Paynesville City Zoning Code

ARTICLE II

- DISTRICTS

Sec. 36-39. - General district provisions.

(a)

Establishment of districts. The following district classifications are established:

(1)

A-1 agricultural district.

(2)

R single-family residential district.

(3)

R-1 single- and two-family residential district.

(4)

R-2 multiple-family residential district.

(5)

R-M manufactured home district.

(6)

R-1A low density multifamily residential district.

(7)

C-1 central downtown district.

(8)

C-2 highway commercial district.

(9)

I-1 light industrial district.

(10)

I-2 heavy industrial district.

(11)

Shoreland overlay district.

(b)

Zoning district application.

(1)

Boundaries. The boundaries of the districts enumerated in this section are established and adopted as shown upon the map on file in the office of the city administrator, designated "The Official Zoning Map of the City," dated November 2021 and as subsequently amended and bearing the signatures of the mayor, and city administrator, which map with all notations, references, data and other information shown thereon is made part of this article as if the same were fully set forth herein.

(2)

Annexed land. All land which may hereafter become a part of the city through annexation shall be automatically classified in the "A-1" agricultural district until otherwise changed by amendment procedure as prescribed herein.

(c)

Zoning district boundaries. The boundaries of districts are the centerlines of streets; the centerlines of alleys; the rear lot lines where there are no alleys; the side lines of recorded lots or designated distances where land is unplatted.

(d)

Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the council, the planning board or a property owner may request a study by the city to determine if the use is acceptable and, if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The council and/or planning board may request input from city staff, if appropriate, initiate an amendment to the zoning chapter to provide for the particular use under consideration or may find that the use is not compatible for development within the city.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-40. - A-1 agricultural district.

(a)

Intent. Areas intended to be occupied by low density residential, agricultural, or outdoor recreation that do not require the establishment, maintenance, or utilization of municipal facilities and services such as water and sewer hookup.

(b)

Permitted Uses. Permitted Uses in the A-1 District are as follows:

(1)

Agriculture, including farm dwellings and agricultural related buildings and structures subject to state pollution control standards, but not including commercial feed lots or similar commercial operations.

(2)

Single-family dwellings.

(3)

Public parks, recreational areas, playgrounds, athletic fields, in duding, dugouts and grandstands.

(4)

Nurseries and tree farms.

(5)

Essential services.

(6)

Slaughtering, limited to livestock raised on the farmstead.

(7)

Manufactured homes; one per farm for farm employees.

(8)

Raising of farm animals and crops.

(9)

Cannabis cultivation.

(c)

Permitted accessory uses. Permitted accessory uses in the A-1 district are as follows:

(1)

Operation and storage of vehicles, machinery and equipment which is incidental to permitted or conditional uses allowed in this district.

(2)

Boarding or renting of rooms to not more than two persons.

(3)

Living quarters for persons employed on the private premises or families of the owner of the primary farm dwelling.

(4)

Home occupations, with a temporary use permit.

(5)

Private swimming pools and tennis courts.

(6)

Outdoor displays.

(d)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth and regulated in this section:

(1)

Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community.

(2)

Commercial outdoor recreational areas including golf courses, club houses, swimming pools, tennis courts, and similar facilities.

(3)

Processing and packaging of agricultural products, including livestock, cold storage plants, fertilizer plants, livestock farming, livestock feed lots and sales yards, subject to all applicable pollution control standards.

(4)

Kennels and animal hospitals, stables, and riding academies provided that the property containing such use is adequate and is adequately separated from residential, commercial, and industrial districts.

(5)

Churches, schools, and similar uses.

(6)

Uses which in the judgment of the planning board and the council are similar to those listed in this zoning district.

(7)

Planned unit development.

(e)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
1 acre	100'	15' each	30'	50'	40%

*See definition of setbacks.

(2)

Building height. Residential structures hereafter erected shall not exceed 35 feet in height at the highest point of the roof surface. Agricultural buildings shall be exempt from these requirements.

(3)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(f)

Temporary uses. The following uses may be permitted under a temporary use permit on the procedures set forth and regulated herein:

(1)

Any use that may be permitted by a conditional use permit, but which the planning board and/or council determine should first be tried on a temporary basis.

(2)

Temporary living quarters for seasonal and/or other types of workers engaged in a project of a limited duration.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), §§ 5, 14, 12-9-2024)

Sec. 36-41. - R single-family residential district.

(a)

Intent. Areas occupied by single-family dwellings are designed to promote the development of owner-occupied homes with standards promoting such ownership, community growth and limit overcrowding.

(b)

Permitted uses. Permitted uses in the R district are as follows:

(1)

Single-family dwellings.

(2)

Public parks and playgrounds.

(3)

Essential services.

(c)

Permitted accessory uses. Permitted uses in the R district are as follows:

(1)

Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial recreational equipment.

(d)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth in this article:

(1)

Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community.

(2)

Public or semi-public recreational buildings.

(3)

In-home day cares.

(e)

Lot, yard, area and height requirements.

(1)

Lot, yard and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Side Setbacks	Front Yard Setback	Rear Yard Setback	Lot Coverage
10,000 square feet	75'	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear, and side yard setbacks from all alleys shall be five feet, except where 15 feet is required under section 36-5(c).

(2)

Building height. Residential structures shall not exceed 35 feet in height at the highest point of the roof surface.

(3)

Building dimensions. Residential structures shall have a minimum length of 24 feet and a minimum width of 24 feet at the narrowest point. Residential structures shall have ground floor space of 800 square feet or more.

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(5)

All homes, including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit and other required permits.

Have ground floor space of not less than 800 square feet.

Have a width of 24 feet at the narrowest point.

Be placed on permanent foundations which comply with the state building code and shall have a solid and continuous perimeter foundation for the complete circumference of the home with frost footings in compliance with the state building code. This solid and continuous perimeter foundation may, but need not be, the weight bearing foundation of a manufactured home. Any such home shall have exterior siding extending from within six inches of the dirt or two inches of the concrete or block material, which siding shall be of a conventional exterior dwelling type material.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 6, 12-9-2024)

Sec. 36-42. - R-1 single- and two-family residential district.

(a)

Intent. Areas occupied by single- and multi-family dwellings are designed to promote the development of owner-occupied homes and reasonably-priced rental properties with standards promoting community growth, accessibility to all individuals with varying socioeconomic backgrounds and limit overcrowding.

(b)

Permitted uses. Permitted uses in the R-1 district are as follows:

(1)

Single- and two-family dwellings.

(2)

Public parks, swimming facilities, tennis courts, and playgrounds, athletic fields, including dugouts and seating areas.

(3)

Essential services.

(4)

Agriculture other than the raising and keeping of livestock.

(5)

In-home day cares.

(6)

Used dwellings or manufactured homes with the passage of a pre-moved building inspection conducted by the city's building official.

(c)

Permitted accessory uses. Permitted accessory uses in the R-1 district are as follows:

(1)

Garages, parking spaces, carports for passenger cars, trucks and recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial and recreational equipment.

(5)

Boarding or renting rooms to not more than two persons.

(d)

No structure for an accessory use shall be permitted to be constructed in advance of the construction of the primary permitted use structure. Permitted accessory uses shall only be permitted to be built simultaneously with or following the construction of the primary structure on lots zoned R-1 single- and two-family residential district.

(1)

However, where there are two contiguous lots owned by the same property owner, and one of these two lots has an existing primary structure, then an accessory use building shall be permitted to be built on the contiguous lot if:

The two lots are combined into a single lot so that they cannot be sold separately without the consent of the city to a lot split. Lots may generally be combined into a single lot with a single property identification number by a conveyance of the parcel proposed to be used for the accessory use building, which includes the following language:

This tract is being conveyed for purposes of attachment to a contiguous lot, to-wit: (include the legal description of the parcel to which it is being attached). This tract shall hereafter not be considered a separate tract, lot, parcel, or subdivision of land for purposes of conveyance, but rather a part of the lot or tract to which it is being attached, unless the tract shall become part of a duly recorded plat where the city shall consent to a lot split in accordance with the requirements of section chapter 30, article V.

In situations where two lots cannot be combined into a single lot with a single property identification number as provided in subsection (c)(2)a of this section, such as a situation where the two parcels of property proposed to be combined are located in separate plats so that the county is unable to combine them into a single parcel, then the property owner shall also obtain a conditional use permit under the requirements of section 36-53.

(e)

Temporary uses. The following uses require a temporary use permit following the procedure set forth in section 36-52, home occupations.

(f)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth in this section:

(1)

Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community.

(2)

Residential planned unit developments, regulated by section 36-51, and townhouses.

(3)

Public or semi-public recreational buildings, community centers and daycare centers.

(4)

Nurseries, but not including greenhouses, farm or truck gardens, display, and sale of agricultural products.

(5)

Churches, libraries, museums, schools, memorial buildings, and hospitals.

(6)

Commercial day care centers.

(7)

Planned unit developments.

(g)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
Single Family
10,000 square feet	50' existing	5'	13'	20'	5'	40%
	75' platted	5'	13'	20'	5'	40%
Two Family
10,000 square feet	75'	5'	13'	20'	5'	40%
Townhouses
5,000 square feet per unit	75'	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear, and side yard setbacks from all alleys shall be five feet except where 15 feet is required under section 36-5(c).

(2)

Adjacent primary structures. Where adjacent primary structures within the same block have front yard setbacks different from those required and have not obtained a variance; the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the setbacks shall be the average of the required setback and the setback of the adjacent structure. In no case shall the front yard setback requirement not less than 15 feet.

(3)

Building height. Residential structures hereafter erected shall not exceed 35 feet in height at the highest point of the roof surface.

(4)

Building dimensions. Residential structures hereafter erected shall have a minimum length of 24 feet and a minimum width of 24 feet and a minimum ground floor area of not less than 800 square feet.

(5)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(6)

All homes, including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit or any other required permits.

Have ground floor space of not less than 800 square feet.

Have a width of 24 feet at the narrowest point.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 7, 12-9-2024)

Sec. 36-43. - R-2 multiple-family residential district.

(a)

Intent. Areas occupied by single- and multi-family dwellings in addition to higher-density properties are designed to promote the development of owner-occupied homes and reasonably-priced rental properties with standards promoting community growth, accessibility to all individuals with varying socioeconomic backgrounds and limit overcrowding.

(b)

Permitted uses. Permitted uses in the R-2 district are as follows:

(1)

All permitted uses as allowed in an R-l single- and two-family residential district.

(2)

Multiple-family dwelling units.

(3)

Boarding houses and rooming houses.

(4)

Nursing homes, rest homes and assisted living facilities.

(5)

Apartment buildings.

(6)

In home day cares.

(7)

Used dwellings or manufactured homes with the passage of a pre-moved building inspection conducted by the city's building official.

(c)

Permitted accessory uses. Permitted accessory uses in the R-2 district are as follows:

(1)

Garages, parking spaces, carports for passenger cars, trucks and recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial and recreational equipment.

(d)

(e)

(1)

This tract is being conveyed for purposes of attachment to a contiguous lot, to-wit: (include the legal description of the parcel to which it is being attached). This tract shall hereafter not be considered a separate tract, lot, parcel. or subdivision of land for purposes of conveyance, but rather a part of the lot or tract to which it is being attached, unless the tract shall become part of a duly recorded plat where the city shall consent to a lot split in accordance with the requirements of chapter 30, article.

(2)

(f)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth in this section:

(1)

All conditional uses, subject to the same provisions as allowed in the R-1 single- and two-family residential district.

(2)

Funeral home, provided yard area and screening are adequate to buffer adjoining properties, and adequate parking provided.

(3)

Clinics and other buildings for treatment of human beings contingent upon adequate parking being provided.

(4)

Commercial day care centers.

(g)

Lot, yard, area, and height requirements.

