This chapter shall be known and may be cited and referred to as the Zoning Code of the City of Saint Peter, to the same effect as if the full title were stated.

(Ord. No. 394(2nd Ser.), § 1(11.01), 11-26-2007)

This chapter shall govern the zoning of all lands within the corporate limits of the City.

(Ord. No. 394(2nd Ser.), § 1(11.01), 11-26-2007)

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

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Addition means any construction which increases the site coverage, height, length, width, mass or floor area of a structure.

Alley means a public or private passage or way which:

(1)

Is less than the usual width of a street;

(2)

May be open to but is not designed primarily for general vehicular traffic;

(3)

Intersects or opens to a street; and

(4)

Is primarily used for the ingress and egress or other convenience of two or more owners of abutting real properties.

Alteration means any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders.

Attached means having one or more walls in common with a principal building, or joined to a principal building by a covered porch or passageway.

Attic means a space under a gable, hip or gambrel or other roof, the finished floor of which is or would be at or entirely above the level of the wall plates of at least two exterior walls, and the height of which, from floor level to the highest point of the roof, does not exceed ten feet.

Basement means a story partly underground but having at least one-half of its height above the curb level, and also one-half of its height above the highest level of the adjoining ground, with a floor to ceiling dimension of at least 6½ feet. A basement shall be counted as a story under the provisions of this chapter.

Boardinghouse orlodginghouse means a building, other than a hotel, where meals are regularly served or lodging furnished for compensation to no more than three persons not related by blood or legal relationship of the family residing therein.

Building means a structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such a structure shall be deemed a separate building.

Building, accessory, means a building which is subordinate to the main building on the lot, not attached thereto and used for purposes customarily incidental to those of the main building. Private garages are accessory buildings.

Building, height of, means the perpendicular distance measured in a straight line from the curb level to the highest point of the roof. Where a building is situated on ground above the curb level or where no curb grade is established, such level shall be measured from the level of the adjoining ground at the middle of the front wall.

Building line means the setback distance from the front property line, rear lot line, and side lot lines as measured from the building wall.

Building wall means the wall of a building forming part of the main structure. The foundation walls of open porches, steps, walks and retaining walls or similar structures, shall not be considered as building walls.

Bush. See Shrub.

Cellar means a story having more than one-half of its height below the curb level, or below the highest level of the adjoining ground with a floor to ceiling dimension of at least 6½ feet. A cellar shall not be considered as a story for the purposes of this chapter.

Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

(1)

Certain conditions as detailed in this chapter exist; and

(2)

The structure or land use conforms to the comprehensive land use plan if one exists and is compatible with the existing neighborhood.

Curb level means the elevation of the front of a lot as established by the top of the installed street curb at the centerpoint of the front lot line.

Detached means fully separated from any other structure; not attached.

Drive-in service means a feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive-through services such as mechanical automobile washing.

Driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

Dwelling means any building or portion thereof which is designed or used primarily for residential purposes but not including a tent or trailer.

Dwelling, multifamily, means a dwelling used or intended to be used or occupied as the residence of three or more families or housekeeping units living independently of each other.

Dwelling, single-family, means a detached building that is arranged, designed or intended to be occupied as the residence of a single-family or housekeeping unit and having no party wall in common with an adjacent building.

Dwelling, two-family, means a detached building that is arranged, designed or intended to be occupied as the residence of two families or housekeeping units living independently of each other.

Enclosed site: A lot, or combination of lots, upon which a commercial or industrial use is conducted as a permitted use; the perimeter of which is entirely enclosed by the construction of a fence of at least six feet in height and which provides an opaque visual barrier of the use when the lot(s) are viewed at the curb elevation of an adjoining residentially zoned lot, right-of-way or other public place.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Family means a group of individuals living and cooking together on the premises as one housekeeping unit, but a family shall not include more than four individuals not related by blood or legal relationship.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Saint Peter.

Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

Garage, private, means an accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business services or industry connected with the motor vehicles is carried on other than leasing of space.

Hedge means a linear growth of woody plants planted to form a barrier to enclose or screen areas of land.

Home occupation means a business or occupation use conducted in a residential zoning district, which use is incidental and secondary to the residential use and which complies with the provisions of article IV of this chapter.

Loading space means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.

Lot means a parcel of land under common ownership having its frontage upon one or more streets.

