This division contains the definitions and conditions for land uses as allowed by the land use table.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "accessory apartment" means an independent, subordinate dwelling unit contained within a single-family detached dwelling for occupancy only by immediate family members (the term "immediate family" means the spouse, parents, grandparents and children and grandchildren (all, including step- and foster-) or individuals providing care to the people occupying the other dwelling unit).

(b)

Zoning districts and conditions. Accessory apartments are permitted with conditions in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions:

(1)

No more than one apartment may be created in any single-family dwelling.

(2)

The single-family dwelling or accessory apartment must be owner-occupied on a continuous basis except for temporary absences.

(3)

A minimum of two off-street parking spaces must be provided for each dwelling unit with such parking to be in a garage, carport or on an area surfaced in asphalt or concrete specifically intended for that purpose. Such parking may not be located within a required turnaround.

(4)

In an existing single-family dwelling, an accessory apartment may be created by the conversion of living space within the dwelling but not by conversion of garage space unless space is available on the property for a new two-car garage in the future without the need for a variance.

(5)

An accessory apartment must be no more than 35 percent of the gross living area of the single-family dwelling (including the accessory apartment) or 950 square feet, whichever is smaller.

(6)

Exterior changes to the dwelling must not substantially alter the single-family character of the structure.

(7)

No apartment may be created except in compliance with all applicable building, housing, electrical, plumbing, heating and related codes of the city and state.

(8)

An accessory apartment is permitted only where it is demonstrated that it will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood.

(9)

All other provisions of this chapter relating to single-family dwelling units must be met, unless specifically amended by this section.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "accessory structure" means a separate and subordinate structure the use of which is related to and is incidental to that of the principal structure, and which may include, but is not limited to, garages, carports, storage buildings, water-oriented accessory structures, pools, etc. There must be a principal structure on the property in order for an accessory structure to be allowed.

(b)

Zoning districts and conditions. Accessory structures are a permitted accessory use in A, R-S, R-1, R-2, R-3, TC-T, C-3 and I-1 with the following conditions:

(1)

The accessory structure shall be either constructed of the same materials as the principal structure or screened from public view from adjacent roads and contiguous properties. The screening must meet all applicable standards of this chapter.

(2)

If located in a residential zoning district, the total amount of accessory structures is limited to 1,000 square feet.

(3)

Maximum building height shall not exceed 15 feet as defined in section 10-50.

(4)

The accessory structure shall be located to the side or rear of the principal structure and is not permitted within the front yard or side yard abutting a street.

(5)

The minimum setback to a side or rear property line is five feet unless the property line abuts a street, which requires a minimum setback of 25 feet.

(6)

No accessory structure may be located in any public right-of-way or public easement.

(7)

Sanitary sewer connections are prohibited.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. See chapter 4, article V.

(b)

Zoning districts and conditions. Adult uses are a conditional use in A, TC, C-2 and I-1 with the conditions listed in chapter 4, article V.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "agriculture and forestry" means the production of crops, plants, or vines, including forestry. The term "agriculture and forestry" also applies to the keeping, grazing, or feeding of livestock but shall not include commercial stables or animal handling.

(b)

Zoning districts and conditions. Agriculture and forestry is permitted with conditions in A and R-S subject to the conditions in chapter 7, article II.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "animal handling" means the sale, boarding, breeding, grooming, training, treatment or care of privately owned traditional pets as defined in chapter 7, article II.

(b)

Zoning districts and conditions. Animal handling is a conditional use in A, C-2, C-3, and I-1 with the following conditions:

(1)

Animal runs and exercise areas shall be located at least 200 feet from any dwellings and 100 feet from any buildings used by the public.

(2)

No animals shall be kept outside the building or located in a manner or location which causes offensive odors discernible at the property line of the property on which the activity is conducted.

(3)

All principal use activities, including animal boarding, shall be conducted within the principal structure; except that animal runs may be located outdoor as long as the other conditions in this section are met and as long as animals are not left in the run overnight.

(4)

All outdoor animal runs or exercise areas shall be fenced and secured at all times so that no animal contained therein may escape such enclosure.

(5)

All buildings in which animals are kept or boarded shall be located a minimum of 100 feet from any property line in a residential zoning district.

(6)

All animals shall be kept in conformance with chapter 7, article II.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "appliance and small engine repair" means maintenance and repair of appliances and small engines. Characteristics include some outdoor activity and noise.

(b)

Zoning districts and conditions. Appliance and small engine repair is:

(1)

Permitted with conditions in C-1 with the following conditions: Engines shall not be operated or tested outside of a structure if the use is located within 300 feet of any property line in a residential zoning district.

(2)

Permitted with conditions in C-2 and C-3 with the following conditions: Engines shall not be operated or tested outside of a structure if the use is located within 100 feet of any property line in a residential zoning district.

(3)

Permitted with conditions in I-1 with the following conditions: No sales or display of new or used appliances or engines shall be permitted.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "auto body/painting" means the painting, straightening, replacing or repairing the frame and body parts of motor vehicles, usually damaged as result of an accident or as a result of exposure to the elements. Auto body/painting includes the outdoor storage of damaged and dismantled vehicles and may generate odor and noise; this use excludes junkyards and automobile wrecking yards.

(b)

Zoning districts and conditions. Auto body/painting is:

(1)

A conditional use in C-3 with the following conditions:

a.

No sales, storage or display of used automobiles shall be permitted.

b.

No inoperable vehicles shall be stored outside the primary structure.

c.

All auto body repair and painting must be conducted within the primary structure.

d.

No outdoor storage will be permitted.

e.

All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to.

(2)

Permitted with conditions in I-1 with the following conditions:

a.

No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas.

b.

No sales or display of new or used automobiles shall be permitted.

c.

All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "bank" means the deposit, management, and lending of money, frequently with accessory drive-up facility. This use includes banks and savings and loans but not insurance companies or stock brokerage firms. Characteristics may include high peak-hour traffic on certain days.

(b)

Zoning districts and conditions. Banks are:

(1)

Permitted with conditions in TC with the following conditions: The use shall not include any drive-through or drive-up windows or facilities.

(2)

A permitted use in C-1 and C-2.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "bed and breakfast establishment" means the use of a private, owner-occupied single-family or two-family dwelling providing temporary lodging facilities and some meals to paying lodgers. The lodging is subordinate and incidental to the main residential use of the dwelling. Indoor recreational facilities for the use of the residents and paying lodgers may be included.

(b)

Zoning districts and conditions. Bed and breakfast establishments are permitted with conditions in A, R-S, R-1, R-2, R-3, TC and TC-T with the following conditions:

(1)

The dwelling shall be owner-occupied.

(2)

The required parking shall be screened with a Type B bufferyard as defined in this chapter.

(3)

The total number of guests shall be limited to six.

(4)

Not more than 50 percent of the gross floor area of the dwelling shall be used for the lodging operation.

(5)

Only exterior alterations which do not alter the exterior appearance from its single-family character will be allowed.

(6)

Accommodations may be provided to a guest for a period not exceeding 14 days.

(7)

Food service shall be limited to breakfast and afternoon tea.

(8)

Rented rooms shall not contain cooking facilities.

(9)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes.

(10)

No more than 50 percent of the rear yard may be surfaced in asphalt and concrete or used for parking.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "bicycle sales and repair" means maintenance, repair, and sales of two- and three-wheeled nonmotorized vehicles with wheels which are more than 16 inches in diameter.

(b)

Zoning districts and conditions. Bicycle sales and repair is permitted in TC, C-1, C-2, and C-3.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "keeping of boarders" means the use of a single-family dwelling for the dwelling of a person on an extended basis, rather than daily or weekly, where the primary resident is the owner of the dwelling.

(b)

Zoning districts and conditions. Keeping of boarders is a permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions:

(1)

The dwelling shall be owner-occupied.

(2)

No more than two boarders may be kept in a dwelling.

(3)

Rented rooms shall not contain cooking facilities.

(4)

Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "city boat slips" means the mooring of watercraft with permission of the city on property owned or controlled by the city. City boat slips, regardless of number, are not a mooring facility. City boat slips are permitted only on riparian property owned or controlled by the city, subject to DNR approval. The city may use the slips as determined and regulated by the city council, including rental of the slips. The city shall not increase the number of boat slips or increase the number of boat slips which the city rents without first holding a public hearing.

(b)

Zoning district and conditions. City boat slips are permitted in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3, and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "personal boat slips" means the mooring of five or fewer restricted watercraft allowed for personal use by the owners or tenants of residential riparian lots.

(b)

Zoning districts and conditions. Personal boat slips are permitted with conditions in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3, and I-1 with the following conditions:

(1)

Personal boat slips are permitted only on riparian lots. The lot and personal boat slips shall meet the following minimum conditions, as determined by the zoning administrator:

a.

The slips can be located on separate dock structures, but no more than five slips can be located on a lot.

b.

No more than five restricted watercraft may be moored at any one lot at a time.

c.

If three or more restricted watercraft are moored at any one lot at a time, any dock structure on that lot shall be at least ten feet from all side lot lines at the ordinary high-water level.

(2)

All personal boat slips on a lot shall be used in only one of the following manners:

a.

Owner use. All restricted watercraft moored at the lot shall be owned and registered to the property owner or the property owner's immediate family. For purposes of this requirement, the term "immediate family" means the spouse, parents, children and grandchildren (all, including step- and foster-) of the property owner or the property owner's spouse.

b.

Tenant use. If the entire dwelling on the lot is being leased to a tenant and the owner occupies no portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the tenant or the tenant's immediate family (as the term "immediate family" is defined in subsection (b)(2)a of this section). In no case may the property owner and tenant both moor watercraft at the lot.

c.

Boarder use. If a portion of a dwelling on the lot is being leased to a boarders but the owner still occupies a portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the owner under provision subsection (b)(2)a of this section or the boarders (regardless of number of boarders) may moor only one restricted watercraft at the lot. In no case may the property owner and boarder both moor watercraft at the lot.

(3)

Rental of slips is prohibited. Use of slips allowed by subsection (b)(2) of this section is not considered rental of slips.

(4)

If the city has reason to believe that any provisions in this section relating to personal boat slips or mooring facilities are not being complied with, the city has the authority to require the submittal of watercraft registration information, proof of ownership/tenancy of property or watercraft, proof of relationships, use of slip, or other information needed to establish compliance.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "brewpub" means an establishment operating as a brewpub pursuant to chapter 4, article II.

(b)

Zoning districts and conditions. Brewpubs are a:

(1)

Permitted use in TC.

(2)

Conditional use in C-2, C-3 and I-1 with the following conditions:

a.

Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets.

b.

All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective entrance to the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement.

c.

If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met:

1.

All customer entrances to the building shall be through a vestibule area with an inside and outside door.

2.

No outdoor amplified music, public address system, or outdoor special event is permitted.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "brewer taproom" means an establishment operating as a brewer taproom pursuant to chapter 4, article II.

(b)

Zoning districts and conditions. Brewer taprooms are a:

(1)

Permitted use in TC.

(2)

Conditional use in C-2, C-3, and I-1 with the following conditions:

a.

Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets.

b.

All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective entrance of the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement.

c.

If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met:

1.

All customer entrances to the building shall be through a vestibule area with an inside and outside door.

2.

No outdoor amplified music, public address system, or outdoor special event is permitted.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "building improvement trades" means a building used for the storage of building supplies and construction equipment or office areas dedicated to the conducting of a business related to the construction, alteration, renovation, or structural change to a residential or commercial structure. Such uses may include construction, masonry, HVAC, plumbing or electrical.

(b)

Zoning districts and conditions. Building improvement trades are permitted with conditions in C-3 and I-1 with the following conditions: No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "business services" means a business primarily engaged in providing services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, photo finishing and personal supply services.

(b)

Zoning districts and conditions. Business services are a:

(1)

Permitted use in C-2, and C-3.

(2)

Conditional use in TC-T with the following conditions:

a.

The use must be located completely within the existing structure. No additions to the structure are permitted.

b.

The exterior of the existing building shall maintain the residential character of the structure.

c.

No more than one wall sign shall be permitted.

d.

No outdoor storage will be permitted.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "cannabis cultivator" means a business that cultivates cannabis and packages cannabis for sale to another cannabis business.

(b)

Zoning districts and conditions. Cannabis cultivators (indoor) are permitted in C-3 and I-1. Cannabis cultivators (outdoor) are permitted in subsection A. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis delivery service" means a business that purchases cannabis flower, cannabis products, and hemp products from cannabis retailers or cannabis businesses with a retail endorsement for the purpose of transport and delivery to customers.

(b)

Zoning districts and conditions. Cannabis delivery services are permitted in C-1, C-2, C- 3 and I-1. Cannabis delivery services are permitted as an accessory home occupation use in A, R-S, R-1, R-2, R-3, and TC-T provided: i) all conditions of a home occupation are met; ii) no deliveries of cannabis flower, cannabis products, and hemp products shall be sent to or received on the premises from a cannabis businesses nor by a residential express mail company (USPS, USP, FedEx, etc.); iii) no delivery of cannabis flower, cannabis products, and hemp products to customers shall occur on the premises; and iv) no storage or possession of cannabis flower, cannabis products, or hemp products in excess of the amounts allowable in Minn. Stats. § 342.09 for personal adult use of cannabis shall be permitted on the premises. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis event organizer" means a person or entity who organizes or operates temporary cannabis events.

(b)

Zoning districts and conditions. Cannabis event organizers are permitted in C-1, C-2, C- 3 and I-1. Cannabis event organizers are permitted as an accessory home occupation use in A, R-S, R-1, R-2, R-3, and TC-T provided: i) all conditions of a home occupation are met; ii) no deliveries of cannabis flower, cannabis products, and hemp products shall be sent to or received on the premises from a cannabis businesses nor by a residential express mail company (USPS, USP, FedEx, etc.); and iii) no storage or possession of cannabis flower, cannabis products, or hemp products in excess of the amounts allowable in Minn. Stats. § 342.09 for personal adult use of cannabis shall be permitted on the premises. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis manufacturer" means a business that manufactures and/or packages cannabis products and hemp products for sale to a cannabis retailer.

(b)

Zoning districts and conditions. Cannabis manufacturers are permitted in C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis mezzobusiness" means a business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate up to three retail locations with a retail operations endorsement.

(b)

Zoning districts and conditions. Cannabis mezzobusinesses are permitted in C-2, C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis microbusiness" means a business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate a single retail location with a retail operations endorsement.

(b)

Zoning districts and conditions. Cannabis microbusinesses are permitted in C-2, C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis retailer" means a business that sells immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp products, and other products authorized by law to customers and patients, including a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness with a retail operations endorsement, and medical cannabis combination business to the extent it is engaged in retail sales exclusively at a location off-site of its cultivation or manufacturing operations, selling only its cultivated cannabis or manufactured cannabis products.

(b)

Zoning districts and conditions. Cannabis retailers are permitted in C-1, C-2, C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis testing facility" means a business that obtains and tests immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products.

(b)

Zoning districts and conditions. Cannabis testing facilities are permitted in C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis transporter" means a business that transports immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products to licensed cannabis businesses.

(b)

Zoning districts and conditions. Cannabis delivery services are permitted in C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "cannabis wholesaler" means a business that purchases and/or sells immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products from another licensed cannabis business, and/or imports hemp-derived consumer products and lower-potency hemp edibles.

(b)

Zoning districts and conditions. Cannabis wholesalers are permitted in C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, cannabis and chapter 4, article XVI, cannabis business uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "car wash" means the use of a structure, or portion thereof, for washing motor vehicles by hand or by using production-line, automated or semi-automated methods for washing, whether or not employing a chain conveyor, blower, steam cleaning or similar mechanical device.

