This article sets forth the permitted, conditional and accessory uses that are allowed in zoning districts. Uses listed as permitted uses constitute allowable principal uses of a property. Uses listed as conditional uses require a conditional use permit. Listed accessory uses are subordinate to and considered as customarily incidental to the principal permitted or conditional use on the property.

(Code 2003, § 78-201; Ord. No. 106(3rd series), § 2, 6-10-2013)

The R-1A One-Family Residential District is intended to provide a district which will allow a combination of low-density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permit. The district shall have immediate access to highways and public sanitary sewer.

(Code 1984, § 10.20(1); Code 2003, § 78-226)

Within any R-1A One-Family Residential District, no structure or land shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Municipal buildings.

(3)

One-family detached dwellings.

(4)

Publicly owned parks and playgrounds.

(Code 1984, § 10.20(2); Code 2003, § 78-227; Ord. No. 44(3rd series), § 1, 2-25-2008; Ord. No. 82(3rd series), § 2, 12-13-2010; Ord. No. 90(3rd series), § 2, 12-12-2011; Ord. No. 210(3rd series), § 4, 6-25-2018; Ord. No. 233(3rd series), § 1, 10-14-2019; Ord. No. 279(3rd series), § 2, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any R-1A One-Family Residential District, no structure or land shall be used for the following uses except by conditional use permit:

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(3)

Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(4)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(5)

Schools, day care centers, and uses accessory to a high school.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(6)

Two-family dwellings, provided that:

a.

Public sanity sewer service is available;

b.

The lot is adjacent to a commercial or industrial parcel;

c.

The dwelling is within 200 feet of the commercial or industrial parcel; and

d.

the design of the dwelling is compatible with the surrounding residences.

(7)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(Code 1984, § 10.20(3); Code 2003, § 78-228; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), § 3, 8-22-2005; Ord. No. 44(3rd series), § 1, 2-25-2008; Ord. No. 45(3rd series), § 1, 2-25-2008; Ord. No. 79(3rd series), § 2, 11-8-2010; Ord. No. 82(3rd series), § 3, 12-13-2010; Ord. No. 224(3rd series), § 1, 6-10-2019; Ord. No. 257(3rd series), § 3, 5-10-2021; Ord. No. 279(3rd series), § 3, 11-14-2022)

Within any R-1A One-Family Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III.

(5)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(6)

Signs, as regulated in this chapter.

(7)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(8)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(9)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(10)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810 and the licensing provisions of section 4.04.310, when applicable.

(11)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(12)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(13)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(14)

Laundry drying equipment.

(15)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(16)

Accessory dwelling units.

(17)

Keeping of domestic poultry in accordance with section 6.12.6850.

(Code 1984, § 10.20(4); Code 2003, § 78-229; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 4, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 3, 6-10-2013; Ord. No. 222(3rd series), § 2, 12-10-2018; Ord. No. 279(3rd series), § 4, 11-14-2022; Ord. No. 315, § 2, 7-14-2025)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 1.0 acre.

b.

Lot width (minimum): 140 feet.

(2)

Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building.

(b)

Exceptions.

(1)

Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined; however, in no case shall the side yard setback be less than 7.5 feet.

(2)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(3)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, § 10.20(5); Code 2003, § 78-230; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 2, 6-27-2016; Ord. No. 222(3rd series), § 3, 12-10-2018; Ord. No. 299(3rd series), § 2, 3-11-2024)

The R-1B One-Family Residential District is intended to provide a district which will allow denser residential development. Planned residential developments may be allowed by conditional use permits. The district shall have immediate access to highways and public sanitary sewer.

(Code 1984, § 10.21(1); Code 2003, § 78-251)

Within any R-1B One-Family Residential District, no land or structures shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Municipal buildings.

(3)

One-family detached dwellings.

(4)

Publicly owned parks and playgrounds.

(Code 1984, §§ 10.20(2), 10.21(2); Code 2003, § 78-252; Ord. No. 44(3rd series), § 2, 2-25-2008; Ord. No. 82(3rd series), § 5, 12-13-2010; Ord. No. 90(3rd series), § 3, 12-12-2011; Ord. No. 210(3rd series), § 5, 6-25-2018; Ord. No. 233(3rd series), § 2, 10-14-2019; Ord. No. 279(3rd series), § 5, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any R-1B One-Family Residential District, no structure or land shall be used for the following uses except by conditional use permit:

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(3)

Planned residential developments, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(4)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(5)

Schools, day care centers, and uses accessory to a high school.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(6)

Two-family dwellings, provided that:

a.

Public sanity sewer service is available;

b.

The lot is adjacent to a commercial or industrial parcel;

c.

The dwelling is within 200 feet of the commercial or industrial parcel; and

d.

The design of the dwelling is compatible with the surrounding residences.

(7)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height, including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(Code 1984, §§ 10.20(3), 10.21(3); Code 2003, § 78-253; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), § 4, 8-22-2005; Ord. No. 44(3rd series), § 2, 2-25-2008; Ord. No. 45(3rd series), § 2, 2-25-2008; Ord. No. 79(3rd series), § 3, 11-8-2010; Ord. No. 82(3rd series), § 6, 12-13-2010; Ord. No. 224(3rd series), § 2, 6-10-2019; Ord. No. 257(3rd series), § 4, 5-10-2021; Ord. No. 279(3rd series), § 6, 11-14-2022)

Within any R-1B One-Family Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III.

(5)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(6)

Signs, as regulated in this chapter.

(7)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(8)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(9)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(10)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(11)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(12)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(13)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(14)

Laundry drying equipment.

(15)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(16)

Accessory dwelling units.

(17)

Keeping of domestic poultry in accordance with section 6.12.6850.

(Code 1984, §§ 10.20(4), 10.21(4); Code 2003, § 78-254; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 7, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 4, 6-10-2013; Ord. No. 222(3rd series), § 4, 12-10-2018; Ord. No. 279(3rd series), § 7, 11-14-2022; Ord. No. 315, § 3, 7-14-2025)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 0.5 acre.

b.

Lot width (minimum): 100 feet.

(2)

Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building.

(b)

Exceptions.

(1)

Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet.

(2)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(3)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, § 10.21(5); Code 2003, § 78-225; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 3, 6-27-2016; Ord. No. 222(3rd series), § 5, 12-10-2018; Ord. No. 299(3rd series), § 3, 3-11-2024)

The LR-1A One-Family Lakeshore Residential District is intended to provide a district which will allow a combination of low-density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of stormwater runoff into Lake Minnetonka or Long Lake. Because of the location of the district near Lake Minnetonka or Long Lake, special regulations are necessary to protect those natural resources from the effects of dense development.

(Code 1984, § 10.23(1); Code 2003, § 78-301)

Within the LR-1A One-Family Lakeshore Residential District, no land or structures shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Municipal buildings.

(3)

One-family detached dwellings.

(4)

Publicly owned parks and playgrounds.

(5)

County dock, when:

a.

Directly connected to the county right-of-way.

b.

No overnight boat storage is permitted.

c.

No canopy is installed.

d.

Approved by Lake Minnetonka Conservation District.

e.

Secured with a fence and gate.

(Code 1984, §§ 10.20(2), 10.23(3); Code 2003, § 78-302; Ord. No. 44(3rd series), § 3, 2-25-2008; Ord. No. 82(3rd series), § 8, 12-13-2010; Ord. No. 90(3rd series), § 4, 12-12-2011; Ord. No. 167(3rd series), § 2, 4-11-2016; Ord. No. 210(3rd series), § 6, 6-25-2018; Ord. No. 233(3rd series), § 3, 10-14-2019; Ord. No. 279(3rd series), § 8, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any LR-1A One-Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit:

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Keeping of farm animals in accordance with section 6.12.6850.

(3)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(4)

Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(5)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(6)

Schools, day care centers, and uses accessory to a high school.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school, provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(7)

Two-family dwellings, provided that:

a.

Public sanity sewer service is available;

b.

The lot is adjacent to a commercial or industrial parcel;

c.

The dwelling is within 200 feet of the commercial or industrial parcel; and

d.

The design of the dwelling is compatible with the surrounding residences.

(8)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(9)

County dock, when:

a.

Directly connected to the county right-of-way.

b.

No canopy may be installed.

c.

Approved by Lake Minnetonka Conservation District.

d.

Overnight boat dockage for up to two emergency response boats.

e.

Secured with a fence and a gate.

(Code 1984, §§ 10.20(3), 10.23(4); Code 2003, § 78-303; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), § 5, 8-22-2005; Ord. No. 44(3rd series), § 3, 2-25-2008; Ord. No. 45(3rd series), § 3, 2-25-2008; Ord. No. 79(3rd series), § 4, 11-8-2010; Ord. No. 82(3rd series), § 9, 12-13-2010; Ord. No. 90(3rd series), § 4, 12-12-2011; Ord. No. 100(3rd series), § 1, 2-25-2013; Ord. No. 181(3rd series), § 1, 1-9-2017; Ord. No. 224(3rd series), § 3, 6-10-2019; Ord. No. 257(3rd series), § 5, 5-10-2021; Ord. No. 279(3rd series), § 9, 11-14-2022; Ord. No. 315, § 4, 7-14-2025)

Within any LR-1A One-Family Lakeshore Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space.

(5)

Kennel structures and dog runs, subject to the provisions of chapter 5.28.

(6)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(7)

Signs, as regulated in this chapter.

(8)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(9)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(10)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(11)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(12)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(13)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(14)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(15)

Laundry drying equipment.

(16)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(17)

Apiaries when:

a.

The property consists of a minimum of two acres in land area.

b.

Maximum of six hives are permitted per acre of land.

c.

All structures associated with honeybees must follow the accessory structure setbacks.

(18)

Accessory dwelling units.

(19)

Keeping of domestic poultry in accordance with section 6.12.6850.

(Code 1984, §§ 10.20(4), 10.23(5); Code 2003, § 78-304; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 10, 12-13-2010; Ord. No. 93(3rd series), § 1, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 5, 6-10-2013; Ord. No. 222(3rd series), § 6, 12-10-2018; Ord. No. 264(3rd series), § 2, 11-22-2021; Ord. No. 279(3rd series), § 10, 11-14-2022; Ord. No. 315, § 5, 7-14-2025)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 2.0 acres.

b.

Lot width (minimum): 200 feet.

(2)

Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building.

¹  OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240.

(b)

Exceptions.

(1)

Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet.

(2)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(3)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, § 10.23(6); Code 2003, § 78-305; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 4, 6-27-2016; Ord. No. 199(3rd series), § 2, 6-12-2017; Ord. No. 222(3rd series), § 7, 12-10-2018; Ord. No. 299(3rd series), § 4, 3-11-2024)

The LR-1B One-Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium-density residential developments and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of stormwater runoff into Lake Minnetonka or Long Lake. Because of the location of the district near Lake Minnetonka or Long Lake, special regulations are necessary to protect these natural resources from the effects of dense development. This district shall have immediate access to highways and public sanitary sewer.

(Code 1984, § 10.24(1); Code 2003, § 78-326)

Within the LR-1B One-Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Municipal buildings.

(3)

One-family detached dwellings.

(4)

Publicly owned parks and playgrounds.

(Code 1984, §§ 10.20(2), 10.24(2); Code 2003, § 78-327; Ord. No. 44(3rd series), § 4, 2-25-2008; Ord. No. 82(3rd series), § 11, 12-13-2010; Ord. No. 90(3rd series), § 5, 12-12-2011; Ord. No. 210(3rd series), § 7, 6-25-2018; Ord. No. 233(3rd series), § 4, 10-14-2019; Ord. No. 279(3rd series), § 11, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any LR-1B One-Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit:

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Keeping of farm animals in accordance with section 6.12.6850.

(3)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(4)

Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(5)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(6)

Schools, day care centers, and uses accessory to a high school.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school, provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(7)

Two-family dwellings, provided that:

a.

Public sanity sewer service is available;

b.

The lot is adjacent to a commercial or industrial parcel;

c.

The dwelling is within 200 feet of the commercial or industrial parcel; and

d.

The design of the dwelling is compatible with the surrounding residences.

(8)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(Code 1984, §§ 10.20(3), 10.24(3); Code 2003, § 78-328; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 28(3rd series), § 6, 8-22-2005; Ord. No. 44(3rd series), § 4, 2-25-2008; Ord. No. 45(3rd series), § 4, 2-25-2008; Ord. No. 79(3rd series), § 5, 11-8-2010; Ord. No. 82(3rd series), § 12, 12-13-2010; Ord. No. 90(3rd series), § 5, 12-12-2011; Ord. No. 100(3rd series), § 2, 2-25-2013; Ord. No. 224(3rd series), § 4, 6-10-2019; Ord. No. 257(3rd series), § 6, 5-10-2021; Ord. No. 279(3rd series), § 12, 11-14-2022; Ord. No. 315, § 6, 7-14-2025)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any LR-1B One-Family Lakeshore Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space.

(5)

Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III.

(6)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(7)

Signs, as regulated in this chapter.

(8)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(9)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(10)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(11)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(12)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(13)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(14)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(15)

Laundry drying equipment.

(16)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(17)

Apiaries when:

a.

The property consists of a minimum of two acres in land area.

b.

Maximum of six hives are permitted per acre of land.

c.

All structures associated with honeybees must follow the accessory structure setbacks.

(18)

Accessory dwelling units.

(19)

Keeping of domestic poultry in accordance with section 6.12.6850.

(Code 1984, §§ 10.20(4), 10.24(4); Code 2003, § 78-329; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 13, 12-13-2010; Ord. No. 93(3rd series), § 2, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 6, 6-10-2013; Ord. No. 222(3rd series), § 8, 12-10-2018; Ord. No. 264(3rd series), § 3, 11-22-2021; Ord. No. 279(3rd series), § 13, 11-14-2022; Ord. No. 315, § 7, 7-14-2025)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 1.0 acre.

b.

Lot width (minimum): 140 feet.

(2)

Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building.

¹  OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240.

(b)

Exceptions:

(1)

Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet.

(2)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(3)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, § 10.24(5); Code 2003, § 78-330; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 5, 6-27-2016; Ord. No. 199(3rd series), § 3, 6-12-2017; Ord. No. 222(3rd series), § 9, 12-10-2018; Ord. No. 299(3rd series), § 5, 3-11-2024)

The LR-1C One-Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium-density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of stormwater runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer.

(Code 1984, § 10.25(1); Code 2003, § 78-346)

Within the LR-1C One-Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Municipal buildings.

(3)

One-family detached dwellings.

(4)

Personal wireless service antennas and towers.

a.

Purpose and intent. The purpose of this subsection is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare.

b.

Personal wireless service antennas. Personal wireless service antennas erected on a municipal water tower may be allowed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions:

1.

The antenna shall be in compliance with the state building code and all other applicable federal and state regulations and permits.

2.

Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer.

3.

No advertising message shall be affixed to the antenna.

4.

Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety.

5.

When applicable, proposals to erect new antennas shall be accompanied by any required federal, state, or local agency licenses.

6.

Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping.

7.

All obsolete and unused antennas shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the city administrator or designee. The removal shall be the responsibility of the communication provider.

8.

Antennas shall utilize camouflaging techniques or shall be side-mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located.

9.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area.

(5)

Publicly owned parks and playgrounds.

(Code 1984, §§ 10.20(2), 10.25(3); Code 2003, § 78-347; Ord. No. 183(2nd series), § 4, 2-22-1999; Ord. No. 226(2nd series), § 1, 5-27-2003; Ord. No. 44(3rd series), § 5, 2-25-2008; Ord. No. 82(3rd series), § 14, 12-13-2010; Ord. No. 90(3rd series), § 6, 12-12-2011; Ord. No. 210(3rd series), § 8, 6-25-2018; Ord. No. 233(3rd series), § 5, 10-14-2019; Ord. No. 279(3rd series), § 14, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any LR-1C One-Family Lakeshore Residential District, no structure or land shall be used for the following uses without a conditional use permit:

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Keeping of farm animals in accordance with section 6.12.6850.

(3)

Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria:

a.

Such antennas must be in compliance with the city policy regarding the use of city-owned property for wireless telecommunication antennas;

b.

Such antennas must meet the conditions listed for personal wireless service antennas as a permitted use in the LR-1C zoning district.

c.

Such antennas may be located in the following locations:

1.

Co-located on an existing city emergency warning siren tower.

2.

Co-located on a replacement city emergency warning siren tower, with a height not to exceed 75 feet.

3.

Co-located on a new city emergency warning siren tower, at a location that meets the city's emergency warning needs, with a height not to exceed 75 feet.

d.

Such antennas shall meet the following performance standards:

1.

The antennas must be located on the existing emergency warning sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allowed to install a replacement tower that will accommodate both the emergency warning siren and the telecommunications antenna. The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications antenna. The city may also require the tower to have the capability of accommodating one additional carrier's antenna.

2.

A new emergency warning siren tower location, selected by the city to meet its emergency warning needs, could also be used as a telecommunications antenna site through co-location of the warning siren and antenna. The standards set out in subsection (3)d.1 of this section also apply to a siren tower in a new location.

3.

The height of a tower can be no higher than the minimum height required to address a gap in coverage.

4.

The setback of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided.

5.

A carrier must demonstrate through an engineering analysis that there is a gap in coverage.

6.

At the city's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co-location.

7.

The carrier must provide computer-generated photos showing the views (as selected by the city) with and without the tower.

8.

All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier.

9.

The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna, and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carrier's antenna needs.

10.

The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the city council. Appropriate vegetative screening of ground cabinets shall be provided by the carrier, subject to approval by the city council. The council at its discretion may allow the use of non-vegetative screening methods such as berming, fencing, etc.

11.

Stealth-type antennas (cylindrical) vs. an array of panels, is required if the technology is available.

12.

Only monopole towers are allowed.

(4)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(5)

Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(6)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(7)

Schools, day care centers, and uses accessory to a high school.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(8)

Two-family dwellings, provided that:

a.

Public sanity sewer service is available;

b.

The lot is adjacent to a commercial or industrial parcel;

c.

The dwelling is within 200 feet of the commercial or industrial parcel; and

d.

The design of the dwelling is compatible with the surrounding residences.

(9)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(Code 1984, §§ 10.20(3), 10.25(4); Code 2003, § 78-348; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 28(3rd series), § 7, 8-22-2005; Ord. No. 44(3rd series), § 5, 2-25-2008; Ord. No. 45(3rd series), § 5, 2-25-2008; Ord. No. 79(3rd series), § 6, 11-8-2010; Ord. No. 82(3rd series), § 15, 12-13-2010; Ord. No. 90(3rd series), § 6, 12-12-2011; Ord. No. 100(3rd series), § 3, 2-25-2013; Ord. No. 224(3rd series), § 5, 6-10-2019; Ord. No. 257(3rd series), § 7, 5-10-2021; Ord. No. 279(3rd series), § 15, 11-14-2022; Ord. No. 315, § 8, 7-14-2025)

Within any LR-1C One-Family Lakeshore Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space.

(5)

Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III.

(6)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(7)

Signs, as regulated in this chapter.

(8)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(9)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(10)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(11)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(12)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(13)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(14)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(15)

Laundry drying equipment.

(16)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(17)

Apiaries when:

a.

The property consists of a minimum of two acres in land area.

b.

Maximum of six hives are permitted per acre of land.

c.

All structures associated with honeybees must follow the accessory structure setbacks.

(18)

Accessory dwelling units.

(19)

Keeping of domestic poultry in accordance with section 6.12.6850.

(Code 1984, §§ 10.20(4), 10.25(5); Code 2003, § 78-349; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 16, 12-13-2010; Ord. No. 93(3rd series), § 3, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 7, 6-10-2013; Ord. No. 222(3rd series), § 10, 12-10-2018; Ord. No. 264(3rd series), § 4, 11-22-2021; Ord. No. 279(3rd series), § 16, 11-14-2022; Ord. No. 315, § 9, 7-14-2025)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 0.5 acre.

b.

Lot width (minimum): 100 feet.

(2)

Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building.

¹  OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240.

(b)

Exceptions.

(1)

Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet.

(2)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(3)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, § 10.25(6); Code 2003, § 78-350; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 6, 6-27-2016; Ord. No. 199(3rd series), § 4, 6-12-2017; Ord. No. 222(3rd series), § 11, 12-10-2018; Ord. No. 299(3rd series), § 6, 3-11-2024)

Within the LR-1C-1 One-Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Municipal buildings.