Lot area means the net horizontal area within bounding lot lines, but excluding any portion of a flag (panhandle) lot providing access to a street and excluding any public or private easement or right-of-way providing access to another lot.

Lot, corner, means a lot fronting on two intersecting streets.

Lot coverage orbuilding coverage means the area of a lot covered by buildings or impervious ground level paving, but excluding incidental projecting eaves, balconies, and similar features and excluding landscaping and open recreational facilities.

Lot depth means the distance from the front lot line to the rear lot line. In the case of a lot of irregular shape, the mean depth shall be the lot depth.

Lot, interior, means a lot other than a corner lot.

Lot line, front, means, in the case of an interior lot abutting on only one street, the front lot line is the street line of such street. In the case of a through lot it may be such street line as is selected by the owner as the front lot line for the purposes of this chapter. In the case of a corner lot with frontage on two or more public streets, the front lot line shall be the lot line so designated by the owner.

Lot line, rear, means that boundary line which is opposite and most distant from the front lot line.

Lot line, side, means a boundary line not a front lot line or a rear lot line.

Lot, through, means an interior lot having frontage on two parallel, or approximately parallel streets and also know as a double frontage lot.

Lot width means the distance between the side lot lines. In the case of a lot of irregular shape, the mean width shall be the lot width.

Mobile home means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle.

Mobile home community means any site, lot, field or tract of land upon which two or more occupied mobile homes are situated, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park.

Mobile home space means an area within a mobile home community which is designed for and designated as the location for a single mobile home and the exclusive use of its occupants.

Nonconforming use means a lawful use of any land, building or structure that does not conform to currently applicable use regulations, but which complied with use regulations in effect at the time the use was established.

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

Parking facility means an area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by this chapter. The term "parking facility" includes parking lots, garages, and parking structures.

Parking space means an area on a lot or within a building, used or intended for use for parking of a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this chapter. The term "parking space" is equivalent to the term "parking stall" and does not include driveways, aisles, or other features comprising a parking facility.

Porch, open, means a roofed structure, open on two or more sides, projecting from the front, side or rear wall of the building.

Principal use or structure means all uses or structures that are not accessory uses or structures.

Public way means an open or unoccupied public space which is permanently reserved for the purpose of access to abutting property.

Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Recreational vehicle means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term "recreational vehicle" includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers, snowmobiles and all-terrain vehicles.

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

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

Residential convenience service means a use or activity of a commercial nature conducted as an accessory use to multifamily residential or mobile home community residential use, and intended solely for the convenience of residents thereof.

Setback, front yard, means the required space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any building of the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than 30 inches, steps, bay window or similar features not extending through more than one story and which do not aggregate more than one-third of the width of the frontage of the building, and vestibules not more than one story in height and extending not more than three feet beyond the front wall of the principal building.

Setback line means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot. In the case of a corner lot with frontage on two or more public streets, each yard abutting a public street shall have the same setback requirements as a front yard.

Setback, rear yard, means the required open space, unobstructed to the sky, extending along the rear lot line (not street line), throughout the whole width of the lot to the rear of the principal building. Cornices, eaves, gutters or chimneys may project not more than 30 inches into the required rear yard uncovered steps or open porches not more than one story in height and eight feet in width may extend not more than 12 feet into the required rear yard.

Setback, side yard, means the required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard, excluding cornices, eaves, gutters, chimneys, bay windows or similar features which project into the side yard not more than 30 inches.

Shrub means a woody plant, grown for decorative, screening or enclosure purposes. The terms "shrub" and "bush" shall be the same and are interchangeable.

Site plan means a plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses, and principal site development features including parking, access, and landscaping and screening, proposed for a specific parcel of land.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast below a point immediately above the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities includes the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulations, beastiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty, pygmalionism, or urolagia;

(2)

Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;

(4)

Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts;

(5)

Situations involving a person, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;

(6)

Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;

(7)

The display or depiction of human erection, urination, menstruation, vaginal or anal irrigation.

Story means that part of any building comprised between any floor and the floor or attic next above. The first story of a building is the lowest story having at least one-half of its height above the highest level of adjoining ground.

Street, front, means the street or public way upon which a lot abuts. If a lot abuts upon more than one street or public way, the term "front street" means the street designated as the front street in the owner's application for a building permit.

