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Stacy City Zoning Code

PROVISIONS AFFECTING

SPECIFIC ZONING DISTRICTS

§ 153.045 R-1 SINGLE FAMILY RESIDENTIAL (LOW DENSITY).

   (A)   Purpose. The purpose of the single family district is to provide for low density, single- family detached dwellings and directly related, complimentary uses.
   (B)   Lot requirements.
      (1)   Minimum lot area:
         (a)   15,000 square feet for lots with public sewer;
         (b)   Two acres for lots without public sewer;
      (2)   Minimum lot width:
         (a)   100 feet for interior and corner lots with public sewer;
         (b)   150 feet for interior and corner lots without public sewer;
      (3)   Front yard setbacks: 25 feet;
      (4)   Rear yard setbacks: 35 feet;
      (5)   Side yard:
         (a)   10 feet interior;
         (b)   20 feet corner;
         (c)   30 feet for public and semi-public buildings abutting a residential or vacant lot;
      (6)   Height:
         (a)   Two and one-half stories or 35 feet maximum;
         (b)   50 feet maximum for nonresidential farm buildings (100% increase for church spires, water towers, and the like);
      (7)   Minimum ground floor area per dwelling: See § 153.027.
   (C)   Permitted principal uses.
      (1)   Single-family dwellings;
      (2)   Parks, public schools, and municipal buildings;
      (3)   Essential services not involving a structure;
      (4)   Personal greenhouses.
   (D)   Permitted accessory uses.
      (1)   Off-street parking spaces and garages as required in this chapter;
      (2)   Recreational vehicles and equipment;
      (3)   Swimming pools, tennis courts, and other recreational equipment for the convenience of the principle residents and their guests;
      (4)   Home occupations;
      (5)   Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment;
      (6)   Boarding or renting of rooms within principal building to not more than 1 person;
      (7)   Essential services;
      (8)   Fencing, screening and landscaping as permitted and regulated in this chapter;
      (9)   Piers and docks;
      (10)   Temporary signs not exceeding 4 square feet appertaining to lease, use or sale of premises, subject to side yard setbacks;
      (11)   Chicken/duck coops and pens as regulated in § 92.19 of this code; and
      (12)   Accessory dwelling units as regulated by § 153.035.
   (E)   Uses requiring a conditional use permit.
      (1)   Churches; golf courses, private schools, cemeteries;
      (2)   Off-street parking lots;
      (3)   Building heights exceeding those permitted heretofore when side yards shall be increased by 1 foot for each foot of building height in excess of 35 feet and the distance between 2 principal buildings shall be no less than one-half of the sum of the heights of the 2 structures;
      (4)   Planned unit developments as regulated by this chapter;
      (5)   Radio, TV, and other similar towers.
(Prior Code, § 903.01) (Am. Ord. 2001-8-1, passed - -2001; Am. Ord. 2011-11-1, passed 11-9-2011; Am. Ord. 2014-4-1, passed 5-13-2014; Am. Ord. 2016-10-2, passed 10-11-2016; Am. Ord. 2019-8-3, passed 8-13-2019; Am. Ord. 2023-12-4, passed 12-12-2023)

§ 153.046 R-2 ONE AND TWO FAMILY RESIDENTIAL (MEDIUM DENSITY).

   (A)   Purpose. The purpose of the One and Two Family Residential District is to provide for medium density housing in single-family and two-family dwellings and directly related, complimentary uses.
   (B)   Requirements.
      (1)   Minimum lot area:
         (a)   10,000 square feet for single-family dwelling lots with public sewer;
         (b)   15,000 square feet for two-family dwelling lots with public sewer;
         (c)   Two acres for single-family dwelling lots without public sewer;
         (d)   Five acres for two-family dwelling lots without public sewer;
      (2)   Minimum lot width:
         (a)   100 feet for single-family dwelling lots with public sewer;
         (b)   100 feet for two-family dwelling lots with public sewer;
         (c)   150 feet for all lots without public sewer;
      (3)   Front yard setback: 25 feet;
      (4)   Rear yard setback:   25% of the lot depth, or 25 feet, whichever is lesser;
      (5)   Side yard setback:
         (a)   10 feet interior;
         (b)   10 feet interior for buildings of two and one-half stories height or more;
         (c)   15 feet corner;
         (d)   25 feet for public and semi-public buildings abutting a residential or vacant lot;
      (6)   Height: Same as in R-1;
      (7)   Minimum ground floor area per dwelling: See § 153.027.
   (C)   Permitted principal uses.
      (1)   All uses listed as permitted uses in the R-1 District;
      (2)   Two-family dwellings;
      (3)   Duplexes as defined in this chapter.
   (D)   Permitted accessory uses. All uses listed as permitted accessory uses in the R-1 District.
   (E)   Uses requiring a conditional use permit.
      (1)   All uses listed as conditional uses in the R-1 District;
      (2)   Planned unit developments as regulated by this chapter;
      (3)   Bed and Breakfasts, tourist accommodations and associated commercial uses necessary to the operation of the use;
      (4)   Conversions of single-family dwellings into two-family dwellings, provided that:
         (a)   No existing single-family dwellings shall be converted into more than 2 dwelling units;
         (b)   Lot size shall be at least 15,000 square feet with public sewer;
         (c)   Adequate off-street parking is provided in accordance with this chapter;
         (d)   Each unit shall meet the minimum health and safety requirements as provided for in the Uniform Building Code and State Fire Code.
(Prior Code, § 903.02) (Am. Ord. 2019-8-3, passed 8-13-2019)

§ 153.047 R-3A MULTIPLE FAMILY RESIDENTIAL.

   (A)   Purpose. The purpose of the R-3A Multiple Family Residential District is to provide for high density housing in the form of townhouses.
   (B)   Requirements.
      (1)   Public sewer: all buildings and units must be serviced with public sewer;
      (2)   Minimum lot area:
         (a)   10,000 square feet for single-family dwelling lots;
         (b)   15,000 square feet for two-family or multi-family dwelling lots;
      (3)   Minimum lot area for townhouses:   5,000 square feet;
      (4)   Minimum lot width:
         (a)   100 feet for single-family dwellings;
         (b)   100 feet for structures with more than one dwelling;
      (5)   Front yard setback:   25 feet;
      (6)   Rear yard setback:   25% of lot depth or 25 feet, whichever is lesser;
      (7)   Side yard setback:
         (a)   10 feet interior;
         (b)   10 feet interior for building of 2-1/2 stories or more in height;
         (c)   15 feet corner;
         (d)   25 feet for public or semi-public building abutting a residential lot;
      (8)   Height:   3 stories or 40 feet maximum, whichever is greater;
      (9)   Minimum ground floor area per dwelling: See § 153.027.
   (C)   Permitted principal uses.
      (1)   Townhouses;
      (2)   All uses listed as permitted uses in the R-2 District;
      (3)   Residential structures containing more than one dwelling, excepting apartments.
   (D)   Permitted accessory uses. All uses listed as permitted accessory uses in the R-1 District.
   (E)   Uses requiring a conditional use permit.
      (1)   All uses listed as conditional uses in the R-1 District;
      (2)   Planned unit development as regulated by this chapter;
      (3)   Resorts and tourist accommodations;
      (4)   Clubs and lodges operating as non-profit institutions;
      (5)   Nursing homes, rest homes.
(Prior Code, § 903.03) (Am. Ord. 2004-4-2, passed - -2004; Am. Ord. 2019-8-3, passed 8-13-2019)

§ 153.048 R-3B MULTIPLE FAMILY RESIDENTIAL.

   (A)   Purpose. The purpose of the R-3B Multiple Family Residential District is to provide for high density housing in the form of apartments.
   (B)   Requirements.
      (1)   Public sewer: all buildings and units must be serviced by public sewer.
      (2)   Minimum lot area:
         (a)   10,000 square feet for single-family dwelling lots;
         (b)   15,000 square feet for two-family or multi-family dwelling lots;
      (3)   Minimum lot area per unit for multi-family dwellings:
         (a)   2,000 square feet per efficiency unit;
         (b)   2,500 square feet per one bedroom unit;
         (c)   3,000 square feet per unit of two bedrooms or more;
      (4)   Minimum lot width:
         (a)   100 feet for single-family dwellings;
         (b)   100 feet for structures with more than one dwelling.
      (5)   Front yard setback:   25 feet.
      (6)   Rear yard setback:   25% of lot depth, or 25 feet, whichever is lesser.
      (7)   Side yard setback:
         (a)   10 feet interior;
         (b)   10 feet interior for building of 2-1/2 stories or more in height;
         (c)   15 feet corner;
         (d)   25 feet for public or semi-public building abutting a residential lot.
      (8)   Height:   3 stories or 40 feet maximum, whichever is greater.
      (9)   Minimum ground floor area per dwelling: See § 153.027.
   (C)   Permitted principal uses.
      (1)   Apartments;
      (2)   All uses listed as permitted uses in the R-3A District;
      (3)   Residential structures containing more than one dwelling.
   (D)   Permitted accessory uses. All uses listed as permitted accessory uses in the R-1 District.
   (E)   Uses requiring a conditional use permit.
      (1)   All uses listed as conditional uses in the R-1 District;
      (2)   Planned unit development as regulated by this chapter;
      (3)   Resorts and tourist accommodations;
      (4)   Clubs and lodges operating as non-profit institutions;
      (5)   Nursing homes, rest homes.
(Ord. 2004-4-2, passed - -2004; Am. Ord. 2019-8-3, passed 8-13-2019)

§ 153.049 R-M MANUFACTURED HOME PARK DISTRICT.

   (A)   Purpose. The purpose of the R-M Manufactured Home Park District is to provide for manufactured home uses in an appropriate, safe, sanitary and attractive environment.
   (B)   Permitted principal uses. Manufactured homes in manufactured home parks.
   (C)   Permitted accessory uses.
      (1)   Off-street private parking facilities;
      (2)   Recreational vehicles and equipment;
      (3)   Swimming pools, tennis courts, and other recreational facilities;
      (4)   Fencing, screening, and landscaping, according to this chapter;
      (5)   Tool houses, sheds, and similar storage buildings;
      (6)   Central office and central community buildings of manufactured home park.
      (7)   Private garage.
   (D)   Uses requiring a conditional use permit. Indoor mini-storage facilities and outside storage. Facilities for indoor mini-storage facilities and outdoor storage shall be constructed, owned, and operated only by the manufactured home park owner, and shall be rented and used only by current manufactured home park residents. An application by the manufactured home park owner for a conditional use permit to construct and operate mini-storage units shall comply with the following conditions:
      (1)   The property owner shall submit a water runoff drainage plan, which shall be subject to approval by the City Engineer and shall comply with all details of the plan.
      (2)   A secure fence shall be installed around the perimeter of the outside storage area, and shall comply with the requirements of the fencing regulations in the city code for this district.
      (3)   No hazardous material storage shall be allowed on the property.
      (4)   A dust control plan shall be submitted, which shall be subject to the approval of the City Engineer.
      (5)   A lighting plan shall be submitted, which shall be subject to approval by the City Engineer.
      (6)   The use shall comply with the requirements of the nuisance ordinance and all other city code provisions.
      (7)   No motor repair or body work shall take place in the mini-storage units.
      (8)   Structure must be bent of a concrete foundation or built on a concrete slab.
      (9)   Building materials shall be consistent with other buildings.
   (E)   Detached accessory building setback requirements. Private garages shall be constructed with fire-resistant materials and shall be located not less than 10 feet from the primary residential structure on a lot, including any attachments, and not less than 10 feet from any structure on an adjacent lot.
   (F)   General provisions. No manufactured home for residential purposes, or accessory uses or structures, shall be permitted within any manufactured home park unless the manufactured home park is or has been approved by the Minnesota Department of Administration in accordance with applicable state statutes and rules.
      (1)   Manufactured homes shall not be used for residential purposes in the city if they:
         (a)   Are in an unsanitary condition or have an exterior in bad repair;
         (b)   Are structurally unsound and do not protect the inhabitants against all elements;
         (c)   Do not have adequate sewage facilities as required by the City Council in accordance with regulations.
      (2)   No tents shall be used for other than recreational purposes in a manufactured home park.
      (3)   Access to manufactured home parks shall be as approved by the City Council.
      (4)   The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection.
      (5)   If the provisions of this section are less restrictive than state statutes or rules relating to manufactured home parks, then the applicable state statutes and rules shall control.
   (F)   Conflicts. Nothing contained in this section shall be construed to prohibit manufactured homes in other residential districts when the manufactured home complies in all respects with all applicable regulations of the particular zoning district.
(Prior Code, § 903.04) (Am. Ord. 2013-5-2, passed 5-14-2013)

§ 153.050 CBD CENTRAL BUSINESS DISTRICT.

   (A)   Purpose. This district is designed and intended as a specialized district directed to serve the pedestrian in a compact area of the city. The CBD will provide for a high density shopping and business environment, especially stressing due pedestrian function and interaction of people and businesses, rather than being heavily oriented toward due use of automobiles.
   (B)   General requirements.
      (1)   All buildings shall be serviced by public utilities unless otherwise approved by the City Council.
      (2)   There shall be no minimum required lot area or frontage.
      (3)   There shall be no minimum required setbacks, except when abutting residentially zoned property where there shall be:
         (a)   Side yard setback abutting residential property of not less than 10 feet;
         (b)   Rear yard setback abutting an R District of not less than 10 feet.
      (4)   Properties may also be subject to the requirements of the Shoreland Overlay District, § 153.054.
   (C)   Special requirements.
      (1)   Every use, unless expressly exempted by this chapter or allowed by a conditional use permit, shall operate in its entirety within a completely enclosed structure.
      (2)   All flashing, revolving, and intermittently lit signs are expressly prohibited.
      (3)   Marquees and canopies may project to within not more than 2 feet of the curb of the street, provided the base of any such marquee or canopy is at least 12 feet above the grade of the sidewalk.
   (D)   Permitted principal uses. The following are permitted uses:
      (1)   Antique store;
      (2)   Apparel and accessory store;
      (3)   Appliance store, sales and service;
      (4)   Art gallery;
      (5)   Artist studio or school;
      (6)   Bakery retail;
      (7)   Barbershop;
      (8)   Beauty shop;
      (9)   Bookstore;
      (10)   Business machine store;
      (11)   Camera and photographic supply store;
      (12)   Candy, ice cream and confectionary store;
      (13)   Caterer;
      (14)   Clinic, dental or medical; but not animal clinic or hospital;
      (15)   Computer store;
      (16)   Copy retail;
      (17)   Dance studio;
      (18)   Delicatessen store;
      (19)   Department store;
      (20)   Discount store;
      (21)   Dressmaking, seamstress;
      (22)   Drugstore;
      (23)   Financial institutions; drive-in facilities;
      (24)   Floral sales;
      (25)   Garden supplies store; nursery; truck garden;
      (26)   Gift, novelty or souvenir store;
      (27)   Hardware store;
      (28)   Health equipment store;
      (29)   Interior decorator;
      (30)   Jewelry store;
      (31)   Library;
      (32)   Liquor store or tavern;
      (33)   Locksmith;
      (34)   Luggage store;
      (35)   Music store, accessories and studio;
      (36)   Newsstand;
      (37)   Office of any type;
      (38)   Optician;
      (39)   Optical goods;
      (40)   Paint and wallpaper stores;
      (41)   Photographic studio or picture processing;
      (42)   Restaurants;
      (43)   Shoe repair shop;
      (44)   Sporting goods shop;
      (45)   Stationery stores;
      (46)   Tailor;
      (47)   Theatrical studio;
      (48)   Ticket agency;
      (49)   Toy store;
      (50)   Travel bureau or agency;
      (51)   Variety store;
      (52)   Existing single-family detached dwellings, subject to lot requirements and accessory uses under § 153.045;
      (53)   Pet grooming;
      (54)   Licensed tattoo shop; and
      (55)   Massage therapy, between the hours of 7:00 a.m. and 9:00 p.m.
   (E)   Permitted accessory uses.
      (1)   Off-street parking and loading spaces.
      (2)   Business signs as per §§ 153.090 et seq.
   (F)   Uses requiring a conditional use permit.
      (1)   Automobile dealership and auto service use.
      (2)   Gas stations, service stations; convenient stores.
      (3)   Drive-in establishments not specifically permitted as a principal use.
      (4)   Public garage.
      (5)   Other commercial uses determined by the Planning Commission to be of the same general character as the permitted uses above and found not to be detrimental to the general public health and welfare.
      (6)   Day care - group nursery.
      (7)   Accessory buildings in compliance with § 153.031.
   (G)   Screening.
      (1)   Dumpsters and/or trash/recycling receptacles shall be stored inside the principal structure or if outside shall only be located on a non-street side of the building, except for during trash pickup time.
      (2)   Any dumpsters and/or trash/recycling receptacles located along a street side shall be screened by a wall of at least 6 feet in height which matches the material, design and color of the principal building or stored within an accessory structure constructed of building materials compatible with the principal structure, and readily served through swinging doors or an overhead door on tracks. Storage containers must have covers or enclosure has to have a roof.
      (3)   All rooftop mechanical equipment greater than 3 feet in height must be screened from view by a method which matches that material, design and color of the building upon which it is located.
   (H)   Building design standards.
      (1)   Quality. Buildings shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the abutting properties.
      (2)   Exterior finishes. The following materials are permitted for exterior finishes:
         (a)   Face brick;
         (b)   Natural stone;
         (c)   Stone or glass curtain walls;
         (d)   Wood, provided surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress;
         (e)   Break-off block;
         (f)   Stucco; and
         (g)   Precast concrete and integral colored concrete block, provided surfaces are molded, serrated or treated with a textured material to create a 3-dimensional character.
         (h)   Curtain wall panels of steel, metal, or aluminum provided the panels are factory fabricated and of a high-quality material with a matte or non-lustre finish. These structures will require decorative design elements as approved by the City Council.
      (3)   Prohibited materials. The following materials are prohibited for exterior finishes:
         (a)   Temporary construction.
   (I)   Outdoor lighting.
      (1)   A lighting plan, showing how the site meets all lighting requirements must be submitted at the time of building permit.
      (2)   Intensity.
         (a)   Lighting shall not exceed more than 1 foot candles of light where residential zoning abuts and no more than 15 foot candles of light where other property abuts, when measured at eye level from the property line and aimed at the light source.
         (b)   In parking areas and walkways, downward focused lighting shall be provided by cutoff type luminaries with no more than 10% of light output above the horizontal plane through the light source.
      (3)   Height. Light fixtures and freestanding luminaries shall not exceed 20 feet or extend above the roofline of the principal building, whichever is less.
      (4)   Accent lighting. Accent lighting used to highlight selected landscape or architectural features shall be permitted provided the light source is shielded to aim directly at the area of focus.
(Ord. 2021-8-3, passed 8-10-2021)