(3)

One-family detached dwellings.

(4)

Personal wireless service antennas and towers.

a.

Purpose and intent. The purpose of this subsection is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare.

b.

Personal wireless service antennas. Personal wireless service antennas erected on a municipal water tower may be allowed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions:

1.

The antenna shall be in compliance with the state building code and all other applicable federal and state regulations and permits.

2.

Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer.

3.

No advertising message shall be affixed to the antenna.

4.

Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety.

5.

When applicable, proposals to erect new antennas shall be accompanied by any required federal, state, or local agency licenses.

6.

Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping.

7.

All obsolete and unused antennas shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the city administrator or designee. The removal shall be the responsibility of the communication provider.

8.

Antennas shall utilize camouflaging techniques or shall be side-mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located.

9.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area.

(5)

Publicly owned parks and playgrounds.

(Code 1984, §§ 10.20(2), 10.25(3), 10.26(2); Code 2003, § 78-366; Ord. No. 183(2nd series), § 4, 2-22-1999; Ord. No. 226(2nd series), § 1, 5-27-2003; Ord. No. 44(3rd series), § 6, 2-25-2008; Ord. No. 82(3rd series), § 17, 12-13-2010; Ord. No. 90(3rd series), § 7, 12-12-2011; Ord. No. 210(3rd series), § 9, 6-25-2018; Ord. No. 233(3rd series), § 6, 10-14-2019; Ord. No. 279(3rd series), § 17, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within the LR-1C-1 One-Family Lakeshore Residential District, no structure or land shall be used for the following uses without a conditional use permit:

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Keeping of farm animals in accordance with section 6.12.6850.

(3)

Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria:

a.

Such antennas must be in compliance with the city policy regarding the use of city-owned property for wireless telecommunication antennas;

b.

Such antennas must meet the conditions listed for personal wireless service antennas as a permitted use in the LR-1C zoning district.

c.

Such antennas may be located in the following locations:

1.

Co-located on an existing city emergency warning siren tower.

2.

Co-located on a replacement city emergency warning siren tower, with a height not to exceed 75 feet.

3.

Co-located on a new city emergency warning siren tower, at a location that meets the city's emergency warning needs, with a height not to exceed 75 feet.

d.

Such antennas shall meet the following performance standards:

1.

The antennas must be located on the existing emergency warning sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allowed to install a replacement tower that will accommodate both the emergency warning siren and the telecommunications antenna. The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications antenna. The city may also require the tower to have the capability of accommodating one additional carrier's antenna.

2.

A new emergency warning siren tower location, selected by the city to meet its emergency warning needs, could also be used as a telecommunications antenna site through co-location of the warning siren and antenna. The standards set out in subsection (3)d.1 of this section also apply to a siren tower in a new location.

3.

The height of a tower can be no higher than the minimum height required to address a gap in coverage.

4.

The setback of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided.

5.

A carrier must demonstrate through an engineering analysis that there is a gap in coverage.

6.

At the city's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co-location.

7.

The carrier must provide computer-generated photos showing the views (as selected by the city) with and without the tower.

8.

All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier.

9.

The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna, and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carrier's antenna needs.

10.

The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the city council. Appropriate vegetative screening of ground cabinets shall be provided by the carrier, subject to approval by the city council. The council at its discretion may allow the use of non-vegetative screening methods such as berming, fencing, etc.

11.

Stealth-type antennas (cylindrical), versus an array of panels, are required if the technology is available.

12.

Only monopole towers are allowed.

(4)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(5)

Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(6)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(7)

Schools, day care centers, and uses accessory to a high school.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school, provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(8)

Two-family dwellings, provided that:

a.

Public sanity sewer service is available;

b.

The lot is adjacent to a commercial or industrial parcel;

c.

The dwelling is within 200 feet of the commercial or industrial parcel; and

d.

The design of the dwelling is compatible with the surrounding residences.

(9)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(Code 1984, §§ 10.20(3), 10.25(4), 10.26(2); Code 2003, § 78-367; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 178(2nd series), § 1, 12-8-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 28(3rd series), § 8, 8-22-2005; Ord. No. 44(3rd series), § 6, 2-25-2008; Ord. No. 45(3rd series), § 6, 2-25-2008; Ord. No. 79(3rd series), § 7, 11-8-2010; Ord. No. 82(3rd series), § 18, 12-13-2010; Ord. No. 90(3rd series), § 7, 12-12-2011; Ord. No. 100(3rd series), § 4, 2-25-2013; Ord. No. 224(3rd series), § 6, 6-10-2019; Ord. No. 257(3rd series), § 8, 5-10-2021; Ord. No. 279(3rd series), § 18, 11-14-2022; Ord. No. 315, § 10, 7-14-2025)

Within any LR-1C-1 One-Family Lakeshore Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space.

(5)

Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III.

(6)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(7)

Signs, as regulated in this chapter.

(8)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(9)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(10)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(11)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(12)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(13)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(14)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(15)

Laundry drying equipment.

(16)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(17)

Apiaries when:

a.

The property consists of a minimum of two acres in land area.

b.

Maximum of six hives are permitted per acre of land.

c.

All structures associated with honeybees must follow the accessory structure setbacks.

(18)

Accessory dwelling units.

(19)

Keeping of domestic poultry in accordance with section 6.12.6850.

(Code 1984, §§ 10.20(4), 10.25(5), 10.26(2); Code 2003, § 78-368; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 82(3rd series), § 19, 12-13-2010; Ord. No. 93(3rd series), § 4, 6-25-2012; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 106(3rd series), § 8, 6-10-2013; Ord. No. 222(3rd series), § 12, 12-10-2018; Ord. No. 264(3rd series), § 5, 11-22-2021; Ord. No. 279(3rd series), § 19, 11-14-2022; Ord. No. 315, § 11, 7-14-2025)

Within any LR-1C-1 One-Family Lakeshore Residential District, a credit allowing a 50 percent increase in dwelling unit density over the LR-1C district may be obtained providing all the following conditions are complied with:

(1)

All provisions of division 10 of this article are complied with.

(2)

Public sanitary sewer is available.

(3)

All dwelling units must be attached, but no more than four dwelling units to any one structure with a maximum height of 30 feet.

(4)

Parcels of land lying beyond 100 feet from any shoreline shall not have more than 35 percent of the land area to be developed made impervious by buildings, blacktop, or other forms of hard cover.

(5)

Building size and location meet council approval.

(6)

Vehicle ingress and egress meet council approval.

(7)

A minimum of two parking spaces are provided for each dwelling unit; one of the parking spaces shall be enclosed and attached to the principal structure it serves.

(8)

Density provisions under article X, division 6 of this chapter are not exceeded.

(Code 1984, § 10.26(3); Code 2003, § 78-369)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 0.5 acre.

b.

Lot width (minimum): 100 feet.

(2)

Height: maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building.

¹  OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240.

(b)

Exceptions.

(1)

Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet.

(2)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(3)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, §§ 10.25(6), 10.26(4); Code 2003, § 78-370; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 7, 6-27-2016; Ord. No. 222(3rd series), § 13, 12-10-2018; Ord. No. 299(3rd series), § 7, 3-11-2024)

The RR-1A One-Family Rural Residential District is intended to provide a district which will allow a combination of low-density residential development and limited agricultural activity.

(Code 1984, § 10.27(1); Code 2003, § 78-391)

Within any RR-1A One-Family Rural Residential District, no land or structures shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Municipal buildings.

(3)

One-family detached dwellings.

(4)

Publicly owned parks and playgrounds.

(Code 1984, §§ 10.20(2), 10.27(2); Code 2003, § 78-392; Ord. No. 44(3rd series), § 7, 2-25-2008; Ord. No. 82(3rd series), § 20, 12-13-2010; Ord. No. 90(3rd series), § 8, 12-12-2011; Ord. No. 210(3rd series), § 10, 6-25-2018; Ord. No. 233(3rd series), § 7, 10-14-2019; Ord. No. 279(3rd series), § 20, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any RR-1A One-Family Rural Residential District, no structure or land shall be used for the following uses without a conditional use permit.

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use.

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria:

a.

Such antennas must be in compliance with the city policy regarding the use of city-owned property for wireless telecommunication antennas;

b.

Such antennas must meet the conditions listed for personal wireless service antennas as a permitted use in the LR-1C zoning district.

c.

Such antennas may be located in the following locations:

1.

Co-located on an existing city emergency warning siren tower.

2.

Co-located on a replacement city emergency warning siren tower, with a height not to exceed 75 feet.

3.

Co-located on a new city emergency warning siren tower, at a location that meets the city's emergency warning needs, with a height not to exceed 75 feet.

d.

Such antennas shall meet the following performance standards:

1.

The antennas must be located on the existing emergency warning sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allowed to install a replacement tower that will accommodate both the emergency warning siren and the telecommunications antenna. The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications antenna. The city may also require the tower to have the capability of accommodating one additional carrier's antenna.

2.

A new emergency warning siren tower location, selected by the city to meet its emergency warning needs, could also be used as a telecommunications antenna site through co-location of the warning siren and antenna. The standards set out in subsection (2)d.1 of this section also apply to a siren tower in a new location.

3.

The height of a tower can be no higher than the minimum height required to address a gap in coverage.

4.

The setback of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided.

5.

A carrier must demonstrate through an engineering analysis that there is a gap in coverage.

6.

At the city's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co-location.

7.

The carrier must provide computer-generated photos showing the views (as selected by the city) with and without the tower.

8.

All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier.

9.

The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna, and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carrier's antenna needs.

10.

The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the city council. Appropriate vegetative screening of ground cabinets shall be provided by the carrier, subject to approval by the city council. The council at its discretion may allow the use of non-vegetative screening methods such as berming, fencing, etc.

11.

Stealth-type antennas (cylindrical), versus an array of panels, are required if the technology is available.

12.

Only monopole towers are allowed.

(3)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(4)

Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(5)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(6)

Public stables and barns, provided that:

a.

The public stable or barn is accessory to a residential use.

b.

Such structures are located at least 150 feet from the nearest lot line.

(7)

Riding academy, provided that:

a.

It is accessory to a residential use.

b.

It is operated by an owner or resident of the property.

c.

The number of horses and farm animals may not exceed the limitations of section 6.12.1840(6).

d.

No instruction occurs less than 100 feet from a residence on an adjacent property or less than 75 feet from the lot line.

(8)

Schools, day care centers, and uses accessory to a high school.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(9)

Stock farms, provided that:

a.

Excluding wetlands and wetland buffers as defined in sections 6.12.8110 and 6.12.8210, there are a minimum of ten acres of land devoted to the keeping of animals and the animal density is no more than two animal units an acre on the land devoted to keeping the animals.

b.

No dwellings are permitted except one for the property owner or the operator of the farm.

c.

No accessory buildings or structures are permitted other than those allowed for a residential use.

(10)

Wholesale green houses, provided that:

a.

All outside storage is fenced so as to screen the stored material from view when observed from all public streets or adjoining lots.

b.

Greenhouse structures are not located in a required yard area.

c.

There are no dwellings on the property, except one for the owner or operator of the wholesale greenhouse.

d.

There are no accessory buildings or structures other than those allowed for a residential use.

(11)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(Code 1984, §§ 10.20(3), 10.27; Code 2003, § 78-393; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 44(3rd series), § 7, 2-25-2008; Ord. No. 45(3rd series), § 7, 2-25-2008; Ord. No. 79(3rd series), § 8, 11-8-2010; Ord. No. 82(3rd series), § 21, 12-13-2010; Ord. No. 89(3rd series), § 1, 11-28-2011; Ord. No. 224(3rd series), § 7, 6-10-2019; Ord. No. 257(3rd series), § 9, 5-10-2021; Ord. No. 279(3rd series), § 21, 11-14-2022)

Within any RR-1A One-Family Rural Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Farm animal structures and enclosures such as barns, chicken coops, paddocks and arenas, horse loafing sheds, etc.

(5)

Keeping of farm animals and domestic poultry in accordance with section 6.12.6850.

(6)

Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III.

(7)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(8)

Signs, as regulated in this chapter.

(9)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(10)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(11)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(12)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(13)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(14)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(15)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(16)

Laundry drying equipment.

(17)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(18)

Apiaries when:

a.

The property consists of a minimum of two acres in land area.

b.

Maximum of six hives are permitted per acre of land.

c.

All structures associated with honeybees must follow the accessory structure setbacks.

(19)

Accessory dwelling units.

(Code 1984, §§ 10.20(3)(M), (3)(N), (4), 10.27(4); Code 2003, § 78-394; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 28(3rd series), § 9, 8-22-2005; Ord. No. 82(3rd series), § 22, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 100(3rd series), § 5, 2-25-2013; Ord. No. 106(3rd series), § 9, 6-10-2013; Ord. No. 222(3rd series), § 14, 12-10-2018; Ord. No. 264(3rd series), § 6, 11-22-2021; Ord. No. 279(3rd series), § 22, 11-14-2022; Ord. No. 315, § 12, 7-14-2025)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 5.0 acres.

b.

Lot width (minimum): 300 feet.

(2)

Height: maximum 30 feet defined height.

¹  OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240.

(b)

Exceptions:

(1)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(2)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, § 10.27(5); Code 2003, § 78-395; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 8, 6-27-2016; Ord. No. 222(3rd series), § 15, 12-10-2018; Ord. No. 278(3rd series), § 1, 10-10-2022; Ord. No. 299(3rd series), § 8, 3-11-2024)

The RR-1B One-Family Rural Residential District is intended to provide a district which will allow a combination of low-density residential development and limited agricultural activity.

(Code 1984, § 10.28(1); Code 2003, § 78-416)

Within any RR-1B One-Family Rural Residential District, no land or structures shall be used except for one or more of the following uses:

(1)

City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use.

b.

The architectural design of the structure is found to be compatible with the surrounding area.

(2)

Community gardens located on city property. For the purposes of this chapter, community gardens shall mean vegetable or flower gardens operating on city property by the city or with an approved license agreement authorized by the city council.

(3)

Municipal buildings.

(4)

One-family detached dwellings.

(5)

Personal wireless service antennas and towers.

a.

Purpose and intent. The purpose of this subsection is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare.

b.

Personal wireless service antennas. Personal wireless service antennas erected on a municipal water tower may be allowed as a secondary use by administrative permit, provided they comply with the city policy regarding the use of city-owned property for wireless telecommunication antennas and provided they meet the following conditions:

1.

The antenna shall be in compliance with the state building code and all other applicable federal and state regulations and permits.

2.

Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer.

3.

No advertising message shall be affixed to the antenna.

4.

Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety.

5.

When applicable, proposals to erect new antennas shall be accompanied by any required federal, state, or local agency licenses.

6.

Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping.

7.

All obsolete and unused antennas shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the city administrator or designee. The removal shall be the responsibility of the communication provider.

8.

Antennas shall utilize camouflaging techniques or shall be side-mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located.

9.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area.

(6)

Publicly owned parks and playgrounds.

(7)

Schools on lots 15 acres in size or greater.

a.

Schools may include pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. Schools are activity centers in the community requiring flexible application of ordinances including special events, uses, number and size of structures. In all cases, schools shall be developed and utilized consistent with the intent of the community management plan, wetland, shoreland, and floodplain regulations, and not adversely affect adjacent property.

b.

Uses and structures accessory to a school may include garages, shelters, dugouts, press boxes, storage sheds, parking, sport courts and fields, bleachers, scoreboards and lighting less than 30 feet from grade and any other items customary and incidental to a school.

c.

Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(Code 1984, §§ 10.20(2), 10.28(2); Code 2003, § 78-417; Ord. No. 161(2nd series), § 7, 6-7-1997; Ord. No. 226(2nd series), § 1, 5-27-2003; Ord. No. 44(3rd series), § 8, 2-25-2008; Ord. No. 82(3rd series), § 23, 12-13-2010; Ord. No. 90(3rd series), § 9, 12-12-2011; Ord. No. 198(3rd series), § 1, 6-12-2017; Ord. No. 210(3rd series), § 11, 6-25-2018; Ord. No. 233(3rd series), § 8, 10-14-2019; Ord. No. 279(3rd series), § 23, 11-14-2022)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within any RR-1B One-Family Rural Residential District, no structure or land shall be used for the following uses without a conditional use permit:

(1)

Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:

a.

All principal buildings are located at least 100 feet from any adjacent property zoned for residential use.

b.

All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use.

(2)

Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria:

a.

Such antennas must be in compliance with the city policy regarding the use of city-owned property for wireless telecommunication antennas;

b.

Such antennas must meet the conditions listed for personal wireless service antennas as a permitted use in the LR-1C zoning district.

c.

Such antennas may be located in the following locations:

1.

Co-located on an existing city emergency warning siren tower.

2.

Co-located on a replacement city emergency warning siren tower, with a height not to exceed 75 feet.

3.

Co-located on a new city emergency warning siren tower, at a location that meets the city's emergency warning needs, with a height not to exceed 75 feet.

d.

Such antennas shall meet the following performance standards:

1.

The antennas must be located on the existing emergency warning sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allowed to install a replacement tower that will accommodate both the emergency warning siren and the telecommunications antenna. The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications antenna. The city may also require the tower to have the capability of accommodating one additional carrier's antenna.

2.

A new emergency warning siren tower location, selected by the city to meet its emergency warning needs, could also be used as a telecommunications antenna site through co-location of the warning siren and antenna. The standards set out in subsection (2)d.1 of this section also apply to a siren tower in a new location.

3.

The height of a tower can be no higher than the minimum height required to address a gap in coverage.

4.

The setback of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided.

5.

A carrier must demonstrate through an engineering analysis that there is a gap in coverage.

6.

At the city's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co-location.

7.

The carrier must provide computer-generated photos showing the views (as selected by the city) with and without the tower.

8.

All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier.

9.

The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna, and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carrier's antenna needs.

10.

The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the city council. Appropriate vegetative screening of ground cabinets shall be provided by the carrier, subject to approval by the city council. The council at its discretion may allow the use of non-vegetative screening methods such as berming, fencing, etc.

11.

Stealth-type antennas (cylindrical), versus an array of panels, are required if the technology is available.

12.

Only monopole towers are allowed.

(3)

Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use.

(4)

Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(5)

Public libraries, provided that all buildings are located at least 50 feet from any adjacent property zoned for residential use.

(6)

Public service structures, provided that:

a.

All buildings are located at least 50 feet from any adjacent property zoned for residential use; and

b.

The architectural design of the structure is compatible with the architectural design of the surrounding area.

(7)

Public stables and barns, provided that:

a.

The public stable or barn is accessory to a residential use.

b.

Such structures are located at least 150 feet from the nearest lot line.

(8)

Riding academy, provided that:

a.

It is accessory to a residential use.

b.

It is operated by an owner or resident of the property.

c.

The number of horses and farm animals may not exceed the limitations of section 6.12.1840(5).

d.

No instruction occurs less than 100 feet from a residence on an adjacent property or less than 75 feet from the lot line.

(9)

Schools, day care centers, and uses accessory to a high school on lots less than 15 acres.

a.

Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students.

b.

Day care centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children.

c.

Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:

1.

Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district;

2.

Not separated from the high school building by a public road;

3.

Operated by the school district or by a nonprofit organization; and

4.

All structures are located at least 50 feet from any adjacent property zoned for residential use.

(10)

Stock farms, provided that:

a.

Excluding wetlands and wetland buffers as defined in sections 6.12.8110 and 6.12.8210, there are a minimum often ten acres of land devoted to the keeping of animals and the animal density is no more than two animal units an acre on the land devoted to keeping the animals.

b.

No dwellings are permitted except one for the property owner or the operator of the farm.

c.

No accessory buildings or structures are permitted other than those allowed for a residential use.

(11)

Wholesale green houses, provided that:

a.

All outside storage is fenced so as to screen the stored material from view when observed from all public streets or adjoining lots.

b.

Greenhouse structures are not located in a required yard area.

c.

There are no dwellings on the property, except one for the owner or operator of the wholesale greenhouse.

d.

There are no accessory buildings or structures other than those allowed for a residential use.

(12)

Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use. All portions of columbaria located above ground shall meet the following standards:

a.