(b)

Zoning districts and conditions. Car washes are a conditional use in C-1, C-2, C-3 and I-1 with the following conditions:

(1)

No public address system shall be audible from any property located within a residential zoning district.

(2)

Drainage and surfacing plans shall be subject to the city engineer's approval prior to construction or reconstruction. The plans shall describe the wash water disposal and sludge removal facilities for on-premises dust, salt and other chemical and mud abatement. Drainage must be designed to prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the property.

(3)

All parking and areas surfaced in asphalt or concrete meet the drainage, design and landscaping provisions of article V, division 8 of this chapter.

(4)

The ingress or egress points for an accessory car wash shall be subject to the city engineer's approval prior to construction or reconstruction. The exit door from the car wash shall be at least 45 feet from the public right-of-way. Drainage shall be away from the public street at egress points of the car wash to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door and sloped to an accepted interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of-way.

(5)

An automatic car wash accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress and egress points on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only.

(6)

Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. unless the service doors to the facility remain closed at all times or the facility is in the I-1 zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "cemeteries" means the use of an area for the burial or entombment of one or more deceased persons, including graveyards, mausoleums, and columbaria.

(b)

Zoning districts and conditions. Cemeteries are a permitted use in A, R-S, R-1, R-2, and R-3.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "cluster housing" means single-family attached or detached dwelling units on smaller lots than provided for in the applicable zoning district in order to allow the same number of units as would be allowed in a standard development on the same property but clustering the units together on smaller lots to preserve additional wooded areas, open space or other natural features. Dwelling units may be located on individual lots or on a lot in common. Characteristics may include a larger building mass and scale and larger concentrations of areas surfaced in asphalt or concrete than single-family detached dwellings.

(b)

Zoning districts and conditions. Cluster housing is a conditional use in R-1 and R-2 with the following conditions:

(1)

Cluster housing shall meet the following minimum requirements:

a.

No more than four dwelling units shall be incorporated in a single building.

b.

The density of development shall not exceed the density allowed in the zoning district in which the property is located.

c.

Existing dwelling units may not be converted into clustered units unless the site is fully cleared and redeveloped. Existing units may be incorporated into new development plans when such units are not converted into clustered units or added to.

d.

There shall be 600 square feet of usable open space for each dwelling unit.

(2)

The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria:

a.

The presence and preservation of topographic features, woods and trees, water bodies and streams, wetlands, and other physical and ecological conditions.

b.

Suitable provisions for permanently retaining and maintaining the amenities and open space.

c.

Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with city goals and plans for the areas.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "cocktail room" means an establishment operating as a cocktail room pursuant to chapter 4, article II.

(b)

Zoning districts and conditions. Cocktail rooms are a:

(1)

Permitted use in TC.

(2)

Conditional use in C-2, C-3 and I-1 with the following conditions:

a.

Access to the building shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets.

b.

All customer entrances to the use shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective entrance of the building. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement.

c.

If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met:

1.

All customer entrances to the building shall be through a vestibule area with an inside and outside door.

2.

No outdoor amplified music, public address system, or outdoor special event is permitted.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "community center" means the use of a building, structure, or area for the public, to accommodate and serve significant segments of the community for educational, religious, fraternal, social and recreational programs. This use may include accessory food service and accessory retail shops.

(b)

Zoning districts and conditions. Community centers are:

(1)

Permitted with conditions in R-1, R-2, and R-3 with the following conditions:

a.

The building shall not be located within 50 feet of any property line in a residential zoning district.

b.

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

c.

Outdoor areas intended for group activities shall be located at least 25 feet from any property line in a residential zoning district.

d.

A Type C bufferyard as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district.

(2)

Permitted with conditions in TC and C-2 with the following conditions:

a.

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

b.

Outdoor areas intended for group activities shall be located at least 25 feet from any property line in a residential zoning district.

c.

A Type C bufferyard as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "contractor yard" means the use of land for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the property in the conduct of any building trade or craft.

(b)

Zoning districts and conditions. Contractor yards are permitted with conditions in I-1 with the following conditions:

(1)

Areas used for storage of equipment and materials shall be fully screened. Screening shall be 100 percent opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way.

(2)

Stored materials shall not interfere with either on-site or off-site traffic visibility.

(3)

Storage of inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be permitted.

(4)

All areas used for storage and parking of street legal or road legal vehicles (such as an automobile, motorcycle, light or heavy truck that are equipped and licensed for use on public roads) shall be surfaced in asphalt or concrete.

(5)

All contractor yards adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances, contractor yards shall meet the required parking setback.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "controlled access lot" means a riparian parcel of land used as a mooring facility for non-riparian lot owners with access to public waters.

(b)

Zoning districts and conditions. Controlled access lots are a conditional use in R-1 and R-2 on general development lakes with the following conditions:

(1)

Controlled access lots shall meet the following conditions as determined by the zoning administrator:

a.

The facility shall be compatible with the adjacent land and water uses.

b.

Adequate water depth is available for the proposed facility without churning of bottom sediments.

c.

The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden.

d.

The facility will not affect the quality of water and the ecology of the lake.

e.

The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility.

f.

Adequate sanitary and parking facilities will be provided in connection with the facility.

(2)

Controlled access lots are allowed only on riparian lots on general development lakes by conditional use permit in the R-1 and R-2 zoning districts. Controlled access lots shall comply with all applicable conditions listed in this section, the applicable zoning district and with any other conditions the planning commission, or city council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the city. All docks, mooring facilities, and controlled access lots legally existing on the date of the adoption of the ordinance from which this chapter is derived which do not meet the applicable conditions shall be considered legally nonconforming, and the use may be continued in conformance with Minn. Stats. § 462.357, subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the city to allow legally nonconforming controlled access lots to maintain the number of boat slips which were approved via permit issued by the city or state department of natural resources as of the date of adoption of the ordinance from which this chapter is derived. In subsection (b)(19) of this section is a list of legally nonconforming controlled access lots and the number of boat slips permitted for each.

(3)

The property shall be suitable for the intended use as a mooring facility.

(4)

The property shall be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the property.

(5)

The property shall meet, at a minimum, the width and area requirements for a single-family residential riparian property.

(6)

The allowable number of boat slips for a controlled access lot shall be based on the conditions identified in subsection (b)(1) of this section; provided, however, in no case shall the number of boat slips exceed one boat slip for every 40 feet of lot width. Property width shall be the lesser of either the shoreline as measured at the ordinary high-water level or a straight line measured between where the two side property lines intersect with the ordinary high-water level (or the straight extension of the side property lines if the side property lines do not intersect with the ordinary high-water level). Regardless of measurement method, any shoreland area which is unusable (wetland, swamp, bog, marsh, etc.) or which does not abut or lie within ten feet of navigable water shall not count toward property width.

(7)

All restricted watercraft moored at the property shall be owned and registered to owners or tenants of the subdivision lots or their immediate family. For purposes of this requirement, the term "immediate family" means the spouse, parents, children and grandchildren (all, including step- and foster-) of the owner or tenant or the owner or tenant's spouse. Use of slips by persons described in this provision is not considered rental of slips.

(8)

Rental of slips is prohibited.

(9)

Covenants shall be recorded against the controlled access lot and all benefiting lots that specify which lot owners have authority to use the controlled access lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants shall limit the total number of watercraft allowed to be securely moored, docked, or stored over water and shall require centralization of all common facilities and activities in the most suitable locations on the property to minimize topographic and vegetation alteration. The covenants shall also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions.

(10)

Functioning restroom facilities shall be accessible on the property for all users of the property 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be portable toilets as approved by the zoning administrator.

(11)

No dock, mooring facility or other structure shall be located so as to:

a.

Obstruct the navigation of any lake;

b.

Obstruct reasonable use or access to any other dock, mooring facility or other structure;

c.

Present a potential safety hazard; or

d.

Be detrimental to significant fish and wildlife habitat or protected vegetation.

(12)

Docks and mooring facilities shall be set back a minimum of ten feet from side property lines as measured at the ordinary high-water level. Docks and mooring facilities shall be located a minimum of ten feet from a straight line extension of the side property lines of the property into the lake. This requirement may be adjusted, at the discretion of the zoning administrator, in cases where topography significantly limits the placement of docks.

(13)

One off-street parking space surfaced in asphalt and concrete shall be provided for each four boat slips for which the owners, lessees or users do not live within 1,000 feet of the controlled access lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the ordinary high-water level sufficient to capture and filter all runoff from the parking area.

(14)

The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any controlled access lot, dock or mooring facility is prohibited.

(15)

No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any controlled access lot, dock or mooring facility.

(16)

Access across wetlands is permitted only in accordance with the state and federal wetland regulations.

(17)

Controlled access lots shall meet the residential performance standards in section 10-601.

(18)

Garbage receptacles shall be made available on the property for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse.

(19)

All docks, mooring facilities, and controlled access lots legally existing on the date of adoption of the ordinance from which this chapter is derived which do not meet the above-listed conditions shall be considered legally nonconforming, and the use may be continued in conformance with Minn. Stats. § 462.357, subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the city to allow legally nonconforming controlled access lots to maintain the number of boat slips which were approved via permit issued by the city or state department of natural resources as of the date of adoption of the ordinance from which this chapter is derived. Below is a list of legally nonconforming controlled access lots and the number of boat slips permitted for each:

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "convention and exhibition center" means the use of a building with meeting rooms for the assembly of persons and the display of products and information. This use may include accessory food service or banquet kitchen facilities. Characteristics include heavy parking and loading area requirements and large scale buildings.

(b)

Zoning districts and conditions. Convention and exhibition centers are a conditional use in C-2 and C-3 with the following conditions:

(1)

All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any property line in a residential zoning district.

(2)

All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "data center" means the storage, management, processing and transmission of digital data, the housing of computer or network equipment, systems, servers, appliances, and other associated components related to digital data operations. May also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center.

(b)

Zoning districts and conditions. Data centers are a permitted use in C-3 and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "commercial day care" means the systematic organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day in a nonresidential building. This use must be licensed by the state or county.

(b)

Zoning districts and conditions. Commercial day cares are:

(1)

Permitted with conditions in A, R-S and R-1 with the following conditions:

a.

The day care may serve no more than 12 children at a time.

b.

At least 40 square feet of outside play space per child is provided.

c.

The outside play area must be fenced and screened with a Type B bufferyard as defined in this chapter.

d.

Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements.

(2)

Permitted with conditions in R-2 and R-3 with the following conditions:

a.

The day care may serve no more than 16 children at a time.

b.

At least 40 square feet of outside play space per child is provided.

c.

The outside play area must be fenced and screened with a Type B bufferyard as defined in this chapter.

d.

Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements.

(3)

Permitted with conditions in TC, C-1 and C-2 with the following conditions:

a.

At least 40 square feet of outside play space per child is provided.

b.

The outside play area must be fenced and screened with a Type B bufferyard as defined in this chapter.

c.

Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements.

d.

Outdoor play areas shall be located a minimum of 100 feet from a roadway designated in the comprehensive plan as a principal arterial. For all other road classifications, the outdoor play areas shall be set back the minimum building setback from the property line.

e.

In the TC zoning district, the facility shall not be located fronting Main Avenue, Dakota Street or County Road 21.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "family day care" means the care, protection and supervision of children in a private single-family dwelling for periods of less than 24 hours per day for a fee. A family day care may serve no more than ten children at a time and a group family day care may serve no more than 14 children at a time. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers or helpers are set forth in state law. This use must be licensed by the state or county.

(b)

Zoning districts and conditions. Family day cares are:

(1)

A permitted accessory use in A, R-S and R-1.

(2)

Permitted with conditions in R-2, R-3 and TC-T with the following conditions: Use must be located in a single-family detached dwelling; not permitted in a twinhome, rowhome or multifamily dwelling.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "dedicated waterfront" means a dedicated waterfront is a parcel of land which has all of the following elements:

(1)

The parcel of land is used as a mooring facility for access to public waters for non-riparian lot owners;

(2)

The source of the right to access public waters is by virtue of a grant or dedication on a plat; and

(3)

The lots with the right to access public waters are not subject to recorded homeowners' association documents.

Only those parcels that exist in this manner as of January 1, 2016, shall qualify as dedicated waterfronts.

(b)

Zoning districts and conditions. Dedicated waterfronts are permitted with conditions in R-1 with the following conditions:

(1)

The facility shall be compatible with the adjacent land and water uses.

(2)

Adequate water depth is available for the proposed facility without churning of bottom sediments.

(3)

The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden.

(4)

The facility will not affect the quality of water and the ecology of the lake.

(5)

The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility.

(6)

Adequate sanitary and parking facilities will be provided in connection with the facility.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "dry cleaning" means the cleaning or dry cleaning of clothing, diapers or other fabrics on site. Materials to be cleaned may be brought to the site either by delivery trucks operated as part of the business or by customers who drop off and pick up their own materials to be cleaned. The use may include the storage of delivery vehicles on the site.

(b)

Zoning districts and conditions. Dry cleaning is:

(1)

Permitted with conditions in TC with the following conditions:

a.

The buildings housing the use shall not exceed 5,000 square feet in area.

b.

Outside storage and parking of trucks involved in the operation of the business is limited to trucks and vans with a manufacturer's rated cargo capacity of one ton or less. All trucks in operation with the business must be stored on site (not in public parking areas).

(2)

Permitted with conditions in C-1 and C-2 with the following conditions:

a.

The total area in which the buildings housing the use occurs shall not exceed 15,000 square feet in area.

b.

Outside storage and parking of trucks and vans involved in the operation of the business is limited to trucks and vans with a manufacturer's rated cargo capacity of one ton or less.

c.

Access shall be from a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner that access can be provided without generating significant traffic on local residential streets.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "multifamily dwelling" means a building that includes three or more dwelling units where dwelling units are configured in part vertically above and below other dwelling units.

(b)

Zoning districts and conditions. Multifamily dwellings are a:

(1)

Permitted use in R-3.

(2)

Conditional use in TC with the following conditions:

a.

Multifamily dwellings shall be in combination with a commercial use. This is in keeping with the objectives of intentional land use planning that facilitates commercial development for an expanded tax base and exploring ways to encourage downtown as a vibrant destination.

b.

Commercial uses shall:

1.

Occupy a minimum of 60 percent of the building's first floor (street level) area for all buildings that are located on a prime commercial lot. For the purposes of this subsection, a prime commercial lot is one that, due to its location, street or highway frontage, access, visibility, size or other features, would be appropriate for commercial uses.

2.

Occupy a minimum of 85 percent of the first floor (street level) front building façade facing a public street or highway. This requirement shall apply to all building façades facing a public street or highway. Residential lobby and management/leasing offices and residential amenity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc., shall not be considered commercial uses.

3.

For buildings that are not located on a prime commercial lot, occupy a minimum of 25 percent of the building's first floor (street level) area. Commercial uses shall occupy a minimum of 15 percent of the first floor (street level) front building façade facing a public street or highway. This requirement shall apply to all building façades facing a public street or highway. Residential lobby and management/leasing offices and residential amenity spaces such as studios, fitness centers, refreshment areas, meeting spaces, pet wash stations, etc., shall not be considered commercial uses.

c.

The minimum number of off-street private parking shall be provided at a rate of 1.5 parking stalls per residential unit.

d.

Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "single-family attached dwelling rowhome" means a building or group of buildings that include three or more dwellings on a site where the dwellings are configured in a side-by-side or back-to-back fashion and share at least one common wall but are not vertically stacked.

(b)

Zoning districts and conditions. Rowhomes are permitted in R-2 and R-3.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "single-family attached dwelling twinhome" means a dwelling unit designed or used for residential occupancy by two families fully separated by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both units, including both duplexes and double bungalows but not including accessory apartments.

