.
      1. The following standards shall apply to Auto Repair – Major uses established prior to August 1, 2023:
        1. The property owner shall submit to the Community Development Department a Site Plan of the business property on or before September 30, 2023. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of existing facilities on the property as of August 1, 2023]. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 1.a.
        2. Outdoor storage of vehicles or business-related equipment or furnishings shall not be located within or upon any public right-of-way or any City-owned property.
        3. Vehicles shall not be stored or parked on the property longer than 30 days as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. In cases where a vehicle is awaiting a shipment of parts needed to complete a repair, the vehicle may remain on site as reasonably necessary after the 30-day period to allow for the repair to be completed following the delivery of the parts. Vehicles that have been repaired on the property and are awaiting removal shall not be stored or parked on the property in excess of thirty (30) consecutive days following the completion of the repair. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
        4. No more than five (5) inoperable or junked vehicles are allowed on the property in the front yard area. A maximum of five (5) additional inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
        5. Outdoor storage of vehicles or machine parts and materials related to the repair operations is prohibited within the applicable front lot setback.
        6. The expansion of an existing outdoor storage area, building addition or the construction of a new building or associated facility that is greater than twenty-five (25%) percent of the existing building footprint area will require all vehicle storage areas to be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
        7. All work on vehicles shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside. viii. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
        8. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public right-of-way.
        9. All lighting shall comply with Section 10.4 of this Ordinance.
        10. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
        11. Uses subject to this subsection 9.2.H.1.a shall fully comply with the site plan approved pursuant to subparagraph i. above on or before October 31, 2023.
      2. The following standards shall apply on to Auto Repair – Major uses established after August 1, 2023:
        1. The property owner shall submit to the Community Development Department a Site Plan of the business property. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of new facilities or additions to existing facilities on the property. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 1.b.
        2. Vehicle storage shall not be located within or upon any public right-of-way or any other City owned property.
        3. No more than ten (10) inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and shall meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
        4. Vehicles shall not be stored or parked on the property for longer than 30 days as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. In cases where a vehicle is awaiting a shipment of parts needed to complete a repair, the vehicle may remain on site as reasonably necessary after the 30-day period to allow for the repair to be completed following the delivery of the parts. Vehicles that have been repaired on the property and are awaiting removal shall not be stored or parked on the property in excess of thirty (30) consecutive days following the completion of the repair. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
        5. All work on vehicles shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside.
        6. Outdoor storage of vehicles or machine parts and materials related to the repair operations is prohibited within the applicable front lot setback, and such outdoor storage shall otherwise be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
        7. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights- of-way.
        8. When abutting a residential use, the property shall be screened with an aesthetic buffer as described in Section 10.2.D of this Ordinance.
        9. The outside sales and display area shall be hard surfaced and shall not utilize parking spaces which are required for conformance with this Ordinance.
        10. All lighting shall comply with Section 10.4 of this Ordinance.
        11. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
        12. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
        13. Uses subject to this subsection 9.2.H.1.b shall at all times fully comply with the site plan approved pursuant to subparagraph i. above.
    2. Brewery – (See “Brew Pub/Brewery” in Section 9.2.F.5)
    3. Bulk Fuel Sales and Storage. Bulk fuel shall be stored no closer than forty (40) feet from any front property line.
    4. Concrete, Asphalt, and Rock Crushing Facility. Any facility, including gravel storage areas, shall only be allowed by a Conditional Use Permit and shall meet the following submittal requirements and standards as part of the Conditional Use Permit application:
      1. Shall be located at least one thousand (1,000) feet from any residential zoning district boundary; and
      2. A site and vicinity plan that includes the following shall be provided as part of the application:
        1. A description of natural features, including wetlands, water bodies and major topographic features located on the property and within three hundred fifty (350) feet of the site.
        2. A description of the proposal including type and amount of material to be removed, overview of planned daily operations including equipment and vehicles, and discussion of how the proposed operations compare to land uses within three hundred fifty (350) feet of the site.
        3. A description of any potential environmental hazard due to existing or proposed land uses, including soil, water and air contamination.
        4. An air quality plan, as approved by the Minnesota Pollution Control Agency, shall be submitted with the conditional use permit application.
        5. A dust management plan as approved by the Minnesota Pollution Control Agency shall be submitted with the Conditional Use Permit application.
          1. Access drives and roads within the property shall be sprayed with dust suppressants as recommended by the Minnesota Pollution Control Agency, when needed to control dust. The streets used for access into the crushing area shall also be cleaned at appropriate intervals consistent with City standards, or as otherwise determined through the Conditional Use Permit.
        6. A sound attenuation plan describing sources of sound and indicating conformance with all applicable sound and noise regulations. The maximum noise level at the perimeter of the site shall comply with the limits or standards established by the Minnesota Pollution Control Agency and the U.S. Environmental Protection Agency.
        7. A vibration-dampening plan describing sources of vibration and indicating conformance with all applicable vibration regulations.
        8. A drainage plan for stormwater management and runoff.
        9. A landscape plan meeting the standards of Section 2.4.F.
        10. A traffic plan describing the number of daily truck trips the proposal will generate and the principal access routes to the facility, including a description of the facility's traffic impact on the surrounding area. Traffic through local residential streets shall be prohibited unless specifically allowed through the conditional use permit.
        11. The site area shall be no less than three (3) acres in size and have a minimum lot frontage abutting a public street of no less than two hundred (200) feet.
        12. The facility shall be located no closer than forty (40) feet from all property lines.
    5. Manufacturing and Storage of Stone, Clay, Concrete or Asphalt Products and Materials.
      1. The site on which such a facility is located shall be no less than three (3) acres in size and shall have a minimum of two hundred fifty (250) feet of lot frontage along a public street.
      2. It shall be set back from all property lines a minimum of forty (40) feet.
      3. An operation shall be located no closer than one hundred fifty (150) feet from any residential zoning district.
      4. Outdoor product storage and product handling areas shall be maintained in a neat and orderly manner, according to the approved site plan for such exterior operations and loading areas.
      5. Exterior storage areas shall comply with the outdoor storage provisions of this Ordinance, except that the height of stored products shall not exceed the height of the perimeter fence.
      6. On-site sales, including exterior sales and display of the finished product may be allowed as part of the Conditional Use Permit, subject to the outdoor sales and display provisions of this Ordinance.
    6. Distillery – (See “Distillery, Micro or Distillery” in Section 9.2.F.11)
    7. Dry Cleaning and Laundry Services. Venting of odors, gas, and fumes shall be directed away from residential uses.
    8. Extraction of Materials.
      1. This business will require the approval of an Interim Use Permit and Operations Plan.
      2. The owner shall comply with all regulations in Section 4.58 of City Code regarding excavations and gravel pits shall be complied with by the owner.
      3. The Operations Plan will include the following information:
        1. Existing and proposed contours that shall prove that the finished grade will not adversely affect the surrounding land uses or future development of the site on which the mining is to take place.
        2. A reclamation plan describing how the land will be left in a useable condition upon cessation of extraction activities.
        3. How the site will be controlled, and security maintained.
        4. Internal and external traffic circulation.
        5. Projected duration and schedule for the mining of the property.
        6. Impact on adjoining public rights-of-way.
        7. How and where mined materials will be processed.
        8. How noise, dust, vibration and similar items will be addressed during the term of the mining.
        9. Projected hours of operation on a daily, weekly, and season basis.
        10. Locations where materials may be stockpiled on the property.
        11. Types and locations of buffers protecting any adjoining residential uses.
        12. The type(s) of material being mined on the site.
        13. A plan for fire control and general maintenance of the site.
      4. On-site sales may be allowed as part of the Interim Use Permit subject to all conditions established by the City Council.
      5. The owner will ensure that business operations will not adversely impact surrounding property owners or those working at or visiting the site.
      6. The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon land reclamation is to occur and repairing the degradation of roadways used to transport mined materials.
    9. Farm and Construction Equipment Sales.
      1. No sales or display areas shall be located on a side abutting any residential district or use.
      2. Outdoor sales or display areas shall be located and designed so as not to interfere with circulation in parking, loading, and access aisles.
      3. Minimum building size shall be no less than twenty (20) percent of the lot area occupied by the use.
      4. Outdoor storage of junk vehicles, implements, and equipment shall be prohibited.
      5. Exterior display areas for the farm implements must have a gravel or paved surface.
      6. All outdoor storage areas shall be subject to the standards for an outdoor storage area listed in Section 9.3.D.17.