§ 153.051 GB GENERAL BUSINESS DISTRICT.

   (A)   Purpose. The General Business District is designed and intended to promote the development of uses which are oriented towards motorists and require high volumes of traffic and visibility from major roads. The district is also designed to accommodate those commercial activities which are not permitted within the CB, Central Business District, and whose service is not confined to any 1 neighborhood or community but is more regional in nature.
   (B)   Permitted uses. All businesses shall be serviced by public utilities unless otherwise approved by the City Council.
      (1)   All uses listed as permitted in the Central Business District;
      (2)   Banks, savings and loans and other financial institutions (without drive-through);
      (3)   Commercial recreation and entertainment;
      (4)   Funeral homes/mortuaries;
      (5)   Government buildings;
      (6)   Health clubs or gyms;
      (7)   Hotels and motels;
      (8)   Hospitals, nursing homes, and the like;
      (9)   Liquor, off-sale/on-sale;
      (10)   Offices;
      (11)   Public and private clubs and lodges;
      (12)   Restaurants (without drive-through);
      (13)   Larger retail and service uses without drive-throughs, including the following and similar-type uses:
         (a)   Ambulance services;
         (b)   Appliance stores;
         (c)   Department stores;
         (d)   Drug stores;
         (e)   Furniture stores;
         (f)   Garden supplies and landscape nurseries;
         (g)   Grocery stores;
         (h)   Hardware stores;
         (i)   Office supply stores;
         (j)   Sporting goods stores;
         (k)   Dry cleaning (without processing); and
         (l)   Laundromats.
      (14)   Existing single-family detached dwellings, subject to lot requirements and accessory uses under § 153.045.
      (15)   Brew pub.
   (C)   Accessory uses.
      (1)   Off-street parking as regulated by §§ 153.110 et seq.
      (2)   Towers and antennas as regulated by §§ 153.155 et seq.
      (3)   Signs as regulated by §§ 153.090 et seq.
      (4)   Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with city and state requirements.
   (D)   Conditional uses. The following are conditional uses, subject to § 153.189 and the specific standards and criteria that may be cited below for a specific use:
      (1)   Any building with a height over 35 feet, subject to § 153.030.
      (2)   Businesses with drive-through facilities, subject to the following:
         (a)   The business shall be located on a site with direct access to a minor arterial or collector road.
         (b)   All portions of the drive-through facilities, including but not limited to the service windows and stacking spaces, shall be separated from residentially zoned or guided property by an arterial or collector street or shall be set back at least 200 feet from residentially zoned or guided property.
         (c)   The public address or order system shall not be audible from any adjacent residentially zoned or guided property.
         (d)   Businesses with 1 drive-through lane shall provide stacking space for at least 10 vehicles, and businesses with 2 or more drive-through lanes shall provide stacking space for at least 6 vehicles per lane, as measured from and including the last pick-up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation.
         (e)   The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections.
         (f)   All elements of the drive-through service area, including but not limited to menu boards, order stations, teller windows, and vehicle lights from the stacking lanes, shall be screened from adjacent residentially zoned or guided property pursuant to this section.
         (g)   Restaurants with drive-through facilities shall be responsible for litter control within 300 feet of the premises. Litter control is to occur on a daily basis. Trash receptacles must be provided at convenient locations on site to facilitate litter control.
      (3)   Car washes, subject to the following:
         (a)   The site shall provide stacking space for the car wash. The amount of stacking space shall take into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation.
         (b)   The exit from the car wash shall have a drainage system which is subject to the approval of the city and gives special consideration to the prevention of ice build-up during winter months.
      (4)   Dry cleaning; processing.
      (5)   Mini-storage facilities, subject to the following:
         (a)   Buildings must be constructed of tip-up or block concrete or other approved material per division (F) of this section. All block shall be split face and integral colored.
         (b)   Exterior storage shall be limited to no more than 25% of the total lot area. Areas intended for outside storage must be identified on the site plan.
         (c)   The buildings shall be an earth-tone color, such as sage, beige, cream-white or light grey.
      (6)   Motor fuel station, subject to the following:
         (a)   That the approximate area and location of space devoted to non-automotive merchandise sales shall be specified in the application and in the conditional use permit.
         (b)   The off-street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.
         (c)   Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps while in use. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands.
         (d)   All buildings, canopies, and pump islands shall be located to comply with the minimum setback requirements.
         (e)   All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a 90-degree cutoff.
         (f)   The operation shall be responsible for litter control within 300 feet of the premises. Litter control is to occur on a daily basis. Trash receptacles must be provided at convenient locations on site to facilitate litter control.
      (7)   Motor vehicle, boat or equipment service stations and repair garages, subject to the following:
         (a)   All servicing of vehicles and equipment shall occur entirely within the principal structure.
         (b)   To the extent required by state law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulated matter.
         (c)   Storage and use of all flammable materials, including liquid and rags, shall conform to applicable provisions of the Minnesota Uniform Fire Code.
         (d)   Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the city and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.
         (e)   The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
      (8)   Motor vehicle, boats and equipment sales, subject to the following:
         (a)   All sales shall occur on 1 lot.
         (b)   Parking areas for the outside storage and sale of vehicles, boats and trailers, shall be on impervious surface, either bituminous, concrete, or approved equivalent.
         (c)   Interior concrete curbs shall be constructed within the property to separate driving and parking areas from landscaped areas.
         (d)   All areas of the property not devoted to buildings or parking areas shall be landscaped in accordance with this section.
         (e)   The required off-street parking for customers and employees shall be designated on the site plan and located close to the sales building.
         (f)   Each space used as parking for a “for sale” motor vehicle, boat, or trailer shall not be less than 9 feet wide by 18.5 feet in length.
         (g)   Display of motor vehicles, boats, and trailers for sale off the property of the owner is prohibited unless authorized by conditional use permit.
      (9)   Accessory buildings in compliance with § 153.031.
      (10)   Parking garages and ramps, subject to the following:
         (a)   To avoid excessive site coverage, off-street parking requirements may be furnished by providing fee-free space underground, within the principal building or structures, or attached thereto.
         (b)   Parking ramps and garages shall be set back from lot lines as required for the principal building on the lot, or as required for parking spaces specified by this section, whichever is greater.
         (c)   Off-street parking ramps and garages shall be designed in compliance with the applicable dimensional requirements except the City Council may approve a variation from standard dimensions for a portion of the stalls to be designated as compact spaces.
         (d)   Parking ramps and garages shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot upon the property being serviced and does not depend upon a public street or alley. A parking area design that requires backing into the public street is prohibited.
         (e)   The grade elevation of the required parking area or portion thereof shall not exceed 5%.
      (11)   Planned unit developments, as regulated by § 153.055.
      (12)   Seasonal outdoor sales, subject to the following:
         (a)   Seasonal outdoor retail sales shall not exceed a combined total of 120 days in any 12-month period. Outdoor retail sales shall not occupy more than 10% of a lot’s area, and shall meet all yard setback requirements.
         (b)   Where seasonal outdoor retail sales are conducted in a parking lot, they shall be confined to a defined area, and not be allowed to obstruct access of emergency vehicles or pose a traffic safety problem. Temporary fencing or other suitable mechanisms shall be used to delineate the sales area and provide for pedestrian safety.
         (c)   Where tents, trailers, temporary greenhouses, or similar structures are used to store, and/or display merchandise, they shall be anchored to provide a wind-load resistance of 40 miles per hour.
         (d)   Any tent, trailer, temporary greenhouse or similar structure must be locked and secured outside of business hours.
      (13)   Day care - group nursery.
   (E)   Lot requirements.
      (1)   The following minimum requirements shall be met in the GB District:
Minimum lot size
40,000 square feet
Minimum lot width
150 feet
Minimum lot depth
100 feet
Structure setbacks:
   Front
25 feet or in conformance with surrounding area
   Side
10 feet
   Rear
10 feet
   Side or rear from street
20 feet
   From residential
30 feet
Maximum building height
35 feet
 
      (2)   Properties may also be subject to the requirements of the Shoreland Overlay District, § 153.054.
   (F)   Building design standards.
      (1)   Quality. Buildings shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the abutting properties.
      (2)   Exterior finishes. The following materials are permitted for exterior finishes:
         (a)   Face brick;
         (b)   Natural stone;
         (c)   Stone or glass curtain walls;
         (d)   Wood, provided surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress;
         (e)   Break-off block;
         (f)   Stucco; and
         (g)   Precast concrete and integral colored concrete block, provided surfaces are molded, serrated or treated with a textured material to create a 3-dimensional character.
         (h)   Curtain wall panels of steel, metal, or aluminum provided the panels are factory fabricated and of a high-quality material with a matte or non-lustre finish. These structures will require decorative design elements as approved by the City Council.
      (3)   Prohibited materials. The following materials are prohibited for exterior finishes:
         (a)   Face material that rapidly deteriorate or become unsightly such as exposed cinder blocks, galvanized metal, unfinished tile, and common clay brick.
      (4)   Building construction prohibited.
         (a)   Temporary construction.
   (G)   Landscape standards.
      (1)   A landscape plan, showing how the site meets all landscape requirements must be submitted at the time of building permit. The plan shall include all landscaping, screening and erosion control plans and shall be prepared and signed by a registered landscape architect or professional site planner with educational training or work experience in land analysis and site plan preparation. At a minimum, the plans shall include the following:
         (a)   A detailed land analysis including existing vegetation, soil types, topography and all man-made features.
         (b)   Details of proposed vegetative landscaping materials including placement, Latin name, common name, caliper/height and quantity.
         (c)   Details of proposed non-vegetative landscaping and screening materials.
         (d)   Details of proposed erosion control methods.
         (e)   Planting and construction schedule for completion of landscaping and screening plans.
      (2)   There shall be a minimum of 10% green space on every lot.
      (3)   A minimum of 1 deciduous and 1 coniferous tree for every 25,000 square feet, or fraction thereof, of lot area.
      (4)   Properties are also subject to the erosion control standards requirements of § 153.086.
   (H)   Landscaping security.
      (1)   The owner shall file with the City Clerk security in the form of a letter of credit or cash deposit as determined by the City Council, to ensure that the landscaping, screening and erosion control work is done pursuant to the landscaping plan within the time schedule, and to ensure that the vegetative materials used in any landscaping, screening or erosion control work that die within 2 complete growing seasons are replaced.
      (2)   The security shall be in a amount determined by the City Council, but shall be at least equal to the amount estimated to be the cost of completing the required landscaping, screening and erosion control measures and not to exceed twice such amount.
      (3)   Where such landscaping, screening and erosion control measures do not include the use of vegetative materials, the security shall be in force until such landscaping; screening or erosion control measures have been completed and approved by the City Council. Where such landscaping, screening and erosion control measures do include the use of vegetative materials, the security shall be in force for at least the next 2 complete growing seasons, subsequent to the completion and approval of such landscaping; screening or erosion control measures have been completed and approved by the City Council.
      (4)   Upon completion of the landscaping, screening and erosion control work, the security will be reduced to an amount determined adequate to replace vegetative material that may die within 2 complete growing seasons.
      (5)   Such security shall be filed with the City Clerk before a building permit can be issued.
   (I)   Screening.
      (1)   On any property line that abuts a residential parcel, screening of at least 6 feet in height shall provide a minimum of 80% opacity year-round.
      (2)   Screening shall be installed so as to block direct vision, and shall consist of 1 or a combination of the following:
         (a)   A compact evergreen or deciduous hedge and over and understory trees in a buffer strip at least 10 feet in width. At planting, hedge material must be at least 2.5 feet in height.
         (b)   A fence or wall in conjunction with landscaping. With this combination the required width of the buffer strip may be reduced to 5 feet.
         (c)   Earth berms - not to exceed a 3:1 slope or 4 feet in height.
      (3)   Chain link fencing is allowed only in combination with screening. Plastic or vinyl inserts are prohibited.
      (4)   Dumpsters and/or trash/recycling receptacles shall be stored inside the principal structure or if outside shall only be located on a non-street side of the building, except for during trash pickup time.
      (5)   Any dumpsters and/or trash/recycling receptacles located along a street side shall be screened by a wall of at least 6 feet in height which matches the material, design and color of the principal building or stored within an accessory structure constructed of building materials compatible with the principal structure, and readily served through swinging doors or an overhead door on tracks. Storage containers must have covers or enclosure has to have a roof.
      (6)   All rooftop mechanical equipment greater than 3 feet in height must be screened from view by a method which matches that material, design and color of the building upon which it is located.
   (J)   Parking and loading spaces.
      (1)   Loading docks are not permitted in front yards.
      (2)   Properties are also subject to the requirements of “Off-Street Parking and Loading,” §§ 153.110 et seq.
   (K)   Outdoor lighting.
      (1)   A lighting plan, showing how the site meets all lighting requirements must be submitted at the time of site plan submittal.
      (2)   Intensity.
         (a)   No more than 0.5 foot candles of light where residential zoning abuts and no more than 1.0 foot candles of light where other zoning abuts shall be allowed at the property line, when measured at eye level and aimed at the light source.
         (b)   In parking areas and walkways, downward focused lighting shall be provided by cutoff type luminaries with no more than 10% of light output above the horizontal plane through the light source.
      (3)   Height. Light fixtures and freestanding luminaries shall not exceed 20 feet or extend above the roofline of the principal building, whichever is less.
      (4)   Accent lighting. Accent lighting used to highlight selected landscape or architectural features shall be permitted provided the light source is shielded to aim directly at the area of focus.
NOT TO SCALE
(Ord. 2021-8-4, passed 8-10-2021; Am. Ord. 2022-5-11, passed 5-10-2022; Am. Ord. 2023-1-2, passed 1-10-2023; Am. Ord. 2024-7-1, passed 7-9-2024)

§ 153.052 I INDUSTRIAL DISTRICT.

