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North Mankato City Zoning Code

DISTRICT REGULATIONS

§ 156.035 GENERALLY.

   The regulations of this chapter within each district shall be minimum regulations and shall apply uniformly within each district, except as may be permitted or provided by this chapter.
   (A)   District conformance. No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
   (B)   Alterations. No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or allowed to be erected or altered in any other manner contrary to the provisions of this chapter.
   (C)   Requirement computations. No part of a yard or other open space, or off-street parking required for or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building except as may be permitted by this chapter. Regulations requiring the use of numerical computations shall utilize the method provided by this chapter. Where no method has been provided by this chapter, it shall be the duty of the Zoning Administrator to determine appropriate uniform means of computation. In the event fractional sums, differences, products or quotients are determined in the application of this chapter, these values shall be “rounded off” to the applicable unit of measurement.
   (D)   Yard or lot reductions.
      (1)   No yard or lot existing at the time of the passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein except detached dwellings located on lots contained in plats recorded prior to the year 1958 which shall not be less than the following:
         (a)   Front yards: 20 feet;
         (b)   Side yards: 5 feet;
         (c)   Rear yards: 20 feet;
         (d)   Lot width: 50 feet.
      (2)   Yards or lots created after the effective date of this chapter shall not be less than the minimum requirements established by this chapter.
   (E)   Accessory uses. Accessory uses or structures shall not be located in any required front, side, rear or transitional yard except as may be permitted in this section.
      (1)   The following are the minimum residential building setbacks for permitted accessory uses for properties platted prior to 1958:
Accessory use
Side yard setback
Rear yard setback
Front yard setback
Accessory structure or building size restrictions
Accessory use
Side yard setback
Rear yard setback
Front yard setback
Accessory structure or building size restrictions
Decks or elevated platform1
5 feet
15 feet
20 feet
N/A
Patios or paved area2
5 feet
15 feet
20 feet
N/A
Parking areas (must be hard surfaced)
5 feet
15 feet
Limited to permitted driveway3
Minimum 20 feet in length
Utility building/shed
5 feet
5 feet
Not permitted
Floor area not to exceed 168 sq. ft.
Private garage: vehicle entry doors face adjacent alley
5 feet
20 feet
N/A
See 156.035(G)(2)
Private garage: vehicle entry doors face side property line
5 feet
5 feet
N/A
See 156.035(G)(2)
Private garage: vehicle entry doors face adjacent street4
5 feet
5 feet
20 feet
See 156.035(G)(2)
Accessory recreational building
5 feet
5 feet
20 feet
See 156.035(G)(2)
Sports court or athletic court
5 feet
15 feet
Not permitted
Included in calculated ground coverage. See 156.037(I) and 156.038(H)
Private swimming pool: all types; non-ravine lot5
5 feet
10 feet
20 feet
N/A
Private swimming pool: in-ground ravine lot5,6
5 feet
10 feet
20 feet
N/A
Private swimming pool: above-ground ravine lot5,6
5 feet
25 feet
20 feet
N/A
Pool house/cabana
5 feet
5 feet
20 feet
See 156.035(G)(2)
1Either attached to a dwelling or free standing, with no roof or overhead structure of any type.
2Level, flush or at grade with the ground, with no roof or overhead structure of any type, and are not used for parking purposes.
3A hard surfaced parking area is permitted in a front yard setback of a corner lot if it adjoins to the side of a private garage, does not exceed ten feet in width, and does not extend past the rear of the garage it adjoins.
4Corner lots are subject to two front yard setbacks.
5Decks or aprons attached to pools are considered part of the pool and cannot be located in any required setback.
6The ravine breakline shall be established by the Building or Construction Inspector prior to pool construction. City staff can require a setback of up to 25 feet from any identified ravine breakline at their discretion, regardless of proximity to any property line; decks or aprons attached to pools are considered part of the pool and cannot be located in any required setback.
 
      (2)   The following are the minimum residential building setbacks for permitted accessory uses for properties platted after 1958:
Accessory use
Side yard setback
Rear yard setback
Front yard setback
Accessory structure or building size restrictions
Accessory use
Side yard setback
Rear yard setback
Front yard setback
Accessory structure or building size restrictions
Decks or elevated platform1
10 feet
15 feet
30 feet
N/A
Patios or paved area2
10 feet
15 feet
30 feet
N/A
Parking areas (must be hard surfaced)
10 feet
15 feet
Limited to permitted driveway3
Minimum 20 feet in length
Utility building/shed
5 feet
5 feet
Not permitted
Floor area not to exceed 168 sq. ft.
Private garage
10 feet
25 feet
30 feet
See 156.035(G)(2)
Accessory recreational building
10 feet
25 feet
30 feet
See 156.035(G)(2)
Sports court or athletic court
10 feet
15 feet
N/A
Included in calculated ground coverage. See 156.037(I) and 156.038(H)
Private swimming pool: all types; non-ravine lot4
5 feet
10 feet
20 feet
N/A
Private swimming pool: in-ground; ravine lot4,5
5 feet
10 feet
20 feet
N/A
Private swimming pool: above-ground; ravine lot4,5
5 feet
25 feet
20 feet
N/A
Pool house/cabana
10 feet
25 feet
30 feet
See 156.035(G)(2)
1Either attached to a dwelling or free standing, with no roof or overhead structure of any type.
2Level, flush or at grade with the ground, with no roof or overhead structure of any type, and are not used for parking purposes.
3A hard surfaced parking area is permitted in a front yard setback of a corner lot if it adjoins to the side of a private garage, does not exceed ten feet in width, and does not extend past the rear of the garage it adjoins.
4Decks or aprons attached to pools are considered part of the pool and cannot be located in any required setback.
5The ravine breakline shall be established by the Building or Construction Inspector prior to pool construction. City staff can require a setback of up to 25 feet from any identified ravine breakline at their discretion, regardless of proximity to any property line. Decks or aprons attached to pools are considered part of the pool and cannot be located in any required setback.
 
   (F)   Height exceptions. The building height limits established herein for districts shall not apply to belfries, cupolas, domes, spires, monuments, radio towers, flag poles, chimneys, water tanks, towers, solar collectors, wind energy conversion systems and other structures for essential services, nor to similar structures or necessary mechanical appurtenances extending above the roof of any building and not occupying more than 10% of the area of such roof. Building height limit exceptions shall conform to all structural design standards specified by the Minnesota State Building Code, as amended. In no event shall this section be construed to allow the construction or continued maintenance of structures constituting a hazard to the abutting property or the public at large. Where the average slope of lot is greater than 1 foot rise or fall in 7 feet of horizontal distance from the established street elevation at the property line, 1 story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.
   (G)   Accessory structures or buildings. If an accessory structure or building is attached to the main building, it shall be made a structural part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory structure or building, unless attached to and made a part of the main building, shall not be closer than 5 feet to the main building or another accessory structure or building. In no event shall an accessory structure or building be permitted on a vacant lot or when not subordinate to and serving the principal use structure on the same lot.
      (1)   An accessory structure or building larger than 168 square feet and intended to be used to store private passenger vehicles shall be accessible by a hard-surfaced driveway which meets all applicable setback regulations. Accessory recreational buildings and pool houses/cabanas are permitted to be larger than 168 square feet but cannot be used to store private passenger vehicles.
      (2)   Accessory structures or buildings, including attached and detached private garages, accessory recreational buildings, and pool houses/cabanas for one and two-family residential dwellings shall not exceed a total aggregate usable floor area of 1,400 square feet of floor space per lot for all structures combined. This excludes storage or utility sheds that are 168 square feet or smaller.
      (3)   No pole barn type construction is permitted for any residential private garage.
      (4)   Detached residential garage roofs must have a hipped or gable design. No barn-type roofs are permitted on detached garages.
   (H)   Earth sheltered buildings.
      (1)   Where an earth sheltered building substantially alters the natural watershed of the lot, computations for yard area shall be based on measurements from the surrounding cover of earth. In cases where the earth sheltered building has been made part of the natural terrain, computations for yard area shall be made from the exterior surface of the building.
      (2)   All applications for building permits for earth sheltered buildings shall be accompanied by a drainage plan.
   (I)   Wind energy conversion systems (WECS).
      (1)   The location, design, maintenance and removal of WECS shall be governed as follows. WECS shall be considered a conditional use in all zoning districts. All appropriate regulations within each zoning district must be complied with in addition to regulations outlined below;
      (2)   Applicants requesting a building permit for a WECS shall furnish such scale drawings and information as the city deems necessary. This information may include, but is not limited to the following: a plot plan of the premises involved showing lot lines, the accurate location of all buildings or structures on the premises and on each adjacent plot and the location of proposed tower and all guy wires, poles or anchors, and a sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on adjacent lots.
      (3)   The permitted maximum height of a WECS shall be determined in one of two ways:
         (a)   A ratio of 1 to 1 between the distance from the closest property line to any part of the WECS to the height of the tower;
         (b)   A maximum of 100 feet in agricultural and industrial districts and 60 feet in residential and commercial districts. The shortest height of the two above-mentioned methods shall be used in determining maximum height. Height shall be measured from the surrounding grade to the rotor hub or top of the tower, whichever is higher.
      (4)   No part of a WECS shall be located within or above any required front, side or rear setback area.
      (5)   All WECS shall be designed to meet the following minimum standards:
         (a)   An automatic braking device capable of halting operation in high winds (40 m.p.h. or greater) shall be incorporated;
         (b)   The WECS shall be designed, constructed and operated so as to not cause radio and television interference;
         (c)   The WECS shall be operated and maintained in a condition which will not cause unreasonable noise emissions;
         (d)   The WECS shall be placed on the property in a position which will not unreasonably obstruct the view from neighboring properties;
         (e)   The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by design or be enclosed by a 6 foot high, nonclimbable fence with a secured access;
         (f)   The WECS shall be designed and installed to withstand natural lightning strikes;
         (g)   The WECS electrical equipment and connections shall adhere to all state and local government, as well as power company rules and regulations and standards.
      (6)   Any WECS which fails to comply with this chapter shall be brought into compliance within 90 days after notice by the city, or be dismantled. Any WECS not in operation for 12 months shall be dismantled.
      (7)   WECS existing at the date of adoption of this chapter or existing at the time of annexation, shall be brought into compliance within 12 months or be dismantled.
      (8)   The owner of a WECS which is to be dismantled must accomplish such act within 30 days or the city is empowered to dismantle such WECS and assess the costs against the property.
      (9)   WECS that are by nature ornamental, rather than functional, shall be exempt from this chapter if total height is less than 25 feet.
      (10)   The city requires liability insurance to be maintained on the WECS by its owner.
      (11)   In order to insure adequate wind access, the city does encourage the use of private easements and restrictive covenants as a means to protect wind access.
   (J)   Minimum structural requirements. The following shall be minimum structural requirements in all residential districts:
      (1)   All structures used for residential occupancy shall have a minimum width of 24 feet and shall be affixed to a continuous permanent foundation constructed of concrete block, poured concrete or wood.
      (2)   A private attached or unattached garage having a minimum floor area of 280 square feet shall be required to be built concurrent with each dwelling constructed.
      (3)   Roof systems must have a 2-12 minimum pitch. Hip, gable, mansard, gambrel or shed roof designs are allowable. Flat roofs are not recommended and will require engineering drawings and snow load certification.
      (4)   The provisions of this subdivision shall apply to all structures used for residential occupancy except structures controlled by the provisions of Ch. 152.
      (5)   A residential structure shall have a minimum width of 24 feet at its narrowest point and a minimum depth of 32 feet with a minimum floor area of 800 square feet on the main floor.
      (6)   Residential structures shall be placed upon and affixed to a permanent foundation consisting of concrete block, concrete, or treated wood. The foundation shall be solid for the complete circumference of the structure except for necessary doors or windows. The foundation shall align vertically with the outer walls of such structure for its complete circumference and shall, as well, provide such other support for the structure as is required pursuant to the Minnesota State Building Code.
   (K)   Residential driveways.
      (1)   The maximum allowable driveway width measured at the front property line on residential property having a width of less than 80 feet shall not exceed 24 feet. The maximum allowable driveway width measured at the front property line on a residential property having a width of 80 feet or more shall not exceed 30 feet. There shall be a minimum of 20 feet of hard surfaced driveway located perpendicular from the face of any garage stall to the street. All driveways shall conform to the required side yard building setbacks for the district it is within.
      (2)   Circular drives. The maximum allowable driveway width measured at the property line on residential property shall not exceed 14 feet.
      (3)   For garages with access from the alley there shall be a minimum of 20 feet of hard-surfaced driveway, located perpendicular from the face of any garage stall to the alley or side property line, depending on the position of the garage doors. In no event shall a driveway encroach into a side yard building setback.
   (L)   Ravine setbacks. For all uses permitted there shall be a setback of no less than 25 feet, measured from the breakline of an adjacent ravine to any permanent structure, including but not limited to: dwellings, garages, decks, and above-ground patios. Gazebos exceeding 144 square feet in size are subject to a 25-foot ravine breakline setback. The breakline shall be established by the Building or Construction Inspector prior to construction. Permitted uses in the 25-foot setback
area are fences, lawn sheds, inground patios, dog kennels, playground equipment or sandboxes that are located a minimum of five feet from the ravine breakline.
      (M)   Cul de sac lot provisions.
      (1)   Lot width. The minimum lot width measured at the front property line on platted cul de sac lots shall be a minimum of 50 feet.
      (2)   Driveways. The maximum allowable driveway width measured at the property line on cul de sac lots shall not exceed 24 feet. Beginning at the front property line, the driveway width may be enlarged at an angle not greater than 45 degrees to a point not closer than 10 feet to any side property line.
   (N)   Carports. Permitted within any zoning district subject to applicable setback regulations within each zoning regulation.
   (O)   Amateur radio towers. Permitted within any zoning district subject to applicable setback and building height requirements.
   (P)   Storage or utility sheds. Permitted in any residential zoning district subject to the following:
      (1)   Maximum floor area shall not exceed 168 square feet.
      (2)   Minimum setback is 5 feet from any rear or side property line.
      (3)   Located a minimum of 5 feet from any main or accessory building.
      (4)   Shall not be located within any front yard.
      (5)   Maximum height shall not exceed 14 feet.
      (6)   Overhangs shall not exceed 2 feet.
      (7)   Access door shall not exceed 6 feet in width.
      (8)   No more than 1 storage shed or utility shed is permitted on any lot.
      (9)   Minimum setback is 5 feet from any ravine breakline.
   (Q)   Setbacks for accessory buildings. The building setbacks for garages on lots platted prior to 1958 are as follows:
      (1)   Garage when the vehicle entrance doors face an adjacent alley; 20 foot rear, 5 foot side.
      (2)   Garage when the vehicle entrance doors face a side property line; 5 foot rear, 5 foot side.
      (3)   Garage when the vehicle entrance doors face an adjacent street; 5 foot rear, 5 foot side.
      (4)   Corner lots are subject to 2 front yard setbacks.
   (R)   Foundation drainage. All residential and commercial foundation drains shall be connected to a sump pump or directed into an adjacent ravine with the discharge line located at the bottom of the ravine. Beginning at a distance of 3 feet from the foundation wall, a drainage pipe shall be non-perforated.
   (S)   Land preparation. The initial stripping of land for any development requires the removal of all organic material and soil to a depth of at least 12 inches. Professional soil engineer or building inspector findings may require the removal of more than 12 inches of soil.
   (T)   Minimum distance between buildings. The minimum distance between privately owned primary or accessory buildings shall be 5 feet.
   (U)   Foundation elevations. The following standards apply for all new residential construction:
      (1)   Finished grade elevations shall have a minimum of 5% slope up to a maximum of 8% slope, from the back top of curb to the finished grade elevation adjacent to the foundation wall. This applies to the minimum front yard setback requirements for valley and hilltop locations. Any variations are subject to be reviewed for approval by the City Building Official. Criteria for determining setback elevations beyond minimum setbacks are subject to the following:
         (a)   Required setbacks.
         (b)   Surface contours.
         (c)   Elevations of adjacent properties.
         (d)   Distance from top back of curb.
         (e)   Drainage.
      (2)   The City Building Official shall establish the final floor elevation for all new residential, commercial or industrial buildings.
      (3)   Window well casings shall be constructed a minimum of 6 inches above finished grade.
      (4)   Residential property drainage. Drainage resulting from new home construction must conform to the topography of the land and be directed so as to not to adversely affect neighboring property. Drainage plans are subject to Building Inspector approval.
   (V)   Driveway paving. Driveway paving shall occur within 1 year after a building permit is issued for a garage and/or driveway having access to a public street or alley. The driveway shall be hard surfaced.
   (W)   Stormwater drainage plan. On-site stormwater detention is required for any new parking lot. Prior to issuance of a building permit, a stormwater drainage plan shall be submitted and approved by the City's Construction Inspector (refer to standards).
   (X)   Permanent best management practices for sites where the sum of new and reconstructed impervious surface is one or more acres shall be designed to meet the requirements for Post-Construction Stormwater Management as described in the MN Small Municipal Separate Storm Sewer Systems General Permit No. MNR040000 in place at the time of submittal. Prior to issuance of a building permit, a Stormwater Drainage Plan shall be submitted and approved by the Building Inspector. Setbacks for storm water ponds, rain gardens or other storm water retention areas shall be a minimum of 10 feet from any property line.
   (Y)   Address identification numbers. Any residential dwelling unit or Commercial/Industrial building shall display address identification numbers on the dwelling or building that shall be visible from the nearest public street and be of a contrasting color from the dwelling or building. The height of the numbers shall be no less than 4 inches.
   (Z)   Property corners. Prior to construction of any new residential dwelling, dwelling addition, garage, garage addition or commercial/industrial building, it is the responsibility of the property owner to establish or display all property corners. For any other type of project that requires a building permit, it may be necessary for the property owner to display property corners at the request of the Building Official or Assistant Building Inspector. Property corners shall be located by the property owner or a registered land surveyor.
   (AA)   Underground systems. Underground invisible pet fencing shall be located a minimum of 3 feet from any sidewalk or street. Any underground sprinkler system installed within any public right-of-way is at risk from damage as a result of street or utility maintenance or any other public improvement project. The city accepts no responsibility for underground sprinkler system or invisible pet fencing damage in any public right-of-way.
   (BB)   Home occupations. Home occupations are permitted uses in residential districts and shall conform to the following standards:
      (1)   Such use shall be operated entirely within the primary living dwelling. The use of an attached or detached accessory building or garage for such use is prohibited.
      (2)   Such use shall not employ any person not residing on the premises.
      (3)   Such use shall not exceed 1/3 of the main floor space of a dwelling.
      (4)   Only 1 home occupation shall be operated within a dwelling.
      (5)   There shall be no outside storage of materials, goods, supplies, or equipment of any kind related to the home occupation.
      (6)   No traffic or parking demand shall be generated by such use in greater volumes than would normally be expected in a residential neighborhood.
      (7)   Any occupation shall be clearly secondary to the main use of the premises as a residential dwelling.
      (8)   The owner of the building shall be the operator of the home occupation.
   (CC)   Outside storage of materials in Business or Commercial districts. Where outside storage of materials, equipment and product is permitted in a Business or Commercial district, such outside storage shall conform to the following provisions.
      (1)   Outside storage shall be fenced and screened from any abutting property and public street by privacy fencing or planting of vegetation. Such fencing or vegetation shall be not less than 6 feet in height.
      (2)   Outside storage areas shall be hard surfaced using concrete or asphalt material.
      (3)   Outside storage areas shall not be located within setback areas.
      (4)   All materials stored outside shall be directly associated with the business.
   (DD)   Outside storage in Industrial districts. Where outside storage of materials, equipment and product is permitted in an Industrial district, such outside storage shall conform to the following provisions.
      (1)   Outside storage areas shall be fenced and screened from any abutting property and public street by privacy fencing or planting of vegetation. Such fencing or vegetation shall be not less than 8 feet in height.
      (2)   Outside storage areas shall be hard surfaced using concrete or asphalt material.
      (3)   Outside storage areas shall not be located within setback areas.
      (4)   All materials stored outside shall be directly associated with the industry.
   (EE)   Outside storage of materials in Residential districts. In any Residential zoning district, it is unlawful for any person to discard, place, accumulate, maintain or store out of doors, the following:
      (1)   (a)   Unlicensed, unregistered or inoperable motor vehicles, recreational vehicle, boats, campers, snowmobiles, trailers or similar equipment.
         (b)   In the event a licensed motor vehicle parked or stored out of doors on private property has not been moved within a consecutive 30-day time period, the Zoning Administrator may, by written letter to the property owner, request that the vehicle owner demonstrate the vehicle is operable by starting and driving the vehicle a distance of not less than 500 feet. The operation to be observed by the Zoning Administrator or his or her designee.
      (2)   Motor vehicle bodies, frames, parts, tires, rims or other machinery or equipment.
      (3)   Household furnishings or appliances.
      (4)   Lumber or construction materials.
      (5)   Non-residential vehicles including but not limited to: tractors, buses, skid loaders and commercial trucks.
      (6)   Lawnmowers, snowblowers and other lawn and garden equipment.
      (7)   Garbage, litter and other debris which is considered to be a public nuisance by the Zoning Administrator.
      (8)   The outside storage of materials shall not be located within any building setback area.
   (FF)   Outside storage of vehicles in Residential districts. In any Residential district, the off-street parking of vehicles shall conform to the following provisions.
      (1)   The off-street parking on any automobile, trailer, camper, boat, or recreational vehicle shall be on a lawfully permitted hard-surfaced area constructed of concrete or asphalt.
      (2)   The off-street parking of any automobile, trailer, camper, boat, or recreational vehicle shall not be within any building setback area unless on a lawfully constructed parking area adjacent to an alley.
      (3)   Any automobile, trailer, camper, boat or recreational vehicle stored on private property shall be licensed and registered to the property owner or tenant.
      (4)   Any automobile, trailer, camper, boat, recreational vehicle stored on private property shall not be used to store materials or equipment.
   (GG)   Driveways and curb openings. The following standards shall apply for each use.
Maximum Curb Cut: Properties having a width of less than 80 feet at the property line
Maximum Curb Cut: Properties having a width of 80 feet or more at the property line
Maximum # of Curb Cuts
Minimum Distance Between Curb Cuts
Minimum Side Yard Driveway Setback
Maximum Curb Cut: Properties having a width of less than 80 feet at the property line
Maximum Curb Cut: Properties having a width of 80 feet or more at the property line
Maximum # of Curb Cuts
Minimum Distance Between Curb Cuts
Minimum Side Yard Driveway Setback
Single Family Interior Lot
24 feet
30 feet
1
20 feet
10 feet
Single Family Corner Lot
24 feet
30 feet
1
20 feet
10 feet
Single Family Corner Lot utilizing circular drive
14 feet
14 feet
2
20 feet
10 feet
Single Family Cul-de-Sac Lot
24 feet
24 feet
1
20 feet
10 feet
Multi-Family (2–8 units)
24 feet
30 feet
1
20 feet
10 feet
Multi-Family (Over 8 units)
24 feet
30 feet
2
20 feet
10 feet
Commercial/Business
36 feet
36 feet
2
20 feet
10 feet
Industrial
50 feet
50 feet
4
20 feet
10 feet
 