Located at least ten feet from property boundaries.

b.

Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or nonresidential use.

c.

Located at least ten feet from the edge of the paved, traveled roadway.

d.

Shall not exceed eight feet in height including any appurtenances.

e.

Direct views from all adjoining residential parcels shall be buffered by appropriate means.

(13)

Lighting where the light source is greater than 30 feet from grade.

(Code 1984, §§ 10.20(3), 10.28(3); Code 2003, § 78-418; Ord. No. 145(2nd series), § 1, 3-11-1996; Ord. No. 161(2nd series), §§ 3, 4, 6-7-1997; Ord. No. 179(2nd series), § 2, 10-12-1998; Ord. No. 226(2nd series), § 2, 5-27-2003; Ord. No. 44(3rd series), § 8, 2-25-2008; Ord. No. 45(3rd series), § 8, 2-25-2008; Ord. No. 79(3rd series), § 9, 11-8-2010; Ord. No. 82(3rd series), § 24, 12-13-2010; Ord. No. 89(3rd series), § 2, 11-28-2011; Ord. No. 198(3rd series), § 1, 6-12-2017; Ord. No. 224(3rd series), § 8, 6-10-2019; Ord. No. 257(3rd series), § 10, 5-10-2021; Ord. No. 279(3rd series), § 24, 11-14-2022)

Within any RR-1B One-Family Rural Residential District, the only permitted accessory uses and structures are the following:

(1)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing.

(2)

Driveways, sidewalks and parking spaces.

(3)

Detached private garages and buildings subject to the performance standards of this chapter.

(4)

Farm animal structures and enclosures such as barns, chicken coops, paddocks and arenas, horse loafing sheds, etc.

(5)

Keeping of farm animals and domestic poultry in accordance with section 6.12.6850.

(6)

Kennel structures and dog runs, subject to the provisions of chapter 5.28, article III.

(7)

Fencing, subject to the provisions of section 6.12.6940(a)(9).

(8)

Signs, as regulated in this chapter.

(9)

Flagpoles, subject to accessory structure location and height requirements of this chapter.

(10)

Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems.

(11)

Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter.

(12)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(13)

One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way.

(14)

Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 6.12.7510 through 6.12.7550 and 6.12.7820. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations.

(15)

Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or required front yard except a designated, improved driveway.

(16)

Laundry drying equipment.

(17)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(18)

Apiaries when:

a.

The property consists of a minimum of two acres in land area.

b.

Maximum of six hives are permitted per acre of land.

c.

All structures associated with honeybees must follow the accessory structure setbacks.

(19)

Accessory dwelling units.

(Code 1984, §§ 10.20(3)(M), (3)(N), (4), 10.28(4); Code 2003, § 78-419; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 28(3rd series), § 10, 8-22-2005; Ord. No. 82(3rd series), § 25, 12-13-2010; Ord. No. 96(3rd series), § 3(3.01, 3.02), 11-13-2012; Ord. No. 100(3rd series), § 6, 2-25-2013; Ord. No. 106(3rd series), § 10, 6-10-2013; Ord. No. 222(3rd series), § 16, 12-10-2018; Ord. No. 264(3rd series), § 7, 11-22-2021; Ord. No. 279(3rd series), § 25, 11-14-2022; Ord. No. 315, § 13, 7-14-2025)

(a)

The following minimum requirements shall be observed:

(1)

Dimensional requirements:

a.

Lot area (minimum): 2.0 acres.

b.

Lot width (minimum): 200 feet.

(2)

Height: maximum 30 feet defined height.

¹  OHWL setback is determined by the classification of the lake as defined in section 6.12.5970 and the applied minimum setback from the OHWL as outlined in section 6.12.6240.

(b)

Exceptions.

(1)

Side yard setback. For lots that are nonconforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesser of 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet.

(2)

Side yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel.

(3)

Front yard setback. For lots that are nonconforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the nonconforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet.

(Code 1984, § 10.28(5); Code 2003, § 78-420; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 9, 6-27-2016; Ord. No. 199(3rd series), § 5, 6-12-2017; Ord. No. 222(3rd series), § 17, 12-10-2018; Ord. No. 278(3rd series), § 2, 10-10-2022; Ord. No. 299(3rd series), § 9, 3-11-2024)

Within any RR-1B One-Family Rural Residential District, no structure or land shall be used for the following uses unless an interim use permit has been issued in accordance with the provisions of article XIV of this chapter:

(1)

Temporary facilities for construction staging, materials and equipment storage, and materials recycling, when such facilities are associated with adjacent public road construction or reconstruction projects in the city.

a.

Time limit. The facility must be completely removed and the site returned to its original state or better within six months of project completion.

b.

The applicant shall submit plans indicating the site layout, scheduling and timing of the use, and the routes for trucks hauling materials to and from the site.

c.

The applicant shall adhere to all city and other agency requirements for site and adjacent road maintenance, and traffic control measures.

(Code 2003, § 78-421; Ord. No. 195(3rd series), § 1, 5-8-2017)

The RS Seasonal Recreational District is intended to provide a district which will allow a low-density seasonal form of residential development or recreational activity on the three Lake Minnetonka islands within the city. Big Island, Mahpiyata Island and Deering Island are totally surrounded by water. Special problems exist because of their isolated location and because there is no direct access by land or bridge. Transportation is difficult, dangerous and slow, especially in fall or spring when the ice is forming or melting. Engineering, financial, administrative and practical difficulties prevent servicing the islands with sewer or water utilities, garbage collection, or complete police, fire, medical emergency or other municipal services. The islands have historically been used for summer cabins, camping spots, temporary boat landings and a disabled veterans' summer camp. As long as this usage remains minimal, public health and safety is reasonably maintained. But development forecasts indicate increasing pressures for more intensive usage that could easily exceed the city's public service capabilities. For these reasons, the city's comprehensive plans have long-established policies encouraging eventual public ownership of the islands as recreational resources for general lake users. In addition, limited private seasonal recreational use would be allowed to continue indefinitely, subject to strict conformance with special health and safety standards. The RS district is established to implement these special planning policies.

(Code 1984, § 10.31(1); Code 2003, § 78-561)

The RS district regulations represent an innovative attempt to solve the unique problems relating to historic use and previously platted substandard lots on the islands while at the same time assuring the property owners of continued reasonable use of their property. It may be found by subsequent city councils that this division was not restrictive enough to protect the health, safety and welfare of the citizens and that new development potential granted to property owners by this division may have to be modified. Therefore, no new development rights granted by this division shall be deemed to be vested property rights but shall remain subject to future modification by the city.

(Code 1984, § 10.31(19); Code 2003, § 78-562)

(a)

Nonconforming uses.

(1)

No new use of land or structures shall be permitted in the RS district except in compliance with this division. All existing uses of land or structures which may be made nonconforming by adoption of the ordinance from which this division is derived shall be discontinued and/or made to be in full compliance with all use and performance standard requirements of this division within a period of seven years from the date of adoption, not to extend later than January 1, 1990.

(2)

Upon notice of record lot classification pursuant to section 6.12.1980(1) and within six months of January 13, 1983, any record lot owner may apply to the council with no application fee required for a variance to this section to allow a continued nonconforming use, subject to reasonable standards and timetables, established by the council for compliance with on-site sewage treatment, private security, private fire protection and other performance standard requirements established by this division. The applicant shall demonstrate and the council shall find that the use is and was legally existing as of November 9, 1981, the effective date of the moratorium established by Ordinance No. 238. Failure to apply for such a variance within the time allowed shall be prima facie evidence that such a nonconforming use was either illegal or did not lawfully exist on that date.

(b)

Nonconforming substandard properties. Restrictions applying to nonconforming uses shall not apply to record lots which are substandard in lot area or lot width but which are being used in conformance with this division:

(1)

Record lots which are less than 2.0 acres in dry-buildable lot area and/or less than 200 feet in lot width became substandard lots on January 1, 1975, the effective date of Ordinance No. 172.

(2)

Record lots, which are greater than 2.0 acres in dry-buildable lot area, but are less than 5.0 acres in dry-buildable lot area, became substandard lots on January 13, 1983.

(3)

Substandard record lots may be used or developed pursuant to section 6.12.320(c).

(c)

Nonconforming substandard buildings or structures. Restrictions applying to nonconforming uses shall not apply to existing buildings or structures which do not conform to location, height or hardcover limitations, but which are being used in conformance with this division. Existing buildings not conforming to the required minimum setbacks may continue to be used, repaired or maintained within the existing building envelope. These buildings may be enlarged vertically or horizontally within the required yard area without requiring a council-approved setback variance, provided:

(1)

The addition conforms to all required setbacks, even if parts of the existing building do not.

(2)

The addition extends an existing building line by not more than 20 feet and does not further encroach or reduce any required setback dimension less than already exists.

(3)

The addition within the required setback area contains not more than 200 square feet, or 50 percent of the total existing building area, whichever is less.

(4)

There shall be no setback exceptions permitted for addition to or enlargement of any accessory building or structure.

(5)

There shall be no setback exceptions permitted that reduce any required setback to less than ten feet.

(6)

There shall be no setback exceptions permitted for any horizontal building addition or hard cover increase of any kind within 75 feet of the shoreline or within a required wetland buffer or buffer setback.

(7)

There shall be no setback exceptions permitted without a council-approved variance in cases where any existing building is being replaced by a new building, or where the proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the assessor's fair market value for the existing building. In these situations, the new work shall conform to all required setbacks.

(8)

The exceptions authorized by this section apply only to setback requirements and do not authorize variance of any lot area, hard cover, building height, building area or any other zoning or building code performance standard.

(Code 1984, § 10.31(16)—(18); Code 2003, § 78-563; Ord. No. 28(3rd series), § 12, 8-22-2005; Ord. No. 92(3rd series), § 2, 3-26-2012)

Within any RS Seasonal Recreational District, no land or structures shall be used except for any one of the following uses:

(1)

One-family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's principal residence for homestead tax credit purposes.

(2)

One-family seasonal recreational use of land without structures, or with accessory structures only, such as tent camping or day use only. Accessory structures permitted on land without a principal structure shall be limited to one or more of the following:

a.

Docks conforming to city and LMCD code requirements.

b.

Not more than one storage building not to exceed 120 square feet in area.

c.

Fire rings or barbeque pits.

d.

Open deck or screen house not to exceed 300 square feet in area.

e.

Not more than one toilet building or outhouse, which must conform in location and design to the requirements of section 6.12.2040.

f.

Tents or similar temporary structures to be in place not to exceed 180 days in any one year.

(3)

Publicly owned and operated parks, nature areas or wildlife preserves, for day use only, when operated by the city, the Hennepin Park Reserve District or by the state department of natural resources. All dockage or structures shall remain subject to council review and approval.

(Code 1984, § 10.31(2); Code 2003, § 78-564; Ord. No. 90(3rd series), § 11, 12-12-2011; Ord. No. 233(3rd series), § 9, 10-14-2019)

Within any RS Seasonal Recreational District, no land or structures shall be used for the following uses except by conditional use permit:

(1)

Principal dwellings. One-family detached dwellings used or occupied for 181 days or more in any one year, or any dwelling regardless of the duration of use for which the owner wishes to claim a principal residence homestead tax credit. A conditional use permit may be issued for such nonseasonal dwelling use, provided the applicant demonstrates and the council finds that the property is large enough to be permanently self-supporting in terms of water supply and sewage treatment, and that extra private precautions are taken for fire protection and security of persons and property, as follows:

a.

The minimum dry buildable record lot area required for approval of a principal dwelling conditional use permit without a variance shall be 5.0 acres. Approval of a principal dwelling conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards.

b.

An on-site sewage treatment system shall be provided in conformance with the requirements of section 6.12.2040.

c.

A domestic water well shall be provided which conforms to current state health department regulations for depth, for setback from lake, wetland and sewage treatment system components, and which is capable of supplying domestic fire protection.

d.

The dwelling shall be built or rebuilt to conform to current state building code requirements, including provision for a permanent foundation, a heating system and insulation conforming to energy code standards.

e.

The dwelling shall be equipped with approved smoke detection devices, and with some form of manual or automatic fire extinguishing equipment.

f.

The dwelling shall be provided with telephone service.

g.

The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline.

h.

All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel.

(2)

Guest cabins. Accessory separate dwellings or sleeping quarters containing indoor toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use permit may be issued for one or more private guest cabins, provided the applicant demonstrates and the council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a small property or will not adversely affect neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows:

a.

Private guest cabins shall be used solely by the occupants of the seasonal or principal dwelling, including their domestic employees, caretakers or nonpaying guests. Private guest cabins shall not be rented or leased for compensation.

b.

The minimum dry buildable record lot area required for approval of a private guest cabin conditional use permit without a variance shall be 5.0 acres. Approval of a private guest cabin conditional use permit on an existing record lot of less than 5.0 acres shall be subject to strict showing of compliance with health and sanitation performance standards.

c.

The guest cabins and the seasonal or principal dwelling shall all be connected to on-site sewage treatment systems in conformance with the requirements of section 6.12.2040.

d.

The guest cabins and the seasonal or principal dwelling shall all be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment.

e.

All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel.

f.

Not more than one private guest cabin constructed without indoor plumbing, toilets or kitchen facilities, and used only for additional sleeping quarters, shall be permitted on any property as an accessory use without requiring a conditional use permit, provided the accessory cabin does not exceed 600 square feet in floor area and provided all accessory building performance standards are met. Use of more than one accessory building for additional sleeping quarters, or use of an accessory building in excess of 600 square feet in floor area, shall require issuance of a conditional use permit and compliance with the provisions of this subsection (2).

(3)

Day-use recreation areas. Land or structures owned or used by any private club, association or group of unrelated individuals as a regular meeting place for group activities, including, without limitation, boating activities, swimming, fishing, picnicking, athletic fields, nature trails and other day use. Overnight camping shall be permitted only on an occasional and incidental basis. This category includes day use scout, church, YMCA or YWCA camps, private nonprofit parks and boating groups, clubs or associations. This category does not include public day-use parks. A conditional use permit may be issued for a day-use recreation area, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or wetlands, upon neighboring or nearby properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows:

a.

The minimum dry-buildable record lot area required for approval of a day-use recreation area conditional use permit without a variance shall be 5.0 acres. If the number of expected users at any one time exceeds 100, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per 20 users.

b.

The minimum lot width at the shoreline shall be 200 feet.

c.

The club, association or group shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at all times abide by all its terms. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline.

d.

Any swimming area shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervisors shall be provided as may be required by the council.

e.

On-site sewage treatment shall be provided in conformance with the requirements of section 6.12.2040.

f.

All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the council as to size, location and proposed use prior to issuance of any building permits.

g.

The property shall be provided with telephone service for emergency use.

h.

The lot or parcel shall be located directly on the shoreline, or other access shall be available via a privately improved and maintained access to the shoreline.

i.

All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel.

(4)

Overnight camps. Land or structures owned or used by any public agency, unit of government or any private club, association or group for overnight or extended camping by families or individuals, including related activities, such as boating, swimming, fishing, picnicking, athletic fields or nature trails. This category includes overnight scout, church, YMCA or YWCA, Park Reserve and Veterans' Association camps. A conditional use permit may be issued for an overnight camp, provided the applicant demonstrates and the council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or upon neighboring properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows:

a.

The minimum dry-buildable record lot area required for approval of an overnight camp conditional use permit shall be 5.0 acres. If the number of dwelling units exceeds five, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per dwelling unit. For purposes of this section, one dwelling unit shall mean up to two developed camping spots for tent camping or each separate cabin or structure used for sleeping purposes, whether or not such cabin or structure includes separate toilet or kitchen facilities.

b.

The minimum lot width at the shoreline shall be 200 feet.

c.

Any common kitchen, dining room or eating facility shall conform to the requirements of county environmental sanitation food protection ordinances, including all applicable licenses and inspections.

d.

The camp operator shall each year obtain a joint-use dock license from the city and from the Lake Minnetonka Conservation District, and shall at all times abide by all of its terms. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline.

e.

Any swimming areas shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervision shall be provided as may be required by the council.

f.

Toilet and sanitation facilities, including on-site sewage treatment systems, shall be provided in conformance with state health department regulations and the requirements of section 6.12.2040.

g.

All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the council as to size, location and proposed use prior to issuance of any building permits.

h.

The property shall be provided with telephone service for emergency use.

i.

All cabins or other structures used for sleeping purposes shall be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment.

j.

All assembly buildings having an occupancy load of 50 persons or more shall be equipped with fire extinguishing equipment consisting of hand-held fire extinguishers and either an automatic fire sprinkler system or other means of fire suppression equipment as may be approved by the council.

k.

An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all times the camp is occupied.

l.

All property in common ownership shall be combined into one tax parcel, if contiguous; or, if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel.

(5)

PRD subdivisions. Planned residential development subdivisions limited to detached one-family seasonal dwellings only, subject to the minimum 5.0 dry-buildable acres per dwelling unit net density otherwise required in the RS district, and subject to the limitations of division 8 of this article. The minimum total land area for a PRD subdivision shall be 20.0 acres.

(6)

The keeping of domestic animals for noncommercial purposes, including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as set forth in this subsection. A minimum of two acres of open pasture must be available for a single horse, and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the council. Such minimum pasture acreage shall not include wetlands as defined in section 6.12.8110. Any person keeping such animals must comply with the provisions of this Code.

(Code 1984, §§ 10.20(3), 10.31(3); Code 2003, § 78-565; Ord. No. 28(3rd series), § 13, 8-22-2005)

Within any RS Seasonal Recreational District, no accessory structure or use of land shall be permitted unless a permitted or conditional use is first established on such land, except as allowed in section 6.12.1940(2). Once a permitted or conditional use exists on any lot or parcel, no accessory structure or use of land shall be permitted except for one or more of the following uses:

(1)

Docks conforming to city and Lake Minnetonka Conservation District regulations, not to exceed one slip per 50 feet of shoreline width, or a maximum of four slips per property, whichever is less. An annual joint-use dock license shall be required for any nonresidential dock and/or for any property having more than four slips. The accessory use of a residential or nonresidential private dock shall not include renting space, except to an inland Big Island lot owner.

(2)

Not more than two accessory buildings used for storage, service or other nonhabitable purpose. No such individual building shall exceed 1,000 square feet in floor area, and the sum of any two buildings on any record lot shall not exceed 1,500 square feet in floor area without a conditional use permit. Accessory buildings used as barns or stables shall be subject to this area restriction and to a conditional use permit, including a 150-foot setback from all property lines.

(3)

Not more than one accessory private guest cabin not to exceed 600 square feet in floor area pursuant to section 6.12.1950(2)f.

(4)

Open decks, patios, screenhouses or private greenhouses.

(5)

Private swimming pools, tennis courts, paddocks or athletic fields or equipment.

(6)

Not more than two toilet buildings or outhouses, which shall conform in location and design to the requirements of section 6.12.2040.

(7)

Tents or other temporary structures to be in place not more than 180 days in any one year.

(8)

Open wood or gravel-filled steps, stairways or walkways on lakeshore hills or embankments, limited to not more than four feet wide at any point within 75 feet of the shoreline. Concrete or other solid materials shall constitute hard cover and are prohibited.

(9)

Lake water pumphouses which, may be within 75 feet of the shoreline if limited to 20 square feet or less in area and five feet or less in height, and subject to all applicable permits for such use.

(10)

Fire rings or barbeque pits.

(11)

Gardens, gardening or other horticultural uses, including apiaries and decorative landscaping.

(12)

Fences, not to exceed 42 inches in height, and no part of which may be located within 75 feet of the shoreline.

(13)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(14)

New boathouses within 75 feet of the shoreline are specifically prohibited.

(Code 1984, §§ 10.20(4), 10.31(4); Code 2003, § 78-566; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 93(3rd series), § 5, 6-25-2012; Ord. No. 100(3rd series), § 8, 2-25-2013; Ord. No. 273(3rd series), § 1, 6-13-2022; Ord. No. 284(3rd series), § 2, 11-13-2023)

It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from the council, as follows:

(1)

Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee.

(2)

Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a license issued by the council.

(3)

Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit or license.

(4)

Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 6.12.1980 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way.

(5)

Public use limited. Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees.