(1) Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Family Square Feet	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
Single Family
10,000 square feet	50' existing	7,000	5'	13'	20'	5'	40%
	75' platted	7,000	5'	13'	20'	5'	40%
Two Family
10,000 square feet	75'	5,000	5'	13'	20'	5'	40%
Three-Family or More
	75'	2,500	5'	13'	20'	5'	40%
Apartment Building
	75'	10,000	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear and side yard setbacks from all alleys shall be five feet except where 15 feet is required under section 36-5(c).

(2)

Adjacent primary structures. Where adjacent primary structures within the same block have front yard setbacks different from those required, and have not obtained a variance; the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the front yard setback requirement not less than 15 feet.

(3)

Building height. Residential structures hereafter erected shall not exceed two and one-half stories or 35 feet in height at the highest point of the roof surface.

(4)

Building dimensions. Residential structures hereafter erected shall have a minimum length of 24 feet and a minimum width of 24 feet.

(5)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(6)

All homes, including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit and other required permits.

Have ground floor space of not less than 800 square feet.

Have a width of 24 feet at the narrowest point.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 8, 12-9-2024)

Sec. 36-44. - R-m manufactured home district.

(a)

Intent. Areas intended to promote the development of safe mobile home parks in the community and to supplement, but not replace, any and all state laws in order to ensure access to safe, code-compliant housing accessible to individuals of varying socioeconomic backgrounds.

(b)

Permitted uses. Permitted uses in the R-M district are as follows:

(1)

Manufactured homes.

(2)

Manufactured home parks with a conditional use permit.

(3)

Manufactured home park office, laundry, recreation, and storm shelter facilities provided these structures are permanent in nature.

(c)

Permitted accessory uses. Permitted accessory uses in the R-M district are as follows:

(1)

Private garages and parking spaces;

(2)

Tool houses and similar buildings for the storage of domestic equipment and noncommercial recreational equipment;

(d)

(e)

(1)

(2)

(f)

Conditional uses. All manufactured home parks shall require a conditional use permit in addition to being located in the manufactured home zoning district.

(g)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirement.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
5,000 square feet	50'	5'	13'	15'	5'	50%

*See definition of setbacks.

(2)

The maximum building height shall not exceed 20 feet to the highest point of the roof surface.

(3)

Maximum coverage. Shall not exceed 50 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(h)

Other requirements.

(1)

Common open space. At least ten percent of the total site of a manufactured home park shall be reserved for common, usable open space, for the exclusive use of residents, and to be maintained by the proprietor or operator of the manufactured home park. Such open space and its improvements shall be completed before any manufactured home site is offered for occupancy.

(2)

An application for a manufactured home park shall be accompanied by the same data, map, and information required for other plats or subdivisions within the city.

(3)

Any additional data required by the state board of health for licensing of manufactured home parks shall also be submitted to the planning board prior to or concurrently with its submittal to the state board of health.

(4)

Landscaping required:

Each manufactured home park shall provide and maintain a ten-foot landscaped strip around the perimeter of the property.

Each manufactured home site shall be provided with a tree, and all unpaved areas shall be suitably sodded.

(5)

Commercial sales and/or commercial storage of manufactured homes shall be prohibited in a manufactured home park.

(6)

Paved private streets serving the manufactured home park shall not be less than 28 feet in width and for parking on one side of the street.

(7)

Each manufactured home park shall provide a storm shelter with sufficient space to accommodate all of its residents.

(8)

Each manufactured home within a manufactured home park shall be properly and completely skirted.

(9)

Manufactured homes shall comply with the state department of labor and industry. Manufactured Home Rules chapter 1350.00 et seq.

(10)

Except where this chapter is more restrictive, manufactured home parks are subject to the Stearns County Manufactured Homes Park regulations established by Stearns County Environmental Health including Stearns County Ordinance #439 as amended.

(11)

State law pertaining to the regulation of manufactured homes and manufactured home parks is adopted by reference and are declared to be an integral part of this article as if they were reproduced in their entirety herein; provided that where standards of this article are higher or more restrictive than the statutes, this article shall govern.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 9, 12-9-2024)

Sec. 36-45. - R-1A low density multi-family residential district.

(a)

Intent. It is the intent of this district to provide for the development of low-density multi-family dwellings in units consisting of no more than five units per structure, and one unit per lot, to provide for reasonable standards for such developments, to avoid overcrowding and to prohibit the use of land which would be incompatible with or detrimental to the essential character of this district.

(b)

Permitted uses. Permitted uses in the R-1A district are as follows:

(1)

All permitted uses as allowed in an R-1 single- and two-family residential district.

(2)

Multi-family dwelling units consisting of no more than five units per structure and one unit per lot will require a conditional use permit.

(c)

Permitted accessory uses. Permitted accessory uses in the R-1A district are as follows:

(1)

Garages, parking spaces, carports for passenger cars, trucks and recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial and recreational equipment.

(d)

(e)

(1)

This tract is being conveyed for purposes of attachment to a contiguous lot, to-wit: (include the legal description of the parcel to which it is being attached). This tract shall hereafter not be considered a separate tract, lot, parcel, or subdivision of land for purposes of conveyance, but rather a part of the lot or tract to which it is being attached, unless the tract shall become part of a duly recorded plat or where the city shall consent to a lot split in accordance with the requirements of chapter 30, article V.

(2)

(f)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth herein:

(1)

Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community.

(2)

Residential planned unit developments regulated by section 36-51 and townhouses.

(3)

Public or semi-public recreational buildings, community centers and daycare centers.

(4)

Nurseries, but not including greenhouses, farm or truck gardens, display, and sale of agricultural products.

(5)

Churches, libraries, museums, schools, memorial buildings, and hospitals.

(g)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
Single Family
7,000 square feet	50' existing	5'	13'	20'	5'	40%
	75' platted	5'	13'	20'	5'	40%
Two Family
10,000 square feet	75'	5'	13'	20'	5'	40%
Multi-Family Dwelling Units; Up To Five Units Per Structure
5,000 square feet per unit	75'	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear and side yard setbacks from all alleys shall be five feet, except where 15 feet is required under section 36-5(c).

(2)

(3)

Building height. Residential structures hereafter erected shall not exceed 35 feet in height to the highest point of the roof surface.

(4)

Building dimensions. Residential structures hereafter erected shall have a minimum length of 24 feet and a minimum width of 24 feet.

(5)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(6)

All homes including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit and any other required permits.

Have ground floor space of less than 800 square feet.

No such home shall have a width of less than 24 feet at its narrowest point.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 10, 12-9-2024)

Sec. 36-46. - C-1 central downtown district.

(a)

Intent. The C-1 central downtown district seeks to develop a mixed use district of businesses, service or retail, and multifamily housing with the goal of creating and maintaining a local hub for activity within the city. The district serves to develop an area that is pedestrian friendly as well as allowing for access by other means to entice local residents and out-of-town guests to visit the area and the local businesses.

(b)

Permitted Uses. Permitted Uses in the C-1 District are as follows:

(1)

Antique shops.

(2)

Apartments;

Exclusive apartment building.

Apartments within a retail business building are only allowed above, behind or below the retail business and must comply with the building code, no apartments/living quarters are allowed on the front streel level.

(3)

Apparel shops.

(4)

Appliance shops.

(5)

Arcades and entertainment centers.

(6)

Art galleries, including commercial display and sales.

(7)

Art schools and studios.

(8)

Art supply stores.

(9)

Assembly (small) of component party without manufacturing.

(10)

Auction rooms.

(11)

Auto sales and service.

(12)

Automobile parts stores.

(13)

Automobile repair and service.

(14)

Bakeries.

(15)

Ballroom, dance hall.

(16)

Banks, savings, loans and credit unions.

(17)

Bars (on-sale).

(18)

Barbers, beauty shops, salons, related activities including therapeutic massage, tanning and nail technicians.

(19)

Book stores.

(20)

Bicycle stores.

(21)

Blue printing and copying.

(22)

Bowling alleys.

(23)

Brewhouses.

(24)

Brew pubs.

(25)

Business and office equipment stores.

(26)

Cabinet shop for the production of cabinets.

(27)

Camera and photographic supplies.

(28)

Candy, ice cream and confectionery stores.

(29)

Cannabis delivery.

(30)

Cannabis retail.

(31)

Car and pet washes.

(32)

Caterers.

(33)

Churches and other religious institutions.

(34)

Cider houses.

(35)

Clubs and lodges.

(36)

Coffee shops.

(37)

Contractors: Electric, general, painting, decorating, HVAC and plumbing.

(38)

Convenience stores.

(39)

Dental, medical, chiropractic and scientific clinics and laboratories including mental health and treatment of human beings.

(40)

Department, discount, and variety stores.

(41)

Dressmakers, seamstresses, tailors, embroidery, and silk screening.

(42)

Drive-in facilities, accessory to a principal use.

(43)

Dry-cleaning, laundromats, and diaper services.

(44)

Exterminators.

(45)

Fitness center.

(46)

Floral sales.

(47)

Flooring and home décor.

(48)

Food locker or meat markets including sales and home delivery, cutting, processing, and packaging of meats and game. Lockers shall be provided for individual home rental and storage only. All animals brought in for slaughter shall be slaughtered or eviscerated the same day of arrival.

(49)

Funeral homes/crematoriums.

(50)

Furniture stores.

(51)

Garden supply stores.

(52)

Gift and souvenir stores.

(53)

Government buildings.

(54)

Grocery stores.

(55)

Gunsmiths.

(56)

Hardware stores.

(57)

Health clubs.

(58)

Health equipment and sporting goods stores.

(59)

Hobby stores.

(60)

Imaging and data storage.

(61)

Insurance agencies.

(62)

Interior decorators.

(63)

Janitorial services.

(64)

Jewelry stores.

(65)

Laundry, self-service.

(66)

Liquor stores (off-sale).

(67)

Locksmiths.

(68)

Medical appliance sales and fittings.

(69)

Motorcycle sales.

(70)

Multiple-family dwellings.

(71)

Music stores, including the sale of instruments and recorded music.

(72)

Newspaper/news shops.

(73)

Optical goods and services.

(74)

Paint and wallpaper stores.

(75)

Parking lots and parking structures or garages.

(76)

Parks and playgrounds.

(77)

Pharmacies.

(78)

Photo studios and picture processing and equipment sales.

(79)

Post offices.

(80)

Professional service offices such as: accountants, attorneys, title, realtors, counseling/treatment, medical, dental, and optical.

(81)

Public utility buildings.

(82)

Quilt shops.

(83)

Radio and television broadcasting, including transmitters, and studios.

(84)

Recreational services (indoor) such as paintball, laser tag, arcades, and fitness.

(85)

Repair, rental, and service shops, provided the sale of the articles repaired, rented, or serviced shall be permitted in the district.

(86)

Restaurants.

(87)

Retail stores.

(88)

Row houses.

(89)

Single- and two-family dwellings.

(90)

Shoe stores and shoe repair.

(91)

Stationary and greeting card stores.

(92)

Taxidermists.

(93)

Theaters, excluding drive-ins.

(94)

Thrift store/secondhand stores.

(95)

Ticket agencies and travel bureaus.

(96)

Toy stores.

(97)

Upholstery shops.

(98)

Veterinarians, including observation kennels for domestic pets, provided that all such kennels are within completely enclosed structures.

(99)

Video rentals, sales, and other similar retail services.

(100)

Wineries.

(c)

Permitted accessory uses.

(1)

Off-street parking and loading areas in compliance with section 36-5 entitled general requirements.

(2)

Commercial or business buildings for a use accessory to the principal use.

(3)

Signs as regulated by this chapter.

(4)

Patios outdoor seating for the service of food and beverages.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein and meet all requirements of section 36-5 entitled general requirements:

(1)

Commercial planned unit developments regulated herein.

(2)

Planned unit developments.

(3)

Hotel and motels.