(b)

Zoning districts and conditions. Twinhomes are permitted in R-2 and R-3.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "single-family detached dwelling" means a dwelling unit designed or used for residential occupancy by one family that is physically separated from any other dwelling on the same property.

(b)

Zoning districts and conditions. Single-family detached dwellings are permitted in A, R-S, R-1, and R-2.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "electrical utility substation" means a structure of electrical components to transform high voltage electricity into lesser voltages to make suitable for distribution to end users. The use consists of a large structure and numerous power lines which are difficult to screen. This use has minimal outdoor activity and traffic generation.

(b)

Zoning districts and conditions. Electrical utility substations are a conditional use in A, R-S, TC, C-1, C-2, C-3 and I-1 with the following conditions:

(1)

No structure shall be located within 25 feet of any property line.

(2)

No structure shall be located within 100 feet of any property line in a residential zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "exclusive liquor store" means an establishment operating as an exclusive liquor store pursuant to chapter 4, article II.

(b)

Zoning districts and conditions. Exclusive liquor stores are a permitted use in TC, C-1, and C-2.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "expansion of nonconforming use in town center" means a use existing legally on June 1, 2009, in the TC district.

(b)

Zoning districts and conditions. Expansions of nonconforming uses in town center are a conditional use in TC with the following conditions:

(1)

The use must have existed on June 1, 2009, and may be expanded only on the existing parcel, or on a combination of parcels as part of a campus plan.

(2)

All new construction must be consistent with the design standards of the TC zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "freight terminal" means short-term storage and transshipment of materials and the outdoor storage of trucks and directly related equipment. Characteristics include high volumes of large truck traffic.

(b)

Zoning districts and conditions. Freight terminals are a permitted use in I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "funeral home" means the holding of funeral services and embalming and other processes in preparation of the deceased for burial; the use may include the storage of caskets, funeral urns and other related funeral supplies, and usually provides vehicles to transport the deceased to the place of burial. This use does not include a crematorium. Characteristics include intermittent periods of high traffic generation.

(b)

Zoning districts and conditions. Funeral homes are a permitted use in C-1 and C-2.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "golf course" means land used for playing golf outdoors which consists of golf holes, clubhouse facilities which may contain lockers, shower rooms, dining and bar facilities, incidental sale of golf-related items, off-street parking facilities and associated structures for the maintenance and storage of golf course maintenance vehicles and equipment.

(b)

Zoning districts and conditions. Golf courses are a conditional use in A, R-S, R-1, R-2 and R-3 with the following conditions: All structures shall be located a minimum of 30 feet from any property in a residential zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "indoor gun range" means a totally enclosed building that is equipped for the practice of shooting firearms, including archery, where no activity associated with shooting is conducted outside the building.

(b)

Zoning districts and conditions. Indoor gun ranges are a conditional use in C-3 and I-1 with the following conditions:

(1)

Indoor gun ranges must be designed so projectiles cannot penetrate the walls, floor or ceiling and so ricochets or back splatter cannot harm range users.

(2)

No light, sound or vibration originating from the building shall be discernible at any abutting property line.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "heavy equipment and specialized vehicle sale, rental and service" means the sale, rental and servicing of equipment and vehicles of the following types:

(1)

Farm and construction machinery or equipment;

(2)

Buses and vans designed primarily for the transportation of ten or more passengers;

(3)

Motorhomes, recreational vehicles, trailers, and boats of any size.

(b)

Zoning districts and conditions. Heavy equipment and specialized vehicle sale, rental and service is permitted with conditions in I-1 with the following conditions:

(1)

No sales, storage, rental or display of automobiles shall be permitted.

(2)

No test driving shall be permitted on any street in a residential zoning district.

(3)

No car washes shall be permitted for public use.

(4)

No inoperable equipment or vehicles shall be stored outside the primary structure or designated screened storage areas.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "home occupation" means an occupation, profession, or activity which occurs primarily in a dwelling unit, provides gainful employment of a person or persons residing in the dwelling unit, is clearly incidental and subordinate to the residential use, and which does not alter the exterior of the dwelling or structures on the lot or affect the residential character of the neighborhood. It is the intent of the city to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this provision is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties.

(b)

Zoning districts and conditions.

(1)

Home occupations are a permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following conditions:

a.

Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 square feet or 20 percent of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 square feet or 50 percent of the total floor area of all attached garages and detached accessory structures, whichever is greater.

b.

The home occupation shall be conducted by the person residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard-surfaced driveway which meets the requirements of this chapter for off-street parking.

c.

All equipment, machinery, and materials shall be stored within an enclosed structure.

d.

The use must be clearly subordinate to the residential use of the property.

e.

The structure utilized for the home occupation shall conform to all applicable fire and building codes.

f.

The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood.

g.

Operation of the home occupation is not apparent from the public right-of-way or any lake.

h.

Commercial motor vehicles are prohibited from being parked on residential lots.

i.

Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.).

j.

Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line.

k.

Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines.

l.

No garbage, rubbish, or refuse container shall exceed 96 gallons in capacity.

(2)

The following activities shall not be allowed as home occupations:

a.

Repair, painting, service or sales of small engines.

b.

Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling.

c.

Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling.

d.

Repair, painting, service or sales of commercial motor vehicles.

e.

Adult uses.

f.

Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person providing the service is not licensed by the state to administer such treatment.

g.

Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six nonresident persons in attendance at one time.

h.

Animal handling, including boarding, breeding, and grooming establishments.

i.

Music instruction, unless conducted within a detached single-family dwelling unit.

j.

Beauty shop or barbershop with more than one chair providing service.

k.

Manufacturing or processing.

l.

Cannabis businesses not specifically permitted as an accessory use in article 3, division 4, land use definitions and conditions.

m.

Any use which violates any applicable law.

n.

Other uses as determined by the zoning administrator to have an adverse impact upon neighboring properties.

(3)

Signage shall comply with the sign regulations in this chapter.

(4)

All applicable permits from other governmental agencies have been obtained.

(5)

The city reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this section.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023; Ord. No. 124-12, § 4, 12-10-2024)

(a)

Definition. The term "hospital" means an institution that offers health care services, facilities and beds for short- or long-term use by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy and may include offices for medical personnel, central facilities such as pharmacies, medical laboratories and other related uses.

(b)

Zoning districts and conditions. Hospitals are permitted with conditions in C-2 and C-3 with the following conditions:

(1)

All buildings and structures shall be located a minimum of 50 feet from any property line in a residential zoning district.

(2)

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

(3)

Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control non-emergency traffic if recommended by the city engineer.

(4)

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "hotel/motel" means buildings which provide overnight lodging in individual rooms or suites of rooms, each having a private bathroom, which are rented by day or week; the use may include in-room or in-suite kitchens and recreational facilities for use by lodgers. Restaurants, banquet rooms, arcades, fitness centers and other amenities available to non-lodgers are considered separate primary uses.

(b)

Zoning districts and conditions. Hotels/motels are permitted with conditions in TC, C-2 and C-3 with the following conditions: All buildings and structures shall be located a minimum of 100 feet from any property line in a residential zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "library" means a building where collections of books and other materials are housed which is open to the public during regularly scheduled hours which may include weekend days and evenings. Books and other materials may be available for loan. Characteristics may include high parking demand and high traffic generation.

(b)

Zoning districts and conditions. Libraries are a permitted use in TC and C-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "lower-potency hemp edible manufacturer" means a business that manufacturers and packages lower-potency help edibles for consumer sale, and/or sells hemp concentrate and lower-potency hemp edibles to other cannabis businesses and hemp businesses.

(b)

Zoning districts and conditions. Lower-potency hemp edible manufacturers are permitted in C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, Cannabis and chapter 4, article XVI, Cannabis Business Uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "lower-potency hemp edible retailer" means a business that sells lower-potency hemp edibles to customers.

(b)

Zoning districts and conditions. Lower-potency hemp edible retailers are permitted in TC, C-1, C-2, C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, Cannabis and chapter 4, article XVI, Cannabis Business Uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "manufacturing/processing" means the production of a physical commodity or changing the form of a raw ingredient; it may include administrative offices, warehousing, and limited distribution and outlet sale of a commodity. Characteristics may include heavy truck traffic, odor and noise of processes and equipment, refuse storage issues, and the use of toxic and hazardous materials. Concrete plants, junkyards, slaughterhouses, rendering plants, salvage yards, and auto reduction plants are excluded.

(b)

Zoning districts and conditions. Manufacturing/processing is a permitted use in C-3 and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "commercial marina" means a mooring facility of six or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are provided, including boat tours.

(b)

Zoning districts and conditions. Commercial marinas are a conditional use in R-2 and C-2 with the following conditions:

(1)

A marina shall meet the following conditions as determined by the zoning administrator:

a.

The facility shall be compatible with the adjacent land and water uses.

b.

Adequate water depth is available for the proposed facility without churning of bottom sediments.

c.

The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden.

d.

The facility will not affect the quality of water and the ecology of the lake.

e.

The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility.

f.

Adequate sanitary and parking facilities will be provided in connection with the facility.

(2)

Commercial marinas are allowed only on riparian lots on general development lakes by conditional use permit in the R-2 or C-2 zoning district. The lot and commercial marina shall comply with all applicable conditions listed this section, the applicable zoning district and with any other conditions the planning commission, or city council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the city.

(3)

The minimum property size shall be one acre.

(4)

The lot shall provide off-street parking surfaced in asphalt or concrete at a minimum ratio of one parking space per four boat slips; parking shall not be located below the ordinary high-water level and further meet the parking standards of this chapter. In addition, a landscaping buffer shall be installed and maintained between the parking and the ordinary high-water level sufficient to capture and filter all runoff from the parking. Additional off-street parking may be required for boat tours or if the zoning administrator determines that an ancillary use requires additional parking.

(5)

The property shall have public bathrooms connected to municipal sanitary sewer as approved by the city.

(6)

The property shall meet the impervious surface coverage requirements for a permitted commercial use in the shoreland overlay district.

(7)

A bufferyard, Type C, as defined in this chapter, shall be installed and maintained along any property line abutting a residential zoning district.

(8)

Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week.

(9)

Commercial marinas shall obtain and comply with a permit issued by the state department of natural resources. The permit shall determine the number of allowable boat slips.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "recreational marina" means a mooring facility of seven or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are not provided.

(b)

Zoning districts and conditions. Recreational marinas are a conditional use in R-2 and C-2 with the following conditions:

(1)

A marina shall meet the following conditions as determined by the zoning administrator:

a.

The facility shall be compatible with the adjacent land and water uses.

b.

Adequate water depth is available for the proposed facility without churning of bottom sediments.

c.

The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden.

d.

The facility will not affect the quality of water and the ecology of the lake.

e.

The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility.

f.

Adequate sanitary and parking facilities will be provided in connection with the facility.

(2)

Recreational marinas are allowed only on riparian lots on general development lakes, by conditional use permit in in the R-2 or C-2 zoning districts. The lot and recreational marina shall comply with all applicable conditions listed in this section, the applicable zoning district and with any other conditions the planning commission, or city council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the city.

(3)

The minimum property size shall be one acre.

(4)

The allowable number of boat slips shall be determined by the zoning administrator based on the conditions identified in subsection (b)(1) of this section.

(5)

The property shall provide off-street parking surfaced in asphalt or concrete at a minimum ratio of one parking space per four boat slips; parking shall not be located below the ordinary high-water level. In addition, a landscaping buffer shall be installed and maintained between the parking and the ordinary high-water level sufficient to capture and filter all runoff from the parking.

(6)

The property shall meet the impervious surface coverage requirements for a permitted commercial use in the shoreland overlay district.

(7)

A bufferyard, Type C, as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "medical cannabis combination business" means a business that cultivates cannabis and manufactures cannabis and hemp products, and packages such products for sale to customers, patients, or other licensed cannabis businesses, and may operate one retail location per congressional district.

(b)

Zoning districts and conditions. Medical cannabis combination businesses are permitted in C-3 and I-1. All cannabis businesses shall comply with the regulations and performance standards as identified in chapter 4, article XV, Cannabis and chapter 4, article XVI, Cannabis Business Uses.

(Ord. No. 124-12, § 3, 12-10-2024)

(a)

Definition. The term "medical/dental laboratories" means the creation of individually produced and made to order medical and dental prosthetics for the specific needs of specific individuals. Characteristics may include daily deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no use of outside storage and occasional visitation of facilities by customers needing specialized attention as to the make-up and fit of their specific prosthetic.

(b)

Zoning districts and conditions. Medical/dental laboratories are permitted with conditions in C-2, C-3 and I-1 with the following conditions: The use shall not generate any fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "medical/dental office" means the direct delivery of health-related examination and services or treatment to individuals on an appointment or walk-in basis, including, but not limited to, counseling, consultation, chiropractic and podiatry. The use may include a supporting retail component for medicine, health-related food, or other product.

(b)

Zoning districts and conditions. Medical/dental offices are a permitted use in TC, C-1, C-2 and C-3.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "microdistillery" means an establishment operating as a microdistillery pursuant to chapter 4, article II.

(b)

Zoning districts and conditions. Microdistilleries are a:

(1)

Permitted use in TC.

(2)

Conditional use in C-2, C-3, and I-1 with the following conditions:

a.

Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets.

b.

All customer entrances to the building shall be located a minimum of 100 feet from any property line in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective building entrance. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement.

c.

If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met:

1.

All customer entrances to the building shall be through a vestibule area with an inside and outside door.

2.

No outdoor amplified music, public address system, or outdoor special event is permitted.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "mining" means the extraction and removal of sand, gravel, or other earthen material from a parcel of land.

(b)

Zoning districts and conditions. Mining is a conditional use in A with the following conditions:

(1)

Areas used for storage of equipment and materials shall be fully screened. Screening shall be 100 percent opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way.

(2)

The use shall not generate any lights, fumes, noise or odors which are detectable at the property lines of the parcel on which the use is located.

(3)

All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to.

(4)

No storage of hazardous, explosive, or flammable materials in violation of the state fire code.

(5)

The site shall be kept neat and orderly.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "motor fuel station" means a retail building and accompanying facilities which supplies and dispenses motor fuels directly into a motor vehicle; it also includes the sale of motor vehicle accessories, such as lubricants, batteries and tires, and may also include the sale of food, beverages, etc. Motor fuels may be self-serve or dispensed by an attendant. Light maintenance activities to vehicles, including engine tune-ups, lubrication, repairs, and carburetor cleaning, may also be conducted. Characteristics include outdoor activity, high traffic generation and extended hours of operation. This use excludes heavy automobile repair, including, but not limited to, engine overhauls, automobile painting, and body work.

(b)

Zoning districts and conditions. Motor fuel stations are a conditional use in C-1 and C-2 with the following conditions:

(1)

If the use is located in the C-1 zoning district, hours of operation shall be between 6:00 a.m. and 11:30 p.m.

(2)

All pump islands, air dispensers and other service devices shall be installed at least 12 feet from any property line, and no display, servicing of vehicles, or parking shall take place within the required yard.

(3)

All parking and areas surfaced in asphalt or concrete shall meet the grading, design, and landscaping requirements of this chapter for off-street parking.

(4)

All on-site utility installations shall be placed underground.

(5)

Outside sale or display is permitted only for gasoline, seasonal items, and other goods consumed in the normal operation of a car, including, but not limited to, oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard, parking area, or drive aisle.

(6)

No public address system shall be audible from any property located in a residential zoning district.

(7)

Canopies and canopy support systems shall be designed and constructed of materials which are compatible with the principal structure.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "motor vehicle sales" means display, sale and rental of motor vehicles, watercraft, and recreational vehicles; motor vehicle service and repair often occur in conjunction with this use. Characteristics may include outdoor activity, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets.