   (A)   Purpose. To provide an attractive, high quality light industrial park primarily for manufacturing and assembly, warehousing and limited retail uses in developments which provide a harmonious transition to residential development and neighborhoods by:
      (1)   Conducting essentially all business activities inside buildings.
      (2)   Consisting of high quality and attractive buildings which blend in with the environment.
      (3)   Providing open space and quality landscaping which achieve a park like setting.
      (4)   Screening of parking, loading docks, and other similar functions.
   (B)   Permitted uses.
      (1)   Light industrial uses that are low impact and advanced technology uses which produce little or no noise, odor, vibration, glare, or other objectionable influences as defined in the city code, and which have little or no adverse effect on surrounding properties when manufacturing or assembling a wide variety of products. Light industrial uses do not include processing outside of an enclosed structure.
      (2)   Shops and offices for contractors and trades, including general, electrical, plumbing, automotive repair, heating and ventilating, landscape and excavating, and businesses that support them.
      (3)   Offices, warehouses, and distribution facilities, including office warehouses and office showrooms.
      (4)   Sports and recreation facilities including ice arena.
   (C)   Permitted accessory uses.
      (1)   Radio and television receiving antennas include single satellite dish TVROs 2 meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations, and television receivers, as regulated by the city code.
      (2)   Accessory and secondary use antennas as regulated by the city code.
      (3)   Personal wireless service antennas and antenna support structures located on a structure as regulated by the city code.
   (D)   Conditional uses. The following are conditional uses in the LI District and require a conditional use permit following the procedures of this section:
      (1)   Retail uses.
      (2)   Outside storage.
      (3)   Private water supply system pursuant to § 51.11(C).
   (E)   Lot requirements, setbacks, and outside storage. The following minimum requirements shall be observed in the LI District subject to the additional requirements, exceptions, and modifications set forth in this section:
      (1)   Minimum lot area:   20, 000 square feet.
      (2)   Minimum lot width:   100 feet.
      (3)   Building setbacks:   Each building in the LI District shall have the following minimum setbacks from the property line:
         (a)   Front yard:      50 feet; FRONT is defined as the side of the building facing the street. On corner lots, the front side is defined as the side having the building’s address.
         (b)   Side yard:      20 feet when the side faces the exterior of the park; 10 feet when the side faces the interior of the park; 30 feet when the side abuts a street or residential area.
         (c)   Rear yard:      20 feet; 30 feet when the rear abuts a street.
      (4)   Maximum building height shall be 35 feet.
      (5)   Properties may also be subject to the requirements of the Shoreland Overlay District, § 153.054.
      (6)   Conditions on outside storage of material or finished product.
         (a)   Outside storage of materials or finished product may not exceed 40% of the area of a lot that is 5 or more acres.
         (b)   Outside storage of materials or finished product may not exceed 75% of the footprint of the building on lots smaller than 5 acres and may never exceed 40% of the area of the lot.
         (c)   All outside storage shall be screened from view by dense vegetative screening or other approved screening method.
         (d)   All outside storage areas shall be completely surfaced with asphalt or concrete and be surrounded by perimeter concrete curbing.
         (e)   Storage must be located to the rear or side of the principal building on the site.
         (f)   Chain link fencing is allowed along with screening. Plastic or vinyl inserts are prohibited.
         (g)   No outside processing of materials or repair is permitted.
         (h)   All refuse containers, if not located within a building, shall be completely enclosed to shield the view of the containers from all sides and any container shall not be closer than 5 feet to any structure or building overhang. The location of any outside storage shall be identified on the site plan.
   (F)   Building design standards.
      (1)   Quality. Buildings shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the abutting properties.
      (2)   Exterior finishes. The following materials are permitted for exterior finishes:
         (a)   Face brick;
         (b)   Natural stone;
         (c)   Stone or glass curtain walls;
         (d)   Wood, provided surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress;
         (e)   Break-off block;
         (f)   Stucco; and
         (g)   Precast concrete and integral colored concrete block, provided surfaces are molded, serrated or treated with a textured material to create a 3-dimensional character.
         (h)   Curtain wall panels of steel, metal, or aluminum provided the panels are factory fabricated and of a high-quality material with a matte or non-lustre finish. These structures will require decorative design elements as approved by the City Council.
      (3)   Prohibited materials. The following materials are prohibited for exterior finishes:
         (a)   Face material that rapidly deteriorate or become unsightly such as exposed cinder blocks, galvanized metal, unfinished tile, and common clay brick.
         (b)   Structures that have only an outside skin.
      (4)   Building construction prohibited.
         (a)   Temporary construction.
      (5)   Loading and unloading.
         (a)   Each building or structure in the LI District shall be so located on the lot it occupies to allow off- street loading and unloading. The use of the street for loading or unloading is prohibited.
         (b)   No loading docks shall be located to the front of any building in the LI District.
         (c)   No loading or unloading shall take place in front of any building in the LI District.
   (G)   Landscaping standards and requirements.
      (1)   Landscaping shall be required for all areas within the LI District. There shall be a minimum of 20% green space required on every lot.
      (2)   Landscaping shall consist of trees, shrubs, planted ground cover and other vegetative material. All proposed deciduous trees shall be a minimum of 2-1/2 caliper inches measured 2 feet off the ground and all coniferous trees shall be a minimum of 6 feet in height at time of planting. Acceptable trees are listed in the city code.
      (3)   A minimum of 2 trees shall be required for every 20,000 square feet (or fraction of that) of lot area.
      (4)   Ornamental non-vegetative landscaping material may be used in addition to vegetative materials not withstanding the above requirements.
      (5)   All developed uses shall provide a landscaped yard along all streets. This yard shall be at least 10 feet deep, measured from the street right-of-way line. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, the yard shall extend along the entire frontage of the lot and along both streets in the case of a comer lot. Each side yard shall have a minimum of 10 feet and each rear yard shall have a minimum of 20 feet of landscaped area measured off the property line.
      (6)   All required landscaped yards and boulevards not otherwise devoted to drives, sidewalks or trails shall be sodded.
      (7)   All open areas of any site, lot or parcel not otherwise improved shall be graded to provide adequate drainage and shall be landscaped. Such landscaping shall conform to the landscaping plan approved by the city at the time the building permit was issued.
      (8)   No earth mounds shall be higher than 4 feet in height.
      (9)   It shall be the responsibility of the owner to see that the landscaping is maintained in an attractive and well kept condition, and to replace any landscaping that dies.
      (10)   Unless otherwise required in this division (G), all other landscaping provisions of the city code must be met.
      (11)   Turf must be established by the use of sod on all lots within 60 days, excluding the time between October 1 and May 1, of issuance of a certificate of occupancy.
   (H)   Screening standards and requirements.
      (1)    Screening shall be installed so as to block direct vision. It shall consist of 1 or more of the following:
         (a)   A fence or wall not less than 5 feet high, but not extending within 15 feet of any street.
         (b)   Compact evergreen or deciduous hedge and over and under story trees in a buffer strip at least 10 feet in width. At planting, hedge material must be at least 2-1/2 feet in height and deciduous trees must be at least 5 feet in height with a minimum of 2-1/2 caliper inches measured 2 feet off the ground. Coniferous trees must be at least 6 feet in height.
         (c)   Earth berms.
      (2)   The screening shall be placed along property lines or in the case of screening along a street, 15 feet from the street right-of way line.
      (3)   Where any lot is adjacent to property developed for residential use, the owner shall provide screening along the boundary of the residential property.
      (4)   Where any off-street parking area contains more than 4 parking spaces, partial screening with vegetation and/or berms shall be placed on any side adjoining a residential use or a public street.
      (5)   All loading docks shall be screened from view on the property’s street frontages or from the districts boundary by a wall, earth berms or plant material or a combination of these at least 5 feet in height. Such walls shall be designed to be harmonious with the structure having the loading dock.
      (6)   All mechanical equipment located around the perimeter of a structure shall be screened.
      (7) Dumpsters and/or trash/recycling receptacles shall be stored inside the principal structure or if outside shall only be located on a non-street side of the building, except for during trash pickup time.
      (8)   Any dumpsters and/or trash/recycling receptacles located along a street side shall be screened by a wall of at least 6 feet in height which matches the material, design and color of the principal building or stored within an accessory structure constructed of building materials compatible with the principal structure, and readily served through swinging doors or an overhead door on tracks. Storage containers must have covers or enclosure has to have a roof.
      (9)   All exterior storage shall be screened from view with exception of:
         (a)   Merchandise being displayed.
         (b)   Materials and equipment being used for construction on premises.
      (10)   Screening devices shall be included in the site and/or landscaping plans.
      (11)   Unless otherwise required in this division (H), all other screening provisions of the city code must be met.
   (I)   Landscaping and screening plan.
      (1)   Complete landscaping, screening and erosion control plans shall be prepared and signed by a landscape architect or professional site planner with educational training or work experience in land analysis and site plan preparation. These plans shall include:
         (a)   Detailed natural land analysis including vegetation, soil types and slopes.
         (b)   Manmade features.
         (c)   Details of all proposed vegetative landscaping materials including placement, Latin name, common name, caliper/height and quantity.
         (d)   Details of proposed non-vegetative landscaping and screening materials.
         (e)   Planting and construction schedule for completion of landscaping and screening plans.
      (2)   The final landscaping and screening plan must be approved by the City Council at the time of site plan review.
   (J)   Landscaping security.
      (1)   The owner shall file with the City Clerk security in the form of a letter of credit or cash deposit as determined by the City Council, to ensure that the landscaping, screening and erosion control work is done pursuant to the landscaping plan within the time schedule, and to ensure that the vegetative materials used in any landscaping, screening or erosion control work that die within 2 complete growing seasons are replaced.
      (2)   The security shall be in an amount determined by the City Council, but shall be at least equal to the amount estimated to be the cost of completing the required landscaping, screening and erosion control measures and not to exceed twice such amount.
      (3)   Where such landscaping, screening and erosion control measures do not include the use of vegetative materials, the security shall be in force until such landscaping; screening or erosion control measures have been completed and approved by the City Council. Where such landscaping, screening and erosion control measures do include the use of vegetative materials, the security shall be in force for at least the next 2 complete growing seasons, subsequent to the completion and approval of such landscaping; screening or erosion control measures have been completed and approved by the City Council.
      (4)   Upon completion of the landscaping, screening and erosion control work, the security will be reduced to an amount determined adequate to replace vegetative material that may die within 2 complete growing seasons.
      (5)   Such security shall be filed with the City Clerk before a building permit can be issued.
   (K)   Outdoor lighting.
      (1)   A lighting plan, showing how the site meets all lighting requirements must be submitted at the time of site plan submittal.
      (2)   Intensity.
         (a)   No more than 0.5 foot candles of light where residential zoning abuts and no more than 1.0 foot candles of light where other zoning abuts shall be allowed at the property line, when measured at eye level and aimed at the light source.
         (b)   In parking areas and walkways, downward focused lighting shall be provided by cutoff type luminaries with no more than 10% of light output above the horizontal plane through the light source.
      (3)   Height. Light fixtures and freestanding luminaries shall not exceed 20 feet or extend above the roofline of the principal building, whichever is less.
      (4)   Accent lighting. Accent lighting used to highlight selected landscape or architectural features shall be permitted provided the light source is shielded to aim directly at the area of focus.
(Ord. 2021-8-5, passed 8-10-2021)

§ 153.053 LI LIGHT INDUSTRIAL DISTRICT.