Street line means the dividing line between a lot and a public street, alley or way.

Street, public, means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic.

Street wall means the wall of the building nearest the street under consideration.

Structure means that which is built or constructed and composed of parts joined together in a definite manner attached to the ground or on-site utilities. Grade level paving shall not be classified as being a structure.

Substandard lot means a lot of record that does not comply with currently applicable minimum area, width, or depth requirements for the district in which it is located, but which complies with applicable requirements when it was placed on record.

Townhouse means a dwelling unit having a common wall with, or abutting one or more adjoining dwelling units in a townhouse group, provided that each dwelling unit is located on a separate ground parcel.

Townhouse group means three or more contiguous townhouses having common or abutting walls.

Tree means a woody growth with an expected height in excess of six feet.

Use means the conduct of an activity, or the performance of a function or operation, on a site or in a structure.

Use, accessory, means a use or activity which is incidental to and customarily associated with a specific principal use on the same site.

Use, adult, means a use as regulated within this chapter, including the following:

(1)

Adult media means printed matter, magazines, newspapers, books, pictures, slides, records, audiotape, videotape, motion picture film, compact discs, digital video discs, floppy discs, and other communicative materials which are distinguished or characterized by their emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

(2)

Adult body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of a specified anatomical area.

(3)

Adult bookstore means a building or portion of a building used for the barter, rental or sale of items consisting of adult media if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of a specified sexual activity or specified anatomical area.

(4)

Adult cabaret means a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of a specified sexual activity or specified anatomical areas.

(5)

Adult companionship establishment means a companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(6)

Adult conversation/rap parlor means a conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(7)

Adult health/sport club means a health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(8)

Adult hotel/motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(9)

Adult massage parlor means a massage parlor which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(10)

Adult mini-motion picture theater means a building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

(11)

Adult modeling studio means an establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

(12)

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

(13)

Adult motion picture theater means a building or portion of a building with a capacity of 50 or more persons used for presenting material in such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

(14)

Adult novelty business means a business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.

(15)

Adult sauna means a sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(16)

Adult steam room/bathhouse/spa means a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Use, conditional, means a use listed by the regulations for any particular district as a conditional use within that particular zoning district and allowable therein, solely on a discretionary and conditional basis subject to a conditional use permit and to all other regulations established by this chapter.

Use, permitted, means a use listed by the regulations for any particular zoning district as a permitted use within that particular district, and permitted therein as a matter of right when conducted in accordance with the regulations established by this chapter.

Use, principal, means a use which is a primary function of a lot or structure.

Valuation means the 100 percent valuation of a building or structure, as determined by the County Assessor.

(Ord. No. 394(2nd Ser.), § 1(11.05), 11-26-2007; Ord. No. 405(2nd Ser.) § 8, 4-27-2009)

In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or other rules or regulations or chapters, the provisions of this chapter shall govern.

(Ord. No. 394(2nd Ser.), § 1(11.02), 11-26-2007)

In order to carry out the purpose and intent of this chapter, the area of the City is hereby divided into 16 zoning district classifications as follows:

(Ord. No. 394(2nd Ser.), § 1(11.03), 11-26-2007)

Subd. 1.

The boundaries of these districts are indicated and established as shown upon maps designated as the "Official Zoning Map of Saint Peter, Minnesota," which, with all its notations, designations, references and other matters shown thereon, shall be as much a part of this zoning chapter as if fully described and set forth herein. The Official Zoning Map shall be identified by the City Clerk-Administrator and attested by the Zoning Administrator under the following words:

"This is to certify that this is the Official Zoning Map referred to in section _____ of the Saint Peter Zoning Code adopted this the _____ day of ___________, 20___."

Subd. 2.

Amendments, supplements or changes of the boundaries of districts as shown on the Official Zoning Map shall be made by amendment of this City Code; provided, however, that the Zoning Map shall not be repealed or reenacted, but only amended. The Official Zoning Map, together with amendments, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures within the City.

(Ord. No. 394(2nd Ser.), § 1(11.03), 11-26-2007)

Where uncertainty exists as to district boundaries as shown on the Official Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerline of streets, highways, alleys or other public rights-of-way shall be construed to follow such centerline.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following section, quarter section, or quarter-quarter section lines shall be construed as following such lines.

(4)

Boundaries indicated as approximately following City limits shall be construed as following such City limits.

