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Pine City City Zoning Code

CHAPTER 13

108 ADDITIONAL DEVELOPMENT REQUIREMENTS FOR CERTAIN USES

13.108.010 Active Outdoor Institutional

Facilities using night lighting and adjoining a residentially zoned property shall comply with the lighting ordinance.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.020 Airport/Heliport

All buildings, structures, outdoor airplane or helicopter storage areas and any other activity areas:

  1. Shall be located a minimum of 100 feet from all lot lines.
  2. Must comply with all Federal Aviation Administration (FAA) regulations regarding airports and heliports.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.030 Bed And Breakfast Establishment

All facilities shall be required to obtain a permit to serve food and beverages and shall be inspected annually by the applicable Health Department.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.040 Campground

Shall be required to have at least one employee on-site at all times.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.050 Commercial Apartment

  1. The commercial apartments and the commercial use shall have separate entrances.
  2. All trash facilities shall be enclosed and shielded as per the regulations for commercial properties.
  3. The amount of floor space for commercial apartments shall be at least 75 percent of the area available for the commercial use.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.060 Commercial Indoor Lodging

  1. No customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.
  2. Each room must take primary access via an individual interior door and may not be accessed via an external balcony, porch or deck, except for emergency purposes.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.070 Communication Tower

  1. Permit application. The criteria to grant a Conditional Use Permit for installation and use of communications/telecommunications service towers shall include, but not be limited to, the following:
    1. Telecommunication towers shall be no more than 225 feet in height.
    2. No two telecommunication towers shall be located within a one square mile radius. The distance shall be calculated from the center of the base of the tower.
    3. A determination has been made by the City that there are no other suitable sites within a one-mile radius of the proposed tower site.
    4. If a telecommunication tower is constructed, it shall be at twice the capacity of intended use to accommodate secondary users to lease the balance of the tower capacity at reasonable rates.
    5. The design of the tower compound shall maximize use of building materials; colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and neighborhood as approved by the City.
  2. Removal of obsolete towers. Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the Federal Communications Commission (FCC) of intent to cease operations and shall be given 90 days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations.
  3. Penalty. Any person, authority, business, corporation, partnership or limited partnership found to be in violation of any provisions of this section shall be subject to the penalty provision of PCC 1.04.100, but not limited to, a fine of up to $500.00 for each day of violation.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.080 Community Living Arrangement

  1. No community living arrangement shall be established within one mile of any other such facility.
  2. The total capacity of all community living arrangements shall not exceed one percent of the City’s population.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.090 Distribution Center

  1. All activity areas must be located a minimum of 100 feet from all residentially zoned properties.
  2. If adjacent to residentially zoned properties, no vehicles shall be allowed to use the facility or have their engine running between the hours of 10:00 p.m. and 6:00 a.m.
  3. No activity areas shall be located within a required frontage landscaping or buffer yard areas.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.100 Extraction Use