   (A)   Purpose. The I Industrial District is established to provide exemplary standards of development for industrial areas, to ensure compatibility with other land uses and to provide for industrial employment opportunities for residents of the community.
   (B)   Requirements.
      (1)   Minimum lot area:      13,000 square feet;
      (2)   Minimum lot width:      100 feet;
      (3)   Front yard setback:      25 feet; when abutting residentially zoned property, the front yard setback shall conform to the established front yard setback in the block;
      (4)   Rear yard setback:      25 feet; when abutting residentially zoned property, the rear yard setback shall be 30 feet, and no storage or parking of vehicles shall be permitted within 10 feet of the rear lot line. There shall be a 10 foot (minimum) landscaped buffer strip along the rear lot line.
      (5)   Side yard setback:      10 feet interior; 15 feet when abutting a residentially zoned lot; 15 feet corner.
   (C)   No unenclosed use. All manufacturing or processing shall be conducted completely within enclosed buildings.
   (D)   Landscaping. Substantial landscaping and screening shall be installed and maintained on industrial sites adjacent to residential districts to effectively separate the uses and promote the public health, safety and welfare.
   (E)   Permitted principal uses. Some may require a conditional use permit.
      (1)   Art equipment supplies - manufacture.
      (2)   Bags, boxes and paper containers, manufacturing and storage.
      (3)   Bakery products.
      (4)   Bottling establishments.
      (5)   Bland books, loose-leaf binders - fabrication and assembly.
      (6)   Books and bookbinding.
      (7)   Cabinet and woodworking establishments.
      (8)   Clothing manufacture.
      (9)   Camera and photographic manufacturing.
      (10)   Cold storage plants, locker plants.
      (11)   Commercial printing, publishing, engraving and reproduction firms.
      (12)   Confectionery and related products, manufacture and packaging.
      (13)   Creameries, milk stations, bottling works.
      (14)   Dental instruments and supplies.
      (15)   Dry cleaning and dying establishments.
      (16)   Electric lighting and wiring equipment - manufacture.
      (17)   Electric measuring and testing equipment - manufacture.
      (18)   Electronic tubes and other components - manufacture.
      (19)   Electrical products and appliances - manufacture and assembly.
      (20)   Express and hauling stations.
      (21)   Grain and seed elevators.
      (22)   Hand and edge tools - manufacture and assembly.
      (23)   Ice plants and ice cream plants.
      (24)   Jewelry manufacture.
      (25)   Laboratory instruments and associated equipment, scientific, and testing.
      (26)   Laundries.
      (27)   Luggage, handbags, and similar items - manufacture and assembly.
      (28)   Lumber yards.
      (29)   Mail order houses.
      (30)   Medical and surgical instruments and supplies.
      (31)   Newspaper plants and offices.
      (32)   Office furniture and supplies.
      (33)   Optical instruments and lenses - manufacture and assembly.
      (34)   Patterns - design and manufacture.
      (35)   Pottery shops.
      (36)   Precision instruments.
      (37)   Plastic extrusion and molding fixture.
      (38)   Processing and storage plants not involving a discharge of noxious to toxic matter.
      (39)   Public garages.
      (40)   Radio and television - assembly and parts fabrication.
      (41)   Sport equipment - manufacture and assembly.
      (42)   Scientific and research instruments and equipment - manufacture and assembly.
      (43)   Signs and advertising display materials - manufacture.
      (44)   Supply yards.
      (45)   Storehouses, warehouses.
      (46)   Telephone and telegraph technical apparatus - manufacture and assembly.
      (47)   Temperature controls - fabrication and assembly.
      (48)   Trade schools.
      (49)   Truck terminals.
      (50)   Warehousing.
      (51)   Welding supply.
      (52)   Wholesale business facilities.
      (53)   “Adult uses” subject to the requirements of Chapter 96 of the city code.
      (54)   Micro distillery or brewery.
   (F)   Permitted accessory uses.
      (1)   Off-street parking and loading, as required in this chapter.
      (2)   Nameplate and business signs, as per §§ 153.090 through 153.105.
   (G)   Uses requiring a conditional use permit.
      (1)   Heavy manufacturing or any use involving pollution or other hazards.
      (2)   Junk yards, auto reduction yards, and open storage yards.
      (3)   Private water supply system pursuant to § 51.11(C).
      (4)   Other manufacture, processing, storage, or commercial uses determined by the Planning Commission to be of the same general character as the permitted uses above and found not to be obnoxious, unhealthful, or offensive by reason of the potential emission or transmission of noise, oxidation, smoke, dust, odors, toxic or noxious matter, or glare or heat.
      (5)   Properties may also be subject to the requirements of the Shoreland Overlay District, § 153.054.
      (6)   Conditions on outside storage of material or finished product.
         (a)   Outside storage of materials or finished product may not exceed 40% of the area of a lot that is 5 or more acres.
         (b)   Outside storage of materials or finished product may not exceed 75% of the footprint of the building on lots smaller than 5 acres and may never exceed 40% of the area of the lot.
         (c)   All outside storage shall be screened from view by dense vegetative screening or other approved screening method.
   (H)   Building design standards.
      (1)   Quality. Buildings shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the abutting properties.
      (2)   Exterior finishes. The following materials are permitted for exterior finishes:
         (a)   Face brick;
         (b)   Natural stone;
         (c)   Stone or glass curtain walls;
         (d)   Wood, provided surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress;
         (e)   Break-off block;
         (f)   Stucco; and
         (g)   Precast concrete and integral colored concrete block, provided surfaces are molded, serrated or treated with a textured material to create a 3-dimensional character.
         (h)   Curtain wall panels of steel, metal, or aluminum provided the panels are factory fabricated and of a high-quality material with a matte or non-lustre finish. These structures will require decorative design elements as approved by the City Council.
      (3)   Prohibited materials. The following materials are prohibited for exterior finishes:
         (a)   Face material that rapidly deteriorate or become unsightly such as exposed cinder blocks, galvanized metal, unfinished tile, and common clay brick.
      (4)   Building construction prohibited.
         (a)   Temporary construction.
   (I)   Landscaping and screening plan.
      (1)   Complete landscaping, screening and erosion control plans shall be prepared and signed by a landscape architect or professional site planner with educational training or work experience in land analysis and site plan preparation. These plans shall include:
         (a)   Detailed natural land analysis including vegetation, soil types and slopes.
         (b)   Manmade features.
         (c)   Details of all proposed vegetative landscaping materials including placement, Latin name, common name, caliper/height and quantity.
         (d)   Details of proposed non-vegetative landscaping and screening materials.
         (e)   Planting and construction schedule for completion of landscaping and screening plans.
      (2)   The final landscaping and screening plan must be approved by the City Council at the time of site plan review.
   (J)   Landscaping security.
      (1)   The owner shall file with the City Clerk security in the form of a letter of credit or cash deposit as determined by the City Council, to ensure that the landscaping, screening and erosion control work is done pursuant to the landscaping plan within the time schedule, and to ensure that the vegetative materials used in any landscaping, screening or erosion control work that die within 2 complete growing seasons are replaced.
      (2)   The security shall be in a amount determined by the City Council, but shall be at least equal to the amount estimated to be the cost of completing the required landscaping, screening and erosion control measures and not to exceed twice such amount.
      (3)   Where such landscaping, screening and erosion control measures do not include the use of vegetative materials, the security shall be in force until such landscaping; screening or erosion control measures have been completed and approved by the City Council. Where such landscaping, screening and erosion control measures do include the use of vegetative materials, the security shall be in force for at least the next 2 complete growing seasons, subsequent to the completion and approval of such landscaping; screening or erosion control measures have been completed and approved by the City Council.
      (4)   Upon completion of the landscaping, screening and erosion control work, the security will be reduced to an amount determined adequate to replace vegetative material that may die within 2 complete growing seasons.
      (5)   Such security shall be filed with the City Clerk before a building permit can be issued.
   (K)   Outdoor lighting.
      (1)   A lighting plan, showing how the site meets all lighting requirements must be submitted at the time of site plan submittal.
      (2)   Intensity.
         (a)   No more than 0.5 foot candles of light where residential zoning abuts and no more than 1.0 foot candles of light where other zoning abuts shall be allowed at the property line, when measured at eye level and aimed at the light source.
         (b)   In parking areas and walkways, downward focused lighting shall be provided by cutoff type luminaries with no more than 10% of light output above the horizontal plane through the light source.
      (3)   Height. Light fixtures and freestanding luminaries shall not exceed 20 feet or extend above the roofline of the principal building, whichever is less.
      (4)   Accent lighting. Accent lighting used to highlight selected landscape or architectural features shall be permitted provided the light source is shielded to aim directly at the area of focus.
(Ord. 2021-8-6, passed 8-10-2021; Am. Ord. 2022-5-11, passed 5-10-2022)

§ 153.054 SL SHORELAND DISTRICT.

   (A)   Purpose. The purpose of the Shoreland District is to govern the use, alteration and development of shoreland areas, according to the provisions of this chapter.
   (B)   District application. The SL Shoreland District shall be applied to and superimposed upon all zoning districts as contained herein as existing or amended by the text and map of this chapter. The regulations and requirements imposed by the SL Shoreland District shall be in addition to those established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.
   (C)   Boundaries. The boundaries of the Shoreland District are established within the following distances from the normal high water mark of the surface water depending on the size of the surface water: greater than 10 acres - 1,000 feet; rivers and streams - 300 feet. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by topographic divides which extend landward from the waters of lesser distances and which are approved by the Commissioner of Natural Resources.
   (D)   Shoreland classification.
      (1)   The surface waters affected by this section and which require controlled development of their shoreland (Shoreland District) are shown on the map entitled “Zoning Map of the City of Stacy, Minnesota” which is properly approved and made a part of this chapter. Surface waters generally greater than 10 acres and given an identification number by the State of Minnesota are listed in the table below. Where the boundaries of the district are in question, the Board of Appeals shall make the necessary interpretation. If any boundary is disputed, the burden of proof shall rest with the applicant.
 
Surface Water Identification
DNR Identification No.
Name
Classification
13-59
Sunrise Pools (East of T.H. 30 and North and South of Hwy. 19)
Natural Environment (NE) Lake
13-61
Unnamed Lake (approximately 2,500 feet North of Hwy. 19, East of I-35, and West of T. H. 30)
General Development
 
      (2)   All rivers and streams (West Branch, Sunrise River) in the municipality of Stacy having a total drainage area of greater than 2 square miles are assigned a shoreland classification of general development.
   (E)   Minimum requirements. The following table sets forth the minimum requirements of each classification. Where the requirements of the zoning district are more restrictive, the more restrictive standards shall apply.
Unsewered Areas
Natural Environment Waters**
General Development Waters***
Unsewered Areas
Natural Environment Waters**
General Development Waters***
Lot area (sq. ft.)
80,000
20,000
Water frontage and lot width at building line (ft.)
200
100
Building setback from ordinary highwater mark (ft.)
200
75
Building setback from roads and highways (ft.)
50 federal, state or county; 20 municipal or private
Elevation of lowest floor above highest known water level (ft.)
3
3
Building height limitation (ft.)
35
35
Total lot area covered by impervious surface (%)
30
30
Sewage system setback from ordinary high water mark (ft.)
150
50
Sewage system elevation above highest groundwater level or bedrock (ft.)
4
4
 
 
Sewered Areas*
Natural Environment Waters**
General Development Waters***
Lot area (sq. ft.)
Waterfront lots
40,000
15,000
Other lots
20,000
10,000
Water frontage and lot width at building line (ft.)
125
75
Building setback from ordinary high water mark (ft.)
150
50
 
*   All provisions for unsewered areas shall apply to sewered areas except for the following which shall supersede the provisions applied to unsewered areas.
**   Sunrise Pools
***   Unnamed lake and West Branch - Sunrise River
   (D)   Soil absorption systems. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage:
      (1)   Low swampy areas or areas subject to recurrent flooding;
      (2)   Areas where the highest known ground water table, bedrock or impervious soil conditions are within 4 feet of the bottom of the system;
      (3)   Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground;
      (4)   Public sewage disposal and commercial, agricultural, solid waste and industrial waste disposal shall conform to the standards, criteria, rules and regulations of the Minnesota Pollution Control Agency;
      (5)   Alternative methods of sewage disposal such as holding tanks, privies, electric or gas incinerators may be allowed, provided they meet the standards and regulations of the Minnesota Pollution Control Agency and Department of Health;
      (6)   All individual septic tanks, or soil absorption systems, shall be a minimum of 50 feet from the nearest well.
   (G)   Nonconforming sanitary systems.
      (1)   Nonconforming septic systems shall be brought into conformity within 5 years from adoption of this chapter.
      (2)   Private wells shall be placed in areas not subject to flooding or upslope from a source of contamination. Private wells must meet all Department of Health Standards.
   (H)   Shoreland alterations. Natural vegetation in shoreland areas shall be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion and to utilize excess nutrients. Any alteration of the vegetation or natural terrain in the Shoreland District shall be controlled by issuance of a landscape permit by the city. An approved permit shall be acquired before any shoreland alterations are undertaken as defined in this section. An alteration is defined as any clear-cutting, grading, and the like which involves the removal or addition of underbrush or vegetation which may have a detrimental impact by allowing soil erosion or runoff of excess nutrients to enter the public waters. The issuance of a landscape permit shall be controlled by this section in accordance with the following criteria:
      (1)   Clear cutting shall be prohibited, except as necessary for placing public roads, utilities, structures, and parking areas;
      (2)   Natural vegetation shall be restored insofar as feasible after any construction project;
      (3)   Selective cutting of trees and underbrush shall be allowed as long as sufficient cover is left to screen motor vehicles and structures when viewed from the water;
      (4)   Grading and filling of a permanent nature: where more than 10 yards of material is to be cut, filled or graded, a landscape permit shall be obtained from the city. This landscape permit shall be issued only if the applicant can demonstrate that:
         (a)   The smallest amount of bare ground shall be exposed for as short a time as feasible;
         (b)   Temporary ground cover, such as mulch, shall be used and permanent vegetative cover, such as sod, shall be provided;
         (c)   Methods to prevent erosion and trap sediment shall be employed;
         (d)   Fill shall be stabilized to accepted engineering standards;
         (e)   Failure to acquire the necessary landscape permit shall be in violation of this chapter.
   (I)   Land suitability - SL Districts. No land shall be subdivided which is held unsuitable by the city for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of future residents.
   (J)   Inconsistent plats. All plats recommended for approval which are inconsistent with the municipal shoreland ordinance shall be reviewed by the Minnesota Commissioner of Natural Resources before approval by the city may be granted.
   (K)   Planned unit developments. These shoreland management regulations may be altered to allow for planned unit developments as defined by this chapter, provided:
      (1)   Preliminary plans are approved by the Department of Natural Resources prior to approval by the city;
      (2)   Central sewage facilities are installed which meet all applicable standards and regulations or the planned unit development is connected to municipal sewer;
      (3)   Open space is preserved as appropriate;
      (4)   The increased density of development is consistent with and does not overburden the resource limitations of the public water or shorelands;
      (5)   That all shoreline development such as docks be centralized facilities serving the entire planned unit development; and
      (6)   That the final plan shall not be altered unless approved by the developer, city, and the Department of Natural Resources.
   (L)   Variances. Variances may be granted by the Council upon application required in this chapter in extraordinary cases, but only when the proposed use is determined to be in the public interest, and no variance shall be granted which the Council determines will or has a tendency to:
      (1)   Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in such a manner as to increase the height of flooding, except obstructions approved by the Watershed Districts in conjunction with sound flood plain management;
      (2)   Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies;
      (3)   Be not in keeping with land use plans and planning objectives for the city or which will increase or cause danger to life or property;
      (4)   Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation, and the marshes and wetlands within the city;
      (5)   No permit or variance shall be issued unless the applicant has submitted a shoreland impact plan as required and set forth in this chapter. In granting any variance, the Council may attach such conditions as they deem necessary to insure compliance with the policy and intent of this chapter.
(Prior Code, § 903.09)

§ 153.055 PUD PLANNED UNIT DEVELOPMENT DISTRICT.

   (A)   Purpose and intent. The purpose of the Planned Unit Development District (PUD) is to provide a comprehensive procedure intended to allow greater flexibility in the development of neighborhoods or non-residential areas than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity. The intent of this section is to:
      (1)   Provide for the establishment of Planned Unit Development (PUD) zoning districts in appropriate settings and situations, to create or maintain a development pattern that complies with the city's comprehensive plan.
      (2)   Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this chapter.
      (3)   Provide for variations to the strict application of the land use regulations in this chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any variations.
      (4)   Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city.
      (5)   Preserve and enhance natural features and open spaces.
      (6)   Maintain or improve the efficiency of public streets and utilities.
      (7)   Ensure the establishment of appropriate transitions between differing land uses.
      (8)   Provide some additional, identifiable benefit to the city or future residents, users, or patrons of the PUD beyond what would be achieved by application of a standard plat under the city's regulations.
   (B)   Uses. All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in this chapter shall be treated as potentially allowable uses within a PUD District, provided they would be allowable on the site under the city's comprehensive plan.
   (C)   Setbacks, lot area, and building height. The various setback, lot area, and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in this section, providing there is no increase in density of more than 10%.
   (D)   Integrated design. A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, and open spaces.
   (E)   Pre-application sketch review. Prior to the filing of a PUD general plan application, the applicant may submit a sketch of the project to the Zoning Administrator. The sketch will be reviewed in accordance with § 153.193(C).
   (F)   General plan. A PUD general plan is a plan and supportive text depicting general land use, circulation, open space, utilities, etc. for parcels of land within a PUD.
      (1)   Application procedure: PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in § 153.191 of this chapter. The general plan shall be accompanied by a fee and a cash escrow as set forth in Chapter 34 of the City Code.
      (2)   Information requirement:
         (a)   The information required for all PUD general plan applications shall be as specified in § 153.192.
         (b)   The Zoning Administrator, Planning Commission, and/or City Council may excuse an applicant from submitting any specific item of information or document required by this section which it finds to be unnecessary to the consideration of the specific PUD being considered.
      (3)   Zoning enactment. A rezoning of a parcel of land to PUD shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time the City Council approves the general plan.
   (G)   Final plan. After approval of the general plan, the applicant may apply for final plan approval for all or a portion of the PUD. The final plan shall be accompanied by a fee as set forth in Chapter 34 of the City Code. The applicant shall submit the following material for review by and approval of the Zoning Administrator prior to issuance of any building permit(s).
      (1)   If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD.
      (2)   Development plans in final form, based on the approved general plan, covering that portion of the PUD where building permits will be requested under the phasing plan.
      (3)   Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.
      (4)   All certificates, seals and signatures required for the dedication of land and recording of documents.
      (5)   Any other plans, agreements or specifications necessary for the Zoning Administrator to review the proposed final plan.
      (6)   Single-family developments and PUD districts approved for only one building shall be exempt from the requirement for a PUD final plan.
   (H)   Periodic PUD review. The City Council may require periodic review of a PUD as a condition to approval of a PUD General Plan in order to ensure compliance with the conditions of the PUD. At such time the City Council may, at its discretion, choose to take additional testimony on the PUD.
   (I)   Plan modification/amendment of a PUD.
      (1)   Amendment for existing single and two family PUDs. Amendments for existing single and 2-family PUDs shall follow the same review procedure as established for a variance, as set forth in § 153.188.
      (2)   Minor modifications to an approved PUD may be approved by the Zoning Administrator, upon recommendation of the City Engineer, City Planner and City Attorney. Minor modifications in this context shall mean internal adjustments to the site and building plans that do not change the approved plat or the uses, do not increase the density or intensity of uses, do not increase the height of buildings, do not decrease the amount of park or open space, or do not reduce the setbacks to adjacent properties.
      (3)   All other modifications to an approved PUD that do not qualify as minor as defined in division (I)(2) of this section, shall follow the procedure for PUD General Plan and Final Plan approval as outlined in § 153.055(F) and (G).
   (J)   General requirements.
      (1)   Records. The Zoning Administrator shall maintain a record of all PUD zones approved by the city, including all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Zoning Administrator may deem appropriate.
      (2)   Withdrawal of an application. Any application under this section may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon.
      (3)   Platting of a PUD. In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures contained in the Stacy Subdivision Ordinance and the related requirements of Chisago County. The preliminary plat shall be processed in conjunction with the general plan as outlined in division (F) of this section. A separate action on the final plat shall be processed before the City Council prior to the approval of a Final Plan.
      (4)   Conveyance of property within a PUD. In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this chapter shall be construed as to make such conveyed property non-conforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the general plan for a project.
      (5)   Agreement/financial guarantee. Following the approval of the general plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of:
         (a)   A development contract;
         (b)   A Site Improvement Performance Agreement; and
         (c)   Another form of legally binding instrument as may be required by the city.
      (6)   A PUD final plan shall expire 1 year from the date of its approval, unless:
         (a)   The applicant commences the authorized use within that period; or
         (b)   The applicant applies for an extension before the expiration of the 1-year period. The request for extension shall state facts showing a good faith attempt to complete or commence the use permitted by the PUD final plan. A request for an extension not exceeding 1 additional year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than 1 additional year be requested by the applicant, it shall be presented to the City Council for a decision.
(Prior Code, § 903.10) (Am. Ord. 2015-3-2, passed 3-16-2015)

§ 153.056 A AGRICULTURE DISTRICT.