(b)

Zoning districts and conditions. Motor vehicle sales are a conditional use in C-2 and I-1 with the following conditions:

(1)

All vehicles stored on the premises shall be insured and operable.

(2)

All outdoor lots for sales or rental shall be operated in conjunction with a building containing the same or similar materials as displayed on the outdoor lot.

(3)

The building and the lot for sales or rentals shall be on one contiguous property.

(4)

All vehicles shall be located on hard surfaces at all times. The hard surfaces shall meet all of the landscaping and design requirements of this chapter for off-street parking.

(5)

No outdoor public address system shall be audible from any parcel located in a residential zoning district.

(6)

All customer and employee parking shall be clearly designated and signed.

(7)

No motor vehicle transport loading or unloading shall be permitted on any minor residential street.

(8)

No display or storage of motor vehicles shall be permitted on any public right-of-way.

(9)

All parking, sales, rental, and storage lots shall be located a minimum of 100 feet from any property line in a residential zoning district.

(10)

Test driving shall be in accordance with all applicable federal, state and local laws and regulations.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "motor vehicle service and repair" means repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving motor vehicles and recreational vehicles. Characteristics may include the storage of vehicles, truck traffic, and night and weekend operating hours; motor fuel stations and auto body/painting are excluded.

(b)

Zoning districts and conditions. Motor vehicle service are repair is permitted with conditions in C-2, C-3, and I-1 with the following conditions:

(1)

No public address system shall be audible from any property located in a residential zoning district.

(2)

All repair, assembly, disassembly and maintenance of vehicles shall occur inside the primary structure except tire inflation, changing wipers, installation of batteries or adding oil.

(3)

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets.

(4)

The principal structure shall be located a minimum of 100 feet from any property line in a residential zoning district.

(5)

No test driving shall be permitted on any streets in a residential zoning district.

(6)

No car washes shall be permitted for public use.

(7)

No outdoor storage will be permitted.

(8)

No sales storage or display of used motor vehicles or recreational vehicles shall be permitted.

(9)

No inoperable vehicles shall be stored outside the primary structure.

(10)

All necessary governmental permits (i.e., VOC/air emissions, hazardous substance disposal) must be obtained and adhered to.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "nursery and greenhouse" means a business primarily engaged in providing services related to or conducting the retail sale of horticulture and floriculture products. These businesses typically produce their own stock.

(b)

Zoning districts and conditions. Nurseries and greenhouses are a:

(1)

Permitted use accessory use in A.

(2)

Conditional use in I-1 with the following conditions: All accessory plantings and gardens adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances, accessory plantings and gardens shall meet the required parking setback.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "nursing home" means a building licensed as a nursing home by the state and providing nursing care (as defined by Minn. Stats. § 144A.01, subd. 9) to at least 70 percent of the residents.

(b)

Zoning districts and conditions.

(1)

Nursing homes are permitted with conditions in R-2, R-3 and C-2 with the following conditions:

a.

The density shall not exceed 30 dwelling units per acre.

b.

The building design and placement must provide a residential environment with minimum exposure to noise and traffic.

c.

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

d.

The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls.

e.

Buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots.

f.

The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy as required for a nursing home/senior housing with services establishment.

g.

The development shall provide a lounge or other inside community rooms providing a minimum of 15 square feet per unit.

(2)

In a C-2 zoning district, the use shall not be located on a prime commercial property. A prime commercial property is one that, due to its location, street frontage, access, visibility, size or other features, would be appropriate for a large or high-traffic commercial use.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "office" means a building in which the handling of information or the performing of administrative services is conducted. The use includes services provided to persons both on site and off site on a walk-in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional offices. The use excludes hospitals or other medical facilities, except it may include up to a maximum of ten percent of the gross floor area in medical or dental offices. Characteristics include high peak period traffic generation between the hours of 8:00 a.m. to 5:00 p.m.

(b)

Zoning districts and conditions. Offices are a permitted use in TC, C-1, C-2, C-3, and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "outdoor sales/display" means the display and sale or rental of merchandise or equipment outside of an enclosed building; the use may include boat sales, canoe sales, nursery sales, lumber sales, but it excludes the sale of motor vehicles.

(b)

Zoning districts and conditions. Outdoor sales/display is:

(1)

Permitted with conditions in TC with the following conditions:

a.

The items displayed must be directly related to the principal use.

b.

The area allowed for outdoor sales is limited to 30 percent of the gross floor area used for the display and sale of merchandise or goods in the principal use.

c.

All lighting must be hooded and positioned so the light source is not visible from the public right-of-way or from neighboring properties in a residential zoning district and is compliant with the lighting regulations of this chapter.

d.

Areas where outdoor sales occur must be hard surfaced with asphalt or concrete.

(2)

Permitted with conditions in C-2 and C-3 with the following conditions:

a.

No public address system shall be audible from any property located in a residential zoning district.

b.

The site shall be kept neat and orderly.

c.

The use shall not be permitted within any required yard, bufferyard or landscaped area.

d.

This use shall be located a minimum of 100 feet from any property line in a residential zoning district.

e.

The operator of the use shall not sell or trade exclusively in used merchandise but shall have at least one-third of its stock on the site as new, unused merchandise.

f.

The items displayed must be directly related to the principal use.

g.

The entire site other than that used or required to be used for building, yard, bufferyard, or landscaping shall be surfaced in asphalt and concrete.

h.

String lighting is prohibited.

i.

The area of outdoor sales or rental lots used for storage and display of merchandise shall not exceed 500 square feet.

j.

A Type B bufferyard, as defined in this chapter, shall be installed and maintained along all public rights-of-way.

(3)

Permitted with conditions in I-1 with the following conditions:

a.

The items displayed must be directly related to the principal use.

b.

The site shall be kept neat and orderly.

c.

The area allowed for outdoor sales is limited to 30 percent of the gross floor area used for the display and sale of merchandise or goods in the principal building.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "outdoor seating" means the use of an adjacent, outside area by a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery for the same eating and drinking activities that occur within the establishment.

(b)

Zoning districts and conditions. Outdoor seating is:

(1)

Permitted with conditions in TC with the following conditions: The use shall be an accessory use to a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery.

(2)

Permitted with conditions in C-1 with the following conditions:

a.

The use shall be an accessory use to a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery.

b.

No speakers or other electronic devices which emit sound are permitted outside of the principal structure.

c.

Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.

d.

Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the building, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross floor area of the building, whichever is less.

(3)

Permitted with conditions in C-2 with the following conditions:

a.

The use shall be an accessory use to a restaurant, brewpub, brewer taproom, cocktail room, small brewer or microdistillery.

b.

The use shall be separated from any adjacent residential use by a building wall. This provision will not apply if the residential use is located in an upper story above a restaurant.

c.

No speakers or other electronic devices which emit sound shall be audible from any property located in a residential zoning district.

d.

Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 300 feet of any property line in a residential zoning district.

e.

Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "Class I outdoor storage" means the receiving, keeping, or shipping of goods and materials outside of an enclosed building where such use occupies an area no larger than 50 percent of the floor area of the principal structure. Outdoor storage includes only the unloading, loading, and keeping of materials; it may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials and containers. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard or salvage yard is excluded.

(b)

Zoning districts and conditions. Class I outdoor storage is:

(1)

Permitted with conditions in C-3 with the following conditions:

a.

The items stored must be directly related to the principal use.

b.

Outdoor storage areas shall be screened from view of all adjacent property and public street. Outdoor storage areas shall be screened by a 100 percent solid fence or wall of at least six feet in height. Privacy slats, wind screening or fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement.

c.

All outdoor storage areas adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback.

(2)

Permitted with conditions in I-1 with the following conditions:

a.

The items stored must be directly related to the principal use.

b.

Storage areas shall be fully screened. Screening shall be 100 percent opacity in the form of fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way.

c.

Stored materials shall not interfere with either on-site or off-site traffic visibility.

d.

All areas used for storage shall be surfaced in asphalt or concrete and a drainage plan for the site shall be approved by the city engineer.

e.

All outdoor storage areas adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "Class II outdoor storage" means the receiving, keeping or shipping of goods and materials outside of an enclosed building where such use occupies an area larger than 50 percent of the floor area of the principal structure. Outdoor storage includes only the unloading, loading, and keeping of materials; it may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials and containers. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard or salvage yard are excluded.

(b)

Zoning districts and conditions. Class II outdoor storage is a:

(1)

Conditional use in C-3 with the following conditions:

a.

Outdoor storage areas shall be screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a 100 percent solid fence or wall of at least six feet in height. Privacy slats, wind screening or other fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement.

b.

All outdoor storage areas adjacent to a residential zoning district shall meet the required building setbacks for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback.

c.

Storage or parking of vehicles larger than one ton capacity may be stored, provided that such vehicles are used in connection with a business located in the principal structure on site and are screened from view of adjacent residential property and public streets in accordance with the landscaping and screening requirements of this chapter.

(2)

Conditional use in I-1 with the following conditions:

a.

Outdoor storage areas shall be fully screened from view of all adjacent property and public streets. Outdoor storage areas shall be screened by a minimum 98 percent opacity fence or wall of at least six feet in height.

b.

All outdoor storage areas adjacent to a residential zoning district shall meet the required building setback for the industrial zoning district; in all other instances outdoor storage shall meet the required parking setback.

c.

Stored materials shall not interfere with either on-site or off-site traffic visibility.

d.

All storage areas shall be surfaced in asphalt or concrete, and a drainage plan for the site shall be approved by the city engineer; exceptions may be granted in the CUP for situations that may not warrant paving or may allow an equivalent surface material based on conditions such as distance of the storage area from a public street or the use of the storage area.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "freestanding parking lot" means a hard-surfaced area, typically asphalt or concrete, where the principal use is the temporary parking of licensed, operable motor vehicles for periods of less than 24 hours at a time and which has a means of access to a public street.

(b)

Zoning districts and conditions. Freestanding parking lots are a conditional use in TC, TC-T, R-1, R-2 and R-3 with the following conditions:

(1)

The parking lot must be accessory to an existing nonresidential or recreational use located within the same zoning district.

(2)

The parking lot must be located within 500 feet of the existing nonresidential or recreational use.

(3)

The parking lot must meet all the requirements for off-street parking in this chapter.

(4)

No storage of any kind is permitted on the property.

(5)

No structures are permitted on the property.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "on-site parking lot" means a hard-surfaced area, typically asphalt or concrete, as an accessory to the principal use of the property for the temporary parking of licensed, operable motor vehicles for employees and customers for periods of less than 24 hours at a time.

(b)

Zoning districts and conditions. On-site parking lots are a:

(1)

Conditional use in R-1, R-2 and R-3 with the following conditions:

a.

The parking lot must be accessory to an existing nonresidential or recreational use located within the same zoning district.

b.

The parking lot must meet all the recruitments for off-street parking in this chapter.

c.

No storage of any kind is permitted on the property.

(2)

Permitted use with conditions in TC and TC-T with the following conditions:

a.

The parking lot shall be located to the side or rear of the principal building, not between the building and the right-of-way.

b.

Parking lots adjoining the sidewalk or a walkway shall be separated from the sidewalk or walkway by a landscaped yard at least four feet wide, containing a decorative fence or wall between 2½ and three feet in height.

c.

One canopy tree shall be provided for each 25 linear feet of parking lot frontage on a public street or right-of-way.

d.

The corners of the parking lot and all other areas not used for parking or vehicular circulation shall be landscaped with turfgrass, native grasses or other perennial flowering plants, vines, shrubs, and trees. Such spaces may include architectural features such as benches, kiosks, or bicycle parking. The interior of parking lots containing 20 or more spaces shall contain landscaped areas equal to at least 15 percent of the total parking lot area, including a minimum of one deciduous shade tree per ten parking spaces. Lawns or landscaped areas within ten feet of the perimeter of the parking lot may be counted toward the required landscaping.

(3)

Permitted use in C-1, C-2, C-3, and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "parking ramp" means a structure built for the storage of licensed, operable motor vehicles for periods of less than 24 hours at a time.

(b)

Zoning districts and conditions. Parking ramps are a:

(1)

Permitted use with conditions in TC with the following conditions:

a.

The ramp shall be located to the side or rear of the principal building, not between the building and the right-of-way.

b.

Parking ramps adjoining the sidewalk or a walkway shall be separated from the sidewalk or walkway by a landscaped yard at least four feet wide, containing a decorative fence or wall between 2½ and three feet in height.

c.

One canopy tree shall be provided for each 25 linear feet of parking lot frontage on a public street or right-of-way.

d.

The corners of lots containing parking ramps and all other areas not used for parking or vehicular circulation shall be landscaped with turfgrass, native grasses or other perennial flowering plants, vines, shrubs and trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking. The interior of parking lots containing 20 or more spaces shall contain landscaped areas equal to at least 15 percent of the total parking lot area, including a minimum of one deciduous shade tree per ten parking spaces. Lawns or landscaped areas within ten feet of the perimeter of the parking lot may be counted toward the required landscaping.

(2)

Permitted accessory use in C-3 with the following conditions: The ramp shall be an accessory to a permitted or conditional use on the property.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "park/open space" means a structure or area used for passive recreation, including, but not limited to, hiking trails, natural areas, wildlife areas, arboretums and open grass areas.

(b)

Zoning districts and conditions. Park/open space is a permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "park/recreation" means a structure or land area used for active outdoor recreation activities such as baseball diamonds, tennis courts, basketball courts, playfields, playgrounds, outdoor swimming pools, fitness courses and driving ranges.

(b)

Zoning districts and conditions. Park/recreation is a permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "place of assembly" means a structure or portion thereof where 20 or more persons congregate for religious, political, or social purposes. Does not include a government structure or an educational establishment.

(b)

Zoning districts and conditions. Places of assembly are a:

(1)

Permitted use in A.

(2)

Permitted use with conditions in R-S, R-1, R-2 and R-3 with the following conditions:

a.

All buildings shall be located at least 30 feet from any property line in a residential zoning district.

b.

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "pole building" means a post frame construction building in which poles or timbers are inserted into the ground vertically, commonly at six- to ten-foot intervals with lateral supports, to form the primary support for the roof system and structure foundation.

(b)

Zoning districts and conditions. Pole buildings are a:

(1)

Permitted accessory use in A.

(2)

Conditional use in I-1 with the following conditions:

a.

The pole building will not alter the essential character of the neighborhood or zoning district.

b.

At least 60 percent of the use of the pole building will be designed for large space uses, including, but not limited to, warehouse, large vehicle or equipment repair and building materials.

c.

The pole building will be designed to be durable for industrial uses.

d.

Pole buildings are not eligible to receive city public financing assistance related to economic development.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "police/fire station/ambulance" means police-, fire-, and ambulance-related activities, either public or accredited with local health care facilities, designed to serve the public health and safety; the use may include an office component, storage of fire trucks, police cars and equipment, and the boarding of personnel within an enclosed building. Characteristics may include sporadic periods of loud noise, sirens, and activity.

(b)

Zoning districts and conditions. Police/fire station/ambulance uses are permitted with conditions in R-3, TC, C-1, C-2 and C-3 with the following conditions:

(1)

Buildings shall be located a minimum of 25 feet from any property in a residential zoning district.

(2)

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

(3)

Unobstructed visibility shall be provided from the driveway to the adjacent streets for emergency vehicles and a traffic light shall be installed at the entrance to the facility to control non-emergency traffic if recommended by the city engineer.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "printing process" means a commercial or industrial printing operation involving a printing, imprinting, reproduction, or similar process. Methods may include, but are not limited to, offset printing, lithography, web offset, and flexography.