    10. Grain Milling/Storage.
      1. All structures shall be set back a minimum of fifty (50) feet from all property lines.
      2. The minimum site size shall be no less than five (5) acres.
      3. There shall be a minimum lot frontage abutting a public street of no less than two hundred (200) feet.
      4. Such a use shall be located no close than one hundred and fifty (150) feet from any class of residential zoning district.
    11. Land Reclamation. The following requirements which are to be reviewed and approved by the Community Development Department prior to the start of the reclamation process:
      1. A finished grading plan which will not adversely affect the adjacent land;
      2. The type of fill to be installed;
      3. A development plan for the reclaimed area;
      4. A storm water drainage plan;
      5. A plan for fire control and general maintenance of the site;
      6. Controls for vehicular ingress and egress, and material disbursed by the wind or from the hauling of material to or from the site;
      7. A calendar of specific dates when land reclamation operations will be conducted, including specific beginning and ending dates; and
      8. The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon land reclamation is to occur and repairing the degradation of roadways used to transport soils.
    12. Manufacturing, Major.
      1. The use shall be located at least one hundred fifty (150) feet from any residential zoning district, school, or day care center.
      2. Outdoor storage areas will be located to the rear of the principal structure and be screened with a fence or wall.
      3. Direct access shall be provided to an arterial or collector street.
    13. Machinery/Truck Repair & Sales.
      1. The property owner shall submit to the Community Development Department a Site Plan of the business property on or before September 30, 2023, or for newly established uses, prior to receiving any required building permit or commencing operations on the property. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of new facilities or additions to existing facilities on the property. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 13.
      2. If the business repairs semi-trucks or other large machinery, a specific area shall be designated for the exterior storage of items being repaired as well as other vehicles and equipment accessory and incidental to the vehicle or machinery being repaired or serviced.
      3. Outdoor storage of trucks, machinery, or business-related equipment or furnishings shall not be located within or upon any public right-of-way or any City-owned property.
      4. Storage of trucks or machinery on the property longer than 30 days shall not be parked or stored in required parking stalls as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. Trucks or machinery that are repaired and are awaiting removal shall not be stored or parked in excess of thirty (30) consecutive days on the property. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
      5. No more than five (5) inoperable or junked vehicles are allowed on the property in the front yard area. A maximum of five (5) additional inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
      6. Outdoor storage of trucks or machinery or parts and materials related to the repair operations is prohibited within the applicable front lot setback, and such outdoor storage shall otherwise be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
      7. All work on trucks or machinery shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside. Notwithstanding this general requirement, machinery/truck repair and sales uses that were established prior to July 1, 2023 may be permitted to conduct work on trucks or machinery outside only to the extent and in such areas that the business on the property routinely performed such work as of July 1, 2023.
      8. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights-of-way.
      9. Properties on which machinery/truck repair and sales uses are established after August 1, 2023, when abutting a residential use, shall be screened with an aesthetic buffer as described in Section 10.2.D of this Ordinance.
      10. Provisions shall be made to control and reduce noise generated from the site.
      11. The outside sales and display area shall be hard surfaced and shall not utilize parking spaces which are required for conformance with this Ordinance.
      12. All lighting shall comply with Section 10.4 of this Ordinance.
      13. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
      14. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
      15. Uses subject to this subsection 9.2.H.13 shall at all times fully comply with the site plan approved pursuant to subparagraph i. above.
    14. Recycling Facility.
      1. The facility shall be on a parcel with an area of at least four (4) acres.
      2. The facility shall be located at least five hundred (500) feet from any residential zoning district, school, or day care.
      3. Except for a freestanding office, no part of the facility shall be located within 15 feet of any property line, or the minimum buffer yard setbacks required in Section 4.1.G., whichever requires the greater setback.
      4. All recycling activities and storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of recycling activities or stored materials can be seen from adjacent rights-of-way or lots. All outdoor storage areas shall be surrounded by a solid fence or wall that is at least eight feet high, located no less than five feet from any public right-of-way, and located no less than five feet from any adjacent property.
      5. The facility shall at all times comply with the terms of the Minnesota Pollution Control Agency (MCPA) permitting for the site and shall promptly comply with any order of mitigation or correction issued by the MPCA when an inconsistency or violation is found. The City may require additional improvements to protect the City’s stormwater management system resulting from operation of the facility, including but not limited to, additional stormwater treatment, reporting, and notifications as appropriate.
      6. There shall be no collection or storage of biodegradable wastes (as defined by the MPCA) at the facility. The storage of hazardous wastes shall be, at all times, found to be in compliance with the requirements and permitting of the MPCA as applicable to the site and the material in question.
      7. Space shall be provided to park each commercial vehicle operated by the facility.
      8. The facility shall be administered by on-site personnel during the hours the facility is open.
      9. The site shall be maintained free of fluids, odors, litter, rubbish, and any other non-recyclable materials. The site shall be cleaned of debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present.
      10. Noise levels shall be controlled in accordance with Section 9.2.B.
      11. Signage shall include the name and phone number of the facility operator and indicate any materials not accepted by the facility.
      12. Access to the facility shall be from an arterial or collector street.
      13. No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on abutting properties.
    15. Scrap/Salvage Yard, Metal Milling Facility.
      1. The site on which such a facility is located shall be no less than three acres in size and shall have a minimum of two hundred (250) feet of lot frontage along a public street.
      2. The facility shall be set back from all property lines a minimum of forty (40) feet.
      3. All outside storage in such yards shall be enclosed by a 100% opaque of at least eight (8) feet in height, which fence and the materials used to construct it shall be approved by the City.
      4. No vehicles or junk shall be dismantled or stored within the 100-year flood plain.
      5. Upon receiving a motor vehicle which will not be repaired, the battery shall be removed and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable Federal and State laws, rules, and regulations. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground.
      6. The dismantling of motor vehicles shall take place during timeframes deemed reasonable by the City.
      7. No vehicle or junk shall be dismantled or stored within seventy-five (75) feet of any water body or inland wetland, regardless of size.
      8. No vehicles or junk shall be stored within three hundred (300) feet from the property line of any school, church, public playground, public park or cemetery or within ordinary view from the public facility.
      9. No vehicles or junk shall be dismantled or stored within three hundred (300) feet of a well that serves as a public or private water supply unless such well only serves the facility.
      10. No portion of any salvage or junk yard shall be located within five hundred (500) feet of any residential zoning district.
      11. A salvage dealer shall secure and maintain all necessary local and state licenses and permits.
      12. No vehicles or vehicle parts may be placed within the public right-of-way or on public property
    16. Self-Storage Facility.
      1. Operation.
        1. The only commercial uses permitted on-site shall be the rental of storage bays and the pickup and deposit of goods or property in cold storage. Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.
        2. Except as otherwise authorized in this Section, all property stored on the site shall be enclosed entirely within a building.
        3. All storage buildings shall maintain the same architectural character.
        4. The storage of flammable, perishable or hazardous materials or the keeping of animals is prohibited.
        5. If buildings or driving lanes are within 200 feet of a residential use public access to the self-storage use shall be restricted to the hours between 7:00 A.M. and 10:00 P.M.
      2. Parking and Circulation.
        1. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.
        2. The minimum width of an aisleway shall be 20 feet measured from the closest part of the structure including any overhang.
        3. All accessways shall be paved with asphalt, concrete, gravel or comparable paving materials.
        4. Vehicle circulation shall allow for two way drive aisles and no dead-ends.
      3. Building Appearance.
        1. Outdoor lighting shall be the minimum necessary to discourage vandalism and theft, and shall be provided in accordance with Section 10.4.
        2. All mechanical equipment and dumpsters shall be fully screened from off-site views in accordance with 10.2.D.2.e.
      4. Open Storage. Open storage is prohibited.
      5. Type. The intent of these standards is to allow two distinct building forms:
        1. Exterior access
        2. Interior access
    17. Sexually Oriented Uses.
      1. Purpose. The nature of sexually oriented uses is such that they are recognized as having adverse secondary characteristics and impacts, particularly when they are (a) accessible to minors, (b) located near residential property or related residential uses such as schools, day care centers, places of worship, libraries or parks, or (c) are in proximity to on-sale liquor, wine, or beer establishments. Furthermore, the concentration of sexually oriented uses has an adverse effect upon the use, value and enjoyment of adjacent areas. The nature of sexually oriented uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or certain other uses which would be adversely impacted by proximity to such sexually oriented uses. Special regulation of sexually oriented uses is necessary to ensure that the adverse secondary effects will not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property, lessening of its value or diminishing the quality of life of the occupants thereof.