  1. There shall be not more than one entrance way from a public road to said lot for each 660 feet of front lot line. Those City streets proposed as haul routes from the pit to a State or Federal highway shall be approved by the Mayor and City Council. A maintenance bond shall be posted by the party mining such minerals to guarantee maintenance of the haul route, with the amount to be approved by the Mayor and City Council and subject to review on a two-year continuing basis if the mining operation is to continue beyond a two-year period.
  2. Such removal shall not take place before sunrise or after sunset.
  3. On said lot no digging or excavating shall take place closer than 100 feet to any lot line.
  4. On said lot all road, driveways, parking lots and loading and unloading areas within 100 feet of any lot line shall be paved, oiled, watered or chemically treated so as to limit on adjoining lots and public roads the nuisance caused by wind-borne dust.
  5. Any odors, smoke, fumes, or dust generated on said lot by digging, excavating or processing operation and borne or able to be borne by the wind shall be confined within the lines of said lot as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.
  6. Such removal shall not be conducted as to cause the pollution by any material of any surface or subsurface watercourse or body outside of the lines of the lot on which such use shall be located.
  7. Such removal shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of said lot or of any land on said lot so that earth materials are carried outside of the lines of said lot, and that such removal shall not be conducted as to alter the drainage pattern of surface or sub-surface waters on adjacent property, and that in the event that such removal shall cease to be conducted it shall be the continuing responsibility of the owner or operator thereof to ensure that no erosion or alteration of drainage patterns, as specified in this subsection, shall take place after the date of the cessation of operation.
  8. All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential Zoning District, but that in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line.
  9. There shall be erected a white vinyl fence of not less than six feet in height around the periphery of the area being excavated. Fences shall be adequate to prevent trespass, and shall be placed on level terrain no closer than 50 feet to the top edge of any slope.
  10. All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural.
  11. Restoration of development area.
    1. The operator or operators shall file with the City a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, proposed final topography indicated by the contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses, and/or other improvements to be made by a definite date.
    2. The restoration plans shall be filed with and approved by the City before quarrying or removal operations begin. The plans shall be certified by a soil or geology engineer. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of gases into surface or sub-surface water or into the atmosphere. The proposed plan shall be submitted to and approved by the Department of Natural Resources.
    3. The operator or operators shall file with the City Council a bond or other surety payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate per acre of property to be used of the required bond shall be fixed by the City Engineer. The bond shall be released upon written certification of the City Engineer that the restoration is complete and in compliance with the restoration plan.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.110 Freight Terminal

  1. All activity areas must be located a minimum of 100 feet from all residentially zoned properties.
  2. If adjacent to residentially zoned properties, no vehicles shall be allowed to use the facility or have their engine running between the hours of 10:00 p.m. and 6:00 a.m.
  3. No activity areas shall be located within a required frontage landscaping or buffer yard areas.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.120 Group Homes

  1. Group homes shall be limited in number to one per square mile within the City.
  2. Group homes shall conform in exterior appearance to the general character of the neighborhood.
HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.130 Heavy Industrial

Shall not exceed the performance standards in the Zoning Code.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.140 High Technology

  1. All operations must take place within an enclosed building.
  2. All mechanicals, loading docks, spaces, and trash facilities must be screened.
  3. Metal clad buildings are not permitted.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.150 Indoor Commercial Entertainment

No customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.160 Indoor Sales And Service

Permitted uses shall be limited to indoor sales and personal services which primarily support office tenants such as office supply stores, copy centers, and travel agencies.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.170 Indoor Sales Incidental To Light Industrial Use

  1. Adequate parking shall be provided for customers. Said parking shall be in addition to that required for the light industrial activity.
  2. Restroom facilities shall be provided that are directly accessible from the retail sales area.
  3. Retail sales area shall be physically separated by a wall from other activity areas.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.180 Institutional Residential

All structures must be located a minimum of 50 feet from any residentially zoned property which does not contain an Institutional Residential Use.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.190 In-Vehicle Sales Or Service

  1. Clearly marked pedestrian crosswalks shall be provided for each walk-in customer.
  2. Any drive-through facilities shall be designed so as not to impede or impair vehicular and pedestrian traffic movement.
  3. Outdoor storage uses are prohibited.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.200 Junkyards And Inoperative Vehicles

  1. Junkyards shall be established and maintained in accordance with all applicable State of Minnesota Statutes and City of Pine City ordinances.
  2. It is recognized by this chapter that the location in the open of such materials included in this chapter’s definition of the term "junkyard" will cause the reduction of the value of adjoining property. To that end the character of the district shall be maintained and property values conserved. A solid, unpierced fence or wall of uniform color and construction at least seven feet in height, and not less in height than the materials located on the lot on which a junkyard shall be operated, shall be located on said lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors, and access ways through said fence or wall shall be of solid, unpierced material. In no event shall any materials included in this chapter’s definition of the term "junkyard" be located on the lot on which a junkyard shall be operated in the area between the lines of said lot and the solid unpierced fence of wall located on said lot.
  3. There shall be only one point of ingress and egress.
  4. On the lot on which a junkyard shall be operated, all streets, driveways, parking lots, and loading and unloading areas within any junkyard shall be paved, oiled, watered, or chemically treated so as to minimize the nuisance caused by wind-borne dust.
  5. The burning of automobiles, parts, or any junk material will not be allowed at any time.
  6. Junkyards may not be located within 1,000 feet of any property zoned or used for residential buildings.
  7. No collection, storage, or handling of hazardous materials shall be allowed.
  8. A surety bond shall be filed with the City prior to operations in an amount equivalent to 110 percent of the costs to be associated with restoration of the junkyard to a pristine state. The cost shall be determined by a third party, as selected by the City. The bond shall be held for the purpose of ensuring that the site is restored to a pristine state upon the closure of the junkyard. The presence of said bond shall not preclude the City from seeking additional civil or legal compensation against the operator and any/all companies, corporations, or others associated with the junkyard should restoration costs exceed the amount of the bond.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.210 Light Industrial Use Incidental To Indoor Sales