   (HH)   Residential occupancies. Residential occupancies of single and two family dwellings in the R-1, R-1S and R-2 Districts shall be limited to family-functional and family-traditional as defined by § 156.003. A family-traditional or family-functional may have 1 additional person residing with them for non-rental purposes or for the purposes of providing a housekeeping or personal service for the resident(s) therein.
   (II)   For every new attached or detached residential dwelling unit constructed, an individual water service and shut-off shall be installed for each dwelling unit. Multi-unit rental apartment buildings are not subject to this provision.
   (JJ)   Landscaping. In conjunction with any new residential dwelling, commercial or industrial building, landscaping, including seeded or sodding, shall occur within 1 year after a building permit is issued.
   (KK)   Pergolas and dog kennels.
      (1)    Building setbacks for pergolas and dog kennels are as follows:
 
Valley
Hilltop
Side yard - 5 feet
Side yard - 10 feet
Rear yard - 5 feet
Rear yard - 10 feet
 
      (2)   Pergolas and dog kennels shall not be located within any front yard building setback.
   (LL)   Playhouses. Permitted in any residential zoning district, subject to the following:
      (1)   Maximum floor area shall not exceed 60 square feet.
      (2)   Maximum height shall not exceed 5 feet.
      (3)   Minimum setback is 5 feet from any rear or side property line.
      (4)   Shall not be located within any front yard.
      (5)   No more than 1 playhouse permitted on any lot.
      (6)   Minimum setback is 5 feet from any ravine breakline.
      (7)   Shall be located a minimum of 5 feet from any main, accessory or utility building.
   (MM)   Garage and yard sales. Permitted in all residential districts and the Central Business District subject to the following:
      (1)   Events shall not exceed 3 days in length with no more the 4 events allowed in any 12-month period.
      (2)   No items related to the event shall be stored out-of-doors overnight.
      (3)   No items or materials shall be located in any boulevard or public right-of-way area.
(1975 Code, § 11.06) (Am. Ord. 3, passed 3-2-1981; Am. Ord. 5, passed 3-16-1981; Am. Ord. 21, passed 4-9-1982; Am. Ord. 23, passed 8-16-1982; Am. Ord. 24, passed 10-18-1982; Am. Ord. 36, passed 8-15-1983; Am. Ord. 114, passed 5-7-1990; Am. Ord. 146, passed 3-6-1995; Am. Ord. 193, passed 7-24-2000; Am. Ord. 194, passed 7-24-2000; Am. Ord. 206, passed 4-16-2001; Am. Ord. 214, 3rd Series, passed 4-15-2002; Am. Ord. 233, passed 12-1-2003; Am. Ord. 235, passed 1-20-2004; Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 17, 4th Series, passed 1-17-2008; Am. Ord. 21, 4th Series, passed 1-20-2009; Am. Ord. 34, 4th Series, passed 1-18-2011; Am. Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 63, 4th Series, passed 1-5-2015; Am. Ord. 86, 4th Series, passed 4-3-2017; Am. Ord. 102, 4th Series, passed 4-2-2018; Am. Ord. 112, 4th Series, passed 1-22-2019; Am. Ord. 114, 4th Series, passed 5-6-2019; Am. Ord. 125, 4th Series, passed 2-18-2020; Am. Ord. 153, 4th Series, passed 10-3-2022; Am. Ord. 168, 4th Series, passed 3-4-2024)

§ 156.036 R-A, RESIDENTIAL AGRICULTURAL DISTRICT.

   (A)   Purpose. This district is intended to establish an area which is best suited for the transition from agricultural use to urban use and to prevent unplanned, non-farm development and permit orderly and economic development of public services, utilities and schools.
   (B)   Permitted uses. The following are permitted uses:
      (1)    Single family detached dwellings;
      (2)   Agriculture, farming, and truck gardening; except kennels, animal, or poultry farms;
      (3)   Cannabis cultivation;
      (4)   Fences;
      (5)   Landscaping;
      (6)   Driveways.
   (C)   Conditional uses. The following uses may be permitted.
      (1)   Cemetery, memorial garden.
      (2)   Churches.
      (3)   Public uses.
      (4)   Schools, public and private.
      (5)   Home occupations when such use does not exceed one-third of the main floor space of a dwelling, is conducted only in the principal dwelling, and does not employ any persons not residing on the premises.
      (6)   Water supply buildings, reservoirs, wells, elevated tanks, and similar essential public utility and service structures.
   (D)   Accessory uses. The following are permitted uses.
      (1)   Private garage.
      (2)    In-ground private swimming pool serving a single-family residence when completely enclosed within a fence at least 6 feet in height or an automatic pool cover installed over the entire pool surface which meets ASTM F 1346 standards.
      (3)   Aboveground swimming pool.
      (4)   Driveways.
      (5)   Off-street parking.
      (6)   Utility buildings.
      (7)   Solar energy systems.
      (8)   Satellite reception equipment.
   (E)   Yard regulations.
      (1)   Front yard. For all uses allowed there shall be a front yard of not less than 30 feet. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side.
      (2)   Side yard. For all uses allowed there shall be a side yard, on each side of a building, having a width of not less than 10 feet.
      (3)   Rear yard. For all uses allowed there shall be a rear yard of not less than 25 feet.
      (4)   Transitional yards. There are no requirements.
   (F)   Ground coverage. The sum total of the ground area covered by all structures shall not exceed 20% of the lot on which the structures are located, for all permitted or conditional uses.
   (G)   Height regulations. No structure hereafter erected or altered shall exceed two and one-half stories or 30 feet in height.
(1975 Code, § 11.07) (Am. Ord. 3, passed 3-2-1981; Am. Ord. 22, passed 7-19-1982; Am. Ord. 105, 4th Series, passed 8-20-2018; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.037 R-1, ONE FAMILY DWELLING DISTRICT.

   (A)   Purpose. This district is intended to establish an area of low density residential uses.
   (B)   Special requirements. Conversion of any use to other than a permitted or an approved conditional use is prohibited.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Single family detached dwellings.
      (2)   Fences.
      (3)   Non-commercial gardening.
      (4)   Landscaping.
      (5)   Driveways.
      (6)   Churches, provided that no building shall be located within 50 feet of any abutting lot line in any of the classes of residential districts.
      (7)   Public buildings and uses of the following kind: elementary and secondary schools, parks, playgrounds, libraries, museums, community centers and recreation centers, or private schools having a curriculum equivalent to a public elementary school or public high school.
      (8)   Home occupations. See § 156.035(BB).
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Bed and breakfast..
      (2)   Cemetery.
      (3)   Government, public utility and public services uses.
   (E)   Accessory uses.
      (1)   The following are permitted uses:
         (a)   Private garage.
         (b)    In-ground private swimming pool serving a single-family residence when completely enclosed within a fence at least 6 feet in height or an automatic pool cover installed over the entire pool surface which meets ASTM F 1346 standards.
         (c)   Aboveground pool.
         (d)   Driveways.
         (e)   Off-street parking.
         (f)   Utility buildings.
         (g)   Solar energy systems,
         (h)   Satellite reception equipment.
      (2)   The raising and keeping of farm animals is not permitted.
   (F)   Lot area. Every single family dwelling erected shall require a lot area of not less than 9,000 square feet.
   (G)   Lot width and depth.
      (1)   Lot width. Every lot or plot upon which there is erected a single family dwelling shall require a minimum width of 90 feet at the building setback line.
      (2)   Lot depth. Every lot or plot upon which there is erected a single family dwelling shall require a minimum depth of not less than 100 feet.
   (H)   Yard regulations.
      (1)   Front yard. For all uses allowed there shall be a front yard of not less than 30 feet. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side.
      (2)   Side yard. For all uses allowed, there shall be a side yard, on each side of the building, each not less than 10 feet in width.
      (3)   Rear yard. For all uses allowed there shall be a rear yard of not less than 25 feet.
      (4)   Transitional yards. There are no requirements.
   (I)   Ground coverage. Not more than 40% of a lot or plot shall be covered by all main and accessory buildings.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed two and one-half stories or 30 feet in height. Accessory buildings shall not exceed 1-1/2 stories in height or 22 feet in height.
   (K)   State licensed residential facility. State licensed residential facilities are allowed in all residential districts pursuant to Minnesota State Statutes, as amended from time to time. The regulation of residential occupancies contained in this section shall not apply to a state licensed residential facility.
(1975 Code, § 11.08) (Am. Ord. 214, passed 4-15-2002; Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 21, 4th Series, passed 1-20-2009 ; Am. Ord. 105, 4th Series, passed 8-20-2018)

§ 156.038 R1-S, ONE-FAMILY DWELLING, SMALL LOT DISTRICT.