(6)

Permit limitations. A permit or license issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits or license issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee or licensee at least 30 days prior to the anniversary date.

(7)

Hold harmless. As a condition of issuance of any permit or license, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees.

(8)

Permit hearing and notice. The planning commission or the council shall hold a public hearing or hearings on each application for a permit as required by section 6.12.280.

(Code 1984, § 10.31(5); Code 2003, § 78-567; Ord. No. 210(3rd series), § 12, 6-25-2018; Ord. No. 273(3rd series), § 2, 6-13-2022)

Within any RS Seasonal Recreational District, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of any wetlands. Within any RS seasonal recreational district, the following provisions shall govern the buildability, use and/or subdivision of each existing record lot:

(1)

Record lot definition. For purposes of the RS Seasonal Recreational District, the term "record lot" means all the contiguous or abutting land owned in common by the same person as of November 9, 1981, or at any time such common ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of the term "record lot" is commonly owned land that is contiguous except for being separated only by platted unopened public right-of-way. Each record lot shall be considered in its entirety to be one lot for zoning purposes.

a.

The effective date for determination of common ownership is November 9, 1981, the date of adoption of Ordinance No. 238, establishing a moratorium on development, including land subdivision, on the Lake Minnetonka Islands. Common ownership as of that date has been and shall be determined by the deeds of record at the county recorder's office. This definition shall not preclude the city from recognizing or enforcing the common ownership/lot of record provisions of Ordinance No. 172, or any other similar prior ordinance.

b.

The council has identified and establishes 69 record lots on Big Island, Mahpiyata Island and Deering Island as listed by record lot number in subsections (4), (5), (6) and (7) of this section. Each such record lot shall include all land identified by all tax parcel property identification numbers (PIDs) grouped together following the record lot number.

c.

Within 60 days after January 13, 1983, the owner of each record lot shall be notified in writing at his last recorded address of the classification of each record lot, including all tax parcels determined to be included in such record lot. All existing uses in the RS district are identified in the record lot inventory, subsections (4), (5), (6) and (7) of this section, and all such uses have been deemed to be seasonal in nature. The notice shall provide that in order to receive the benefits of the automatic lot area variances granted by subsections (6) and (8) of this section, the owner shall, on a form provided by the city, acknowledge the record lot and shall apply for combination of all separate tax parcels pursuant to subsection (2) of this section. Any record lot owner may appeal the record lot classification or use determination to the council with no application fee required within six months of the effective date of this division. The record lot inventory shall be considered accurate and final for all properties except those found on appeal to have a demonstrable cause for change or adjustment.

d.

Notice of record lot establishment shall be filed by the city in the chain of title of each property.

e.

Future changes in tax parcel property identification numbers caused by combination of parcels for tax purposes or for any other reason shall not alter the establishment of record lots. New record lots shall be created only by council approved subdivisions pursuant to subsection (3) of this section, or by combination of two or more complete record lots.

(2)

Tax parcel combination required. No new building permit, variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless the owner of such record lot shall apply for a formal combination of all commonly owned property into one parcel. If contiguous, all property shall be combined into one tax parcel. If separated by public right-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel.

(3)

Subdivision of record lots. All record lots established in this section shall be continued in common ownership and shall not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and council approval of a subdivision in accordance with chapter 6.20. Such subdivisions will normally be approved and additional new record lots created only if all resulting lots are each 5.0 acres of dry-buildable lot area or more. No existing record lot shall be divided or reduced in area to less than 5.0 acres of dry-buildable lot area, except as follows:

a.

Lot line rearrangements between abutting properties that do not create an additional building site will normally be approved.

b.

Separation of platted lots divided by public rights-of-way may be approved provided the separated lot is combined with other abutting property to enlarge the property without necessarily creating an additional substandard building site.

(4)

Subdividable record lot inventory. Record lots 1 through 4 inclusive are established, each of which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner. Therefore, each of record lots 1 through 4 inclusive may be subdivided into two or more lots in conformance with the minimum lot area requirements of this section, subject to subdivision application and approval pursuant to subsection (3) of this section and to chapter 6.20. Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers.

(5)

Conforming record lot inventory. Record lots 1 through 7 inclusive are established, each of which is determined to have a dry-buildable lot area of 5.0 acres or more per owner. Therefore, each of record lots 1 through 7 inclusive are in conformance with the minimum lot area requirements of this section, and may be used for any one-family permitted or conditional use in the RS district, subject to all performance standards and approvals required, including tax parcel combination pursuant to subsection (2) of this section. Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers.

(6)

Substandard buildable record lot inventory. Record lots 8 through 62 inclusive are established, each of which is determined to have a dry-buildable lot area of less than 5.0 acres per owner, which lot area is substandard pursuant to the minimum lot area requirements of this section. Record lots 8 through 62 inclusive may be developed only in accordance with section 6.12.320(c). Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers.

(7)

Substandard unbuildable record lot inventory. Record lots 63 through 70 inclusive are established, each of which is approximately one-third acre in area or smaller, which lot area is too small to accommodate any form of new permanent use without available services such as municipal sewer. One-family seasonal recreational use without structures pursuant to section 6.12.1940(2) shall be permitted subject to strict compliance with all on-site sewage treatment performance standard requirements for the RS district. Record lots 63 through 70 inclusive may be developed only in accordance with section 6.12.320(c). Record lots are identified by record lot number on the official record lot map and listing on file with the city clerk, and each includes all property identified thereafter by the listed tax parcel property identification numbers.

(8)

Substandard unbuildable record lot exception. Any new record lot resulting from future combination for ownership and tax purposes of any two or more adjacent record lots listed in subsection (2) of this section with each other and/or with another vacant or undeveloped record lot, which total dry-buildable acreage meets or exceeds one-half acre, will be recognized by the council as a buildable lot as if it had been listed under subsection (6) of this section. Each such new record lot may be developed in accordance with section 6.12.320(c) on the official record lot map and listing on file with the city clerk.

(Code 1984, § 10.31(6); Code 2003, § 78-568; Ord. No. 28(3rd series), § 14, 8-22-2005; Ord. No. 92(3rd series), §§ 3—7, 3-26-2012)

Within any RS seasonal recreational district, no new lot or parcel shall be created less than 200 feet in width measured at the shoreline and at the building site. No existing lot of record shall be reduced by any lot line rearrangement to less than 50 feet in width measured at the shoreline and at the building site.

(Code 1984, § 10.31(7); Code 2003, § 78-569)

Within any RS Seasonal Recreational District, the following yard and setback requirements shall be observed for all new buildings and structures and for any addition or alteration to any existing building or structure, whether temporary, seasonal or permanent:

(1)

Minimum setback from lakeshore, all buildings and structures, including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet.

(2)

Minimum setback from wetlands shall be:

a.

Wells and sewage treatment systems, 75 feet.

b.

All buildings and structures, land alteration or hard cover of any kind, shall meet the setback requirements established within article XI of this chapter.

(3)

Minimum setback from platted street rights-of-way, all buildings and structures, 30 feet.

(4)

Minimum setback from internal side or rear property line shall be:

a.

All buildings and structures on lots 200 feet or more in width, 50 feet.

b.

All buildings and structures on existing record lots 100 feet or more in width but less than 200 feet in width, 30 feet.

c.

All buildings and structures on existing record lots less than 100 feet in width, ten feet.

(5)

Minimum setback any building to any other, ten feet.

(Code 1984, § 10.31(8); Code 2003, § 78-570; Ord. No. 28(3rd series), § 15, 8-22-2005; Ord. No. 222(3rd series), § 18, 12-10-2018)

Hardcover in the RS district shall be regulated per the provisions of the stormwater quality overlay district, article XIII of this chapter. Exception: The provisions of section 6.12.9140(1) through (3) regarding proof via calculation of available garage, driveway and sidewalk hardcover shall not be applicable to the RS district.

(Code 1984, § 10.31(9); Code 2003, § 78-571; Ord. No. 105(3rd series), § 1, 5-28-2013)

Within any RS Seasonal Recreational District, no structure or building shall exceed 30 feet in height except as provided in section 6.12.6710.

(Code 1984, § 10.31(10); Code 2003, § 78-572; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 10, 6-27-2016)

Within any RS Seasonal Recreational District, all new buildings or structures and all additions, repairs, alterations or improvements to existing buildings or structures shall be built in strict conformance with the current edition of the state building code as adopted and amended by the city, and with the following regulations:

(1)

Foundations required. All new or remodeled seasonal dwellings or guest cabins and all principal dwellings shall be placed on a permanent frost-depth, solid masonry or treated wood foundation that completely encloses the entire perimeter of the building.

(2)

Minimum dwelling area required. All new or remodeled dwellings or habitable buildings shall meet or exceed the following minimum square footage of enclosed floor area on the main floor:

a.

Tents, screenhouses or other permitted accessory structures, no minimum area required.

b.

Seasonal dwellings or guest cabins, 400 square feet.

c.

Principal dwellings, 800 square feet.

(3)

Minimum dwelling width required. All new or remodeled dwellings or habitable buildings shall be at least 20 feet in width at the narrowest dimension.

(4)

Minimum roof requirements. All new or remodeled dwellings, buildings or structures of any kind shall be provided with a fire-retardant roof covering having class A or B rating, including treated but not untreated wood shakes or shingles, or class C mineral surfaced asphalt shingles laid as required in the state building code. All new dwellings shall have a sloped roof of at least 3:12 pitch.

(5)

Minimum plumbing requirements. All new or remodeled seasonal dwellings over 800 square feet in floor area, all guest cabins over 600 square feet in floor area, and all principal dwellings shall be provided with indoor plumbing consisting of at least one water closet, one lavatory, and one kitchen sink, all connected to an approved on-site sewage treatment system conforming to the requirements of section 6.12.2040.

(6)

Additional fire protection system requirements. Because of the lack of available public fire protection services, each property owner shall be required to provide additional private fire protection and life safety systems as follows:

a.

Fire-resistive roof coverings as required by subsection (4) of this section.

b.

All temporary, seasonal or principal dwellings and guest cabins, except tents, having bedrooms or used as sleeping quarters shall be provided with approved smoke detection devices conforming to state building code specifications and location requirements.

c.

Every habitable building or structure shall be provided with at least one approved fire extinguisher labeled for Class A, B and C hazards; and the minimum extinguisher size shall be 1A10BC.

d.

Every principal dwelling shall be provided with additional fire extinguishing equipment, such as a well, pump and domestic hoseline; a residential-design automatic fire sprinkler system; or other means of fire suppression equipment as may be approved by the council.

e.

Every nonresidential building having an occupant load of 50 persons or more shall be provided with an automatic fire sprinkler system conforming to NFPA Standard No. 13, current edition, or with other fire extinguishing equipment as may be approved by the council.

f.

The owner of any building or structure existing and in use, including seasonal use, as of the effective date of the ordinance from which this division is derived, shall have a period of two years, not to extend later than January 1, 1985, to comply with the provisions of subsections (6)b and (6)c of this section, and a period of five years, not to extend later than January 1, 1988, to comply with the provisions of subsections (6)d and e of this section; except that if any addition, alteration or repair is undertaken on such building or structure prior to these compliance dates, compliance shall be required as a condition of permit issuance for such work.

(7)

Additional building security requirements. Because of the remote location of the islands, each property owner shall be responsible for providing additional private security measures for persons and property as follows:

a.

Telephone service shall be provided at each principal dwelling, at day-use recreation areas, and at overnight camps.

b.

All buildings or structures shall be provided with substantial locking devices on all doors and windows.

c.

Owners of seasonal dwellings or other buildings are encouraged, but not required, to place solid lockable shutters over all ground floor windows and doors when the building is to be unused for any length of time, and especially over the winter months.

d.

Any abandoned or hazardous building shall be securely boarded up within 60 days and shall be razed and completely removed within one year of any notice issued by the city.

e.

Any intrusion alarm system having an audible alarm shall be self-resetting.

(Code 1984, § 10.31(11); Code 2003, § 78-573)

Within any RS seasonal recreational district, all lots, properties, buildings and structures shall be provided with on-site sewage treatment systems conforming to the requirements of chapter 5.24, article II, as amended by the following specific exceptions and requirements pertaining to the RS district.

(1)

Systems not required. Vacant property or property used solely for one-family seasonal recreational use of land without structures, or with accessory structures only, as permitted by section 6.12.1940(2), need not be provided with an on-site sewage treatment system, provided that at any time such property is actually in use by one or more persons for overnight or longer stays an approved marine toilet or portable holding-tank toilet shall be available on the property or within a watercraft docked or moored at the property.

(2)

Outhouses permitted. Notwithstanding other prohibition in the on-site sewage treatment code (chapter 5.24, article II), outhouses or pit-type toilets may be used on property in the RS district subject to the following restrictions:

a.

Outhouses may be used only on property used for:

1.

Seasonal dwellings of less than 800 square feet in floor area.

2.

Seasonal recreational use of land without structures, or with accessory structures only.

3.

Any other permitted or conditional use only upon approval of a variance issued by the council.

b.

Outhouses shall be dry with no water plumbed-in.

c.

Outhouses shall be constructed in accordance with state pollution control agency specifications and shall be set over a curbed pit of at least 50 cubic feet capacity.

d.

Sealed vault-type outhouses shall not be permitted because pump-out and sanitary disposal is unfeasible.

e.

Outhouses shall be located at least 75 feet from any lakeshore, wetland or water well, and at an elevation such that the bottom of the pit is at least five feet above the level of the lakeshore and/or the level of any adjacent wetland or drainageway.

f.

Existing outhouses not conforming to any or all of the requirements of this subsection (2) shall be abandoned, filled in and the superstructure removed within five years of the effective date of the ordinance from which this section is derived, not to be later than January 1, 1988.

g.

It is unlawful for any person to construct, install or relocate an outhouse without first obtaining a permit from the city as required for other on-site systems, except that outhouse permits may be issued to the property owner as well as to licensed contractors. Permit applications shall specify location, setbacks, pit design and pit elevation above the water table. All work on outhouses, including construction, installation, alteration or relocation, shall be subject to inspection and approval by the city to ensure compliance with the requirements set forth in this subsection (2), including, without limitation, proper design, construction, sanitary setbacks, depth to water table and soil types.

(3)

Alternate devices. Alternative waste treatment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to subsection (2) of this section, or where otherwise necessary to provide toilet waste disposal for an existing dwelling where a conforming outhouse or on-site sewage treatment system cannot be installed. Such devices shall include incinerating devices, composting devices or small portable holding-tank toilets which are carried to the mainland for disposal in a sanitary sewerage system. Alternative systems shall be subject to review and approval by the city.

(4)

On-site sewage treatments systems required. A complete on-site sewage treatment system, including plumbing fixtures, two sealed septic tanks and underground drainfield designed, constructed and maintained in full conformance with the on-site sewage treatment code, is required on all properties in the RS district as follows:

a.

Serving all structures containing a principal dwelling.

b.

Serving all properties containing two or more dwellings pursuant to a private guest cabin conditional use permit.

c.

Serving all seasonal dwellings over 800 square feet in floor area.

d.

Serving all dwellings, buildings or structures containing a water-activated toilet regardless of the type or duration of use or occupancy.

e.

Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system, including a septic tank and drainfield connected to such fixture drains.

f.

Any existing dwelling, building or structure required by one or more of subsections (4)a through e of this section to be connected to an on-site sewage treatment system, but which is not so connected as of the effective date of the ordinance from which this division is derived, or which has an existing system that does not conform to minimum setbacks or other requirements of this division, shall have a new conforming on-site sewage treatment system installed on or before January 1, 1988.

g.

All other provisions of chapter 5.24, article II, shall apply to on-site sewage treatment in the RS district, including, without limitation, the requirement for construction permits, construction inspection, and regular maintenance inspections, including payment of the standard annual service charge.

(5)

Owner's responsibility. It shall be the responsibility of each property owner to demonstrate that the on-site sanitation device or system in use or existing on his property is in conformance with all requirements of this division and chapter 5.24, article II; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. If unpermitted nonconforming, mislocated, or failing devices or systems shall be found by the city because of complaint and/or routine inspection, correction orders shall be issued by the building official or on-site manager requiring repair, alteration or replacement in strict accordance with the requirements of this division. Failure of any owner to obey such a lawful order shall be cause of the city to initiate legal actions including condemnation of all occupancy of the property pursuant to Minn. Stats. §§ 463.15 through 463.261.

(Code 1984, § 10.31(12); Code 2003, § 78-574)

Within any RS seasonal recreational district, each property owner, occupant or user shall be responsible for packing out and off the islands all garbage, refuse, rubbish, junk, old machinery, parts or debris created or brought onto the island by such person; and for removal of all such materials from all property owned or occupied by such person:

(1)

It is unlawful for any person to discard, dump, bury, deposit, drop, leave or allow to remain any garbage, refuse, rubbish, junk, old machinery, inoperable or dismantled motor vehicle, parts or debris on any property in any RS district.

(2)

It is unlawful for any person to burn any garbage, refuse or rubbish on any property in any RS district; except that paper products free from any food residue may be burned in fireplaces, closed containers or incinerators.

(Code 1984, § 10.31(13); Code 2003, § 78-575)

It is unlawful for any person to start or allow to burn any open fire on any property within any RS district without a permit except for permanent gas or masonry barbeques and as permitted under the Uniform Fire Code.

(Code 1984, § 10.31(14); Code 2003, § 78-576)

No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council.

(Code 1984, § 10.31(15); Code 2003, § 78-577)

The official record lot map and listing is adopted. A copy of the map and listing shall be kept on file at all times with the city clerk.

(Code 2003, § 78-578; Ord. No. 92(3rd series), § 8, 3-26-2012)

An owner of a riparian lot within the Seasonal Recreational (RS) zoning district may only grant an easement over their riparian, RS zoned property to benefit a non-riparian, RS zoned property for lake access purposes.

(Code 2003, § 78-579; Ord. No. 273(3rd series), § 1, 6-13-2022)

This plan is available to land subdividers subject to council approval, as alternative to standard minimum lot size subdivision of land. The purpose of this plan is to enhance the appearance of neighborhoods through preservation of natural open spaces, to counteract the effects of urban congestion and monotony, to provide cohesive structure to neighborhood design, to offer recreation opportunities close to home, and to aid in improving the welfare in general of city residents.

(Code 1984, § 10.32(1); Code 2003, § 78-601)

Landowners may submit land subdivision plans for any R district without adherence to minimum lot size requirements for each building lot, provided that the total number of building lots or dwelling units shall not exceed the number of such lots or units permissible under the minimum lot size requirements of the zoning district or districts in which such land is situated.

(Code 1984, § 10.32(2); Code 2003, § 78-602)

Dwelling units permitted may be, at the discretion of the council and subject to the conditions set forth by the council, in detached, attached or multiple-family dwelling structures, subject to the limitations provided for in each zoning district.

(Code 1984, § 10.32(3); Code 2003, § 78-603)

The dedication, ownership, use and maintenance of open spaces created by the application of a planned residential development shall be subject to conditions deemed necessary by the council to assure the preservation of such open spaces for their intended purposes.

(Code 1984, § 10.32(4); Code 2003, § 78-604)

The dedication and ownership of the open spaces referred to in section 6.12.3040 may be through:

(1)

Homeowners' association;

(2)

Landlord maintenance;

(3)

Special service district;

(4)

Municipal ownership; or

(5)

Any other method deemed appropriate by the council to accomplish the purposes of this plan.

(Code 1984, § 10.32(5); Code 2003, § 78-605)

The proposed site plan, including location, spacing and basic design of proposed buildings, street and parking plans, water and sewer (public or private) plans, and plans of open space available for park or recreational purposes shall be submitted for approval by the planning commission and the council.

(Code 1984, § 10.32(6); Code 2003, § 78-606)

The council may direct that a public hearing be held to review plans governed by this division.

(Code 1984, § 10.32(7); Code 2003, § 78-607)

Final approval of plans governed by this division shall not be granted until all conditions set by the council are met, and, further, the council shall not approve any such planned residential development prior to the legally binding establishment of the open space dedication, ownership and maintenance provisions, such provisions to be guaranteed by bonding or other means satisfactory to the council.

(Code 1984, § 10.32(8); Code 2003, § 78-608)

All provisions of subdivision procedure established by chapter 6.20, except as modified in this division, shall govern applications under this plan.