  1. The total area devoted to light industrial area shall not exceed ten percent of the building area or 5,000 square feet, whichever is less.
  2. Production area shall be separated by a wall from other activity areas.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.220 Non-Financial Institution Money Lending Business

  1. Non-Financial Institution Money Lending Businesses shall be limited in number to one such business per 1,000-foot radius within the City.
  2. Non-Financial Institution Money Lending Businesses shall not be located closer than 1,000-foot radius from any educational or religious institution.
  3. Non-Financial Institution Money Lending Businesses shall not be located closer than 1,000-foot radius from any residential use or are zoned for residential use.
  4. Non-Financial Institution Money Lending Businesses shall not be located closer than 1,000-foot radius from any business selling liquor and/or sexually oriented land use.
  5. The owner and/or operator of a Non-Financial Institution Money Lending Business must submit to a police background check.
  6. The Planning Commission and/or the City Council may place reasonable restrictions upon the hours of operations.
  7. All employees must be 18 years or older. The owner/operator shall demonstrate to the City that all employees are 18 years or older.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.230 Off-Site Parking Lot.

  1. Access and vehicular circulation shall be designed as to discourage cut-through traffic.
  2. Landscaping shall be provided as required.
  3. No uses or structures shall be permitted in conjunction with an off-site parking lot.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.240 Outdoor Commercial Entertainment

  1. Activity areas shall not be located closer than 300 feet to a residentially zoned property.
  2. Activity areas shall not be visible from a public street or any residentially zoned property.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.250 Outdoor Institutional

Facilities using night lighting and adjoining a residentially zoned property shall comply with the lighting ordinance.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.260 Outdoor Storage Or Wholesaling

  1. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and fencing.
  2. The storage of items shall not be permitted in permanently protected green space, frontage landscaping, or buffer yard areas.
  3. In no event shall the storage of items reduce or inhibit the number of parking stalls provided on the property.
  4. Storage areas shall be separated from vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, planters, or by a clearly marked paved area.
  5. Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage area, are not permitted.
  6. No outdoor storage areas shall be located within 1,000 feet of a residentially zoned property.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.270 Permanent Outdoor Display And Sales As A Primary Or Principal Use

  1. Outdoor display and sales shall be located entirely behind the required setback lines for a principal building on the property.
  2. The display and/or sales area shall not be permitted in permanently protected green space areas, required buffer yards, or landscaped areas.
  3. No parking spaces shall be utilized for the display/sales area.
  4. Display and sales area shall be separated from any vehicular parking or circulation areas by a minimum of five feet. This separation must be delineated by a physical separation such as a greenway, curb, fence, or a line of planters.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.280 Personal Storage Facility

  1. The facility shall be designed so as to minimize the adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement existing development.
  2. No personal storage facilities shall be located within 500 feet of a residentially zoned property.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.290 Public Service And Utilities

  1. Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property and shall be within a screened area.
  2. The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.300 Sexually Oriented Land Use