   (A)   Purpose. This district is intended to establish an area of single-family residential development on smaller lots.
   (B)   Permitted uses. The following are permitted uses:
      (1)   Single family detached dwellings.
      (2)   Fences.
      (3)   Non-commercial gardening.
      (4)   Landscaping.
      (5)   Driveways.
      (6)   Churches, provided that no building shall be located within 50 feet of any abutting lot line in any of the classes of residential districts.
      (7)   Public buildings and uses of the following kind: elementary and secondary schools, parks, playgrounds, libraries, museums, community centers and recreation centers, or private schools having a curriculum equivalent to a public elementary school or public high school.
      (8)   Home occupations. See § 156.035(BB).
   (C)   Conditional uses. The following uses may be permitted:
      (1)   Cemetery.
      (2)   Government, public utility and public service uses.
   (D)   Accessory uses. The following are permitted uses:
      (1)   Private garage.
      (2)    In-ground private swimming pool serving a single-family residence when completely enclosed with a fence at least 6 feet in height or an automatic pool cover installed over the entire pool surface which meets ASTM F 1346 standards.
      (3)   Above-ground swimming pool.
      (4)   Driveways.
      (5)   Off-street parking.
      (6)   Utility buildings.
      (7)   Solar energy systems.
      (8)   Satellite reception equipment.
   (E)   Lot area (detached). Every single family detached dwelling erected shall require a lot area of not less than 6,000 square feet.
   (F)   Lot width and depth.
      (1)   Lot width (detached). Every lot or plot upon which there is erected a single- family detached dwelling shall require a minimum width of 60 feet at the building setback line.
      (2)   Lot depth. Every lot or plot upon which there is erected a single family dwelling shall require a minimum depth of not less than 100 feet.
   (G)   Yard regulations.
      (1)   Front yard. For all uses allowed there shall be a front yard of not less than 30 feet. Where a lot is located at the intersection of 2 or more streets there shall be 1 front yard of not less than 30 feet and 1 front yard of not less than 15 feet.
      (2)   Side yard. For all uses allowed there shall be a side yard of not less than 6 feet.
      (3)   Rear yard. For all uses allowed there shall be a rear yard of not less than 25 feet.
      (4)   Transitional yards. There are no requirements.
   (H)   Ground coverage. Not more than 40% of a lot or plot shall be covered by all main and accessory buildings.
   (I)   Height regulations. No structure hereafter erected or altered shall exceed 2-1/2 stories or 30 feet in height. Accessory uses shall not exceed 1-1/2 stories or 22 feet in height.
   (J)   Variances. No variances to reduce minimum building setbacks or minimum lot sizes shall be granted in the R-1S, One-Family Dwelling-Small Lot District.
(Ord. passed - - ; Am. Ord. 8, 4th Series , passed 1-16-2007; Am. Ord. 83, 4th Series, passed 12-5-2016 ; Am. Ord. 105, 4th Series, passed 8-20-2018)

§ 156.039 R-2, ONE AND TWO FAMILY DWELLING DISTRICT.

   (A)   Purpose. This district is intended to establish an area low density residential development allowing one- and two-family dwellings.
   (B)   Special requirements.
      (1)   Conversion of any use to other than a permitted or approved conditional use is prohibited.
      (2)   All two-family dwellings which share a common vertical wall and whose lot size and front footage render them capable of being converted to a twin home shall conform to the twin home building code requirements.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Single family detached dwellings.
      (2)   Two family dwellings.
      (3)   Fences.
      (4)   Non-commercial gardening.
      (5)   Landscaping.
      (6)   Driveways.
      (7)   Churches, provided that no building shall be located within 50 feet of any abutting lot line in any of the classes of residential districts.
      (8)   Public buildings and uses of the following kind: elementary and secondary schools, parks, playgrounds, libraries, museums, community centers and recreation centers, or private schools having a curriculum equivalent to a public elementary school or public high school.
      (9)    Home occupations. See § 156.035(BB).
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Cemetery
      (2)   Government, public utility and public service uses.
   (E)   Accessory uses. The following are permitted uses:
      (1)   Private garage.
      (2)    In-ground private swimming pool serving a single-family residence when completely enclosed with a fence at least 6 feet in height or an automatic pool cover installed over the entire pool surface which meets ASTM F 1346 standards.
      (3)   Aboveground swimming pool.
      (4)   Driveways.
      (5)   Off-street parking.
      (6)   Utility buildings.
      (7)   Solar energy systems.
      (8)   Satellite reception equipment.
      (9)   Accessory uses customarily incidental to and on the same lot as the principal use as regulated by this chapter.
   (F)   Lot area.
      (1)   Lot area (detached). Every single family detached dwelling erected shall require a lot area of not less than 7,500 square feet.
      (2)   Lot area (attached). Every single family attached dwelling erected shall require a lot area of not less than 10,500 square feet.
      (3)   Lot area (two-family/duplex). Every two family dwelling erected shall require a lot area of not less than 8,750 square feet.
      (4)   Planned unit developments shall require at least 10 acres.
   (G)   Lot width and depth.
      (1)   Lot width (detached). Every lot upon which there is erected a single family detached dwelling shall require a minimum width of 75 feet at the building setback line.
      (2)   Lot width (attached). Every lot upon which there is erected a single family attached dwelling consisting of two dwelling units shall require a minimum width of 80 feet at the building setback line; each additional dwelling unit attached thereafter shall require a minimum additional width of 18 feet per unit at the building setback line.
      (3)   Lot width (two family). Every lot upon which there is erected a two family dwelling shall require a minimum width of 80 feet at the building setback line.
      (4)   Lot depth. Every lot or plot upon which there is erected a single family dwelling, whether attached or detached, a two family dwelling, or a multiple family dwelling shall require a minimum depth of not less than 100 feet.
   (H)   Yard regulations.
      (1)   Front yard. For all uses allowed there shall be a front yard of not less than 30 feet. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side.
      (2)   Side yard. For all uses allowed there shall be a side yard of not less than 10 feet.
      (3)   Rear yard. For all uses allowed there shall be a rear yard of not less than 25 feet.
      (4)   Transitional yards. There are no requirements.
   (I)   Ground coverage. Not more than 40% of a lot or plot shall be covered by all main and accessory buildings.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed two and one-half stories or 30 feet in height. Accessory uses shall not exceed 1-1/2 stories in height or 22 feet.
   (K)   Zero lot line dwellings.
      (1)   Twin homes shall be subject to the following regulations:
         (a)   The required lot area for each dwelling in a twin home shall be at a minimum one-half of the minimum lot area for 2 single family attached dwellings in the relevant zoning district;
         (b)   Every lot or plot upon which there is erected a dwelling as part of a twin home shall have a minimum width of 40 feet at the building setback line and a minimum depth of 100 feet;
         (c)   Each dwelling in a twin home shall have a front yard of not less than 30 feet, a rear yard of not less than 25 feet, and a side yard of not less than 10 feet. Where a dwelling is located on a lot which is on the intersection of 2 or more streets, there shall be a yard of not less than 30 feet on each street side and a yard of not less than 25 feet on the remaining side;
         (d)   Dwellings in a twin home shall be governed by the height and ground coverage regulations for single family attached dwellings in the relevant zoning district.
      (2)   All other zero lot line dwellings shall be subject to the following regulations:
         (a)   Zero lot line dwellings may be erected in such a manner that 2 single family dwellings share a common wall located on the common rear lot line;
         (b)   The zero lot line dwellings described in subsection (1) shall be permitted uses within R-2, R-3 and R-4 zoning districts. The zoning standards shall be proportionate to the minimum standards for single family attached dwellings in the relevant zoning district.
      (3)   Deed restrictions shall be recorded with the property requiring that the structure and yard areas shall have a uniform exterior appearance in terms of color, design and maintenance. These restrictions shall be in the form of a homeowners association or a homeowners agreement.
(1975 Code, § 11.09) (Am. Ord. 29-82, passed 12-6-1982; Am. Ord. 54, passed 12-17-1984; Am. Ord. 239, passed 5-17-2004; Am. Ord. 8, 4th Series , passed 1-16-2007 ; Am. Ord. 105, 4th Series, passed 8-20-2018)

§ 156.040 R-3, LIMITED MULTIPLE DWELLING DISTRICT.

   (A)   Purpose. This district is intended to establish an area of limited high density residential uses.
   (B)   Special requirements.
      (1)   Conversion of any use to other than a permitted or approved conditional use is prohibited. Single family attached dwellings permitted shall not exceed 8 dwelling units per structure. Apartments, apartment buildings, and multiple family dwellings permitted shall not exceed 12 dwelling units per structure.
      (2)   All two-family dwellings which share a common vertical wall and whose lot size and front footage render them capable of being converted to a twin home shall conform to the twin home building code requirements.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Single family detached dwellings.
      (2)   Two family dwellings.
      (3)   Fences.
      (4)   Non-commercial gardening.
      (5)   Landscaping.
      (6)   Driveways.
      (7)   Churches, provided that no building shall be located within 50 feet of any abutting lot line in any of the classes of residential districts.
      (8)   Public buildings and uses of the following kind: elementary and secondary schools, parks, playgrounds, libraries, museums, community centers and recreation centers, or private schools having a curriculum equivalent to a public elementary school or public high school.
      (9)   Home occupations. See § 156.035(BB).
      (10)   Apartments or apartment buildings.
      (11)   Multiple family dwellings.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Cemetery.
      (2)   Government, public utility and public service uses.
      (3)   Mobile home or trailer park pursuant to the provisions of the City Code.
   (E)   Accessory uses. The following are permitted uses:
      (1)   Private garage.
      (2)    In-ground private swimming pool serving a single-family residence when completely enclosed with a fence at least 6 feet in height or an automatic pool cover installed over the entire pool surface which meets ASTM F 1346 standards.
      (3)   Aboveground swimming pool.
      (4)   Driveways.
      (5)   Off-street parking.
      (6)   Utility buildings.
      (7)   Solar energy systems.
      (8)   Satellite reception equipment.
      (9)   Accessory uses customarily incidental to and on the same lot as the principal use as regulated by this chapter.
       (10)   In-ground swimming pool serving a multi-family dwelling(s) when completely enclosed with a fence of at least 6 feet in height.
   (F)   Lot area.
      (1)   Lot area (detached). Every single family detached dwelling erected shall require a lot area of not less than 6,500 square feet.
      (2)   Lot area (attached). Every single family attached dwelling erected shall require a lot area of not less than 9,000 square feet for the first two dwelling units erected, plus 3,000 square feet for each additional unit attached.
      (3)   Lot area (two family). Every two family dwelling erected shall require a lot area of not less than 8,800 square feet.
      (4)   Lot area (multiple). Every multiple family dwelling erected shall require a lot area of not less than 11,000 square feet for the first 3 dwelling units erected plus 1,500 square feet for each additional unit attached.
   (G)   Lot width and depth.
      (1)   Lot width (detached). Every lot upon which there is erected a single family detached dwelling shall require a minimum width of 65 feet at the building setback line.
      (2)   Lot width (attached). Every lot upon which there is erected a single family attached dwelling consisting of two dwelling units shall require a minimum width of 80 feet at the building setback line; each additional dwelling unit attached thereafter shall require a minimum additional width of 16 feet per unit at the building setback line.
      (3)   Lot width (two family/duplex). Every lot upon which there is erected a two family dwelling shall require a minimum width of 80 feet at the building setback line.
      (4)   Lot width (multiple). Every lot upon which there is erected a multiple family dwelling shall require a minimum width of 100 feet at the building setback line.
      (5)   Lot depth. Every lot upon which there is erected a single family dwelling, whether attached or detached, a two family dwelling; or a multiple family dwelling shall require a minimum depth of not less than 100 feet.
   (H)   Yard regulations.
      (1)   Front yard. For all uses allowed there shall be a front yard of not less than 30 feet. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side.
      (2)   Side yard. For all uses allowed there shall be a side yard, on each side of the building, each not less than 10 feet in width, plus 1 additional foot for each side yard required for each 1 foot or fraction thereof of building height in excess of 30 feet.
      (3)   Rear yard. For all uses allowed there shall be a rear yard of not less than 25 feet.
      (4)   Transitional yards. There are no requirements.
   (I)   Ground coverage. Not more than 50% of a lot or plot shall be covered by all main and accessory buildings.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed 45 feet in height, except as may be permitted in division (D)(4) of this section, as regulated by this chapter. Accessory uses shall not exceed 1-1/2 stories or 22 feet in height.
(1975 Code, § 11.11) (Am. Ord. 54, passed 12-17-1984; Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord.53, 4th Series, passed 1-21-2014; Am. Ord. 105, 4th Series, passed 8-20-2018; Am. Ord. 139, 4th Series, passed 3-15-2021)

§ 156.0401 R-3A, MEDIUM DENSITY RESIDENTIAL DISTRICT.

   (A)   Purpose. This district is intended to establish an area for medium density residential uses. Such areas are intended for the development of single-family attached and detached dwellings and medium density residential dwellings such as duplexes, townhomes and smaller apartment buildings.
   (B)   Special requirements.
      (1)   The density of residential development upon any lot in an R-3A zone shall not exceed 6 dwelling units per acre.
      (2)   Conversion of any use to other than a permitted or approved conditional use is prohibited. Single family attached dwellings permitted shall not exceed 4 dwelling units per structure. Apartments, apartment buildings, and multiple dwellings shall not exceed 4 dwelling units per structure.
      (3)   All two-family dwellings which share a common vertical wall and whose lot size and front footage render them capable of being converted to a twin home shall conform to the Twin Home Building Code requirements.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Single-family detached dwellings.
      (2)   Two-family dwellings.
      (3)   Fences.
      (4)   Non-commercial gardening.
      (5)   Landscaping.
      (6)   Driveways.
      (7)   Churches, provided that no building shall be located within 50 feet of any abutting lot line in any of the classes of residential districts.
      (8)   Public buildings and uses of the following kind: elementary and secondary schools, parks, playgrounds, libraries, museums, community centers and recreation centers, or private schools having a curriculum equivalent to a public elementary school or public high school.
      (9)   Home occupations. See § 156.035(BB).
      (10)   Apartments or apartment buildings not to exceed 4 dwelling units per structure.
      (11)   Multiple family dwellings not to exceed 4 dwelling units per structure.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Cemetery.
      (2)   Government, public utility and public service uses.
   (E)   Accessory uses. The following are permitted uses:
      (1)   Private garage.
      (2)    In-ground private swimming pool serving a single-family residence when completely enclosed with a fence at least 6 feet in height or an automatic pool cover installed over the entire pool surface which meets ASTM F 1346 standards.
      (3)   Above-ground swimming pool.
      (4)   Driveways.
      (5)   Off-street parking.
      (6)   Utility buildings.
      (7)   Solar energy systems.
      (8)   Satellite reception equipment.
       (9)   Accessory uses customarily incidental to and on the same lot as the principal use as regulated by this chapter.
      (10)   In-ground swimming pool serving a multi-family dwelling(s) when completely enclosed with a fence of at least 6 feet in height.
   (F)   Lot area.
      (1)   Lot area (detached). Every single family detached dwelling erected shall require a lot area of not less than 6,500 square feet.
      (2)   Lot area (attached). Every single-family attached dwelling erected shall require a lot area of not less than 9,000 square feet for the first 2 dwelling units erected, plus 3,000 square feet for each additional unit attached.
      (3)   Lot area (two-family). Every two-family dwelling erected shall require a lot area of not less than 8,800 square feet.
      (4)   Lot area (multiple). Every multiple family dwelling erected shall require a lot area of not less than 11,000 square feet for the first 3 dwelling units erected plus 1,500 square feet for each additional unit attached.
   (G)   Lot width and depth.
      (1)   Lot width (detached). Every lot upon which there is erected a single-family detached dwelling shall require a minimum width of 65 feet at the building setback line.
      (2)   Lot width (attached). Every lot upon which there is erected a single-family attached dwelling consisting of 2 dwelling units shall require a minimum width of 80 feet at the building setback line; each additional dwelling unit attached thereafter shall require a minimum additional width of 16 feet per unit at the building setback line.
      (3)   Lot width (two family/duplex). Every lot upon which there is erected a two family dwelling shall require a minimum width of 80 feet at the building setback line.
      (4)   Lot width (multiple). Every lot upon which there is erected a multiple family dwelling shall require a minimum width of 100 feet at the building setback line.
      (5)   Lot depth. Every lot upon which there is erected a single-family dwelling, whether attached or detached, a two-family dwelling; or a multiple family dwelling shall require a minimum depth of not less than 100 feet.
   (H)   Yard regulations.
      (1)   Front yard. For all uses allowed there shall be a front yard of not less than 30 feet. Where a lot is located at the intersection of 2 or more streets there shall be a front yard on each street side.
      (2)   Side yard. For all uses allowed there shall be a side yard, on each side of the building, each not less than 10 feet in width, plus 1 additional foot for each side yard required for each 1 foot or fraction thereof of building height in excess of 30 feet.
      (3)   Rear yard. For all uses allowed there shall be a rear yard of not less than 25 feet.
      (4)   Transitional yards. There are no requirements.
   (I)   Ground coverage. Not more than 50% of a lot or plot shall be covered by all main and accessory buildings.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed 3 stories or 30 feet in height. Accessory buildings shall not exceed 1-1/2 stories in height or 22 feet in height.
(Ord. 64, 4th Series, passed 2-17-2015 ; Am. Ord. 105, 4th Series, passed 8-20-2018)

§ 156.041 R-4, MULTIPLE DWELLING DISTRICT.