(4)

Completely enclosed firing ranges.

(e)

Lot, yard, area, height, and parking requirements.

(1)

For uses allowed in the C-1 district, there will be no requirements for lot areas, frontage, lot coverage, yard sizes, parking or loading requirements except as specifically provided herein.

(2)

Building height. Buildings hereafter erected shall not exceed 45 feet in height at the highest point of the roof surface.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 15, 12-9-2024)

Sec. 36-47. - C-2 highway commercial district.

(a)

Intent. The highway commercial district serves to utilize the Business 23, Highway 23, and Highway 55 corridors to develop local businesses.

(b)

Permitted Uses. Permitted uses in the C-2 district are as follows:

(1)

All permitted uses as allowed in the C-1 district.

(2)

Other recreational services.

(3)

Farm implement sales and services.

(4)

Landscape nurseries, greenhouses, rental storage units, lumber yards and body shops.

(5)

Hotels, motels, hospitals and storage facilities.

(6)

Cannabis cultivation.

(7)

Hemp manufacturing.

(8)

Cannabis retail.

(9)

Cannabis delivery.

(c)

Permitted accessory uses.

(1)

All permitted accessory uses in the C-1 district.

(2)

Off-street parking and loading facilities including semitrailers.

(3)

Open air display areas for the sale of manufactured products such as garden furniture, hardware items, nursery stock, or rental of manufactured products or equipment including mobile home sales lots.

(4)

Signs as regulated by this chapter.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein:

(1)

All conditional uses allowed in the C-1 district.

(2)

Recreational camping areas provided:

Land area is adequate for the proposed use.

The site is serviced by an adequately paved arterial street.

Utilities are provided to each site and approved by the city engineer.

(3)

Planned unit development.

(e)

Lot, yard, area and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area Square Feet	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
As necessary	80'	10'	25'	20'	50%

*See definition of setbacks.

(2)

(3)

Building height. Commercial structures hereafter erected shall not exceed 45 feet in height to the highest point of the roof surface.

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(f)

Temporary uses. The following uses may be permitted under a temporary use permit on the procedures set forth and regulated herein:

(1)

Any use that may be permitted by a conditional use permit, but which the planning commission and/or council determine should first be tried on a temporary basis.

(2)

Temporary living quarters for seasonal and/or other types of workers engaged in a project of a limited duration.

(g)

Open outdoor sales, service or rental as an accessory use provided:

The area is fenced or screened from abutting properties.

Sales areas are surfaced to control dust.

(h)

Any and all loading and unloading of any kind cannot be done in the road right-of-way.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), §§ 11, 16, 12-9-2024)

Sec. 36-48. - I-1 light industrial district.

(a)

Intent. The light industrial district seeks to provide for and allow a wide range of industrial, warehousing, and bulk commercial activities that generate little to no noise or air pollution and encourages the development of new industry.

(b)

Permitted uses. Permitted uses in the I-1 district are as follows:

(1)

Subdivision 2. Purpose. The I-1, light industrial district, is intended to provide sites for light manufacturing and light industrial uses under controls that minimize any adverse effects on property in neighboring residential, business, or commercial districts.

(2)

Subdivision 2. Permitted Uses. Except as specifically limited herein, the following uses are permitted in the light industrial district:

Adult use establishments, so long as no two adult use establishments are located on contiguous lots and so long as no such adult use establishment is constructed within 200 feet of any residential area, school, child-care facility, church or public park.

Any branch of trade or industry employing labor and capital, activities not allowed in commercial districts and activities which do require steam, diesel or gasoline engines as a prime mover excepting that no industry or use noxious by reason of odor, dust, smoke, noise, or gas shall be included which interferes with other permitted uses.

Automobile, airplane, and farm implement assembly.

Cannabis manufacturing.

Cannabis transportation.

Cannabis wholesale.

Contractors equipment and storage yards, including outdoor storage of building supplies.

Feed and seed sales.

Grain storage elevators and buildings.

Light manufacturing includes, but is not limited to, the following:

Manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth, cork, electronic components, feathers, felt, fiber, fur, glass, hair, horn, leather, nonferrous metals, paper, plastic, precious or semiprecious metals or stones, rubber (excluding rubber or synthetic processing, tires and inner tubes), steel, sheet metal, shell, textiles and fabrics, tobacco, wax, wire, wood (excluding saw and planing mills) and yarns;

Manufacture or assembly of automobiles, boats less than 100 feet in length, and electrical appliances and equipment;

Bottling, all beverages;

Manufacture, assembly, compounding, processing, packaging, or treatment of such products as, but not limited to, hardware and cutlery, nontoxic chemicals, pharmaceuticals, and food products (excluding slaughtering of animals and preparation of meat for packing, sugar refining, oils, and grain, feed or flour milling, processing, or storage);

Manufacture of glass and glass products, ceramics, china, pottery, and other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

Metal working, such as stamping, welding, machining, extruding, engraving, plating, grinding, polishing, cleaning, and heat treating.

Machine shops, public and private garages.

Public utility and service buildings and gas regulator stations.

Recyclable material collection (temporary or permanent).

Sales, service, rental of equipment.

Storage buildings.

Transformer station with storage yards.

Trucking.

Wholesale business and warehousing storage.

Outdoor storage.

Hemp manufacturing.

(c)

Permitted accessory uses. Permitted accessory uses in the I-1 district are as follows:

(1)

Off-street parking and loading.

(2)

Open and outdoor storage.

(3)

Offices accessory to a principal use.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein:

(1)

Subdivision 3. Conditional uses. Except as specifically limited herein, the following uses may be allowed in the light industrial district by conditional use permit:

Any use of a manufacturing type which has heavy odors, smoke or other obnoxious or distasteful smells or appearances or excessive noise.

Electricity generating facilities, when not determined to be objectionable due to noise, odor, or vibration.

Industrial planned unit developments regulated by section 36-51 entitled planned unit developments.

Planned unit developments.

Transportation of freight terminals.

(e)

Lot, yard, area and height requirements.

(1)

Lot, yard, area and area requirements.

Minimum Lot Requirements
Lot Area Square Feet	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
As necessary	100'	10'	25'	20'	50%

*See definition of setbacks.

(2)

Abutting railroad. Where a property abuts a railroad no side or rear yard shall be required when a railroad loading facility is to be installed.

(3)

Building height. No structure hereafter erected shall exceed 45 feet in height at the highest point of the roof surface, except for storage silos cannot exceed 90 feet in height.

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(f)

Any and all loading and unloading of any kind cannot be done in the road right-of-way.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), §§ 12, 17, 12-9-2024)

Sec. 36-49. - I-2 heavy industrial district.

(a)

Intent. It is the intent of this district to provide for the establishment of heavy industrial and manufacturing development and uses, which because of the nature of the product, isolation from residential and/or commercial uses is desirable.

(b)

Permitted Uses. Permitted uses in the I-2 district are as follows:

(1)

All uses permitted in the I-1 light industrial district.

(2)

Manufacturing of cement, concrete, lime gypsum or plaster.

(3)

Cleaning and dyeing plants.

(4)

Milk processing.

(5)

Concrete mixing and concrete products manufacturing.

(6)

Cannabis manufacturing.

(7)

Hemp manufacturing.

(8)

Cannabis wholesale.

(9)

Cannabis transportation.

(c)

Lot, yard, area and height requirements.

(1)

Lot, yard, area and area requirements.

Minimum Lot Requirements
Lot Area Square Feet	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
As necessary	100'	10'	25'	20'	50%

*See definition of setbacks.

(2)

Abutting railroad. Where a property abuts a railroad no side or rear yard shall be required when a railroad loading facility is to be installed.

(3)

Building height. No structure hereafter erected shall exceed 75 feet in height at the highest point of the roof's surface, except for storage silos, which shall not exceed 100 feet at the highest point of the roof's surface.

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(5)

Height and yard exceptions.

Chimneys, air conditioning or HVAC, drive-in movie theater screens, smoke stacks, water towers, radio or television towers, antennas, monuments, cupolas, flag poles, radio or cell towers, steeples and mechanical appurtenances pertaining to and necessary to the permitted use of a district in which they are located shall not be included in calculating the height of the principle structure or be subject to the building height limitations set forth in subsection (c)(3) above.

Outside stairways, fire escapes, porches, platforms, decks, balconies, boiler flues, and other similar projections shall be considered as part of a building and not allowed as part of the required space for yards or unoccupied space. This provision shall not apply to one fireplace or one chimney not more than eight feet in length and projecting not more than 30 inches into the allowable side yard space, nor cornices, not exceeding 16 inches in width, not platforms, terraces or steps below ground level.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein:

(1)

Any branch of industry employing labor and capital not permitted in other districts established by this article, subject to the general development provisions and other applicable requirements of this article.

(2)

Bulk fertilizer, sales, storage, and manufacturing.

(3)

Compost facility.

(4)

Distillation of bone, coal, tar, petroleum, refuse, grain, or wood.

(5)

Explosive manufacturing or storage.

(6)

Fertilizer manufacturing, compost, or storage.

(7)

Garbage, dead animals, refuse, rancid fats, incineration, glue manufacturing, size or gelative manufacturing where the processes include the refining or recovery of products from animal refuse.

(8)

Livestock feeding yards, slaughtering of animals or stock yards.

(9)

Petroleum or asphalt refining, manufacturing, or storage.

(10)

Smelting or refining of metals from ores.

(11)

Steam and board hammers and forging presses.

(12)

Storing, curing, and tanning of raw, green, or salted hides or skins.

(13)

Corrosive acid manufacturing or bulk storage thereof.

(14)

Junkyards and auto reduction.

(15)

Industrial planned unit development regulated herein.

(16)

Gravel pits, gravel and sand washing and grading, rock crushing, washing, and grading, quarrying and related uses.

(e)

Any and all loading and unloading of any kind cannot be done in the road right-of-way.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 43(3rd Series), §§ 1, 2, 7-10-2023; Ord. No. 55(3rd Series), §§ 13, 18, 12-9-2024)

Sec. 36-50. - Shoreland overlay district.

(a)

Definition. Shoreland means the land located within the following distances from public waters:

(1)

1,000 feet from the normal high-water mark of a lake, pond, or flowage;

(2)

300 feet from a river or stream, or the landward extent of a floodplain designated by this chapter on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits wherever the waters involved are bounded by natural or manmade topographic divides which extend landward from the waters for lesser distances.

(b)

Intent. The uncontrolled use of shorelands in the city affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise development of shorelands and floodplain areas. The city has authority under state law to regulate the subdivision, use and development of the shorelands and floodplains and thus preserve and enhance the quality of surface waters, preserve the economic and natural values of shorelands and provide for the wise utilization of waters and related land resources.

(c)

Shoreland management classification. In order to guide the wise development and utilization of shorelands of public waters for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, all public waters in the city have been given a shoreland management classification. The public waters of the city have been classified by the commissioner of natural resources as follows:

General Development Lakes and Streams: North Fork Crow River.

(d)

Shoreland district boundaries. Boundaries within the shoreland management classification are defined by this chapter and the official zoning map of the city. Where interpretation is needed as to the exact location of the boundaries of the shoreland management district on the official zoning map where, for example, there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer shall make the initial interpretation based on surveys, plans and other engineering data provided by the person seeking an interpretation; and, based upon the plans and other data available to the city. To the extent that the city is legally required to do so, the interpretation of the city engineer shall be referred to the commissioner of the department of natural resources, who shall make a final determination pursuant to state law and regulations.

(e)

Designation, general purpose, and applicability of district. The shorelands of the city are designated as a shoreland overlay district. The purpose of the shoreland overlay district is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the city.

(1)

Permitted uses. All permitted uses allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the city and all uses permitted in floodplain. However, structures and accessory facilities, except stairways and landings, shall not be placed in the bluff impact zone.