  1. Sexually Oriented Land Use shall be limited in number to one such business per 1,000-foot radius within the City.
  2. A Sexually Oriented Land Use shall not be located closer than 1,000-foot radius from any educational or religious institution.
  3. A Sexually Oriented Land Use shall not be located closer than 1,000-foot radius from any residential use.
  4. A Sexually Oriented Land Use shall not be located closer than 1,000-foot radius from any business selling liquor.
  5. The owner/operator of a Sexually Oriented Land Use must submit to a police background check.
  6. The Planning Commission and/or the City Council may place reasonable restrictions on hours of operation.
  7. Any employee must be 18 years or older. The owner/operator shall demonstrate to the City all employees are 18 years or older.
  8. Compliance with all State statutes and City ordinances governing pornography, obscenity, and matters of that nature.
  9. No Sexually Oriented Land use shall be conducted in a manner that permits the perception or observation from any property not approved as a Sexually Oriented Land Use of any materials depicting, describing or related to Specified Sexual Activities or Specified Anatomical Areas by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means.
  10. No Sexually Oriented Land Use shall permit any person under the age of 18 onto the premises of said establishment. Nor shall any person under the age of 18 be permitted access to material displayed or offered for sale or rent by the Sexually Oriented Land Use.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.310 Body Art Establishment

  1. The owner/operator of a body art establishment must be licensed by the State of Minnesota.
  2. The body art establishment shall meet health and license standards as set from time to time by the City of Pine City, County of Pine and the State of Minnesota.
  3. A body art establishment is defined in PCC 13.08.100.

(Prior Code, title 10, app. E; Ord. No. 20-04, 8-5-2020)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.320 Temporary Use

  1. Seasonal sales. Seasonal sales of farm produce:
    1. May be located only in the Downtown Overlay District and in an area designated by the City of Pine City. Such a use shall not require a Conditional Use Permit.
    2. May not include saleable items other than farm produce and/or other food materials.
    3. May not include items grown or produced more than 100 miles from the City limits of Pine City, Minnesota.
  2. Temporary buildings for commercial purposes, subject to the following regulations:
    1. The commercial establishment proposing a temporary building must have an approved Site Plan for the permanent facility prior to the installation of the temporary building.
    2. The standards for Site Plan review of the permanent building apply to the review of the temporary building.
    3. The temporary building and area must comply with all Zoning, Fire, Building Code, and State of Minnesota Public Service Commission regulations.
    4. The temporary building must have sanitary sewer connections for restrooms or other methods of waste disposal, as approved by Staff.
    5. The location of the temporary building must be reviewed and approved by the Staff.
    6. The temporary building and associated parking, vehicular movement and area must be completely separated from the construction area of the permanent facility. This may be achieved by the judicious use of fencing or other means to block public access to the construction site.
    7. A Construction Site Plan and Building Permit must be issued for the permanent structure prior to installation.
    8. The temporary building will be allowed for a maximum of 12 months from the date of installation on the site unless additional time is granted by the Staff.
    9. The temporary structure must have a finished appearance. If a modular unit is used, it must have skirting around all sides.
    10. The temporary building must be located on the same site as the permanent facility or on the property directly abutting the site of the permanent facility.
    11. A monetary guarantee, not less than $50,000.00, must be escrowed to ensure removal of the temporary building and associated improvements within 12 months. Said escrow funds shall be removed within 30 days of its removal, less any expense incurred by the City of the removal of the temporary building.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.330 Transit Stop

A structure must be built, smaller than 100 square feet to shelter those waiting for transportation. This shelter shall be made of partially transparent materials and shall be enclosed on three sides as to protect riders from the elements.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.340 Vehicle Repair And Sales

  1. No repair or other work shall occur on vehicles located outside an enclosed building.
  2. No storage of parts or equipment shall be allowed outside an enclosed building.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

13.108.350 Waste Disposal Facility

  1. Shall comply with all County, State, and Federal regulations.
  2. The operator or operators shall file with the City Council a detailed site restoration plan which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration.
  3. A surety bond shall be filed with the City prior to operations in an amount equivalent to 110 percent of the costs to be associated with restoration of the junkyard to a pristine state. The cost shall be determined by a third party, as selected by the City. The bond shall be held for the purpose of ensuring that the site is restored to a pristine state upon the closure of the junkyard.
  4. The presence of said bond shall not preclude the City from seeking additional civil or legal compensation against the operator and any/all companies, corporations, or others associated with the junkyard should restoration costs exceed the amount of the bond.

(Prior Code, title 10, app. E)

HISTORY
Adopted by Ord. 21-10 on 10/6/2021

21-10