   (A)   Purpose. The purpose of the Agriculture District is to preserve areas that have been included in the city’s Comprehensive Plan for future urban development. The large minimum lot size (40 acres) will retain these lands in their natural state or as agricultural uses until the most appropriate zoning district can be determined at the time development occurs. At such time the new zoning shall be consistent with the Comprehensive Plan.
   (B)   Permitted uses.
      (1)   Farming operations subject to the following.
         (a)   Continued farm operations. All farm operations currently in existence will be permitted to continue operation subject to the following conditions: agriculture uses, excepting commercial animal farms, fur farms, kennels, and poultry farms, but including truck gardening and other horticultural uses, are permitted uses in the district in which an existing operation is located, provided that any new private stable or other new building in which farm animals are kept shall be a distance of 60 feet or more from any other lot in any residential district.
         (b)   Sale of products. Limited sales of products produced may be conducted on the premises from a roadside stand, but the stand shall not exceed 12 feet in height or 500 square feet in floor area, and no portion of any such stand shall be located or erected nearer than 40 feet from any highway, street, or road right-of-way.
         (c)   Conditional use permits. The Council may require any farm operation to secure a conditional use permit to continue the operations in the event the farming operations are so intensive as to constitute a feed lot or an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further that such operations may tend to become a permanent industrial type operation (that cannot be terminated as can a normal farming operation).
         (d)   Unsafe buildings. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the official charged with protecting the public safety, upon order of the official.
      (2)   The raising of animals for sale, profit, or pleasure on parcels of 5 acres or larger. This land area requirement applies to animal kennels, but not to the keeping of dogs, cats, and other animals customarily kept as pets. One animal unit is permitted per 2 acres. The animal units are as follows:
Number of Animals
Animal Units
Number of Animals
Animal Units
1 bovine/buffalo
1
1 horse
1
2 miniature horses
1
2 swine over 55 pounds
1
5 sheep/goat
1
20 fowl (turkeys, chickens, ducks, geese, game birds)
1
20 rabbits
1
A property owner may request an ordinance amendment for any species not listed. Such amendment is at the discretion of the City Council.
 
      (3)   Farm drainage systems, flood control, and watershed structures and erosion control devices meeting all city, county, state, and soil conservation service minimum standards.
      (4)   Forestry.
      (5)   Wildlife areas, forest preserves, public parks owned or operated by a government agency or nonprofit organization, and other open space uses.
      (6)   Essential services as defined by § 153.033.
      (7)   Residential facilities in a single-family detached dwelling, serving 6 or fewer individuals and licensed by the state.
      (8)    Single-family detached dwellings, including expansion of single-family detached dwellings on non-conforming lots.
   (C)   Accessory uses.
      (1)   Any incidental machinery, structures, or buildings necessary for agriculture or other permitted uses as defined by § 153.031(A).
      (2)   In-home daycare facilities as permitted in M.S. Chapter 462.357, Subdivision 7, as it may be amended from time to time.
      (3)   Home occupations as defined by § 153.033.
      (4)   Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.
      (5)   Signs as regulated by §§ 153.090 et seq.
      (6)   Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with city and state requirements.
   (D)   Conditional uses. The following are conditional uses, subject to § 153.189 and the specific standards and criteria that may be cited below for a specific use:
      (1)   Commercial feedlots, subject to MPCA (Minnesota Pollution Control Agency) requirements;
      (2)   Greenhouses and nurseries;
      (3)   Towers and antennas as regulated by this chapter;
      (4)   Personal use airstrips;
      (5)   Churches, chapels, temples, synagogues, and cemeteries with normal accessory buildings for education and living quarters;
      (6)   Local government administration and service buildings;
      (7)   Accessory dwelling units as regulated by § 153.035;
      (8)   Commercial outdoor recreation areas that are similar to public recreation areas including private campgrounds, golf courses, swimming pools, and resorts. Public parks owned and operated by a government agency or nonprofit organization;
      (9)   Agricultural oriented businesses such as grain and feed sales, grain drying, and storage;
      (10)   Commercial fur farms;
      (11)   Temporary equipment placement and operation as related to road construction;
      (12)   Light construction equipment storage areas associated with a legal home occupation;
      (13)   Regional pipelines, power transmission lines, and relay towers up to 50 feet;
      (14)   Extraction of minerals, sand, gravel, rock, or any material from the earth and processing operations such as asphalt or concrete batch plants, rock crushing, washing, and recycling of pavement in accordance with § 153.084;
      (15)   Home occupations which may require additional parking, an accessory building or an attached garage, or generate increase in traffic beyond typical residential nature and which are in accordance with § 153.033;
      (16)   Antenna and/or amateur radio;
      (17)   Telecommunication facility in accordance with § 153.155; and
      (18)   Private water supply system pursuant to § 51.11(C).
   (E)   Interim uses. The following are interim uses, subject to § 153.190 and the specific standards and criteria that may be cited below for a specific use:
      (1)   One additional, non rental, farm dwelling as an accessory use to the farm; and
      (2)   Certain home occupations as defined in § 153.033.
      (3)   Private water supply system pursuant to § 51.11(C).
      (4)   Kennels.
   (F)   Area requirements.
      (1)   The following minimum requirements shall be met in the AG District:
Minimum lot size
40 acres
Minimum lot width
300 feet
Minimum lot depth
300 feet
Structure setbacks:
Front
100 feet
Side
25 feet
Rear
50 feet
Maximum building height
35 feet
 
      (2)   Properties may also be subject to the requirements of the Shoreland District, § 153.054.
(Ord. 2009-5-1, passed 5-12-2009; Am. Ord. 2012-11-2, passed 11-13-2012; Am. Ord. 2015-3-3, passed 3-16-2015; Am. Ord. 2016-10-2, passed 10-11-2016; Am. Ord. 2019-8-3, passed 8-13-2019; Am. Ord. 2023-12-1, passed 12-12-2023)

§ 153.057 P PARK DISTRICT.

   (A)   Purpose. The purpose of the park district is to provide for publicly owned park and recreation facilities.
   (B)   Permitted principal uses: within a “P” park district, no structure or land shall be used except for 1 or more of the following uses:
      (1)   Boat landing or fishing pier;
      (2)   Golf course, public;
      (3)   Hockey rinks, pleasure and in-line skating;
      (4)   Informal play field;
      (5)   Open space, natural areas, nature trails and other similar facilities;
      (6)   Picnic area;
      (7)   Picnic shelter;
      (8)   Play equipment;
      (9)   Play fields, including, but not limited to, soccer, baseball, softball, football;
      (10)   Playgrounds, hard or soft surface play areas;
      (11)   Recreation buildings;
      (12)   Skateboard parks;
      (13)   Special events as scheduled with City of Stacy;
      (14)   Swimming pools;
      (15)   Play courts, including basketball, tennis, and volleyball;
      (16)   Warming houses and other similar facilities;
      (17)   Community gardens; and
      (18)   Other recreation uses as approved by the City of Stacy.
      (19)   Sale of locally grown produce in the Farmers Market.
   (C)   Permitted accessory uses. Within any “P” park district, the following uses shall be permitted accessory uses: signage located on outfield fences, shall comply with § 153.101(B)(2).
   (D)   Uses requiring a conditional use permit. Within any “P” park district, no structure or land shall be used except for 1 or more of the following uses: essential service structures, including, but not limited to, buildings such as booster or pressure regulating stations, wells and pumping stations, elevated tanks, and lift stations, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit, it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is located.
   (E)   Lot requirements. No minimum lot area or width for park land. For public parks that contain structures the following setbacks shall apply:
      (1)   Front yard setbacks: 25 feet;
      (2)   Rear yard setbacks: 35 feet;
      (3)   Side yard:
         (a)   Ten feet interior;
         (b)   Twenty feet corner;
         (c)   Thirty feet for structures abutting a residential or vacant lot;
      (4)   Height: 2 and 1/2 stories or 35 feet maximum;
   (F)   Building standards: for any building structure built in the park district the following building standards shall apply.
      (1)   Design of buildings shall reflect the character of the surrounding residential neighborhoods. Building scale and roof design should be consistent with existing neighborhoods.
      (2)   Acceptable building materials include face brick, stone, glass, stucco, synthetic stucco, fiber cement siding or architectural concrete block. Non-decorative concrete block, sheet metal, unfinished metal or pole barn type buildings are not acceptable. Roofs shall reflect a traditional residential structure such as pitched, gable, hip or shed.
   (G)   Activity scheduled in parks. The city shall be delegated as the agency to coordinate and schedule the use of park areas and facilities.
(Ord. 2010-2-1, passed 2-23-2010; Am. Ord. 2013-3-2, passed 3-12-2013)

§ 153.058 OS OPEN SPACE DISTRICT.

   (A)   Purpose. The purpose of the open space district is to provide for publicly owned open space facilities. This district consists of the Carlos Avery WMA district and all other public open space land.
   (B)   Permitted uses. No structure or use shall be permitted in the OS zoning district except the following:
      (1)   Open space, natural areas (including natural landscape areas), nature trails and nature observation areas;
      (2)   Picnic area;
      (3)   Picnic shelter;
      (4)   Wildlife management areas and related facilities; and
      (5)   Use of firearm for hunting purposes as allowed in the Agricultural zoning district.
(Ord. 2010-2-1, passed 2-23-2010)

§ 153.059 GENERAL FLOODPLAIN DISTRICT; FLOODPLAIN MANAGEMENT.

   (A)   Statutory authorization and purpose.
      (1)   Statutory authorization. This floodplain section is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F, as may be amended from time to time; Minnesota Rules, parts 6120.5000 through 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and zoning enabling legislation in M.S. Chapter 462, as may be amended from time to time.
      (2)   Purpose.
         (a)   This section regulates development in the flood hazard areas of the City of Stacy. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
         (b)   This section is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.
         (c)   This section is adopted to maintain eligibility in the National Flood Insurance Program.
         (d)   This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
      (3)   Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. The standards in this section take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
      (4)   Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This section does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
   (B)   Definitions. Unless specifically defined, words or phrases used in this section must be interpreted according to common usage and so as to give this section its most reasonable application.
      ACCESSORY STRUCTURE. A structure that is on the same parcel of property as, and is incidental to, the principal structure or use; an accessory structure specifically excludes structures used for human habitation.
      BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. BASE FLOOD is synonymous with the term REGIONAL FLOOD used in Minnesota Rules, part 6120.5000.
      BASE FLOOD ELEVATION (BFE). The elevation of the base flood, regional flood, or 1% annual chance flood. The term BASE FLOOD ELEVATION is used in the Flood Insurance Study.
      BASEMENT. Any area of a structure, including crawl spaces, having its floor subgrade (below ground level) on all 4 sides, regardless of the depth of excavation below ground level.
      BUILDING. See STRUCTURE.
      CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.
      CONDITIONAL USE. A land use or development that would not be appropriate generally, but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.
      CRITICAL FACILITIES. Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power generating stations, communications towers, or electrical substations.
      DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
      EQUAL DEGREE OF ENCROACHMENT. 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.
      FEMA. Federal Emergency Management Agency.
      FLOOD. A temporary rise in the stream flow or water surface elevation from any source that results in the inundation of normally dry land areas.
      FLOOD FRINGE. The portion of the 1% annual chance floodplain located outside of the floodway. This district shall be extended laterally to the 0.2% annual chance floodplain, where mapped.
      FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital Flood Insurance Rate Map (DFIRM).
      FLOOD INSURANCE STUDY (FIS). The study referenced in Section 3.2, which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.
      FLOODPLAIN. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.
      FLOODPROOFING. A combination of structural and non-structural additions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
      FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than ½ foot.
      GENERAL FLOODPLAIN. Those floodplains designated on the Flood Insurance Rate Maps referenced in division (C)(2), but that do not have a delineated floodway.
      LOWEST FLOOR. The LOWEST FLOOR of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of 44 C.F.R. § 60.3.
      MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term RECREATIONAL VEHICLE.
      NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of an adopted floodplain management regulation, and includes any subsequent improvements to such structures.
      PRINCIPAL STRUCTURE. The main building or other structure on a lot that is utilized for the property’s principal use.
      REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between 2 consecutive bridge crossings would most typically constitute a reach.
      RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a vehicle, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Those vehicles not meeting this definition shall be considered a structure for the purposes of this section. For the purposes of this section, RECREATIONAL VEHICLE is synonymous with the term TRAVEL TRAILER/TRAVEL VEHICLE.
      REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation that is 1-foot above the elevation of the base flood plus any increases in the water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the floodway data tables, found in the Flood Insurance Study.
      REPETITIVE LOSS. Flood-related damages sustained by a structure on 2 separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
      STAGE INCREASE. Any increase in the water surface elevation during the 1% annual chance flood caused by encroachments on the floodplain.
      START OF CONSTRUCTION. Includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
      STRUCTURE. A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as detailed in division (J)(2)(b), shall also be considered a structure for the purposes of this section.
      SUBDIVISION. Land that has been divided for the purpose of sale, rent, or lease, including planned unit developments.
      SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
      SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the START OF CONSTRUCTION of the improvement. This term includes structures that have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either:
         (a)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
         (b)   Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the structure’s continued designation as a HISTORIC STRUCTURE. For the purpose of this section, HISTORIC STRUCTURE is defined in 44 C.F.R. § 59.1.
      VARIANCE. The same as that defined in 44 C.F.R. § 59.1 and M.S. § 462.357, Subd. 6(2), as may be amended from time to time.
      WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels.
   (C)   Jurisdiction and districts.
      (1)   Lands to which section applies. This section applies to all lands within the jurisdiction of the City of Stacy within the boundaries of the Floodway, Flood Fringe and General Floodplain Districts.
         (a)   The Floodway, Flood Fringe or General Floodplain Districts are overlay districts. The standards imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.
         (b)   Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions (as illustrated in Figure 1), the base flood elevation (BFE) shall be the governing factor in locating the outer boundaries of the 1% annual chance floodplain.
Figure 1: The mapped floodplain may not always align with on-the-ground contour elevations
         (c)   Persons contesting the location of district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.
      (2)    Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this section. The attached material includes the Flood Insurance Study for Chisago County, Minnesota, and incorporated areas, dated April 17, 2012, and the Flood Insurance Rate Map panels 27025C0250D, 27025C0255D, 27025C0260D, 27025C0275D, 27025C0350D, and 27025C0375D, dated April 17, 2012, all prepared by the Federal Emergency Management Agency. These materials are on file in the Stacy City Hall.
      (3)   Districts.
         (a)   Floodway District. Those areas within Zone A as shown on the Flood Insurance Rate Maps referenced in division (C)(2) that are determined to be located in the floodway using the delineation methods in division (G)(4).
         (b)   Flood Fringe District. Those areas within Zone A as shown on the Flood Insurance Rate Maps referenced in division (C)(2) that are determined to be located in the flood fringe using the delineation methods in division (G)(4). This district shall be extended laterally to the 0.2% annual chance floodplain, where mapped.
         (c)   General Floodplain District. Those areas within Zone A as shown on the Flood Insurance Rate Maps referenced in division (C)(2).
      (4)   Annexations. The Flood Insurance Rate Map panels referenced in division (C)(2) may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon the date of annexation. Annexations into panels not referenced in division (C)(2) require ordinance amendment in accordance with division (N).
      (5)   Municipal boundary adjustments. The Flood Insurance Rate Map panels referenced in division (C)(2) apply county-wide. If at any point any lands come under the jurisdiction of another local government, the following shall apply:
         (a)   City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment occurring. Cities retain jurisdiction for all incorporated lands, and the county retains jurisdiction under this section on all unincorporated lands, except as provided through some form of administrative agreement.
   (D)   Requirements for all floodplain districts.
      (1)   Permit required. A permit must be obtained from the Zoning Administrator to verify compliance with all applicable standards outlined in this section prior to the following uses or activities:
         (a)   The erection, addition, modification, rehabilitation, repair, or alteration of any building, structure, or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction with other planned work, constitutes a substantial improvement, as specified in division (L)(1)(c).
         (b)   The construction or placement of anything that may cause potential waterflow obstruction.
         (c)   The change or expansion of a nonconforming use.
         (d)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
         (e)   The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities.
         (f)   The storage of materials or equipment, in conformance with division (D)(3)(b).
         (g)   Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been obtained from the Department of Natural Resources, unless a significant area above the ordinary high water level is also to be disturbed.
         (h)   Any other type of DEVELOPMENT, as defined in division (B).
      (2)   No permit required. Certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this section, do not require a permit.
      (3)   Minimum development standards.
         (a)   All development must:
            1.   Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
            2.   Be constructed with materials and equipment resistant to flood damage;
            3.   Be constructed by methods and practices that minimize flood damage;
            4.   Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service facilities elevated at least up to the regulatory flood protection elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding;
            5.   Be reasonably safe from flooding and consistent with the need to minimize flood damage;
            6.   Be assured to provide adequate drainage to reduce exposure to flood hazards;
            7.   Not be detrimental to uses in adjoining areas;
            8.   Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system; and
            9.   Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface waters by the use of vegetative cover or other methods as soon as possible.
         (b)   Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the regulatory flood protection elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in M.S. § 115.01, as may be amended from time to time, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to issuance of a permit.
         (c)   Critical facilities shall be located so that the lowest floor is not less than 2 feet above the Base Flood Elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher.
Table 1. Summary of permitting requirements for structures
Structure Type
Floodway
Flood Fringe
Standards*
Structure Type
Floodway
Flood Fringe
Standards*
Accessory structures
Accessory structures - on fill
Only specific uses and types allowed - with CUP
Allowed with permit
(F)(2)(C)(4)(ii)
Accessory structures - alt. elevation methods
Only specific uses and types allowed - with CUP
Allowed with permit
(F)(2)(C)(4)(iii)
Accessory structures - wet floodproofing
Only specific uses and types allowed - with CUP
Allowed with permit
(F)(2)(C)(4)(i)
Accessory structures - dry (watertight) floodproofing
Only specific uses and types allowed - with CUP
Allowed with permit
(F)(2)(C)(4)(iv)
Residential
Residential - on fill
Not allowed
Allowed with permit
(F)(2)(a)
Residential - alt. elevation methods
Not allowed
Allowed with CUP
(F)(4)(a)
Residential - dry (watertight) floodproofing and/or basement construction below RFPE
Not allowed
Not allowed
N/A
Non-residential
Non-residential - on fill
Not allowed
Allowed with permit
(F)(2)(b)(1)
Non-residential - alt. elevation methods
Not allowed
Allowed with permit
(F)(2)(b)(2)
Non-residential - dry (watertight) floodproofing and/or basement construction below RFPE
Not allowed
Allowed with permit
(F)(2)(b)(3)
*Note: Many of these standards are cross-referenced.
 