(2)

Conditional uses. All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the city. Notice of all requests for conditional uses and variances shall be forwarded to the department of natural resources at least ten days prior to any hearing.

(3)

General provisions. The following standards shall apply to all shorelands of all public waters within the city. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards shall apply.

General Development Water
	Unsewered	Sewered
		Waterfront	Other
Lot area (ft.)	20,000'	15,000'	10,000'
Water frontage and lot width at building line (ft.)	100'	75'
Building setback from ordinary high-water mark (ft.)	75'	50'
Building setback from roads and highways (ft.)	20'
Elevation of lowest floor above highest know water level (ft.)	4'
Building height limitation (ft.)	35'
Total lot area covered by impervious surface (%)	30%
Sewage system setback from ordinary high-water mark (ft.)	50'
Sewage system elevation above highest groundwater level or bedrock (ft.)	4'

*See definition of setbacks.

For purposes of lot size requirements, only land area above the ordinary high-water level shall be included in the determination of lot area and width requirements. Lot width and standards shall be met at the water line and at the building line.

In unsewered areas, the design and installation of sewage disposal systems shall be in conformance with the state department of health code.

(4)

Substandard and nonconforming sewage disposal.

Substandard sewage disposal systems.

A substandard sewage disposal system is a system that has been properly constructed, is large enough to adequately treat the effluent, is not endangering a water supply and has sufficient elevation above the groundwater table, but does not meet the minimum setback distance from the shoreline, lot line, or the dwelling and well.

A substandard sewage disposal system may be used until it has failed or when in need of major repair.

A substandard system that has failed or is in need of major repairs must be relocated to conform to the required setback as established in this article.

Nonconforming sewage disposal systems.

A nonconforming sewage disposal system is a system that:

(i)

Does not conform to proper size, construction, use or maintenance.

(ii)

Is creating a nuisance, endangering a domestic water supply, polluting a lake, stream or river, or contaminating an underground water table.

(iii)

Is located in any of the following areas:

Low swampy areas, areas where standing water is prevalent, or areas subject to flooding;

Where the bottom of the soil absorption unit is closer than four feet to the groundwater table or bedrock; and

On a steep slope where soil conditions may cause effluent seepage to the ground surface.

Nonconforming sewage disposal systems must be brought into conformity with this subsection upon notice issued by the city or discontinue within five years of the effective date of the ordinance from which this article is derived.

(f)

Lots of record. Lots of record in the office of the county recorder, on the effective date of the ordinance from which this article is derived, shall be allowed as building sites provided such use is permitted in the zoning district, the lot is in separate ownership from abutting lands and sanitary and dimensional requirements of this article are complied with insofar as practicable.

(g)

Shoreland/vegetation alterations.

(1)

Planting of trees, shrubs, establishing vegetated buffers and maintaining vegetated shorelines is encouraged on all riparian lots within the city as a method to minimize and mitigate the impacts of stormwater runoff, erosion and nutrient enrichment on the city's water resources.

(2)

Vegetation alterations necessary for the construction of structures, placement of municipal utilities or the construction of roadways and parking areas as outlined in this section are exempt from the vegetation alteration standards that follow.

(3)

Removal or alteration of vegetation is allowed subject to the following standards:

The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland overlay district shall be subject to the following provisions:

The smallest amount of bare ground is exposed for as short a time as feasible;

Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;

Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water.

Clear cutting of natural vegetation shall be prohibited.

Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to slow surface runoff and soil erosion.

The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation such as farming or gardening.

Within bluff impact zones and on steep slopes, only limited removal of vegetation, pruning and trimming of trees and shrubs, is allowed, along with the removal of exotic species, such as European buck thorn, or noxious species such as poison ivy, prickly ash, removal of dead or diseased trees or limbs.

Grading and filling in shoreland areas or any alterations of the natural topography where the slope of the land is toward public water or a watercourse leading to public water must be authorized by a building permit or, if done independent of a building project, by a grading and filling permit. Such building permit or grading and filling permit shall be subject to the following conditions:

The smallest amount of bare ground is exposed for as short a time as feasible;

Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;

Methods to prevent erosion and trap sediment are employed; and

Fill is stabilized to accepted engineering standards.

In considering whether to grant a building permit or a grading and filling permit in shoreland areas, the following factors may be considered:

The ability to prevent erosion and trap sediment given the nature and scope of the project.

Potential impacts on fish and wildlife habitat.

Stability of the shoreline or bluff areas impacted.

The impact on critical habitat for plants or animals.

This evaluation shall include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state or federal agencies, such as the watershed district, the Minnesota Department of Natural Resources, or the U.S. Army Corp of Engineers. The applicant shall be so advised.

(4)

Excavations on shorelands where the intended purpose is connection to public water shall require a permit from the city administrator before construction is begun. Such permit may be obtained only after the commissioner of natural resources has issued a permit for work in the beds of public waters.

(h)

Floodplain provisions.

(1)

Statutory authority. The city has authority under state law to adopt regulations designed to minimize flood losses. This article is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59—78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

(2)

Statement of purpose. The development of the flood hazard areas of the city could result in the potential loss of life and property, create health and safety hazards, and lead to extraordinary public expenditures for flood protection and relief. Since development of these areas is not essential to the orderly growth of the community, and since these lands are suitable for open space uses that do not require structures, fill, obstructions, or any other form of development as defined in subsection (h)(7) of this section, the city council does ordain as follows in this subsection (h).

(3)

Designation of the Flood Plain District. The Flood Insurance Study, Stearns County, Minnesota and Incorporated Areas and Flood Insurance Rate Map Panels therein numbered 27145C0750E, 27145C0763E, 27145C0764E, 27145C0910E, and 27145C0930E, all dated February 16, 2012, and prepared by the Federal Emergency Management Agency, are adopted by reference, and declared to be part of this article. These maps shall be on file in the office of the city administrator. The flood plain district for the city shall include those 100-year flood areas designated as Zone AE and Zone A on the aforementioned maps.

(4)

Permitted uses in the flood plain district. The following uses have low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the flood plain district without a permit to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, obstructions, excavations, drilling operations, storage of materials or equipment or any other form of development as defined in subsection (h)(7) of this section.

Agricultural uses such as general farming, pasture, grazing, forestry, sod farming and wild crop harvesting.

Industrial-commercial uses such as parking areas and airport landing strips.

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, trap, and skeet ranges, hunting and fishing areas and single or multiple purpose recreational trails.

Residential uses such as lawns, gardens, parking areas and play areas.

Notwithstanding the provisions of subsection (h)(10) of this section for nonconformities, all other uses and all uses that require structures, fill, obstructions, excavations, drilling operations, storage of material or equipment or any other form of development as defined in subsection (h)(7) of this section shall be prohibited.

(5)

Administration.

Development approvals. Notwithstanding the provisions of subsection (h)(10) of this section for nonconformities, no person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure. No mining, dredging, filling, grading, paving, excavation, obstruction, drilling operation or other form of development as defined in subsection (h)(7) of this section shall be allowed. These activities are currently not allowed within the flood plain district and would only be allowed if this section is amended to allow such activities in the future with appropriate specified flood protection performance standards and the issuance of development permits.

Interpretation of district boundaries. Where interpretation is needed as to the exact location of the boundaries of the flood plain district as shown on the flood insurance rate map panels adopted in subsection (h)(3) of this section, as for example where there is a conflict between a mapped boundary and actual field conditions, the planning board shall make the necessary interpretation based on the 100 year flood elevation, if available, or by using other available technical data.

Variances. The board of adjustment shall submit by mail to the commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten days' notice of the hearing. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten days of such action. No variance shall have the effect of allowing any use prohibited in the flood plain district, permit a lower degree of protection than the regulatory flood protection elevation or permit standards lower than those required by state law. The city shall notify the applicant for a variance that:

The issuance of a variance to construct a structure below the 100-year flood elevation will result in increased insurance premium rates for flood insurance; and

Such construction below the 100-year flood elevation increases risk to life and property. The community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

(i)

Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(ii)

Variances shall only be issued by a community upon:

To hear requests for variances from the requirements of this chapter including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are particular difficulties in complying with this chapter. "Particular difficulties" are used in connection with the granting of a variance, means that the property owner purposes to use the property in a reasonable manner not permitted by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(iii)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.

Amendments. All amendments to the ordinance from which this section is derived must be submitted to and approved by the commissioner of natural resources prior to adoption.

Annexations. The flood insurance rate map panels adopted by reference in subsection (f)(3) of this section include floodplain areas that lie outside of the corporate boundaries of the city on the date of adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of the ordinance from which this section is derived, the newly annexed floodplain lands shall be subject to the provisions of this section immediately upon the date of annexation in the city.

(6)

Warning of disclaimer of liability. This section does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(7)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings, manufactured homes and other structures, recreational vehicles, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of materials or equipment.

Flood fringe means the portion of the floodplain located outside of the floodway. The flood fringe shall comprise those zone AE areas shown on the flood insurance rate map panels adopted in subsection (h)(3) of this section that are located outside of the floodway. Flood fringe boundaries and the regulatory flood protection elevation for zone A areas shown on the flood insurance rate map panels adopted in subsection (h)(3) of this section shall be determined on a case-by-case basis by the community in accordance with the criteria spelled out in Minn. R. 6120.5000—6120.6200 and 44 CFR 65.

Floodplain means the areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Floodway areas for zone AE are shown on the flood insurance rate map panels adopted in subsection (h)(3) of this section. Floodway boundaries and the regulatory flood protection for zone A areas shown on the flood insurance rate map panels adopted in subsection (h)(3) of this section shall be determined on a case-by-case basis by the community in accordance with the criteria spelled out in Minn. R. 6120.5000—6120.6200 and 44 CFR 65.

Lowest floor means the lowest floor of the lowest enclosed area (including basement).

Manufactured home/mobile home means a structure transportable in one or more sections which in the traveling mode is eight feet or more in width or 40 body feet (the length of the manufactured home less the tongue for towing) or more in length, or when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to required utilities, and includes the plumbing, heating and air conditioning and electrical systems contained therein, and which meets all the requirements established under M.S.A. § 327.31, as it may be amended from time to time, the Manufactured Home Building Code.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term "recreational vehicle" shall be synonymous with the term "travel trailer/travel vehicle."

Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study.

Regulatory flood protection elevation means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

Structure means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, and other similar items.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions.

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. For the purpose of this article, the term "historic structure" shall be as defined in 44 CFR 59.1.

(8)

Enforcement. Violation of the provisions of this section or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, shall constitute a misdemeanor and shall be punishable as defined by law. Each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly.

(9)

Nonconformities. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions:

No use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. There shall be no expansion to the outside dimension of a nonconforming structure in the floodplain.

Any structural alteration to a nonconforming structure or nonconforming use in the floodplain which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection (h)(9)d of this section

If any nonconforming use or structure is substantially damaged, as defined in subsection (h)(7) of this section, it shall not be reconstructed unless it is located in the flood fringe portion of the floodplain and it is reconstructed in accordance with the standards found in subsection (h)(9)e of this section.

If a substantial improvement occurs, as defined in subsection (h)(7) of this section, from any rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming structure, then the existing nonconforming structure must be located in the flood fringe portion of the floodplain and meet the requirements of subsection (h)(9)e of this section. A nonconforming structure shall not be substantially improved if the structure is located in the floodway.

The following standards and procedures apply to nonconforming structures that have been substantially damaged or substantially improved in the flood fringe portion of the floodplain:

All structures, including manufactured homes, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.

Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method.

Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the flood insurance rate map panels adopted in subsection (h)(3) of this section.

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

On-site sewage treatment and water supply systems, where public utilities are not provided.

(i)

On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and

(ii)

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

A permit issued by the planning board in conformity with the provisions of this section shall be secured prior to the commencement of construction.