        Sexually oriented uses as defined in Chapter 13 shall be subject to the following general provisions:
        1. General Provisions.
          1. Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this Ordinance be construed to allow an activity otherwise prohibited by law.
          2. Sexually oriented uses, either principal or accessory, shall be prohibited from locating in any building that is also utilized for residential purposes.
          3. A sexually oriented use that does not qualify as an accessory use pursuant to Section 9.2.E.17 shall be classified as a sexually oriented use - principal.
      2. Sexually Oriented Use - Principal.
        1. Sexually oriented use - principal shall be a permitted use in the I-1 Planned Industrial and I-2 Light Industrial zoning districts, subject to the location criteria outlined in Section 9.2.E.17.
        2. Sexually oriented use - principal shall be located at least four hundred thirty (430) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented use - principal is located to the property line of:
          1. A zoning district in which residential uses are specifically listed as a permitted or conditional use, unless the district is located in a flood plain area.
          2. A licensed day care center.
          3. A public or private educational facility classified as a pre-school, elementary, junior high, middle school, or senior high.
          4. A public library.
          5. A public park, playground or other public recreational facility.
          6. Another sexually oriented use business.
          7. Any church or hall of religious congregation or worship.
          8. An on-sale liquor, wine, or beer establishment.
        3. No sexually oriented use - principal shall be located in the same building or upon the same property as another sexually oriented use - principal.
        4. Sexually oriented use - principal shall adhere to the following sign regulations in addition to the regulations of Section 9.14:
          1. Sign messages shall be generic in nature and shall only identify the name of business and may contain no other images.
          2. Signs shall comply with the requirements of size and number for the district in which they are located.
        5. Sexually oriented use - principal shall be limited to 9:00 a.m. to 12:30 a.m. for its hours of operation. A different time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that all the following apply:
          1. Will not adversely impact or affect uses or activities within four hundred thirty (430) feet.
          2. Will not result in increased policing or related service calls.
          3. Is critical to the operation of the business.
      3. Sexually Oriented Uses - Accessory. Shall be a permitted use in the I-1 Planned Industrial and I-2 General Industrial zoning districts provided the accessory use conforms to the provisions of this subdivision.
        1. A Sexually oriented use - accessory shall:
          1. Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located.
          2. Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation.
          3. Not involve or include any activity except the sale or rental of merchandise.
        2. Sexually oriented use - accessory shall restrict from and prohibit access to minors by the physical separation of such items from areas of general public access:
          1. Motion picture rentals or sale. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
          2. Magazines. Publications classified or qualifying as sexually oriented uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
          3. Other Use. Sexually oriented use - accessory not specifically cited shall comply with the intent this Section subject to the approval of the Zoning Administrator.
        3. Sexually oriented use - accessory shall be prohibited from both internal and external advertising and signage of sexually oriented materials and products.
      4. Nonconforming Sexually Oriented Use - Principal or Accessory. Sexually oriented uses which were in existence prior to April 1, 2003, shall be classified as legal nonconforming uses and may continue in accordance with the provisions of this Chapter. If a sexually oriented use becomes nonconforming because of rezoning or the establishment of a use listed in Section 9.2.E.17, the sexually oriented use shall be considered a legal nonconforming use and may continue in accordance with the provisions of this Chapter. In no instance shall a legal nonconforming sexually oriented use be allowed to structurally expand the use on the lot on which it is located when the use became legally nonconforming, or expand the sexually oriented use to include another lot on which the sexually oriented use was not located when it became legally nonconforming. If the building in which a legal nonconforming sexually oriented use is located is destroyed by any means to an extent of greater than fifty percent (50%) of its market value, of if the building in which the legally nonconforming sexually oriented use is vacant for more than twelve (12) months, a sexually oriented use shall not be re-established unless it is in conformance with this Ordinance.
      5. Enforcement.
        1. Any person who owns, operates, or conducts a sexually oriented use business, establishment, or premises in violation of any provision of this section is guilty of a misdemeanor and upon conviction shall be punished by not more than the maximum penalty for a misdemeanor as prescribed by Minnesota law. Each day of violation of this Section shall be deemed a separate offense.
        2. Any violation of this Section shall be a basis for the suspension or revocation of the certificate of occupancy for the property or building in or on which the sexually oriented use is located. In the event the City Council proposes to revoke or suspend a certificate of occupancy, the property owner shall be notified in writing of the basis for such proposed suspension or revocation. The City Council shall hold a hearing for the purpose of whether to revoke or suspend the certificate of occupancy, which hearing shall be within 30 days of the date of the notice.
        3. The City Council shall determine whether to revoke or suspend a certificate of occupancy within thirty (30) days after the close of the hearing or within sixty (60) days of the date of the notice, whichever is sooner, and shall notify the property owner of its decision within that period.
        4. The provisions of this Section shall apply to:
          1. the owner of the property upon which a sexually oriented use is located;
          2. the owner or proprietor of a sexually oriented use business, establishment, or premises; and
          3. each employee of a sexually oriented use business.
    18. Waste Hauler.
      1. Disposal must be in accordance with Minnesota Pollution Control Agency regulations.
      2. The facility must secure applicable local, county, state, and/or federal permits.
      3. No waste shall be stored or maintained on site.
      4. At no time shall a vehicle used in the operation of waste hauling be parked within a residential area for a period exceeding three (3) hours.
    19. Warehousing, Wholesaling and Distribution.
      1. Storage areas shall not be located within a required setback.
      2. Outdoor storage areas shall be to the rear of the principal structure. All such outdoor storage shall be screened as described in Section 10.2.D.
      3. Design of the site shall be designed to ensure proper functioning of vehicle stacking, circulation, and turning movements.
      4. Direct access shall be provided to a arterial or collector street.
    20. Truck or Freight Terminal
      1. The property owner shall submit to the Community Development Department a Site Plan of the business property on or before September 30, 2023, or for newly established uses, prior to receiving any required building permit or commencing operations on the property. The Site Plan shall show the layout of where vehicles for sale, rent or repair will be stored, and the location of employee and customer parking areas. It shall also show the location of new facilities or additions to existing facilities on the property. The Site Plan shall also identify the location of areas that would be suitable for future development or expansion of the business. The Site Plan shall be subject to the approval of the Community Development Department upon determining that the Site Plan complies with the provisions of this Subsection 20.
      2. If the business repairs semi-trucks or other large machinery, a specific area shall be designated for the exterior storage of items being repaired as well as other vehicles and equipment accessory and incidental to the vehicle or machinery being repaired or serviced.
      3. Outdoor storage of trucks, machinery, or business-related equipment or furnishings shall not be located within or upon any public right-of-way or any City-owned property.
      4. Storage of trucks or machinery on the property longer than 30 days shall not be parked or stored in required parking stalls as regulated in Section 10.7, Off-Street Parking, of this Ordinance, except as allowed herein. Trucks or machinery that have been repaired on the property and are awaiting removal shall not be stored or parked on the property in excess of thirty (30) consecutive days following the completion of the repair. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as reasonably necessary after the 30-day period, up to a maximum total period of ninety (90) consecutive days, provided that the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
      5. No more than five (5) inoperable or junked vehicles are allowed on the property in the front yard area. A maximum of five (5) additional inoperable or junked vehicles may be stored on the property outside of the front yard area as long as those vehicles meet the provisions of Section 10.7, Off-Street Parking Standards, of this Ordinance. If the property at any time has more than ten (10) inoperable or junked vehicles, the use of the property shall be considered a “junkyard” and meet the provisions set forth in Section 9.2 G.15, Scrap/Salvage Yard, Metal Milling Facility.
      6. Outdoor storage of trucks or machinery or parts and materials related to the repair operations is prohibited within the applicable front lot setback, and such outdoor storage shall otherwise be screened in accordance with the standards contained in Section 10.2.D of this Ordinance.
      7. All work on trucks or machinery shall be conducted within an enclosed building, except that replacement or installation of automotive consumer products, batteries, or windshield wipers, or adding fluids may be conducted outside. Notwithstanding this general requirement, machinery/truck repair and sales uses that were established prior to July 1, 2023, may be permitted to conduct work on trucks or machinery outside only to the extent and in such areas that the business on the property routinely performed such work as of July 1, 2023.
      8. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
      9. The site shall be designed to ensure its proper functioning as related to vehicle stacking, circulation, turning movements, parking locations and vehicular access points from public rights- of-way.
      10. Properties on which truck or freight terminal uses are established after August 1, 2023, when abutting a residential use, shall be screened with an aesthetic buffer as described in Section 10.2.D of this Ordinance.
      11. Provisions shall be made to control and reduce noise generated from the site.
      12. The outside sales and display area shall be hard surfaced and shall not utilize parking spaces which are required for conformance with this Ordinance.
      13. All lighting shall comply with Section 10.4 of this Ordinance.
      14. The entire site shall have a drainage system, subject to the approval of the Community Development Department, that meets the standards set forth in Chapter 13 of the City Code of the City of New Ulm.
      15. The business shall be prohibited from using residentially zoned property either adjoining or across an alley for business activities including the storage or parking of vehicles, equipment or other business-related purposes.
      16. Uses subject to this subsection 9.2.H.20 shall at all times fully comply with the site plan approved pursuant to subparagraph i. above.
    21. Cannabis and Hemp Businesses.
      1. A cannabis or hemp business must have a license or endorsement from the Minnesota Office of Cannabis Management authorizing the activity which each business intends to perform in the City.
      2. No cannabis delivery, cannabis manufacturers, cannabis wholesale, cannabis testing facilities, cannabis transportation, and cannabis wholesale, and hemp manufacturer shall operate:
        1. within 1,000 feet of a school;
        2. within 500 feet of a day care;
        3. within 500 feet of a residential treatment facility; or
        4. within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.
HISTORY
Amended by Ord. 2025-098 on 3/4/2025