   (A)   Purpose. This district is intended to establish a residential area of high density.
   (B)   Special requirements.
      (1)   Conversion of any use to other than a permitted or approved conditional use is prohibited.
      (2)   All two family dwellings which share a common vertical wall and whose lot size and front footage render them capable of being converted to a twin home shall conform to the twin home building code requirements.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Single family detached dwellings.
      (2)   Two family dwellings.
      (3)   Apartment buildings in excess of 12 units per building.
      (4)   Multi-family dwellings in excess of 8 units per building.
      (5)   Fences.
      (6)   Non-commercial gardening.
      (7)   Landscaping.
      (8)   Driveways.
      (9)   Churches, provided that no building shall be located within 50 feet of any abutting lot line in any of the classes of residential districts.
      (10)   Public buildings and uses of the following kind: elementary and secondary schools, parks, playgrounds, libraries, museums, community centers and recreation centers, or private schools having a curriculum equivalent to a public elementary school or public high school.
      (11)   Home occupations. See § 156.035(BB).
       (12)   In-ground swimming pool serving a multi-family dwelling(s) when completely enclosed with a fence of at least 6 feet in height.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Bed and breakfast.
      (2)   Cemetery.
      (3)   Government, public utility and public service uses.
      (4)   Hotels, motels and apartment hotels in which no business shall be conducted except as a service for guests thereof accessible to customers from inside the building.
   (E)   Accessory uses. The following are permitted uses:
      (1)   Private garage.
      (2)    In-ground private swimming pool serving a single-family residence when completely enclosed with a fence at least 6 feet in height or an automatic pool cover installed over the entire pool surface which meets ASTM F 1346 standards.
      (3)   Aboveground swimming pool.
      (4)   Driveways.
      (5)   Off-street parking.
      (6)   Utility buildings.
      (7)   Solar energy systems.
      (8)   Satellite reception equipment.
   (F)   Lot area.
      (1)   Lot area (detached). Every single family detached dwelling erected shall require a lot area of not less than 6,000 square feet.
      (2)   Lot area (attached). Every single family attached dwelling erected shall require a lot area of not less than 9,000 square feet for the first two dwelling units erected plus 3,000 square feet for each additional unit attached.
      (3)   Lot area (two family). Every two family dwelling erected shall require a lot area of not less than 8,800 square feet.
      (4)   Lot area (multiple). Every multiple family dwelling erected shall require a lot area of not less than 11,000 square feet for the first 3 dwelling units erected plus 500 square feet for each additional unit attached.
   (G)   Lot width and depth.
      (1)   Lot width (detached). Every lot upon which there is erected a single family detached dwelling shall require a minimum width of 60 feet at the building setback line.
      (2)   Lot width (attached). Every lot upon which there is erected a single family attached dwelling consisting of 2 dwelling units shall require a minimum width of 80 feet at the building setback line; each additional dwelling unit attached thereafter shall require a minimum additional width of 16 feet per unit at the building setback line.
      (3)   Lot width (two family). Every lot or plot upon which there is erected a two family dwelling shall require a minimum width of 80 feet at the building setback line.
      (4)   Lot width (multiple). Every lot or plot upon which there is erected a multiple family dwelling shall require a minimum width of 110 feet at the building setback line.
      (5)   Lot depth. Every lot or plot upon which there is erected a single family dwelling, whether attached or detached, a two family dwelling, or a multiple family dwelling shall require a minimum depth of not less than 100 feet.
   (H)   Yard regulations.
      (1)   Front yard. For all uses allowed there shall be a front yard of not less than 30 feet. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of each corner lot.
      (2)   Side yard. For all uses allowed there shall be a side yard, on each side of the building, each not less than 10 feet in width, plus 1 additional foot for each side yard required for each 1 foot or fraction thereof of building height in excess of 45 feet.
      (3)   Rear yard. For all uses allowed there shall be a rear yard of not less than 25 feet.
      (4)   Transitional yards. There are no requirements.
   (I)   Ground coverage. Not more than 60% of a lot shall be covered by all main and accessory buildings.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed 45 feet in height, except as may be permitted in division (D)(4) of this section, as regulated by this chapter. Accessory uses shall not exceed 1-1/2 stories or 22 feet in height.
(1975 Code, § 11.11) (Am. Ord. 54, passed 12-17-1984; Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord.53, 4th Series, passed 1-21-2014; Am. Ord. 105, 4th Series, passed 8-20-2018; Am. Ord. 139, 4th Series, passed 3-15-2021)

§ 156.042 B-1, NEIGHBORHOOD BUSINESS DISTRICT.

   (A)   Purpose. The Neighborhood Business District is intended to establish an area for the convenience of persons residing in adjacent residential areas and to permit such uses as are necessary to satisfy basic needs by encouraging an optimum mix of office, institutional, and retail in proximity to places of residence.
   (B)   Special requirements.
      (1)   Business establishments are restricted to a maximum floor area of 5,000 square feet each so as to limit the volume of vehicular and pedestrian traffic in and around their function and location. Business establishments are restricted to a minimum floor area of 800 square feet. All business establishments shall be retail or service establishments dealing directly with consumers.
      (2)   Every use, unless expressly exempted by this subdivision shall be operated in its entirety within a completely enclosed structure, the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.
      (3)   Every use shall be connected to municipal utilities and be constructed on a permanent foundation.
      (4)   Only one business permitted per lot except when located within the same structure.
   (C)   Permitted uses.
      (1)    The following are permitted uses:
         (a)   Antique store.
         (b)   Apparel store.
         (c)   Appliance store.
         (d)   Art gallery, studio, school or supply store.
         (e)   Bakeries, retail.
         (f)   Banks, savings and loans or finance companies.
         (g)   Barber and beauty shops.
         (h)   Book store.
         (i)   Business machine store.
         (j)   Camera and photographic studio and supply.
         (k)   Candy, ice cream, confectionary store.
         (l)   Caterer.
         (m)   Cemetery, memorial garden, need not be enclosed.
         (n)   Churches.
         (o)   Clinic, dental or medical, but not animal clinic.
         (p)   Club or lodge.
         (q)   Community centers, parks or public buildings.
         (r)   Convent, monastery or similar institution for religious training.
         (s)   Dairy store.
         (t)   Day cares.
         (u)   Delicatessen.
         (v)   Driveways.
         (w)   Drug store.
         (x)   Dry cleaning.
         (y)   Essential public utility and service structures.
         (z)   Fences.
         (aa)   Floral and garden supply including nursery, need not be enclosed.
         (bb)   Gift, novelty or souvenir store.
         (cc)   Grocery store.
         (dd)   Hardware store.
         (ee)   Hobby store.
         (ff)   Institution of religious, charitable or philanthropic nature.
         (gg)   Interior decorating store and supply.
         (hh)   Laboratory, medical or dental.
         (ii)   Laundromat.
         (jj)   Leather goods store - retail only.
         (kk)   Libraries, auditoriums, museums, or other cultural institutions.
         (ll)   Locksmith or key stand, need not be enclosed.
         (mm)   Medical intern or resident doctor's quarters.
         (nn)   Office of any type.
         (oo)   Optical services and supply.
         (pp)   Parking of vehicles, need not be enclosed.
         (qq)   Private recreation facilities; tennis court, golf club, swimming pool.
         (rr)   Rehabilitation center for handicapped persons.
         (ss)   Restaurants or other eating places including drive-ins.
         (tt)   School, public or private.
         (uu)   Shoe repair shops.
         (vv)   Sporting goods store.
         (ww)   Stationery store.
         (xx)   Tailor shops.
         (yy)   Toy store.
         (zz)   Travel bureau or ticket agency.
         (aaa)   Variety stores.
      (2)   Every permitted use allowed shall be constructed on a permanent foundation and be connected to municipal utilities.
      (3)   Only 1 business permitted per lot except when located in the same structure.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Cannabis cultivation.
      (2)   Cannabis delivery.
      (3)   Cannabis retail.
      (4)   Dwelling units located in business establishments above the ground floor as regulated by this chapter.
      (5)   Home occupations.
      (6)   Public development.
      (7)   Building materials not specifically approved in § 156.054 only after it is demonstrated that the proposed material is equal to or better than approved materials.
   (E)   Accessory uses. The following is a permitted use: Storage structure not to exceed 600 square feet.
   (F)   Lot area.
      (1)   For each permitted or conditional use there shall be provided not less than 9,000 square feet of lot area except as may be required with respect to dwelling units located in business establishments above the ground floor.
      (2)   For each dwelling unit located in business establishments above the ground floor there shall be provided 1,000 square feet of lot area in addition to that amount required for the business establishment.
   (G)   Lot width and depth.
      (1)   Lot width. Every lot upon which there is a permitted or conditional use shall require a minimum width of 75 feet at the building setback line.
      (2)   Lot depth. Every lot upon which there is a permitted or conditional use shall require a minimum depth of 120 feet.
   (H)   Yard regulations. The minimum yard regulations are as follows:
Front Yard:
 
Main and Accessory Buildings
15 feet
Parking Areas
10 feet
Side Yards:
 
Main and Accessory Buildings
10 feet
Parking Areas
10 feet
Rear Yard:
 
Main and Accessory Buildings
15 feet
Parking Areas
10 feet
 
      (1)   Where a lot is located at the intersection of 2 or more streets there shall be a front yard on each street side.
      (2)   Transitional yards. There are no requirements.
   (I)   Ground coverage. Not more than 60% of a lot shall be covered by all main and accessory buildings.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed three stories or 45 feet in height, except as may be permitted in division (D)(7) of this section, as regulated by this chapter. Accessory buildings shall not exceed one story in height.
(1975 Code, § 11.12) (Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 17, 4th Series, passed 1-17-2008; Am. Ord. 30, 4th Series, passed 1-4-2010; Am. Ord. 79, 4th Series, passed 8-1-2016; Am. Ord. 177, 4th Series, passed 10-21-2024; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.043 B-2, COMMUNITY BUSINESS DISTRICT.

   (A)   Purpose. The Community Business District is intended to establish a shopping district for the convenience of persons residing in nearby residential areas and, thereby, provides a broad range of services and goods for both daily and occasional shopping and service needs in a contiguous location.
   (B)   Special requirements. Every use, unless expressly exempted by this subdivision, shall be operated in its entirety within a completely enclosed complex of structures; the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.
   (C)   Permitted uses.
      (1)    The following are permitted uses:
         (a)   Antique store.
         (b)   Apparel store.
         (c)   Appliance store.
         (d)   Art gallery, studio, school or supply store.
         (e)   Bakeries, retail.
         (f)   Banks, savings and loans or finance companies.
         (g)   Barber and beauty shops.
         (h)   Book store.
         (i)   Bowling alley.
         (j)   Business machine store.
         (k)   Business, trade or commercial school.
         (l)   Camera and photographic studio and supply.
         (m)   Candy, ice cream, confectionary store.
         (n)    Cannabis delivery.
         (o)   Cannabis retail.
         (p)   Caterer.
         (q)   Cemetery, memorial garden, need not be enclosed.
         (r)   Churches.
         (s)   Clinic, dental or medical, but not animal clinic.
         (t)   Club or lodge.
         (u)   Community centers, parks or public buildings.
         (v)   Convent, monastery or similar institution for religious training.
         (w)   Dairy store.
         (x)   Day cares.
         (y)   Delicatessen.
         (z)   Driveways.
         (aa)   Drug store.
         (bb)   Dry cleaning.
         (cc)   Essential public utility and service structures.
         (dd)   Fences.
         (ee)   Floral and garden supply including nursery, need not be enclosed.
         (ff)   Gift, novelty or souvenir store.
         (gg)   Grocery store.
         (hh)   Hardware store.
         (ii)   Hobby store.
         (jj)   Hotels and motels.
         (kk)   Institution of religious, charitable or philanthropic nature.
         (ll)   Interior decorating store and supply.
         (mm)   Laundromat.
         (nn)   Laboratory, medical or dental.
         (oo)   Libraries, auditoriums, museums, or other cultural institutions.
         (pp)   Leather goods store – retail only.
         (qq)   Locksmith or key stand, need not be enclosed.
         (rr)   Medical intern or resident doctor's quarters.
         (ss)   Mortuary, funeral home.
         (tt)   Office condominium.
         (uu)   Office of any type.
         (vv)   Optical services and supply.
         (ww)   Parking of vehicles, need not be enclosed.
         (xx)   Private recreation facilities; tennis court, golf club, swimming pool.
         (yy)   Rehabilitation center for handicapped persons.
         (zz)   Restaurants and other eating places, excluding drive-ins.
         (aaa)   Restaurants or other eating places including drive-ins.
         (bbb)   School, public or private.
         (ccc)   Shoe repair shops.
         (ddd)   Sporting goods store.
         (eee)   Stationery store.
         (fff)   Tailor shops.
         (ggg)   Theaters, excluding drive-in type service.
         (hhh)   Toy store.
         (iii)   Travel bureau or ticket agency.
         (jjj)   Variety stores.
      (2)   Every permitted use allowed shall be constructed on a permanent foundation and be connected to municipal utilities.
      (3)   Only 1 business permitted per lot except when located in the same structure.
   (D)   Conditional uses. The following uses may be permitted pursuant to division (B) of this section.
      (1)   Cannabis cultivation.
      (2)   Auto service.
      (3)   Automobile wash.
      (4)   Bar and cocktail lounges or similar uses offering alcoholic beverages for consumption on the premises.
      (5)   Public uses.
      (6)   Structures up to 5 stories or 65 feet in height if determined by the Planning Commission and the City Council that such height fits within the character of the surrounding neighborhood.
      (7)   Building materials not specifically approved in § 156.054 only after it is demonstrated that the proposed material is equal to or better than approved materials.
   (E)   Accessory uses. The following is a permitted use: Storage structure not to exceed 600 square feet.
   (F)   Lot area. All permitted or conditional uses shall require a lot area of at least 15,000 square feet.
   (G)   Lot width and depth. Minimum lot width of 100 feet and a minimum lot depth of 150 feet.
   (H)   Yard regulations. 
      (1)   The minimum yard regulations are as follows:
Front Yard:
 
Main and Accessory Buildings
15 feet
Parking Areas
10 feet
Side Yards:
 
Main and Accessory Buildings
10 feet
Parking Areas
10 feet
Rear yard:
 
Main and Accessory Buildings
15 feet
Parking Areas
10 feet
 
      (2)   Where a lot is located at the intersection of 2 or more streets there shall be a front yard on each side street.
   (I)   Ground coverage. Maximum ground coverage allowed shall be 65% of a lot.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed 3 stories or 45 feet in height, except as may be permitted in division (D)(5) of this section, as regulated by this chapter. Accessory buildings shall not exceed 1 story in height.
(1975 Code, § 11.13) (Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 17, 4th Series, passed 1-17-2008; Am. Ord. 30, 4th Series, passed 1-4-2010; Am. Ord. 79, 4th Series, passed 8-1-2016; Am. Ord. 177, 4th Series, passed 10-21-2024; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.044 B-3, GENERAL COMMERCIAL DISTRICT.

