St Charles City Zoning Code

DISTRICTS; PROVISIONS

§ 152.15 DISTRICTS.

(A) Establishment of districts. For the purpose of zoning, the city is divided into the following districts:

(1) A-1: Agriculture-Conservation;

(2) R-1: One and Two-family Residence;

(3) R-1M: Modular and Mobile Home;

(4) R-1-0: High Density Residence; “0” lot line;

(5) R-2: Multiple Family Residence;

(6) R-3: Mixed Used Residence;

(7) C-1: Central Business;

(8) C-2: Service-Commercial;

(9) C-3; Regional Commercial/Industrial;

(10) I-1: Light Industrial;

(11) I-2: General Industry; and

(12) PUD: Planned Unit Development.

(B) Zoning map.

(1) The boundaries of the districts established by this chapter are shown on the zoning map. The zoning map and all notations, references and data shown thereon are adopted and made part of this chapter and are on file, and for public inspection, in City Hall and in the Winona County Office of Register of Deeds.

(2) The Zoning Administrator and his or her staff shall maintain the zoning map, and amendments to the map shall be recorded on it within 30 days after the amendments are officially published.

(C) District boundaries. The boundaries between districts are, unless otherwise indicated, either the center lines of streets, alleys or railroad rights-of-way or lines extended or lines parallel or perpendicular thereto. Numbers shown on the zoning map between a street and a district boundary line indicate that the district boundary line is parallel to the street at a distance from the street equal to the number of feet stated unless otherwise indicated.

(D) Regulations. The general regulations in § 152.41 apply to all districts; however, additional specific regulations are in the following sections.

(1987 Code, § 702.01) (Am. Ord. 554, passed 6-26-2012)

§ 152.16 AGRICULTURE CONSERVATION DISTRICT.

(A) Purpose. The A-1 Agriculture Conservation District is designed to allow productive use of undeveloped land within the corporate limits through agricultural uses, and to reserve natural and wooded areas for passive recreational purposes, especially along the path of the Whitewater River. This district intends to preserve and ensure appropriate use of existing open space within the community.

(B) Permitted principal uses. The following principal uses shall be permitted within an A-1 District:

(1) Cemeteries;

(2) Farmlands and farmsteads where the principal activity is the production of farm crops or garden products through soil cultivation;

(3) Public fairgrounds;

(4) Public nature trails, picnic areas, playgrounds and rest areas;

(5) Public parks and recreational uses owned or operated by governmental agencies; and

(6) Cannabis cultivation.

(1) Detached manufactured homes where the primary income of the principal occupant is derived from agricultural activities. A manufactured home must be accessory to a farmstead which is a designated principal use and shall be serviced by underground utilities and shall be placed on a permanent frost footing;

(2) Municipal or county structures for storing park and fairgrounds equipment and furnishings;

(3) Storage barns, garages and silos; and

(4) Accessory uses customarily incidental to the uses listed in divisions (B) and (D) of this section.

(D) Conditional use. The following use may be permitted subject to a conditional use permit as regulated in § 152.43: The boarding of horses, provided that no more than 1 horse will be allowed per 3 acres of land, adequate fencing must be provided in order to protect adjoining properties and to maintain public safety, and adequate facilities must be constructed in order to provide shelter for the horses.

(E) Height, yard setbacks and lot area and coverage requirements. The height, yard setbacks and lot area and coverage requirements shall be those set forth in § 152.40.

(1987 Code, § 702.02) (Am. Ord. 417, passed 9-12-1996; Am. Ord. 664, passed 11-12-2024)

§ 152.17 ONE AND TWO-FAMILY RESIDENCE AND SINGLE-FAMILY ATTACHED DISTRICT.

(A) Purpose. The R-1 Residence District is intended for low-density residential development which

will provide space and lot standards that effectively relate to the Comprehensive Plan and policies, and which ensure that adequate municipal facilities will be available at reasonable cost.

(B) Permitted principal uses.

(1) The following uses shall be permitted in the R-1 Residence District:

(a) Boarding or lodging houses or tourist homes limited to 2 accessory units offering accommodations for boarding or lodging purposes;

(b) Churches, parish houses, convents or children's nurseries, provided that no building shall be located within 50 feet of any abutting residential lot;

1. Hours of operation. Hours of operation for services shall be limited to between 7:00 a.m. and 10:00 p.m., except for special seasonal religious activities commonly held by that religious group, which may be held at their traditional times.

2. Architectural control. The building plan, including the site plan for the church shall be certified by an architect registered in the State of Minnesota, stating that he or she has personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the neighboring buildings, topography and natural surroundings and in accordance with the purposes and objectives of the Zoning Code. To ensure the church / religious institution reflects the scale and character of the adjacent residential properties, the building materials of the church / religious institution shall be predominantly quality exterior materials, including brick, masonry, stone, stucco, textured concrete masonry units, steel siding, or vinyl. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Stamped concrete panels will only be considered if they are finished with patterns and colors such that they appear to be brick or masonry.

3. Site plan. At the time of an application, the applicant shall file three copies of a site plan for the church site in accordance with the following provisions: a plot plan which shall adequately illustrate existing and proposed parking area and spaces; garage locations; driveways; loading area; landscaping and screening including location, spacing, species and size of trees and shrubs, existing buildings, proposed buildings, dimensions of lot, parking areas, setbacks and distances between major elements of the use; existing topography and proposed final contours.

4. Bell towers, steeples, spires and similar structures. Bell towers, steeples, spires and similar structures must meet the following standards:

a. Height. The height of bell towers, steeples, spires and similar structures must not exceed 75 feet.

b. Location. Bell towers, steeples, spires and similar structures must be located at least 25 feet from a side or rear property line and at least 25 feet from a front property line or property line abutting a public street.

5. Screening. Where a church is adjacent to a dwelling residential zone, the church shall provide screening along the boundary adjacent to the residential use. Such screening shall consist of a solid fence or wall or equivalent as approved by the City Council when recommended by the Planning Commission no more than 6 feet in height, but shall not extend within 15 feet of any street or driveway. Such screening will not be required along the street.

(c) Grain or vegetable farming or gardening on unplatted land assessed as agricultural, but not involving a sales structure;

(d) Home occupations as defined in § 152.02, and offices of professional persons where the use does not exceed 1/3 of the main floor space of a dwelling, is only in the principal dwelling and does not employ any persons not residing on the premises;

(e) Industrial manufactured homes subject to all provisions of this section;

(f) Individual mobile home stands subject to all the provisions of this section;

(g) Licensed daycare facility serving 12 or fewer persons;

(h) One and Two-family dwellings (such as duplexes, double bungalows);

(i) Parks and recreational areas owned or operated by government agencies;

(j) Public elementary or high schools, or private schools with an equivalent curriculum provided that no building shall be located within 50 feet of any abutting residential lot;

(k) Public golf course, public tennis court (excluding clubhouse); and

(l) Single-family detached dwellings.

(2) All manufactured home units shall be served by public sewer, water and utility systems. Manufactured homes shall be placed on continuous, weight-bearing frost footings that extend completely around the perimeter of the structure.

(3) Single-family attached dwellings shall be permitted when all of the following conditions are met:

(a) The minimum distance between each side yard line and the structure must be 10 feet;

(b) Total lot area must be at least 7,500 square feet, with a minimum width of 75 feet and a minimum depth of 100 feet. All other appropriate R-1 District zoning requirements apply; and

(c) The applicant records a covenant and deed restriction on all properties, which will abut the common lot line (0-lot line). The covenants and deed restrictions shall provide the following:

1. Access to the abutting property for the adjacent property owner and/or the owner's representative for construction, reconstruction, repair or maintenance of either side of the total property;

2. Easements for necessary encroachments for footings, eaves and provide for mutual perpetual easements in the event of an encroachment by the party wall;

3. Restrictions to limit changes of color, material and design of the dwelling, as to be compatible with the attached unit; and

4. Two off-street parking spaces which may be in tandem.

(1) Buildings and land uses customarily incidental to the uses permitted by divisions (B) and (D) of this section. Any accessory use shall be located on the same lot as the principal use;

(2) Maintaining dogs, cats or other household pets, subject to licensing requirements, health regulations and other applicable city code provisions;

(3) Off-street parking and loading-unloading facilities as regulated by § 152.41(L);

(4) Parking 1 commercial motor vehicle of not more than 26 feet in length used by the resident occupant, and parking of passenger cars, but not including the storage of vehicles which are inoperable or for sale or rent;

(5) Private garages, carports, boathouses and stables, 1 of each designation subject to yard and setback requirements of this chapter;

(6) Private swimming pools when completely enclosed within a chain link or similar fence 5 feet or more in length; and

(7) Signs as regulated by § 152.41(K).

(D) Conditional uses. The following uses may be permitted subject to the issuance of a conditional use permit as provided in § 152.43:

(1) Boarding or lodging houses and tourist homes offering accommodations for from 3 to 8 persons;

(2) Cemetery;

(3) Golf clubhouse, country club, public swimming pool, private swimming pool serving more than 1 family, provided that no principal structure or use shall be located within 50 feet of any lot in a residential district;

(4) Licensed daycare facilities serving 13 or more persons;

(5) Mobile home park developments subject to the special conditions and requirements as set forth in § 152.41(M);

(6) Municipal administration buildings, police and fire stations, museums, art galleries, libraries, post offices and other municipal service buildings, except those customarily considered industrial in use, providing that no buildings shall be located within 50 feet of any lot in a residential district;

(7) Retail shops, services and offices serving neighborhood needs of an essential or convenience nature. Determination shall be the responsibility of the Council when the application for the conditional use permit is reviewed; and

(8) Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures.