   (E)   Floodway District.
      (1)   Permitted uses in floodway. Development allowed in the floodway district is limited to that which has low flood damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the 1% annual chance flood. The following uses and activities may be allowed with a permit, subject to the standards in division (E)(2):
         (a)   Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures, navigational facilities, as well as public open space uses.
         (b)   Roads, driveways, railroads, trails, bridges, and culverts.
         (c)   Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.
         (d)   Grading, filling, land alterations, and shoreline stabilization projects.
         (e)   No structures, as defined in division (B), are allowed in the Floodway District, except structures accessory to the uses detailed in divisions (E)(1)(a) and (E)(3)(a), which require a CUP under division (E)(3)(b).
         (f)   Levees or dikes intended to protect agricultural crops, provided the top of the dike does not exceed the 10% annual chance flood event.
      (2)   Standards for permitted uses in floodway. In addition to the applicable standards detailed in division (D):
         (a)   The applicant must demonstrate that the development will not result in any of the following during the 1% annual chance flood: Cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g., projects that restore the site to the previous cross-sectional area). This is commonly documented through a “no-rise certification.”
         (b)   Any development that would result in stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for and received approval for a conditional letter of map revision (CLOMR) in accordance with 44 C.F.R. § 65.12. Map revisions must follow the procedures in divisions (K)(1)(e) and (N).
         (c)   Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a letter of map revision (LOMR) following the procedures in divisions (K)(1)(e) and (N).
         (d)   Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with M.S. § 103G.245, as may be amended from time to time, or a utility crossing license in accordance with M.S. § 84.415, as may be amended from time to time, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.
         (e)   Any facility used by employees or the general public must be designed with a flood warning system acceptable to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than 4.
         (f)   Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters, and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.
      (3)   Conditional uses in floodway. The following uses and activities may be permitted as conditional uses, subject to the standards detailed in division (E)(4):
         (a)   Commercial extractive uses, and storage and stockpiling yards.
         (b)   Structures accessory to uses detailed in divisions (E)(1)(a) and (E)(3)(a).
      (4)   Standards for conditional uses in floodway. In addition to the applicable standards detailed in divisions (D), (E)(2) and (K)(2):
         (a)   Extractive uses and storage of materials require the completion of a site development and restoration plan, to be approved by the city.
         (b)   Accessory structures. Structures accessory to the uses detailed in divisions (E)(1)(a) and (E)(3)(a) must be constructed and placed so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in division (F)(2)(c).
   (F)   Flood Fringe District.
      (1)   Permitted uses in flood fringe. Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a permit, subject to the standards set forth in division (F)(2).
      (2)   Standards for permitted uses in flood fringe. In addition to the applicable standards detailed in division (D):
         (a)   Residential structures; elevation on fill. Structures erected, constructed, reconstructed, altered, or moved on fill within the Flood Fringe District shall be placed so that the lowest floor, as defined in division (B), is elevated at or above the regulatory flood protection elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the Zoning Administrator. Elevation methods alternative to these fill standards are subject to a conditional use permit, as provided in division (F)(3)(a) and Figure 2. Construction of this type shall only be permitted in locations where the natural ground is no lower than 3 feet below the base flood elevation.
Figure 2: Overview of fill standards for residential structures.
         (b)     Non-residential principal structures. Non-residential principal structures must meet 1 of the following construction methods:
            1.   Elevation on fill. Structures may be elevated on fill, meeting the standards in division (F)(2)(a). Fill for non-residential structures is not required to be extended 15 feet beyond the outside limits of the structure.
            2.   Alternative elevation methods. Structures may be elevated using methods alternative to the fill standards in division (F)(2)(a). Such methods include the use of blocks, pilings (Figure 3), filled stem walls (Figure 4), or internally-flooded enclosed areas (Figure 5) such as crawl spaces, attached garages, or tuck-under garages.
      Figure 3: Blocks or pilings.         Figure 4: Filled stem walls.            Figure 5: Internally flooded enclosed area.
   
 
 
 
 
 
            3.   Designs accommodating for internally flooded enclosed areas must be certified by a registered professional engineer or architect, or meet or exceed the standards detailed in FEMA Technical Bulletin 1, as amended, as well as the following standards:
               i.   The lowest floor, as defined in division (B), shall be elevated at or above the regulatory flood protection elevation (RFPE).
               ii.   The floor of the enclosed area must be at or above the exterior grade on at least 1 side of the structure.
               iii.   To allow for the equalization of hydrostatic pressure, there shall be a minimum of 2 openings below the base flood elevation on at least 2 sides of the structure. The bottom of all openings shall be no higher than 1 foot above grade. The openings shall have a minimum net area of not less than 1 square inch for every square foot of enclosed area subject to flooding, have a net area of not less than 1 square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
               iv.   Internally flooded enclosed areas shall only be used for the parking of vehicles, building access, or storage. Bathrooms and toilet rooms shall not be allowed. Such areas shall be subject to a deed-restricted non-conversion agreement as well as periodic inspections with the issuance of any permit.
            4.   Dry floodproofing. Structures having watertight enclosed basements or spaces below the regulatory flood protection elevation (RFPE) must meet the following standards:
               i.   Walls must be substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the regulatory flood protection elevation (RFPE);
               ii.   Must meet the standards of FEMA Technical Bulletin 3, as amended; and
               iii.   A registered professional engineer or architect shall be required to certify that the design and methods of construction meet the standards detailed in this section.
         (c)   Accessory structures. All accessory structures must meet the following standards:
            1.   Structures shall not be designed or used for human habitation.
            2.   Structures will have a low flood damage potential.
            3.   Structures with fewer than 2 rigid walls, such as carports, gazebos, and picnic pavilions, may be located at an elevation below the regulatory flood protection elevation.
            4.   Structures with 2 or more rigid walls, must meet 1 of the following construction methods:
               i.   Wet floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. Such structures shall constitute a minimal investment not to exceed 576 square feet in size, 1 story in height, and shall only be used for parking and storage. To allow for the equalization of hydrostatic pressure, there shall be a minimum of 2 openings on at least 2 sides of the structure and the bottom of all openings shall be no higher than 1 foot above grade. The openings shall have a minimum net area of not less than 1 square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
               ii.   Elevation on fill. Structures may be elevated on fill, meeting the standards in division (F)(2)(a). Fill is not required to be extended 15 feet beyond the outside limits of the structure.
               iii.   Alternative elevation methods. Structures may have their lowest floor elevated above the regulatory flood protection elevation (RFPE) through methods alternative to the fill standards in division (F)(2)(c)4.ii., and must meet the standards in division (F)(2)(b)2..
               iv.   Dry floodproofing. Structures may be dry-floodproofed, or watertight, meeting the standards in division (F)(2)(b)3..
         (d)   All new principal structures must provide vehicular access no lower than 1 foot below the base flood elevation (BFE), unless a flood warning/emergency evacuation plan has been approved by the city.
         (e)   Any facilities used by employees or the general public must be designed with a flood warning system acceptable to the city that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than 4.
         (f)   Manufactured homes and recreational vehicles must meet the standards of division (J).
      (3)   Conditional uses in flood fringe. The following uses and activities may be permitted as conditional uses, subject to the standards in division (F)(4): Alternative elevation methods – residential structures: Residential structures with their lowest floor elevated above the regulatory flood protection elevation (RFPE) using methods alternative to the fill requirements in division (F)(2)(a).
      (4)   Standards for conditional uses in flood fringe. In addition to the applicable standards detailed in divisions (D), (F)(2) and (K)(2): All residential structures with lowest floors elevated through alternative elevation methods must meet the standards in division (F)(2)(b)(2).
   (G)   General Floodplain District.
      (1)   Permitted uses in General Floodplain District.
         (a)   Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, division (E).
         (b)   All other uses are subject to a floodway/flood fringe determination as provided in division (G)(4), in addition to the standards provided in divisions (G)(2) and (G)(3). Permitted uses shall be determined as follows:
            1.   If the development is determined to be in the Floodway District, division (E) applies.
            2.   If the development is determined to be in the Flood Fringe District, division (F) applies.
      (2)   Determining flood elevations.
         (a)   All development requires a determination of the base flood elevation (BFE). Exceptions to this requirement include projects that restore the site to the previous cross- sectional area, such as shore stabilization or culvert replacement projects. Base flood elevations (BFE) may be found using best available data from any federal, state, or other source (including MNDNR’s Lake and Flood Elevations Online (LFEO) Viewer).
         (b)   The regulatory flood protection elevation (RFPE) can be determined by assuming a ½ foot stage increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along lakes, wetlands, and other basins that are not affected by velocities.
      (3)   Encroachment analysis.
         (a)   Encroachments due to development may not allow stage increases more than ½-foot at any point, unless through a map revision following the procedures in divisions (K)(1)(e) and (N). This evaluation must include the cumulative effects of previous encroachments, and must be documented with hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices. A lesser water surface elevation increase than ½ foot is required if, due to the water surface level increase, increased flood damages would potentially result.
         (b)   Alterations or changes that result in stage decreases are allowed and encouraged.
      (4)   Standards for the analysis of floodway boundaries.
         (a)   Requirements for detailed studies. Any development, as requested by the Zoning Administrator, shall be subject to a detailed study to determine the regulatory flood protection elevation (RFPE) and the limits of the Floodway District. This determination must be consistent with the minimum standards for hydrologic and hydraulic mapping standards and techniques, as detailed in Minnesota Rules, part 6120.5600, Subd. 4 and FEMA Guidelines and Standards for Flood Risk Analysis and Mapping, as revised. Additionally:
            1.   A regulatory floodway necessary to carry the discharge of the 1% annual chance flood must be selected without increasing the water surface elevation more than ½ foot at any point. This determination should include the cumulative effects of previous encroachments. A lesser water surface elevation increase than ½ foot is required if, due to the water surface level increase, increased flood damages would potentially result; and
            2.   An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless topography, existing development patterns, and comprehensive land use plans justify a modified approach, as approved by the Department of Natural Resources.
         (b)   Other acceptable methods. For areas where a detailed study is not available or required:
            1.   Development prohibited in floodways (e.g. most buildings) requires a floodway/flood fringe determination to verify the development is within the flood fringe. This determination must be done by a professional engineer or utilize other accepted engineering practices. The Department of Natural Resources may also provide technical assistance and must approve any alternative methods used to determine floodway boundaries.
            2.   For areas where the floodway has not been determined in and along lakes, wetlands, and other basins, the following methodology may be used as an alternative to division (G)(3)(a), provided these areas are not affected by velocities and the lot is able to accommodate a building site above the regulatory flood protection elevation (RFPE): All areas that are at or below the ordinary high water level, as defined in M.S. § 103G.005, Subd. 14, as may be amended from time to time, will be considered floodway, and all areas below the base flood elevation (BFE) but above the ordinary high water level will be considered flood fringe, provided that within 25 feet of the ordinary high water level, or within the shore impact zone as identified in the community’s shoreland ordinance, whichever distance is greater, land alterations shall be restricted to:
               i.   The minimum required to accommodate beach areas, access areas, and accessory structures as permitted, not to exceed a volume greater than 10 cubic yards; projects involving volumes exceeding 10 cubic yards require floodway/flood fringe determination in accordance with the procedures in division (G)(4)(b)1.; and
               ii.   The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as verified by a qualified resource agency or the Zoning Administrator.
   (H)   Subdivision standards. All subdivided land must meet the following requirements. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this section.
      (1)   All lots within floodplain districts must be suitable for a building site outside of the Floodway District.
      (2)   Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the city.
      (3)   All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than 2 feet below the regulatory flood protection elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the city.
      (4)   The Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation (RFPE) and the required elevation of all access roads must be clearly identified on all required subdivision drawings and platting documents.
   (I)   Public and private utilities, service facilities, roads, bridges, and railroads.
      (1)   Public transportation facilities. Railroad tracks, roads, and bridges must be elevated to the regulatory flood protection elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. All public transportation facilities should be designed to minimize increases in flood elevations.
      (2)   Public utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the regulatory flood protection elevation (RFPE), be located and constructed to minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited in the 1% annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, part 4725.4350.
      (3)   Private on-site water supply, individual sewage treatment systems, and other service facilities. Private facilities shall be subject to applicable provisions detailed in division (I)(2). In addition, new or replacement on-site sewage treatment systems are to be located to avoid impairment to them or contamination from them during times of flooding, shall not be located in a designated floodway, and are subject to the provisions in Minnesota Rules, parts 7080.2270.
   (J)   Manufactured homes and recreational vehicles.
      (1)   Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:
         (a)   New and replacement manufactured homes must be placed and elevated in compliance with division (F) and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over- the-top or frame ties to ground anchors.
         (b)   New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in division (H).
      (2)   Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:
         (a)   Meet the requirements for manufactured homes in division (J)(1); or
         (b)   Be travel ready, meeting the following criteria:
            1.   The vehicle must be fully licensed.
            2.   The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick-disconnect type utilities.
            3.   No permanent structural type additions may be attached to the vehicle.
            4.   Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in division (D) and (F)(2)(c).
   (K)   Administration.
      (1)   A Zoning Administrator or other official must administer and enforce this section.
         (a)   Permit application requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:
            1.   A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.
            2.   Location and detail of grading, fill, or storage of materials.
            3.   Copies of any required local, state or federal permits or approvals.
            4.   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
         (b)   Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:
            1.   All certifications for dry floodproofing and alternative elevation methods, where applicable.
            2.   Analysis of no-rise in the Floodway District, as detailed in division (E)(2)(a), and encroachment analysis ensuring no more than ½ foot of rise in the General Floodplain District, as detailed in divisions (G)(2)(b) and (G)(3)(a).
            3.   Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.
            4.   Substantial damage and substantial improvement determinations, as detailed in division (L)(1)(c), including the cost of improvements, repairs, and market value.
            5.   All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.
         (c)   Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the finished fill and building floor elevations or other flood protection measures are in compliance with the requirements of this section.
         (d)   Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters in accordance with M.S. § 103G.245, as may be amended from time to time, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA.
         (e)   Notification to FEMA when physical changes increase or decrease base flood elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the city must notify FEMA of the changes in order to obtain a letter of map revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than 6 months after the date such supporting information becomes available. Within the General Floodplain District, a map revision is only required if development results in stage increases greater than ½ feet.
      (2)   Conditional uses and variances.
         (a)   Process.
            1.   An application for a conditional use permit will be processed and reviewed in accordance with the provisions of this section.
            2.   An application for a variance to the provisions of this section will be processed and reviewed in accordance with M.S. § 394.27, Subd. 7, as may be amended from time to time, and this section.
         (b)   Additional variance criteria. The following additional variance criteria must be satisfied:
            1.   Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
            2.   Variances from the provisions of this section may only be issued by a community upon:
               i.   A showing of good and sufficient cause;
               ii.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
               iii.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
            3.   Variances from the provisions in this section may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            4.   Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.
            5.   Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the regulatory flood protection elevation (RFPE).
            6.   The Zoning Administrator must notify the applicant for a variance in writing that:
               i.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
               ii.   Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.
         (c)   Considerations for approval. The city must consider all relevant factors specified in other sections of this section in granting variances and conditional use permits, including the following:
            1.   The potential danger to life and property due to increased flood heights or velocities caused by encroachments.
            2.   The danger that materials may be swept onto other lands or downstream to the injury of others.
            3.   The safety of access to the property in times of flood for ordinary and emergency vehicles.
         (d)   Conditions of approval. The city may attach such conditions to the granting of variances and conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:
            1.   Limitations on period of use, occupancy, and operation.
            2.   Imposition of operational controls, sureties, and deed restrictions.
            3.   The prevention of soil erosion or other possible pollution of public waters, both during and after construction.
            4.   Other conditions as deemed appropriate by the Zoning Administrator, Planning Commission, or City Council.
      (3)   Notifications to the Department of Natural Resources.
         (a)   All notices of public hearings to consider variances or conditional uses under this section must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least 10 days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.
         (b)   A copy of all decisions granting variances and conditional uses under this section must be sent via electronic mail to the Department of Natural Resources respective area hydrologist within 10 days of final action.
   (L)   Nonconformities.
      (1)   Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions:
         (a)   Within the floodway and general floodplain districts (when a site has been determined to be located in the floodway following the procedures in division (G)(3), or when the floodway has not been delineated), any expansion or enlargement of uses or structures is prohibited.
         (b)   Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this section, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the regulatory flood protection elevation (RFPE).
         (c)   If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in division (L)(2), it may not be reconstructed except in conformity with the provisions of this section. Any structures located outside of the 1% annual chance floodplain are exempt from this division.
         (d)   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than 1 year, any future use of the premises must conform to this section.
         (e)   If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in division (D)(3)(a)4. to the greatest extent practicable. This requirement shall apply regardless of the determinations made in division (L)(2).
      (2)   Substantial improvement and substantial damage determinations. Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures:
         (a)   Estimate of the market value of the structure. In the case of repairs, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made.
         (b)   Estimate of the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the Zoning Administrator to evaluate costs.
            1.   Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past 1 year.
            2.   Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre- damaged condition.
         (c)   Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure, and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in division (B).
            1.   For the purposes of determining whether the proposed work would constitute substantial improvement, the evaluation shall also include all rehabilitations, additions, or other improvements completed since the community has adopted floodplain standards impacting this structure.
            2.   If any nonconforming structure experiences a repetitive loss, as defined in division (B), it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this section.
         (d)   Based on this determination, the Zoning Administrator shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this section.
   (M)   Violations and penalties.
      (1)   Uses in violation of the section. Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this section shall be considered a public nuisance.
      (2)   Civil remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this section may be abated by an action brought by the city or the Department of Natural Resources.
      (3)   Enforcement. Violation of the provisions of this section constitutes a misdemeanor and is punishable as defined by law. The Zoning Administrator may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
   (N)   Amendments.
      (1)   Ordinance amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or annexations of new map panels require an ordinance amendment to update the map references in division (C)(2).
      (2)   Required approval. All amendments to this section must be submitted to the Department of Natural Resources for review and approval prior to adoption, for compliance with state and federal rules and requirements. The floodplain ordinance shall not be considered valid until approved.
(Ord. 2012-3-2, passed 3-13-2012; Am. Ord. 2024-10-4, passed 10-8-2024)