(Code 1984, § 10.32(9); Code 2003, § 78-609)

The purpose of the RPUD Residential Planned Unit Development District is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000—2020 Orono Community Management Plan (CMP or comprehensive plan). The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept. The RPUD district will encourage the following:

(1)

Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development;

(2)

Provision of housing to meet lifecycle, and affordable and moderate cost housing needs;

(3)

Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses;

(4)

Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees;

(5)

High quality of design and design compatible with surrounding land uses, including both existing and planned;

(6)

Sensitive development in transitional areas located between different land uses and along significant corridors within the city; and

(7)

Development which is consistent with the comprehensive plan.

(Code 2003, § 78-621; Ord. No. 202(2nd series), § 1(1), 2-26-2001)

This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived, unless such application is requested by the property owner and approved by the city council.

(Code 2003, § 78-622; Ord. No. 202(2nd series), § 1(9), 2-26-2001)

Within the RPUD district, no structure or land shall be used except for one or more of the following uses:

(1)

One-family detached dwellings.

(2)

Publicly owned parks and playgrounds.

(3)

Municipal buildings.

(4)

Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan.

(Code 1984, § 10.20(2); Code 2003, § 78-623; Ord. No. 202(2nd series), § 1(2), 2-26-2001)

State Law reference— State mandated permitted uses, Minn. Stats. § 462.357, subd. 7.

Within the RPUD district, no land or structure shall be used for the following uses except by conditional use permit:

(1)

Public service structures. Public service structures, including, but not limited to, electric transmission lines, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division.

(2)

Assisted living facilities. Assisted living facilities as defined in this chapter, subject to the general conditions and multifamily-specific conditions applicable to uses in the RPUD district.

(Code 2003, § 78-624; Ord. No. 202(2nd series), § 1(3), 2-26-2001; Ord. No. 75(3rd series), § 1, 7-12-2010)

Within any RPUD district, the only permitted accessory uses and structures are the following:

(1)

Private garages and parking space.

(2)

Private swimming pools, tennis courts, and paddocks.

(3)

Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 6.12.6810, and the licensing provisions of section 4.04.310, when applicable.

(4)

Signs, as regulated in this chapter.

(5)

Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing.

(6)

Gardening and other horticultural uses, including aviaries and decorative landscape features.

(7)

Communication reception/transmission devices as follows:

a.

Accessory antennas, which shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts, provided they meet the following conditions:

1.

Height. A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level.

2.

Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street.

3.

Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises.

4.

Location. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna.

5.

Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation.

6.

Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

7.

Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city.

8.

Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage.

b.

Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions:

1.

Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet.

2.

Yards. Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard.

3.

Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line.

(8)

Privately owned buildings to be used for recreational or social purposes, or for use as storage areas for maintenance equipment or rubbish.

(9)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 1984, § 10.20(4); Code 2003, § 78-625; Ord. No. 161(2nd series), § 6, 6-7-1997; Ord. No. 202(2nd series), § 1(4), 2-26-2001; Ord. No. 221(2nd series), § 3, 9-23-2002; Ord. No. 106(3rd series), § 12, 6-10-2013)

Within the RPUD district, all development shall be in compliance with the following:

(1)

Minimum area; shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following:

a.

Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community.

b.

The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development.

c.

The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan.

d.

The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district.

No property located within 250 feet of the ordinary high-water level (OHWL) of a protected lake or tributary, as defined in article IX of this chapter, shall be rezoned to RPUD. However, for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met.

(2)

Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review.

(3)

Sewer availability. A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by municipal sewer.

(4)

Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use, the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use.

(5)

Incentives. The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density (only for properties currently zoned and guided for commercial use) and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years.

(6)

Floor area ratio. Floor area ratios (FARs) shall be limited per the following table:

¹  FAR = Total building floor area/total lot area.

Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards.

(7)

Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards:

a.

Setbacks and separation of uses. Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet, except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site. The setback for parking structures, including decks and ramps, shall be 35 feet from local streets and 50 feet from all other street classifications, except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater, when adjacent to residential properties; 35 feet, when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site. Where industrial uses abut developed or platted single-family lots outside the RPUD site, greater exterior building and parking setbacks may be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features, such as roadways and wetlands, which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential, commercial and industrial property outside the RPUD.

b.

Height limitations. For properties guided for residential use in the comprehensive plan, a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories (not including underground parking level) and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be allowed.

c.

Outside storage limitations. Building materials, recreational vehicles, boats, RV's, snowmobiles, and other items of personal property shall not be stored outside within any site used for attached or multifamily uses.

(8)

Development standards for single-family detached dwellings in the RPUD district. Each RPUD site developed for single-family detached dwellings at medium density (i.e., densities ranging from one unit per acre to six units per acre) shall be subject to the following standards:

a.

Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density.

b.

Minimum SFR lot size: 15,000 square feet.

c.

Minimum lot width at the setback line: 90 feet.

d.

Minimum lot depth: 125 feet.

e.

Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arterial streets, as defined in the comprehensive plan.

f.

Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection (8)e of this section. Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district.

g.

Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is less.

h.

Building height: maximum of 30 feet.

i.

All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least 50 percent of their width. All dwelling units, including manufactured homes, shall have a width of at least 20 feet for at least 50 percent of their depth.

j.

All dwellings shall have a permanent foundation in conformance with the state building code.

k.

Accessory structures shall conform to the setbacks established for principal structures, except as follows:

1.

All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way.

2.

No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback.

l.

No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height.

m.

Off-street parking shall be provided for at least two vehicles for each single-family dwelling. A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage.

(9)

More than one building allowed. More than one building may be placed on one platted or recorded lot in a RPUD site.

(10)

Single housing type permitted. Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan.

(11)

Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements.

(12)

Ownership. All property to be included within a RPUD development shall be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan.

(13)

Signage. Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants.

(14)

Landscaping, screening and buffering.

a.

Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet and shall show the following:

1.

Boundary lines of the property with accurate dimensions;

2.

Locations of existing and proposed buildings, parking lots, roads, trails and other improvements;

3.

Proposed grading plan with two-foot contour intervals;

4.

Location, approximate size and common name of existing trees and shrubs;

5.

A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions;

6.

Planting details illustrating proposed locations of all new plant material;

7.

Locations and details of other landscape features, including berms, fences and planter boxes;

8.

Details of restoration of disturbed areas, including areas to be sodded and seeded;

9.

Location and details of irrigation systems; and

10.

Details and cross sections of all required screening.

b.

Minimum landscaping requirements.

1.

All open areas of a lot which are not used or improved for required parking areas, drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table:

Minimum Tree and Shrub Requirements

2.

Credits for existing trees. The city council shall have sole discretion whether credit shall be granted for existing healthy trees. In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this subsection (14)b may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division.

3.

A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan.

4.

All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2 ½ inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 1 ½ inches.

5.

All site areas not covered by buildings, sidewalks, parking lots, driveways, trails, patios, or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state.

6.

In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one- and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas, except areas to be preserved in a natural state.

7.

Not more than 50 percent of the required number of trees shall be composed of one species. The city shall maintain a list of prohibited species, which shall not be used for landscaping.

c.

Interior parking lot landscaping.

1.

All parking lots containing over 100 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted.

2.

Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission.

d.

Maintenance of landscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died, shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions.

e.

Retaining walls. Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect.

f.

Landscaping performance security required. When screening, landscaping or other similar improvements to property are required by this division, a letter of credit shall be supplied by the owner in an amount equal to at least 1 ½ times the value of such screening, landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping. The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping, if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions, which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate.

g.

Screening and buffering.

1.

The following uses shall be screened or buffered in accordance with the requirements of this section:

(i)

Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district.

(ii)

Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones.

(iii)

Loading docks shall be screened from all lot lines and public roads.

(iv)

Trash storage facilities shall be screened from all lot lines and public roads.

(v)

Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods.

2.

Required screening or buffering may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons.

3.

All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway.

4.

Screening or buffering required by this subsection (14) shall be of a height needed to accomplish the goals of this subsection (14). Screening methods incorporating roofs over storage, trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under this subsection (14) shall be measured at the time of installation.

(15)

Architectural standards.

a.

It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings:

1.

Elevations of all sides of the building.

2.

Type and color of exterior building materials.

3.

A typical floor plan.

4.

Dimensions of all structures.

5.

The location of trash and recycling containers and of heating, ventilation and air conditioning equipment.

b.

Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings. The city may, at its discretion, allow architecturally enhanced block or concrete panels.

c.

Accessory buildings shall be architecturally compatible with principal structures.

d.

All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure.

e.

Underground utilities shall be provided for all new and substantially renovated structures (the term "substantially renovated" shall mean when the renovations exceed 30 percent of the prerenovation value of the structure).

(16)

Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or the city as a whole.

(17)

Traffic studies. The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated, the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts. The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation, and necessary improvements to road systems. The developer shall have the responsibility to install all necessary road system improvements.

(18)

Building permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development.

(19)

General regulations applicability. The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city.

(20)

Lighting standards. All RPUD developments shall be subject to the general performance standards for lighting in this chapter.

(21)

Trails. When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights-of-way are available, at the city's discretion the trail may utilize the public right-of-way. Trails shall be of bituminous construction, or such other material as may be approved by the city and shall be not less than eight feet in width.

(Code 2003, § 78-626; Ord. No. 202(2nd series), § 1(5), 2-26-2001; Ord. No. 94(3rd series), § 2, 9-24-2012; Ord. No. 189(3rd series), § 6, 4-10-2017)

(a)

Concept plan review.

(1)

In order to receive guidance in the design of a RPUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this information should include the following:

a.

Approximate building, road and trail locations;

b.

Height, bulk and square footage of buildings;

c.

Type and square footage of specific land uses;

d.

Number of dwelling units;

e.

Generalized grading plan showing areas to be cut, filled and preserved; and

f.

Staging and timing of the development.

(2)

The comments of the planning commission and city council shall address the consistency of the concept plan with this section. The comments of the planning commission and city council shall be for guidance only and, if positive, shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted.

(b)

Master development plan and rezoning.

(1)

Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment. The master development plan shall contain the following:

a.

Building location, height, bulk and square footage;

b.

Type and square footage of specific land uses;

c.

Number of dwelling units;

d.

Detailed street and utility locations and sizes;

e.

Parking layout;

f.

Drainage plan, including location and size of pipes and water storage areas;

g.

Grading plan and drainage plan, including two-foot contours;

h.

Generalized landscape plan;

i.

Generalized plan for uniform signs and lighting;

j.

Plan for timing and phasing of the development;

k.

Covenants or other restrictions proposed for the regulation of the development;

l.

Renderings or elevations of all sides of buildings to be constructed in the first phase of the development;

m.

Trail plan; and

n.

Lighting plan.

(2)

Approval of the master development plan shall indicate approval of the listed items in this subsection and shall occur in conjunction with rezoning of the property to RPUD. After rezoning the property to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section. The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter.

(c)

Development agreement/financial guarantee. Following the approval of the master development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the RPUD development, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of:

(1)

A development contract;

(2)

A site improvement performance agreement; and/or

(3)

Another form of binding instrument as may be required by the city.

(d)

Final site and building plan. Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division. The final site and building plan shall contain information as required by the city, including the following:

(1)

Detailed utility, street, grading and drainage plans;

(2)

Detailed building elevations and floor plans;

(3)

Detailed landscaping, sign and lighting plans; and

(4)

Detailed trail plan.

(e)

Substantial compliance.

(1)

The final site and building plan shall be in substantial compliance with the approved master development plan. Substantial compliance shall mean:

a.

Buildings, parking areas, roads and trails are in substantially the same location as previously approved;

b.

The number of residential living units has not increased or decreased from that approved in the master development plan;

c.

The gross floor area of any individual building has not been increased from that approved in the master development plan;

d.

There has been no increase in the number of stories in any building;

e.

Open space has not been decreased or altered to change its original design or intended use; and

f.

All special conditions required on the master development plan by the city have been incorporated into the final site and building plan.

(2)

Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit, subject to conformance with any conditions on the approval and subject to other necessary approvals by the city.

(f)

Simultaneous review. Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously.

(g)

Basis for approval; conditions.

(1)

In evaluating a site and building plan, the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following:

a.

Compatibility of the proposed plan with this section and consistency with the goals, policies, and objectives of the comprehensive plan and surface water management plan;

b.

Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties;

c.

Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development, giving special attention to:

1.

An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community.

2.

The amount and location of open space and landscaping.

3.

Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking.

d.

Promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading;

e.

Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses; and

f.

Such other factors as the planning commission or city council deem relevant.

(2)

The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section.

(Code 2003, § 78-627; Ord. No. 202(2nd series), § 1(6), 2-26-2001)

(a)

If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or, if within that period no extension of time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved master development plan shall remain the legal control governing development of the property included within the RPUD.

(b)

If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or, if building construction in a phase of a RPUD approved to be built in phases has not started within this period, or, if within that period no extension of the time has been granted, the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning, the approved master development plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD.

(Code 2003, § 78-628; Ord. No. 202(2nd series), § 1(7), 2-26-2001)

(a)

Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD. A major amendment is any amendment which:

(1)

Substantially alters the location of buildings, parking areas or roads;

(2)

Increases or decreases the number of residential dwelling units;

(3)

Increases the gross floor area of any individual building;

(4)

Increases the number of stories of any building;

(5)

Decreases the amount of open space or alters it in such a way as to change its original design or intended use; or

(6)

Creates noncompliance with any special condition attached to the approval of the master development plan.

(b)

Any other amendment may be made through review and approval by a simple majority vote of the council.

(Code 2003, § 78-629; Ord. No. 202(2nd series), § 1(8), 2-26-2001)

The B-1 Retail Sales Business District is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer.

(Code 1984, § 10.40(1); Code 2003, § 78-641)

All site plan reviews in any B-1 Retail Sales Business District shall be reviewed as set forth in article II, division 4 of this chapter.

(Code 1984, § 10.40(2); Code 2003, § 78-642; Ord. No. 68(3rd series), § 4, 2-8-2010)

Within any B-1 Retail Sales Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council:

(1)

Retail and service businesses. The following neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the surrounding neighborhood:

a.

Arts and school supplies store.

b.

Banks and insurance companies.

c.

Barbershops and beauty shops.

d.

Bicycle sales and repair.

e.

Books, magazines, record shop.

f.

Drugs, candy, ice cream, soft drinks, cosmetics and other usual drugstore merchandise.

g.

Dry cleaning and laundry pickup stations, including incidental pressing and repair.

h.

Garden supplies, florist shop.

i.

Gift or antique shops.

j.

Hardware store, paint store.

k.

Hobby shops, camera and photographic supply stores.

l.

Jewelry shops and repair.

m.

Laundromats.

n.

Locksmith.

o.

Music, radio, TV, appliance sales and repair stores.

p.

Newsstands.

q.

Office supply store, office machine store.

r.

Pet shop.

s.

Pipe and tobacco shops.

t.

Plumbing, electrical, heating, housewares, furniture, carpet store.

u.

Postal substation.

v.

Real estate sales.

w.

Retail food of all varieties and home supplies.

x.

Sewing center and yard goods.

y.

Sporting goods store.

z.

Tailor shops.

aa.

Temporary sales, such as Christmas tree lots.

bb.

Travel bureau.

cc.

Variety store.

dd.

Wearing apparel store, shoe store.

ee.

Off-sale liquor store.

ff.

Home and garden equipment rental.

gg.

Massage therapy centers.

hh.

Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors.

(2)

Municipal buildings. Municipal buildings where the use conducted is customarily considered to be an office use.

(Code 1984, § 10.40(3); Code 2003, § 78-643; Ord. No. 152(2nd series), § 1, 10-28-1996; Ord. No. 72(3rd series), § 1, 6-26-2010; Ord. No. 306(3rd series), § 2, 11-12-2024)

Within the B-1 Retail Sales Business District, no structure or land shall be used for one of the following uses without a conditional use permit:

(1)

Garages for the servicing and repair of automobiles, provided repair functions are totally enclosed in a building.

(2)

Motor fuel stations subject to the provisions set forth in section 6.12.6780.

(3)

Restaurant (Class I), in which food is served to customers while seated at counter or table, or cafeteria, in which food is selected by a customer while going through a line and taken to a table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in Class I restaurants.

(4)

Restaurant (Class II), i.e., a fast food, convenience, drive-in, or liquor store restaurant, which is a restaurant where a majority of customers order and are served their food to be consumed at a counter in packages prepared to leave the premises; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor or have live entertainment.

(5)

Off-street parking when the principal site of the off-street parking abuts on a lot which is another B or I district and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in article X, division 5 of this chapter and such other conditions as found necessary by the council.

(6)

Public service structures, including, but not limited to, electric transmission lines and buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered public service structures.

(7)

Day nurseries, provided not less than 50 square feet of outside play area per pupil is available and fenced.

(8)

Professional office and offices of a general nature.

(9)

Commercial recreation subject to the provisions set forth in section 6.12.4190.

(10)

Clinics for human care on an out-patient basis only.

(11)

Dog boarding.

(12)

Dog day care.

(13)

Dog grooming.

(Code 1984, § 10.40(4); Code 2003, § 78-644; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), §§ 1, 2, 2-22-1999; Ord. No. 47(3rd series), § 3, 7-28-2008; Ord. No. 156(3rd series), § 2, 8-10-2015; Ord. No. 160(3rd series), § 1, 11-9-2015)

Within any B-1 Retail Sales Business District, the only permitted accessory uses and structures are the following:

(1)

Private garages, off-street parking and loading spaces, as regulated in this chapter.

(2)

Signs, as regulated in this chapter.

(3)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction.

(4)

Decorative landscape features.

(5)

Fences, as regulated in this chapter.

(6)

Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building.

(7)

Public telephone booths.

(8)

Communication reception/transmission devices.

a.

Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions:

1.

Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level.

2.

Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street.

3.

Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises.

4.

Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna.

5.

Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation.

6.

Lighting protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

7.

Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city.

8.

Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage.

b.

Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and fowlers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions:

1.

Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet.

2.

Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard.

3.

Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line.

(9)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 1984, § 10.40(5); Code 2003, § 78-645; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd series), § 13, 6-10-2013)

(a)

Area. In any B-1 district, the minimum lot size shall be 20,000 square feet.

(b)

Lot width. The minimum lot width shall be 100 feet.

(c)

Front yards. The minimum front yard shall be 20 feet.

(d)

Rear yards. The minimum rear yard shall be 30 feet, a side yard adjacent to any R district shall be 15 feet, and a side yard adjacent to a street shall be ten feet.

(e)

Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, or 35 feet to a side lot line adjacent to a street; except abutting or across the street from an R district, no building shall be less than 35 feet from such lot line.

(f)

Fencing. Wherever a B-1 retail sales business district abuts an R district, along the side or rear lot line, a fence or compact evergreen hedge no less than 50 percent opaque nor less than six feet in height shall be erected along the abutting lines except within the required front yard.

(g)

Building design and construction. In addition to other restrictions of this chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards:

(1)

All exterior wall finishes on any building shall be:

a.

Face brick;

b.

Natural stone;

c.

Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture;

d.

Factory fabricated and finished metal framed panel construction, if the panel materials are of any of those noted in subsections (g)(1)a through c of this section; or

e.

Other materials as may be approved by the council. Combinations of such materials shall be permitted.

(2)

All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance.

(3)

No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings.

(h)

Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage.

(i)

Height. No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710.

(Code 1984, § 10.40(6); Code 2003, § 78-646; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 11, 6-27-2016)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charter boat means a watercraft carrying passengers for hire on Lake Minnetonka and which is required to hold a certificate of registration from the Lake Minnetonka Conservation District.

Marina business means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District.

(Code 1984, § 10.41(2); Code 2003, § 78-661; Ord. No. 132(2nd series), § 2, 1-23-1995)

The B-2 Lakeshore Business District was originally intended to provide areas where limited commercial businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However, many of the operators of the lakeshore businesses have stripped the trees and vegetation from the shorelands and have expanded the operations so that now the B-2 Lakeshore Business District adversely affect the lake water quality and the real estate values of adjoining properties. The purpose of this division is to provide regulation of these businesses in a manner that will ensure protection of adjacent residential properties which have previously suffered from the unregulated expansion of commercial activities, while protecting and enhancing the quality of the lake and shoreland environment.