(9) Funeral home: development/use standards.

(a) Hours of operation for a funeral home shall be limited to between 8:00 a.m. and 10:00 p.m.

(b) To ensure the funeral home reflects the scale and character of the adjacent residential properties, the building materials of the funeral home shall be predominantly quality exterior materials, including brick, masonry, stone, stucco, textured concrete masonry units, steel siding, or vinyl. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Stamped concrete panels will only be considered if they are finished with patterns and colors such that they appear to be brick or masonry.

(c) All site areas not accommodating buildings, parking, vehicular and pedestrian circulation, shall be landscaped with trees and/or plant materials to maintain privacy between the funeral home and residences.

(d) Any loading areas or parking spaces located within 10 feet of a residential property line must be screened by vegetation consisting of trees and/or plant materials to reduce visual clutter.

(e) All mechanical structures shall be screened from public rights-of-way as well as abutting residential properties.

(f) The petitioner must submit a landscaping plan for review.

(E) Design criteria. All dwellings in the R-1 District shall meet the following design criteria:

(1) A permanent frost footing shall form a complete enclosure under exterior walls;

(2) The minimum width of the structures shall be 20 feet measured from the face of the exterior walls on the narrowest side; and

(3) All mobile homes installed after September 8, 1970, shall be anchored by means of adequate tiedowns to prevent uplift, sliding, rotation and overturning. Anchoring systems shall be able to withstand a lateral force of 15 pounds per square foot and an uplift of 9 pounds per square foot;

(F) Height, yard setbacks and lot area and coverage requirements. The height, yard setbacks and lot area and coverage requirements shall be as set forth in § 152.40.

(1987 Code, § 702.03) (Am. Ord. 418, passed 9-12-1996 ; Am. Ord. 520, passed 10-14-2008; Am. Ord. 529, passed 10-13-2009)

§ 152.18 MODULAR AND MOBILE HOME RESIDENCE DISTRICT.

(A) Purpose. The R-1M District is intended for medium density residential development utilizing modular and mobile home concepts on those areas where the development fits the land use plan and policies, and which ensure that adequate municipal facilities will be available.

(B) Permitted principal use. Within an R-1M District, unless otherwise provided by this code, no building or land shall be used except for modular and mobile homes established for single-family residence when erected on permanent foundations and when meeting applicable current National Fire Protection Association and Uniform Building Codes.

(C) Permitted accessory uses. The permitted accessory uses in the R-1M Modular and Mobile Home Residence District are those uses permitted in § 152.17(C).

(D) Height, yard setbacks, lot area requirements. The height, yard setbacks and lot area and coverage requirements shall be as set forth in § 152.40.

(1987 Code, § 702.04)

§ 152.19 MULTIPLE-FAMILY RESIDENCE DISTRICT.

(A) Purpose. The R-2 District is intended for apartments, row houses, townhouses, dormitories and other buildings of 3 or more dwelling units in those areas where the development fits the Comprehensive Plan, where properly related to other land uses and thoroughfares and where adequate municipal utilities are available.

(B) Permitted principal uses. Within an R-2 District, unless otherwise provided by this chapter, no building or land shall be used except for the following:

(1) Boarding or lodging houses and tourist homes having accommodations for 3 to 8 persons;

(2) Hospitals, convalescent and nursing homes, low income housing or elderly projects;

(3) Individual mobile home stands subject to all provisions of this section;

(4) Licensed daycare facility serving 16 or fewer persons;

(5) Medical and dental offices and clinics;

(6) Multiple dwellings, apartment buildings, townhouses and group or row houses (attached) each consisting of 3 to 12 dwelling units;

(7) Private clubs or lodges, except those whose chief activity is a service customarily carried on as a business for profit;

(8) Religious, educational, charitable or philanthropic institutions;

(9) Signs as regulated in § 152.41(K); and

(10) Any use permitted in § 152.17(B) as regulated therein, except grain or vegetable farming or gardening shall be limited to an accessory use located on the same lot as the principal uses.

(C) Permitted accessory uses. The following shall be permitted accessory uses in the R-2 Residence District: uses as permitted in § 152.17(C).

(D) Design criteria. All dwellings in the R-2 District shall meet the following design criteria:

(1) A permanent frost footing shall form a complete enclosure under exterior walls;

(2) The minimum width of the structures shall be 20 feet measured from the face of the exterior wall on the narrowest side; and

(3) (a) All mobile homes installed after September 8, 1970, shall be anchored by means of adequate tiedowns to prevent uplift, sliding, rotation and overturning.

(b) Anchoring systems shall be able to withstand a lateral force of 15 pounds per square foot and an uplift of 9 pounds per square foot.

(1987 Code, § 702.05)

Cross-reference:

Modular and Mobile Home Residence District, see § 152.18

§ 152.19.5 MULTIPLE-FAMILY APARTMENT DISTRICT.

(A) Purpose. The R-4 District is intended to permit multi-family dwelling units of 12-40 units housed in one structure.

(B) Permitted principal uses. Within an R-4 District, unless otherwise provided by this chapter, no building or land shall be used except for apartment buildings consisting of 12-40 dwelling units.

(1) Maximum density of 16 units per acre.

(2) Front yard setback of at least 30 feet for the principal structure.

(3) Side yard setback of at least 10 feet, or 25 feet for corner side yards for the principal structure.

(4) Setbacks from structures in R-1, R-1M, R 1-O districts shall be 30 feet from district lines.

(5) Rear yard setback of at least 30 feet for the principal structure.

(6) Maximum height of 45 feet.

(7) Building coverage shall not exceed 45% of the lot area.

(8) Shall provide 1.5 parking spaces per dwelling unit.

(9) Required parking shall have a 10 foot setback from any property line.

(D) Performance standards.

(1) Buildings shall be constructed of high-quality materials. Primary materials allowed are as follows:

(a) Brick;

(b) Natural stone;

(d) Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material;

(e) Transparent glass;

(f) Vinyl or fiberboard siding;

(g) Other materials as approved by the Planning Commission.

(2) The following materials are prohibited:

(a) Plain or painted concrete block;

(b) Plain precast concrete panels;

(d) Aluminum, fiberglass or asphalt siding.

(Ord. 2022-649, passed 12-27-2022)

§ 152.20 MIXED USE RESIDENTIAL.

(A) Purpose.

(1) The Mixed Use Residential District is designed to accommodate that area surrounding the Central Business District where there exists the possibility of conflicting uses between commercial and residential development.

(2) It is the purpose of this district to minimize or eliminate those conflicts.

(B) Permitted principal uses. The following uses shall be permitted in the R-3 Mixed Use Residential District:

(1) Single-family detached dwelling;

(2) One and Two-family dwellings (such as duplexes and double bungalows);

(3) Boarding or lodging houses or tourist homes limited to 6 accessory units offer accommodations for boarding or lodging purposes;

(4) Churches, parish houses or children's daycare facilities;

(a) Hours of operation. Hours of operation for services shall be limited to between 7:00 a.m. and 10:00 p.m., except for special seasonal religious activities commonly held by that religious group, which may be held at their traditional times.

(b) Architectural control. The building plan, including the site plan for the church shall be certified by an architect registered in the State of Minnesota, stating that he or she has personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the neighboring buildings, topography and natural surroundings and in accordance with the purposes and objectives of the Zoning Code. To ensure the church / religious institution reflects the scale and character of the adjacent residential properties, the building materials of the church / religious institution shall be predominantly quality exterior materials, including brick, masonry, stone, stucco, textured concrete masonry units, steel siding, or vinyl. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Stamped concrete panels will only be considered if they are finished with patterns and colors such that they appear to be brick or masonry.

(c) Site plan. At the time of an application, the applicant shall file three copies of a site plan for the church site in accordance with the following provisions: a plot plan which shall adequately illustrate existing and proposed parking area and spaces; garage locations; driveways; loading area; landscaping and screening including location, spacing, species and size of trees and shrubs, existing buildings, proposed buildings, dimensions of lot, parking areas, setbacks and distances between major elements of the use; existing topography and proposed final contours.

(d) Bell towers, steeples, spires and similar structures. Bell towers, steeples, spires and similar structures must meet the following standards:

1. Height. The height of bell towers, steeples, spires and similar structures must not exceed 75 feet.

2. Location. Bell towers, steeples, spires and similar structures must be located at least 25 feet from a side or rear property line and at least 25 feet from a front property line or property line abutting a public street.

(e) Screening. Where a church is adjacent to a dwelling residential zone, the church shall provide screening along the boundary adjacent to the residential use. Such screening shall consist of a solid fence or wall or equivalent as approved by the City Council when recommended by the Planning Commission no more than 6 feet in height, but shall not extend within 15 feet of any street or driveway. Such screening will not be required along the street; and

(5) Home occupations as defined in § 152.02 and offices of professional persons where the use does not exceed 1/3 of the main floor space of a dwelling, is only in the principal dwelling and does not employ any persons not residing on the premises.