Application for a permit shall be made in duplicate to the city administrator on forms furnished by the city and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

Prior to granting a permit, the planning board shall determine that the applicant has obtained all necessary state and federal permits.

Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill, building elevations or flood proofing measures were accomplished in compliance with the provisions of this section.

10.

Record of first floor elevation. The city shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations to existing structures in the floodplain. The city shall also maintain a record of the elevation to which structures or alterations to structures are floodproofed.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-51. - Planned unit developments.

(a)

Intent. The purpose of this section is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses. This might include, for example, tiny homes on solid perimeter foundations. These regulations are not intended as subdivision regulations and should not be confused as such.

(b)

Planned unit developments are an overlay over the zoning in which they are proposed.

(c)

Procedures and requirements for establishment of a planned unit development.

(1)

An application for a conditional use permit shall be filed and processed based upon procedures established by section 36-53 conditional use permits.

(2)

Development plan. The conditional use permit application shall be accompanied by a development plan, drawn to a scale of not more than 50 feet per inch, showing the following:

The entire outline, overall dimensions and area of the tract described in the application.

The use, zoning, and ownership of all adjacent properties within 100 feet of the tract boundaries including the location of all structures thereon and the right-of-way width and traveled width of all adjacent public roadways.

The existing and proposed topography of the tract with contour intervals not greater than five feet.

The location, general exterior dimensions, and approximate gross floor areas of all proposed buildings.

The type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use.

The proposed location, arrangement, and number of automobile parking stalls.

The proposed location, arrangement, and general dimensions of all truck loading facilities.

The location and dimensions of all vehicular entrances, exits and driveways and their relationship to all existing or proposed public streets.

The location and dimensions of pedestrian entrances, exits and walks.

The general drainage system.

The location and dimensions of all walls, fences and plantings designed to screen the proposed district from adjacent uses.

The types of all ground covers.

Standards for exterior finish, exterior lighting, location and type of exterior signs, architectural style and any other variables which will be controlled in the design of buildings in the development area.

Development schedule. The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and the completion date of the complete development plan.

(d)

Property control.

(1)

In order that the purposes of this section may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this article.

(2)

Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document and a set of floor plans shall be filed with the city; the filing with the city to be made prior to the filings of the declaration or document or floor plans with the recording officers of the county.

(3)

Approval of the city shall be secured as to the documents described in subsection (b)(2) of this section.

(4)

The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration.

(5)

The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners' proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner. The declaration of covenants, conditions and restrictions or equivalent document shall be recorded with the county recorder and a recorded copy with evidence of the recording shall be provided to the city.

(6)

The declaration shall additionally, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city, or fails to pay taxes or assessments on properties as they become due, and in the event the city incurs any expenses in enforcing its rules and regulations, which the expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made and, in addition, each such assessment, together with such interest thereon and such costs of collection thereof, shall also be a personal obligation of the person who was the owner of such property at the time when the assessment became payable.

(7)

It is the intent of this article to require subdivision of property simultaneous with application for conditional use. The subdivision and/or platting of land as planned unit development shall be subject to the requirements for approval and recording with the county recorder as have been established by the city.

(e)

General development provisions.

(1)

Yards/Setbacks.

The front and side yard setbacks at the exterior boundaries of the planned unit development shall be the same as imposed in the underlying districts.

No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street system.

(2)

Roadways.

Private roadways within the project shall have an improved surface to 20 feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building.

No portion of the required 20-foot road system may be used in calculating required off-street parking space.

(3)

Utility connection.

Water connections. Where more than one property is served from the same service line, a shut off valve must be located in such a way that each individual unit's service may be shut off by the city, in addition to the normally supplied shutoff at the street.

Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners' association or owner.

(4)

Building types. In addition to the conventional type of construction and arrangements of building, structure uses and property as allowed by this article, it shall be permissible to cluster, adjoin, and attach structures in a row house, townhouse, patio home or similar style of development within the planned unit development. The number of units or structures by density bonus provisions shall not exceed the number of units or structures allowable under the standard development requirements of the district classification which applies to the property.

(5)

Subdivision and ownership. It shall be permissible within a planned unit development to subdivide properties into lesser size parcels for individual ownership and create common open space areas in undivided proportions under joint ownership. Such ownership arrangements are commonly defined as condominium and/or cooperative developments. The joint area of the project must, however, conform to the minimum area requirements established for the respective district classification which jointly applies to the property.

(6)

Minimum project size.

Within residential districts, a planned unit development shall not be applied to a parcel of land containing less than one acre.

Within a commercial or industrial district, a planned unit development shall not be applied to a parcel of land containing less than one acre.

(7)

Density bonus. As a consequence of a PUD's planned and integrated character, the number of dwelling units allowed within the respective base zoning district may be increased based upon a finding by the city council that such an increase is consistent with the goals of the comprehensive plan and that the PUD provides for the stated objectives of this section. The building, parking and similar requirements for these extra units shall be observed in compliance with this chapter.

(8)

Public service. The proposed project shall be served by the city water and sewer and fire hydrants shall be installed at such locations as necessary to provide fire protection.

(f)

Review and evaluation. The review and evaluation of a proposed planned unit development and supportive materials and plans shall include, but not be limited to, the following criteria:

(1)

Adequate property control is established and provided to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep.

(2)

The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public.

(3)

A sufficient amount of usable open space is provided.

(4)

The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding uses.

(5)

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

(6)

The drainage and utility system plans are submitted to the city engineer and are subject to his approval.

(7)

The development schedule ensures a logical development of the site which will protect the public interest and conserve land.

(8)

Principal and accessory uses and requirements are in compliance with the district provisions in which the development is intended.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-52. - Temporary uses.

(a)

Purpose. The purpose of this section is to provide the city with a method of permitting temporary uses of land until a particular date, until the occurrence of a particular event or until the use is no longer permitted in the zoning district.

(b)

Application. Application for a temporary use permit shall be made to the zoning administrator, together with payment of the required fee. The application must be submitted by the owner of the permanent use and must provide the zoning administrator with a site plan for approval and a description of the proposed temporary use. The site plan must denote the layout of all structures and equipment for the temporary use and any additional written or graphic data reasonably required by the zoning administrator or the planning board in advance of the public hearing. Approval of the application is valid for one calendar year unless otherwise specified in the temporary use permit. A temporary use permit may be issued where the property owner has applied for a conditional use permit and the planning board or the council determines that the conditions for a conditional use permit are not met, but that the standards for a temporary use permit are met, and the owner agrees to the conditions set in the temporary use permit.

(c)

Procedure.

(1)

The zoning administrator shall forward the application to the planning board for consideration at its next regular meeting.

(2)

The zoning administrator or planning board shall set a date for public hearing. Notice of such hearing shall be published in accordance with state law and notice shall be published at least once in the official newspaper of the city and mailed or otherwise delivered to individual properties within 350 feet of the parcel included in the request not less than ten days, nor more than 30 days prior to the date of the hearing. Failure of a property owner to receive the notice shall not invalidate any such proceedings.

(3)

The planning board shall consider possible adverse effects of the proposed temporary use and what additional requirements may be necessary to reduce the adverse effects, and shall make recommendations to the council.

(4)

Upon receiving the report and recommendation from the planning board, the council shall have the option to hold an additional public hearing, if necessary, and may impose any conditions deemed appropriate as a condition of its permission for the temporary use. Approval of the temporary use shall require passage by a majority vote of the full council.

(d)

Standards. No temporary use shall be recommended by the planning board or approved by the council unless:

(1)

Temporary uses are allowed within the zoning district in which the property in question is located;

(2)

The use conforms to the zoning regulations;

(3)

The date or event that will terminate the use can be identified with certainty or the permit is limited to one calendar year;

(4)

Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

(5)

The user agrees to any conditions that the government body deems appropriate for permission of the use.

Approval of all temporary uses is contingent upon the applicant's signing of the temporary use permit, thereby agreeing to all conditions and the limitations on the permit.

(e)

Termination. Any temporary use may be terminated by:

(1)

A change in zoning regulations;

(2)

The expiration of the term set in the temporary permit;

(3)

The expiration of one calendar year from the issuance of the temporary permit if no other time limit is set in the permit; or

(4)

A violation by the permit holder of the conditions set on the temporary permit.

(f)

Extension of a temporary use; where a temporary use permit has been granted and the following are true:

(1)

No change in zoning.

(2)

No violations of the temporary use permit.

(3)

No complaints.

Then a temporary use extension can be issued administratively year to year without an additional fee.

(g)

Fees. To defray administrative costs of processing requests for temporary use permits, a nonrefundable fee shall be paid by the applicant at the time of the application. The amount of the fee shall be set by the council, adopted by resolution, and uniformly enforced. This fee may, from time to time, be amended by the council by resolution. The city shall also be reimbursed for any additional costs associated with review of the proposal as established by resolution of the council.

(h)

Compliance. Any temporary use permitted under the terms of this section shall be conducted in strict conformity with the conditions placed upon the permit, and failure to do so is grounds for withdrawal of the temporary use permit.

(i)

Lapse of temporary use permit. Whenever within four months after granting of a temporary use permit the use so permitted has not been started, then such permit shall become null and void, unless a petition for extension of time for the commencement of the use has been approved by the council.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-53. - Conditional use permits.

(a)

Purpose. The purpose of this section is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety.

(b)

Application. Applications for conditional use permits shall be made to the zoning administrator together with required fees. The application shall be accompanied by a site plan showing such information as is necessary to show compliance with this article, including, but not limited to:

(1)

Description of site (legal description).

(2)

Site plan drawn at scale showing parcel and building dimensions.

(3)

Location of all buildings and their square footage.

(4)

Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.

(5)

Landscaping and screening plans.

(6)

Drainage plan.

(7)

Sanitary sewer and water plan with estimated use per day.

(8)

Soil type.

(9)

Any additional written or graphic data reasonably required by the zoning administrator or the planning board.

(c)

Procedure.

(1)

The zoning administrator shall forward the application to the planning board for consideration at its next regular meeting.

(2)

The zoning administrator or planning board shall set a date for the official public hearing. Notice of such hearing shall be published in accordance with state law and notice shall be published at least once in the official newspaper of the city and mailed or otherwise delivered to individual properties within 350 feet of the parcel included in the request not less than ten days nor more than 30 days prior to the date of the hearing. Failure of a property owner to receive the notice shall not invalidate any such proceedings.

(3)

The planning board shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the council within 60 days after the first regular meeting at which the request was initially considered.

(4)

Upon receiving the report and recommendation for the planning board, the council shall have the option of holding a public hearing, if necessary, and may impose any conditions deemed necessary. Approval of a conditional use shall require passage by a majority vote of the full council.

(d)

Standards. No conditional use shall be recommended by the planning board unless the board shall find:

(1)

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

(2)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

(3)

That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

(4)

That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

(5)

That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

(6)

That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use.

(7)

The demonstrated need for the proposed use.

(8)

The proposed use is in compliance with any land use plan adopted by the city.

(e)

Fees. To defray administrative costs of processing requests for conditional use permits, a nonrefundable fee shall be paid by the applicant at the time the application is requested. The amount of this fee shall be set by the council, adopted by resolution, and uniformly enforced. This fee may, from time to time, be amended by the council by resolution. The city shall also be reimbursed for any additional costs associated with the review of a proposal as established by resolution of the council.

(f)

Compliance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permits and of any conditions designated in connection therewith.

(g)

Lapse of conditional use permit by non-use. Whenever within one year after granting the conditional use the work permitted has not been started, then such permit shall become null and void unless a petition for an extension has been approved by the council.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-54. - Amendments; rezoning.

(a)

Initiation. The council or the planning board may, upon their own motion, initiate a request to amend the text or the district boundaries of this article. Any person, persons, firm or corporation, or their expressed agent owning real estate within the city, may initiate a request to amend the district boundaries and/or text of this article so as to affect the real estate.