(Code 1984, § 10.41(1); Code 2003, § 78-662; Ord. No. 132(2nd series), § 2, 1-23-1995)

All site plan reviews in the B-2 Lakeshore Business District shall be reviewed as set forth in article II, division 4 of this chapter.

(Code 1984, § 10.41(4); Code 2003, § 78-664; Ord. No. 132(2nd series), § 2, 1-23-1995; Ord. No. 68(3rd series), § 5, 2-8-2010)

Within the B-2 Lakeshore Business District, no land or structure shall be used except for one or more of the following uses:

(1)

Rental of in-water boat slips.

(2)

Sales of boats, motors, trailers and marine accessories.

(3)

Repair and servicing of boats.

(4)

On-land storage of boats, winter and summer.

(5)

Marine fuel sales.

(6)

Bait and fishing tackle sales.

(Code 1984, § 10.41(5); Code 2003, § 78-665; Ord. No. 132(2nd series), § 2, 1-23-1995)

No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements of this division. All conditional use permit applications shall be reviewed in accordance with the provisions of article V of this chapter. Within any B-2 Lakeshore Business District, no structure or land shall be used for the following uses without a conditional use permit:

(1)

Boat clubs (time share). The applicant shall demonstrate that adequate parking is available on the site.

(2)

Public boat launching, on-demand (on-demand launching of customer-owned boats stored on the business site). The applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to Lake Minnetonka Conservation District (LMCD) permit for such use, but the city shall not be obligated to approve such use if approved by the LMCD when parking is inadequate.

(3)

Public boat launching, transient. (Launching of boats via a ramp or other means for or by customers when such boats are not stored on the site). The applicant shall demonstrate that adequate car-trailer parking is available on the site. Hours of operation shall be at council discretion.

(4)

Charter boat port of call. A charter boat port of call shall be defined as a location where a charter boat may pick up passengers other than the owner or operator or employees of the charter boat, whether or not the charter boat is normally berthed on the property. The city may place appropriate conditions on a charter boat port of call regarding minimum parking requirements, hours of operation, etc., as may be appropriate to protect public interest. The applicant shall demonstrate to the council that all such conditions are met.

(5)

One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the city council.

(Code 1984, § 10.41(7); Code 2003, § 78-666; Ord. No. 132(2nd series), § 2, 1-23-1995)

Within any B-2 Lakeshore Business District, the only permitted accessory uses and structures are the following:

(1)

Signs, as regulated in this chapter.

(2)

Boat head pumpout/sanitary boat waste dumping facility.

(3)

Fishing tournaments, subject to all other permit requirements of this Code.

(4)

Sale of prepackaged foods or food from vending machines. Prepackaged food includes only food which has been professionally prepared at a location other than on the premises and does not include full-course meals or any food preparation other than warming by use of an infrared or microwave oven. Sale of food from vending machines is allowed.

(5)

Dive shops.

(6)

Clubhouse (assembly/lounge/kitchenette area for use by slip rental or boat club customers only).

(7)

Lessons/teaching (sailing schools, etc.).

(8)

Rental of boats.

(9)

Sailboard sales/rental.

(10)

Ice boating sales/rental/service and operations base.

(11)

Ice fishing tackle sales.

(12)

Cross-country ski sales/rental/service.

(13)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 1984, § 10.41(6); Code 2003, § 78-667; Ord. No. 132(2nd series), § 2, 1-23-1995; Ord. No. 106(3rd series), § 14, 6-10-2013)

Within the B-2 Lakeshore Business District, the off-street parking facilities shall be sufficient to eliminate any traffic or parking congestion likely to be caused by the business conducted. The parking areas need not be paved but shall be provided with appropriate stormwater runoff quality/quantity controls as may be required in this division. The minimum parking requirements shall be as follows:

(1)

Six parking spaces shall be provided for each ten boat slips on water or on land.

(2)

At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 feet, including warehousing, and all outside sales and storage areas related to the sales and service functions.

(3)

If the proposed use is to include the launching of boats owned by the public for the day from trailers (i.e., public boat launching, transient), ten additional auto-trailer parking spaces shall be provided for each ramp.

(4)

If the proposed use is to include a charter boat port of call, one additional parking space for each three seats of gross charter capacity shall be provided, or a plan for off-site parking and shuttle service shall be provided to the city subject to council approval.

(5)

The required parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor space or ramp they are designed to serve.

(6)

Required off-street parking space may not be utilized for open storage of goods or for the storage of boats; except that during the winter storage season each year, the required off-street parking may be used for winter storage of boats, provided that 20 percent of the required parking spaces remain as a functional parking area. During the transition seasons (April 15 to May 31 and September 16 to November 15), adequate parking shall be maintained on the site, sufficient to eliminate traffic or parking congestion; but in no case shall parking be reduced to less than 20 percent of the required spaces.

(7)

Parking may not be allowed in any required yard or landscaping area.

(8)

Employee parking spaces shall be in addition to the parking spaces required in subsections (1) through (7) of this section. The number of employee parking spaces shall be designated on an official parking plan to be kept on file with the city.

(9)

Where these minimum parking requirements prove to be inadequate for a given use, additional parking may be required in order to continue that use.

(Code 1984, § 10.41(8); Code 2003, § 78-668; Ord. No. 132(2nd series), § 2, 1-23-1995)

The minimum required yard areas for the B-2 district shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with a detailed landscape plan. Storage of boats, vehicles, equipment and materials shall not be allowed within any required yard.

(Code 1984, § 10.41(9); Code 2003, § 78-669; Ord. No. 132(2nd series), § 2, 1-23-1995)

In addition to the landscaping required in the required yard areas for the B-2 district, the following landscaping areas shall be landscaped in accordance with the following provisions:

(1)

The minimum landscaping areas shall be as follows:

a.

The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to ten percent of the average lot depth, but in no case shall it be less than ten feet nor more than 75 feet. Breaks in the landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for each marina operation.

b.

Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard landscaping area and shall not be less than ten feet deep.

c.

Front yard landscaping area shall be an area that is parallel to the street or opposite the lakeshore landscaping area and shall not be less than ten feet deep. Breaks in the landscaping area for access to the public road shall not exceed an aggregate width of 50 feet for each marina operation.

(2)

The detailed landscape plan for each landscaping area shall provide for a natural woods area containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not less than two feet in height shall be interdispersed among the trees so as to eventually provide, at maturity, a natural screen that will not be less than 50 percent opaque during the summer months. No uses shall be allowed in the landscaping area except the required landscaping and access roads. A privacy fence may be required in addition to the natural landscaping which has been planted to meet the requirements of this district. The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition.

(3)

All the required improvements in the landscaping will be completed prior to the date of issuance of an occupancy certificate or as otherwise provided by this division, whichever date occurs first.

(4)

All landscape areas shall be sufficiently delineated by berming, curbing or other acceptable physical barrier so as to eliminate the encroachment of vehicle parking, winter and summer boat storage, and other materials or equipment storage into the required landscape areas.

(5)

All ground cover in the required landscaping areas shall be natural living materials, such as grass or other planted ground cover. Decorative rock beds and the like, whether or not lined with plastic, fabric or other weed inhibitors, shall constitute no more than ten percent of the required landscape areas.

(Code 1984, § 10.41(10); Code 2003, § 78-670; Ord. No. 132(2nd series), § 2, 1-23-1995)

Within the B-2 Lakeshore Business District, any land use must meet the following performance standards:

(1)

Suitable sanitary facilities connected to public sanitary sewer shall be provided on the premises for men and women, and, further, suitable facilities shall be provided for the disposal of wastes accumulated in boats docked or serviced at the marina, including head pumpout facilities and a designated porta-potty dump station.

(2)

Insofar as practicable, all means of access to the operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over streets that primarily serve abutting residential areas. All access roads from the operation to any public paved roadway shall be paved for a distance of at least 30 feet adjacent to the public roadway to minimize dust and noise conditions. All access roads from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to the extent the unpaved public roadway is dust controlled.

(3)

All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway.

(4)

The hours for running engines or operating any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 a.m. and 6:00 p.m. Noise shall be limited per the provisions of this chapter.

(5)

The maximum hours of operation for retail sales and service functions shall be 7:00 a.m. to 10:00 p.m., except as necessary to support normal (nontournament) fishing activity or private (noncharter) use of the boats stored on the premises, unless other permission is specifically granted by the council.

(6)

Persons in charge shall at all times keep the docks, sea walls and premises in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds.

(7)

Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse or debris into waterway. Persons in charge of mooring areas shall provide garbage cans of sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to not be visible off-site.

(8)

No commercial docks or boat buoys shall extend further into the waters of any lake than is reasonably necessary to accommodate the docking and mooring of such craft as shall customarily and lawfully be used on the lake or so as to interfere with, obstruct, tend to obstruct, or render dangerous for use or passage a body of water within the primary harbor limits of the city. The length of docks and the location of buoys shall be regulated by this Code. All such commercial docks and wharves shall be constructed and maintained of such materials and of such type of construction as will not render them unsafe or likely to endanger public enjoyment of the waters. The use of nonencased expanded-bead polystyrene foam as a dock flotation material has been prohibited. Commercial docks shall be maintained in a neat and orderly manner at all times.

(9)

If on-land boat storage facilities are provided, the boats shall be stored in such manner that they do not create a fire hazard. Any outside structures for the purpose of storage of boats may not exceed 15 feet in height. On-land boat storage areas may not be located in the required yards or landscaping areas. The premises shall at all times be maintained in a neat and orderly manner.

(10)

Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as may be required by the council, and as required in chapter 5.08, article II. Such tanks or containers shall be stored in such a manner and location so as not to create a danger to the community.

(11)

On-land boat density shall be as follows:

a.

Summer boat density. The number of boats stored on the premises for any and all reasons shall not exceed that number which can be safely stored in allowable locations while maintaining appropriate ingress, egress and emergency access to the site, as well as maintaining the required number of acceptable parking spaces. Boats shall not be stored in required auto parking spaces during the summer months (June 1 through September 15).

b.

Winter boat density/storage. The number of boats stored on the premises for any and all reasons during the winter season (November 16 through April 14) shall not exceed that number which can be safely stored in allowable locations while maintaining ingress, egress and emergency access to the site, as well as maintaining the required number of winter parking spaces.

c.

A site plan designating the location of summer and winter boat storage shall be submitted for council approval no later than three months after January 23, 1995, and shall require council approval for any future revisions.

(Code 1984, § 10.41(11); Code 2003, § 78-671; Ord. No. 132(2nd series), § 2, 1-23-1995)

(a)

Height. No structure or building in any B-1 district shall exceed 30 feet in height.

(b)

Minimum requirements. The following minimum requirements shall be observed:

(1)

Lot area: two acres.

(2)

Lot width parallel to lake: 200 feet.

(3)

Lot width perpendicular to lakeshore: 200 feet.

(4)

Lakeshore yard: 75 feet.

(5)

Side yard: ten feet.

(6)

Front yard along street: 30 feet.

(Code 1984, § 10.41(12); Code 2003, § 78-672; Ord. No. 132(2nd series), § 2, 1-23-1995; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 12, 6-27-2016)

All property in the B-2 Lakeshore Business District is subject to the requirements of article IX of this chapter. In addition, the following standards shall apply:

(1)

Lakeshore setback regulations. The building setback from the shoreline shall be 75 feet.

(2)

Setback to residential. No operation or activities except for storage and parking may be conducted closer than 50 feet to the boundary of an adjoining property line which property is used for residential purposes.

(3)

Setback along streets. No operation or activities except for storage and parking may be conducted closer than 50 feet to the right-of-way of any existing street, road or highway.

(4)

Lakeshore hard cover regulations. Within 75 feet of the shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover.

(5)

Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council. Tree removal and other vegetation management shall be in accordance with the ordinance.

(Code 1984, § 10.41(13); Code 2003, § 78-673; Ord. No. 132(2nd series), § 2, 1-23-1995)

No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant any time a new use is applied for, whether through subdivision, variance, conditional use permit or building permit. Such plans shall be provided in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such stormwater runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Construction of facilities to manage the quantity and quality of stormwater runoff may be required. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and articles VIII and IX of this chapter, and shall be consistent with other applicable regulations or provisions of this Code, and is further subject to the approval of other agencies having jurisdiction over the area affected by the drainage.

(Code 1984, § 10.41(14); Code 2003, § 78-674; Ord. No. 132(2nd series), § 2, 1-23-1995)

Notwithstanding any other provision of this division, any nonconforming use of land not involving a structure and any nonconforming use involving a structure with an assessor's fair market value on January 1, 1975, of $3,000.00 shall be allowed to continue as a nonconforming use subject to the provisions as set forth in article II, division 2 of this chapter.

(Code 1984, § 10.41(15); Code 2003, § 78-675; Ord. No. 132(2nd series), § 2, 1-23-1995)

(a)

Variances may be granted to the provisions of this division in accordance with the provisions set forth in article II, division 3, subdivision II of this chapter.

(b)

The council may grant a variance allowing a four-year installation and planting period to meet the requirements of the landscaping and planting provisions of this division to any applicant who:

(1)

Submits a detailed landscape plan showing sufficient planting and landscaping in each of the four years in order to provide at the end of the four years a natural screen that will not be less than 50 percent opaque during the summer months and not less than 25 percent opaque in winter.

(2)

Submits a four-year planting and landscaping plan which shall provide that in each year of the plan at least 25 percent of the necessary landscaping and planting (as determined by the council as of May 1, 1995) be planned and completed for each required landscaping area according to the other provisions of this division. The council may vary this requirement in order to allow a higher percentage of the landscaping and planting in any required landscaping area and credit the applicant for the landscaping and planting which otherwise would be required in other landscaping areas.

(Code 1984, § 10.41(16); Code 2003, § 78-676; Ord. No. 132(2nd series), § 2(10.41(16), 10.41(17)), 1-23-1995)

The city adopts by reference and makes a part of this chapter as if fully set forth in this division, chapter II of the Lake Minnetonka Conservation District Code as codified on May 27, 1988, including sections 2.001 through 2.12 and subsequent amendments. The city expressly reserves the right to deny any variance to the provisions of chapter II as amended, even though the same variance was granted by the Lake Minnetonka Conservation District.

(Code 2003, § 78-677; Ord. No. 132(2nd series), § 2(10.41(18)), 1-23-1995)

This division is expressly conditioned upon the effectiveness of the ordinances of the Lake Minnetonka Conservation District pertaining to marina regulations; and if all or a portion of such ordinances are declared invalid by a court of competent jurisdiction, no marina shall have a longer dock, more boat slips or more boat buoys than what was permitted by the terms of that ordinance on the date it was declared invalid, or than was last approved by the Lake Minnetonka Conservation District, whichever is less. The city expressly reserves the power to be more restrictive in its regulation than the Lake Minnetonka Conservation District Ordinances if the public health, safety and welfare of the citizens of the city so requires.

(Code 2003, § 78-678; Ord. No. 132(2nd series), § 2(10.41(19)), 1-23-1995)

The B-3 Shopping Center Business District is intended to establish provisions for the designating of a district where a multiple building retail sales and service facility with integrated design and a coordinated physical plan, appropriately located, may be erected. Such district shall be developed as a unit according to an approved plan as provided in this division. The district shall have immediate access to adequate highways and public sanitary sewer.

(Code 1984, § 10.42(1); Code 2003, § 78-701)

All site reviews in the B-3 Shopping Center Business District shall be reviewed as set forth in article II, division 4 of this chapter, except that for those site plans subject to council review.

(Code 1984, § 10.42(2); Code 2003, § 78-702; Ord. No. 68(3rd series), § 6, 2-8-2010)

In order that the purpose of the B-3 district may be realized, the land and buildings and appurtenant facilities shall be in single ownership or under the management or supervision of a central authority.

(Code 1984, § 10.42(2); Code 2003, § 78-703)

Within the B-3 Shopping Center Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council:

(1)

Retail and service businesses. The following neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in the surrounding neighborhood:

a.

Arts and school supplies store.

b.

Banks and insurance companies.

c.

Barbershops and beauty shops.

d.

Bicycle sales and repair.

e.

Books, magazines, record shop.

f.

Drugs, candy, ice cream, soft drinks, cosmetics and other usual drugstore merchandise.

g.

Dry cleaning and laundry pickup stations, including incidental pressing and repair.

h.

Garden supplies, florist shop.

i.

Gift or antique shops.

j.

Hardware store, paint store.

k.

Hobby shops, camera and photographic supply stores.

l.

Jewelry shops and repair.

m.

Laundromats.

n.

Locksmith.

o.

Music, radio, TV, appliance sales and repair stores.

p.

Newsstands.

q.

Office supply store, office machine store.

r.

Pet shop.

s.

Pipe and tobacco shops.

t.

Plumbing, electrical, heating, housewares, furniture, carpet store.

u.

Postal substation.

v.

Real estate sales.

w.

Retail food of all varieties and home supplies.

x.

Sewing center and yard goods.

y.

Sporting goods store.

z.

Tailor shops.

aa.

Temporary sales, such as Christmas tree lots.

bb.

Travel bureau.

cc.

Variety store.

dd.

Wearing apparel store, shoe store.

ee.

Off-sale liquor store.

ff.

Home and garden equipment rental.

gg.

Massage therapy centers.

hh.

Clinics for human care on an out-patient basis only.

ii.

Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility; or an attraction within a public park that is regularly used by minors.

(2)

Municipal buildings. Municipal buildings where the use conducted is customarily considered to be an office use.

(Code 1984, §§ 10.40(3), 10.42(4); Code 2003, § 78-704; Ord. No. 152(2nd series), § 1, 10-28-1996; Ord. No. 72(3rd series), § 2, 6-26-2010; Ord. No. 156(3rd series), § 3, 8-10-2015; Ord. No. 306(3rd series), § 3, 11-12-2024)

Within any B-3 Shopping Center Business District, no structure or land shall be used for one of the following uses without a conditional use permit:

(1)

Garages for the servicing and repair of automobiles, provided repair functions are totally enclosed in a building.

(2)

Motor fuel stations, subject to the provisions set forth in section 6.12.6780.

(3)

Restaurant (Class I), in which food is served to customers while seated at counter or table, and cafeteria, in which food is selected by a customer while going through a line and taken to a table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in Class I restaurants.

(4)

Off-street parking when the principal site of the off-street parking abuts on a lot which is in another B or I district, and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in article X, division 5 of this chapter and such other conditions as found necessary by the council.

(5)

Public service structures, including, but not limited to, electric transmission lines and buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered public service structures.

(6)

Day nurseries, provided not less than 50 square feet of outside play area per pupil is available and fenced.

(7)

Professional office and offices of a general nature.

(8)

Shopping center identification sign.

(Code 1984, §§ 10.40(4), 10.42(5); Code 2003, § 78-705; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), §§ 1, 2, 2-22-1999)

Within any B-3 Shopping Center Business District, the only permitted accessory uses and structures are the following:

(1)

Private garages, off-street parking and loading spaces as regulated in this chapter.

(2)

Signs, as regulated in this chapter.

(3)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction.

(4)

Decorative landscape features.

(5)

Fences, as regulated in this chapter.

(6)

Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building.

(7)

Public telephone booths.

(8)

Communication reception/transmission devices.

a.

Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions:

1.

Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level.

2.

Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street.

3.

Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises.

4.

Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna.

5.

Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation.

6.

Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

7.

Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city.

8.

Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage.

b.

Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions:

1.

Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet.

2.

Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard.

3.

Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line.

(9)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 1984, §§ 10.40(5), 10.42(6); Code 2003, § 78-706; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd series), § 15, 6-10-2013)

(a)

Area. The minimum lot size in the B-3 district shall be two acres.

(b)

Floor area ratio. A 0.28 FAR will be required so that the gross leasable area shall not exceed 28 percent of the total land area available.

(c)

Open spaces. The physical design may include more than one building; however, should such building provide an open space between two buildings, that space shall be not less than half the sum of the heights of the two buildings.

(d)

Front yards. The minimum front yard shall be 20 feet.

(e)

Rear yards. The minimum rear yard shall be 30 feet.