(1) Buildings and land uses customarily incidental to the uses permitted by divisions (B) and (D) of this section;

(2) Off-street parking and loading-unloading facilities as regulated by § 152.41(L);

(3) Private garages and carports subject to yard and setback requirements of this chapter; and

(4) Signs as regulated by § 152.41(K).

(D) Conditional uses. The following uses may be permitted subject to the issuance of a conditional use permit as provided in § 152.43:

(1) Retail sales;

(2) Personal and professional services;

(3) Offices;

(4) Restaurants; and

(5) Multi-family units (3 or more dwelling units).

(6) Funeral home: development/use standards.

(a) Hours of operation for a funeral home shall be limited to between 8:00 a.m. and 10:00 p.m.

(d) Any loading areas or parking spaces located within 10 feet of a residential property line must be screened by vegetation consisting of trees and/or plant materials to reduce visual clutter.

(e) All mechanical structures shall be screened from public rights-of-way as well as abutting residential properties.

(f) The petitioner must submit a landscaping plan for review.

(1987 Code, § 702.06) (Am. Ord. 520, passed 10-14-2008; Am. Ord. 529, passed 10-13-2009)

§ 152.21 PLANNED UNIT DEVELOPMENT.

(A) Purpose. The planned unit development (PUD) provisions are intended to encourage the following:

(1) More efficient use of land and public services; and

(2) Pleasantness or desirability of land by allowing, under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the lot-by-lot restrictions of each use district. The uniqueness of a PUD may necessitate Council action modifying or waiving certain provisions of the zoning code and subdivision regulations. PUD is for use primarily in 2 situations:

(a) Vacant land. Areas of substantial open land where strict pre-regulation may limit good urban planning, may restrict the full achievement of the Comprehensive Plan, or may not meet those changes in technology and demand that would be consistent with the best interests of the entire city; and

(b) Built-up and aged areas. Areas of the city needing rehabilitation and redevelopment, including areas which may be deficient in public facilities and services, where private investment should be encouraged to contribute to that redevelopment; and in recognition that necessary redevelopment cannot be expected to take place in strict accordance with those uniform regulations appropriate to more viable and established areas of the city.

(B) Restrictions.

(1) A tract of land to be developed as a PUD shall be under the control of 1 of the following:

(a) A single owner; or

(b) A group of land owners, acting through a corporation, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record covenants, easements and other provisions with the County Registrar of Deeds.

(2) Each PUD shall be designated as 1 of the 4 following types according to the principle use by area permitted in the existing zoning district or districts in which the land proposed for the unit is located: Residential (PUD-R), Commercial (PUD-C), Industrial (PUD-I) or Institutional (PUD-INST).

(3) All PUDs shall be so designated and numbered in sequence on the zoning map.

(4) In open land areas, no residential or industrial PUD shall be less than 3 acres and no commercial or institutional PUD shall be less than 2 acres. In areas occupied by buildings or areas that are vacant or undeveloped but are surrounded to a major extent by land occupied by buildings, no PUD shall be less than 32,000 square feet.

(5) (a) A PUD may include a mixture of residential, commercial, industrial and institutional uses, or any combination. The extent of each use shall be determined by the type of PUD proposed and the procedures in division (C) below.

(b) Uses other than the principal use by area permitted in the existing zoning district or districts in which the proposed PUD land is located shall not result in undue adverse effect on surrounding areas, and shall be consistent with the intent of this section and the concept of the proposed PUD.

(1) Pre-application. The applicant shall meet with a member of the Planning Department to discuss the procedures and requirements governing approval of PUDs. In some instances, a conference with the City Planning and Zoning Commission may be necessary.

(2) Preliminary plan; submission. The applicant shall submit to the Zoning Administrator an application for a zoning amendment with a fee as is set out in § 34.01. The application shall be accompanied by a preliminary plan showing the following:

(a) Locations and dimensions of the area;

(b) Exact sizes and location of existing and proposed buildings;

(d) Exterior lighting plan;

(e) Landscaping plan;

(f) Grading plan;

(g) Utility plan;

(h) Construction schedule or timetable indicating the starting date and completion date;

(i) Off-street parking, including parking for the handicapped when required (roadways designated for parking shall be designated no parking);

(j) Exterior view of buildings;

(k) Table summarizing the area of land devoted to various uses including floor area, open space, living space, recreation space; type of construction for driveways and walkways;

(l) Playground equipment, mailboxes, air conditioning, trash receptacles and similar objects;

(m) Whether units will be rented or sold and how land will be transferred;

(n) When a plat will be submitted for approval;

(o) Protective covenants and homeowners association by-laws;

(p) Optional features, if any;

(q) Information relating to topography, accesses, surrounding land uses;

(r) Other matters, including documents showing ownership and a preliminary plat, if requested by the Zoning Administrator; and

(s) If the plan will be implemented in increments, a schedule showing the time within which application for approval of various parts will be filed shall also be attached.

(3) Preliminary plan waiver. Portions of the preliminary plan procedures may be waived at the Commission's discretion on the Zoning Administrator's recommendation when the plan, in whole or in part, is simple and does not warrant following all preliminary plan procedures.

(4) Preliminary plan review. Upon receiving the application and preliminary plan, the Zoning Administrator shall distribute the plan to other departments and agencies for review of compliance with applicable standards and regulations. The Zoning Administrator shall recommend to the Commission, approval of the proposal in the form submitted, approval with specifications or disapproval. The recommendations of the Zoning Administrator shall include findings of fact regarding, but not limited, to the following:

(a) The extent to which the plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, density, bulk and use, and the reasons why the departures are or are not deemed to be in the public interest;

(b) The manner in which the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;

(c) The nature and extent of open space, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities proposed in the plan;

(d) The effect, beneficial or adverse, of the PUD upon the neighborhood in which it is proposed to be established;

(e) If a plan proposes development over a period of years, the terms and conditions proposed must be found to protect and maintain the plan's integrity (this finding shall be made only after consultation with the City Attorney);

(f) In areas occupied by buildings or areas that are vacant or undeveloped but are surrounded to a major extent by lands occupied by buildings, the suitability of the proposed structures in relation to existing structures which will remain and anticipated future development of the area; and

(g) Conformity with all applicable provisions of this chapter and the Comprehensive Plan.

(5) Public hearing; preliminary plan. Within 30 days after receiving the preliminary plan, the Commission shall hold a public hearing on the application after giving notice as provided in § 152.47(B). Following the public hearing, the Commission shall submit its recommendations to the Council. The Commission may recommend disapproval.

(6) Council action preliminary plan. The Council shall tentatively approve the plan, with or without modifications, or disapprove the plan.

(7) Final plan submission. Upon tentative approval of the preliminary plan, the applicant shall submit a final plan of that segment to be developed first.

(8) Final plan; Commission action.

(a) The final plan and, if required, final plat shall be submitted with written application for final plan and plat approval, at least 10 days before the Commission meeting at which consideration is requested.

(b) Approval or disapproval of the final plan and plat will be conveyed to the subdivider in writing 10 days after the Planning Commission meeting at which the plan and plat are considered.

(c) If the plan and plat are disapproved, the subdivider shall be notified of the reason for that action and the requirements for Commission approval.

(9) Final plat approval; Council action.

(a) After review and approval of the final plan and plat by the Planning Commission, the final plan and plat and the recommendations of the Planning Commission shall be submitted to the Council for approval.

(b) At least 1 public hearing shall be held on the plan and plat after notice of the time and place has been published once in the official newspaper at least 10 days before the day of the hearing.

(c) At the hearing, all persons interested in the plan and plat shall be heard and the Council may approve or disapprove the plan and plat. If the Council wishes to approve the plan and plat, the Council shall do so by resolution.

(d) The resolution shall provide for accepting all streets, alleys, easements or the public ways, and parks, or other open spaces dedicated to public purposes, subject to conditions or restrictions imposed by the Council, and the area of land involved shall be redesignated as a PUD by ordinance.

(e) If the plan and plat are disapproved, the basis of the disapproval shall be set forth in the Council proceedings and reported to the persons applying for approval.

(10) Effect of approval.

(a) The final approved plan and the conditions and restrictions imposed, if any, shall govern and control the use and development of the land involved, provided that general zoning regulations which applied to the land prior to approval of the plan and which are not inconsistent with the plan shall continue to apply.

(b) No building permit shall be issued for any structure within the district until the Zoning Administrator certifies the structure conforms to the provisions of the final approved plan and other applicable zoning requirements.

(D) Criteria and standards.

(1) Preparation of plans. The applicant is encouraged to have the necessary documents and supporting evidence prepared and endorsed by a qualified professional team consisting of the following:

(a) A planner qualified as a planner-in-charge by the Minnesota State Planning Agency;

(b) A registered architect;

(c) A registered land surveyor if the PUD requires the subdivision of land and the installation of public site subdivision of land and the installation of public site improvements, as required by state law, as it may be amended from time to time; and

(d) A registered civil engineer, if the PUD requires subdividing land and improvements.