(b)

Zoning districts and conditions. Printing processes are a permitted use in C-3 and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "indoor private entertainment" means any building operated on a commercial basis for the purpose of recreation, amusement, entertainment or training; the use may include, but is not limited to, theatres, health or fitness centers, game rooms, bowling alleys, swimming pools, miniature golf courses, pool halls, ballroom, bingo, gymnasium, ice or roller skating, baseball, basketball, gymnastics, dance, golf, soccer, football, tennis, or similar athletic and recreation activities, any of which are located indoors, but excluding golf courses.

(b)

Zoning districts and conditions. Indoor private entertainment is permitted with conditions in TC, C-2, C-3 and I-1 with the following conditions:

(1)

The use shall be located a minimum of 60 feet from any property line in a residential zoning district.

(2)

The use shall provide a designated dropoff/pickup area that is physically separated from truck loading/unloading areas.

(3)

The number of necessary parking spaces will be based on the individual uses as designated in the off-street parking standards of this chapter.

(4)

All use activities shall be conducted within the principal structure.

(5)

Hours of operation shall be limited to 5:00 a.m. to 10:00 p.m. on weekdays and 5:00 a.m. to 11:00 p.m. on weekends.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "outdoor private entertainment" means any property operated on a commercial basis for the purpose of recreation, amusement, entertainment or training; the use may include, but is not limited to, theatres, swimming pools, miniature golf courses, ice or roller skating, baseball, basketball, gymnastics, dance, golf, soccer, football, tennis, or similar athletic and recreation activities, but excluding golf courses.

(b)

Zoning districts and conditions. Outdoor private entertainment is a conditional use in A with the following conditions:

(1)

Access to the site shall be from a major or minor collector or arterial street.

(2)

The use shall be located a minimum of 100 feet from any property line in a residential zoning district.

(3)

The use shall provide a designated dropoff/pickup area that is physically separated from truck loading/unloading areas.

(4)

Hours of operation shall be limited to 5:00 a.m. to 10:00 p.m. on weekdays and 5:00 a.m. to 11:00 p.m. on weekends.

(5)

No outdoor public address system shall be audible from any parcel located in a residential zoning district.

(6)

The site shall be kept neat and orderly.

(7)

Functioning restroom facilities shall be accessible on the property for all users during hours of operation. The restrooms shall either be connected to municipal sanitary sewer or shall be portable toilets as approved by the zoning administrator.

(8)

The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(9)

Garbage receptacles shall be made available on the property and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse.

(10)

No light, sound, odor, or vibration originating from the property shall be discernible at any abutting property line.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "public service structure" means structures which include water towers, utility and public service-related distribution facilities, and wastewater and stormwater drainage structures, but excludes electrical utility substations. These facilities are normally serviced by small trucks several times per day and by larger vehicles or equipment on a periodic basis. Buildings typically have large windowless walls and an institutional appearance.

(b)

Zoning districts and conditions. Public service structures are:

(1)

Permitted with conditions in A with the following conditions:

a.

No public service structure shall be located within 200 feet of any property line in a residential zoning district.

b.

All services drives shall be surfaced in asphalt or concrete.

c.

A bufferyard, Type C as defined in this chapter, shall be installed and maintained along all public rights-of-way and along all property lines abutting a residential use district.

d.

All outdoor storage areas accessory to the public service structure must be located a minimum of 50 feet from any property line.

(2)

Permitted with conditions in R-S, R-1, R-2 and R-3 with the following conditions:

a.

All structures shall be located a minimum of 15 feet from any property line in a residential zoning district.

b.

All service drives shall be surfaced in asphalt or concrete.

c.

A bufferyard, Type C as defined in this chapter, shall be installed and maintained along all property lines abutting a residential zoning district.

(3)

Permitted with conditions in TC, C-1 and C-2 with the following conditions:

a.

All structures shall be located a minimum of ten feet from any property line in a residential zoning district.

b.

All service drives shall be surfaced in asphalt or concrete.

(4)

Permitted with conditions in C-3 and I-1 with the following conditions:

a.

All structures shall be located a minimum of 25 feet from any property line in a residential zoning district.

b.

All service drives shall be surfaced in asphalt or concrete.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. See division 5 of this article.

(b)

Zoning districts and conditions. See chapter 8, article VIII and division 5 of this article.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "recreational dome" means a translucent or opaque fabric structure supported by air.

(b)

Zoning districts and conditions. Recreational domes are a conditional use in R-1, R-2, R-3, and I-1 with the following conditions:

(1)

The dome must be accessory to an existing use located within the same zoning district.

(2)

No outdoor storage of any kind is permitted on the site.

(3)

A bufferyard, Type C as defined in this chapter, shall be installed and maintained along property lines abutting a residential zoning district.

(4)

Hours of operation shall be limited to 5:00 a.m. to 10:00 p.m. on weekdays and 5:00 a.m. to 11:00 p.m. on weekends.

(5)

All mechanical equipment shall be fully screened.

(6)

All structures shall be located a minimum of 60 feet from any property line in a residential zoning district, and the setback shall be increased by an additional foot for each one foot in height that the structure exceeds 60 feet.

(7)

No light or vibration originating from the structure or supporting equipment shall be discernible at the property line.

(8)

The structure shall not exceed 75 feet in height.

(9)

The structure shall be of a color that provides for maximum integration within its surroundings.

(10)

The dome structure shall be fully insulated.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "recycling center" means a center for the collection, processing, or repair of recyclable materials for reuse in their original form or use in manufacturing processes.

(b)

Zoning districts and conditions. Recycling centers are a permitted use in A.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "research and testing laboratories" means buildings used for carrying on investigation in natural or physical sciences, or engineering and development as an extension of investigation with the objective of creating end projects, on a contractual or fee basis.

(b)

Zoning districts and conditions. Research and testing laboratories are permitted in C-3 and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "restaurant and club/lodge" means an establishment whose principal business is the sale of food and beverages, with or without liquor, which are prepared and served in individual portions in a ready to consume state for consumption on site. The use often includes drive-through, drive-up window and delivery service. It is preferably located on major thoroughfares with no access to residential streets.

(b)

Zoning districts and conditions. Restaurants and clubs/lodges are permitted with conditions in TC and C-1, and C-2 with the following conditions:

(1)

Access shall be located to minimize access to and from local residential streets.

(2)

Drive-through and drive-up facilities are not permitted in the TC and C-1 districts.

(3)

Drive-through and drive-up facilities are permitted as an accessory use in the C-2 district subject to the following conditions:

a.

A maximum of two drive-through lanes is allowed.

b.

A Type B bufferyard shall be provided between the drive-through facilities/vehicle stacking areas and adjacent streets. The drive-through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement or increase the potential for pedestrian or vehicular conflicts.

c.

No part of a street may be used for stacking of automobiles.

(4)

Access to and from an outdoor area shall be through the indoor seating area. There shall be no direct access to an outdoor seating area from the parking lot or street.

(5)

Food service to an outdoor area shall be provided during all hours of operations.

(6)

Hours of operation for outdoor seating shall be limited to 8:00 a.m. to 10:00 p.m. if the outdoor seating area is located within 200 feet from a residentially zoned property.

(7)

No bar shall be located in an outdoor area, except a service bar for the exclusive use of the employees.

(8)

No outdoor amplified music or public address system shall be discernible from a property in a residential zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "retail" means a use where merchandise or equipment is displayed, rented, or sold and where delivery of merchandise or equipment to the ultimate consumer is made; the use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after morning peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m., although some convenience stores and grocery stores are open 24 hours per day. Characteristics include high parking demand and high off-peak traffic generation; prefers high visibility and access to major thoroughfares. This use includes, but is not limited to, clothing stores, department stores, grocery stores, discount stores, jewelry stores, liquor stores, delicatessens, retail bakeries, and toy stores, but excludes restaurants, motor vehicle sales, and motor fuel stations.

(b)

Zoning districts and conditions. Retail is a permitted use in TC, C-1, and C-2.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "pre-K—12 school" means an establishment primarily engaged in providing instructional services to elementary and secondary students with a curriculum that complies with state regulations.

(b)

Zoning districts and conditions. Pre-K—12 school is permitted with conditions in R-S, R-1, R-2, and R-3 with the following conditions:

(1)

Access to the site shall be from a major or minor collector or arterial street as designated in the comprehensive plan.

(2)

Buildings shall be located at least 100 feet from any dwelling on adjacent property.

(3)

A Type C bufferyard as defined in this chapter shall be installed and maintained along any property line abutting a residential zoning district.

(4)

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "business/trade school" means a post-secondary educational facility serving persons typically over 17 years of age which provides specialized education to develop a skill to prepare for a specific job. Equipment or processing which simulates an industrial or commercial work setting may be included.

(b)

Zoning districts and conditions. Business/trade school is permitted in C-3 and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "self-service storage facility" means a business consisting of a structure or group of structures containing separate storage spaces leased for the storage of goods, products, materials or other objects.

(b)

Zoning districts and conditions. Self-service storage facilities are a:

(1)

Conditional use in C-3 with the following conditions:

a.

The building shall have interior compartment doors only. No exterior access to individual compartments is allowed.

b.

Maximum building height shall be two stories or 35 feet, whichever is less.

c.

No areas on site shall be utilized as residential dwelling units.

d.

If the proposed buildings are within 100 feet of an abutting property which is used or zoned residential, a minimum six-foot fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100 percent opacity in the form of a fence, wall, or berm along any residential zoning district. Privacy slats, wind screening or other fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement.

e.

Trash, dock areas, and mechanical equipment shall be screened in accordance with the landscaping and screening requirements of this chapter.

f.

No outdoor storage is permitted on site, including, but not limited to, vehicles, recreational vehicles, portable storage units, and construction materials.

g.

No storage of hazardous, explosive, or flammable materials in violation of the state fire code.

h.

No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on the property.

i.

No amplified music/sound, nor wholesale or retail sales, nor garage sales are permitted.

j.

Exterior materials shall be in accordance with the design standards of this chapter. Each building wall visible from off site shall have a wall deviation at least every 40 feet that is a minimum depth of two feet. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five percent of each building façade can consist of bright or franchise colors.

k.

The site shall be maintained free of litter, odors, pests, and shall be cleaned of loose debris.

l.

All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway.

(2)

Permitted use with conditions in I-1 with the following conditions:

a.

No compartment doors shall be allowed on a building façade which faces property in a residential zoning district.

b.

No areas on-site shall be utilized as residential living units.

c.

Maximum building height shall be two stories or 35 feet, whichever is less.

d.

If the proposed buildings are within 100 feet of an abutting property which is used or zoned residential, a minimum six-foot-tall fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100 percent opacity in the form of a fence, wall, or berm along any area visible from any property in a residential zoning district. Privacy slats, wind screening or other fence inserts, commonly used with chain-link fencing, shall not be used to achieve this screening requirement.

e.

No outdoor storage is permitted on site, including, but not limited to, vehicles, recreational vehicles, portable storage units, and construction materials.

f.

No storage of hazardous, explosive, or flammable materials is permitted.

g.

No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site.

h.

Amplified music/sound, auctions, wholesale, retail sales and garage sales are not permitted.

i.

Exterior materials shall be in accordance with the design requirements of this chapter. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five percent of each building façade can consist of bright or franchise colors.

j.

All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "senior housing" means a building intended and operated for occupancy by persons 55 years of age or older, provided that at least 80 percent of the units are occupied by at least one person 55 years of age or older.

(b)

Zoning districts and conditions. Senior housing is permitted with conditions in R-2 and R-3 with the following conditions:

(1)

The density shall not exceed 30 dwelling units per acre.

(2)

The building design and placement must provide a residential environment with minimum exposure to noise and traffic.

(3)

Safe and adequate pedestrian access to open space, plazas and pedestrian ways must be provided.

(4)

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

(5)

The property must contain a minimum of 200 square feet of usable open space per dwelling unit. Alternatively, public parks or plazas within 300 feet of the property may be used to meet this requirement.

(6)

A minimum of 25 percent of the usable open space on the property shall be developed as outdoor recreation or garden areas.

(7)

The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls.

(8)

Buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots.

(9)

The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy as required for senior housing.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "senior housing with services establishment" means a building registered as a housing with services establishment by the state and providing supportive services (as defined in Minn. Stats. § 144G.08, subd. 67) or health-related services to at least 70 percent of the residents.

(b)

Zoning districts and conditions.

(1)

Senior housing with services establishments are permitted with conditions in R-2, R-3, and C-2 with the following conditions:

a.

The density shall not exceed 30 dwelling units per acre.

b.

The building design and placement must provide a residential environment with minimum exposure to noise and traffic.

c.

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.

d.

The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls.

e.

Buildings shall be located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots.

f.

The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy as required for a senior housing with services establishment.

g.

The development shall provide a lounge or other inside community rooms providing a minimum of 15 square feet per unit.

(2)

In a C-2 zoning district, the use shall not be located on a prime commercial lot. A prime commercial lot is one that due to its location, street frontage, access, visibility, size or other features would be appropriate for a large or high-traffic commercial use.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "service" means on-site service provided directly to an individual, including, but not limited to, barbershops, beauty shops, massage parlors, laundromats, and shoe repair shops.

(b)

Zoning districts and conditions. Service is a permitted use in TC, C-1, and C-2.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "shopping center" means a group of commercial uses planned, developed or managed as a unit which has common parking facilities and contains a minimum of 50,000 square feet of total floor area. Shopping centers may include more than one building and more than one contiguous property. Theaters and restaurants with liquor which locate within shopping centers will be considered separate principal uses for establishing parking requirements.

(b)

Zoning districts and conditions. Shopping centers are a:

(1)

Permitted use with conditions in TC with the following conditions:

a.

Shopping center shall be under 150,000 square feet in gross floor area.

b.

Parking shall be provided on the property.

(2)

Permitted use with conditions in C-1 and C-2 for shopping centers under 150,000 square feet in gross floor area with the following conditions:

a.

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets.

b.

All buildings and structures shall be set back a minimum of 75 feet from any property line in a residential zoning district.

(3)

Conditional use in C-2 for shopping centers of 150,000 square feet or greater with the following conditions:

a.

Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be located in a manner so that access can be provided without generating significant traffic on local residential streets.

b.

All buildings and structures shall be set back a minimum of 75 feet from any property line in a residential zoning district.

c.

Any in-vehicle sales or service included in a shopping center must comply with the conditions for in-vehicle sales or service.

d.

Outdoor sales/display, other than permitted as a temporary outdoor display, shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the site design and complies with the following additional conditions:

1.

The size of the outdoor sales/display areas may be no greater than 30 percent of the ground floor building area of the associated principal uses and may be further restricted as deemed appropriate to the scale of the shopping center and associated indoor uses.

2.

A masonry wall shall be required around the entire outdoor sales/display area and shall utilize the same exterior materials as the principal building; landscaping may also be required to supplement the appearance of the wall and diminish views of the area from surrounding properties.

3.

No outdoor sales/display items other than plant materials may extend above the height of the wall.

4.

Any temporary or permanent buildings associated with the outdoor sales/display area must be architecturally integrated with the principal buildings and approved as part of the conditional use permit.

e.

All stores that provide shopping carts must include interior and exterior cart storage areas; areas within parking lots for the temporary storage of shopping carts must be separated from parking spaces by curbed, landscaped islands and shall not include metal cart corrals. Other outdoor shopping cart storage areas must be screened utilizing architectural screening of the same exterior materials as the principal building.

f.

Shopping centers may reserve at least ten percent of required parking spaces as landscaped open space for a minimum of two years after issuance of the certificate of occupancy. At any time during the first two years or thereafter, such open space shall be converted to parking if the zoning administrator finds that such parking is necessary based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. This requirement may be waived by the planning commission if open space in excess of the minimum requirements is provided in other areas of the site. After two years, the open space may be converted to parking if deemed necessary by the property owners.

g.