(f)

Side yards. The minimum side yard shall be five feet. Side yards adjacent to an R district shall be 15 feet; side yards adjacent to a street shall be 20 feet.

(g)

Setback requirements. No building shall be nearer than 60 feet to any lot line; except when abutting or across the street from an R district, no building shall be less than 100 feet from such lot line.

(h)

Landscaping. The entire area shall be landscaped, occupied by buildings or structures or parking areas so treated as to control dust. Should the development be undertaken in stages, all of the area required to conform to that portion undertaken shall be developed to meet the preceding requirements. A minimum of 12 percent of the entire area shall be devoted to green space.

(i)

Drives. The design shall include adequate internal circulation drives not less than 22 feet in width which are exclusive of the required parking area.

(j)

Curb cuts. The driveway curb cuts to the development shall not exceed 26 feet in width, five feet return curb radii, and be located not less than 60 feet from all intersecting streets.

(k)

Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the surface water management plan and shall be consistent with other applicable regulations and the provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage.

(l)

Fencing. Wherever a B-3 Shopping Center Business District abuts or is across the street from an R district, an adequate fence or compact evergreen hedge not less than 50 percent opaque nor less than six feet in height shall be erected. When adjacent to a street, it shall not be less than three feet nor more than four feet in height.

(m)

Building design and construction. See section 6.12.3260(g).

(n)

Height. No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710.

(Code 1984, § 10.42(7); Code 2003, § 78-707; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 13, 6-27-2016)

The B-4 Office and Professional Business District is intended to provide a district which is related to and may adjoin residential districts or other business districts for the location of administrative office buildings and related offices. The office uses allowed in this district are those in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. The district shall have immediate access to adequate highways and public sanitary sewer.

(Code 1984, § 10.43(1); Code 2003, § 78-731)

All site plan reviews in any B-4 Office and Professional Business District shall be reviewed as set forth in article II, division 4 of this chapter.

(Code 1984, § 10.43(2); Code 2003, § 78-732; Ord. No. 68(3rd series), § 7, 2-8-2010)

Within any B-4 Office and Professional Business District, no structure or land shall be used except for one or more of the following uses:

(1)

Municipal buildings where the use conducted is customarily considered to be an office use.

(2)

Professional offices and offices of a general nature.

(3)

Clinics for human care on an out-patient basis only.

(4)

Banks and insurance offices.

(5)

Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors.

(Code 1984, § 10.43(3); Code 2003, § 78-733; Ord. No. 306(3rd series), § 4, 11-12-2024)

Within the B-4 Office and Professional Business District, no structure or land shall be used for the following uses without a conditional use permit:

(1)

Nursing homes, hospitals, rest homes or retirement homes, provided the site shall contain not less than 600 square feet of lot area for each person to be accommodated and no building is located less than 35 feet from the side lot line.

(2)

Private academies, schools, trade schools, colleges and universities for teaching.

(3)

Research centers.

(4)

Animal hospitals, veterinary clinics or kennels.

(5)

Libraries.

(6)

Museums.

(7)

Historical buildings, museums, art institutes, galleries and playhouses.

(8)

Restaurants (Class I), which are restaurants located within and mainly servicing an office building, providing there is no outside display or advertising of the restaurant use.

(9)

Off-street parking when the principal site of the off-street parking abuts on a lot which is in another B or I district and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in article X, division 5 of this chapter and other such conditions as found necessary by the council.

(10)

Public service structures, including, but not limited to, electric transmission lines and buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless service and commercial broadcasting antennas and towers shall not be considered essential services.

(11)

Religious institutions and facilities, including those related structures located on the same site which are an integral part of the religious institution, and convents or homes for persons related to a religious function on the same site. Religious institutions and facilities shall meet the standards of the B-4 district and shall further meet the following requirements:

a.

All buildings shall meet a setback of 50 feet from lot lines abutting a residentially zoned property.

b.

One parking space shall be provided for each four seats of capacity in the main assembly hall or sanctuary, with additional parking required per the standards of this chapter for other facilities, such as classrooms, licensed day care facilities or offices, when such uses will overlap with the use of the main assembly hall.

c.

If required parking is not provided on site, an off-site parking plan satisfactory to the city council shall be provided.

d.

Parking areas in side or rear yards shall be set back ten feet from residentially zoned property.

e.

If the religious institution property abuts both a local residential street and a collector or arterial roadway, the access shall be onto the collector or arterial.

(Code 1984, § 10.43(4); Code 2003, § 78-734; Ord. No. 161(2nd series), § 9, 6-7-1997; Ord. No. 204(2nd series), § 1, 6-25-2001)

Within any B-4 Office and Professional Business District, the only permitted accessory uses and structures are the following:

(1)

Private garages, off-street parking and loading spaces, as regulated in this chapter.

(2)

Signs, as regulated in this chapter.

(3)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction.

(4)

Decorative landscape features.

(5)

Fences, as regulated in this chapter.

(6)

Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building.

(7)

Public telephone booths.

(8)

Communication reception/transmission devices.

a.

Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions:

1.

Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level.

2.

Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street.

3.

Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises.

4.

Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna.

5.

Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation.

6.

Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

7.

Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city.

8.

Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage.

b.

Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions:

1.

Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet.

2.

Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard.

3.

Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line.

(9)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 1984, §§ 10.40(5), 10.43(5); Code 2003, § 78-735; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd series), § 16, 6-10-2013)

(a)

Area. The minimum lot size in any B-4 district shall be 20,000 square feet.

(b)

Lot width. The minimum lot width shall be 100 feet.

(c)

Front yards. The minimum front yard shall be 20 feet.

(d)

Rear yards. The minimum rear yard shall be 30 feet; and unless the rear yard has access from a public street or alley, a side driveway of 12 feet shall be provided to assure access.

(e)

Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet to any rear lot line, 15 feet to any side lot line, or 35 feet to any side lot line adjacent to a street; except when abutting or across the street from an R district, no building shall be less than 35 feet from such lot line.

(f)

Fencing. Wherever a B-4 office and professional business district abuts an R district along the side or rear lot line, a fence or compact evergreen hedge not less than 50 percent opaque nor less than six feet in height (no less than three feet nor higher than four feet adjacent to street) shall be erected along the abutting lines except within the required front yard.

(g)

Building design and construction. See section 6.12.3260(g).

(h)

Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage.

(i)

Height. No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710.

(Code 1984, § 10.43(6); Code 2003, § 78-736; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 14, 6-27-2016)

The B-5 Limited Neighborhood Business District is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hard cover. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the B-5 district as contemplated in the area in the city known as Navarre, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district, since there is already a traffic problem in Navarre.

(Code 1984, § 10.44(1); Code 2003, § 78-761)

All site reviews in any B-5 Limited Neighborhood Business District shall be reviewed as set forth in article II, division 4 of this chapter.

(Code 1984, § 10.44(2); Code 2003, § 78-762; Ord. No. 68(3rd series), § 8, 2-8-2010)

Within any B-5 Limited Neighborhood Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council:

(1)

Municipal buildings.

(2)

Offices.

(3)

Clinics.

(4)

Art and school supply store.

(5)

Book and magazine store.

(6)

Office supply store.

(7)

Banks, loan company, insurance company, real estate office.

(8)

Barbershop, beauty shop.

(9)

Camera and photograph supply store.

(10)

Locksmith.

(11)

Hobby shop.

(12)

Gift store.

(13)

Glassware and pottery.

(14)

Antique store.

(15)

Jewelry store.

(16)

Watch repair.

(17)

Library.

(18)

Museum.

(19)

Record shop.

(20)

Music store.

(21)

Tobacco shop.

(22)

Galleries.

(23)

Pet shop.

(24)

Massage therapy centers.

(25)

Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors.

(Code 1984, § 10.44(3); Code 2003, § 78-763; Ord. No. 72(3rd series), § 3, 6-26-2010; Ord. No. 306(3rd series), § 5, 11-12-2024)

Within any B-5 Limited Neighborhood Business District, no structure or land shall be used for one of the following uses except by conditional use permit:

(1)

Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store.

(2)

Dry cleaning store.

(3)

Tailor shop.

(4)

Pressing and shoeshine shop.

(5)

Laundry and cleaning pickup stations.

(6)

Veterinary clinic.

(7)

Kennels.

(8)

Coffee or bagel retail stores, subject to the following conditions:

a.

No more than 50 percent of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses.

b.

No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area.

c.

The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking requirement standard for restaurant uses. The applicant shall demonstrate that the total parking needs for the site will be met.

d.

An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats.

(9)

Off-street parking when the principal site of the off-street parking abuts on a lot which is in another B or I district and is in the same ownership as the land in the B or I district, and subject to those conditions as set forth in article X, division 5 of this chapter and other such conditions as found necessary by the council.

(10)

Public service structures, including, but not limited to, electric transmission lines in buildings, such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services.

(11)

Drug store, subject to the following condition: Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. for a drive-through service.

(Code 1984, § 10.44(4); Code 2003, § 78-764; Ord. No. 152(2nd series), § 2, 10-28-1996; Ord. No. 161(2nd series), § 10, 6-7-1997; Ord. No. 170(2nd series), § 1, 3-23-1998; Ord. No. 198(2nd series), § 1, 4-24-2000)

Within any B-5 Limited Neighborhood Business District, the only permitted accessory uses and structures are the following:

(1)

Private garages, off-street parking and loading spaces, as regulated in this chapter.

(2)

Signs, as regulated in this chapter.

(3)

Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction.

(4)

Decorative landscaping features.

(5)

Fences, as regulated in this chapter.

(6)

Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building.

(7)

Public telephone booths.

(8)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 1984, § 10.44(5); Code 2003, § 78-765; Ord. No. 106(3rd series), § 17, 6-10-2013)

(a)

Area. The minimum lot size in any B-5 Limited Neighborhood Business District shall be 20,000 square feet.

(b)

Lot width. The minimum lot width shall be 100 feet.

(c)

Front yards. The minimum front yard shall be 20 feet.

(d)

Rear yards. The minimum rear yard shall be 30 feet, a side yard adjacent to an R district shall be 15 feet, and a side yard adjacent to a street shall be ten feet.

(e)

Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, or 35 feet to any side lot line adjacent to a street; except abutting or across the street from an R district, no building shall be less than 35 feet from such lot line.

(f)

Fencing. Wherever a B-5 Limited Neighborhood Business District abuts an R district, along the side or rear lot line, a fence or compact evergreen hedge no less than 50 percent opaque nor less than six feet in height shall be erected along the abutting lines except within the required front yard.

(g)

Building design and construction. In addition to other restrictions of this chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards:

(1)

All exterior wall finishes on any building shall be:

a.

Face brick;

b.

Natural stone;

c.

Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture;

d.

Factory fabricated and finished metal framed panel construction, if the panel materials are of any of those noted in subsections (g)(1)a through c of this section, or glass; or

e.

Other materials as may be approved by the council.

Combinations of such materials shall be permitted.

(2)

All subsequent additions and outbuildings constructed after the erection of an original building shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance.

(3)

No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings.

(h)

Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage.

(i)

Height. No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710.

(Code 1984, § 10.44(6); Code 2003, § 78-766; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 173(3rd series), § 15, 6-27-2016)

The purpose of the B-6 Highway Commercial District is to provide a commercial district specifically tailored to accomplish the commercial development objectives of the Highway 12 Corridor study section of the comprehensive plan.

(Code 1984, § 10.45(1); Code 2003, § 78-791)

All site reviews in any B-6 Highway Commercial District shall be reviewed as set forth in article II, division 4 of this chapter.

(Code 1984, § 10.45(2); Code 2003, § 78-792; Ord. No. 68(3rd series), § 9, 2-8-2010)

Within any B-6 Highway Commercial District, no structure or land shall be used except for one of the following uses or uses deemed similar by the council:

(1)

Offices (business and professional).

(2)

Banks and financial institutions.

(3)

Libraries.

(4)

Motels, and hotels.

(5)

Cannabis retail businesses located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors.

(Code 1984, § 10.45(3); Code 2003, § 78-793; Ord. No. 152(2nd series), § 3, 10-28-1996; Ord. No. 306(3rd series), § 6, 11-12-2024)

Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 district as the underlying zoning district.

(Code 1984, § 10.45(4); Code 2003, § 78-794; Ord. No. 152(2nd series), § 4, 10-28-1996)

Within any B-6 Highway Commercial District, no structure or land shall be used for one of the following uses without a conditional use permit:

(1)

Restaurants (Class I).

(2)

The following uses when such use includes a drive-through condition:

a.

Offices (business and professional).

b.

Banks and financial institutions.

c.

Libraries.

d.

Motels and hotels.

(Code 2003, § 78-795; Ord. No. 152(2nd series), § 4, 10-28-1996)

Within any B-6 Highway Commercial District, the only permitted accessory uses and structures are the following:

(1)

Private garages, off-street parking and loading spaces, as regulated in this chapter.

(2)

Signs, as regulated in this chapter.

(3)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete the construction.

(4)

Decorative landscape features.

(5)

Fences, as regulated in this chapter.

(6)

Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30 percent of the floor space of the principal building.

(7)

Public telephone booths.

(8)

Communication reception/transmission devices.

a.

Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions:

1.

Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level.

2.

Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street.

3.

Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises.

4.

Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna.

5.

Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation.

6.

Lighting protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

7.

Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city.

8.

Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage.

b.

Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions:

1.

Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet.

2.

Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side or side yard.

3.

Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line.

(9)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 1984, §§ 10.40(5), 10.45(5); Code 2003, § 78-796; Ord. No. 161(2nd series), § 8, 6-7-1997; Ord. No. 183(2nd series), § 3, 2-22-1999; Ord. No. 106(3rd series), § 18, 6-10-2013)

The following minimum requirements shall be observed in any B-6 district, subject to additional requirements and exceptions contained in article VII of this chapter:

(1)

Lot area: two acres.

(2)

Lot width: 100 feet.

(3)

Setback, principal structure:

a.

Front: 30 feet (30 feet or 1 ½ times the building height, whichever is greater, in determining front setbacks for principal and accessory structure only).

b.

Side interior: ten feet.

c.

Side street: 30 feet.

d.

Rear: 30 feet.

(4)

Setback, accessory structure:

a.

Front: 30 feet (30 feet or 1 ½ times the building height, whichever is greater, in determining front setbacks for principal and accessory structure only).

b.

Side interior: ten feet.

c.

Side street: 30 feet.

d.

Rear: 30 feet.

(5)

Setback, parking:

a.

Front: 15 feet.

b.

Side interior: five feet.

c.

Street side: ten feet.

d.

Rear: ten feet.

Setbacks in parentheses apply adjacent to all residential districts.

(6)

No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the surface water management plan and shall be consistent with other applicable regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage.

(7)

No structure or building shall exceed 30 feet in height except as provided in section 6.12.6710.

(8)

Landscaping.

a.

Landscape plan requirements. Landscape plans shall be required for any proposed commercial site and shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet, and shall show the following:

1.

Boundary lines of the property with accurate dimensions;

2.

Locations of existing and proposed buildings, parking lots, roads and other improvements;

3.

Proposed grading plan with two-foot contour intervals;

4.

Location, approximate size and common name of existing trees and shrubs;

5.

A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions;

6.

Planting details illustrating proposed locations of all new plant material;

7.

Locations and details of other landscape features, including berms, fences and planter boxes;

8.

Details of restoration of disturbed areas, including areas to be sodded and seeded;

9.

Location and details of irrigation systems; and

10.

Details and cross sections of all required screening.

_____

b.

Minimum landscaping requirements. All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table:

In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this subsection (8) may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division.

1.

A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan.

2.

All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2 ½ inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 1 ½ inches.

3.

All site areas not covered by buildings, sidewalks, parking lots, driveways, patios, or similar hardcover materials shall be covered with sod or an equivalent ground cover approved by the city. This requirement shall not apply to site areas retained in a natural state.

4.

In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development, except one- and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in a natural state.

5.

Not more than 50 percent of the required number of trees shall be composed of one species. The city shall maintain a list of prohibited species which shall not be used for landscaping.

c.

Interior parking lot landscaping.

1.

All parking lots containing over 150 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 150-stall standard and shall be required by the city when warranted.

2.

Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission.

d.

Maintenance of landscaping. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died, shall be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions.

e.

Retaining walls. Retaining walls exceeding four feet in height, and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect.

f.

Landscaping performance security required. When screening, landscaping or other similar improvements to property are required by this division, a letter of credit shall be supplied by the owner in an amount equal to at least 1 ½ times the value of such screening, landscaping or other improvements. The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements. The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping. The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions, which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate.

g.

Screening and buffering.

1.

The following uses shall be screened or buffered in accordance with the requirements of this section:

(i)

Principal buildings and structures and any building or structure accessory thereto located in the B-6 zone shall be buffered from residential lots located in any R district.

(ii)

Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones.

(iii)

External loading and service areas must be completely screened from the ground-level view from contiguous residential or commercial properties and adjacent streets, except at access points.

(iv)

All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties.

(v)

The ground-level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets, or designed to be compatible with the architectural treatment of the principal structure.

(vi)

The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows.

2.

Required screening or buffering may be achieved with fences, walls, earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons.

3.

All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway.

4.

Screening or buffering required by this subsection (8) shall be of a height needed to accomplish the goals of this subsection (8). Screening methods incorporating roofs over storage, trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under this subsection (8) shall be measured at the time of installation.

(9)

Architectural standards.

a.

It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures in the B-6 district:

1.

Elevations of all sides of the building.

2.

Type and color of exterior building materials.

3.

A typical floor plan.

4.

Dimensions of all structures.

5.

The location of trash and recycling containers and of heating, ventilation and air conditioning equipment.

b.

Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for principal and accessory buildings. This restriction shall apply to all principal structures and to all accessory buildings. The city may, at its discretion, allow architecturally enhanced block or concrete panels.

c.

Accessory buildings shall be architecturally compatible with principal structures. Accessory structures for trash and trash handling equipment shall be constructed of the same building material as the principal structure and be readily served through swinging doors.

d.

All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to not be visible with materials compatible with the principal structure.

e.

Underground utilities shall be provided for all new and substantially renovated structures (the term "substantially renovated" shall mean when the renovations exceed 30 percent of the prerenovation value of the structure).

(Code 1984, § 10.45(6); Code 2003, § 78-777; Ord. No. 201(2nd series), § 1, 2-12-2001; Ord. No. 18(3rd series), § 3, 9-27-2004; Ord. No. 94(3rd series), § 3, 9-24-2012; Ord. No. 173(3rd series), § 16, 6-27-2016)

(a)

General provisions. The purpose of the I Industrial District is to permit and encourage the development of high quality industrial uses which are compatible with the aesthetic character of the city and to encourage the development of such industries that are able and willing to achieve superior standards of design and environmental protection. To this end, the city may find that improvements are required to a particular site which are greater than the minimum standards found as part of this district.

(b)

Site plan review. All site reviews in any I Industrial District shall be reviewed as set forth in article II, division 4 of this chapter.

(c)

Determination of use. Whenever a proposed use is not clearly defined as to its inclusion in the list of permitted, conditional, or accessory uses in this district, the zoning administrator shall make a determination. The zoning administrator may refer the item to the city council for a final determination, if desired.

(d)

Certificate of occupancy. Prior to occupancy of any building or premises within the I Industrial District for which a building permit has been obtained, the applicant shall obtain a certificate of occupancy. As a part of this certificate, the applicant shall be required to demonstrate compliance with all of the terms of this division.

(e)

Existing land uses.

(1)

Any building or use that does not conform to the requirements of this division, existing prior to the passage of this division, shall be allowed to continue to operate in the same manner and to the same extent, subject to the requirements of article II, division 2 of this chapter related to nonconforming uses and related matters.

(2)

Where such changes increase the total usable floor area of an existing nonconforming building by less than 25 percent, a property owner may maintain the existing building in its nonconforming state. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. Such changes or additions may be made to coordinate with the existing building materials and design without meeting the requirements of this division. The 25 percent threshold shall be measured cumulatively from the date of the adoption of the ordinance from which this division is derived, and shall not be exceeded without applying the requirements of subsection (e)(3) of this section.