(5)

Boundaries indicated as approximately following shorelines shall be construed as following such shorelines and in the event of changes in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerline of rivers shall be construed as following such centerline.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(7)

Where physical features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) through (6) of this section, the Board of Appeals and Adjustments shall interpret the district boundaries.

(Ord. No. 394(2nd Ser.), § 1(11.03), 11-26-2007)

Upon the annexation of any land into the City, the City Council shall determine and designate which zoning district shall be applicable to the annexed land.

(Ord. No. 394(2nd Ser.), § 1(11.03), 11-26-2007)

Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, moved, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by this chapter, for the district in which the building or land is located.

(Ord. No. 394(2nd Ser.), § 1(11.04), 11-26-2007)

No yard or lot existing on the effective date of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum required by this chapter. No part of a yard or other open space, or off-street parking or loading space provided about any building, structure, or use for the purpose of complying with the provisions of this chapter shall be included as part of a required yard, open space or off-street parking or loading space required under this chapter for another building, structure or use.

(Ord. No. 394(2nd Ser.), § 1(11.04), 11-26-2007)

Except as otherwise provided in this chapter, no lot shall contain any structure unless such lot abuts for a minimum of 20 feet on at least one public street, or unless it has an unobstructed and recorded access easement of at least 20 feet upon a public street.

(Ord. No. 394(2nd Ser.), § 1(11.04), 11-26-2007)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building or part thereof, for which approvals and required permits have been granted before the effective date of the ordinance from which this chapter is derived, the construction of which, in conformance with such plans, shall have been started prior to the effective date of the ordinance from which this chapter is derived and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.

(Ord. No. 394(2nd Ser.), § 1(11.04), 11-26-2007)

Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of this chapter, each portion shall be considered as if in separate and different ownership.

(Ord. No. 394(2nd Ser.), § 1(11.04), 11-26-2007)

Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis but exclude institutional living arrangements involving those providing 24-hour skilled nursing or medical care or those which provide forced residence, such as asylums and prisons. These shall include the following:

(1)

Single-family residential: The use of a site for only one dwelling unit.

(2)

Duplex residential: The use of a site for two dwelling units within a single building.

(3)

Two-family residential: The use of a site for two dwelling units, each in a separate building.

(4)

Townhouse residential: The use of a site for three or more townhouse-dwelling units, constructed with common or adjacent walls and each located on a separate ground parcel within the total development site, together with common area serving all dwelling units.

(5)

Multifamily residential (general): The use of a site for five or more dwelling units, within one or more buildings.

(6)

Multifamily residential (limited): The use of a site for three or four dwelling units, within a single building.

(7)

Group residential: The residential occupancy of living accommodations by groups of more than five persons not defined as a family on a weekly or longer basis. Typical uses include occupancy of fraternity or sorority houses, dormitories, residence halls, or boardinghouses.

(8)

Mobile home residential: The residential occupancy of mobile homes by families on a weekly or longer basis. Uses only include mobile home parks or mobile home subdivisions.

(9)

Pursuant to authority granted by M.S. § 462.3593, subdivision 9, the City opts-out of the requirements of M.S. § 462.3593, which defines and regulates Temporary Family Health Care Dwellings.

(Ord. No. 394(2nd Ser.), § 1(11.06), 11-26-2007; Ord. No. 30(3rd Ser.), § 1, 8-12-2016)

Commercial use types include the sale, rental, service, and distribution of goods; and the provision of services other than those classified as industrial or civic uses. These shall include the following:

(1)

Administrative and business offices: Offices of private firms or organizations which are primarily used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices of public utilities, organizations and associations or other use classifications when the service rendered is that customarily associated with administrative offices services.

(2)

Adult uses: Uses licensed by the City, including adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult message parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen by members of the public.

(3)

Agricultural sales and services: Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries; hay, feed or grain stores; and tree service firms.

(4)

Automotive and equipment services: Establishments or places of business primarily engaged in automotive-related or equipment sales or services. The following are automotive and equipment use types:

a.

Automotive washing: Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.

b.

Service station: Provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles.

c.

Commercial off-street parking: Parking of motor vehicles on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use. Typical uses include commercial parking lots or parking garages.

d.