(b)

Procedure.

(1)

A request together with copies of detailed written and graphic materials fully explaining the proposal for an amendment to this article shall be filed with the zoning administrator and shall be accompanied by a nonrefundable fee to be set by the council, adopted by resolution and uniformly enforced. This fee may, from time to time, be amended by the council by resolution.

(2)

The zoning administrator shall refer the amendment request along with all related information to the planning board for consideration and a report and recommendation to the council.

(3)

The planning board shall consider the amendment request as soon as is practical. The zoning administrator shall refer such amendment proposal along with all related information to the planning board.

(4)

The zoning administrator or planning board shall set a date for the official public hearing. Notice of such hearing shall be published in conformance with the state law and individual notices. If it is a district change request, it shall be mailed or otherwise delivered not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the assessment records, within 350 feet of the parcel included in the request. Such notice shall also be published in the official newspaper within the above time periods. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this article.

(5)

After reaching a decision, the planning board shall make its report and recommendation to the city council.

(6)

In the event that the city council receives no report from the planning board in a timely fashion, the council may act without a report from the planning board.

(7)

Upon receiving the reports and recommendation of the planning board, the council shall place the amendment request on its agenda as soon as is practical and make a final decision on the request. Reports and recommendations of the planning board shall be entered into and made part of the permanent written record of the city council meeting.

(8)

The council shall have the option to set and hold a public hearing if deemed necessary for reaching a decision.

(9)

Amendment of this chapter shall be by a majority vote of the full council.

(10)

The zoning administrator shall notify the originator of the amendment request of the council's decision in writing.

(11)

The zoning administrator shall record its resolution granting or denying the request for rezoning.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-55. - Variance; appeals.

(a)

Board of adjustment. The board of adjustment shall be the city council. The full council acting as a board of adjustment shall act on all questions as they may arise in the administration of this article, including the interpretation of zoning maps, and it shall decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing this article. Such appeal may be taken by any person owning the property under appeal or by an officer, department, board, or commission.

(1)

The board of adjustment shall have the exclusive power to order the issuance of a variance from the requirements of any official control under this article, including restrictions placed on nonconformities. It is intended that this power to issue variances from the strict application of the requirements of this article should apply primarily in cases of exceptionally irregular, narrow or shallow lots, or to other exceptional physical conditions whereby the strict application of the official controls of this article would result in practical difficulties that would deprive the owner of the reasonable use of the land or buildings involved.

(2)

Any appeal of a board of adjustment decision shall be made to the district court. Decisions of the board of adjustment shall be final, except in the event of a timely appeal to the district court.

(b)

Authorization of variances subject to evidence of conditions. No variance in the provisions or requirements of this chapter shall be authorized by the board of adjustment unless it finds evidence that all of the following facts, conditions and standards have been shown:

(1)

The variance requested to be permitted is in harmony with the general purpose and intent of this chapter and is consistent with the comprehensive plan.

(2)

The applicant has shown that there are practical difficulties in complying with this chapter. "Practical difficulties" as used in connection with the granting of a variance means:

The property owner proposes to use the property in a reasonable manner not prohibited by this chapter;

The predicament of the land owner is due to circumstances unique to the property and not created by the land owner. This means that there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district; and

The variance, if granted, will not alter the essential character of the locality.

Economic considerations alone cannot constitute practical difficulties.

Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(c)

Additional considerations.

(1)

The board of appeals and adjustments, or the governing body, as the case may be, may not permit as a variance any use that is not allowed under this chapter for property in the zone where the affected person's property is located.

(2)

The board or governing body, as the case may be, may permit as a variance the temporary use of one's family dwelling as a two-family dwelling.

(3)

The board or governing body, as the case may be, may impose conditions on granting the variance. A condition must be directly related to and must bear rough proportionality to the effect created by the variance.

(4)

The board or governing body, as the case may be, may consider whether authorizing such a variance would constitute a substantial detriment to adjacent property or materially impair the intent and purpose of this chapter.

(5)

Variances shall be granted for earth shelter construction as defined in M.S.A. § 216C.07, Subd. 4, when in harmony with this chapter.

(d)

Procedure for appeal.

(1)

Requests for a variance or appeal shall be filed with the zoning administrator and shall be accompanied by a non-refundable fee in an amount to be set by the council, adopted by resolution and uniformly enforced. This fee may, from time to time, be amended by the council by resolution.

(2)

The planning commission shall consider the request as soon as is practical and shall make recommendation to the board of adjustments.

(3)

Upon receiving the recommendation of the planning commission, the board of adjustments shall set and hold a public hearing on the request. Notice of such hearing shall be held not less than ten days in advance nor more than 30 days prior to the public hearing and shall be sent to the owners of property within 350 feet of the affected parcel as determined by the zoning administrator. Such notice shall be published in the official newspaper within the above time period. Failure of a property owner to receive the notice shall not invalidate any such proceedings.

(4)

A variance of this chapter shall be by majority vote of the full board of adjustment.

(5)

Within a reasonable time after the hearing, the board of adjustment shall make its order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail.

(6)

The zoning administrator shall record the council's written decision granting or denying the variance request.

(e)

Lapse of variance. If, within one year after granting a variance, the work permitted is not started, such a variance shall become null and void unless a petition for an extension has been approved by the council.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-56. - Environmental documents.

(a)

Intent. It is the intent of this section to implement the environmental review procedures to follow the provisions of M.S.A. ch. 116D, relating to the environmental review program and any rules adopted thereunder by the state environmental quality board. All terms used in this section shall have the same meaning as the terms used in M.S.A. ch. 116D. The provisions of the rules for the environmental review program, Minnesota State Rule 6 MCAR 3.021 to 3.047 are adopted and are on file in the office of the city administrator.

(b)

Cost of preparation and review.

(1)

The applicant for a permit for any action for which environmental documents are required either by state law or rules or by the council shall supply in the manner prescribed by section 36-53 entitled conditional use permit all unprivileged data or information reasonably requested by the city that the applicant has in his possession or to which he has reasonable access.

(2)

The applicant for a permit for any action for which an Environmental Assessment Worksheet (EAW) is required either by state law or rules or by the council shall pay all costs of preparation and review of the EAW, and, upon the request of and in the manner prescribed by the city administrator, shall prepare a draft EAW and supply all information necessary to complete that document.

(3)

The city and the applicant for a permit for any action for which an Environmental Impact Statement (EIS) is required shall hire their own engineering firm to complete the EIS and shall comply with the provisions of the rules governing assessment of costs for environmental impact statements, one copy of which is on file in the office of the city administrator, unless the applicant and the council provide otherwise by a written agreement.

(4)

No permit for an action for which an EAW or EIS is required shall be issued until all costs of preparation and review by the city's engineer which are to be paid by the applicant are paid, and all information required is supplied, and until the environmental review process has been completed as provided in this article and the rules adopted by reference by this article, and pursuant to any written agreement entered into by the applicant for the permit or permits and the council.

(5)

The applicant for a permit for any action for which an EAW or EIS is required and the council may, in writing, agree as to a different division of the costs of preparation and review of any EAW or EIS as provided in Minnesota State Rule 6 MCAR 3.042.

(c)

Administration.

(1)

The city administrator shall be the person responsible for the administration of the environmental review program, this article, and rules adopted by reference by this article.

(2)

The city administrator shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under Minnesota State Rule 6 MCAR 3.024. The city administrator shall also determine those proposed actions for which an optional EAW may be required under the provisions of this article and shall notify the planning board and the council of these proposed actions.

(3)

All EAWs and EISs shall be prepared under the supervision of the city administrator, reviewed by the planning board and reviewed and approved by the council.

(4)

When reviewing an EAW or EIS, the city administrator and the planning board may suggest design alteration which would lessen the environmental impact of the action. The council may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the action.

(5)

After an EAW is prepared, the planning board shall review the EAW and recommend to the council whether or not it should require the preparation of an EIS. The council shall require an EIS when it finds under Minnesota State Rule 6 MCAR 3.025 that an action is major and has potential for significant environmental effects.

(d)

Optional EAW. The council may, upon recommendation by the city administrator, require that an optional EAW be prepared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects. The following guidelines shall also be considered in determining whether an optional EAW shall be required:

(1)

Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically pleasing?

(2)

Is the action likely to have disruptive effects such as generating traffic and noise?

(3)

Are there public questions or controversy concerning the environmental effects of the proposed actions?

(e)

Enforcement.

(1)

No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this article are completed.

(2)

No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established by this article are fully complied with.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-57. - Enforcement.

This article shall be administered and enforced by the city administrator, or authorized representative. The city administrator may institute appropriate action for any violations of this article at the direction of the council and through the attorney as deemed necessary.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Paynesville City Zoning Code

ARTICLE II

- DISTRICTS

Sec. 36-39. - General district provisions.

(a)

Establishment of districts. The following district classifications are established:

(1)

A-1 agricultural district.

(2)

R single-family residential district.

(3)

R-1 single- and two-family residential district.

(4)

R-2 multiple-family residential district.

(5)

R-M manufactured home district.

(6)

R-1A low density multifamily residential district.

(7)

C-1 central downtown district.

(8)

C-2 highway commercial district.

(9)

I-1 light industrial district.

(10)

I-2 heavy industrial district.

(11)

Shoreland overlay district.

(b)

Zoning district application.

(1)

(2)

(c)

(d)

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-40. - A-1 agricultural district.

(a)

(b)

Permitted Uses. Permitted Uses in the A-1 District are as follows:

(1)

(2)

Single-family dwellings.

(3)

Public parks, recreational areas, playgrounds, athletic fields, in duding, dugouts and grandstands.

(4)

Nurseries and tree farms.

(5)

Essential services.

(6)

Slaughtering, limited to livestock raised on the farmstead.

(7)

Manufactured homes; one per farm for farm employees.

(8)

Raising of farm animals and crops.

(9)

Cannabis cultivation.

(c)

Permitted accessory uses. Permitted accessory uses in the A-1 district are as follows:

(1)

Operation and storage of vehicles, machinery and equipment which is incidental to permitted or conditional uses allowed in this district.

(2)

Boarding or renting of rooms to not more than two persons.

(3)

Living quarters for persons employed on the private premises or families of the owner of the primary farm dwelling.

(4)

Home occupations, with a temporary use permit.

(5)

Private swimming pools and tennis courts.

(6)

Outdoor displays.

(d)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth and regulated in this section:

(1)

Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community.

(2)

Commercial outdoor recreational areas including golf courses, club houses, swimming pools, tennis courts, and similar facilities.

(3)

(4)

(5)

Churches, schools, and similar uses.

(6)

Uses which in the judgment of the planning board and the council are similar to those listed in this zoning district.

(7)

Planned unit development.

(e)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
1 acre	100'	15' each	30'	50'	40%

*See definition of setbacks.

(2)

Building height. Residential structures hereafter erected shall not exceed 35 feet in height at the highest point of the roof surface. Agricultural buildings shall be exempt from these requirements.

(3)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(f)

Temporary uses. The following uses may be permitted under a temporary use permit on the procedures set forth and regulated herein:

(1)

Any use that may be permitted by a conditional use permit, but which the planning board and/or council determine should first be tried on a temporary basis.

(2)

Temporary living quarters for seasonal and/or other types of workers engaged in a project of a limited duration.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), §§ 5, 14, 12-9-2024)

Sec. 36-41. - R single-family residential district.

(a)

Intent. Areas occupied by single-family dwellings are designed to promote the development of owner-occupied homes with standards promoting such ownership, community growth and limit overcrowding.

(b)

Permitted uses. Permitted uses in the R district are as follows:

(1)

Single-family dwellings.

(2)

Public parks and playgrounds.

(3)

Essential services.

(c)

Permitted accessory uses. Permitted uses in the R district are as follows:

(1)

Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial recreational equipment.

(d)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth in this article:

(1)

Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community.