Cumulative parking requirements may be reduced by up to 30 percent of required spaces at the sole discretion of the planning commission if one or more of the following are provided:

1.

Proof of parking areas in excess of minimum required to be set aside as open space;

2.

A written agreement to construct parking ramps or other means of satisfying parking requirements, when and if warranted as determined by the zoning administrator, based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking;

3.

Joint parking/shared parking arrangements between uses;

4.

Off-site employee parking, employee car/van pooling, or provision of employee transit passes;

5.

Superior transit, pedestrian, or bicycle access and bicycle parking.

h.

All trash handling and loading areas must be interior or utilize architectural screening consisting of the same exterior facing materials as the principal building.

i.

Truck circulation and loading areas must be separated from streets and properties adjoining the site by a bufferyard. Single-use buildings over 10,000 square feet and multiple-use buildings over 15,000 square feet that are constructed after adoption of the ordinance from which this chapter is derived must utilize a landscaped bufferyard that is a minimum of 40 feet in width in order to satisfy this requirement. Such bufferyard must include a minimum five-foot-tall berm along its entire length, a double row of evergreen trees that are each a minimum of eight feet tall at planting and spaced no more than 25 feet apart, and deciduous trees interspersed with the evergreen plantings.

j.

Shopping centers must visually integrate all buildings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window treatments.

k.

Buildings and additions to existing buildings may not exceed the unbroken building wall length to height ratio of 3:1; if the 3:1 ratio is used, each building wall deviation must be a minimum depth of two feet; if a 2:1 building wall length to height ratio is used, the depth of each building wall deviation may be reduced to one foot.

l.

Buildings and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view.

m.

Shopping centers must include sidewalks along all public street rights-of-way and on-site pedestrian connections that are separated form parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk.

n.

Shopping centers must provide either outdoor or indoor public plazas. Public plazas must have a minimum size of ten percent of the total ground floor building area of the shopping center (including outdoor sales building area) and shall contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall food courts are not included in public plaza areas. Outdoor public plazas shall be designed to break up large areas of parking and shall be accessible via landscaped pedestrian islands described in subsection (b)(3)m of this section.

o.

The minimum property area is seven acres.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "showroom" means the display of merchandise and equipment and its sale to a customer where delivery of purchased merchandise is made directly to the consumer from a warehouse. Merchandise or equipment which is sold may include, but is not limited to, furniture, appliances, plumbing fixtures, lighting, and carpeting.

(b)

Zoning districts and conditions. Showrooms are a:

(1)

Permitted use in TC for showrooms with 10,000 square feet or less maximum floor area.

(2)

Permitted use in C-2, C-3, and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "small brewer" means an establishment operating as a small brewer pursuant to chapter 4, article II.

(b)

Zoning districts and conditions. Small brewers are a:

(1)

Permitted use in TC.

(2)

Conditional use in C-2, C-3, and I-1 with the following conditions:

a.

Access to the use shall be from a roadway identified in the comprehensive plan as a collector street or located in a manner so that access can be provided without generating significantly increased commercial traffic on local residential streets.

b.

All customer entrances to the use shall be located a minimum of 100 feet from any property line located in a residential zoning district. In the case of a multi-tenant building, the entrance will be measured from the collective entrance. In the case of an entrance with a vestibule, the most exterior customer entrance door will be the point of measurement.

c.

If the building housing the use is located less than 100 feet from any property line in a residential zoning district, the following additional conditions shall be met:

1.

All customer entrances to the use shall be through a vestibule area with an inside and outside door.

2.

No outdoor amplified music, public address system, or outdoor special event is permitted.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "commercial stable" means a structure or land area used to keep horses for sale or hire to the public. Breeding, boarding, or training of horses may also be conducted. The use may also include commercial riding arenas open to the general public.

(b)

Zoning districts and conditions. Commercial stables are a conditional use in A with the following conditions: The buildings in which animals are kept must be at least 100 feet from any property line.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "private stable" means an accessory structure or land area that is designed, arranged, used, or intended to be used for the keeping of horses for the private use of the occupants of the dwelling and their guests, but in no event for hire.

(b)

Zoning districts and conditions. Private stables are a permitted use in A.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "state-licensed residential facility" means a state-licensed 24-hour-per-day residential facility providing persons with care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment and resident staff who live together as a single housekeeping unit. The use includes group counseling, some supervision and treatment programs. The maximum number of clients served is specified by state statute. Persons served may include the developmentally disabled or challenged, chemically dependent and severely physically disabled.

(b)

Zoning districts and conditions. State-licensed residential facilities are:

(1)

Permitted with conditions in A, R-S and R-1 with the following conditions:

a.

The facility may serve no more than six residents.

b.

A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care.

c.

The dwelling unit structure shall provide one bathroom for each four persons under care.

d.

The dwelling unit structure shall provide one bedroom for each two persons under care.

e.

The use shall not be located within 1,500 feet of another state-licensed residential facility.

(2)

Permitted with conditions in R-2 and R-3 with the following conditions:

a.

The facility may serve no more than 16 residents.

b.

A minimum of 150 square feet of outdoor area for seating or exercise area shall be provided for each person under care.

c.

The dwelling unit structure shall provide one bathroom for each four persons under care.

d.

The dwelling unit structure shall provide one bedroom for each two persons under care.

e.

The use shall not be located within 1,500 feet of another state-licensed residential facility.

f.

Off-street dropoff and loading areas must be provided which do not interfere with traffic and pedestrian movements.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "state-licensed nonresidential facility" means a state-licensed program providing care, supervision, rehabilitation, training of persons in a nonresidential, less than 24 hours per day setting, including adult day care. The use includes outpatient group counseling, some supervision and treatment programs. The maximum number of clients served is specified by state statute. Persons served may include the developmentally disabled or challenged, chemically dependent and severely physically disabled.

(b)

Zoning districts and conditions. State-licensed nonresidential facilities are permitted with conditions in C-1 and C-2 with the following conditions:

(1)

Buildings shall be located at least 50 feet from any dwelling on adjacent property.

(2)

An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "studio" means a building where the practice or study of the visual and audio arts occurs, and may include painting, sculpting, photography, recording, radio and television studios. This use also includes gymnastic and dance studios and studios for the martial arts. This use does not include large industrial photography or printing processes.

(b)

Zoning districts and conditions. Studios are permitted in TC, C-1, C-2, and C-3.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "temporary agricultural commodity" means the temporary outdoor sale of Christmas trees or other agricultural commodities.

(b)

Zoning districts and conditions. Temporary agricultural commodities are permitted with conditions in A, C-1, C-2, C-3, and I-1 with the following conditions:

(1)

May be located within required yards; but not within 15 feet of any public right-of-way or where prohibited by traffic visibility regulations in this chapter.

(2)

Shall not occur for more than 90 days within a calendar year on any parcel.

(3)

Shall not be permitted in any bufferyard.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "temporary construction structure" means a temporary building or structure used for office and equipment storage incidental to an ongoing construction project on the parcel.

(b)

Zoning districts and conditions. Temporary construction structures are permitted with conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1 with the following conditions:

(1)

No construction structure, except a temporary sales trailer as allowed in section 10-314, shall be permitted beyond the time necessary to construct the project.

(2)

No construction structure shall be located within the dripline of any trees which are designated to be saved under the approved tree preservation plan.

(3)

Construction structures may be located within required yards; but not within 15 feet of any public right-of-way.

(4)

No construction structure shall be located within an existing bufferyard.

(5)

All construction structures must be removed before a final occupancy permit is issued.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "temporary on-site equipment and material storage" means on-site storage of equipment or materials related to an ongoing construction project on the parcel.

(b)

Zoning districts and conditions. Temporary on-site equipment and material storage is permitted with conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1 with the following conditions:

(1)

Construction materials shall not be placed on a construction site unless a valid building permit has been issued for that construction.

(2)

Construction materials shall not be permitted on site after the completion of the project.

(3)

Construction materials may not be located within the dripline of any trees which are to be saved under the approved tree preservation plan.

(4)

Construction materials may be located within required yards, but not within 15 feet of any public right-of-way.

(5)

Any land that will be used to store any equipment or construction materials for a period exceeding 120 days shall be screened from view from any properties within a residential zoning district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "temporary outdoor sales" means the display and sale or rental of merchandise or equipment outside of an enclosed building for a time not to exceed six months in a calendar year on any parcel.

(b)

Zoning districts and conditions. Temporary outdoor sales are permitted with conditions in TC, TC-T, and I-1 with the following conditions:

(1)

No merchandise or equipment shall be stored outdoors overnight.

(2)

Temporary outdoor sales areas which exceed 100 square feet shall be permitted for a period not to exceed four consecutive days or a total of 12 days in any calendar year.

(3)

Temporary sales shall be allowed only if associated with a permitted retail business operating within a building on the parcel in which the same or similar merchandise if offered for sale.

(4)

Temporary sales shall be permitted in required front, side, and rear yards unless prohibited by traffic visibility regulations in this chapter.

(5)

Temporary outdoor sales shall not be allowed in any required landscaped area or bufferyard or within the public right-of-way.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "temporary pollution abatement structures and equipment" means equipment or structures required to abate pollution on a parcel when the pollution abatement is required by the state pollution control agency.

(b)

Zoning districts and conditions. Temporary pollution abatement structures and equipment are permitted with conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1 with the following conditions:

(1)

Pollution abatement structures and equipment shall be permitted for a period not to exceed 60 months. If the abatement is not completed within 60 months, the period may be extended by the zoning administrator, provided that a statement is provided to the zoning administrator which shows the progress of abatement and an estimate of the length of time needed to complete the project.

(2)

Equipment and structures shall not displace required off-street parking.

(3)

Equipment and structures shall not be located within any required yards, except where it is demonstrated that no other areas exist on a designated parcel.

(4)

Structures shall meet all of the applicable architectural requirements of the zoning district in which they are located.

(5)

Any landscape materials which are displaced as a result of the structure or equipment shall be replaced when the structure or equipment is removed.

(6)

A letter of credit shall be filed before the installation of any structure or equipment to ensure its removal after pollution abatement is completed and to ensure the replacement of displaced landscape materials.

(7)

All equipment and structures shall be removed and landscape materials replaced within six months after the completion of the pollution abatement. Pollution abatement shall be considered to be complete when notice has been received from the state pollution control agency stating the abatement has been completed.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "temporary sales trailer" means a temporary structure within a residential development project for use as a sales or rental office for the units on the same site.

(b)

Zoning districts and conditions. Temporary sales trailers are permitted with conditions in R-1, R-2, and R-3 with the following conditions:

(1)

The sales trailer shall be removed at build-out of the project or when a model home is constructed, whichever occurs earlier.

(2)

No structure shall be located within the dripline of any trees which are designated to be saved under the approved tree preservation plan.

(3)

Sales trailers may be located within required yards; but not within 15 feet of any public right-of-way.

(4)

No structure shall be located within an existing bufferyard.

(5)

A paved parking area must be provided for the sales trailer.

(6)

Approval of a site plan is required prior to the placement of any sales trailer.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "temporary seasonal structure" or "temporary seasonal cabin" means a structure used or intended to be used in a seasonal manner and removed or sealed for the off season.

(b)

Zoning districts and conditions. Temporary seasonal structures or temporary seasonal cabins are permitted with conditions in A, R-S, R-1, R-2, C-1, C-2, C-3, and I-1 with the following conditions:

(1)

Seasonal structures may be used only for uses permitted within the underlying zoning district.

(2)

Seasonal structures shall not be permitted for a period of time exceeding six months in a calendar year.

(3)

Seasonal structures shall not be permitted within 15 feet of any public right-of-way.

(4)

No significant trees shall be removed for the placement of a seasonal structure.

(5)

Any landscaping material which is displaced by the seasonal structure shall be replaced upon removal of the temporary structure.

(6)

Seasonal structures shall not be permitted in any required bufferyards.

(7)

Approval of a site plan is required prior to the placement of any seasonal structures.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "transportation facility" means the storage or layover of passenger buses, motor coaches, rental vehicles, taxis, van pools, rental moving vehicles, or similar uses (typically includes parking, storage of vehicles, and may include some maintenance). The use does not include parking of cars/vans/pickups that are accessory to a primary use.

(b)

Zoning districts and conditions. Transportation facilities are permitted with conditions in I-1 with the following conditions:

(1)

Parking areas shall be screened with fencing, landscaping, berming or some combination thereof from all property lines and abutting public rights-of-way.

(2)

No inoperable vehicles shall be stored outside the primary structure or designated screened storage areas.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "warehouse/storage/distribution" means a building for receiving, holding, shipping and occasional packaging of commodities. With the exception of loading and unloading of commodities, and parking and storage of trailers, all functions are generally within an enclosed building. Characteristics may include high truck traffic and low parking demand. This use may include, but is not limited to, conventional warehouse facilities and joint warehouse and storage facilities.

(b)

Zoning districts and conditions. Warehouses/storage/distribution is a permitted use in C-3 and I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "waste hauler" means the collection and transporting, delivering, and disposing of solid waste and recyclable materials generated from commercial and residential premises. For the purpose of this definition, this use does not include the collecting and transporting, delivering, and disposing of hazardous waste, as defined in Minn. Stats. § 609.671.

(b)

Zoning districts and conditions. Waste haulers are permitted with conditions in I-1 with the following conditions:

(1)

The property shall not abut any property in a residential zoning district.

(2)

Storage of materials outside a principal building or enclosed container is not permitted. Outdoor storage of containers is subject to the screening requirements of this chapter.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "wholesale" means the selling of merchandise to retailers, or to industrial, commercial or professional business customers, or to other wholesalers or on a mail-order basis to individuals or firms, or which serve as agents or brokers buying merchandise for, or selling merchandise to, individuals and companies.

(b)

Zoning districts and conditions. Wholesale is a:

(1)

Permitted use with conditions in C-3 with the following conditions:

a.

The use shall occur entirely within an enclosed building.

b.

The use does not involve live animals.

(2)

Permitted use in I-1.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Definition. The term "wind generator" means a turbine having a large vaned wheel rotated by the wind to generate activity and extract usable energy from winds.

(b)

Zoning districts and conditions. Wind generators are a conditional use in I-1 with the following conditions:

(1)

All structures shall be located a minimum of 300 feet from any property line in a residential zoning district.

(2)

All structures shall be located a minimum of 100 feet from any property line in all districts other than a residential zoning district.

(3)

No light, sound or vibration originating from the structure shall be discernible at any property line in a residential use district.

(Prior Code, § 1122.300; Ord. No. 122-01, 4-2-2022; Ord. No. 122-10, 8-13-2022; Ord. No. 123-03, 6-5-2023)

(a)

Generally. All land within the city limits shall be assigned to one of the following zoning districts:

(1)

A Agricultural. The purpose of the A zoning district is to protect existing agricultural investments until such time as public utilities may be extended and there is a need for additional urban development. It is also intended to provide for larger lots to ensure that the feasibility of future urban development is not compromised.

(2)

R-S Rural Subdivision Residential. The purpose of the R-S zoning district is to provide suitable areas for large lot development outside of the metropolitan urban service area identified on the comprehensive plan. The emphasis in these areas is on single-family residential development. The zoning district provides for other uses which are compatible with the overall low density of these areas and which will serve the residential neighborhood.

(3)

R-1 Low Density Residential. The purpose of the R-1 zoning district is to provide areas where the emphasis is on single-family residential development. The zoning district provides for other uses which are compatible with the overall low density of these areas and which will serve the residential neighborhood.

(4)

R-2 Medium Density Residential. The purpose of the R-2 zoning district is to provide areas which are or will be developed with a mixture of residential dwelling types that are of an overall to medium density.