   (A)   Purpose. The General Commercial District is intended to establish a district of providing the broadest range of retail, wholesale, service, and commercial activities.
   (B)   Special requirements. Every use, unless expressly exempted by this division, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.
   (C)   Permitted uses.
      (1)    The following are permitted uses:
         (a)   Antique store.
         (b)   Apparel store.
         (c)   Appliance store.
         (d)   Art gallery, studio, school or supply store.
         (e)   Bakeries, retail.
         (f)   Banks, savings and loans or finance companies.
         (g)   Barber and beauty shops.
         (h)   Bars, taverns and cocktail lounges licensed to sell soft drinks, beer malt, or alcoholic beverages on sale, off sale or both.
         (i)   Book store.
         (j)   Bowling alley.
         (k)   Business machine store.
         (l)   Business, trade or commercial school.
         (m)   Camera and photographic studio and supply.
         (n)    Candy, ice cream, confectionary store.
         (o)   Cannabis delivery.
         (p)   Cannabis retail.
         (q)   Car sales lots, need not be enclosed.
         (r)   Catalog service and mail order house.
         (s)   Caterer.
         (t)   Cemetery, memorial garden, need not be enclosed.
         (u)   Churches.
         (v)   Clinic, dental or medical, but not animal clinic.
         (w)   Club or lodge.
         (x)   Community centers, parks or public buildings.
         (y)   Convent, monastery or similar institution for religious training.
         (z)   Conventions, or meeting facility.
         (aa)   Dairy store.
         (bb)   Dance studio.
         (cc)   Day cares.
         (dd)   Delicatessen.
         (ee)   Driveways.
         (ff)   Drug store.
         (gg)   Essential public utility and service structures.
         (hh)   Fences.
         (ii)   Floral and garden supply including nursery, need not be enclosed.
         (jj)   Gift, novelty or souvenir store.
         (kk)   Grocery store.
         (ll)   Hardware store.
         (mm)   Hobby store.
         (nn)   Hotels and motels.
         (oo)   Institution of religious, charitable or philanthropic nature.
         (pp)   Interior decorating store and supply.
         (qq)   Janitorial services.
         (rr)   Laboratory, medical or dental.
         (ss)   Laundry or dry-cleaning.
         (tt)   Leather goods store - retail only.
         (uu)   Libraries, auditoriums, museums, or other cultural institutions.
         (vv)   Locksmith or key stand, need not be enclosed.
         (ww)   Medical appliance sales and fittings.
         (xx)   Medical intern or resident doctor's quarters.
         (yy)   Mortuary, funeral home.
         (zz)   Motorcycle shop.
         (aaa)   Office condominium.
         (bbb)   Office of any type.
         (ccc)   Optical services and supply.
         (ddd)   Parking of vehicles, need not be enclosed.
         (eee)   Pet store, including animal clinic.
         (fff)   Private recreation facilities; tennis court, golf club, swimming pool.
         (ggg)   Public and private utilities.
         (hhh)   Rehabilitation center for handicapped persons.
         (iii)   Restaurants or other eating places including drive-ins.
         (jjj)   School, public or private.
         (kkk)   Shoe repair shops.
         (lll)   Sporting goods store.
         (mmm)   Stationery store.
         (nnn)   Tailor shops.
         (ooo)   Theater.
         (ppp)   Toy store.
         (qqq)   Travel bureau or ticket agency.
         (rrr)   Variety stores.
      (2)   Every permitted use allowed shall be constructed on a permanent foundation and be connected to municipal utilities.
      (3)   Only 1 business permitted per lot except when located in the same structure.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Automobile wash, service or repair;
      (2)   Cannabis cultivation;
      (3)   Convenience store;
      (4)   Taxidermist;
      (5)   Home and building supply store;
      (6)   Pawnshop;
      (7)   Dwelling units located in business establishments above the ground floor as regulated by this section;
      (8)   Landing or take-off area for rotorcraft, not including maintenance, repair, fueling, or hangar facilities;
      (9)   Structures up to five stories or 65 feet in height if determined by the Planning Commission and the City Council that such height fits within the character of the surrounding neighborhood;
      (10)   Building materials not specifically approved in § 156.054 only after it is demonstrated that the proposed material is equal to or better than approved materials.
   (E)   Accessory uses. The following is a permitted use: Storage building associated with the permitted use.
   (F)   Lot area.
      (1)   For each permitted or conditional use there shall be provided not less than 15,000 square feet of lot area.
      (2)   For each dwelling unit located in business establishments above the ground floor there shall be provided 1,000 square feet of lot area in addition to that amount required for the business establishment.
   (G)   Lot width and depth.
      (1)   Lot width. Every lot upon which there is a permitted or conditional use shall require a minimum width of 100 feet at the building setback line.
      (2)   Lot depth. Every lot or plot upon which there is a permitted or conditional use shall require a minimum depth of 150 feet.
   (H)   Yard regulations.
      (1)   The minimum yard regulations are as follows:
Front Yard:
 
Main and Accessory Buildings
15 feet
Parking Areas
10 feet
Side Yards:
 
Main and Accessory Buildings
10 feet
Parking Areas
10 feet
Rear Yard:
 
Main and Accessory Buildings
15 feet
Parking Areas
10 feet
 
      (2)   Where a lot is located at the intersection of 2 or more streets there shall be a front yard on each side street.
   (I)   Ground coverage. Not more than 70% of a lot shall be covered by all main and accessory buildings.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed 3 stories or 45 feet in height, except as may be permitted in division (D)(9) of this section, as regulated by this chapter. Accessory buildings shall not exceed 1 story in height.
(1975 Code, § 11.14) (Am. Ord. 30, passed 2-22-1983; Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 17, 4th Series, passed 1-17-2008; Am. Ord. 30, 4th Series, passed 1-4-2010; Am. Ord. 79, 4th Series, passed 8-1-2016; Am. Ord. 112, 4th Series, passed 1-22-2019; Am. Ord. 177, 4th Series, passed 10-21-2024; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.045 CBD, CENTRAL BUSINESS DISTRICT.

   (A)   Purpose. The Central Business District is intended to provide for low- to high-intensity pedestrian-oriented residential, office, retail, commercial, institutional and mixed-use (commercial/residential) development that supports the integrity of a downtown neighborhood, and serves the entire population. While pedestrian orientation is emphasized, the automobile is also accommodated. The CBD District accommodates the traditional "main street" character of the historical North Mankato downtown area (200 block of Belgrade), but also extends west to accommodate a combination of residential, commercial, and office uses. It includes a traditional residential corridor, with some houses that are maintained as residences and others that have converted to non-residential use.
   (B)   Special requirements. Every use, unless expressly exempted by this division, shall be operated in its entirety within a completely enclosed structure; the exception of a use from the requirement of the enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.
   (C)   Permitted uses.
      (1)   The following are permitted uses:
         (a)   Antique store.
         (b)   Apparel store.
         (c)   Appliance store.
         (d)   Art gallery, studio, school or supply store.
         (e)   Bakeries, retail.
         (f)   Banks, savings and loans or finance companies.
         (g)   Barber and beauty shops.
         (h)   Bars, taverns, and cocktail lounges licensed to sell soft drinks, beer malt, or alcoholic beverages on sale, off sale or both.
         (i)   Book store.
         (j)   Bowling alley.
         (k)   Business machine store.
         (l)   Business, trade or commercial school.
         (m)   Camera and photographic studio and supply.
         (n)   Candy, ice cream, confectionary store.
         (o)   (Reserved).
         (p)   Catalog service and mail order house.
         (q)   Caterer.
         (r)   (Reserved).
         (s)   Churches.
         (t)   Clinic, dental or medical, but not animal clinic.
         (u)   Club or lodge.
         (v)   Community centers, parks or public buildings.
         (w)   Convent, monastery or similar institution for religious training.
         (x)   Conventions, or meeting facility.
         (y)   Dairy store.
         (z)   Dance studio.
         (aa)   Day cares.
         (bb)   Delicatessen.
         (cc)   Drug store.
         (dd)   Dwellings:
            1.   Single-family detached.
            2.   Two-family.
            3.   Apartments or apartment buildings.
            4.   Multiple family dwellings.
         (ee)   Essential public utility and service structures.
         (ff)   Fences.
         (gg)   Floral and garden supply including nursery, need not be enclosed.
         (hh)   Gift, novelty or souvenir store.
         (ii)   Grocery store.
         (jj)   Hardware store.
         (kk)   Hobby store.
         (ll)   Hotels and motels.
         (mm)   Institution of religious, charitable or philanthropic nature.
         (nn)   Interior decorating store and supply.
         (oo)   Janitorial services.
         (pp)   Laboratory, medical or dental.
         (qq)   Laundry or dry-cleaning.
         (rr)   Leather goods store - retail only.
         (ss)   Libraries, auditoriums, museums, or other cultural institutions.
         (tt)   Locksmith or key stand, need not be enclosed.
         (uu)   Medical appliance sales and fittings.
         (vv)   Medical intern or resident doctor's quarters.
         (ww)   Mixed-use buildings and developments.
         (xx)   Mortuary, funeral home.
         (yy)   Office of any type.
         (zz)   Optical services and supply.
         (aaa)   Parking of vehicles, need not be enclosed.
         (bbb)   Pet store, including animal clinic.
         (ccc)   Private recreation facilities; tennis court, golf club, swimming pool.
         (ddd)   Rehabilitation center for handicapped persons.
         (eee)   Restaurants or other eating places including drive-ins.
         (fff)   School, public or private.
         (ggg)   Shoe repair shops.
         (hhh)   Sporting goods store.
         (iii)   Stationery store.
         (jjj)   Tailor shops.
         (kkk)   Theater.
         (lll)   Toy store.
      (mmm)   Travel bureau or ticket agency.
         (nnn)   Variety stores.
      (2)   Every permitted use allowed shall be constructed on a permanent foundation and be connected to municipal utilities.
   (D)   Conditional uses. The following uses may be permitted if granted a conditional use permit under the provisions of § 156.055:
      (1)   Automobile wash, service or repair.
      (2)   Cannabis cultivation.
      (3)   Cannabis delivery.
      (4)   Cannabis retail.
      (5)   Convenience store.
      (6)   Home and building supply store.
      (7)   Taxidermist.
      (8)   Structures exceeding 4 stories or 45 feet in height.
      (9)   Car sales lots, need not be enclosed.
      (10)   Motorcycle sales and service.
   (E)   Accessory uses. The following is a permitted use: Storage building not to exceed 600 square feet.
   (F)   Lot area. For each permitted or conditional non-residential use there shall be provided not less than 3,500 square feet of lot area. Required lot area for permitted residential uses are as follows:
      (1)   Lot area (detached). Every single family detached dwelling erected shall require a lot area of not less than 6,500 square feet.
      (2)   Lot area (attached). Every attached dwelling erected shall require a lot area of 3,000 square feet for each unit attached.
      (3)   Lot area (two family). Every two family dwelling erected shall require a lot area of not less than 8,800 square feet.
      (4)   Lot area (multiple). Every multiple family dwelling (non-attached) erected shall require a lot area of not less than 850 square feet for each unit.
   (G)   Lot width and depth. Minimum lot width of 25 feet and minimum depth of 140 feet.
   (H)   Yard regulations. For all permitted uses in the CBD, principal buildings must be located within 10 feet of the front lot line, unless a front yard setback is required under the provisions of this section.
      (1)   Residential uses:
         (a)   Front yard. For all single family detached, two family, and attached (townhome) dwellings there shall be a front yard of not less than 20 feet. For all apartment buildings there are no front yard requirements. Unless the apartment building is located adjacent to a single-family detached, two family, or attached (townhome) residential use, where a front yard of not less than 20 feet shall be provided.
         (b)   Side yard. When any new residential use is located adjacent to an existing residential use, there shall be a side yard, on that side of the building adjacent to the existing residential use, of not less than 5 feet in width, plus 1 additional foot of side yard required for each 1 foot or fraction thereof of building height in excess of 30 feet.
         (c)   Rear yard. When any new single-family detached, two family, or attached (townhome) residential use is located adjacent to an existing residential use, there shall be a rear yard of not less than 20 feet. For all apartment buildings there are no rear yard requirements.
      (2)   Non-residential uses:
         (a)   Front yard. For all permitted non-residential or mixed uses, there shall be a front yard of not less than 20 feet when such a structure is located across the street from an area zoned to a residential district classification. When a permitted non-residential or mixed use is located adjacent to a single-family detached, two family, or attached (townhome) residential use, a front yard of not less than 20 feet shall be provided. Off-street parking shall not be located in that front yard area. Where the lot is located at the intersection of 2 or more streets there shall be a front yard on each street side.
         (b)   Side yard. When a permitted non-residential or mixed use is located adjacent to an existing single-family detached, two family, and attached (townhome) residential use, there shall be a side yard, on that side of the lot adjacent to the residential use, of not less than 10 feet in width, plus 1 additional foot of side yard required for each 1 foot or fraction thereof of building height in excess of 30 feet.
         (c)   Rear yard. None required.
   (I)   Ground coverage. There are no maximum ground coverage requirements.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed 4 stories or 45 feet in height, except as may be permitted in division (D)(8) of this section, as regulated by this chapter.
   (K)   Off-street parking. Uses within the CBD district shall meet the off-street parking and loading requirements of § 156.053. However, commercial properties having frontage on the 200 block of Belgrade Avenue are exempt from off-street parking and loading requirements. For mixed use buildings within the 200 Block of Belgrade Avenue, 1 off-street parking space is required per residential dwelling unit provided that mixed use buildings have a minimum of 100% of the ground floor dedicated to commercial use.
(1975 Code, § 11.15) (Am. Ord. 33, passed 3-21-1983; Am. Ord. 46, passed 6-18-1984; Am. Ord. 8, 4th series, passed 1-16-2007; Am. Ord. 17, 4th series, passed 1-17-2008; Am. Ord. 53, 4th series, passed 1-21-2014; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.046 I-1, PLANNED INDUSTRIAL DISTRICT.