(2) Land use; intensity of development. Dimensional requirements are as stated for the appropriate district in § 152.40, and as outlined below.

(a) Site coverage. Permitted maximum site coverage in the planned development zone shall not exceed the maximum permitted site coverage in § 152.40; however, site coverage may be calculated on the total land involved in the planned development.

(b) Density. Permitted maximum residential densities in the planned development zone shall not exceed the permitted maximum densities in § 152.40; minimum land area requirements for the total number of dwelling units shall be provided as required in § 152.40.

(c) Lot area. The minimum lot area requirements in the planned development zone shall not exceed the minimum lot area requirements in § 152.40, except the average net area of all lots within a variable lot size development shall not be less than the minimum lot size for the zone within which the development is located.

(3) Plats. All PUDs shall be platted or replatted as required in the subdivision regulations.

(4) Occupancy of PUD.

(a) Occupancy and use of buildings and structures in a PUD may be permitted when the buildings and structures have been completed to the satisfaction of the Building Inspector and the access drives and parking areas are sufficiently completed to support emergency vehicles at all times and are kept in a dust-free condition.

(b) Final surfacing of streets, roadways, parking areas and landscaping may be deferred over winter months upon written agreement to and approval of the Zoning Administrator.

(E) Administration.

(1) Administrative standards and procedures. The Commission may adopt specific rules and regulations from time to time and place them on public record in the City Administrator's office.

(2) Annual review.

(a) The Zoning Administrator shall review each PUD at least once each year and shall make a report through the Commission to the Council on the development status in each PUD.

(b) If development is not progressing reasonably well and according to schedule, the owner shall submit a statement to the Zoning Administrator setting forth the reasons for the lack of progress.

(c) If the Council finds the development has not occurred according to the established development schedule or does not appear reasonable to the Council, the Council may initiate rezoning to remove the PUD. In any event, the Council need not find the rezoning to a PUD was in error.

(3) Changes.

(a) Changes in the final plat involving the location and alignment of structures not exceeding 10 feet in any direction and other minor revisions in the shape of structures may be authorized by the Zoning Administrator for good cause, provided the changes are within the maximum allowable floor area limits, are in harmony with the intent of the concept statement as to uses and densities of use, and the architectural style has been approved in writing by the PUD's homeowners association or other ownership body.

(b) All other changes shall be made only after public hearings by the Commission upon public notice at least once in the official newspaper 10 days before the day of the hearing, and any changes approved by the Council shall be by resolution as an amendment to the final plan.

(1987 Code, § 702.07)

§ 152.22 CENTRAL BUSINESS DISTRICT.

(A) Purpose. The Central Business District is designed to provide a compact shopping area for the location of offices and retail stores necessary for servicing the community and surrounding areas and is closely aligned with the Comprehensive Plan and which maintains a mutually compatible relationship among the various types of uses.

(B) Permitted principal uses. The following uses shall be permitted:

(1) Adult use/accessory businesses;

(2) Amusement and recreation establishments such as indoor theaters, swimming pools, skating rinks, billiard halls, bowling alleys and similar commercial recreation facilities;

(3) Antique shops;

(4) Appliance stores;

(5) Art and school supply stores;

(6) Art studios, art galleries, art sales and supplies stores;

(7) Bakeries, provided the room or rooms containing the preparation and baking process shall not have a gross floor area in excess of 2,400 square feet;

(8) Banks, savings institutions;

(9) Barber shops;

(10) Beauty parlors;

(11) Book and stationery stores;

(12) Camera and photo stores;

(13) Candy and ice cream stores;

(14) Car dealers of new or used cars provided cars in enclosed showrooms only;

(15) Carpet and rug stores;

(16) Clinics, for treating persons and animals, excluding training runs, stables or kennels;

(17) Clothes pressing and tailoring shops;

(18) Clothing stores;

(19) Club and lodge halls;

(20) Decorating studios;

(21) Department stores;

(22) Drug stores;

(23) Dry cleaning and laundry receiving and pick-up stations, excluding laundering and dry cleaning processing and self-service laundromats;

(24) Dry goods or notions stores;

(25) Electrical appliance sales and service;

(26) Florist shops;

(27) Food, meat, fish, bakery and delicatessen stores;

(28) Furniture stores;

(29) Gift shops;

(30) Grocery, fruit or vegetable stores;

(31) Hardware stores;

(32) Hobby and toy stores;

(33) Jewelry stores;

(34) Libraries;

(35) Liquor stores or taverns;

(36) Loan offices and finance companies;

(37) Locksmith shops;

(38) Medical and dental clinics and complexes;

(39) Marine or boat sales and display; trailer sales; farm implement sales, provided sales and displays are in enclosed structures only;

(40) Mixed Use Downtown, subject to the following:

(a) Exclusive of required entrances, the residential use may occupy no portion of the front 50% of the first story floor area along the front building line. For corner lots or lots that abut an alley, the standard shall be applied to one street frontage as determined by the Zoning Administrator.

(b) Residential uses shall be provided separate entrances and separately identified parking stalls.

(41) Mortuary or undertaking establishments;

(42) Motels and hotels;

(43) Newsstands and tobacco shops;

(44) Offices, professional;

(45) Optical stores;

(46) Paint and wallpaper stores;

(47) Parking lots, ramps and garages other than those accessory to a principal use for the parking and storage of private passenger vehicles only;

(48) Pet shops;

(49) Phonographs, record and sheet music stores;

(50) Photography studios;

(51) Physical culture and health services, reducing salons and masseurs;

(52) Public parks, pedestrian malls and recreation areas and structures;

(53) Post offices;

(54) Plumbing sales stores;

(55) Public safety and utility buildings and structures, community centers;

(56) Radio and television sales and repair stores;

(57) Restaurants, excluding drive-in restaurants;

(58) Schools: music, business, technical and vocational;

(59) Sewing machine sales and service shops;

(60) Shoe sales and repair shops;

(61) Sporting goods stores;

(62) Souvenir and rock shops;

(63) Stock and brokerage firms;

(64) Tourist information center and displays;

(65) Telephone and telegraph offices, telephone booths;

(66) Theater, excluding drive-in theaters;

(67) Ticket agencies;

(68) Travel bureaus and transportation ticket offices;

(69) Variety, gift, notion and soft good stores;

(70) Vending machines which are coin or car operated, only when incorporated into a structure; and

(71) Cannabis and hemp retail businesses.

(1) Accessory uses customarily incidental to the uses listed in divisions (B) and (D) of this section;

(2) Off-street parking and loading as regulated by § 152.41(L);

(3) Signs as regulated by § 152.41(K);

(4) On-site consumption at cannabis microbusinesses and lower-potency hemp edible retailers; and

(5) Cannabis delivery service as an accessory use to a cannabis retail business.

(D) Conditional uses. The following uses may be permitted subject to the issuance of a conditional use permit as provided in § 152.43:

(1) Any business activity of the same general character as those listed in division (B) above;

(2) Drive-in restaurant, provided sufficient off-street parking is provided; lighting and any resultant glare shall be directed away from residential districts, and the surface of the parking area shall be dust-free and well drained; and

(3) New and used car display lots, providing the surface of the parking and display area is dust-free and well drained, and a decorative screen at least 6 feet in height and of at least 90% opacity shall be placed on all sides abutting any residential district boundary. This requirement may be modified only where the screen would interfere with visibility for traffic movement. In all cases, artificial lighting and glare shall be directed away from any public right of way and any residential district.

(E) Height, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirements shall be those stated in § 152.40.

(F) Additional district regulations.

(1) Lighting (glare) shall be directed away from public rights-of-way and residential districts.

(2) An awning, canopy or marquee suspended from a building may extend over the public right-of-way 10 feet but not within 2 feet of the curb line. Structures shall be not less than 8 feet above the sidewalk or ground grade line, and the owner of the structure shall be responsible for the awning’s, canopy’s or marquee’s structural safety.

(3) All uses within the C-1 District shall be subject to the performance standards as stated in § 152.23(F).

(G) Sidewalks within district.

(1) Use of sidewalks. Businesses located within the C-1 Central Business District, in order to utilize the sidewalk area immediately adjacent to their business premises for purpose of the temporary display or sale of ancillary items, must operate in accordance with the terms of this division (G).

(2) Restrictions.

(a) Each business will be limited in area immediately adjacent and contiguous to the business premise and not extending beyond the line of the building in which the business is located. The display of merchandise shall be limited to the business frontage allowing for 5 feet for pedestrian traffic, giving due consideration to the location of any benches, planters, utility/light poles, or other streetscape or fixtures.

(b) No authorization will be given permitting for any permanent installation to be placed on or in the way, or permit the leaving on the sidewalk of furnishings, goods, displays or other equipment or personal property outside of business hours.

(d) The ownership, operation and maintenance of a sidewalk will be subject to all applicable laws, ordinances and regulations.

(e) No items will be placed along the curb so as to obstruct the flow of pedestrian traffic and will be compliant with all state and federal laws for setbacks, fire codes, as well as be compliant with any regulations related to the Americans with Disabilities Act.

(1987 Code, § 702.08) (Am. Ord. 543, passed 4-29-2011; Am. Ord. 2022-645, passed 12-27-2022; Am. Ord. 664, passed 11-12-2024)

§ 152.23 SERVICE COMMERCIAL DISTRICT.