§ 153.060 RR-A RURAL RESIDENTIAL AGRICULTURAL DISTRICT.

   (A)   Purpose. The RR-A District is intended to provide areas to be utilized for agriculture and agriculture-related uses and low-density residential areas.
   (B)   Lot requirements.
      (1)   Maximum density: 16 lots per 40 acres.
      (2)   Minimum buildable area: 21,500 square feet (single-family).
      (3)   Minimum lot area: 2.5 acres.
      (4)   Minimum lot width: 165 feet.
      (5)   Minimum lot depth: 300 feet.
      (6)   Minimum setback from centerline of:
         (a)   County (CSAH) road: 135 feet.
         (b)   City street: 73 feet.
      (7)   Minimum side yard setback:
         (a)   Principal structure: 40 feet.
         (b)   Accessory structures: 40 feet.
         (c)   Accessory structures 20 feet or 2 times the height of the sidewall of the structure, whichever is greater.
      (8)   Minimum rear yard setback:
         (a)   Principal structure: 50 feet.
         (b)   Accessory structures: 20 feet or 2 times the height of the sidewall of the structure, whichever is greater.
      (9)   Maximum height of structures:
         (a)   Principal structure: 35 feet.
         (b)   Accessory structure: 35 feet.
   (C)   Permitted uses.
      (1)   Single-family dwellings and accessory structures subject to the following provisions:
         (a)   The lot upon which the dwelling is located shall have frontage on a public road, or access approved as part of a conservation subdivision or planned unit development.
         (b)   A dwelling located on a parcel meeting the following conditions: is a single parcel of land currently zoned for residential or commercial purposes of not less than 20 acres and having a width not less than 500 feet and its conveyance does not result in the division of a parcel into 2 or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width, and may be permitted access via a private road easement access strip which is a minimum of 33 feet in width.
      (2)   Horse keeping at a maximum density of 1 horse per 2½ acres or 2 miniature horses per 2½ acres.
      (3)   Agriculture uses, including farm structures which are accessory to agriculture uses.
      (4)   Farm drainage systems, flood control and watershed structures and erosion control devices meeting all county, state and soil conservation service minimum standards.
      (5)   Greenhouse or nursery.
      (6)   Forestry and sod farming.
      (7)   Wildlife areas, forest preserves, public parks owned or operated by a government agency or nonprofit organization, and other open space uses.
      (8)   Temporary or seasonal roadside stands for sale of agricultural products raised on the premises upon which the stand is located, but not to exceed 1 stand per farm.
      (9)   Daycare and residential facilities as required in Flood Insurance Study Chapter 462, as may be amended from time to time.
      (10)   Right-of-way management in accordance with §§ 93.40 through 93.45.
      (11)   Solar energy systems in accordance with § 153.034(D).
   (D)   Conditional uses.
      (1)   Conservation subdivisions in accordance with § 153.074.
      (2)   Golf courses and commercial outdoor recreation areas that are similar to public recreation areas including private campgrounds, golf course and swimming pools.
      (3)   Recreational camping areas in accordance with § 153.009.
      (4)   Churches, chapels, temples, synagogues, and cemeteries.
      (5)   Public parks for active recreation owned or operated by a government agency or nonprofit organization and other open space uses including museums or other buildings of historical significance as determined by the Zoning Administrator.
      (6)   Local government administration and service buildings.
      (7)   Community sewage treatment facilities.
      (8)   Agriculture-oriented businesses such as grain and feed sales, implement sales, implement repair and the processing and packaging of agricultural products.
      (9)   Agriculturally and animal-oriented educational facilities.
      (10)   Commercial wireless telecommunication services, including towers and antennae, provided that towers and antennae do not exceed 199 feet.
      (11)   Rural retail tourism businesses meeting the standards established within § 153.010.
      (12)   Regional pipelines, power transmission lines and towers not exceeding 50 feet in height.
      (13)   Shelter facilities for battered persons operated by a nonprofit organization.
   (E)   Interim uses. 
      (1)   Home occupations in accordance with § 153.033.
      (2)   Bed and breakfast establishments, as a principal or accessory use.
      (3)   Commercial grain storage and drying.
      (4)   Residential kennels, commercial kennels, veterinary clinics and non-profit animal shelters.
      (5)   Keeping, boarding, breeding, feeding, sheltering or training of horses where there is a density of more than 1 horse per 2½ acres or more than 2 miniature horses per 2½ acres.
      (6)   Horse barns as a principal or accessory use, provided that the barn is not intended for use in a commercial equine operation, and contains no residential living quarters and/or sanitary facilities.
      (7)   Temporary equipment placement and operations.
      (8)   Asphalt processing operations, storage and staging.
      (9)   Extraction of minerals, sand, gravel, rock, or any material from the earth.
      (10)   Personal use airstrips that are exempted from direct, individual regulation by the Federal Aviation Administration regulations and standards.
      (11)   Rural retail tourism businesses meeting the standards established within § 153.010.
      (12)   Light construction equipment storage areas associated with a legal home occupation.
(Ord. 2024-9-5, passed 9-10-24)

§ 153.061 RR-I RURAL RESIDENTIAL DISTRICT I.

   (A)   Purpose. The RR-I District is intended to provide a transition area between rural residential agricultural areas and higher density rural residential areas.
   (B)   Lot requirements.
      (1)   Maximum density:
         (a)   Forty lots per 40 acres (single-family).
         (b)   Twenty lots per 40 acres (2-family).
      (2)   Minimum buildable area:
         (a)   Twenty-one-thousand-five-hundred square feet (single-family).
         (b)   One acre (2-family).
      (3)   Minimum lot area: 1 acre.
      (4)   Minimum lot width: 168 feet.
      (5)   Minimum lot depth: 200 feet.
      (6)   Minimum setback from centerline of:
         (a)   County (CSAH) road: 135 feet.
         (b)   City street: 73 feet.
      (7)   Minimum side yard setback:
         (a)   Principal structure: 20 feet.
         (b)   Accessory structure: 10 feet.
      (8)   Minimum rear yard setback:
         (a)   Principal structure: 25 feet.
         (b)   Accessory structure: 10 feet.
      (9)   Maximum height of structures:
         (a)   Principal structure: 35 feet.
         (b)   Accessory structure is not to exceed height of principal structure.
      (10)   Agricultural Buildings are not allowed in RR-I.
   (C)   Permitted uses.
      (1)   Single-family dwellings and accessory structures subject to the following provisions:
         (a)   The lot upon which the dwelling is located shall have frontage on a public road, or access approved as part of a conservation subdivision or planned unit development.
         (b)   A dwelling located on a parcel meeting the following conditions: is a single parcel of land currently zoned for residential or commercial purposes of not less than 20 acres and having a width not less than 500 feet and its conveyance does not result in the division of a parcel into 2 or more lots or parcels, any 1 of which is less than 20 acres in area or 500 feet in width, and may be permitted access via a private road easement access strip which is a minimum of 33 feet in width.
         (c)   Horse keeping at a maximum density of 1 horse per 2½ acres or 2 miniature horses per 2½ acres.
      (2)   Wildlife areas, forest preserves, public parks owned or operated by a government agency or nonprofit organization, and other open space uses.
      (3)   Daycare and residential facilities as required in M.S. Chapter 462, as may be amended from time to time.
      (4)   Right-of-way management in accordance with §§ 93.40 through 93.45.
   (D)   Conditional uses.
      (1)   Two-family dwellings and accessory structures subject to the following provisions:
         (a)   The lot upon which the dwelling is located shall have frontage on a public road, or access approved as part of a conservation subdivision in accordance with § 153.074.
         (b)   A dwelling located on a parcel meeting the following conditions: is a single parcel of land currently zoned for residential or commercial purposes of not less than 20 acres and having a width not less than 500 feet and its conveyance does not result in the division of a parcel into 2 or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width, and may be permitted access via a private road easement access strip which is a minimum of 33 feet in width.
      (2)   Conservation subdivisions in accordance with § 153.074.
      (3)   Golf courses and commercial outdoor recreation areas that are similar to public recreation areas including private campgrounds, golf course and swimming pools.
      (4)   Public parks for active recreation owned or operated by a government agency or nonprofit organization, and other open space uses including museums or other buildings of historical significance.
      (5)   Recreational camping areas in accordance with § 153.009.
      (6)   Churches, chapels, temples, synagogues, and cemeteries.
      (7)   Local government administration and service buildings.
      (8)   Community sewage treatment facilities.
      (9)   Greenhouse or nursery.
      (10)   Forestry and sod farming.
      (11)   Agriculture uses, including farm structures which are accessory to agriculture uses.
      (12)   Agriculture-oriented businesses such as grain and feed sales, implement sales, implement repair and the processing and packaging of agricultural products.
      (13)   Regional pipelines, power transmission lines and towers not exceeding 50 feet in height.
   (E)   Interim uses.
      (1)   Home occupations in accordance with § 153.033.
      (2)   Bed and breakfast establishments, as a principal or accessory use.
      (3)   Art studios.
      (4)   Temporary or seasonal roadside stands for sale of agricultural products raised on the premises upon which the stand is located, but not to exceed 1 stand per parcel.
      (5)   Residential kennels, commercial kennels, veterinary clinics and non-profit animal shelters.
      (6)   Keeping, boarding, breeding, feeding, sheltering or training of horses where there is a density of more than 1 horse per 2½ acres or more than 2 miniature horses per 2½ acres.
      (7)   Extraction of minerals, sand, gravel, rock, or any material from the earth.
      (8)   Personal use airstrips that are exempted from direct, individual regulation by the Federal Aviation Administration regulations and standards.
(Ord. 2024-9-6, passed 9-10-2024)

§ 153.062 RR-II RURAL RESIDENTIAL DISTRICT II.