(5)

R-3 High Density Residential. The purpose of the R-3 zoning district is to provide for multifamily residential uses of the highest intensity, along with supportive uses of similar intensity.

(6)

TC Town Center. The purpose of the TC zoning district is to provide for a variety of commercial and residential uses within the framework of a traditional downtown area. The district also contemplates and provides for pedestrian circulation, urban and civic design and the creative reuse of existing buildings. The town center district is designed to express the city's commitment to maintain and enhance the vitality of the downtown area by establishing minimum criteria for the development and redevelopment of commercial, residential and public buildings while promoting amenities intended to attract business, residents and visitors. Specific objectives include:

a.

To improve the visual quality of downtown.

b.

To reinforce the physical character of downtown by focusing on the design context.

c.

To expand the employment base and number of residents living downtown.

d.

To preserve and reuse existing buildings and establish standards for the construction of new ones.

e.

To accommodate and promote commercial, residential, educational, cultural and governmental uses within the downtown area.

f.

To establish clear development and redevelopment guidelines.

(7)

TC-T Transitional Town Center. The purpose of the TC-T zoning district is to provide a special designation for the fringe areas of the historical and recognized downtown business area. Eventually redevelopment, stimulated in part by available city programs, should encourage the complete transition of this district to commercial uses which are compatible with the purposes of the town center. New development and redevelopment in the TC-T zoning district will only be permitted if it conforms to the uses allowed in the TC zoning district.

(8)

C-1 Neighborhood Business. The C-1 zoning district permits low intensity, service-oriented commercial uses that support the surrounding residential neighborhoods. Limits will be placed on the type, size and intensity of commercial uses in this district to ensure and protect compatibility with adjacent residential areas.

(9)

C-2 General Business. The purpose of the C-2 zoning district is to:

a.

Allow the concentration of general commercial development for the convenience of the public and for mutually beneficial relationship of commercial development in those areas located away from residential areas designated by the comprehensive plan;

b.

Provide space for community facilities and institutions that appropriately may be located in commercial areas;

c.

Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;

d.

Minimize traffic congestion; and

e.

Carefully regulate the intensity of commercial development as it refers to both internal site factors and external impacts.

(10)

C-3 Business Park. The purpose of the C-3 zoning district is to promote high standards of design and construction for business park uses in the city. These standards are set forth in order to enhance the visual appearance of each C-3 zoning district within the city, to preserve the taxable value of property and to promote the public health, safety and welfare.

(11)

I-1 General Industrial. The purpose of the I-1 zoning district is to provide areas of the city which will allow general industrial uses which, due to their size and nature, would not conform to the C-3 zoning district.

(b)

Interpretation of R-S, R-1, R-2 and R-3 districts as residential. For purposes of this chapter, R-S, R-1, R-2, and R-3 are considered residential zoning districts.

(Prior Code, § 1120.100)

The boundaries of the zoning districts listed in section 10-161 are shown on the zoning map. The map and all amendments shall be maintained in the offices of the community development department. The map shall be referred to in this chapter as the zoning map or map. The map and all of the notations, references and other information shown on it are made a part of this chapter by reference and shall have the same force and effect as if fully set forth in this chapter.

(Prior Code, § 1120.200; Ord. No. 122-02, 5-14-2022; Ord. No. 122-03, 5-28-2022)

Minn. Stats. § 462.359 provides a procedure and the proper use of official maps which identify land needed for future public uses. The city has not adopted an official map but reserves the right to do so in the future pursuant to Minn. Stats. § 462.359.

(Prior Code, § 1120.300)

(a)

Land uses. Zoning district boundary lines indicated on the zoning map are intended to follow lot lines, the centerlines of streets or alleys, including centerlines as projected, railroad right-of-way lines, the center of watercourses, or the corporate limit lines as they exist upon the effective date of the ordinance from which this chapter is derived. If zoning district boundary lines do not follow any of the above-described lines, the zoning administrator shall determine the location of the line by from the official copy of the zoning map.

(b)

Lot of record. Where a zoning district boundary line divides a lot of record which was in single ownership at the time of enactment of the ordinance from which this chapter is derived and places portions of such lot of record in two or more zoning districts, any portion of such lot within 50 feet on either side of dividing district boundary line may be used for any use permitted in either zoning district. If the lot is wider than the 50-foot limitation, the zoning district line as shown shall prevail.

(c)

Structure. If a zoning district boundary line passes through a structure, the boundary line shall be adjusted so that the line falls outside of the structure at a location most compatible with the purpose and intent of this chapter.

(Prior Code, § 1120.400)

(a)

Zoning of land. Land areas which may be added to the city by annexation, merger, or other means shall be classified as R-1 (low density residential) on the zoning map upon annexation.

(b)

Floodway and floodplain. Property which is annexed to the city by any means or process and which is located within a designated special flood hazard area inundated by the 100-year flood on the adopted flood insurance rate map for Scott County, Minnesota, dated February 19, 1987, and any amendment thereto, shall be designated as floodplain and shall be subject to the floodplain overlay district.

(c)

Shoreland district. Property which is annexed to the city by any means or process and which is located within 1,000 feet of the ordinary high-water level of a lake, pond or flowage, or within 300 feet from a river or stream or the landward extent of a floodplain on such rivers or streams, whichever is greater, shall be designated as shoreland and shall be subject to the shoreland overlay district.

(d)

Orderly Annexation Area. The joint resolution providing for the orderly annexation of certain areas within Spring Lake Township to the City of Prior Lake delegates planning and land use authority within the orderly annexation area to the City of Prior Lake. Parcels within the orderly annexation area, as identified in the joint resolution providing for orderly annexation, will not be assigned to a zoning district until such time as they are annexed from Spring Lake Township to the City of Prior Lake. For the purposes of this chapter, parcels within the orderly annexation area shall comply with regulations of the zoning district most closely related to the parcel's future land use category as identified on the comprehensive land use plan map as determined by the zoning administrator.

(Prior Code, § 1120.500; Ord. No. 124-12, § 5, 12-10-2024)

The following table lists regulated uses and their corresponding permissibility in each zoning use district of the city:

P = Permitted use
PWC = Permitted use with conditions
CUConditional use
AC = Accessory use
IU = Interim use

(Prior Code, § 1121; Ord. No. 122-01, 4-2-2022; Ord. No. 124-12, § 1, 12-10-2024)

(a)

Land uses. The only uses which can be made of land or structures are those uses listed in the land use table and defined in this article. If there is a conflict between the land use table and this article, then this article governs.

(b)

Land uses not listed. Any land use which is not listed in this article is specifically prohibited. Any person seeking to establish whether a use which is not specifically listed is included in an existing use may ask the zoning administrator for an opinion. The zoning administrator's decision will establish whether the proposed use is permitted under any of the existing uses in this chapter. The zoning administrator shall consider functional similarities between uses listed in this chapter and the proposed use, including nuisance characteristics, traffic, appearance and mode and hours of operation in making this determination. The determination of the zoning administrator shall be in writing and shall include a statement whether the use is a permitted use, permitted accessory use, permitted use with conditions, conditional use or interim use. If the zoning administrator determines that the proposed use is not permitted under any existing use, that conclusion shall be stated in the written determination.

(Prior Code, § 1122.100)

All land uses must comply with all applicable provisions of this chapter, including, but not limited to, the conditions in this article and all other applicable provisions of this chapter.

(Prior Code, § 1122.200)

The purpose of this division is to provide for the eventual elimination of all nonconforming uses and other nonconformities by:

(1)

Recognizing certain developments which lawfully existed prior to the effective date of the applicable provisions of this chapter.

(2)

Prohibiting the enlargement, intensification, expansion, rebuilding or extension of nonconformities.

(3)

Provide criteria which provide for the reconstruction of nonconforming uses which are damaged by fire or other natural disaster.

(4)

Encouraging the elimination of nonconformities or minimizing their impact on adjacent properties.

(5)

Requiring certain nonconformities either to comply or terminate.

(6)

Providing an equitable system for the termination of certain nonconformities.

(Prior Code, § 1123.100)

(a)

Applicable state statutes. All nonconformities are subject to the provisions of this division as well as Minn. Stats. § 462.357, subd. 1e. If the provisions of this division are in conflict with said subd. 1e, the more restrictive provision shall apply. Nothing in this division shall be construed to permit a violation of any section of this chapter or the continuation of any nuisance, unsafe or unsanitary condition.

(b)

General requirements. A legal nonconformity existing at the time of the applicable provisions of this chapter may be continued only as follows:

(1)

Damaged or destroyed structures. If the cost to repair a nonconformity involving a damaged structure is more than 50 percent of the county assessor's market value of the structure at the time of the damage, the structure shall be removed or made to conform to this chapter within 12 months of the occurrence of the damage; except that if the structure is legally nonconforming and the structure is destroyed by fire or other natural disaster, the structure may be rebuilt if a building permit for reconstruction is issued within 180 days of its destruction. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other natural disaster to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, a variance will be required if the structure setback from the ordinary high-water elevation is less than 50 percent of the required setback.

(2)

Reduction in nonconformity. Any nonconformity which is reduced in size, intensity or otherwise becomes more conforming may not again expand or become less conforming. Removal of a structure, relocation, reduction, or elimination of any site element, such as outdoor storage, is a reduction in intensity.

(3)

Conditional use permits. The city may not issue a conditional use permit for any property which contains a nonconformity unless the nonconformity is removed as a condition of the conditional use permit.

(4)

Nonconforming signs. All nonconforming signs must be brought into compliance with this chapter or removed within one year from the effective date of the applicable provisions of this chapter.

(5)

Nonconforming parking. Any land use which does not provide the number of parking spaces required by this chapter may remain as a nonconformity; however, the land use may not be expanded or intensified unless it provides the parking spaces required under this chapter for the expansion or intensification. A use will be considered to be expanded or intensified if any of the following occur:

a.

The floor area is increased.

b.

The parking requirement is increased.

c.

The building bulk is increased.

d.

The zoning administrator determines the use has expanded or intensified.

(6)

Side yard setback.

a.

Nonconforming lots of record in the R-1 and R-2 zoning districts may have side yards of not less than five feet if the following criteria are met:

1.

The sum of the side yards on the nonconforming lot is at least 15 feet.

2.

No yard encroachments, as permitted below, are located within five feet of an adjoining lot.

3.

A minimum separation of 15 feet is maintained between all principal structures on the nonconforming lot and on the adjoining lot.

b.

Nonconforming lots of record in the R-1 and R-2 zoning districts may have side yards of not less than five feet for a side yard which directly abuts an outlot area designated for public drainage or utility lines if the following criteria are met:

1.

No fences, walls, accessory structures, or overhangs are allowed within the outlot area.

(Prior Code, § 1123.200)

(a)

Buildable conditions. Any property which does not conform with the lot area, lot depth or lot width requirements of the zoning district in which the property is located shall not be a buildable lot unless the property qualifies under one of the provisions in this section. The requirements outlined herein are intended to define the conditions under which a nonconforming property may be developed without a variance. Development on nonconforming property which does not comply with these criteria may only be considered after application for, and approval of, appropriate variances.

(b)

Purpose. The purpose of regulating development on substandard property is to coordinate development to ensure environmentally sensitive development, ensure compatibility with surrounding existing development and to allow for combination of property to the extent possible.

(c)

Existing structure. A parcel which does not conform with the lot area or lot width requirements of the zoning district in which the parcel is located shall not be a buildable lot unless the parcel already contains an occupiable structure.

(d)

Combine lots. A structure on a parcel which does not meet the area or width requirement of this chapter shall not be expanded or enlarged unless the parcel is combined with one or more abutting lots or parcels to create a lot meeting the requirements of this chapter.

(e)

Lot of record; generally. A lot of record outside of the shoreland overlay district is buildable only subject to the following requirements:

(1)

A lot of record as of June 1, 2009, in the R-1 or R-2 use district which does not meet the area or the width requirements of this chapter may be utilized for single-family detached dwelling purposes if the dimensions of its area and width are at least 67 percent of the requirements of this chapter.

(2)

Any single-family detached dwelling which exists on June 1, 2009, the effective date of the ordinance from which this section is derived, on any nonconforming lot located in the R-1 or R-2 use district which is later destroyed by fire or other natural disaster may be rebuilt if a building permit for reconstruction is issued within 365 days of its destruction and if the building otherwise conforms with the provisions of this chapter. This provision allows a structure to be rebuilt as long as it meets setback, lot coverage, impervious surface and other applicable provisions. If the structure does not meet these standards, a variance will be required.

(3)

Two or more contiguous nonconforming lots of record under single ownership shall be considered to be one parcel for the purpose of this chapter, and no portion of the parcel shall be used or sold separately unless each separate parcel can meet the lot area and lot width requirements.

(4)

Two or more nonconforming lots of record under single ownership separated by a private road or driveway may be combined and used as a single buildable lot under the following circumstances:

a.

The property owner must apply to the city for approval of a lot combination.

b.

The property owner must file a deed restriction or covenant with the county recorder in a form acceptable to the city attorney. This deed restriction or covenant must include provisions that restrict the resubdivision of the lot.

c.

There must be an existing principal structure on one lot.

d.

The location of the principal structure on the lot must preclude the ability to construct a legal accessory structure on that lot.

e.

Any structures on the combined lots must meet the minimum setbacks of the use district in which it is located.

f.

In those cases where a detached accessory structure is to be located on the portion of the lot which is separated from the principal structure by the private road or driveway and there are existing residential structures adjacent to or in close proximity to the proposed structure, the planning commission shall hold a public hearing on the request upon receipt of an application and following the notice requirements for a variance pursuant to this chapter. In evaluating the application, the planning commission shall not apply the criteria for variances but instead shall determine whether the design and location of the detached accessory structure is compatible with the surrounding properties in terms of architecture, buildings materials and placement on the lot.

(f)

Lot of record; shoreland.

(1)

All areas. Development of all nonconforming lots of record in the shoreland overlay district existing upon the effective date of the applicable provisions of this chapter shall comply with the following:

a.

In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, only if it meets the following requirements:

1.

The lot must be at least 67 percent of the dimensional standard for lot width and lot area;

2.

The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system;

3.

Impervious surface coverage must not exceed 30 percent of each lot; and

4.

Development of the lot must be consistent with an adopted comprehensive plan.

b.

A lot subject to subsection (f)(1) of this section not meeting the requirements of subsection (f)(1)a of this section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

c.

Notwithstanding subsection (f)(1)b of this section, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system or connected to a public sewer.

d.

In evaluating all variances, zoning and building permit applications, or interim or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

e.

A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(2)

Sewered areas. In addition to the regulations in subsection (f)(1) of this section for development of a nonconforming lot of record in the shoreland overlay district, a nonconforming lot of record in the shoreland overlay district existing upon the effective date of the applicable provisions of this chapter in a residential district, located adjacent to a general development or recreational development lake may be utilized for single-family detached dwelling purposes, only provided that all of the conditions of this subsection apply:

a.

The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the front yard setback line and shall have a minimum lot area equal to or greater than 7,500 square feet.

b.

The lot has been assessed a sewer and water assessment and will not require an on-site septic system for development.

c.

The lot was created compliant with official controls in effect at the time.

d.

The development plans shall be in conformance with the policies for residential development as outlined in the comprehensive plan.

e.

The development plan shall not exceed 30 percent impervious surface coverage.

f.

Development shall be in conformance with the erosion and sediment control requirements of the city public works design manual.

g.

A complete grading and drainage plan shall be submitted to the city engineer for review. Such plans shall be prepared in accordance with the city public works design manual.

h.

The lot and proposed structure shall meet all other performance standards of the zoning and building codes.

(g)

Nonconformity as a result of government action.