(A) Purpose. The Service Commercial District is intended to provide areas suitable for commercial enterprises which require special traffic access considerations due to their nature of use. This district will guide the development of these uses in a manner which will be beneficial to both the residents and the land use growth pattern of the city by avoiding costly strip development.

(B) Permitted principle uses. The following shall be permitted:

(1) Adult use/accessory businesses;

(2) Armories, convention halls or exhibition halls;

(3) Automobile, truck and farm implement dealers, new and used vehicle lots, boat, trailer and mobile home display lots and structures;

(4) Bus stations;

(5) Commercial recreational facilities such as bowling alleys, miniature golf and driving ranges, skating arenas;

(6) Commercial retail and service establishments, greenhouses and produce sales;

(7) Enclosed warehousing and storage structures;

(8) Lumber yards, laundromats;

(9) Motels, hotels and automobile trailer courts (overnight or temporary stay only);

(10) Municipal service and utility buildings to include water treatment plant, transformer and relay stations, fire stations, highway department vehicle and equipment garages;

(11) Railway and rights-of-way, fire stations, excluding freight yards;

(12) Service stations and repair garages for motor vehicle; tire and battery sales;

(13) Taverns and restaurants, including drive-in facilities;

(14) Truck and machinery sales and service;

(15) Wholesaling and distributing operations; and

(16) Any use permitted in § 152.22(B).

(1) Off-street parking and loading as regulated in § 152.41(L);

(2) Signs as regulated in § 152.41(K);

(3) Uses as customarily incidental to the uses listed in divisions (B) and (D) of this section. All accessory uses shall be on the same lot as the principal use;

(4) On-site consumption at cannabis microbusinesses and lower-potency hemp edible retailers; and

(5) Cannabis delivery service as an accessory use to a cannabis retail business.

(D) Conditional uses. The following uses may be permitted subject to issuing a conditional use permit as provided in § 152.43:

(1) Any commercial use of the same general character as those listed in division (B) above; and

(2) Single and multiple family dwellings as regulated in § 152.17.

(E) Height, yard setback and lot coverage requirements. The height, yard setbacks and lot coverage requirements for the C-2 District shall be those stated in § 152.40.

(F) Performance standards. To ensure compliance with the performance standards set forth below, the Council may require the owner or operator of any permitted use to have made investigations or tests to show adherence to the performance standards. Investigation or tests shall be carried out by an independent testing organization selected by the Council. Investigations or testing shall be ordered by the owner or operator. The cost of the investigations and tests shall be shared equally by the owner or operator and the Council, unless the investigation or tests disclose noncompliance with the performance standards, in which case the owner or operator shall be responsible for the entire cost.

(1) Noise.

(a) At any property line the sound pressure level of noise radiated from a permitted operation shall not exceed the values given in the table below.

(b) The sound pressure level shall be measured with a sound level meter and an associated octave band analyzer, both of which are manufactured to specifications published by the American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standard Association, Inc., New York, New York.

Frequency Band Cycles Per Second	Maximum Permitted Sound Level (Decibels)
20 - 75	72
75 - 150	67
150 - 300	59
300 - 600	52
600 - 1,200	46
1,200 - 2,400	40
2,400 - 4,800	34
Over 4,800	32

(2) Odors. No noxious odors shall be detectable beyond the limits of the property.

(3) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining property. Glare, whether direct or reflected, such as from floodlights, spotlights or high- temperature processing, and as differentiated from general illumination, shall not be visible beyond the limits of the property.

(4) Vibration. No vibration shall be discernible to the human sense of feeling for an accumulated total of 3 or more minutes during any hour at any property line.

(5) Smoke.

(a) The Ringelman Smoke Chart, published by the United States Bureau of Mines, shall be used for measuring smoke at the point of emission.

(b) Smoke not darker or more opaque than No. 4 on the chart may be emitted, except that smoke darker or more opaque than No. 2 on the chart may not be emitted for period longer than 4 minutes in any 30-minute period.

(c) These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color and equivalent apparent opacity.

(6) Dust.

(a) Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

(b) For measurements of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°F and 50% excess air.

(7) Fumes or gases.

(a) Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive.

(b) The values given in the following tables in the Air Pollution Abatement Manual, Chapter 5, Physiological Effects, by the Manufacturing Chemists’ Association , Inc., Washington, D.C., are guides for determining permissible concentration or amounts:

1. Table 1 (Industrial Hygiene Standards - Maximum Allowable Concentration for 8-hour day, 5 days per week;

2. Table III (Odor Thresholds);

3. Table IV (Exposure to Substances Causing Pain in the Eyes); and

4. Table 1 (Exposure to Substances Causing Injury to Vegetation).

(8) Sewer and water. The design and construction of water supply facilities and treatment of all sewage and waste shall comply with the city, county and state health standards and requirements.

(G) Regulations on screening, landscaping, lighting, storage and outdoor displays.

(1) Screening.

(a) All principal and accessory uses, except business signs, which are situated within 50 feet of a residential district, shall be screened from the district by a wall or fence of not less than 90% opacity and between 5 and 7 feet in height above the level of the residential district property at the district boundary.

(b) Walls or fences of lesser heights or planting screens may be permitted by the Council if the type of screen required by this code is found to interfere with the provisions of adequate amounts of light and air to the properties.

(c) Loading docks in the district shall be screened so as not to be visible from any public street right-of-way within a residential district.

(d) All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly hazardous, or less opaque than when originally constructed.

(2) Landscaping.

(a) All exposed ground areas surrounding or within a principal or accessory use, including boulevards, which are not devoted to drives, sidewalks, patios or other uses shall be landscaped with grass, shrubs, trees or other ornamental landscape materials.

(b) All landscaped areas shall be used for parking vehicles or for storing or displaying materials, supplies or merchandise.

(3) Lighting.

(a) All sources of artificial light shall be so fixed, directed, designed or sized that the sum total of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 foot-candle in or within 25 feet of a dwelling nor more than 0.5 foot-candle on any other part of the property.

(b) Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.

(4) Storage; displays.

(a) All materials, supplies, merchandise or other similar matter not on display for a direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the Service-Commercial District, or within the confines of a 100% opaque wall or fence not less than 5 feet in height.

(b) Merchandise which is offered for sales as described above may be displayed beyond the confines of a building in the Service-Commercial District, but the area occupied by the outdoor display shall not constitute a number of square feet greater than 10% of the ground floor area of the principal-use building, unless the merchandise is of a type customarily displayed outdoors such as garden supplies.

(c) No storage of any type shall be permitted within the 1/2 of the required front or side street setback nearest the streets.

(H) Requirements for vehicular and pedestrian circulation.

(1) (a) All commercial buildings or structures and their accessory uses shall be accessible to and from nearby public streets and sidewalks by driveways and walkways surfaced with a hard, all-weather, durable, dust-free material and properly drained.

(b) Vehicular traffic generated by a commercial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic.

(c) The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the City Engineer who may require additional measures for traffic control, including but not limited to the following: directional signalization, channelization, standby turn lanes, illumination and storage area and distribution facilities within the commercial site to prevent back-up of vehicles on public streets.

(2) No area used by motor vehicles other than driveways serving as ingress to and egress from the commercial site shall be located within the public street right-of-way.

(3) All driveways to or from the public street shall be subject to the following restrictions.

Driveways Widths: (Measurement Between Roadway Edges)
Type	Maximum Feet	Minimum Feet
One-way	20	12
Two-way	30	24

Minimum driveway angle to street	Thirty degrees when street is 1-way or divided, otherwise 60 degrees
Minimum distance between driveways	Twenty feet, between roadway edges measured along street curb line.

Minimum Distance of Driveway from Street Intersection (Measured Along Street Curb Line Between Driveway Edge Nearest Intersection and Intersection Street Curb Line)
Type of Street Driveway Enters	Type of Intersection Street	Minimum Distance when Driveway Enters Lane Distance Approaching Intersection	Minimum When Driveway Enters Lane Leaving Intersection*
Minor street	Minor street, Collector street or minor arterial, major arterial	15 feet 20 feet	15 feet 15 feet
Collector street	Minor street collector, minor arterial, major arterial	20 feet 25 feet 30 feet	15 feet 15 feet 20 feet
Major arterial	Minor street collector, minor arterial, major arterial	20 feet 25 feet 40 feet	15 feet 15 feet 20 feet
* Note: Minimum distance to be the same as that specified for approaching lane if left turns are permitted into or out of driveways.

(I) General regulations. Additional regulations applicable to the C-2 District are set forth in § 152.26.

(1987 Code, § 702.09) (Am. Ord. 664, passed 11-12-2024)

§ 152.24 REGIONAL COMMERCIAL/INDUSTRIAL DISTRICT.

(A) Purpose. The purpose of the C-3 Regional Commercial/Industrial District is to accommodate professional offices and larger scale businesses that sell goods and provide services to the general public. The businesses located in this district include those that benefit from access and visibility from the Interstate 90 and Highway 74 corridors. The majority of the customers will access these businesses in automobiles, and therefore adequate vehicle parking must be provided on the business property. Through a combination of excellent site planning, architectural design, landscaping, design standards and improvements both within and adjacent to the public right-of-way, this district is intended to project the image and character of an attractive and distinctive gateway into St. Charles.