(3)

Where such changes increase the total usable floor area of an existing nonconforming building by 25 percent or more, the property owner shall be required to bring the building and property into full conformance with this division. The requirements for bringing improvements into conformance shall also be applied to legal, nonconforming site improvements such as parking lots and landscaping. The 25 percent threshold shall be measured cumulatively from the date of the adoption of this division.

(f)

All buildings in I district required to be on platted lots. All changes to lot configuration shall require platting in accordance with chapter 6.20. No lot identified in whole or in part by a metes and bounds description shall be eligible for a building permit until a final plat has been approved and recorded for said lot.

(Code 2003, § 78-821; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 68(3rd series), § 10, 2-8-2010)

The following are permitted uses within the I Industrial District:

(1)

Automobile and truck painting, major repair, body and fender work, upholstering tire recapping and wholesale/fleet sales, but shall not include retail when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within a fenced area.

(2)

Cabinet and carpentry shops, lumberyards millworks, electrical, plumbing and heating and air conditioning shop.

(3)

Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the environment. These shall include the following: manufacturing, compounding, assembly, packaging, treatment or storage of products and materials. Expressly prohibited activities shall include the stockpiling and recycling of aggregate materials or supplies of more than 25 cubic yards.

(4)

Office.

(5)

Office; showroom.

(6)

Office; warehouse.

(7)

Medical, dental and optical laboratories.

(8)

Research laboratories.

(9)

Inside storage or warehousing.

(10)

Governmental and public utility buildings and structures.

(11)

Essential services.

(12)

Cannabis producers located not closer than 1,000 feet of a school or 500 feet of a day care, a residential treatment facility, or an attraction within a public park that is regularly used by minors.

(Code 2003, § 78-822; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 306(3rd series), § 7, 11-12-2024)

(a)

General provisions. Within the I Industrial District, no structure or land shall be used for one or more of the following uses without approval of a conditional use permit. The following are conditional uses in the I Industrial District:

(1)

Open and outdoor storage as an accessory use, provide that:

a.

The open storage area is screened and landscaped from adjacent residential uses and public right-of-way.

b.

The open outdoor storage area is surfaced with concrete or bituminous.

c.

The open outdoor storage area shall not be within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be setback five feet from all side and rear lot lines and shall not be located within a utility or drainage easement.

d.

The open outdoor storage area shall not utilize any required off-street parking, loading areas, or access space.

e.

The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases, or wastes.

f.

The property owner shall keep all outdoor storage areas free of refuse, trash, debris, weeds, and waste fill.

(2)

Commercial and public radio and television transmitting antennas, and public utility microwave antennas.

(3)

Commercial, private, and public satellite dish transmitting or receiving antennas in excess of two meters in diameter.

(4)

Accessory, enclosed service activity other than allowed by a permitted use within the I-Industrial District.

(5)

Day care centers.

(6)

Trucking operations, but not distribution centers.

(7)

Trade schools.

(8)

Warehouse conversion to mini-storage.

(9)

Wholesale showrooms.

(10)

Deferment of parking.

(11)

Garage condos, provided that:

a.

No exterior parking or storage is permitted for a period longer than 24 hours.

b.

The premises shall not be used or customized for residential living purposes or community gatherings or events.

c.

The premises shall not be used for the operation of a business or for retail purposes including, but not limited to, automobile repair. This does not prohibit minor maintenance, care, or upkeep of motor vehicles, boats, trailers, or recreational vehicles stored in individual units.

d.

The management, use, and customization of the garage condos, including common areas, and individual units, shall be governed by an association, whose rules shall place adequate controls to ensure compliance with applicable city Code.

e.

The premises shall maintain adequate access to individual units and any common areas or office space for emergency response and snow removal/storage.

f.

The premises shall contain sufficient lighting and/or security measures to deter or mitigate criminal activity and ensure adequate access for emergency response.

g.

Any individual unit that is connected to the city sewer and water system shall have individual meters.

h.

Off-street parking is required, as follows:

1.

A minimum of one exterior parking stall shall be provided for each unit with a footprint less than or equal to 200 square feet.

2.

A minimum of two exterior parking stalls shall be provided for each unit with a footprint exceeding 200 square feet in size.

i.

All principal and accessory buildings shall be separated by a 60-foot minimum setback from other buildings.

j.

An unobstructed, striped drive aisle, minimum 12 feet wide, shall be provided for vehicle access throughout the site.

k.

A parking and maneuverability plan demonstrating vehicle accessibility, emergency access, and adequate snow storage areas within the site shall be provided.

(b)

Required conditions and policies of a conditional use permit. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. In determining whether to approve or deny a conditional use permit, the city council and planning commission shall find that the conditional use permit complies with the following criteria:

(1)

Comprehensive plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan of the city.

(2)

Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses.

(3)

Performance standards. The proposed use conforms with all applicable performance standards contained in this division.

(4)

No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed.

(5)

Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas.

(6)

Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the city, the planning commission and city council may give weight to the sociological impact of proposed use, both positive and negative.

(Code 2003, § 78-823; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 310(3rd series), § 2, 12-9-2024; Ord. No. 314, § 1, 7-14-2025)

Within an I Industrial District, the only permitted accessory uses and structures are the following:

(1)

Fences.

(2)

Landscaping and decorative features.

(3)

Off-street loading.

(4)

Off-street parking.

(5)

Signs.

(6)

Mechanical and utility equipment, provided such equipment does not occupy a required yard adjacent to a street, and is fully screened from view of the public right-of-way.

(7)

Telecommunication reception/transmission devices.

a.

Accessory antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory antennas that are accessory to the principal use of the property are permitted accessory uses in all zoning districts, provided they meet the following conditions:

1.

Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level.

2.

Yards. Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street.

3.

Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessory antenna may be placed on the roof of any authorized structure on the premises.

4.

Setback. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna.

5.

Building permits. A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The building official must approve the plans before installation.

6.

Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.

7.

Electrical code. Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city.

8.

Color/content. Accessory antennas shall be of a neutral color and shall not be used as signage.

b.

Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions:

1.

Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the total height of the antenna and tower shall not exceed 65 feet.

2.

Yards. Amateur shortwave radio antennas and towers shall not be located within a front, corner side, or side yard.

3.

Setbacks. Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line.

(8)

Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district.

(Code 2003, § 78-824; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 106(3rd series), § 19, 6-10-2013)

(a)

Within an I Industrial District, the following requirements shall apply:

(1)

Minimum lot requirements: 40,000 square feet.

(2)

Minimum building area: 10,000 square feet.

(3)

Lot width: 200 feet.

(4)

Building setbacks (principal and accessory):

a.

Front yard setback: 35 feet.

b.

Side yard setback, abutting a major street: 35 feet. This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road.

c.

Side yard setback, abutting a minor street: 20 feet. This setback applies to side yards adjacent to all other roads, public or private, within the I Industrial District.

d.

Side yard setback, interior: ten feet.

e.

Rear yard setback: 20 feet.

(5)

Building height: No structure or building shall exceed 40 feet in height except as provided in section 6.12.6710.

(6)

Lot coverage: Not more than 35 percent of parcels of three acres or less may be covered by buildings or structures.

(b)

Not more than 45 percent of parcels may be covered by buildings or other structures; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent will be permitted.

(Code 2003, § 78-825; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 94(3rd series), § 4, 9-24-2012; Ord. No. 173(3rd series), § 17, 6-27-2016)

In addition to other restrictions of this chapter, the use, construction, alteration or enlargements to any buildings or structure within this district shall meet the following standards:

(1)

Rooftop equipment. Rooftop equipment shall be screened from view from the ground at the property line with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the walls of the building. Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground.

(2)

Form, scale and proportion. The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.

(3)

Unusual buildings. The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony shall be avoided.

(4)

Mass and voids. The rhythm of structural mass to voids, such as windows and glass doors, of a front façade should relate to the rhythms established in adjacent buildings.

(5)

Long façades. Where large structures with overly-long façades (walls) are proposed, such as warehouses, building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features.

(6)

Architectural design. Architectural design should create harmony through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged.

(7)

Monotony. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.

(8)

Roofs. Careful consideration of durable materials, proportions and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important.

(9)

Materials. Use of substantial amounts of high quality masonry materials (face brick, stucco, stone) is encouraged. Buildings shall be constructed with no less than 67 percent of these materials, excluding window and door areas. Architectural concrete panels and rock faced concrete block may comprise a maximum of 33 percent of the exterior materials used on the building. The 67 percent threshold may be reduced, or the 33 percent threshold exceeded, only by conditional use permit for alternative materials. The city council shall consider the architectural quality and whether the proposed building exceeds the various requirements of this section in deciding whether or not to grant a conditional use permit for alternative materials. The use of aluminum siding, metal ribbed panels and extensive mirrored glass surfaces is discouraged except as accent materials. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood.

(10)

Design uniformity. Architectural treatments (e.g., building materials, colors, façade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets and use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g., the need for truck access on one side and pedestrian access on another).

(Code 2003, § 78-826; Ord. No. 32(3rd series), § 2, 3-27-2006)

(a)

General provisions. If any increase in the size, or changes in the uses, of such an existing principal use is made beyond the size or for other than the uses above allowed, then additional off-street parking spaces shall be provided pursuant to this section, but only for the additional spaces resulting from the increase in size or changes in uses.

(b)

Number of uses. The required number of off-street parking spaces shall be located on the same lot as the principal use or on an adjacent lot under the control of the owner of the principal use. For purposes hereof, control may be derived from ownership or by lease or easement continuing for a period of not less than 25 years. In the alternative, the city council may approve off-site parking for a period coterminous with the building lease. The required parking spaces shall not be separated from the principal use building by a street. Seventy-five percent of all required spaces shall be located within 500 feet of the entrances to the principal use building and 100 percent shall be within 1,000 feet.

(c)

Setbacks.

(1)

Exposed parking spaces or drive aisles (except that portion of the driveway crossing the public right-of-way to give access to the street) shall be located within the following setbacks:

a.

Major street ^: 20 feet. This setback applies to side yards adjacent to Wayzata Boulevard and Old Crystal Bay Road.

b.

Minor street ^: ten feet. This setback applies to side yards adjacent to all other roads, public or private, within the I Industrial District.

c.

Rear lot line ^: ten feet. Within adjoining industrial developments, private access, truck circulation area, and undivided parking areas may be permitted, provided that each individual parcel meets all other district requirements.

d.

Interior side lot line: ten feet.

(2)

Parking, truck circulation area, and drive aisles shall be set back a minimum of ten feet from all buildings to provide a space for landscaping and sidewalks. Parking, truck circulation, and drive aisles may be located directly adjacent to buildings in rear and side yards which do not abut public streets, and where the property owner demonstrates that the proposed parking area will be fully screened from view of the public right-of-way.

(d)

Required parking.

(1)

Automobile service centers: one space for each 400 square feet of leasable area, plus one space for each employee on the maximum work shift.

(2)

Offices, medical and dental laboratories, business or professional offices: one space per 200 square feet.

(3)

Multitenant industrial buildings: one space for each 400 square feet of gross floor area, or the sum of the component gross floor areas as follows, whichever is greater:

a.

One space for each 200 square feet of office space.

b.

One space for each 2,000 square feet of warehouse space.

c.

One space for each 300 square feet of manufacturing, processing, packaging, treatment and assembly space.

d.

One space for each 500 square feet of space containing machines and equipment for conducting scientific research, testing or experimentation.

(e)

Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus ten percent.

(f)

Computation. When determining the number of off-street parking spaces, any fraction of a number shall constitute an additional space.

(g)

Snow storage in parking stalls. Provision shall be made in the parking area for adequate snow storage or removal in order to ensure that the required number of spaces is available at all times during the year.

(h)

Circulation. Traffic circulation systems shall be designed to accommodate anticipated traffic demands. Vehicular traffic generated by industrial uses shall be channeled and controlled in a manner which will avoid congestion or interference with other vehicular transportation systems and pedestrians and which will avoid creating traffic hazards and excessive traffic.

(i)

Parking size. Each parking space shall have a minimum width of nine feet and a minimum depth of 20 feet exclusive of aisle and maneuvering space.

(j)

Curb cut size. No curb cut access shall exceed 24 feet in width unless approved by the city engineer.

(k)

Grade. The grade elevation of any parking area or driveways shall not exceed four percent.

(l)

Surfacing. Except as otherwise determined by the city council, all industrial uses shall have customer parking areas and driveways which are surfaced with asphalt.

(m)

Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way.

(n)

Required screening. All open off-street parking areas of five or more spaces shall be screened with landscaping and/or other materials from abutting or surrounding residential districts.

(o)

Landscaped islands. A minimum of one landscaped parking island per 20 parking stalls shall be required within any industrial use. Areas meeting the conditions listed in subsection (c)(2) of this section which are proposed for truck circulation, but converted to parking per a plan approved by the city shall be exempt from this provision.

(p)

Signs. No signs shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with section 6.12.7120.

(q)

Deferment of parking. A reduction in the number of required parking stalls may be permitted by a conditional use permit as outlined in section 6.12.3920, provided that the following conditions are met:

(1)

Evidence is provided demonstrating that the parking requirements of the proposed use will be less than the parking required under this section during the peak demand period. Factors to be considered when reviewing the proposed parking demand shall include, but not to be limited to:

a.

Size, type, and use of building.

b.

Number of employees.

c.

Projected volume and turnover of employees.

d.

Projected frequency and volume of delivery or service vehicles.

e.

Number of company vehicles.

f.

Storage of vehicles on the site.

(2)

In no case shall the amount of parking provided be less than one-half to the amount of parking required by the ordinance.

(3)

The property owner can demonstrate that the site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of this section if the parking demand exceeds on-site supply.

(4)

On-site parking shall only occur in areas designed and constructed for parking in accordance with this section. The area reserved as proof-of-parking shall be sodded or seeded and maintained as green space. No permanent buildings shall be permitted in the proof-of-parking area.

(5)

The conditional use permit approving parking deferral under this section shall be recorded per city practice, providing that additional parking shall be constructed in accordance with this section.

(6)

To qualify for a parking deferment, the site must comply with all current zoning requirements.

(Code 2003, § 78-827; Ord. No. 32(3rd series), § 2, 3-27-2006)

In addition to other restrictions of this chapter, all loading or unloading into or out of trucks in excess of three-fourths ton capacity shall be conducted at facilities specifically designed and designated for that purpose. Those facilities, designated as loading facilities, shall be subject to the following regulations:

(1)

A minimum of one loading berth per 50,000 square feet of gross floor area or part thereof. Loading berth shall be 55 feet in length, 14 feet in width, and 15 feet in height.

(2)

All loading docks shall be located within the perimeter of the principal or accessory building and shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing at a berth.

(3)

No loading facility shall be located within the required front street or side street setback for the principal building or within ten feet of an interior side lot line or rear lot line.

(Code 2003, § 78-828; Ord. No. 32(3rd series), § 2, 3-27-2006)

(a)

General provisions. Where any industrial use abuts a property zoned for residential use, the industry shall provide screening of the parking areas along the boundary of the residential property. Screening of such parking areas shall also be provided where a business or industry is directly across the street from a residential zone.

(b)

Fencing. All fences shall be placed within the property being fenced.

(1)

Fences extending across a required front yard or required side yard which abut a street on a corner lot shall be at least 75 percent open for a passage of air and light and shall maintain the traffic visibility.

(2)

Industrial fences shall not exceed eight feet in height.

(c)

Minimum number of plantings. Industrial districts shall contain, at a minimum the greater of two trees per 1,000 square feet of gross floor area or two trees per 40 lineal feet of site perimeter whichever is greater.

(d)

Minimum planting size. All landscaping incorporated in said plan shall conform to the following standards and criteria. All plants must at least equal the following minimum size: All trees shall be balled and burlapped (B&B) and shrubs shall be container grown unless otherwise approved by city staff. Type and mode of planting are dependent upon time of planting season, availability, and site conditions (soils, climate, ground water, irrigation, grading, etc.).

(1)

Shade trees: 1.5 to two inches.

(2)

Ornamental trees: one inch.

(3)

Coniferous trees: four to six feet.

(4)

Large deciduous tree: two to four feet.

(5)

Large coniferous shrubs: two to four feet.

(6)

Small deciduous shrubs: 18 to 24 inches.

(7)

Small coniferous shrubs: 18 to 24 inches.

(e)

Spacing.

(1)

Plant material centers shall not be located closer than three feet from the property line and shall not be planted to conflict with public plantings based on the judgment of the zoning administrator.

(2)

Where plant materials are planted in two or more rows, plantings shall be staggered in rows unless otherwise approved by the zoning administrator.

(3)

Where plants or screening is intended, large deciduous and coniferous shrubs shall not be planted more than four feet on center.

(f)

Types of new trees. Plantings, suitable trees include, but are not limited to, the following:

(1)

Oak.

(2)

Red maple.

(3)

Sugar maple.

(4)

Hackberry.

(5)

Birch.

(6)

Honey locust.

(7)

Littleleaf linden.

(8)

American linden.

(9)

Green ash.

(10)

Ginkgo.

(11)

Kentucky coffee tree.

(g)

Design. The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes). All areas within the property lines (or beyond, if side grading extends beyond) shall be treated. All exterior areas not paved or designated as drives, parking or storage, must be planted with ornamental vegetation (lawns, ground covers or shrubs) unless otherwise approved by the zoning administrator.

(h)

Seeding and sod. Seeding may be used when the city determines sod is not practical or desirable such as, but not limited to, open spaces, sites that are rough graded and areas that cannot be developed (such as those located within a power line easement).

(i)

Slopes and berms. Slopes that are to be maintained as turf in excess of 2:1 are prohibited unless approved by the zoning administrator. All berms must incorporate trees and plantings into the design. In no situation shall berms be used as the sole means of screening.

(j)

Ground areas under building roof overhangs. All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting.

(k)

Detention ponds. Stormwater ponds shall be landscaped with an average of a ten-foot buffer strip of shade and ornamental trees, evergreens, shrubbery, natural grasses, ground cover and/or other plant materials to provide an aesthetically appealing setting. This landscaping plan shall be in addition to the required landscaping.

(l)

Irrigation systems. All principal use structures shall provide an exterior water supply for use in landscape purposes. The exceptions to this are one- and two-family dwellings and additions to existing structures equal to or less than ten percent of the square feet of the existing structure.

(m)

Landscape guarantee. All new plants shall be guaranteed for two full years from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced.

(Code 2003, § 78-829; Ord. No. 32(3rd series), § 2, 3-27-2006)

No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and shall be consistent with other applicable regulations of provisions of this Code and subject to the approval of other agencies having jurisdiction over the area affected by the drainage.

(Code 2003, § 78-830; Ord. No. 32(3rd series), § 2, 3-27-2006)

Any lighting used to illuminate a structure, an off-street parking area, or other area in an industrial district shall be arranged so as to deflect light away from any adjoining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions:

(1)

Lighting cutoff. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of 90 degrees or less.

(2)

Lighting adjacent property. Lighting sources shall not be permitted so as to light adjacent property in excess of the maximum intensity.

(3)

Architectural/historical light fixtures. Architectural/historical light fixtures that feature globes that are not shielded or lighting of entire façades or architectural features of a building may be approved by the city council. In no case shall the light affect adjacent property in excess of the maximum intensity.

(4)

Light poles. All light poles shall be of a dark color. Light colored light poles shall be prohibited.

(5)

Height of source and pole. The maximum height of the fixture and pole above the ground grade permitted for light sources is 30 feet. A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located unless allowed by conditional use permit.

(6)

Intensity. No light source or combination thereof which casts light on a public street shall exceed one foot-candle (meter reading) as measured from the right-of-way of said street nor shall any light source or combination thereof which casts light on adjacent residential property exceed four-tenths (0.4) foot candles (meter reading) as measured at the property line.

(7)

Location. The light source of an outdoor light fixture shall be set back a minimum of ten feet from a street right-of-way and five feet from an interior side or rear lot line.

(8)

Hours. The use of outdoor lighting for parking lots shall be turned off one hour after closing except for approved security lighting.

(Code 2003, § 78-831; Ord. No. 32(3rd series), § 2, 3-27-2006)

All signs shall conform to the sign standards of article X, division 4 of this chapter.

(Code 2003, § 78-832; Ord. No. 32(3rd series), § 2, 3-27-2006; Ord. No. 2015(3rd series), § 2, 9-10-2018)