   (A)   Purpose. The purpose of the RR-II District is to provide a transition area between rural residential agricultural areas and higher density rural residential areas.
   (B)   Lot requirements.
      (1)   Maximum density: 20 lots per 40 acres.
      (2)   Minimum buildable area:
         (a)   Twenty-one-thousand-five-hundred square feet (single-family).
         (b)   One acre (2-family).
      (3)   Minimum lot area: 2 acres.
      (4)   Minimum lot width: 165 feet.
      (5)   Minimum lot depth: 200 feet.
      (6)   Minimum setback from centerline of:
         (a)   County (CSAH) road: 135 feet.
         (b)   City street: 73 feet.
      (7)   Minimum side yard setback:
         (a)   Principal structure: 20 feet.
         (b)   Accessory structure: 40 feet.
         (c)   Accessory structure: 20 feet or 2 times the height of the sidewall of the structure, whichever is greater.
      (8)   Minimum rear yard setback:
         (a)   Principal structure: 25 feet.
         (b)   Accessory structure: 20 feet or 2 times the height of the sidewall of the structure, whichever is greater.
      (9)   Maximum height of structures.
         (a)   Principal structure: 35 feet.
         (b)   Accessory structure not to exceed the height of the principal structure.
   (C)   Permitted uses. 
      (1)   Single-family dwellings and accessory structures are subject to the following provisions:
         (a)   The lot upon which the dwelling is located shall have frontage on a public road, or access approved as part of a conservation subdivision or planned unit development.
         (b)   A dwelling located on a parcel meeting the following conditions: is a single parcel of land currently zoned for residential or commercial purposes of not less than 20 acres and having a width not less than 500 feet and its conveyance does not result in the division of a parcel into 2 or more lots or parcels, any 1 of which is less than 20 acres in area or 500 feet in width, and may be permitted access via a private road easement access strip which is a minimum 2 rods in width.
         (c)   Horse keeping at a maximum density of 1 horse per 2½ acres or 2 miniature horses per 2½ acres.
      (2)   Wildlife areas, forest preserves, public parks owned or operated by a government agency or nonprofit organization, and other open space uses.
      (3)   Daycare and residential facilities as required in M.S. Chapter 462, as may be amended from time to time.
      (4)   Right-of-way management in accordance with §§ 93.40 through 93.45.
   (D)   Conditional uses.
      (1)   Two-family dwellings and accessory structures subject to the following provisions:
         (a)   The lot upon which the dwelling is located shall have frontage on a public road, or access approved as part of a conservation subdivision in accordance with § 153.074.
         (b)   A dwelling located on a parcel meeting the following conditions: is a single parcel of land currently zoned for residential or commercial purposes of not less than 20 acres and having a width not less than 500 feet and its conveyance does not result in the division of a parcel into 2 or more lots or parcels, any 1 of which is less than 20 acres in area or 500 feet in width, and may be permitted access via a private road easement access strip which is a minimum 2 rods in width.
      (2)   Conservation subdivisions in accordance with § 153.074.
      (3)   Golf courses and commercial outdoor recreation areas that are similar to public recreation areas including private campgrounds, golf course and swimming pools.
      (4)   Public parks for active recreation owned or operated by a government agency or nonprofit organization, and other open space uses including museums or other buildings of historical significance.
      (5)   Recreational camping areas in accordance with § 153.009.
      (6)   Churches, chapels, temples, synagogues, and cemeteries.
      (7)   Local government administration and service buildings.
      (8)   Community sewage treatment facilities.
      (9)   Greenhouse or nursery.
      (10)   Forestry and sod farming.
      (11)   Agriculture uses, including farm structures which are accessory to agriculture uses.
      (12)   Agriculture-oriented businesses such as grain and feed sales, implement sales, implement repair and the processing and packaging of agricultural products.
      (13)   Regional pipelines, power transmission lines and towers not exceeding 50 feet in height.
   (E)   Interim uses.
      (1)   Home occupations in accordance with § 153.033.
      (2)   Bed and breakfast establishments, as a principal or accessory use.
      (3)   Temporary or seasonal roadside stands for sale of agricultural products raised on the premises upon which the stand is located, but not to exceed 1 stand per parcel.
      (4)   Residential kennels, commercial kennels, veterinary clinics and non-profit animal shelters.
      (5)   Keeping, boarding, breeding, feeding, sheltering or training of horses where there is a density of more than 1 horse per 2½ acres or more than 2 miniature horses per 2½ acres.
      (6)   Extraction of minerals, sand, gravel, rock, or any material from the earth.
      (7)   Personal use airstrips that are exempted from direct, individual regulation by the Federal Aviation Administration regulations and standards.
(Ord. 2024-9-7, passed 9-10-2024)

§ 153.063 RTC RURAL TRANSIT CENTER DISTRICT.

   (A)   Purpose. The Rural Transit Center District is intended to provide appropriate and centralized support facilities, and retail and service businesses adjacent to the Interstate 35/County Road 17 highway interchange.
   (B)   Lot requirements.
      (1)   Maximum density: 8 lots per 40 acres.
      (2)   Minimum buildable area: 21,500 square feet.
      (3)   Minimum lot area: 5 acres.
      (4)   Minimum lot width: 200 feet.
      (5)   Minimum lot depth: 200 feet.
      (6)   Minimum setback from centerline of:
         (a)   County (CSAH) road: 135 feet.
         (b)   City street: 73 feet.
      (7)   Minimum side yard setback:
         (a)   Principal structure: 10 feet.
         (b)   Accessory structures - AG building: 40 feet.
         (c)   Accessory structures - non-AG building: 10 feet.
      (8)   Minimum rear yard setback:
         (a)   Principal structure: 25 feet.
         (b)   Accessory structure: 10 feet.
      (9)   Maximum height of structures:
         (a)   Principal structure: 35 feet.
         (b)   Accessory structure not to exceed the height of the principal structure.
   (C)   Permitted uses.
      (1)   Single-family dwellings and accessory structures constructed prior to 2011 shall be a permitted and conforming use. No new single-family dwellings shall be permitted. Existing structures shall be subject to the use restrictions as set forth herein.
      (2)   Annual agricultural cropping uses.
      (3)   Right-of-way management in accordance with §§ 93.40 through 93.45.
   (D)   Conditional uses.
      (1)   Public parking and transit facilities, provided:
         (a)   Adequate and appropriate on-site waste treatment, storm water management and water supply systems are utilized.
         (b)   If the site is between 2½ and 10 acres that no more 50% of the site is covered by impervious surfaces.
         (c)   If the site is greater than 10 acres, then no more than 30% of the site is covered by impervious surfaces.
      (2)   Wildlife areas, forest preserves, public parks owned or operated by a government agency or nonprofit organization, and other open space uses.
      (3)   Hospitals, convalescent homes, nursing homes, and medical clinics, where public utilities are available.
      (4)   Superette or convenience grocery stores.
      (5)   Self-service gasoline stations.
      (6)   Automobile service stations.
      (7)   Automobile sales.
      (8)   Drive-in businesses.
      (9)   Restaurants.
      (10)   Hotels and motels.
      (11)   Retail and rental stores.
      (12)   General service and repair businesses.
      (13)   Financial institutions.
      (14)   Offices for professional services.
      (15)   Recreational vehicle sales and service.
      (16)   Commercial wireless telecommunication services, including towers and antennae, provided that towers and antennae do not exceed 199 feet.
      (17)   Cannabis dispensary.
   (E)   Interim uses.
      (1)   Farm structures which are accessory or principle to agricultural uses.
      (2)   Farm drainage systems, flood control and watershed structures and erosion control devices meeting all county, state and soil conservation service minimum standards.
      (3)   Keeping, boarding, breeding, feeding, sheltering or training of horses, where the density does not exceed 1 horse per 2½ acres or 2 miniature horses per 2½ acres.
      (4)   Bed and breakfast establishments as principal or accessory use.
      (5)   Temporary or seasonal roadside stands for sale of agricultural products raised on the premises upon which the stand is located, but not exceed 1 stand per farm.
      (6)   Greenhouse or nursery.
      (7)   Forestry and sod farming.
      (8)   Home occupations in accordance with § 153.033.
      (9)   Daycare and residential facilities as required in M.S. Chapter 462, as may be amended from time to time.
      (10)   Temporary equipment placement and operations.
      (11)   Asphalt processing operations, storage and staging.
      (12)   Light construction equipment storage areas.
      (13)   Other uses as deemed appropriate by the Planning Commission or City Council.
   (F)   Prohibited uses. Any uses posing a real or potential hazard or threat to public health, safety or welfare, and uses not specified as permitted or conditional uses shall be prohibited.
   (G)   Development standards.
      (1)   Principal structure exterior building materials. All exterior wall finishes on any building shall be 1 of or a combination of the following materials:
         (a)   Face brick.
         (b)   Stucco.
         (c)   Glass.
         (d)   Wood, provided the surfaces are finished for exterior use.
         (e)   Natural stone.
         (f)   Specifically designed pre-cast concrete units with decorative material/texture.
         (g)   Metal paneling only when paired with 1 or more of the other approved materials outlined above.
         (h)   The following exterior materials are prohibited: unadorned pre-stressed upright concrete panels, unfinished concrete block, galvanized or unfinished steel, galvalume or unfinished aluminum building (wall or roofs), pole-type materials, and any face materials which rapidly deteriorate or become unsightly are not permitted as primary exterior building materials.
      (2)   Principal structure architectural standards.
         (a)   All structures shall have boxed eaves including soffit and fascia.
         (b)   Articulation of the front customer entry.
         (c)   Requirements for the side of the building that directly faces a public road right-of-way. A minimum of 15% of the façade facing the public right-of-way shall be glass.
         (d)   Accent materials for decorative trims shall consist of materials comparable in grade and quality to the primary exterior materials.
         (e)   Buildings shall be designed with a definable base, middle, and top. Cornices and parapets are encouraged to define these sections of the building.
         (f)   Facades of buildings that total more than 10,000 square feet shall be visually broken into bays to avoid the appearance of large, blank walls. Visual breaks in the façade shall be accomplished by alterations in the plain of the façade; height of the façade; changes in materials, color texture, or pattern; and/or the addition of columns, pilasters, and/or windows.
      (3)   There shall be no off-street parking or outside sales and display within 20 feet of any street right-of-way.
      (4)   Open and outdoor storage areas shall be located in the rear yard or behind the principal structure and be screened from view from adjacent public right-of-way and adjacent properties.
      (5)   All signage shall comply with the sign ordinance as shown in § 153.090.
      (6)   Customer parking areas, loading areas, driveways, and traffic maneuvering areas shall be surfaced with concrete or blacktop and finished with continuous concrete curbing as recommended by the township engineer and reflected on an approved site plan. Any site proposing to install any of the above-named site improvements is subject to the site plan review process established within the township ordinance. Auxiliary parking or overflow parking areas may be surfaced with compacted aggregate, concrete, or blacktop.
      (7)   Minimum site landscaping requirements.
         (a)   All open space areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, ornamental trees, shrubs, flowers, ground cover, decorative walks, or other similar site design materials in a quantity and placement suitable for the site. A reasonable attempt should be made to preserve as many existing trees as is practicable and to incorporate them into the development.
         (b)   Number of plantings. The minimum number of overstory trees on any given site shall be as indicated below. These are minimum requirements that are typically supplemented with other understory trees, shrubs, flowers and ground covers deemed appropriate for a complete quality landscape treatment of a site. The complement of trees fulfilling the requirements of this section shall be not less than 25% deciduous and not less than 25% coniferous.
 
Type of Planting
Standard
Deciduous/coniferous trees
1 per 50 lineal feet of site perimeter, or 1 tree per 1,000 square feet of building. Building expansions require 1 additional tree for each 1,000 square feet of additional building area
Shrubs
1 per 50 feet of site perimeter or 1 per 500 square feet of building footprint area, whichever is greater
Trees along public right-of-way
For every 50 feet of public road frontage, 1 overstory tree shall be planted on the private property adjacent to the public road right-of-way. Trees shall be planted so that at maturity they do not interfere with roadway sight lines
 
      (c)   Minimum size of plantings. Landscape material shall be of the following minimum planting size:
 
Landscape Material
Minimum Planting Size
Deciduous trees
2.5 inches diameter as measured 3 feet above the ground
Coniferous trees
6 feet in height
Deciduous shrubs
2 feet in height
Evergreen shrubs
2 feet in height
Ornamental trees
1.5 inches diameter as measured 3 feet above the ground
 
(Ord. 2024-9-8, passed 9-10-2024)

§ 153.064 RBO RURAL BUSINESS OVERLAY DISTRICT.

   (A)   Purpose. The purpose of the Rural Business Overlay District is to provide additional opportunities for businesses or new commercial development that generally blend in with the surrounding rural residential land uses. Such home occupations may require a special exception to standards outlined in § 153.033(D).
   (B)   District application. The Rural Business Overlay District is established on properties with roadway frontage on either side of Forest Boulevard, beginning 340th Street and continuing to the northern border of Lent Township at 360th Street.
   (C)   Permitted uses. Permitted, interim and conditional uses shall be identical to those allowed in the underlying zoning district.
   (D)   Lot size. Lot area requirements shall meet the minimums of those established in the underlying zoning district.
   (E)   Lot width. Lot width requirements shall meet the minimums of those established in the underlying zoning district.
   (F)   Additional standards. Special exceptions for home occupations require a use permit as specified in § 153.060(D) and (E). Special exceptions for home occupations must comply with performance standards as outlined in this section:
      (1)   Conduct of the home occupation does not require alterations to the exterior of the residence which substantially alters the appearance of the dwelling as a residence.
      (2)   Signage shall consist of no more than 1 single or double-faced sign with a maximum area of 8 square feet per side in the Rural Residential District.
      (3)   Should the home occupation be for repair or manufacturing, the items being repaired or manufactured shall be of a size or nature where the activity can take place within the home, or an accessory structure to the principal use as allowed by this section.
      (4)   Home occupations may be conducted in an accessory structure provided that the use can comply with all building and fire codes.
      (5)   The home occupation shall not generate sewage of a nature or type that cannot be treated by a standard on-site sewage system or hazardous wastes without an approved plan for off-site disposal.
      (6)   The number of daily customers for each home occupation shall be limited to ensure the operation will not create a nuisance based on factors such as the proposed use and the lot size upon which the home occupation is located.
      (7)   The number of daily vehicle trips generated by each operation shall be limited to ensure the operation will not create a nuisance based on factors such as the number of customers, and the traffic flow in the area.
      (8)   If the home occupation will require a delivery service, such as UPS, no more than 10 delivery/pickup trips per week shall be permitted.
      (9)   All off-street parking generated by the home occupation shall be provided on a concrete, bituminous, or gravel surface in or adjacent to the driveway.
      (10)   Between the hours of 7:00 p.m. and 7:00 a.m., no customers or employees who do not reside on the site may be at the site.
      (11)   No business operations occurring outside of the main dwelling are permitted outside of the hours of 7:00 p.m. and 7:00 a.m.
      (12)   The limited operation of an approved wholesale or retail business is allowed.
(Ord. 2024-9-9, passed 9-10-2024)

§ 153.065 NRP NATURAL RESOURCE PRESERVATION DISTRICT.

   (A)   Purpose. To ensure that the lands encompassed by the Carlos Avery State Wildlife Management Area remain in an undeveloped and natural state in perpetuity.
   (B)   Permitted uses.
      (1)   Open space uses consistent with the management plans, goals and objectives established by the Minnesota Department of Natural Resources for the Carlos Avery State Wildlife Management Area.
      (2)   Right-of-way management in accordance with §§ 93.40 through 93.45.
   (C)   Conditional uses.
   (D)   Prohibited uses. Any uses posing a real or potential hazard or threat to public health, safety or welfare, and uses not specified as permitted or conditional uses shall be prohibited.
   (E)   Signs in the Natural Preservation District. No signs shall be permitted within the Natural Preservation District, except signs erected by federal, state, county, or city governments for transportation and safety purposes and signs erected or authorized by the Minnesota Department of Resources.
   (F)   Amendment prohibited. It is the intent of the city to prohibit any amendment to the land use regulations or re-delineation of the boundary of the Natural Resource Preservation District that would result in:
      (1)   The subdivision of the lands within the Carlos Avery State Wildlife Management Area, regardless of the present or future ownership of those lands.
      (2)   The establishment of any commercial, industrial or residential development within the Carlos Avery State Wildlife Management Area, regardless of the present or future ownership of those lands.
      (3)   The diminishment of the physical boundaries of the Natural Resource Preservation District as they have originally been established at the time this section is adopted.
(Ord. 2024-9-10, passed 9-10-2024)