(B) Generally.

(1) To the extent the provisions of this section conflict with regulations elsewhere in the city code, the provisions of this section shall govern development within the Regional Commercial/Industrial (C-3) District. Additional zoning regulations applicable to the C-3 District are set forth in § 152.41.

(2) Any use not listed as either permitted, conditional or accessory in this district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in this district.

(1) Enclosed warehousing and storage structures;

(2) Manufacturing, processing, packaging, or assembly;

(3) Office;

(4) Wholesaling and distributing operations;

(5) Research;

(6) Retail;

(7) Personal services;

(8) Professional services;

(9) Repair services;

(10) Entertainment and amusement services;

(11) Motor vehicle, boat, recreational vehicle, or trailer sales and service;

(12) Auto/truck washing services;

(13) Farm implements sales and service;

(14) Lumberyards and construction material sales or equipment rental;

(15) Garden and landscaping sales and service including produce sales;

(16) Hotels, motels;

(17) Private clubs and lodges, civic organizations;

(18) Restaurants, taverns, night clubs, supper clubs and delicatessens;

(19) Convenience stores and gas stations;

(20) Drive-in or drive through facilities associated with banks, restaurants, and the like;

(21) Public utility facility;

(22) Contractors' offices and yards;

(23) Cannabis and hemp retail businesses; and

(24) Cannabis delivery services.

(D) Permitted accessory uses.

(1) Accessory uses permitted are uses incidental to the principal uses such as off-street parking and loading and unloading areas and storage of merchandise and/or material;

(2) Signs are regulated by § 152.41(K); and

(3) On-site consumption is a permitted accessory use at cannabis microbusinesses and lower-potency hemp edible retailers.

(E) Prohibited uses. The following uses shall be prohibited in the C-3 District:

(1) Junkyards;

(2) Rental storage units;

(3) Manufacture and/or storage of explosives or fireworks;

(4) Fuel refineries or production;

(5) Asphalt or concrete plants;

(6) Landfills;

(7) Sludge disposal;

(8) Permanent or temporary storage of hazardous waste as a principal use;

(9) Acid manufacturing;

(10) Creosote treatment or manufacturing;

(11) Rendering plants;

(12) Dwelling units;

(13) Adult uses;

(14) Mining operations; and

(15) Any other uses not permitted in divisions (C), (D) or (F) of this section.

(F) Conditional uses. The following uses may be permitted subject to issuing a conditional use permit as provided in § 152.43:

(1) Firearms dealers and indoor shooting and archery ranges;

(2) All industries that have outside or open storage of parts, products, or fuels, and displays of products for sale or rent, that exceeds 25% of the lot area, including principal and accessory structures;

(3) Structures that exceed 55 feet in height;

(4) Bulk storage of more than 1.000 gallons of fuel, fertilizer, agricultural chemicals, or agricultural products;

(5) Ground floor building sizes less than 5,000 square feet;

(6) Ground floor building sizes greater than 80,000 square feet;

(7) Roof signs; and

(8) Electronic segmented or traveling message signs.

(G) Minimum lot requirements, setbacks, and building size.

(1) Lot area: 20,000 square feet.

(2) Lot width: 100 feet.

(3) Front yard: 30 feet from public street.

(4) Rear yard depth: 20 feet.

(5) Side yard, interior lot: One-half of building height (minimum of 10 feet).

(6) Side yard, corner lot: 20 feet.

(7) Ground floor building size: 5,000 square feet, unless authorized by conditional use permit.

(H) Maximum lot coverage, building height and size.

(1) Buildings shall cover no more than 50% of the lot area.

(2) Total impervious area including buildings and other hard surfaces shall be limited to 80% of the lot area.

(3) Height: 55 feet, unless authorized by conditional use permit.

(4) Ground floor building size: 80,000 square feet, unless authorized by conditional use permit.

(I) Performance standards.

(1) All federal, state and local regulations, including those of the Environmental Protection Agency, Minnesota Pollution Control Agency and the Minnesota Department of Health, as applicable.

(2) All fabrication, manufacturing, processing or production shall be undertaken within an enclosed building.

(3) All uses shall be subject to applicable local, state, and federal regulations governing discharge into a public storm or sanitary sewer or waterway. Pretreatment requirements may be set by the Dover-Eyota-St. Charles Area Sanitary Sewer District or by the city for discharge into the public sanitary sewer system.

(4) All uses within the C-3 District shall be subject to and comply with the performance standards as stated in § 152.23(F), unless otherwise provided in this section.

(J) Architectural control. Exterior building materials shall be attractive, of a durable finish, and of a quality that is compatible and harmonious with adjacent structures. All buildings shall be compatible with the prevailing character of the surrounding district to ensure they will maintain and enhance the property values of neighboring properties and not adversely affect the community's public health, safety and general welfare. Exception to the following architectural controls is only allowed with a recommendation for approval from the Planning Commission and approval by the City Council. The exception must be deemed equal to or better in strength and appearance, than the required control.

(1) Exterior building materials. The building exterior wall siding materials allowed in the district include brick, natural stone, stucco, exterior insulation and finish systems (E.I.F.S.), glass, decorative concrete with pattern or integral color, decorative pre-cast concrete panels with pattern or integral color, textured concrete masonry units, smooth faced concrete masonry units with integral color, fiber cement, concealed-fastener lap-seam metal wall panels and metal-faced composite wall panels, commercial grade vinyl, steel, or aluminum siding, wood siding (not plywood, composite or engineered wood).

(2) Building accent. A minimum of 20% of the exterior building walls shall be an accent material providing a contrast in texture and/or material type. Accent materials may be any of the materials allowed in division (1) above.

(3) Front facade. In addition to doors, the front entry shall include a different treatment of a projected or recessed entry or distinguishing trim, and a minimum of 2 of the following design elements:

(a) Accent material providing a contrast in texture and/or material type on at least 25% of the wall.

(b) Window treatment of at least 25% of the wall.

(d) Irregular shaped building footprint and/or facade.

(4) Multi-sided architecture. Any rear or side building elevation which faces a public street or highway shall include a minimum of 2 of the additional design elements listed under division (3), front facade.

(5) Visual relief. No wall shall exceed 100 feet in length without visual relief. VISUAL RELIEF is defined as the incorporation of design features such as windows, horizontal and vertical patterns, accent materials, or varying wall depths. Varying paint or material color does not qualify for visual relief.

(K) Regulations on screening, landscaping, lighting, storage and outdoor displays.

(1) Screening.

(a) All loading docks and garbage/recycling containers shall be screened so as not to be visible from any public street.

(b) All rooftop equipment and related piping, ducting, electrical and mechanical utilities that can be viewed from ground level shall be painted to match the building, designed to be compatible with the architectural treatment of the principal structure or screened by the use of parapet walls or metal screening systems. (Wood fencing shall not be used for the screening of rooftop mechanical equipment.)

(d) The screening required in this section shall not extend within 15 feet of any street. The screening shall be at least 90% opaque within 5 years and not less than 6 feet in height.

(e) All principal and accessory uses, except business signs, which are situated within 50 feet of a residential district shall be screened from the district by a wall or fence of not less than 90% opacity and between 5 and 7 feet in height above the level of the residential district property at the district boundary.

(f) Walls or fences of lesser heights or planting screens may be permitted by the Council if the type of screen required by this code is found to interfere with the provisions of adequate amounts of light and air to the properties.

(g) All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

(2) Landscaping. All exposed ground areas surrounding or within a principal or accessory use, including boulevards, which are not devoted to drives, sidewalks, patios or other uses shall be landscaped with grass, shrubs, trees or other ornamental landscape material.

(3) Lighting. Exterior lighting shall be arranged to limit direct illumination and glare upon or into any contiguous parcel. Direct or reflected glare or spill light shall not exceed 1 foot-candle on any abutting parcel. Lights within the public right-of-way are exempt from this standard. No flickering or flashing lights shall be permitted.

(4) Storage; displays.

(a) All materials, supplies, merchandise or other similar matter not on display for a direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building or screened to provide 90% opacity through fences or walls, berms, landscaping or any combination thereof. The plantings shall be a minimum of 3 feet in height at installation and shall be 6 feet in height in 5 years.

(b) Merchandise which is offered for direct sale, rental or lease to the ultimate consumer may be displayed beyond the confines of a building, but the area occupied by the outdoor display shall not constitute a number of square feet greater than 15% of the ground floor area of the principal-use building. Motor vehicle, boat, recreational vehicle, or trailer sales and service shall be exempt from the above provision.

(d) The height of all materials stored/displayed, shall not exceed the height of the perimeter fence or screening. Equipment on display for direct sale, rental or lease shall not exceed ¾ of the height of the principle building.

(e) All outdoor storage/display areas shall be hard-surfaced with either bituminous or concrete. Compacted bituminous millings or other comparable dust-free surface material may be used upon the recommendation of the Planning Commission and at the discretion of the City Council.