9.3 ACCESSORY USE STANDARDS

  1. Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily subordinated to principal uses. The purpose of this Section is to allow a broad range of accessory uses, so long as they comply with the standards set forth in this Section in order to reduce potentially adverse impacts on surrounding properties.
  2. General Standards and Limitations for Accessory Uses and Structures.
    1. Compliance with Ordinance Requirements. All accessory uses and accessory structures shall conform to all applicable requirements of this Ordinance. The provisions of this Section establish additional standards and restrictions for particular accessory uses and structures.
    2. General Standards. All accessory uses and accessory structures shall meet the following standards:
      1. Directly serve the principal use or structure;
      2. Be subordinate in area, extent, and purpose to the principal use or structure;
      3. Be owned or operated by the same person as the principal use or structure;
      4. Be located on the same property as the principal use or structure;
      5. Not be constructed or established prior to the time the principal use or structure is constructed or established;
      6. Not be located within platted or recorded easements or over underground public utilities;
      7. If a principal structure is removed and a building permit is not applied for within 90 days, all accessory structures shall also be removed.
      8. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served, as provided elsewhere in this Ordinance. In no case shall an accessory structure be utilized as an independent residence, either permanently or temporarily.
      9. The accessory use or structure shall not adversely affect the use and enjoyment of surrounding properties.
    3. Location of Accessory Uses or Structures (All Zoning Districts).
      1. Attached Accessory Structure. Shall be considered attached, and an integral part of the principal structure, when it is connected by an enclosed passageway. The structure shall meet the required setbacks for a principal structure as established for the zoning district in which it is located. An accessory building, unless attached to and made part of the main building, shall not be closer than five feet (5’) to the main building, except when otherwise permitted in this Ordinance or in the Minnesota Building Code. All such structures must meet applicable Building Codes related to fire separation distance.
      2. Detached Accessory Structure.
        1. Shall be located to the side or rear of the principal structure and is not permitted within the front yard or within a street side yard. When such structure is located in a side yard, the required setback shall be the same as that for the principal structure.
        2. The front of any detached accessory structure shall maintain the same setbacks as the principal structure.
        3. An accessory building shall not be placed on a lot where there is no permitted use except for the following situations:
          1. When a lot is abutting the lot where the permitted use is located;
          2. Both lots have the same owner(s), or
          3. The owner(s) sign and record an agreement with the Brown County Recorder’s Office prohibiting the sales or transfer of individual lots unless a new permitted use is built on a lot where the standalone accessory building, compliant with this Ordinance, is located or said accessory building is removed.
        4. If such an accessory building is allowed under above conditions, this Ordinance shall be applied as if two abutting lots are combined into one lot.
        5. If a lot is nonconforming in size and not abutting a lot with a permitted use and owned by the owner of the nonconforming lot, an accessory building may be allowed on the nonconforming lot with the issuance of a Conditional Use Permit.
      3. Miscellaneous Situations.
        1. An accessory building shall not be placed on a lot which, because of the lot’s topography, dimensions or area, is not a buildable lot, except when such lot abuts a buildable lot and both lots are owned by the same owner. Prior to placing the accessory building on the unbuildable lot, the owner shall enter into a written agreement with the City, which shall include the following terms:
          1. Any transfer, conveyance or assignment of any of the owner’s interest in the non-buildable lot, whether voluntary or involuntary, shall include the abutting buildable lot.
          2. In the event any conveyance, transfer or assignment does not include the interest applying to both lots, the owner of the unbuildable lot shall, within six months of the date of transfer and at the owner’s sole expense, remove the accessory building.
          3. In the event the owner has not removed the accessory building within the time required by this Ordinance, the City may declare the accessory building to be a nuisance and may, at its option, demolish or otherwise remove the accessory building from the unbuildable lot. The cost of such demolition and removal shall be paid by the owner of the unbuildable lot, and may be specially assessed against the unbuildable lot, and collected as provided for in Minn. Stat. § 429.101.
    4. Residential Accessory Structures.
      1. Specific Standards for All Residential Accessory Structures.
        1. Accessory structure space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling, and no accessory structure space is to be utilized for commercial purposes.
        2. Private accessory structures shall be used by the family or families residing upon the premises.
        3. No business, service, or industry shall be carried on within a private accessory structure unless otherwise authorized by an interim use permit.
        4. Private accessory structures shall not be used for the storage of more than one (1) commercial vehicle that is owned or operated by a resident per dwelling unit.
      2. The following buildings are not considered to be accessory uses in residential zoning districts:
        1. Doghouses, children’s play houses, fish houses, tree houses and other similar buildings that are less than fifty (50) square feet in total area are not included in the maximum number of detached accessory buildings allowed nor in lot coverage requirements.
        2. Total building area of all doghouses, children’s play houses, fish houses, tree houses and other similar buildings shall not exceed one hundred (100) square feet.
      3. Attached Accessory Structures. In no case shall the floor area of an attached garage, carport, or other accessory structure exceed the ground floor area of the principal structure located on the same lot.
      4. Detached Accessory Structures. Shall be five (5) feet or more from any other structures on the same lot. Distance between structures shall be measured from wall to wall.
      5. Maximum Height Residential Structures.
        1. Attached accessory structures shall not exceed the height of the principal structure to which it is attached.
        2. Detached accessory structures shall not exceed sixteen (16) feet in height.
      6. Maximum Number of Accessory Structures. In all residential zoning districts, the following limitations shall apply:
        1. No more than two (2) private, detached accessory structure may be erected for each lot;
        2. Detached accessory structures or uses are limited to 1,000 square feet per lot/dwellings.
      7. Appearance of Accessory Structure. Accessory structures shall generally be similar in appearance, color, materials and architecture to the principal structure.
    5. Non-Residential Accessory Structures. Accessory structures permitted in non-residential zoning districts shall meet the following requirements:
      1. Gate houses, guard shelters, structures for parking attendants, and utility structures may be located in a front or side yard at least five (5) feet from any property line.
      2. All other commercial, industrial, or agricultural accessory structures shall conform to all applicable setback and lot coverage requirements for principal structures.
      3. No accessory structure in a non-residential district shall exceed the height or floor area of the principal structure, except that agricultural structures where a farm residence also exists are exempt from this provision.
      4. Separation of accessory structures from the principal structure and other accessory structures shall meet applicable Minnesota Building Code requirements.
    6. Temporary Family Health Care Dwellings Opt-Out. The City of New Ulm opts out of the requirements of Minnesota Statute §462.3593, which defines and regulates Temporary Family Health Care Dwellings.
  3. Table of Permitted Accessory Uses.
    1. Listed Accessory Uses Table 9-5. This Table Lists the allowed types of accessory uses and structures within each zoning district. If a specific accessory use is allowed in a district, the column underneath the district is marked with a "P". If a specific accessory use is conditionally permitted in a district, the column underneath the district is marked with a "C”. If a specific accessory use is permitted as an interim use in a district, the column underneath the district is marked with an “I”. If the accessory use or structure is not allowed in a district, the column is shaded. If there is a reference contained in the column entitled "Additional Requirements", refer to the cited section(s) for additional standards that apply to the specific accessory use.
    2. Interpretation of Unidentified Accessory Uses.
      1. The Community Development Department shall evaluate uses or applications for accessory uses that are not identified in Table 9-5 on a case-by-case basis using the following standards:
        1. The definition of “accessory use” (see Section 13 – Definitions) and the general accessory use standards and limitations established in Section 9.3(B);
        2. The additional regulations for specific accessory uses established in Section 9.3(D), Additional Specific Standards for Certain Accessory Uses;
        3. The purpose and intent of the base and overlay districts in which the accessory use or structure is located;
        4. Any potential adverse impacts the accessory use or structure may have on other lands in the area as compared to other accessory uses permitted in the district; and
        5. The compatibility of the accessory use or structure, including the structure in which it is housed (if applicable), with other principal and accessory uses permitted in the zoning district.
      2. The decision of the Community Development Department to permit or deny an unlisted use or structure may be appealed pursuant to Section 2.4 (H).
        1. Table of Permitted Accessory Uses and Structures.

          TABLE 9-5 ACCESSORY USES BY DISTRICT

          Use Types

          "P" = Permitted
          "C" = Conditionally Permitted
          "I" = Interim Permitted

          Base Zoning Districts

          Additional Requirements

          R 1

          R 1 A

          R 2

          R T 1

          R T 2

          R 3

          R 4

          M H

          B 1

          B 2

          B 3

          B 4

          I 1

          I 2

          I 3

          A O S

          I N SE

          I N SM

          I N SO

          C M

          M U S

          M U T

          		 

          Accessory Structure – minor

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Accessory Structure – major

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Agricultural Structures

          		               

          P

          		       

          Air Conditioning Units

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Automated Teller Machines (ATMs)

          		         

          P

          P

          P

          		    

          P

          P

          P

          P

          P

          P

          		 

          Automobile Repair – major

          		         

          C

          C

          		  

          P

          		         

          Automobile Repair – minor

          		         

          P

          C

          		  

          P

          		  

          C

          		      

          Boarder(s)

          P

          P

          P

          P

          P

          		                  

          Bulk Fuel Sales/Storage

          		         

          P

          P

          		 

          P

          P

          		         

          Cannabis Retail

          		            C

          C

          		        9.2(G)(24) 9.3(D)(25)

          Cocktail Room (Retail Sales Accessory to Distillery or Micro-Distillery)

          		         

           

          P

           

          P

           

          P

          		 

           

          C

          		     

           

          P

          		   

          Co-located Wireless Telecommunications Antennae

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

           

          C

          		 

          Commercial Canopies

          		        

          P

          P

          P

          P

          P

          P

          P

          		 

          P

          P

          P

          P

          P

          P

          		 

          Commercial Transmission/Reception Antennae/Structures

          		         

           

          C

           

          C

           

          C

           

          C

           

          C

          		 

           

          C

           

          C

           

          C

           

          C

           

          C

          		   

          Community Laundry Facilities

          		     

          P

          P

          P

          P

          		  

          P

          		    

          P

          		   

          P

          		  

          Donation Drop-off Containers

          		         

          P

          P

          		            

          Drive-Through Services

          		         

          P

          P

          C

          P

          P

          		   

          P

          C

          C

          		 

          C

          		 

          Entertainment/Recreation – Outdoor Commercial

          		         

          C

          C

          C

          		       

          C

          		   

          Fences and Walls

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Greenhouse/Conservatory (non-commercial)

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 
          Heliports            

          C

          C

          		   

          C

          C

          		    

          Home Occupations

          P

          /I

          P

          /I

          P

          /I

          P

          /I

          P

          /I

          P

          /I

          P

          /I

          P

          /I

          P

          /I

          		  

          P

          /I

          		        

          P

          /I

          		 

          Sec.