Automotive rentals: Rental of automobiles, noncommercial trucks, trailers, and recreational vehicles, including incidental parking and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies, trailer rental agencies and taxi parking and dispatching.

e.

Automotive sales: Sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance, and servicing. Typical uses include new or used car dealerships, motorcycle dealerships and boat, trailer and recreational vehicle dealerships.

f.

Equipment sales: Sale or rental of trucks, tractors, construction equipment, agricultural implements, mobile homes, and similar heavy equipment, including incidental storage, maintenance, and servicing. Typical uses include truck dealerships, construction equipment dealerships, and mobile homes sale establishments.

g.

Automotive repair services: Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts.

h.

Equipment repair services: Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services, and machine shops, but excluding dismantling or salvage.

i.

Vehicle storage: Long term storage or operational or nonoperational vehicles. Typical uses include storage of private parking tow-aways or impound yards, but exclude dismantling or salvage.

(5)

Building maintenance services: Establishments primarily engage in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

(6)

Business support services: Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but exclude automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms.

(7)

Business or trade school: A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college, or university, or public or private educational facility.

(8)

Cocktail lounge: A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, and similar uses.

(9)

Commercial recreation: Establishments or places primarily engaged in the provisions of sports, entertainment or recreation for participants or spectators. The following are commercial recreation use types:

a.

Indoor sports and recreation: Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, and penny arcades.

b.

Outdoor sports and recreation: Uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and racquetball courts.

c.

Indoor entertainment: Predominately spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls.

d.

Outdoor entertainment: Predominately spectator uses conducted in open facilities. Typical uses include sports arenas, racing facilities, and amusement parks.

(10)

Communication services: Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as major utility facilities. Typical uses include television studios, radio stations, telecommunication service centers or telegraph service offices.

(11)

Construction sales and services: Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale, from the premises, of materials used in the construction of buildings or other structures other than retail sales of paint, fixtures and hardware; but excludes those classified as one of the automotive and equipment service use types. Typical uses include building materials stores, tool and equipment rental or sales, or building contractors.

(12)

Consumer repair services: Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment use types. Typical uses include appliance repair shops, watch or jewelry repair, or musical instrument repair firms.

(13)

Convenience storage: Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use as workshops, hobby shops, manufacturing, or commercial activity. Typical uses include miniwarehousing.

(14)

Convenience store: An establishment engaged in the retail sale of food and household products, including gasoline. Repair, storage or servicing of vehicles shall not be permitted.

(15)

Financial services: Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, loan and lending activities, and similar services.

(16)

Food sales: Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

(17)

Funeral services: Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries.

(18)

Kennels: Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels, or dog training centers.

(19)

Laundry services: Establishments primarily engaged in the provision of laundering or dyeing services other than those classified as personal services. Typical use types include bulk laundry and cleaning plants, diaper services, or linen supply services.

(20)

Liquor sales: Establishments or places of business engaged in retail sale for consumption of alcoholic beverages off the premises. Typical uses include liquor stores, bottle shops, or any licensed sales for off-site consumption.

(21)

Medical offices: A use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the State.

(22)

Parking facility: An area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by this chapter. The term "parking facility" includes parking lots, garages and parking structures.

(23)

Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

(24)

Personal services: Establishments primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barbershops, seamstress, tailor, shoe repair shops, self-service laundry, apparel cleaning or dry cleaning services.

(25)

Pet services: Retail sales and grooming of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, dog bathing and clipping salons, or pet grooming shops.

(26)

Professional office: A use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting, and similar professions.

(27)

Research services: Establishments primarily engaged in research of an industrial or scientific nature excluding product testing. Typical uses include electronics research laboratories, space research and development firms, or pharmaceutical research labs.

(28)

Restaurant (convenience): A use engaged in the preparation and retail sale of food and beverages, for on premises consumption. Typical uses include soda fountains, ice cream parlors, sandwich shops, cafes, coffee shops and fast food establishments.

(29)

Restaurant (general): A use engaged in the preparation and retail sale of food and beverages, including the on-premises sale and consumption of alcoholic beverages when conducted as an accessory or secondary feature and producing less than 50 percent of the gross income. A general restaurant may include live entertainment. Typical uses include restaurants, dinner houses and similar establishments with incidental alcoholic beverage service.