(f) Screening fences or walls, when utilized, shall be constructed of permanent finished materials, such as vinyl, composite lumber, brick, stucco, textured concrete, stone or chain link and shall be comparable with those used in the construction of the principle structure. Other materials may be used upon the recommendation of the Planning Commission and at the discretion of the City Council.

(L) Requirements for vehicular and pedestrian circulation.

(1) All buildings or structures and their accessory uses shall be accessible from nearby public streets by driveways, parking areas, and walkways, and shall be hard-surfaced with either bituminous or concrete. All surfaces shall have adequate drainage.

(2) Vehicular traffic generated by a commercial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic.

(3) The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the City Engineer who may require additional measures for traffic control, including but not limited to the following: directional signalization, channelization, standby turn lanes, illumination and storage area and distribution facilities within the commercial site to prevent back-up of vehicles on public streets.

(4) No area used by motor vehicles other than driveways serving as ingress to and egress from the site shall be located within the public street right-of-way.

(5) All driveways to or from the public street shall be subject to the restrictions found in § 152.23(H)(3), unless otherwise provided in this section.

(M) Sign regulations.

(1) Signs adjacent to Interstate 90 and State Highway 74 shall meet all applicable state and federal regulations.

(2) The total surface area of all business signs on a lot, whether attached or detached from the building, shall not exceed 3 square feet per lineal foot of all lot frontage on a public right-of-way. Motor vehicle, boat, recreational vehicle, or trailer sales and service shall be exempt from the above provision.

(3) Building signs.

(a) Wall signs. A maximum of 1 sign per building plus 1 sign per business may be attached to or painted on each wall face. The total sign area per wall face shall not exceed 400 square feet or 20% of the wall surface (whichever is less). Nameplate (address) signs up to 2 square feet are exempt. Motor vehicle, boat, recreational vehicle, or trailer sales and service shall be exempt from the above provision.

(b) Projecting signs. A maximum of 1 projecting sign, which is one that extends perpendicularly out from a building's wall surface, is allowed for each building or each business. Each projecting sign shall not exceed more than 100 square feet total (all faces) in area and shall not project more than 10 feet from the building wall. Projecting signs shall not exceed 20 feet in height about the

average ground elevation along the side of the building the sign is attached. No projecting sign shall be more than 15 feet directly above a driveway, alley or sidewalk or less than 10 feet above a driveway, alley or sidewalk. No projecting sign shall extend into the required setbacks or encroach into a public right-of-way.

(c) Roof signs. Roof signs, erected upon or over a roof or parapet, are only allowed by conditional use permit, but shall in no case exceed 15 feet in height above the roof or parapet line nor higher than 30 feet above the average ground elevation at the building line.

(4) Freestanding signs. A maximum of 2 detached signs are allowed on each lot. The maximum area of all freestanding sign faces for each lot shall be 400 square feet. One sign shall not exceed 75 feet in height and the second sign shall not exceed 25 feet in height above the average ground elevation at the building line. No portion of the sign shall extend within half of any required setback nearest a property line or street. Consolidation of signage is encouraged, and if 2 or more lots share a freestanding sign, the maximum surface shall be the sum of that allowed for each lot represented.

(5) Signs may be illuminated with a static graphic. When a sign is indirectly illuminated, from a source of light separated from the sign, the light source shall not be visible from any public right-of-way and shall not be directed as to cause glare, either direct or indirect, on adjacent property. Flashing illumination is prohibited.

(6) Electronic signs. Electronic signs whose message may be changed by electronic process must only advertise activities conducted on the premises, including such messages as copy, art, graphics, and or advertising of products or services for sale on the premises. The display must not change or move more often than once every 5 minutes. Flashing illumination is prohibited. Additional data such as time, date, and/or temperature may also be displayed and may be updated as applicable. Segmented messages and traveling messages are only allowed by conditional use permit. Signs having continuous graphic animation or video are prohibited.

(7) Advertising signs. Advertising signs, which are those that direct attention to a business not on the premises, shall be prohibited, except for those included in a sign master plan for the C-3 District, as approved by the City Council. Specific standards shall be developed and approved for the sign master plan, and signs erected per the sign master plan shall be in addition to the sign limits set for each lot in the C-3 District sign regulations.

(8) Sign construction. All signs shall be constructed in a safe structural manner in accordance with the governing building and electrical codes. No sign shall be placed so as to obstruct or interfere with traffic visibility.

(9) Sign maintenance. All signs, including supports and attachments, shall be properly maintained and kept in good structural condition. The signs shall be kept neat and clean in appearance and if painted, repainted as needed.

(Ord. 554, passed 6-26-2012; Am. Ord. 599, passed 4-24-2018; Am. Ord. 618, passed 3-10-2020; Am. Ord. 624, passed 8-25-2020; Am. Ord. 664, passed 11-12-2024)

§ 152.25 LIGHT INDUSTRY DISTRICT.

(A) Purpose.

(1) The Light Industry District is intended to establish areas in which light manufacturing and industrial activities may situate.

(2) The district will try to provide locations which offer adequate essential utilities to meet the demands of light industry, provide standards and controls which ensure a functional relationship among various types of land uses and enable this type of activity to remain a good neighbor to adjoining districts.

(B) Permitted principal uses. The following uses shall be permitted:

(1) Airports, heliports, cartage and express facilities, and railroad rights-of-way;

(2) Bottling establishments;

(3) Bus and truck storage and maintenance lots and garages;

(4) Electric and electronic manufacturing establishments;

(5) Engraving, printing, publishing, cartographic and bookbinding establishments;

(6) Fuel and ice dealers, including bulk sales, storage and distribution;

(7) Laundry and dry cleaning processing centers;

(8) Light manufacturing and processing operations, including saw mills and cutting operations;

(9) Machine shops; limited operations only;

(10) Medical, dental and optical laboratories;

(11) Railway rights-of-way and loading docks, excluding freight and classification yards;

(12) Storage and warehousing facilities; wholesale business and office establishments;

(13) Cannabis wholesaling businesses;

(14) Cannabis delivery services;

(15) Cannabis transporter businesses;

(16) Indoor cannabis cultivation;

(17) Cannabis manufacturers;

(18) Lower-potency hemp edible manufacturers; and

(19) Cannabis testing facilities.

(1) Off-street parking and loading as regulated in § 152.41(L);

(2) Signs, as regulated in § 152.41(K); and

(3) Uses customarily incidental to the uses listed in divisions (B) and (D) of this section.

(D) Conditional uses. The following uses may be permitted subject to the issuance of a conditional use permit as provided in § 152.43:

(1) Automobile wrecking and/or junk yards, provided the use is conducted within a building or the premises on which the business is conducted is entirely enclosed within a substantial fence, except for gates, not less than 8 feet in height and having an opacity of 100% or equivalent screening barrier approved by the City Council;

(2) Extracting, processing or storing sand, gravel, stone or other raw materials subject to the following provisions:

(a) Bonding. The person securing a temporary excavation permit must present adequate proof of bonding to the city in the form of a performance bond, sufficient in value to cover the expense of completing the development plan or to bring the portion of the completed project to a safe grade and elevation to be healthful and safe to the general public and to provide safe and adequate drainage of the site;

(b) Future use of the lands. The persons who apply for a temporary excavation permit must submit a plan of intent as to the future use of the property being excavated; the development plans showing proposed elevations, drainage, access routes to be used in hauling to and from the site; daily operational hours; and the projected period of excavation;

1. If, during the excavation work, the person excavating must create a condition of grade or drainage not in the interest of health or safety, that person must immediately correct the dangerous situation created and fence the area from the general public during the period of danger.

2. All trenching and excavation shall be done in accordance with the safety specifications recommended by the State Department of Labor and Industry and the Manual of Accident Prevention in Construction, Association of General Contractors of America, as now promulgated or revised; and

(d) Temporary excavation district. The use of land for the major removal, processing and/or storage of topsoil, sand or gravel and other material from the land is not permitted in any zone unless temporary excavation permission has been granted by the Council following favorable recommendation by the City Planning Commission. Permits shall be issued for a maximum period of 1 year and shall be subject to review and rehearing at that time.

(3) Uses similar to those listed in division (B) above, provided that the nature of operation is in keeping with the character and purpose of an I-1 District.

(E) Height, yard setback and lot area and coverage requirements. The height, yard setback and lot area and coverage requirements shall be those set forth in § 152.40.

(F) Performance standards. The performance standards for the I-1 District shall be those stated in § 152.22(F).

(G) Regulations on screening, landscaping, lighting, storage and outdoor displays. The regulations for screening, landscaping, lighting, storage and outdoor displays shall be those stated in § 152.23(G).

(1987 Code, § 702.10) (Am. Ord. 554, passed 6-26-2012; Am. Ord. 664, passed 11-12-2024)

§ 152.26 GENERAL INDUSTRY DISTRICT.

(A) Purpose.

(1) The General Industry District will try to provide areas suitable for the location of general industrial activities by allowing adequate loading facilities with access to thoroughfares and railways, ensuring necessary expansion space within district boundaries, and providing effective controls for nuisance and pollution.

(2) Industrial development will be encouraged in a compact and orderly manner so that a wholesome relationship with other land use areas within the city is established.