          9.3.D.10

          Indoor Food/Convenience Sales

          		         

          P

          P

          P

          P

          P

          		 

          P

          P

          P

          P

          P

          P

          P

          		 

          In Home Daycare

          P

          P

          P

          P

          P

          		                  

          Incidental Light Manufacturing

          		        

          P

          P

          P

          P

          P

          P

          P

          		 

          P

          P

          P

          P

          P

          P

          		 

          Machinery/Trucking Repair & Sales

          		         

          C

          C

          		  

          C

          		         

          Office

          		        

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Off-street Loading Space

          		     

          C

          C

          		 

          C

          P

          P

          P

          P

          P

          P

          		 

          P

          P

          P

          P

          P

          P

          		 

          Open Sales

          		         

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          		 

          Operation and storage of agricultural vehicles, equipment, and machinery

          		               

           

          P

          		       

          Outdoor Seating – Accessory to restaurant, bar, brewery with taproom, microdistillery or distillery with cocktail room, brewpub, and/or club

          		         

           

           

          P

           

           

          P

           

           

          P

           

           

          P

           

           

          P

          		     

           

           

          P

          		   

          Outdoor Seating – Accessory to restaurant, bar, brewery with taproom, microdistillery or distillery with cocktail room, brewpub and/or club within 300' of a residential district.

          		         

           

           

           

          C

           

           

           

          C

           

           

           

          C

           

           

           

          C

           

           

           

          C

          		     

           

           

           

          C

          		   

          Outdoor Sidewalk Sales & Display (business)

          		        

          P

          P

          P

          P

          P

          P

          P

          		    

          P

          		   

          Outdoor Storage

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          C

          C

          		 

          P

          P

          C

          		 

          C

          C

          C

          P

          		   

          Park Facility Structures (public)

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Private Amateur Radio

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		   

          Private Receiving Antennae and Antennae Support Structures

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

           

          P

          		   

          Private Recreational Facilities and Equipment

          		CCCCCCCC

          C

          		      

          C

          		     

          C

          		 

          Retail Sales of Goods (as part of an office or industrial use)

          		        

          P

          P

          P

          P

          C

          C

          		 

          P

          P

          P

          P

          P

          P

          P

          		 

          Sales of Agricultural Products

          		         

          P

          P

          P

          		   

          P

          		       

          Sexually Oriented Uses – Accessory

          		            

          C

          C

          		         

          Shelters (Storm or Fallout)

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Sign(s)

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Solar Energy System

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Swimming Pool

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Taproom (Retail Sales Accessory to Production Brewery)

          		         

           

          P

           

          P

           

          P

          		 

           

          C

          		     

           

          P

          		   

          Large Trash Handling and Recycling Collection Area

          		         

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          P

          		 

          Wind Energy Conversion System, Commercial

          		            

          C

          C

          		 

          C

          		       

          Wind Energy Conversion System, Non-commercial

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          C

          		 

          Wireless Telecommunications Support Structure

          		            

          C

          C

          		 

          C

          C

          C

          C

          C

          		   