(30)

Retail sales (general): Sale or rental of commonly used goods, and merchandise for personal or household use provided for sale in structures of 45,000 square feet or more. The term "retail sales (general)" excludes those classified more specifically in this section. Typical uses include department stores, or establishments providing the following products or services. household cleaning and maintenance products, drugs, cards, and stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, fabrics, and like items; cameras, photography services, household electronic equipment, recordings, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services, office supplies; bicycles; and automotive parts and accessories (excluding service and installation).

(31)

Retail sales (limited): Sale or rental of commonly used goods, and merchandise for personal or household use provided for sale in structures smaller than 45,000 square feet. The term "retail sales (limited)" excludes those classified more specifically in this section. Typical uses include department stores, or establishments providing the following products or services. household cleaning and maintenance products, drugs, cards, and stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, fabrics, and like items; cameras, photography services, household electronic equipment, recordings, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services, office supplies; bicycles; and automotive parts and accessories (excluding service and installation).

(32)

Scrap and salvage services: Places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking yards, junkyards or paper salvage yards.

(33)

Studio/gallery (general): The studio and or gallery of an artist, photographer, craftsman, writer, composer or a person engaged in an endeavor of similar artistic nature. The gallery may provide for the display or retail sale of creations of the artist or other artists.

(34)

Studio/gallery (limited): The studio or gallery of an artist, photographer, craftsman, writer, composer or a person engaged in an endeavor of similar artistic nature. The gallery may provide for the display or retail sale of creations of the resident artist only.

(35)

Veterinary services: Veterinary services for animals. Typical uses include pet clinics, dog and cat hospitals, and veterinary hospitals.

(36)

Visitor habitation: Establishments primarily engaged in the provision of lodging services on a less than 30 day basis with incidental food, drink and other sales and services intended for the convenience of guests. The following are visitor habitation use types:

a.

Vacation rental by owner, not occupied by owner: A dwelling designed and utilized as a single-family residence, managed by the property's owner, and having bedroom accommodations for paying guests. Such uses shall be licensed and inspected by the Saint Peter Building Official as per the regulations contained within City Code, Chapter 10, Residential Rental Property.

b.

Campground: Campground facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks.

c.

Hotel/motel: Lodging services involving the provision of room or board. Typical uses include hotels, motels or transient boardinghouses.

(Ord. No. 394(2nd Ser.), § 1(11.06), 11-26-2007; Ord. No. 42 (3rd Ser.), § 1, 1-28-2019)

Industrial use types include the on-site extraction or production of goods, storage and distribution of products. These shall include the following:

1)

Basic industry: A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions.

2)

Custom manufacturing: Establishments primarily engaged in the on-site production of goods by hand manufacturing which involve only the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle making shops or custom jewelry.

3)

Light manufacturing: A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

4)

Resource extraction: A use involving the on-site extraction of surface mineral products or natural resources. Typical extractive uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations.

5)

Stockyards: Stockyard services including the temporary keeping of livestock for slaughter, market or shipping. Typical uses include stockyards or animal sales and auction yards.

6)

Warehousing and distribution: Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution types:

a.

Limited warehousing and distribution: Wholesaling, storage and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses or moving and storage firms.

b.

General warehousing and distribution: Open-air storage, distribution and handling of materials and equipment. Typical uses include monument or stone yards, grain elevators or open storage yards.

c.

Warehouse/indoor farming: Agriculture and farming operations conducted within a controlled environment by regulating light, humidity, temperature, and fertigation to grow crops indoors. Typical uses include vertical farming, hydroponic farming, and cultivation facilities.

7)

Materials recycling services: A use, conducted entirely within an enclosed site, engaged in the storage, shipping, separation and sorting of materials as licensed and permitted by the Minnesota Pollution Control Agency. Such use shall not include the handling of household solid waste or any hazardous wastes. Typical uses include building materials recycling services, commercial recycling services or other uses not otherwise classified as scrap and salvage services in subsection 24-15(32).

(Ord. No. 394(2nd Ser.), § 1(11.06), 11-26-2007; Ord. No. 405(2nd Ser.) § 9, 4-27-2009; Ord. No. 64(3rd Ser.), § 1, 6-10-2024)

Civic use types include the performance of utility, educational, recreational, cultural, and medical protective, governmental, and other uses which are strongly vested with public or social importance. These shall include the following:

(1)

Administrative services: Offices, administrative, clerical or public contact services that deal directly with the citizens, together with incidental storage and maintenance of necessary vehicles. Typical uses include Federal, State, County or City offices.