(B) Permitted principal uses. The following uses shall be permitted:

(1) Adult use/principal businesses;

(2) Appliance assembly and warehousing;

(3) Building materials production, paper mills (including storage facilities), lumber companies and yard;

(4) Bulk gasoline and oil stations and distributing plants;

(5) Canning factories and creameries, food processing plants including smoking and curing operations, dairy operations and produce companies;

(6) Cartage and express facilities;

(7) Contractors’ offices, shops, yards and storage facilities for plumbing, heating, glazing, painting, paperhanging, roofing, ventilating, air conditioning, lumber, masonry, electrical and refrigeration industries;

(8) Cooperatives;

(9) Freight terminals and classification yards;

(10) Fuel and ice sales and storage facilities, including bulk-fuel storage and warehouses;

(11) Garages for storage, repair and servicing of motor vehicles and farm implements;

(12) Grain elevators, milling and processing activities, feed companies;

(13) Highway maintenance shops and yards, public utility maintenance shops and yards;

(14) Machine shops;

(15) Monument works, cutting, grinding and polishing operations;

(16) Poultry and animal rendering plants, processing and treatment yards;

(17) Railroad rights-of-way, including loading docks, warehouses and similar uses;

(18) Sewage disposal plants, including secondary treatment operations;

(19) Cannabis wholesaling businesses;

(20) Cannabis delivery services;

(21) Cannabis transporter businesses;

(22) Indoor cannabis cultivation;

(23) Cannabis manufacturers;

(24) Lower-potency hemp edible manufacturers; and

(25) Cannabis testing facilities.

(1) Off-street parking and loading as regulated in § 152.17(L);

(2) Signs as regulated in § 152.41(K); and

(3) Uses customarily incidental to the uses listed in divisions (B) and (D) of this section. All accessory uses shall be on the same lot as the principal use.

(D) Conditional uses. The following uses may be permitted subject to the issuance of a conditional use permit as provided in § 152.43:

(1) Restaurants and service establishments of an essential or convenience nature, whose principal function is serving the employees within the Industrial District, provided the uses so allowed shall be consistent with the purpose and operation of a General Industry District; and

(2) Any use listed in division (B) above, or use of a similar nature or compatible nature, which proposes to locate in any of those areas within the General Industry District that have been designated as an Industrial Park by the Council and Planning Commission.

(E) Height, yard setbacks and lot area and coverage requirements. The height, yard setbacks and lot area and coverage requirements shall be those set forth in § 152.40.

(F) Performance standards. Performance standards shall be required in the General Industry District. The standards shall be those set forth in § 152.22(F), except that measurements for nuisance characteristics shall be taken from the district boundary line rather than the property line of any particular use.

(G) Regulations on screening, landscaping, lighting, storage and outdoor displays. The regulations on screening, landscaping, lighting, storage and outdoor displays shall be those set forth in § 152.23(G).

(1987 Code, § 702.11) (Am. Ord. 554, passed 6-26-2012; Am. Ord. 664, passed 11-12-2024)

§ 152.27 ADULT USES.

(A) Purpose. The purpose of this section is to provide the opportunity for operation and establishment of adult land uses while providing controls that limit negative impacts of adult uses on residential and commercial areas.

(B) General. Adult use as defined in this chapter shall be subject to the following general provisions:

(1) Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not permitted and are prohibited;

(2) Principal adult uses, shall be prohibited from locating in any building which is also utilized for residential purposes;

(3) An adult use, which does not qualify as an accessory use, shall be classified as an adult use/principal; and

(4) Zoning controls and district text application: so as to provide specific opportunity for adult uses to exist within the City of St. Charles, an analysis of the existing city ordinance text and map has been conducted. It was determined that the I-2 General Industry District provided the most appropriate zone to accommodate adult uses classified as principal activity. Only amendments to the I-2 text are, therefore, proposed to accommodate adult uses/principal. Principal adult uses are permitted only in the I-2 zoned districts.

(1) Adult use/principal activities shall be located at least 1,000 lineal feet, as measured in a straight line from the building upon which the adult use/principal is located to the property line of the following:

(a) Residentially zoned property;

(b) Agricultural land located in the neighboring township or in the city that is designated in the Comprehensive Plan for residential use;

(d) A public or private educational facility classified as an elementary, middle, junior high or senior high school;

(e) A public library;

(f) A public park;

(g) A church;

(h) Amusement places such as roller rinks, dance halls and bowling alleys; and/or

(i) Liquor sales.

(2) Adult use/principal activities shall be located at least 1,000 lineal feet apart as measured from one another.

(3) Adult use/principal activity is a separate use and no 2 adult use/principal activities shall be located in the same building or upon the same property and each use shall be subject to the above.

(4) Adult use/principal activities shall adhere to the following signing regulations:

(a) Sign messages shall be generic in nature and shall only identify the type of business, which is being conducted;

(b) Sign messages shall not contain material classified as advertising; and

(5) Adult use/principal activities shall be prohibited in establishments where liquor is served.

(6) Adult use/principal activities shall be prohibited at any place or event where minors are permitted.

(D) Adult use/accessory.

(1) Adult use/accessory activities are permitted only in the C-1 or C-2 zoned districts.

(2) Adult use/accessory activities shall comprise no more than 10% of the floor area of the establishment in which it is located or shall comprise an area no greater than 100 square feet of floor area in which it is located, whichever is smaller.

(3) Adult/accessory activities shall be restricted and prohibited from access to minors by the physical separation of these items from areas of general public access:

(a) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation;

(b) Magazines. Publications classified or qualifying as adult uses shall be covered with a wrapper or other means to prevent display of any material other than the publication title; and

(c) Other use. Adult use/accessory activities not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.

(4) Adult use/accessory activities shall be prohibited from both internal and external advertising and signing of adult materials and products.

(5) Adult use/accessory activities shall be prohibited in establishments where liquor is served.

(6) Adult use/accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.

(1987 Code, § 702.12) (Am. Ord. 554, passed 6-26-2012)

§ 152.28 ZONING MAP.

(A) Zoning map. A zoning map shall be maintained which shall show the boundaries of the districts established by this chapter.

(B) Amendments. All approved amendments shall be added to, and made a permanent part of the zoning map.

(1987 Code, § 702.13) (Am. Ord. 554, passed 6-26-2012)

§ 152.29 HOME OCCUPATION.

(A) Purpose.

(1) The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood.

(2) In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily more sensitive home occupations so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process.

(B) Application. Subject to the nonconforming use provision of this section, all occupants conducted in the home shall comply with the provisions of this section.

(1) Permitted home occupation.

(a) Any home occupation as defined in this chapter shall require a home occupation permit.

(b) These permits shall be issued subject to the conditions of this section, other applicable city ordinances and state law.

(c) This permit may be issued by the Zoning Administrator or his or her agent based upon proof of compliance with the provisions of this section.

(2) Special home occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this division shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the provisions of § 152.46.

(a) Declaration of conditions. The City Council may impose conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this section.

(b) Effect of permit. A special home occupation permit may be issued for a period of 1 year after which may be reissued for periods of up to 3 years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit.

(3) Transferability. Permits shall not run with the land and shall not be transferable.

(4) Lapse of special home occupation permit by non-use.

(a) Whenever within 1 year after granting a permit the use as permitted by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council.

(b) An extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit.

(c) There shall be no charge for the filing of the petition. The request for extension shall state fact showing a good faith attempt to initiate the use.

(d) The petition shall be presented to the City Council for a decision.

(5) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the City Council for at least 6 months from the date of its denial unless a decision to reconsider the matter is made by not less than 4/5 vote of the full City Council.

(6) Renewal of permits.

(a) An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit.

(b) In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment.

(c) Each application for the renewal of a permit will be considered as a new permit without taking into consideration that a previous permit has been granted.

(d) The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.

(D) Requirements; general provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions.

(1) General provisions.

(a) No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

(b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses.

(d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

(e) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

(f) The home occupation shall meet all applicable fire and building codes.

(g) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling.

(h) All home occupations shall comply with the provisions of the City Nuisance Ordinance.

(i) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m.

(j) The City Council shall be allowed to establish additional requirements with the intent to safeguard the health and welfare of the surrounding neighborhoods.

(2) Requirements; permitted home occupations.

(a) No person other than those who customarily reside on the premises shall be employed.

(b) All permitted home occupations shall be conducted entirely within the principal dwelling or existing accessory buildings.

(c) Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway.

(d) Examples of permitted home occupations include: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions, which consist of more than 1 pupil at a time. None of the above shall service more than 1 person at a given time.

(e) The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than 1 pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet.

(3) Requirements; special home occupation.

(a) No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for nonresidential assistance and that this exception would not compromise the intent of this chapter.

(b) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like.

(c) The home occupations may involve any of the following: stock-in-trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than 1 pupil at a time.

(d) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review.

(E) Non-conforming use.

(1) Existing home occupations lawfully existing on the date of this ordinance may continue for 2 years as non-conforming uses, after which time they will be brought into conformity with the provisions of this division.

(2) They shall, however, be required to obtain permits for their continued operation.

(3) Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision.

(F) Inspection. The applicant, upon making application, grants to the city upon issuing any home occupation permit the right to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this division or any conditions additionally imposed.

(1987 Code, § 702.14) (Am. Ord. 554, passed 6-26-2012)