   (A)   Purpose. The Planned Industrial District is intended to establish a district for the purpose of industrial development which contributes beneficially to the integration of the surrounding residential business, and industrial uses.
   (B)   Special requirements.
      (1)   Residential uses conditionally permitted shall be regulated by the standards set forth in § 156.041.
      (2)   Commercial uses conditionally permitted shall be regulated by the standards set forth in § 156.044.
      (3)   Every use, unless expressly exempted by this division, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Automobile accessories manufacturer;
      (2)   Cabinet and woodworking establishments;
      (3)   Camera and photographic manufacturing;
      (4)   Cannabis manufacturer;
      (5)   Cannabis transportation;
      (6)   Cannabis wholesale;
      (7)   Cold storage plants;
      (8)   Confectionery and related products, manufacturing and packaging;
      (69)   Electrical products and appliances, manufacture and assembly;
      (10)   Footwear manufacture;
      (11)   Hemp manufacture;
      (12)   Jewelry manufacture;
      (13)   Luggage, handbags, and similar items - manufacture and assembly;
      (14)   Medical and surgical instruments and supplies - manufacture and assembly;
      (15)   Musical instruments manufacture;
      (16)   Newspaper plants and offices;
      (17)   Office furniture and suppliers - manufacturing;
      (18)   Optical instruments and lenses - manufacture and assembly;
      (19)   Parking of vehicles - need not be enclosed;
      (20)   Pottery shops - manufacture;
      (21)   Printing, publishing, and allied industries - manufacturing;
      (22)   Precision instruments - manufacturing;
      (23)   Plumbing fixture and equipment - wholesale;
      (24)    Radio and television - assembly and parts fabrication;
      (25)   Sport equipment - manufacture and assembly;
      (26)   Scientific and research instruments and equipment - manufacture and assembly;
      (27)   Storage garages and driveways;
      (28)   Telephone apparatus manufacture and assembly;
      (29)   Temperature controls - fabrication and assembly;
      (30)   Tool - manufacture and assembly;
      (31)   Trade schools;
      (32)   Upholstery manufacturing;
      (33)   Warehousing and distribution operations.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Apartment buildings in excess of 12 units per building. Such residential use must be directly associated with the primary industrial use.
      (2)   Multi-family dwellings in excess of 8 units per building. Such residential use must be directly associated with the primary industrial use.
      (3)   Public buildings and uses of the following kind:
         (a)   Elementary and secondary schools;
         (b)   Parks;
         (c)   Playgrounds;
         (d)   Libraries;
         (e)   Museums;
         (f)   Community centers and recreational centers; or
         (g)   Private schools having a curriculum equivalent to a public elementary school or public high school.
      (4)   Catalog service and mail order house.
      (5)   Conventions, or meeting facility.
      (6)   Janitorial services.
      (7)   Medical appliance sales and fittings.
      (8)   Public and private utilities.
      (9)   Cellular towers.
      (10)   Public uses.
      (11)   Structures exceeding 3 stories or 45 feet in height.
      (12)   Building materials not specifically approved in § 156.054 only after it is demonstrated that the proposed material is equal to or better than approved materials.
   (E)   Lot area. For each permitted or conditional use there shall be provided not less than 20,000 square feet of zoning lot area.
   (F)   Lot width and depth.
      (1)   Lot width. Every lot on which there is a permitted or conditional use shall require a minimum width of 100 feet at the building setback line.
      (2)   Lot depth. Every lot on which there is a permitted or conditional use shall require a minimum depth of 200 feet.
   (G)   Yard regulations. The minimum yard regulations are as follows:
Front Yard
 
Main and Accessory Buildings
40 feet
Parking Areas
10 feet
Side Yards
 
Main and Accessory Buildings
10 feet plus 1 additional foot for each 1 foot or fraction thereof of building in excess of 45 feet
Parking Areas
10 feet
Rear Yard
 
Main and Accessory Buildings
25 feet
Parking Areas
10 feet
 
   (H)   Ground coverage. Not more than 70% of a lot shall be covered by all main and accessory buildings.
   (I)   Height regulations. No structure hereafter erected or altered shall exceed three stories or 45 feet in height, except as may be permitted in division (D)(11) of this section, as regulated by this chapter.
(1975 Code, § 11.16) (Am. Ord. 8, 4th series, passed 1-16-2007; Am. Ord. 171, 4th Series, passed 6-3-2024; Am. Ord. 177, 4th Series, passed 10-21-2024; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.047 M-1, LIGHT INDUSTRIAL DISTRICT.

   (A)   Purpose. The Light Industry District is intended to establish a district for the purpose of providing an area of limited industrial development in close proximity to intense residential and commercial activities.
   (B)   Special requirements.
      (1)   Commercial uses conditionally permitted shall be regulated by the minimum standards set forth in § 156.044.
      (2)   Every use, unless expressly exempted by this division, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Adult uses;
      (2)   Automobile accessories manufacturer;
      (3)   Bottling establishments;
      (4)   Building materials yards, contractors yards, lumber yards - need not be enclosed;
      (5)   Cabinet and woodworking;
      (6)   Camera and photographic manufacturing;
      (7)   Cannabis manufacturer;
      (8)   Cannabis transportation;
      (9)   Cannabis wholesale;
      (10)   Cold storage plants;
      (11)   Confectionery and related products - manufacturing and packaging;
      (12)   Electrical products and appliances - manufacture and assembly;
      (13)   Footwear manufacture;
      (14)   Hemp manufacture;
      (15)   Jewelry manufacture;
      (16)   Luggage, handbags and similar items - manufacture and assembly;
      (17)   Medical and surgical instruments and supplies - manufacture and assembly;
      (18)   Musical instruments manufacture;
      (19)   Newspaper plants and offices;
      (20)   Office furniture and suppliers - manufacturing;
      (21)   Optical instruments and lenses - manufacture and assembly;
      (22)   Parking of vehicles - need not be enclosed;
      (23)   Pottery shops - manufacture;
      (24)   Printing, publishing, and allied industries - manufacturing;
      (25)   Precision instruments - manufacturing;
      (26)   Plumbing fixture and equipment - wholesale;
      (27)   Public garage;
      (28)   Radio and television - assembly and parts fabrication;
      (29)   Sport equipment - manufacture and assembly;
      (30)   Scientific and research instruments and equipment - manufacture and assembly;
      (31)   Storage garages and driveways;
      (32)   Telephone apparatus manufacture and assembly;
      (33)   Temperature controls - fabrication and assembly;
      (34)   Tool - manufacture and assembly;
      (35)   Trade schools;
      (36)   Truck garage;
      (37)   Upholstery manufacturing;
      (38)   Warehousing and distribution operations.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Catalog service and mail order house.
      (2)   Conventions, or meeting facility.
      (3)   Janitorial services.
      (4)   Medical appliance sales and fittings.
      (5)   Public and private utilities.
      (6)   Public uses.
      (7)   Structures exceeding 3 stories or 45 feet in height.
      (8)   Cellular towers.
      (9)   Building materials not specifically approved in § 156.054 only after it is demonstrated that the proposed material is equal to or better than approved materials.
   (E)   Lot area. For each permitted or conditional use there shall be provided not less than 22,500 square feet of lot area.
   (F)   Lot width and depth.
      (1)   Lot width. Every lot or plot upon which there is a permitted or conditional use shall require a minimum width of 125 feet at the building setback line.
      (2)   Lot depth. Every lot or plot upon which there is a permitted or conditional use shall require a minimum depth of 180 feet.
   (G)   Yard regulations. The minimum yard regulations are as follows:
Front Yard
 
Main and Accessory Buildings
40 feet
Parking Areas
10 feet
Side Yards
 
Main and Accessory Buildings
10 feet plus 1 additional foot for each 1 foot or fraction thereof of building in excess of 45 feet
Parking Areas
10 feet
Rear Yard
 
Main and Accessory Buildings
25 feet
Parking Areas
10 feet
 
   (H)   Ground coverage. There are no requirements.
   (I)   Height regulations. No structure hereafter erected or altered shall exceed three stories or 45 feet in height, except as may be permitted in division (D)(7) and (8) of this section.
(1975 Code, § 11.17) (Am. Ord. 8, 4th series, passed 1-16-2007; Am. Ord. 171, 4th Series, passed 6-3-2024; Am. Ord. 177, 4th Series, passed 10-21-2024; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.048 M-2, HEAVY INDUSTRY DISTRICT.

   (A)   Purpose. The Heavy Industry District is intended to establish a district for the purpose of providing an area for industries where operations will not conflict with adjacent land uses.
   (B)   Special requirements.
      (1)   Residential dwellings of any kind are prohibited.
      (2)   Where any lot line coincides with any residential, business or commercial lot line, or where the extension of a front, side or rear lot line coincides with a lot line of any residential, business, or commercial lot line, a yard of at least 30 feet shall be provided along such lot line.
   (C)   Permitted uses. The following are permitted uses:
      (1)   Automobile accessories manufacturer;
      (2)   Bottling establishments;
      (3)   Building materials yards, contractors yards, lumber yards - need not be enclosed;
      (4)   Cabinet and woodworking;
      (5)   Camera and photographic manufacturing;
      (6)   Cannabis manufacturer;
      (7)   Cannabis transportation;
      (8)   Cold storage plants;
      (9)   Confectionery and related products - manufacturing and packaging;
      (10)   Electrical products and appliances - manufacture and assembly;
      (11)   Footwear manufacture;
      (12)   Hemp manufacturer;
      (13)   Jewelry manufacture;
      (14)   Luggage, handbags and similar items - manufacture and assembly;
      (15)   Medical and surgical instruments and supplies - manufacture and assembly;
      (16)   Musical instruments manufacture;
      (17)   Newspaper plants and offices;
      (18)   Office furniture and suppliers - manufacturing;
      (19)   Optical instruments and lenses - manufacture and assembly;
      (20)   Parking of vehicles - need not be enclosed;
      (21)   Pottery shops - manufacture;
      (22)   Printing, publishing, and allied industries - manufacturing;
      (23)   Precision instruments - manufacturing;
      (24)   Plumbing fixture and equipment - wholesale;
      (25)   Public garage;
      (26)    Radio and television - assembly and parts fabrication;
      (27)   Sport equipment - manufacture and assembly;
      (28)   Scientific and research instruments and equipment - manufacture and assembly;
      (29)   Storage garages and driveways;
      (30)   Telephone apparatus manufacture and assembly;
      (31)   Temperature controls - fabrication and assembly;
      (32)   Tool - manufacture and assembly;
      (33)   Trade schools;
      (34)   Truck garage;
      (35)   Upholstery manufacturing;
      (36)   Warehousing and distribution operations;
      (37)   Airports, including hangars;
      (38)   Automobiles, airplane, manufacturing or assembling;
      (39)   Freight terminal;
      (40)   Highway maintenance shops and yards;
      (41)   Manufacturing of food stuffs;
      (42)   Monument works;
      (43)   Plastic extrusion, moulding, and fixture.
   (D)   Conditional uses. The following uses may be permitted:
      (1)   Catalog service and mail order house;
      (2)   Conventions, or meeting facility;
      (3)   Janitorial services;
      (4)   Medical appliance sales and fittings;
      (5)   Public and private utilities;
      (6)   Public uses;
      (7)    Cellular towers;
      (8)   Building materials not specifically approved in § 156.054 only after it is demonstrated that the proposed material is equal to or better than approved materials.
   (E)   Accessory uses. Accessory uses customarily incidental to and on the same lot as the principal use as regulated by this section are permitted.
   (F)   Lot area. There are no minimum requirements.
   (G)   Lot width and depth. There are no minimum requirements.
   (H)   Yard regulations.
Front Yard
 
Main and Accessory Buildings
40 feet plus 2 feet setback for every 1 foot of building height exceeding 45 feet (40 foot minimum)
Parking Areas
10 feet
Side Yards
 
Main and Accessory Buildings
10 feet plus 2 feet setback for every 1 foot of building height exceeding 45 feet (10 foot minimum)
Parking Areas
10 feet
Rear Yard
 
Main and Accessory Buildings
25 feet plus 2 feet setback for every 1 foot of building height exceeding 45 feet (25 foot minimum)
Parking Areas
10 feet
 
   (I)   Ground coverage. There are no maximum limitations.
   (J)   Height regulations. No structure hereafter erected or altered shall exceed 10 stories or 100 feet.
(1975 Code, § 11.18) (Am. Ord. 8, 4th series, passed 1-16-2007; Am. Ord. 171, 4th Series, passed 6-3-2024; Am. Ord. 180, 4th Series, passed 11-4-2024)

§ 156.049 TUD, TRANSITIONAL UNZONED DISTRICT.

   (A)   Purpose. The Transitional Unzoned District is intended to establish a district for the purpose of determining the appropriate future zoning classifications of the parcel in light of the comprehensive development plan of the city.
   (B)   Applications. The placement of land in a Transitional Unzoned District may be made by the Council upon recommendation of the Planning Commission. A property owner may petition for the placement of such land he owns or controls in a TUD.
   (C)   Removal. The removal of land from a Transitional Unzoned District may be made by the Council upon recommendation of the Planning Commission. A property owner may petition the Planning Commission for the removal of his land from a Transitional Unzoned District.
   (D)   Procedure. Lands placed in a Transitional Unzoned District shall remain in said district for a minimum of 60 days. Upon expiration of the 60 days the Council upon recommendation of the Planning Commission shall zone such lands if petitioned by the property owner to do so. The Council may hold land in a Transitional Unzoned District indefinitely if the property owner does not petition for its removal. The Planning Commission and Council may hold whatever public hearings they may deem advisable in the determination of the zoning.
   (E)   Restricted development. At such time that parcels of land are in a Transitional Unzoned District, development shall be restricted. Said land shall not be subdivided or improved with respect to utilities. No building permits shall be issued for improvements upon said parcels during such time as it remains in the Transitional Unzoned District. The continuation of existing uses or normal maintenance of structures, then in use, shall be permitted.
(1975 Code, § 11.19)

§ 156.050 OR-1, OFFICE-RESIDENTIAL DISTRICT.

   (A)   Purpose. The OR-1, Office-Residential District, is designed and intended to provide for medium-high density development at strategic locations and encourage an optimum mix of office, institutional, and residential uses.
   (B)   Permitted uses. Except as specifically limited herein, the following uses are permitted in the OR-1, Office-Residential District. Every use, unless expressly exempted below, shall be operated in its entirety, within a completely enclosed structure, including the storage of materials, products, and equipment:
      (1)   Child daycare facilities. Playgrounds may be unenclosed.
      (2)   Churches or places of religious worship, parish houses, rectories, and convents.
      (3)   Clubs and lodges, not including the accessory sale of food or alcoholic beverages unless permitted by a conditional use permit.
      (4)   Community centers.
      (5)   Dental and medical clinics and laboratories.
      (6)   Dwellings, one-, two-, and multiple-family.
      (7)   Libraries, museums, auditoriums, art galleries, or other cultural institutions.
      (8)   Music studios.
      (9)   Nursing homes and assisted living facilities.
      (10)   Office condominiums.
      (11)   Parking lots (need not be enclosed).
      (12)   Professional service offices.
      (13)   Rehabilitation centers for handicapped persons.
      (14)   Schools, public and private elementary, middle, and secondary.
      (15)   Public utilities and essential service utility facilities and structures.
   (C)   Conditional uses. Except as specifically limited herein, the following uses may be allowed in the OR-1, Office-Residential District. In addition, every use, unless expressly exempted below, shall be operated in its entirety, within a completely enclosed structure, including the storage of all materials, products, and equipment:
      (1)   Bed and breakfast establishments;
      (2)   Emergency shelter;
      (3)   Government institutions;
      (4)   Mixed use development.
   (D)   Minimum lot size. The minimum lot area in the OR-1, Office-Residential District, is 10,000 square feet.
   (E)   Minimum lot frontage. The minimum lot frontage in the OR-1, Office-Residential District, shall be not less than 100 feet.
   (F)   Yards and setbacks. The minimum yard and setback requirements for the OR-1, Office-Residential District, are as follows.
      (1)   Front yard setback. All buildings and parking: A minimum of 30 feet.
      (2)   Side yard setback. All buildings and parking: A minimum of 10 feet.
      (3)   Rear yard setback. All buildings and parking: A minimum of 25 feet.
      (4)   Transitional yard. A transitional yard shall be provided anywhere a lot line in the OR-1, Office-Residential District, abuts a Residential District. The depth or width of the required transitional yard shall be equal to the depth or width of the required yard on the property located in the abutting Residential District. A transitional yard shall not be required to be more than 20 feet in depth or width.
      (5)   Utility sheds. Utility sheds shall not be allowed in the required front or side yards. Utility sheds may be located in the rear yard, provided the building is located at least 5 feet from any rear or side property line. Utility sheds shall not exceed 120 square feet of floor space and shall be located a minimum distance of 10 feet from any existing structure.
      (6)   Garages. The total amount of garage floor square footage for single- family dwellings shall not exceed 1,200 square feet.
      (7)   Curb openings. The maximum allowable curb opening measured at the property line shall not exceed 24 feet for all residential uses and 32 feet for all other permitted uses.
      (8)   Screening/berming. All parking areas shall be either screened by use of trees or shrubs or by the use of berms.
   (G)   Maximum ground coverage. The sum total of ground area that may be covered by all structures located on a zoning lot in the OR-1, Office-Residential District, shall not exceed 60% of the lot area.
   (H)   Maximum building height. The maximum building height in the OR-1, Office-Residential District, is 45 feet. Accessory structures shall not exceed 1-1/2 stories in height or 22 feet.
   (I)   Minimum structural requirements. The following shall be minimum requirements in the OR-1, Office-Residential District:
      (1)   All structures used for residential occupancy shall have a minimum width of 20 feet at the structure’s narrowest dimension and the structure shall be affixed to a continuous permanent perimeter foundation constructed of concrete block, poured concrete, or wood. All structures, either principal or accessory, shall be constructed in conformance with the Uniform Building Code;
      (2)   A private garage, attached or unattached, with a minimum floor area of 440 square feet shall be required to be built concurrent with each single- or two-family dwelling constructed after the effective date of the ordinance set forth in this chapter.
   (J)   Signs. The following shall be minimum requirements for signage in the OR-1, Office-Residential District.
      (1)   The use of signs to identify non-residential buildings shall be limited to either ground signs or signs attached to buildings. Pylon signs are not permitted. The placement of any ground sign is permitted only at the entrance side of the building.
      (2)   The total amount of signage allowed for any single occupant building is 80 square feet. For each additional use within a multi-occupant building, an additional 20 square feet of signage is allowed. The maximum size of any ground sign is limited to 50 square feet.
      (3)   The minimum front yard setback for a ground sign shall be 5 feet from any front property line or 16.5 feet from the curb line, whichever is greater. The minimum side yard setback for any ground sign shall be 10 feet measured from the property line.
      (4)   The maximum height of any ground sign measured from the nearest top back of curb shall be 8 feet.
      (5)   In addition to this division, all signage shall conform to the North Mankato Sign Ordinance.
(Ord. 213, passed 3-18-2002; Am. Ord. 248, passed 12-20-2004)

§ 156.051 P-1, PUBLIC USE DISTRICT.