    D. Additional Specific Standards for Certain Accessory Uses.
    1. Accessory Structures (All Zoning Districts). Accessory structures that do not exceed 200 square feet do not require a building permit, but shall comply with all applicable zoning regulations.
    2. Accessory Structures (Manufactured Home - MH District).
      1. In the MH District, an accessory structure shall not exceed 35% of the total lot coverage for storage of equipment and refuse. This is permitted for each manufactured home lot provided the accessory structure can meet all required setbacks and is designed of weather resistant material that will enhance the general appearance of the lot.
      2. In the MH District, the following shall apply:
        1. Accessory storage structures in manufactured home parks, if not reviewed and approved as part of a PUD, shall be conditionally permitted subject to the following additional requirements:
          1. The storage structure and any accompanying outdoor storage area for a lot shall be for the sole use of the residents of the manufactured home park and shall not be used by non-residents.
          2. An accessory structure shall maintain a five foot (5’) setback from the rear side of a manufactured home site.
    3. Accessory Structures (Business and Industrial Zoning Districts). In all business and industrial districts, commercial or business structures and structures for a use accessory to the principal use are permitted provided that such use shall not exceed 30% of the lot coverage on which the structure is located.
    4. Automated Teller Machines. Drive-up or drive-through ATMs shall be located in a manner that will not result in stacking of vehicles in a public right-of-way.
    5. Boarders and Rentals.
      1. Within the R-1, R-1S, R-2, RT-1 and RT-2 zoning districts, the boarding or renting of rooms shall be limited to two (2) persons per dwelling unit for a period not less than 30 days.
    6. Bulk Fuel Sales & Storage.
      1. All accessory use bulk fuel storage must be associated with the principal activity on the site. In Industrial Districts, accessory fuel dispensing shall not be available for sale to the public.
      2. Accessory use bulk fuel storage may not be located within the required front yard setback.
      3. Accessory use bulk fuel storage facilities shall comply with all MPCA and State Fire Code requirements, all other permit, testing and listing requirements, and all applicable codes and standards such as NFPA 58.
    7. Cocktail Rooms. Cocktail rooms shall be permitted in B-2, B-3 and B-4 Districts the and conditionally permitted in the I-2 District as accessory uses only to a micro distillery or distillery as a principal use and subject to those conditions found in Section 9.2 for micro distillery or distillery.
    8. Donation Drop-off Containers.
      1. No more than two (2) containers shall be located on a parcel.
      2. The container shall not block access to required parking spaces or parking lot aisles.
      3. The container shall not be located within twenty-five (25) feet of a dwelling unit.
    9. Drive-Through Service.
      1. In general, all drive-through services shall adhere to the following:
        1. Service provided by the drive through facility is accessory to an interior on-site service within the same structure.
        2. Drive-through lanes shall be designed to avoid disruption of pedestrian and vehicular traffic flow, both on- and off-site.
        3. Drive-through lanes shall not be located between the restaurant entrance and customer parking spaces whenever possible.
        4. Landscaping and other site improvements are included which screen automobile stacking space from the public street.
        5. Voice amplifiers used in conjunction with drive-through services shall not be audible to adjoining residential areas.
        6. Minimum stacking space shall be provided per the requirements of Section 10.7, L.
        7. A solid screen fence, at least six feet in height and complying with Section 10.3 Fences & Walls, shall be constructed along the property line when said use abuts any residential zoning district.
        8. A driving lane may not cross a front property line street on a property designated a historic preservation landmark or district.
    10. Heliports. Heliports shall be limited to military sites, airports and to hospitals which require such for responding to medical emergencies.
    11. Home Occupations.
      1. Purpose. The purpose of this Section is to prevent competition with business districts and to provide a means, through the establishment of specific standards and procedures, by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism to identify those home occupations having minimal or no secondary effects and those having the potential for a greater impact upon area properties.
      2. Application.
        1. Subject to the nonconforming use provisions of this Ordinance, all home occupations, as defined in Section 13 (Rules and Definitions) shall comply with the appropriate provisions of this Section.
        2. Home occupations shall be described as either permitted home occupations or interim use home occupations.
        3. Accordingly, all home occupations which satisfy the permitted home occupation criteria shall be considered as a permitted accessory use in all residential zoning districts.
        4. Home occupations which do not comply with the permitted home occupation criteria shall require an interim use permit, as provided in Section 2,4 (E), and may be located in any residential zoning district based upon conditions set forth in the approved interim use permit.
        5. Certain types of activities or uses are prohibited from being home occupations in any residential zoning districts.
      3. Exempted Home Occupations. Day Care home facilities shall be governed by the regulations for “group residential facilities” which are subject to the standards in Section C.2.F.1.(2).
      4. General Standards Applicable to All Home Occupations. All home occupations shall be allowed as an accessory use to a dwelling unit subject to the following standards:
        1. All home occupations shall comply with the provisions of the City Code.
        2. No home occupation shall occupy space in the dwelling unit that is more than 25 percent of the first floor area of the residence. Space within an attached garage shall not be considered in calculating the first floor area of the residence.
        3. The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling, and shall under no circumstances change its residential character.
        4. All home occupations shall be conducted entirely within the principal dwelling unit and shall not be conducted in accessory structures, including attached garages.
        5. Exterior alterations, modifications or other visible evidence of the home occupation that change the residential character or appearance of the dwelling unit or the property itself shall be prohibited.
        6. There shall be no exterior storage of equipment or materials used in the home occupation.
        7. The home occupation shall not produce offensive noise, vibration, gas, smoke, dust, odors, heat, or glare at or beyond the property line except as otherwise regulated in Section 9.2.
        8. No equipment or process shall be used which creates audible or visual interference in any radio, television or other electrical equipment on adjoining properties.
        9. The shipment and delivery of products, merchandise, or supplies shall be limited to between 8:00 A.M. and 6:00 P.M. and shall occur only in single rear axle straight-trucks or smaller vehicles normally used to serve residential neighborhoods.
        10. No home occupation shall be conducted between the hours of nine o’clock (9:00 P.M.) and seven o’clock (7:00 A.M.). All services shall be rendered by appointment only.
        11. No pedestrian or vehicular traffic and street parking shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall first be met off the street and other than in the required front yard. Such parking shall be limited to two or fewer off-street customer parking spaces.
        12. The operation of any wholesale or retail business shall not be permitted unless it is conducted entirely by mail or delivery and does not include the on-site sale of products.
        13. The home occupation shall meet all applicable building and fire codes.
        14. No separate entrance for customers shall be provided or used.
        15. Employees of the business who do not reside on the premises shall be prohibited from conducting any business activities whatsoever on the premises.
        16. The home occupation shall not be used as a work staging area whereby employees report to the home occupation site to receive work assignments for working elsewhere.
        17. Retail sales, on the premises, shall be prohibited, except for the retail sales of merchandise or products used in connection with and incidental to the home occupation. (Example: A single chair salon would be allowed to sell combs, hair spray, shampoo, etc.)
        18. No more than one home occupation per dwelling unit shall be allowed and it must be conducted by the occupant.
      5. Specific Requirements for Permitted Home Occupations. Permitted home occupations may be conducted without any City approvals if the provisions applicable to all home occupations (Section 9.3.D.10) are all met. Examples of permitted home occupations include the following:
        1. Tailoring and sewing.
        2. Artists, sculptors, authors, composer’s, and woodworker’s which do not involve reportable or regulated quantities of hazardous or flammable substances and where such operations will not generate outside audible noise, dust or odors.
        3. Photo developing or processing.
        4. Music, art or dance teachers with no more than one pupil at a time.
        5. Office facilities of ministers, rabbis, priests or members of religious orders.
        6. Office facilities of sales persons, administrative services, sales representatives or manufacturer’s representatives who utilize phone, mail or off premises customer contacts.
        7. Offices to a business that has its principal place of business legally located elsewhere.
        8. Offices entirely computer and/or internet based.
        9. Use is conducted entirely outside the premises except for bookkeeping and regular mail delivery.
        10. Other uses deemed similar to the above by the Community Development Department.
      6. Specific Requirements for Home Occupations Requiring an Interim Use Permit. The following are permitted home occupations which, because of greater potential for conflict with surrounding residential neighborhoods, are required to obtain an Interim Use Permit (Section 2.4.E) showing conformity with the general standards.
        1. Office facilities of physicians, dentists or other licensed medical practitioners who receive one client at a time on the premises. Office facilities of lawyers, architects, engineers, realtors, insurance agents, brokers, contractors and members of similar professions who receive one client at a time on the premises.
        2. Hair salons, day spas, massage therapy, barber or beauty shops who receive one client at a time.
        3. Carpentry work which does not involve reportable or regulated quantities of hazardous or flammable substances and where such operations will not generate outside audible noise, dust or orders.
        4. Repair of non-motorized bicycles, small electrical appliances, computers, cameras or other similar small items; which do not involve reportable or regulated quantities of hazardous or flammable substances and where such operations will not generate outside audible noise, dust or odors.
        5. The operation of wholesale or retail business, conducted by mail or phone, where very limited and incidental sale of products may be conducted on site.
        6. Music, art or dancing lessons with no more than four (4) student or pupils in the dwelling unit or on the premises at any one time.
        7. Photography studio.
        8. Saw, skate, tool or knife sharpening.
        9. Other uses deemed similar to the above by the Community Development Department.
      7. Prohibited Home Occupations. Permitted home occupations shall not include any of the following:
        1. Any schools, excluding nursery schools, with organized classes of more than four (4) pupils at a time.
        2. Repair of internal combustion engines, body shops, machine shops, welding, motor vehicle repairs or sales, or other services that require equipment other than that normally found in residential dwellings.
        3. Animal hospital or pet shops.
        4. Clinics, hospitals or mortuaries.
        5. Renting or painting of vehicles, trailers or boats.
        6. Dismantling, junk, scrap, or storage yards.
        7. Taxidermy.
        8. Flea markets.
        9. Services which consist of more than four (4) pupils, clients, or customers at a time.
      8. No home occupations shall:
        1. Constitute a fire hazard to neighboring residences, adversely affect neighborhood property values, constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, glare, odor, electrical interference, vibration, dust and other nuisance or safety hazards.
        2. Adversely impact governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police service and fire service.
        3. Adversely affect sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the City.
        4. Involve the use of hazardous materials or activities.
      9. Inspection. The City hereby reserves the right upon issuing any home occupation Interim Use Permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this Section or any conditions additionally imposed.
      10. Expiration. Events that will cause the expiration of the Interim Use Permit may include the sale of the property, change in tenancy of the property, or an event or date specified by the City. The permit shall not run with the land and shall not be transferable.
    12. Indoor Food/Convenience Sales. Indoor food/convenience sales occurring as an accessory use shall comply with the following standards:
      1. Size. The square footage used by food sale operations, including preparation, sales, and storage, but not including dining, shall not exceed 30 percent of the principal use.
      2. Location.
        1. To the maximum extent practicable, food sales areas shall be internal to the principal use they serve.
        2. In residential zoning districts, such accessory uses shall be limited to institutions permitted in the district.
      3. Entrances. Entrance to the food sales area shall be via the principal use it serves and shall not have dedicated off-street parking areas or signage.
    13. Indoor Storage. The area used for accessory indoor storage shall not exceed 35% of the gross floor area square footage of the principal use in commercial zoning districts.
    14. Incidental Light Manufacturing.
      1. Light manufacturing and assembly are permitted accessory uses in all industrial zoning districts subject to the restrictions for the primary use outlined in this Ordinance.
      2. Light manufacturing and assembly of products in commercial zoning districts shall only be conducted if:
        1. The manufacturing and assembly is related to the products being sold or offered by the principal use.
        2. The area used for light manufacturing and assembly activity shall not exceed 30% of the gross floor area of the principal use.
        3. The light manufacturing and assembly shall be compatible with adjacent property owners, tenants, and civic institutions as well as proposed uses as found in the Comprehensive Plan.
        4. The light manufacturing and assembly shall be consistent with the primary business activity (i.e. authorization for manufacturing monuments shall only be allowed as an accessory use to a monument shop. If the principal use changes to cell phone sales, the accessory use of manufacturing monuments shall cease).
    15. Outdoor Sales and Display.
      1. In all residential zoning districts open sales shall be limited to motor vehicles, boats, motorized equipment, and recreational vehicles shall be subject to the following conditions:
        1. A permitted use shall be operating on the property or lot.
        2. No more than a total of six (6) items per site may be advertised for sale per year.
        3. No more than two (2) items can be displayed for sale at any one time on any property.
        4. Individual items may not be displayed in excess of thirty (30) days in the aggregate for all display items.
        5. Items sold are limited to articles owned by individuals that make their primary residence at the limited open sales site.
      2. In commercial and industrial districts where outdoor sales and display areas are permitted, the following standards shall apply:
        1. Shall be approved as part of the site plan for the principal use and shall be in close proximity to and designed as part of the principal structure and use.
        2. Shall not be located in the following areas:
          1. Landscaped or buffer areas
          2. Public rights-of-way
          3. Private access roads
          4. Setback areas
          5. Loading areas
        3. Shall be located entirely on private property outside any required fire lane or fire accessway. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways and pedestrian walkways. These displays shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
        4. Shall be located on a hard-surfaced, dust free pavement and shall be maintained in good condition.
        5. Shall not utilize a parking space(s) necessary to meet the minimum parking requirements for the use(s) located on the property.
        6. The height of material or merchandise stacked and/or arranged may be up to 8 feet in height or as determined by the Community Development Department. Accessory structures, tents or canopies shall not exceed 16 feet tall.
        7. No sales related activity can take place outside of standard operating hours for the principal use.
        8. There will be no external noise amplification.
        9. The operation of the sales and display areas will not interfere with the operation of adjacent businesses.
        10. The Community Development Department shall have the authority to modify or waive these requirements if it determined to be unnecessary and in the best interest of protecting the public health, safety and welfare of the community.
    16. Outdoor Seating – Accessory to Restaurant, Bar, Production Brewery with Taproom, Micro-distillery or Distillery with Cocktail Room, Brewpub and/or Club. If the establishment (structure) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply:
      1. The use shall require authorization through a Conditional Use Permit.
      2. Primary access from local residential streets shall be prohibited.
      3. The primary access to the area shall be from the principal building; no other access or egress shall be allowed other than required emergency exits.
      4. The property shall be screened in accordance with Section 10.2.D of this Ordinance.
      5. Adequate measures to contain the proposed activity on the subject site shall be provided.
      6. The area shall be designed or constructed to prohibit the free passage of any persons from the area.
      7. The area shall have a permanent hard surface of concrete, asphalt, wood or other fabricated construction material.
      8. All enclosures must be constructed of materials compatible with the principal structure as defined elsewhere in this Ordinance.
      9. Dust and noise are controlled on the site consistent with City Ordinance.
      10. Amplified sound shall not be permitted within the outdoor enclosure when it is audible from any residential zoning district.
      11. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided.
      12. The premises, all adjacent streets, sidewalks, alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for the purpose of removing litter.
    17. Outdoor Sidewalk Sales and Display. Outdoor sidewalk sales and display areas associated with legally permitted retail uses shall:
      1. Not encroach in the public right-of-way unless specifically authorized by the City Council;
      2. Not encroach into areas necessary for the safe ingress and egress into the retail structure;
      3. Maintain a minimum pedestrian walkway of at least five feet in width along the front of the display;
      4. Take place only on an improved dust-free surface; and
      5. May not take up required parking.
    18. Outdoor Storage.
      1. In all zoning districts, all materials, equipment or vehicles, except as specifically denoted in this Ordinance, shall be stored within a structure or fully screened so as not to be visible from adjoining properties except for the following:
        1. Recreational equipment and vehicles, subject to off-street parking regulations in Section 10.7 of this Ordinance.
        2. Construction and landscaping material currently being used on the premises.
        3. Off-street parking of passenger vehicles, emergency vehicles and small commercial vehicles in residential areas, unless otherwise required to be screened according to Section 10.7 of this Ordinance.
        4. With the exception of industrially zoned properties, wood piles in which wood is stored for fuel provided that not more than 10 cords shall be stored on any property. A cord shall be 4'x4'x8'.
        5. All wood piles shall be five (5) feet or more from the rear and side yard property lines and shall not be stored within a front yard area.
        6. Solar energy systems.
        7. Wind energy conversion systems.
      2. In all zoning districts the following shall apply:
        1. The outdoor storage area is fenced and screened from view of abutting residential uses in compliance with Section 10.2.D of this Ordinance.
        2. Storage is screened from view from the public right-of-way in compliance with Section 10.2.D of this Ordinance.
        3. Outdoor storage areas shall be placed to the rear or side of the principal structure and shall meet the setback requirements established within the zoning districts.
        4. A minimum of six (6) foot high fence shall be installed around the perimeter of the storage area and shall be screened in compliance with Section 10.2.D of this Ordinance.
        5. The outdoor storage area shall be maintained in an orderly fashion.
        6. The outdoor storage area shall not reduce the amount of parking provided at the site, as required in Section 10.5, Off-Street Parking.
        7. All vehicle storage shall take place in side or rear yard areas. In no case shall a vehicle storage area extend into the front yard beyond the principal building.
        8. No vehicles or vehicle parts may be placed within the public right-of-way or on public property.
      3. In business zoning districts, the following shall apply:
        1. The area is fenced and screened from the view of neighboring residential uses in compliance with Section 10.2.D of this Ordinance.
        2. Outdoor storage is screened from view from the public right-of-way in compliance with Section 10.2.D of this Ordinance.
      4. In industrial zoning districts, the following shall apply:
        1. When abutting a zoning district or use other than industrial, the outdoor storage use shall require authorization through a Conditional Use Permit following the provisions of Section 2.4(D) of this Ordinance.
        2. The storage area shall be located within the rear yard, except that an outdoor storage area may also include that area between the front building line and the rear yard along the interior lot side. Storage may not be located beyond the side building line on the street side of a corner lot. On a double-fronting lot, outdoor storage may be located in the side yard only.
        3. In the I-1, Planned Industrial Zoning District, outdoor storage areas shall meet the minimum building setback from all side and rear property lines per the requirements of this Ordinance and when adjacent to zoning districts or uses other than industrial, shall be located a minimum of 50 feet from the adjacent property line.
        4. In the I-2, General Industrial Zoning District, outdoor storage shall be setback 10 feet from all side and rear property lines and when adjacent to zoning districts or uses other than industrial, shall be located a minimum of 50 feet from the adjacent property line.
        5. The outdoor storage area is fenced and screened from public rights-of-way adjoining the front yard in compliance with this Section 10.2.D of this Ordinance.
          1. In the I-1 district, screening shall consist of masonry walls, fencing or planting screens and shall provide 80% opacity. Such fences or walls shall meet all other requirements of Section 10.2.D of this Ordinance.
          2. In the I-2 General Industrial Zoning District, metal fences may be permitted when the materials have been recycled and reprocessed to resemble new materials and are designed for use as a fencing material, and when such materials are designed to resemble allowed fencing materials as listed in Section 10.3.
          3. Fences or walls exceeding twelve (12) feet in height shall require the approval of a Conditional Use Permit.
          4. Height of storage may not exceed the screening wall or fence, or the height of required landscaping.
        6. Outdoor storage shall be allowed only on an improved surface of asphalt or concrete.
        7. Storage in shipping containers shall be prohibited unless such storage occurs within the screened outdoor storage area located in a rear yard.
        8. There shall be no storage of hazardous waste, as defined by the Minnesota Pollution Control Agency.
        9. Exterior storage areas shall comply with all applicable fire codes and no portion of the outdoor storage shall block access to hydrants, fire sprinklers, or other fire-fighting equipment.
        10. Noise shall be controlled consistent with the standards of this Ordinance.
        11. All lighting shall be in compliance with Section 10.4 of this Ordinance.
        12. Storage areas will not take up parking space as required for conformity to this Ordinance.
      5. Open storage of materials in any front, side, or rear yard areas shall be prohibited.
    19. Park Facility Structures. Limitations on the number and size of accessory structures shall not apply to Active or Passive Public Park Facilities.
    20. Retail Sales of Goods (as part of an office or industrial use).
      1. Location:
        1. All sales are conducted indoors within a clearly defined area of the principal structure reserved exclusively for retail sales. Said sales area must be physically segregated from other principal activities in the structure.
        2. The retail sales area must be located on the ground floor of the principal structure.
      2. The structure where such use is located shall have direct access to an arterial or collector street without the necessity of using residential streets.
      3. Hours of operation are limited to 8:00 a.m. to 9:00 p.m.
    21. Sexually Oriented Uses - Accessory Activities provided that:
      1. Activities classified as obscene as defined by Minnesota Statute 617.241 are prohibited.
      2. Sexually Oriented Use - Accessory Activities shall comply with Section 9.3.E.18.d.
    22. Swimming Pools.
      1. Definitions. For purposes of this section, the following terms have the following meanings:
        1. "Private residential swimming pool” means any outdoor structure intended for swimming or wading located on private residential property that exceeds both of the following:
          1. A depth capacity of more than 24 inches at any point.
          2. Total volume in excess of 5,000 gallons.
          The swimming pool may be constructed, installed or located inground, partially in-ground or above ground and may include permanent or temporary swimming pools.
      2. General Pool Requirements. Private residential swimming pools and any attached or functionally related deck shall comply with the required yard setbacks for the relevant zoning district. No such pool shall be located within a drainage or utility easement area. Private residential swimming pools must be located in the rear yard. Any work required for the installation or operation of a private residential swimming pool involving modifications to an electrical system, adding circuits, or equipment that requires electrical work requires an electrical inspection.
      3. Permit Requirements. Building permits are required for all above ground or in-ground private residential swimming pools as defined above. Each application for a permit to construct or erect a private residential swimming pool shall include the following information:
        1. A site plan drawing indicating location of pool, residence, accessory structures, decks and/or patios associated with the pool and proximity of pool to the property lines.
        2. Size and depth of the pool.
        3. Size, type and location of all equipment to be used in connection with the pool, including but not limited to heater, filter unit, and pump.
        4. Fence height, type and location to property lines.
      4. Fence Requirements – Private Residential.
        1. All private residential swimming pools shall be completely enclosed within a fence at least 5 feet in height. Chain link fencing must not exceed 2 inch mesh, unless vertical slats are installed that prevent climbing. Wooden fences with boards placed vertically shall not have any opening wider than 4 inches per opening and wooden fences with boards placed horizontally shall not have any opening wider than 1 inch per opening. To the extent it is applicable, fences must comply with the provisions of Section 10.3 of this Ordinance.
        2. All fences must be installed 4 inches or less from the surface of the ground.
        3. All gates or doors opening through the enclosure must be equipped with a self-latching mechanism, of a type to accept a lock, which must keep the door or gate securely closed at all times. Pool gates must be locked when the pool is not in use.
    23. Taprooms. Taprooms shall be conditionally permitted as accessory uses only to a Production Brewery as a principal use and subject to those conditions found in Section 9.2, for Brewpub/Brewery.
    24. Trash Handling and Recycling Collection Area.
      1. Multiple-family structures with more than eight (8) dwelling units shall comply with the following:
        1. All large trash handling and recycling collection area(s) shall be:
          1. Located within the principal structure and be totally screened from public view by the principal structure; or
          2. Be stored within an accessory structure constructed of building materials compatible with the principal structure readily served through swinging doors.
        2. Compactors that are attached to the principal structure shall be totally screened from eye level view from public streets and adjacent properties by a screening wall constructed of the same structure material as the principal structure.
      2. Trash handling and recycling collection area(s) serving commercial and industrial uses shall be subject to the following standards:
        1. Depicted on Site Plans.
          1. The location and configuration of screening for large trash handling and recycling collection areas shall be depicted on all required landscaping plans.
      3. Screening.
        1. Large trash handling and recycling collection areas shall be fully screened from adjacent properties.
        2. In cases where access to large trash handling and recycling face a public right-of-way, the accessway shall be screened with an opaque gate. Chain link fencing shall not be used for such gates.
        3. Compactors that are attached to the principal structure shall be totally screened from eye level view from public streets and adjacent non-industrial properties by a screening wall constructed of the same building material as the principal structure.
      4. Setbacks.
        1. Large trash handling and recycling shall meet the required setbacks for structures as required in the underlying zoning district.
        2. In all cases, large trash handling and recycling collection areas shall be at least five (5) feet from a side or rear lot line, and shall not be located within front yards or corner side yards.
      5. Design Materials. If a wall or detached accessory structure is used to screen or define a large trash handling and recycling collection area, the structure materials used for the wall or accessory structure shall be compatible with the principal structure and be readily served through swinging doors.
      6. Ground Surface Requirements. Areas intended for large trash handling and recycling collection areas shall be surfaced with a hard surface that meets or exceeds minimum City standards.
      7. Drainage. Eating establishments and other uses that produce significant amounts of liquid waste shall configure areas intended for large trash handling and recycling collection areas to drain to the sanitary sewer system through grease traps or similar devices as required by the Community Development Department.
    25. Cannabis Retail
      Cannabis retail shall be conditionally permitted in the I-1 and I-2 Districts as an accessory use only to a micro- or mezzo- cannabis business licensed or endorsed by the Minnesota Office of Cannabis Management to perform another cannabis business activity as its principal use and subject to those conditions found in Section 9.2 for all cannabis businesses activities for which the business is licensed or endorsed by the Minnesota Office of Cannabis Management.