(2)

Public or semi-public recreational buildings.

(3)

In-home day cares.

(e)

Lot, yard, area and height requirements.

(1)

Lot, yard and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Side Setbacks	Front Yard Setback	Rear Yard Setback	Lot Coverage
10,000 square feet	75'	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear, and side yard setbacks from all alleys shall be five feet, except where 15 feet is required under section 36-5(c).

(2)

Building height. Residential structures shall not exceed 35 feet in height at the highest point of the roof surface.

(3)

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(5)

All homes, including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit and other required permits.

Have ground floor space of not less than 800 square feet.

Have a width of 24 feet at the narrowest point.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 6, 12-9-2024)

Sec. 36-42. - R-1 single- and two-family residential district.

(a)

(b)

Permitted uses. Permitted uses in the R-1 district are as follows:

(1)

Single- and two-family dwellings.

(2)

Public parks, swimming facilities, tennis courts, and playgrounds, athletic fields, including dugouts and seating areas.

(3)

Essential services.

(4)

Agriculture other than the raising and keeping of livestock.

(5)

In-home day cares.

(6)

Used dwellings or manufactured homes with the passage of a pre-moved building inspection conducted by the city's building official.

(c)

Permitted accessory uses. Permitted accessory uses in the R-1 district are as follows:

(1)

Garages, parking spaces, carports for passenger cars, trucks and recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial and recreational equipment.

(5)

Boarding or renting rooms to not more than two persons.

(d)

(1)

(e)

Temporary uses. The following uses require a temporary use permit following the procedure set forth in section 36-52, home occupations.

(f)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth in this section:

(1)

Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community.

(2)

Residential planned unit developments, regulated by section 36-51, and townhouses.

(3)

Public or semi-public recreational buildings, community centers and daycare centers.

(4)

Nurseries, but not including greenhouses, farm or truck gardens, display, and sale of agricultural products.

(5)

Churches, libraries, museums, schools, memorial buildings, and hospitals.

(6)

Commercial day care centers.

(7)

Planned unit developments.

(g)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
Single Family
10,000 square feet	50' existing	5'	13'	20'	5'	40%
	75' platted	5'	13'	20'	5'	40%
Two Family
10,000 square feet	75'	5'	13'	20'	5'	40%
Townhouses
5,000 square feet per unit	75'	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear, and side yard setbacks from all alleys shall be five feet except where 15 feet is required under section 36-5(c).

(2)

(3)

Building height. Residential structures hereafter erected shall not exceed 35 feet in height at the highest point of the roof surface.

(4)

Building dimensions. Residential structures hereafter erected shall have a minimum length of 24 feet and a minimum width of 24 feet and a minimum ground floor area of not less than 800 square feet.

(5)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(6)

All homes, including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit or any other required permits.

Have ground floor space of not less than 800 square feet.

Have a width of 24 feet at the narrowest point.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 7, 12-9-2024)

Sec. 36-43. - R-2 multiple-family residential district.

(a)

(b)

Permitted uses. Permitted uses in the R-2 district are as follows:

(1)

All permitted uses as allowed in an R-l single- and two-family residential district.

(2)

Multiple-family dwelling units.

(3)

Boarding houses and rooming houses.

(4)

Nursing homes, rest homes and assisted living facilities.

(5)

Apartment buildings.

(6)

In home day cares.

(7)

Used dwellings or manufactured homes with the passage of a pre-moved building inspection conducted by the city's building official.

(c)

Permitted accessory uses. Permitted accessory uses in the R-2 district are as follows:

(1)

Garages, parking spaces, carports for passenger cars, trucks and recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial and recreational equipment.

(d)

(e)

(1)

This tract is being conveyed for purposes of attachment to a contiguous lot, to-wit: (include the legal description of the parcel to which it is being attached). This tract shall hereafter not be considered a separate tract, lot, parcel. or subdivision of land for purposes of conveyance, but rather a part of the lot or tract to which it is being attached, unless the tract shall become part of a duly recorded plat where the city shall consent to a lot split in accordance with the requirements of chapter 30, article.

(2)

(f)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth in this section:

(1)

All conditional uses, subject to the same provisions as allowed in the R-1 single- and two-family residential district.

(2)

Funeral home, provided yard area and screening are adequate to buffer adjoining properties, and adequate parking provided.

(3)

Clinics and other buildings for treatment of human beings contingent upon adequate parking being provided.

(4)

Commercial day care centers.

(g)

Lot, yard, area, and height requirements.

(1) Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Family Square Feet	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
Single Family
10,000 square feet	50' existing	7,000	5'	13'	20'	5'	40%
	75' platted	7,000	5'	13'	20'	5'	40%
Two Family
10,000 square feet	75'	5,000	5'	13'	20'	5'	40%
Three-Family or More
	75'	2,500	5'	13'	20'	5'	40%
Apartment Building
	75'	10,000	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear and side yard setbacks from all alleys shall be five feet except where 15 feet is required under section 36-5(c).

(2)

(3)

Building height. Residential structures hereafter erected shall not exceed two and one-half stories or 35 feet in height at the highest point of the roof surface.

(4)

Building dimensions. Residential structures hereafter erected shall have a minimum length of 24 feet and a minimum width of 24 feet.

(5)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(6)

All homes, including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit and other required permits.

Have ground floor space of not less than 800 square feet.

Have a width of 24 feet at the narrowest point.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 8, 12-9-2024)

Sec. 36-44. - R-m manufactured home district.

(a)

(b)

Permitted uses. Permitted uses in the R-M district are as follows:

(1)

Manufactured homes.

(2)

Manufactured home parks with a conditional use permit.

(3)

Manufactured home park office, laundry, recreation, and storm shelter facilities provided these structures are permanent in nature.

(c)

Permitted accessory uses. Permitted accessory uses in the R-M district are as follows:

(1)

Private garages and parking spaces;

(2)

Tool houses and similar buildings for the storage of domestic equipment and noncommercial recreational equipment;

(d)

(e)

(1)

(2)

(f)

Conditional uses. All manufactured home parks shall require a conditional use permit in addition to being located in the manufactured home zoning district.

(g)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirement.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
5,000 square feet	50'	5'	13'	15'	5'	50%

*See definition of setbacks.

(2)

The maximum building height shall not exceed 20 feet to the highest point of the roof surface.

(3)

Maximum coverage. Shall not exceed 50 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(h)

Other requirements.

(1)

(2)

An application for a manufactured home park shall be accompanied by the same data, map, and information required for other plats or subdivisions within the city.

(3)

(4)

Landscaping required:

Each manufactured home park shall provide and maintain a ten-foot landscaped strip around the perimeter of the property.

Each manufactured home site shall be provided with a tree, and all unpaved areas shall be suitably sodded.

(5)

Commercial sales and/or commercial storage of manufactured homes shall be prohibited in a manufactured home park.

(6)

Paved private streets serving the manufactured home park shall not be less than 28 feet in width and for parking on one side of the street.

(7)

Each manufactured home park shall provide a storm shelter with sufficient space to accommodate all of its residents.

(8)

Each manufactured home within a manufactured home park shall be properly and completely skirted.

(9)

Manufactured homes shall comply with the state department of labor and industry. Manufactured Home Rules chapter 1350.00 et seq.

(10)

(11)

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 9, 12-9-2024)

Sec. 36-45. - R-1A low density multi-family residential district.

(a)

(b)

Permitted uses. Permitted uses in the R-1A district are as follows:

(1)

All permitted uses as allowed in an R-1 single- and two-family residential district.

(2)

Multi-family dwelling units consisting of no more than five units per structure and one unit per lot will require a conditional use permit.

(c)

Permitted accessory uses. Permitted accessory uses in the R-1A district are as follows:

(1)

Garages, parking spaces, carports for passenger cars, trucks and recreational vehicles and equipment.

(2)

Home occupations, with a temporary use permit.

(3)

Private swimming pools and tennis courts.

(4)

Tool houses and similar buildings for storage of domestic equipment and noncommercial and recreational equipment.

(d)

(e)

(1)

This tract is being conveyed for purposes of attachment to a contiguous lot, to-wit: (include the legal description of the parcel to which it is being attached). This tract shall hereafter not be considered a separate tract, lot, parcel, or subdivision of land for purposes of conveyance, but rather a part of the lot or tract to which it is being attached, unless the tract shall become part of a duly recorded plat or where the city shall consent to a lot split in accordance with the requirements of chapter 30, article V.

(2)

(f)

Conditional uses. The following uses require a conditional use permit based on the procedures set forth herein:

(1)

Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community.

(2)

Residential planned unit developments regulated by section 36-51 and townhouses.

(3)

Public or semi-public recreational buildings, community centers and daycare centers.

(4)

Nurseries, but not including greenhouses, farm or truck gardens, display, and sale of agricultural products.

(5)

Churches, libraries, museums, schools, memorial buildings, and hospitals.

(g)

Lot, yard, area, and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area	Lot Width	Side Yard Setback	Total Both Sides Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
Single Family
7,000 square feet	50' existing	5'	13'	20'	5'	40%
	75' platted	5'	13'	20'	5'	40%
Two Family
10,000 square feet	75'	5'	13'	20'	5'	40%
Multi-Family Dwelling Units; Up To Five Units Per Structure
5,000 square feet per unit	75'	5'	13'	20'	5'	40%

*See definition of setbacks.

In addition to the foregoing, front, rear and side yard setbacks from all alleys shall be five feet, except where 15 feet is required under section 36-5(c).

(2)

(3)

Building height. Residential structures hereafter erected shall not exceed 35 feet in height to the highest point of the roof surface.

(4)

Building dimensions. Residential structures hereafter erected shall have a minimum length of 24 feet and a minimum width of 24 feet.

(5)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(6)

All homes including manufactured homes shall:

Comply with all zoning regulations for the zone in which they are located.

Obtain a building permit and any other required permits.

Have ground floor space of less than 800 square feet.

No such home shall have a width of less than 24 feet at its narrowest point.

Have a pitched roof covered with shingles, metal, or tile, and have eaves of not less than six inches.

Be built in compliance with Minnesota Statutes, the state building code or statutes regulating manufactured homes.

Be connected to city utilities when available.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 10, 12-9-2024)

Sec. 36-46. - C-1 central downtown district.

(a)

(b)

Permitted Uses. Permitted Uses in the C-1 District are as follows:

(1)

Antique shops.

(2)

Apartments;

Exclusive apartment building.

(3)

Apparel shops.

(4)

Appliance shops.

(5)

Arcades and entertainment centers.

(6)

Art galleries, including commercial display and sales.

(7)

Art schools and studios.

(8)

Art supply stores.

(9)

Assembly (small) of component party without manufacturing.

(10)

Auction rooms.

(11)

Auto sales and service.

(12)

Automobile parts stores.

(13)

Automobile repair and service.

(14)

Bakeries.

(15)

Ballroom, dance hall.

(16)

Banks, savings, loans and credit unions.

(17)

Bars (on-sale).

(18)

Barbers, beauty shops, salons, related activities including therapeutic massage, tanning and nail technicians.

(19)

Book stores.

(20)

Bicycle stores.

(21)

Blue printing and copying.

(22)

Bowling alleys.

(23)

Brewhouses.

(24)

Brew pubs.

(25)

Business and office equipment stores.

(26)

Cabinet shop for the production of cabinets.

(27)

Camera and photographic supplies.

(28)

Candy, ice cream and confectionery stores.

(29)

Cannabis delivery.

(30)

Cannabis retail.

(31)

Car and pet washes.

(32)

Caterers.

(33)

Churches and other religious institutions.

(34)

Cider houses.

(35)

Clubs and lodges.

(36)

Coffee shops.

(37)

Contractors: Electric, general, painting, decorating, HVAC and plumbing.

(38)

Convenience stores.