   (A)   Purpose. The Public Use District is intended to establish a district designed to serve public uses.
   (B)   Permitted uses. The following are permitted uses.
      (1)   Municipal government administrative buildings, utility stations, fire stations and police stations;
      (2)   Parks and playgrounds;
      (3)   Public libraries and community centers;
      (4)   Other public uses determined by the Council to be of the same general character and consistent with the intent of division (A) of this section.
   (C)   Conditional uses.
      (1)   Indoor sport and recreational facilities.
   (D)   Lot area. For each permitted use there shall be provided not less than 6,000 square feet of lot area.
   (E)   Lot width and depth.
      (1)   Every lot upon which there is a permitted use shall require a minimum width of 55 feet at the building setback lines.
      (2)   Every lot upon which there is a permitted use shall require a minimum depth of 100 feet.
   (F)   Yard regulations.
      (1)   Front yard setback.
         (a)   Platted lots recorded prior to 1958 - 20 feet.
         (b)   Platted lots recorded 1958 and after - 30 feet.
         (c)   Corner lots have 2 front yard setbacks.
      (2)   Side yard setbacks.
         (a)   Platted lots recorded prior to 1958 - 5 feet.
         (b)   Platted lots recorded 1958 and after - 10 feet.
         (c)   Rear yard setback - 25 feet.
   (G)   Maximum ground coverage. 50%.
   (H)   Maximum building height.
      (1)   Main buildings - 3 stories or 45 feet, whichever is less.
      (2)   Accessory buildings - 1-1/2 stories or 22 feet, whichever is less.
      (3)   Conditional uses - maximum of 100 feet.
(Am. Ord. 112, 4th Series, passed 1-22-2019)

§ 156.052 NONCONFORMING USES.

   (A)   Nonconforming land. A lawful use of land existing on the date of enactment of this chapter may be continued, but if discontinued for a period of 12 consecutive calendar months, it shall not hereafter be resumed and any future use of such land shall be in conformity with the provisions of this chapter. The use of land if changed from a nonconforming use, shall be in conformity with the provisions of the specific district in which it is located.
   (B)   Nonconforming structure uses. A lawful use of a structure existing on the date of enactment of this chapter may be continued, and such use may be extended throughout the building or changed to another nonconforming use permitted in the same district provided no structural alterations except those required by law, and no additions or enlargements, are made to such building. If a non-conforming structure is discontinued for a period of 12 consecutive calendar months, it shall not hereafter be resumed and any future use of the structure shall be in conformity with the provisions of the specific district in which it is located.
   (C)   Restoration of structures. When a structure being used for a non-conforming use is destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by a public enemy to an extent exceeding 50% of its original value or, where a structure is destroyed or damaged to such an extent that its total demolition is required by existing or hereinafter adopted law or ordinance, or demolition is required to protect the public health or safety, any future structure or use shall conform to the provision of the specific district in which it is located.
   (D)   Residential alteration. Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of such units; provided, however, that they do not increase the number of dwelling units in the structure.
   (E)   District changes. The provisions of this section shall apply to any use that may become nonconforming due to a change in the classification of the district in which it is located.
   (F)   Conditional uses. Any use which is permitted in a district as a conditional use shall, upon its establishment, be considered a conforming use in that district, but subject to any requirements of a conditional use permit.
   (G)   Nuisance - general. No structure or use constituting a public nuisance pursuant to any section of the City Code or state law shall be allowed to continue as a nonconforming use under this section.
   (H)   Obstructions. Any structure, any portion of which is on the effective date of this chapter situated unlawfully within a public street or alley or other public way or thoroughfare, is declared to be a nonconforming use, whether or not its use is otherwise in conformity with the regulations of the district in which said structure is located. Such portions of structures may be removed by the city through appropriate legal action.
   (I)   Normal maintenance. Maintenance of a building or other structure containing or used for a nonconforming use will be permitted when it includes necessary nonstructural repairs and incidental alterations which do not extend or intensify the non-conforming building or use. Nothing in this section shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the city or other governmental authority.
(1975 Code, § 11.20) (Am. Ord. 70, passed 1-21-1986; Am. Ord. 102, 4th series, passed 4-2-2018)

§ 156.053 OFF-STREET PARKING AND LOADING.

   (A)   Scope. All off-street parking and loading shall conform with the provisions of this section and any other provisions of the City Code and regulations of the city and shall apply to all buildings and uses of land established after the effective date of this chapter.
   (B)   Computation. In determining the number of off-street parking and loading spaces a fraction of a space shall be deemed a requirement for an additional whole space. Multiple use facilities shall be required to provide off-street parking for each of its separate and distinct uses. In such cases the number of spaces required shall be the sum total of the individual requirements pursuant to division (G) of this section. The parking requirements for a use not specifically mentioned herein shall be the same as a use of similar nature as determined by the Zoning Administrator.
   (C)   Site plan. All plans submitted for a building permit which require parking spaces or loading facilities shall include a site plan approved by the Zoning Administrator. Such site plan shall be a part of the building permit and no certificate of occupancy shall be issued until all items shown on the site plan for parking and loading facilities have been completed. The site plan should include at least the following:
      (1)   Zoning, setbacks, and statement of use;
      (2)   North point and scale;
      (3)   All adjacent streets and alleys;
      (4)   Sidewalks, curbs, gutters, and street trees;
      (5)   Entire ownership of lot or parcel being developed;
      (6)   Completely dimensioned parking layouts;
      (7)   All parking spaces clearly marked;
      (8)   Owner’s name and current address;
      (9)   The type and thickness of the paving;
      (10)   Screening and landscaping;
      (11)   Stormwater drainage plan.
   (D)   Parking and storage of certain vehicles. Inoperable or unlicensed automotive vehicles or trailers of any kind or type shall not be parked or stored on any residentially zoned property except in completely enclosed buildings.
   (E)   Reduction and use of parking and loading areas. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to less than the requirements of this chapter. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter. Required parking or loading spaces shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent. In such case where reconstruction enlarges bulk or floor area or other such measurable unit prescribed in this chapter, parking and loading facilities shall be provided by this chapter, for that measurable unit beyond the original use of structure.
   (F)   Design standards. The following design standards shall apply to all off-street parking and loading required by this chapter.
      (1)   Lighting. Commercial, industrial and multiple family dwelling off-street parking and loading areas shall be sufficiently illuminated during hours of operation so as to protect the safety of properties, vehicle operators, and pedestrian passersby. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance.
      (2)   Screening and landscaping. All open automobile parking areas containing more than 4 parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district. However, the Council upon recommendation of the Planning Commission may waive this requirement if the closest point of such parking area is at least 75 feet from the nearest residential property line. The screening and landscaping plan shall show plant materials, bed location, and other necessary information. Plans of such screen or fence shall be submitted for approval as a part of the required site or plot plan and such fence or landscaping shall be installed as a part of the initial construction.
      (3)   Construction and maintenance.
          (a)   All residential, commercial and industrial parking areas, driveways and access drives shall be surfaced with either a concrete or a bituminous surface. All parking lots in any zoning district designed to accommodate more than 6 vehicles, shall include B style curb and gutter. The city may approve an alternate curb and gutter style based on project-specific conditions. A drainage plan may be required for review by the Building Official. The owner of the property shall maintain all parking areas, driveways and access drives in a well-kept condition.
         (b)   After the date of adoption of this revised City Code, property owners who have existing unpaved parking areas or do not meet the minimum parking requirements shall have 3 years to comply with this section. Should a residential, commercial or industrial property not have sufficient size to accommodate additional parking, the property will be exempt from this section.
      (4)   Minimum size. Each off-street parking space shall contain a minimum area of not less than 250 square feet, including access drive, a width of not less-than 9 feet, and a depth of not less than 20 feet. Each space shall be adequately served by access drives. Each off-street loading space shall contain a minimum area of not less than 500 square feet.
      (5)   Yard and setback regulations. Off-street parking and loading facilities shall be subject to the front, side, rear, and transitional yard requirements for the district in which said uses are located. Access to said uses may be located in required yard areas except the same shall in no event be used as a parking or loading area.
      (6)   Access. Parking and loading space shall have proper access from a public right-of-way. The number and width of access drives shall be located to minimize traffic congestion and abnormal traffic hazard. In business districts, direct access shall be provided to a city street or to a related service road. Vehicular access to business or industrial uses across property in residential districts shall be prohibited. No dwelling shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space at least 20 feet wide. No building shall hereafter be erected or altered so as to close the present means of access or to diminish this means of access to a width less than 20 feet.
      (7)   Location. Required off-street parking and loading space shall be provided on the same zoning lot as the principal building or use generating said required space, except that the Council may upon recommendation of the Planning Commission, allow said space to be provided within 500 feet thereof.
   (G)   Table of off-street parking requirements.
Use
Spaces Required
Use
Spaces Required
Single family
2 per dwelling unit
Two family
2 per dwelling unit
Elderly housing
0.5 per dwelling unit
Multiple family
2 per dwelling unit
Mobile homes
2 per dwelling unit
Motel, hotel
1.25 per dwelling unit
Nursing home
1 for each 4 beds plus 1 for each 3 employees on major shift
Hospital
1 for each 2 beds plus 1 for each employee on major shift
Lodging house
2 per each 3 occupants
 
Use
Spaces Required
Use
Spaces Required
Churches
1 for each 4 seats in the largest place of assembly
Post secondary schools
1 for each 4 seats in the largest place of assembly plus 1 for each
250 square feet of gross office area
Other schools
1 for each classroom plus 1 for each 250 square feet of gross
office area
Theater, hall
1 for each 6 seats of the design capacity
Public service buildings
1 for each 200 square feet of service area (minimum 10)
Professional offices
1 for each 300 square feet of gross floor area (minimum 6)
Private recreation
1 for each 500 square feet of gross floor area (minimum 20)
Bowling alley
5 for each bowling lane
Skating rink, dance hall
1 for each 200 square feet of floor area
Golf driving range
1 for each 200 square feet of floor area
Restaurant, tavern
1 for each 75 square feet of floor area
Drive-in restaurant
1 for each 20 square feet of floor area (minimum 20)
Convenience store
1 for each 200 square feet (minimum 15)
Automobile service station
4 plus 2 for each service stall (minimum 8)
Shopping center
1 for each 200 square feet of floor area
Automobile car wash
5 for each wash lane (minimum 10)
Auto, marine, furniture sales
1 for each 500 square feet of floor area (minimum 6)
Retail, service stores
1 for each 200 square feet of floor area plus 1 for each employee
on the major shift
Research, testing station
1 for each employee on the major shift
Wholesale, manufacturing
1 for each employee on the major shift plus 1 for each vehicle
stored on the premises
Storage, warehouse
1 for each 2,000 square feet of floor area plus 1 for each vehicle
stored on premises
 
   (H)   Required loading areas. Loading and unloading areas for goods, supplies, and services shall be sufficient to meet the requirements of each use. All commercial and industrial uses proposed shall submit the necessary information with respect to the loading and unloading needs generated by the use.
   (I)   Joint parking. Provision of joint parking areas for several uses in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be the sum total of the individual requirements, provided that where it is found by the Planning Commission and Council, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times. The Council upon recommendation of the Planning Commission may reduce the total number of parking stalls to be jointly provided.
(1975 Code, § 11.21) (Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 86, 4th Series, passed 4-3-2017; Am. Ord. 160, 4th Series, passed 9-5-2023)

§ 156.054 PERFORMANCE STANDARDS.

   (A)   Intent. The performance standards established by this section are intended to promote and preserve the health, safety, comfort, convenience, prosperity, and general welfare of the inhabitants of the city. These standards are designed to encourage a high standard of development by assuring the compatible integration of surrounding land uses.
   (B)   Scope. From and after the effective date of this chapter the use of all land, and structures upon such land shall be in conformance with the provisions of this section. The administration and enforcement of this section shall apply uniformly to all zoning districts. Uses of structures that become nonconforming upon the effective date of this section shall be allowed as long as they remain in compliance with § 156.052.
   (C)   Standards. The minimum performance standards are as follows.
      (1)   Aesthetics. It is hereby affirmed as essential public policy that the appearance of this community is a proper matter for public concern and that all open spaces, buildings, plantings, surfaces, and structures are subject to the provisions of this chapter. On any building, materials shall be attractive in appearance, have a durable finish, and be of an architectural character and quality that is compatible and harmonious with adjacent structures. All buildings shall be of high architectural quality so as to maintain and enhance the property values of neighboring properties, and not adversely impact the community’s public health, safety, and general welfare.
         (a)   Special minimum requirements and performance standards for all industrial use buildings in I-1, M-1, and M-2 zoning districts.
 
Design features
Guideline
Permitted major exterior building materials
Brick, manufactured and natural stone, precast concrete panels, decorative concrete block, glass, reflective glass, fiber cement wall panels, and other materials if it is demonstrated that the proposed material is equal to or better than approved materials.
Permitted accent materials (all accent materials combined must total less than 25% of facade)
Decorative architectural metal (copper, cast iron, bronze, or similar materials), exterior finished wood, glass block, insulated metal panel systems (if cohesive with building design), fiber cement siding, and other materials if it is demonstrated that the proposed material is equal to or better than approved materials.
Prohibited materials
Stucco (Dryvit/EIFS), vinyl, or any type of clapboard, or lap siding.
Specific minimum requirements
At least 4% of a building's facade seen from any public way shall be windows. Mechanical equipment or portions of a building facade for bulk storage of raw materials (such as grain, asphalt, liquids, or gases, etc.) may be excluded from the window area requirement.
 
            (b)   Special minimum requirements and performance standards for all buildings in B-1, B-2, and B-3 zoning districts.
 