(2)

Aviation facilities: Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

(3)

Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

(4)

Club or lodge: A use providing meeting, recreational, or social facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include private social clubs and fraternal organizations.

(5)

College and university facilities: An educational institution of higher learning which offers course study designed to culminate in the issuance of a degree.

(6)

Community recreation: A recreational facility for use by residents and guests of a particular residential development, planned unit development or limited residential neighborhood, including both indoor and outdoor facilities.

(7)

Convalescent services: A use providing bed care and inpatient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services, and excluding a facility for providing care for alcoholism, drug addiction, mental disease, or communicable disease. Typical uses include nursing home or longterm care facility.

(8)

Cultural services: A library, museum, art gallery, or similar nonprofit use affording display, preservation and exhibition of objects of permanent interest in one or more of the arts and sciences.

(9)

Day care services (general): A facility, or use of a building or portion thereof, for the care of seven or more individuals. The term "day care services (general)" includes nursery schools, preschools, Day care centers for children or adults, and similar uses.

(10)

Day care services (limited): A facility or use of a building or a portion thereof, for the care of six or fewer individuals, not including members of the family regularly residing at the facility. The term "limited day care services" includes nursery schools, preschools, day care centers for children or adults, and similar uses.

(11)

Detention facilities: A publicly operated use providing housing and care for individuals confined by law.

(12)

Guidance services: A use providing counseling, guidance, recuperative, vocational, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition, either on a residential or daytime care basis.

(13)

Hospital services: A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. Additionally, hospital services may include, but shall not be limited to, accessory uses such as gift shop, day care, adult day care and cafeteria.

(14)

Local utility services: Services which are necessary to support principal development and involve only minor structures such as lines, poles, transformers, control device meters, regulators, piping, and junction boxes which are necessary to support principal development.

(15)

Maintenance and service facilities: A facility supporting maintenance, repair, vehicular or equipment serving, materials storage, and similar activities, including corporation yards, equipment service centers, and similar uses having characteristics of commercial services, or contracting or industrial activities.

(16)

Major utility facilities: Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants, and similar facilities of public agencies or public utility firms having potential significant impact upon surroundings uses.

(17)

Military installations: Military facilities of the Federal or State governments.

(18)

Park and recreation services: City-owned and operated parks, playgrounds, recreation areas or open spaces.

(19)

Postal facilities: Postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service.

(20)

Primary educational facilities: A public, private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools in the State.

(21)

Public assembly: Facilities for major public assembly, recreation, sports, amusement, entertainment, or worship. Typical uses include, but shall not be limited to, community auditoriums, sports stadiums, convention facilities, fairgrounds, exhibition facilities and places of worship.

(22)

Railroad facilities: Railroad yards, equipment servicing facilities, and terminal facilities.

(23)

Residential care services: A use, other than a hospital or convalescent facility, providing care for ambulatory persons in a residential environment, including overnight, occupancy or care for extended period of time. Typical uses include assisted living, congregate care or senior housing services facilities.

(24)

Safety services: Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

(25)

Secondary educational facilities: A public, private, or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the State.

(26)

Transportation terminals: A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of transportation, including bus terminals, railroad depots, airport terminals, and public transit facilities.

(27)

Birthing center: A facility licensed for the primary purpose of performing low-risk deliveries that is not a hospital or licensed as a part of a hospital where births are planned to occur away from the mother's usual residence following a low risk pregnancy.

(Ord. No. 394(2nd Ser.), § 1(11.06), 11-26-2007; Ord. No. 13(2nd Ser.), 10-28-2013; Ord. No. 43(3rd Ser.), 9-23-2019)

The City Council may, from time to time, on its own action or on petition; amend, supplement or change boundaries or regulations herein or subsequently established. No such amendment shall become effective unless it shall have been proposed by or shall have been first been submitted to the Planning and Zoning Commission for review and recommendation. The Commission shall have 45 days in which to submit its report to the City Council. If the Commission fails to submit a report within the 45-day period, it shall be deemed to have approved the proposed amendment.

(Ord. No. 394(2nd Ser.), § 1(11.31), 11-26-2007)

Every person violates this chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provisions hereof. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 394(2nd Ser.), § 1(11.99), 11-26-2007)