9.4 TEMPORARY USES

  1. Purpose. This Section establishes certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this Section and are discontinued upon the expiration of a set time period. Temporary uses and special events shall not involve the construction or alteration of any permanent building or structure.
  2. Permit Process. Temporary uses and structures that require a permit shall be reviewed in accordance with the process outlined in Section 2.4 (G), Temporary Use Permits; and if a building permit is also necessary, in accordance with Section 2.4 (I), Building Permits.
  3. General Standards for Temporary Uses. Temporary uses, structures, or events shall comply with the following:
    1. Obtain the appropriate permits (as required);
    2. Not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare;
    3. Be compatible with the principal uses taking place on the site;
    4. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
    5. Not include permanent alterations to the site;
    6. Not maintain temporary signs associated with the use or structure after the activity ends;
    7. Not violate the applicable conditions of approval that apply to a site or use on the site;
    8. Not interfere with the normal operations of any permanent use located on the property;
    9. Will remove litter, garbage and other rubbish from the site; and
    10. Contain sufficient land area to allow the temporary use, structure or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.
  4. Extensions. The Community Development Department may grant extensions to these time limits for good cause.
  5. Additional Temporary Uses. In addition to the temporary uses, structures and events listed in Table 9-6, the Community Development Department may allow other temporary uses, structures and events for a maximum of fifteen (15) days per calendar year, provided that they are substantially similar to a temporary use, structure or event listed to those in Table 9-6.
  6. Table of Allowed Temporary Uses and Structures. Table 9-6 summarizes allowed temporary uses and structures, and any general or specific standards that apply.

    TABLE 9-6 TEMPORARY USES AND STRUCTURES

    Temporary Use or Structure

    Allowable Duration

    Permit(s) Required

     

    Additional Requirements

    Construction Dumpster on Private

    Property

    1 year from issuance of the building permit

    No

    9.45 A.1. a-d

    Construction Dumpster on Public Property / Right-of-way

     

    See requirements

     

    Yes

     

    9.45 B.1.a-d

     

    Construction Trailer

    Allowable until the issuance of a Certificate of Occupancy

     

    No

     

    9.45 C.1. a-c

    Construction Equipment on Private Property /

    Public Property

     

    See requirements

     

    No

    Private Property - 9.45 D. 1 and 3

    Public Property - 9.45 D. 1 and 2

    Tents, Canopies, Tarp Garages, and

    Hoop Buildings

    30 days per year

    No

    9.45 E.1. a-h

     

    Garage / Yard Sale(s)

    3 days per event; 3 events total per calendar

    year

     

    No

     

    9.45 F.1. a-j

    Seasonal Sales

    See requirements

    Yes

    9.45 G 1-2. a-f

    Wayside Stands

    60 days per calendar year

    No

    9.45 H 1.a-i

    Special Events

    See requirements

    Yes

    9.45.1-4

  7. Specific Standards for Temporary Uses.
    1. Construction Dumpster on Private Property. Temporary trash receptacles or dumpsters located outside public rights-of way are not required to obtain a Temporary Use Permit, but shall comply with the following standards:
      1. Be located to the side or the rear of the site, to the maximum extent possible;
      2. Be located as far as possible from lots containing existing development;
      3. Not be located within a floodplain or otherwise obstruct drainage flow;
      4. Not be placed within five feet of a fire hydrant; and
      5. Must follow setback requirements of the zoning district in which the dumpster is placed.
    2. Construction Dumpster on Public Property. Temporary trash receptacles or dumpsters located within the public right-of-way or on public property (the “Public Area”) are required to obtain a Right-Of-Way Permit from the City. The use of a Public Area will have the following application requirements:
      1. Use of the Public Area for up to fourteen days will require the approval of a completed “Right-of-Way Use Application” in accordance with Section 6.30 of the City Code.
      2. Use of the Public Area in excess of fourteen days will require the approval of a completed “Right-of-Way Use Application” by the City Council in accordance with Section 6.30 of the City Code.
      3. Containers located in a Public Area shall comply with the requirements found in Section 6.30 of the City Code.
      4. A construction dumpster may not be placed within five feet of a fire hydrant nor obstruct traffic signage in the area.
    3. Construction Trailer. Construction trailers may be permitted on a construction site provided that the trailer is:
      1. Located on the same site or in the same development as the related construction.
      2. Associated with development for which a valid Building Permit has been or will be issued.
      3. The applicant shall be required to restore the trailer site to its previous condition when the trailer is removed from the construction site.
    4. Construction Equipment on Private or Public Property.
      1. Construction equipment is permitted on private property when associated with a building permit in the I-2 zoning district. It is also allowed in other zoning districts when associated with a project requiring a Building Permit but shall not remain more than ten days after the Certificate of Occupancy is issued for a project.
      2. Construction equipment may be permitted on public property or within a public right-of-way area for a term not to exceed ten days after the completion of its use on a project or activity.
      3. If a project or activity does not require a Building Permit, construction equipment may be allowed subject to the approval of the Community Development Department. The Community Development Department may also establish the date on which construction activities are completed and construction equipment shall be removed within ten days of that date.
    5. Tents, Canopies, Tarp Garages and Hoop Buildings.
      1. Tents, canopies, tarp garages or similar membrane structures shall:
        1. Not exceed more than two on a single parcel (the Community Development Department may approve more than two as a part of a special event on a single parcel);
        2. Not be erected for more than a total of 30 days in any calendar year with the exception of those uses with valid permits issued under Section 9.4.F.7-8;
        3. Be limited to a maximum of three occurrences per parcel per year;
        4. Not be placed within required landscape areas;
        5. Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian circulation;
        6. Comply with requirements of the International Fire Code;
        7. Must follow setback requirements of the zoning district in which the temporary structure is placed; and
        8. The lot or site shall be restored to its original condition within two days of removal of the tent, canopy, tarp garage, or similar membrane structures.
    6. Garage/Yard Sale(s).
      1. Garage or yard sales shall:
        1. Be limited to a maximum of three (3) per dwelling unit per year;
        2. Not exceed a maximum duration of three (3) consecutive days per sale;
        3. Occur only between the hours of 7:00 A.M. and 9:00 P.M.;
        4. Not place items for sale, signs or other advertising within the public right-of-way, or impede the passage of traffic on streets in the area of the sale;
        5. Conduct vehicle parking in accordance with the standards in this Ordinance and any other applicable City requirements;
        6. Not negatively affect neighboring properties in terms of noise, trash, parking, or impede the flow of traffic on nearby streets and alleys;
        7. Not allow unsold items or other sale-related materials to remain in public view following conclusion of the sale;
        8. Remove all sale related signage immediately upon conclusion of the sale; and
        9. The owner and/or tenant of the premises on which a sale is conducted, shall be responsible for the maintenance of good order and decorum on the premises during the hours of the sale.
    7. Seasonal Sales.
      1. Seasonal sales include, but are not limited to, agricultural products such as plants, Christmas trees, and produce. Seasonal sales shall include farmers markets.
      2. Seasonal sales shall:
        1. Be authorized in writing by the property owner if conducted on property not owned by the seasonal sale operator.
        2. Not be located within any right-of-way.
        3. Not be located in any setback area for the zoning district in which the seasonal sale is located.
        4. Not reduce available parking areas below that which is required by this Ordinance.
        5. Provide adequate ingress, egress and off-street parking areas.
        6. Be subject to the sign standards in Section 10.5.
    8. Wayside Stand.
      1. Wayside Stands shall:
        1. Be limited to the retail sale of agriculture, horticulture, or floricultural products.
        2. Not exceed 750 square feet in area.
        3. Not be located within any right-of-way.
        4. Be authorized in writing by the landowner if conducted on property not owned by the operator of the wayside stand.
        5. Not reduce available parking below that which is required by this Ordinance.
        6. Provide adequate ingress, egress and off-street parking areas.
        7. Be subject to the sign standards in Section 10.5.
        8. Be limited to the B-2, B-3 and B-4 zoning districts.
        9. Not be located in any setback area for the zoning district in which the wayside stand is located.
    9. Special Events.
      1. Outdoor Sales and Displays.
        1. May be allowed in non-residential zoning districts.
        2. Be limited to a maximum of thirty (30) days per year.
        3. In no case shall they be located in the public right-of-way or use public property unless authorized by the City Council.
      2. Civic Activities. Community activities by non-profit civic groups, upon approval by the City Council, provided the proposed activity is in harmony with area uses, and upon issuance of appropriate permits and licenses.
      3. Institutional Activities.
        1. Be limited to a period of time not to exceed fifteen (15) days per year.
        2. Does not include school/educational related activities.
      4. Carnival. Carnivals or circuses when operated as a separate commercial business for a period not to exceed fifteen (15) days.

2025-098