Design features
Guideline
Permitted major exterior building materials
Brick, manufactured and natural stone, precast concrete panels (provided the material surfaces have a texture or pattern that gives the panel the appearance of natural stone or brick), glass, reflective glass, fiber cement wall panels, and other materials if it is demonstrated that the proposed material is equal to or better than approved materials.
Permitted accent materials (all accent materials combined must total less than 25% of facade)
Concrete block provided the surfaces have a texture or pattern discernibly different from flat smooth concrete. Decorative architectural metal (copper, cast iron, bronze, or similar materials), exterior finished wood, glass block, insulated metal panel systems (if cohesive with building design), fiber cement siding, and other materials if it is demonstrated that the proposed material is equal to or better than approved materials.
Specific minimum requirements
Walls facing the street or walkway should be punctuated with display windows, doors, indentations, or other design features to add visual interest on the street. All sides of a building visible to the public should be treated consistently with quality materials and finishes.
 
            (c)   All materials used to construct buildings shall meet current accepted industry standards, and tolerances, and shall be subject to review and approval by the Building Official. For all new buildings and building exterior renovations, the property owner shall submit to the city product samples, color building elevations, and associated renderings/drawings which illustrate the type and extent of materials and the construction techniques to be used in their installation.
            (d)   Building materials not specifically approved in this subchapter may be allowed by a conditional use permit only after it is demonstrated that the proposed material is equal to or better than approved materials. The long-term maintenance of the proposed material shall be incorporated as a condition of the approval and recorded on the property.
      (2)   Building Code. The Minnesota State Building Code as amended has been adopted by the city. The Building Code shall be complied with in all respects for the construction, maintenance or alteration of any structure or variance.
      (3)   Bulk materials. All bulk materials shall be contained in such a fashion that they are not allowed to become airborne. Solid or liquid particles shall not be emitted at any point in concentrations exceeding .03 grains per cubic foot of the conveying gas or air.
      (4)   Density. Development density is a legitimate public concern. The density of development permitted shall in all instances be consistent with the terms and intents of this chapter. To the extent reasonable, development shall be integrated with surrounding land uses.
      (5)   Dwelling units (prohibited). No basement, garage, tent, trailer, recreational vehicle or detached accessory building shall at any time be used as a dwelling unit. The basement portion of a finished home or apartment may be used for a dwelling unit provided it is located in a zone permitting such use and otherwise conforms with the Minnesota State Building Code, as amended.
      (6)   Employee dwelling units. Except as otherwise provided, living quarters within a residence of persons employed on the premises are permitted. Except as otherwise provided, living quarters on business or industrial premises of persons employed on the same premises may be permitted. Said living quarters on business or industrial premises shall require a conditional use permit and may be attached or detached. In any event, adequate off-street parking shall be provided in addition to that amount that would be required if said use were not present.
      (7)   Exterior lighting. Any lights used for exterior illumination shall be directed away from adjacent properties.
      (8)   Exterior storage. Exterior storage shall be permitted when such storage is not contrary to the terms of this chapter, or in violation of other applicable provisions of the City Code. Exterior storage shall be required to be fully screened or fully enclosed by a structure.
      (9)   Fences. Fences are a permitted use in any zoning district, subject to the following.
         (a)   Fences shall not be located on any property line.
         (b)   In all residential zones, fences located in front yard setbacks may not exceed 3 feet in height, except as regulated in division (c) of this section. In all other yards, fences shall not exceed 6 feet in height and shall follow the unaltered natural terrain of the land.
         (c)   Where a lot is located at the intersection of 2 streets, fences shall be no higher than 3 feet for a distance equal to or greater than the front yard setback measured both directions from the corner property pin.
         (d)   Fences in commercial zoning districts shall not exceed 6 feet in height and shall follow the unaltered terrain of the land.
         (e)   Fences in industrial zoning districts shall not exceed 8 feet in height. No barbed wire shall be located less than 6 feet from the ground.
         (f)   All fences shall be constructed and maintained so as not to endanger life or property.
         (g)   Fences shall not interfere with traffic or pedestrian visibility.
         (h)   Except as permitted in § 91.20, above ground electrical fences shall only be permitted in industrial zoning districts and shall be installed to all applicable safety standards which apply.
      (10)   Fire hazards. No use of land or use of structure upon the land shall be allowed to constitute a fire hazard.
      (11)   Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amount that are noxious, toxic, or corrosive.
      (12)   Health. All land uses and uses of structures upon the land shall be constructed and maintained in such a fashion as to not endanger the public health. Sufficient ingress, egress, rodent control, and similar health safety measures shall be required.
      (13)   Hours of operation.
         (a)   In no event shall the hours of operation of any business or industrial establishment constitute a nuisance to abutting residential properties.
         (b)   Permitted outdoor construction working hours. Any residential or commercial outdoor construction, alteration, repair, enlargement or demolition project or construction activities involving the use of any kind of electric, diesel or gas-powered machine or other power equipment shall not be permitted except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
      (14)   Landscaping.
         (a)   All required yards shall be landscaped attractively with lawn, trees, shrubs, or similar uses.
         (b)   Non-residential yards adjoining any of the classes of residence districts shall be effectively screened. Plans of such screens shall be submitted for approval as a part of the site plan and installed prior to issuance of the certificate of occupancy for any tract in the district.
         (c)   With the exception of boulevard trees as approved by the city, no other type of landscaping, retaining wall, flower garden, berm or other similar uses shall be permitted within a public right-of-way.
         (d)   With the exception of grass, trees and flowers, any landscaping project valued greater than $300 consisting of the alteration of land, including but not limited to: landscaping rock, boulders, berms, retaining walls, walkways, fountains, ponds, fences, patios and paver bricks requiring a building permit. As part of the building permit process for landscaping projects, a detailed site plan shall be submitted showing the locations of proposed landscaping materials for review.
         (e)   With the exception of driveway approaches, at a minimum, the first 5 feet of any residential boulevard or a street right-of-way located closest to the street shall be planted and maintained using traditional turf grass. Thereafter, mulch or landscaping rock may be used for landscaping purposes. Flowering plants not to exceed 36 inches in height are permitted in the boulevard or street right-of-way when used for screening or aesthetics.
      (15)   Materials, construction.
         (a)   Construction materials are permitted in any district. The materials may be located in any required yard area for only such time as may be required to expeditiously complete the project. The materials during the respective time limitations are permitted as exterior storage.
         (b)   All building materials for any residential or commercial construction, alteration, repair or enlargement project shall not have been previously used.
      (16)   National Electric Code. The National Electric Code, 1968, a U.S.A. Standard as amended has been adopted by the city. National Electric Code shall be conformed with in all respects.
      (17)   Noise.
         (a)   Noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or intensity as discerned at the property line of the tract on which the operation is located.
         (b)   No person shall use or operate or permit the use or operation of a radio or similar device in a manner where it can be heard from a distance of 75 feet from the source between the hours of 7:00 a.m. and 7:00 p.m.
      (18)   Odor. Strong, unpleasant or objectionable odors from any use shall not be discernible at the property line.
      (19)   Plumbing Code. The Minnesota Plumbing Code as amended has been adopted by the city. The use of land and the use of structures upon the land shall conform to said Code in all respects.
      (20)   Preparation of plans and specifications. All applicable city rules, regulations and ordinances and all state laws, rules and regulations as amended shall apply.
      (21)   Screening. Screening required shall consist of a fence, wall, or closely grown hedge not less than 5 feet nor more than 6 feet in height except that buffer planting screens required may consist of spaced plantings exceeding 6 feet in height. Screening required shall not extend within 15 feet of any parallel street or driveway. Except as otherwise provided screening shall be placed A fence shall block direct vision. Planting of a type approved by the Zoning Administrator may also be required in addition to or in lieu of fencing.
      (22)   Smoke. Any emission of smoke shall be limited to the level permitted by the applicable state or federal regulations.
      (23)   Snow removal. Snow removal operations shall not reduce the availability, number, or gross area of off-street parking and loading areas required by this chapter. The provision of snow storage space may be required in addition to required off-street parking and loading areas. Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.
      (24)   Solar energy systems. The use of solar energy systems for the purpose of heating and/or cooling is a permitted use within all zones. Use of solar energy systems is subject to the restraints imposed by the topography within the corporate limits of the city and the zoning regulations contained in this chapter. Reasonable care should be taken to protect the opportunity for the utilization of solar energy systems at all locations available.
      (25)   Traffic. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing into streets. On corner lots nothing shall be placed or allowed to grow in such a manner as to impede vision of the intersecting streets. The maximum height of any hedge or similar vegetation on corner lots is limited to 3 feet in height in any building setback area.
      (26)   Watersheds. No land use or use of structures upon the land shall be allowed to divert the natural drainage of the land except as may be permitted pursuant to approved site or building plans.
      (27)   Waste. All sewage and wastes shall be treated and disposed of in such manner as to comply with city and Minnesota State Department of Health standards and requirements.
      (28)   Yards. Except as otherwise provided, required yard areas shall be open and unobstructed. Measurements shall be taken from the nearest point of the structure to the lot line in question except that cornices, canopies, eaves, or fire escapes may extend into the required front, side or rear yard to a distance not exceeding 2 feet.
(1975 Code, § 11.22) (Am. Ord. 3, passed 3-2-1981; Am. Ord. 23, passed 8-16-1982; Am. Ord. 24, passed 10-18-1982; Am. Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 17, 4th Series, passed 1-17-2008; Am. Ord. 48, 4th Series, passed 1-22-2013; Am. Ord. 63, 4th Series, passed 1-5-2015; Am. Ord. 86, 4th Series, passed 4-3-2017; Am. Ord. 102, 4th Series, passed 4-2-2018; Am. Ord. 132, 4th Series, passed 8-17-2020; Am. Ord. 171, 4th Series, passed 6-3-2024; Am. Ord. 177, 4th Series, passed 10-21-2024)

§ 156.055 CONDITIONAL USES.

   (A)   Purpose. The conditional use permit is required for the purpose of determining the acceptability of uses, which by their nature, require particular consideration in light of the purpose and terms of the zoning district in which they are located. A conditional use may be approved upon a showing by the applicant that the standards and criteria stated in this chapter concerning such use will be satisfied.
   (B)   Scope. Conditional use permits may be issued for any of the following:
      (1)   Any of the uses or purposes for which such permits are required by the provisions of this chapter;
      (2)   To permit as a conditional use any nonconforming use existing in any district at the time of the establishment of such district.
   (C)   Procedure. Conditional use permits shall require application of the following procedure.
      (1)   Initiation. Initiation of an application may be made by any person having an ownership interest in the parcel described in the application.
      (2)   Application. Application shall be made upon forms approved by the Zoning Administrator together with such applicable plans and information required by this chapter and the Zoning Administrator. Applications shall be received by the Zoning Administrator and subsequently shall be submitted to the Planning Commission.
      (3)   Notice. Upon receipt of an application, the Zoning Administrator shall cause to have published once in the official newspaper a notice of the time, place and purpose of the hearing. A similar notice shall be sent by first class mail to each owner of the affected property and to the owners of property situated within 350 feet of the affected property. Publication and mailing notices shall be made not less than 10 days nor more than 30 days prior to the date of the hearing. For the purpose of giving mailed notice, the Zoning Administrator may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and shall be made a part of the records of the proceedings. For purposes of computing the 10 days of notice, the day after publication or mailing shall be counted as the first day. Saturdays, Sundays or any day made a legal holiday by the city, state or federal governments shall be included in the computation unless the tenth day of the period falls on such a day, when it shall not be so counted. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.
      (4)   Hearing. Upon evidence that adequate notice has been served the Planning Commission shall hold at least one public hearing on each application. The applicant or a duly authorized representative shall be present at said public hearings. Absence of the applicant or a duly authorized representative shall be sufficient cause to deny the application.
      (5)   Report. The Planning Commission shall report its proceedings together with its recommendations to the Council subject to limitations in § 155.25.
      (6)   Action. Upon receipt of the Planning Commission’s report the Council may hold whatever public hearings it deems advisable. The Council shall take action on the application within the limitations of § 155.25.
      (7)   Review. It shall be the duty of the Zoning Administrator to report annually on all applications granted in the last year so as to advise the Planning Commission and Council of their conformance status.
      (8)   Denial. No application denied shall be resubmitted for a period of 6 months from the date of the denial, except the Planning Commission may permit a new application, if in the opinion of the Zoning Administrator, new evidence or a change of circumstances warrant it.
   (D)   Standards. Conditional uses shall in all events be required to conform to the minimum standards of the district in which it is located. In acting upon a request it may be determined that, in order to protect the public health, safety, convenience and welfare, or to avoid traffic congestion or hazard or other dangers, or for promoting conformity of a proposed use with the character of adjoining property and uses and the district as a whole, or for protecting such character, the issuance of a permit should be subject to conditions, including, but not limited to, the following.
      (1)   Access. Provisions controlling the location, or number of vehicle access points.
      (2)   Adjacent property. Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
      (3)   Agreements. A written agreement, deposit of certified check for funds, a bond or other assurance of faithful observance of conditions the violation of which shall invalidate the permit.
      (4)   Building limitations. Limiting the height, size, or location of buildings.
      (5)   Enclosed uses. Every use requesting exemption from the requirement of being within a completely enclosed structure must comply with any or all other standards determined to affect such use.
      (6)   Maintenance. Limitation of use or specification of manner of maintaining and conducting same.
      (7)   Open space. Designating sites for open space or dedication to the public of areas required for public purposes.
      (8)   Parking. Increasing the number of required off-street parking or loading space.
      (9)   Streets. Increasing the street design, width, or right-of-way.
      (10)   Time. Limiting the time a use may exist or operate.
      (11)   Yards. Adherence to modified yard, area, open space, width or depth, requirements in lieu of the regulations herein.
   (E)   Amended application. Any change involving enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued.
   (F)   Fee. To defray administrative costs of processing requests for conditional use permits a fee, determined by the Council, shall be paid by the applicant. The fee payment shall accompany the initial application.
   (G)   Duration. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses.
   (H)   Filing a permit. A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles of Nicollet County. The conditional use permit shall include the legal description of the property included. Any cost incurred in such filing shall be charged to the applicant.
(1975 Code, § 11.23) (Am. Ord. 31, passed 2-22-1983)

§ 156.056 REZONING.

   (A)   Planning Commission. The Planning Commission shall have the power and duty of hearing and recommending to the Council all requests for the zoning or rezoning of property.
   (B)   Application procedure. Zoning or rezoning applications are subject to the following procedures:
      (1)   Initiation. Initiation of the application may be made by any person having ownership interest in the property described in the application.
      (2)   Application. Application shall be made upon forms approved by the Zoning Administrator together with such applicable plans and information required by this chapter and the Zoning Administrator. Applications shall be received by the Zoning Administrator and subsequently shall be submitted to the Planning Commission.
      (3)   Notice. Upon receipt of an application the Zoning Administrator shall cause to have published in the official newspaper a notice of hearing. Adjacent property owners within 350 feet of the affected property shall be notified by registered mail. The notices shall describe the purpose of the hearing and a brief description thereof. Publications and mailing notices shall not be less than 10 days nor more than 30 days prior to the date of the hearing. Failure of any adjacent property owner to receive notice, once reasonable attempt has been made, shall not invalidate the proceedings.
      (4)   Hearing. Upon evidence that adequate notice has been served the Planning Commission shall hold at least one public hearing on each application. The applicant or a duly authorized representative shall be present at the public hearings. Absence of the applicant or a duly authorized representative shall be sufficient cause to deny the application.
      (5)   Report. The Planning Commission shall report its proceedings together with its recommendations to the Council subject to the 60-day review process standard set in § 155.25.
      (6)   Action. Upon receipt of the Planning Commissions report the Council may hold whatever public hearings it deems advisable. The Council shall take action on the application.
      (7)   Review. It shall be the duty of the Zoning Administrator to report annually on all applications granted in the last year so as to advise the Planning Commission and Council of their conformance status.
      (8)   Denial. No application denied shall be resubmitted for a period of 6 months from the date of the denial, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(Ord. 8, 4th Series, passed 1-16-2007; Am. Ord. 63, 4th Series, passed 1-5-2015)

§ 156.057 TEMPORARY FAMILY HEALTH CARE DWELLINGS.

   Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(Ord. 78, 4th Series, passed 8-1-2016)