(39)

Dental, medical, chiropractic and scientific clinics and laboratories including mental health and treatment of human beings.

(40)

Department, discount, and variety stores.

(41)

Dressmakers, seamstresses, tailors, embroidery, and silk screening.

(42)

Drive-in facilities, accessory to a principal use.

(43)

Dry-cleaning, laundromats, and diaper services.

(44)

Exterminators.

(45)

Fitness center.

(46)

Floral sales.

(47)

Flooring and home décor.

(48)

(49)

Funeral homes/crematoriums.

(50)

Furniture stores.

(51)

Garden supply stores.

(52)

Gift and souvenir stores.

(53)

Government buildings.

(54)

Grocery stores.

(55)

Gunsmiths.

(56)

Hardware stores.

(57)

Health clubs.

(58)

Health equipment and sporting goods stores.

(59)

Hobby stores.

(60)

Imaging and data storage.

(61)

Insurance agencies.

(62)

Interior decorators.

(63)

Janitorial services.

(64)

Jewelry stores.

(65)

Laundry, self-service.

(66)

Liquor stores (off-sale).

(67)

Locksmiths.

(68)

Medical appliance sales and fittings.

(69)

Motorcycle sales.

(70)

Multiple-family dwellings.

(71)

Music stores, including the sale of instruments and recorded music.

(72)

Newspaper/news shops.

(73)

Optical goods and services.

(74)

Paint and wallpaper stores.

(75)

Parking lots and parking structures or garages.

(76)

Parks and playgrounds.

(77)

Pharmacies.

(78)

Photo studios and picture processing and equipment sales.

(79)

Post offices.

(80)

Professional service offices such as: accountants, attorneys, title, realtors, counseling/treatment, medical, dental, and optical.

(81)

Public utility buildings.

(82)

Quilt shops.

(83)

Radio and television broadcasting, including transmitters, and studios.

(84)

Recreational services (indoor) such as paintball, laser tag, arcades, and fitness.

(85)

Repair, rental, and service shops, provided the sale of the articles repaired, rented, or serviced shall be permitted in the district.

(86)

Restaurants.

(87)

Retail stores.

(88)

Row houses.

(89)

Single- and two-family dwellings.

(90)

Shoe stores and shoe repair.

(91)

Stationary and greeting card stores.

(92)

Taxidermists.

(93)

Theaters, excluding drive-ins.

(94)

Thrift store/secondhand stores.

(95)

Ticket agencies and travel bureaus.

(96)

Toy stores.

(97)

Upholstery shops.

(98)

Veterinarians, including observation kennels for domestic pets, provided that all such kennels are within completely enclosed structures.

(99)

Video rentals, sales, and other similar retail services.

(100)

Wineries.

(c)

Permitted accessory uses.

(1)

Off-street parking and loading areas in compliance with section 36-5 entitled general requirements.

(2)

Commercial or business buildings for a use accessory to the principal use.

(3)

Signs as regulated by this chapter.

(4)

Patios outdoor seating for the service of food and beverages.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein and meet all requirements of section 36-5 entitled general requirements:

(1)

Commercial planned unit developments regulated herein.

(2)

Planned unit developments.

(3)

Hotel and motels.

(4)

Completely enclosed firing ranges.

(e)

Lot, yard, area, height, and parking requirements.

(1)

For uses allowed in the C-1 district, there will be no requirements for lot areas, frontage, lot coverage, yard sizes, parking or loading requirements except as specifically provided herein.

(2)

Building height. Buildings hereafter erected shall not exceed 45 feet in height at the highest point of the roof surface.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), § 15, 12-9-2024)

Sec. 36-47. - C-2 highway commercial district.

(a)

Intent. The highway commercial district serves to utilize the Business 23, Highway 23, and Highway 55 corridors to develop local businesses.

(b)

Permitted Uses. Permitted uses in the C-2 district are as follows:

(1)

All permitted uses as allowed in the C-1 district.

(2)

Other recreational services.

(3)

Farm implement sales and services.

(4)

Landscape nurseries, greenhouses, rental storage units, lumber yards and body shops.

(5)

Hotels, motels, hospitals and storage facilities.

(6)

Cannabis cultivation.

(7)

Hemp manufacturing.

(8)

Cannabis retail.

(9)

Cannabis delivery.

(c)

Permitted accessory uses.

(1)

All permitted accessory uses in the C-1 district.

(2)

Off-street parking and loading facilities including semitrailers.

(3)

Open air display areas for the sale of manufactured products such as garden furniture, hardware items, nursery stock, or rental of manufactured products or equipment including mobile home sales lots.

(4)

Signs as regulated by this chapter.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein:

(1)

All conditional uses allowed in the C-1 district.

(2)

Recreational camping areas provided:

Land area is adequate for the proposed use.

The site is serviced by an adequately paved arterial street.

Utilities are provided to each site and approved by the city engineer.

(3)

Planned unit development.

(e)

Lot, yard, area and height requirements.

(1)

Lot, yard, and area requirements.

Minimum Lot Requirements
Lot Area Square Feet	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
As necessary	80'	10'	25'	20'	50%

*See definition of setbacks.

(2)

(3)

Building height. Commercial structures hereafter erected shall not exceed 45 feet in height to the highest point of the roof surface.

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(f)

Temporary uses. The following uses may be permitted under a temporary use permit on the procedures set forth and regulated herein:

(1)

Any use that may be permitted by a conditional use permit, but which the planning commission and/or council determine should first be tried on a temporary basis.

(2)

Temporary living quarters for seasonal and/or other types of workers engaged in a project of a limited duration.

(g)

Open outdoor sales, service or rental as an accessory use provided:

The area is fenced or screened from abutting properties.

Sales areas are surfaced to control dust.

(h)

Any and all loading and unloading of any kind cannot be done in the road right-of-way.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), §§ 11, 16, 12-9-2024)

Sec. 36-48. - I-1 light industrial district.

(a)

(b)

Permitted uses. Permitted uses in the I-1 district are as follows:

(1)

(2)

Subdivision 2. Permitted Uses. Except as specifically limited herein, the following uses are permitted in the light industrial district:

Automobile, airplane, and farm implement assembly.

Cannabis manufacturing.

Cannabis transportation.

Cannabis wholesale.

Contractors equipment and storage yards, including outdoor storage of building supplies.

Feed and seed sales.

Grain storage elevators and buildings.

Light manufacturing includes, but is not limited to, the following:

Manufacture or assembly of automobiles, boats less than 100 feet in length, and electrical appliances and equipment;

Bottling, all beverages;

Manufacture of glass and glass products, ceramics, china, pottery, and other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

Metal working, such as stamping, welding, machining, extruding, engraving, plating, grinding, polishing, cleaning, and heat treating.

Machine shops, public and private garages.

Public utility and service buildings and gas regulator stations.

Recyclable material collection (temporary or permanent).

Sales, service, rental of equipment.

Storage buildings.

Transformer station with storage yards.

Trucking.

Wholesale business and warehousing storage.

Outdoor storage.

Hemp manufacturing.

(c)

Permitted accessory uses. Permitted accessory uses in the I-1 district are as follows:

(1)

Off-street parking and loading.

(2)

Open and outdoor storage.

(3)

Offices accessory to a principal use.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein:

(1)

Subdivision 3. Conditional uses. Except as specifically limited herein, the following uses may be allowed in the light industrial district by conditional use permit:

Any use of a manufacturing type which has heavy odors, smoke or other obnoxious or distasteful smells or appearances or excessive noise.

Electricity generating facilities, when not determined to be objectionable due to noise, odor, or vibration.

Industrial planned unit developments regulated by section 36-51 entitled planned unit developments.

Planned unit developments.

Transportation of freight terminals.

(e)

Lot, yard, area and height requirements.

(1)

Lot, yard, area and area requirements.

Minimum Lot Requirements
Lot Area Square Feet	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
As necessary	100'	10'	25'	20'	50%

*See definition of setbacks.

(2)

Abutting railroad. Where a property abuts a railroad no side or rear yard shall be required when a railroad loading facility is to be installed.

(3)

Building height. No structure hereafter erected shall exceed 45 feet in height at the highest point of the roof surface, except for storage silos cannot exceed 90 feet in height.

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(f)

Any and all loading and unloading of any kind cannot be done in the road right-of-way.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 55(3rd Series), §§ 12, 17, 12-9-2024)

Sec. 36-49. - I-2 heavy industrial district.

(a)

(b)

Permitted Uses. Permitted uses in the I-2 district are as follows:

(1)

All uses permitted in the I-1 light industrial district.

(2)

Manufacturing of cement, concrete, lime gypsum or plaster.

(3)

Cleaning and dyeing plants.

(4)

Milk processing.

(5)

Concrete mixing and concrete products manufacturing.

(6)

Cannabis manufacturing.

(7)

Hemp manufacturing.

(8)

Cannabis wholesale.

(9)

Cannabis transportation.

(c)

Lot, yard, area and height requirements.

(1)

Lot, yard, area and area requirements.

Minimum Lot Requirements
Lot Area Square Feet	Lot Width	Side Yard Setback	Front Yard Setback	Rear Yard Setback	Lot Coverage
As necessary	100'	10'	25'	20'	50%

*See definition of setbacks.

(2)

Abutting railroad. Where a property abuts a railroad no side or rear yard shall be required when a railroad loading facility is to be installed.

(3)

(4)

Maximum coverage. Shall not exceed 40 percent. Lot coverages shall be calculated by the total area under the rooflines including eaves/overhangs.

(5)

Height and yard exceptions.

(d)

Conditional uses. The following uses shall require a conditional use permit based on the procedures set forth herein:

(1)

(2)

Bulk fertilizer, sales, storage, and manufacturing.

(3)

Compost facility.

(4)

Distillation of bone, coal, tar, petroleum, refuse, grain, or wood.

(5)

Explosive manufacturing or storage.

(6)

Fertilizer manufacturing, compost, or storage.

(7)

Garbage, dead animals, refuse, rancid fats, incineration, glue manufacturing, size or gelative manufacturing where the processes include the refining or recovery of products from animal refuse.

(8)

Livestock feeding yards, slaughtering of animals or stock yards.

(9)

Petroleum or asphalt refining, manufacturing, or storage.

(10)

Smelting or refining of metals from ores.

(11)

Steam and board hammers and forging presses.

(12)

Storing, curing, and tanning of raw, green, or salted hides or skins.

(13)

Corrosive acid manufacturing or bulk storage thereof.

(14)

Junkyards and auto reduction.

(15)

Industrial planned unit development regulated herein.

(16)

Gravel pits, gravel and sand washing and grading, rock crushing, washing, and grading, quarrying and related uses.

(e)

Any and all loading and unloading of any kind cannot be done in the road right-of-way.

(Ord. No. 36(3rd Series), § 1, 9-12-2022; Ord. No. 43(3rd Series), §§ 1, 2, 7-10-2023; Ord. No. 55(3rd Series), §§ 13, 18, 12-9-2024)

Sec. 36-50. - Shoreland overlay district.

(a)

Definition. Shoreland means the land located within the following distances from public waters:

(1)

1,000 feet from the normal high-water mark of a lake, pond, or flowage;

(2)

(b)

(c)

General Development Lakes and Streams: North Fork Crow River.

(d)

(e)

(1)

(2)

(3)

General Development Water
	Unsewered	Sewered
		Waterfront	Other
Lot area (ft.)	20,000'	15,000'	10,000'
Water frontage and lot width at building line (ft.)	100'	75'
Building setback from ordinary high-water mark (ft.)	75'	50'
Building setback from roads and highways (ft.)	20'
Elevation of lowest floor above highest know water level (ft.)	4'
Building height limitation (ft.)	35'
Total lot area covered by impervious surface (%)	30%
Sewage system setback from ordinary high-water mark (ft.)	50'
Sewage system elevation above highest groundwater level or bedrock (ft.)	4'