(1)

If a governmental body takes land by exercise of its right of eminent domain and by that taking creates a parcel which does not conform to the width, area, or yard requirements of this chapter, the nonconforming parcel shall become a legal nonconforming parcel and may be used thereafter only by complying with the provisions of this division. The same nonconforming status of the parcel will result if the governmental body acquired the land by negotiation rather than by condemnation.

(2)

If the owner of a property which becomes a legal nonconforming parcel as the result of a governmental taking applies for a variance to reinstate the legal status to the property, the governmental taking shall constitute a hardship for the purpose of the variance.

(Prior Code, § 1123.300)

(a)

Generally. Pursuant to Minn. Stats. § 462.357, subd. 1e, a legal nonconforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Intensification shall include, but not be limited to, increased hours of operation, expansion of the use to a portion of the property not previously used, expansion of a parking area and increased number of employees.

(b)

Termination of rights through discontinuance. If a legal nonconforming land use terminates operations or use for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use shall be deemed discontinued and all nonconforming rights are terminated and any future use of the land must comply fully with this chapter. Other evidence of discontinuance of the operation or use includes, but is not limited to, the following factors:

(1)

Filing of a petition for tax abatement;

(2)

Notice of tax forfeiture;

(3)

Disconnection of utilities;

(4)

Boarding up and securing of building;

(5)

Voluntary destruction of the building or property;

(6)

Voluntary change to a conforming land use;

(7)

Unpermitted and illegal change from one nonconforming land use to another;

(8)

Change in business practices;

(9)

Lease or conveyance of property for a different use, including sublease of the premises for another nonconforming use or the same use conducted by another tenant.

(c)

Permitted construction. Construction is permitted for a nonconforming use on a property only under the following circumstances:

(1)

Where a legal nonconforming land use exists and where the construction is determined by the building official to be necessary to bring the building into compliance with applicable health and safety codes.

(2)

Where the construction would allow additions and alterations to buildings containing legal nonconforming residential units, provided they comply with the following:

a.

The construction will not result in an increase in the number of dwelling units.

b.

The building (parcel) is not located in an area which the council has designated as a high priority for redevelopment according to an adopted redevelopment strategy or plan. For the purpose of this section, a redevelopment strategy or plan shall be defined as a document or process which specifically outlines the area to be redeveloped and may include timeliness or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of property, environmental testing or remediation, demolition of structures and other similar activities.

(d)

Reduction in intensity. A nonconforming land use may be changed to a less intense nonconforming land use subject to approval by the zoning administrator. The property owner or tenant has the burden of providing evidence that the proposed land use is less intense than the existing nonconforming land use. The zoning administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to, each of the following factors:

(1)

Hours of operation;

(2)

Signage;

(3)

Off-street parking and loading;

(4)

Nature of business operations;

(5)

Type of equipment or machinery;

(6)

Outdoor storage;

(7)

Number of employees;

(8)

Aesthetic impacts on surrounding property;

(9)

Property values.

(Prior Code, § 1123.400)

(a)

Generally. Pursuant to Minn. Stats. § 462.357, subd. 1e, a legal nonconforming structure may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Expansion shall include, but not be limited to, larger footprint, increased number of floors, and increased impact on setbacks, yards or bufferyards.

(b)

Termination of rights through discontinuance. If a legal nonconforming structure is destroyed or unusable for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use of the structure shall be deemed discontinued and all nonconforming rights are terminated and the structure must be brought into compliance with this chapter. Other evidence of discontinuance of use of the structure includes, but is not limited to, the following factors:

(1)

Filing of a petition for tax abatement;

(2)

Notice of tax forfeiture;

(3)

Disconnection of utilities;

(4)

Boarding up and securing of building;

(5)

Voluntary destruction of the building or property;

(6)

Voluntary change to a conforming structure;

(7)

Unpermitted and illegal change from one nonconforming structure to another;

(8)

Change in business practices;

(9)

Lease or conveyance of property for a different use, including sublease of the premises for another nonconforming use or the same use conducted by another tenant.

(c)

Permitted construction. Only in the following cases is construction permitted on or within a legal nonconforming structure:

(1)

Construction which is determined by the building official to be necessary to bring the structure into compliance with applicable health and safety codes.

(2)

Construction which does not extend, expand or intensify the nonconformity.

(3)

Routine maintenance and nonstructural alterations and repairs that do not extend the useful economic life of the structure.

(d)

Reduction in intensity. A nonconforming structure may be changed to a less intense nonconforming structure subject to approval by the zoning administrator. The property owner or tenant has the burden of providing evidence that the proposed structure is less intense than the existing nonconforming structure. The zoning administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to, each of the following factors:

(1)

Footprint;

(2)

Number of floors;

(3)

Impact on setbacks, yards or bufferyards;

(4)

Quality or aesthetic improvements.

(Prior Code, § 1123.500)

(a)

Purpose. The purpose of this section is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below.

(b)

Findings. The city council finds that the city and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in this section based upon the following findings:

(1)

Based upon Minn. Stats. § 462.357, subd. 1e, the city is authorized to permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety.

(2)

Property legally described as Lot 20, Green Heights First Addition, lying east of a line commencing 50 feet east of the south corner northwest to a point 63 feet northeast of the northwest corner of Lot 20, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020220 ("Project Site A") has a nonconforming use due to the principal building's lake setback and its first floor elevation in the floodplain. The lot is conforming in the shoreland district by meeting zoning minimum lot dimensional standards for the R-2 Medium Density Residential Zoning District.

(3)

Property legally described as Lot 7, Green Heights First Addition, city of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 ("Project Site B") is a nonconforming lot in the R-1 Low Density Residential Zoning District with a 75-foot lot frontage compared to the 86-foot minimum. The lot area of 15,000 square feet is above the 12,000-square-foot minimum.

(4)

The state department of natural resources (DNR), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this mooring facility with the restaurant.

(5)

An application was received by the city from the developer to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the "project site").

(c)

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:

Nonconforming or nonconformity means any development, including, but not limited to, structures, signs, site lighting, off-street parking, bufferyards, land uses, or parcels which were legally constructed or established prior to the effective date of the ordinance from which this chapter is derived, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of this chapter.

(d)

Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions:

(1)

The project site shall be developed in accordance to the site plan revised January 27, 2015, or as may be further amended and approved by the city, and incorporated into this chapter.

(2)

Project Site B shall always be used in conjunction with Project Site A.

(3)

The restaurant building shall be set back a minimum of 25 feet from the ordinary high-water level of Upper Prior Lake.

(4)

The restaurant building shall be set back a minimum of ten feet from the side property lines, and a minimum of 25 feet from the front property line.

(5)

No deck area shall encroach upon the ordinary high-water level elevation.

(6)

The maximum impervious surface for the project site shall be 75 percent.

(7)

A minimum of 80 off-street parking stalls shall be provided on the project site.

(8)

The restaurant/bar operations shall be limited to the following hours:

a.

Monday—Thursday: 11:00 a.m. to 11:00 p.m.;

b.

Friday—Saturday: 9:00 a.m. to 1:00 a.m.; and

c.

Sunday: 9:00 a.m. to 11:00 p.m.

Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday.

(9)

The restaurant/bar operations shall be allowed extended holiday hours on up to eight calendar dates per year.

a.

A schedule of up to eight holidays shall be provided to the city manager by May 15 each year. Any revisions to the schedule shall be provided to the city manager at least seven days in advance of any newly scheduled or rescheduled event;

b.

Indoor restaurant/bar holiday hour operations shall be limited to the following hours: 9:00 a.m. to 1:00 a.m.; and

c.

Outdoor restaurant/bar holiday hour operations shall be limited to the following hours: 9:00 a.m. to 12:00 midnight.

(10)

Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor.

(11)

The number of boat slips associated with the DNR-approved dock configuration shall not be expanded (per DNR Transferred-Amended Public Water Permit dated April 5, 2007). A total of 80 boat slips in their existing configuration are permitted, including a maximum of 60 for lease, and a minimum of 20 for public use.

(12)

The parking lot on Project Site B shall be designed for a maximum of 30 to 32 stalls. This lot shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events; in addition, special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut-off, bollard-style at a maximum height of 42 inches. Buffering shall meet or exceed the city's Type C bufferyard requirements, allowing plantings to be off site on neighboring properties, if necessary.

(13)

No outdoor music of any kind shall be allowed past 10:00 p.m. Monday through Sunday. All outdoor music shall be subject to chapter 4, article VIII, relating to public and private gatherings, except for outdoor amplified dinner music, live or otherwise ("dinner music"), which shall be permitted subject to the following conditions:

a.

Dinner music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday;

b.

Dinner music may only be played 20 days per year;

c.

Dinner music shall not exceed a decibel level of 65 decibels as measured at a distance of 100 feet from the event site;

d.

Dinner music is subject to chapter 5, article IV, relating to public nuisances;

e.

A schedule of dinner music dates shall be provided to the city manager by May 15 each year. Any revisions to the schedule shall be provided to the city manager at least seven days in advance of any newly scheduled or rescheduled event; and

f.

If dinner music violates any provision of this section or any other provision of this chapter in the city council's sole discretion, the city council may immediately prohibit all future dinner music by written notice to the manager of the restaurant. Such prohibition may be lifted only by the city council in the city council's sole discretion.

(14)

A minimum of ten designated off-street employee parking stalls shall be provided on the project site.

(15)

All other regulations of this chapter not exclusively specified herein shall be followed.

(Prior Code, § 1123.600)

In order to accommodate the needs of residents and businesses while protecting the public health, safety and general welfare of the city, the city council finds these regulations are necessary to:

(1)

Maximize the use of existing and approved towers and buildings to accommodate new equipment in order to reduce the number of new towers necessary to serve the city.

(2)

Ensure towers are designed, located and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the tower through structural standards and setback requirements.

(3)

Require tower equipment to be screened from the view of persons located on properties contiguous to the site or to be camouflaged in a manner to complement existing structures to minimize adverse visual effects of towers.

(Prior Code, § 1125.100)

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

Equipment means any tangible asset placed upon a tower, including, but not limited to, conduits, cables, wires, antennae, dishes, and other attachments.

Tower means any ground or roof-mounted pole, spire, structure, or combination thereof, and any attached equipment, which is taller than ten feet.

(Prior Code, § 1125.200)

Except as otherwise stated herein, this division applies to all towers except for those towers located in the right-of-way which are governed by chapter 8, article VIII.

(Prior Code, § 1125.300)

No tower or equipment shall be constructed, altered or expanded without first obtaining a building permit.

(Prior Code, § 1125.400)

Towers are allowed as permitted with conditions in all zoning districts subject to the conditions and requirements of this division.

(Prior Code, § 1125.500)

(a)

Height determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all equipment. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower must meet the height restriction of this section.

(b)

Maximum height. Except as provided below, maximum heights for towers are as follows:

(1)

In all residential zoning districts, towers shall not exceed 45 feet.

(2)

In all town center zoning districts, towers shall not exceed 45 feet.

(3)

In all commercial, business and industrial zoning districts, towers shall not exceed one foot for each four feet the tower is set back from the nearest lot line in a residential zoning district up to a maximum of 52.5 feet.

(4)

In all agricultural zoning districts, towers shall not exceed one foot for each four feet the tower is set back from the nearest lot line in a residential zoning district up to a maximum of 112.5 feet.

(c)

Exceptions. The following are exceptions to the maximum height restrictions for towers:

(1)

Amateur radio antenna. In accordance with the preemption ruling PRB1 of the Federal Communications Commission (FCC), towers supporting amateur radio antennas that comply with all other requirements of this division are exempted from the height limitations of this section up to a total height of 70 feet, provided that such height is technically necessary to receive and broadcast amateur radio signals. Subject to approval of a conditional use permit, the planning commission may permit heights above the 70-foot height limitation if deemed necessary to permit reasonable use of an FCC license.

(2)

Conditional use permit. Subject to approval of a conditional use permit, the planning commission may permit heights in excess of those set forth in this section upon determining that the proposed height is reasonably necessary.

(Prior Code, § 1125.600)

Towers shall conform to each of the following minimum setback requirements:

(1)

In all residential zoning districts, the required setback for a tower shall be equal to the height of the tower, including all equipment.

(2)

In all districts other than residential zoning districts, towers shall meet the principal structure setbacks of the underlying zoning district with the exception of the I-1 zoning district, where towers may be located five feet from the rear property line, provided that the rear property line abuts another property in the I-1 zoning district and the tower does not encroach on any drainage or utility easements.

(3)

No more than one tower may exist at any one time on a property in a residential zoning district.

(4)

Towers shall not be located in any drainage or utility easement absent written permission from the holder of the easement.

(5)

Towers shall not be located between a principal structure and a public street, with the following exceptions:

a.

In the I-1 zoning district, towers may be placed within a side yard abutting a street if the street is abutted on both sides by the industrial zoning district.

b.

On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

(6)

Subject to approval of a conditional use permit, the planning commission may permit reduction of a tower's setback or variation of a tower's location to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line support device, or similar structure.

(Prior Code, § 1125.700)

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate parking lots or other similar areas may be attached to the tower.

(Prior Code, § 1125.800)

No sign, advertising or identification of any kind intended to be visible from the ground or other structure is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities.

(Prior Code, § 1125.900)

Towers and equipment shall meet the following requirements:

(1)

Towers shall be designed to blend into the surrounding environment to the maximum extent possible through the use of building materials, colors, texture, screening, landscaping and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities.

(2)

Towers shall be of a monopole design. Alternative designs which would better blend into the surrounding environment may be approved by the planning commission through a conditional use permit.

(3)

Towers shall be designed and constructed in a manner that ensures no light, sound or vibration originating from the tower is discernible at the lot line of any property in a residential zoning district.

(Prior Code, § 1125.1000)

Equipment shelters are permitted as an accessory use to a tower subject to the following regulations:

(1)

An equipment shelter shall not exceed 336 square feet in area.

(2)

Exterior building materials for equipment shelters shall be brick or a material which simulates the appearance of a brick fascia and shall be architecturally compatible with the surrounding area.

(3)

Equipment shelters must meet the setbacks of the underlying zoning district, except that setbacks between equipment shelters may be varied so long as the proximity does not create a health or safety issue.

(4)

There shall be no outside storage permitted as part of the equipment shelter.

(5)

In order to avoid unsightliness and to mitigate against possible diminution in property values, the location and placement of an equipment shelter shall be subject to site plan review. The site plan must receive approval of the community development director, the city engineer and the building official.

(Prior Code, § 1125.1100)

Abandoned or unused towers or equipment or portions thereof shall be removed as follows:

(1)

All abandoned or unused towers and equipment shall be removed within 12 months of the cessation of operations at the site. If the tower is leased, a copy of the relevant portions of a signed lease which required the applicant to remove the tower and equipment upon cessation of operations at the site shall be submitted at the time of application for a building permit. In the event a tower or equipment is not removed within 12 months of the cessation of operations at the site, the tower and equipment may be removed by the city and the costs of removal may be assessed to the property owner.

(2)

After the tower or equipment is removed, the site shall be restored to its original or an improved state.

(Prior Code, § 1125.1200)

All towers shall comply with the following requirements:

(1)

A new tower will not be approved unless the applicant demonstrates that the equipment cannot be accommodated on an existing tower or that a good faith effort to co-locate on existing towers was made, but an agreement could not be reached.

(2)

All towers shall be designed and constructed to accommodate future co-location of equipment unless the applicant demonstrates that such design or construction is impractical. The applicant shall state in its application that it shall use good faith efforts to permit co-location, provided the additional user agrees to reasonable terms and the additional equipment will not have a demonstrable negative impact on structural integrity or service.

(Prior Code, § 1125.1300)

The regulations in this division shall not apply to public safety towers.

(Prior Code, § 1125.1400)