1.

Purpose.

a.

Protect areas that have potential flood hazard.

b.

Provide those areas prone to flooding the legal designation necessary to receive national flood insurance.

c.

Provide protection to areas adjacent to designated flood plains.

2.

Authority, interpretation and requirements.

a.

Authority. The legislature of the state has, in M.S. Chapter 103F and M.S. § 462.351, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

b.

Official flood plain maps. The official zoning districts map of the City shall delineate the 100 year flood hazard areas. The flood insurance study for Pennington County, Minnesota and Incorporated Areas, prepared by the Federal Emergency Management Agency dated May 3, 1990 and the Flood Insurance Rate Map dated May 3, 1990 (annotated by the Letter of Map Revision issued by the Federal Emergency Management Agency, Case No. 14-05-0815P, with an effective date of September 18, 2014, including all attached maps, tables, and flood profiles) are incorporated into this Section. The official zoning map shall be on file in the office of the Zoning Administrator.

c.

Notification. The zoning administrator shall submit by mail to the commissioner of natural resources a copy of any application for proposed variances or zoning amendments affecting the flood plain district sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting variances or zoning amendments within the flood plain district shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action.

d.

Structures. Structures shall not be permitted within the flood plain district other than for public facilities which public facilities must receive prior approval of appropriate state agencies.

3.

Permitted uses.

a.

Agriculture: forestry, general farming, pasture, and truck farming.

b.

Recreation: archery courses, golf courses, picnic grounds, public and private parks, and wildlife preserves.

4.

Accessory uses.

a.

Signs accessory to permitted agricultural and recreation uses.

b.

Business signs for surface water-oriented commercial uses.

(Ord. No. 144, § 1, 12-6-22; Res. No. 09.186.25, (Exh.A), 9-2-25)

1.

Purpose.

a.

Establish areas of the city to be retained and utilized for open space or agricultural uses.

b.

Prevent scattered nonfarm uses from improper or premature development.

c.

Secure economy in government expenditures for public utilities and services.

d.

Preserve and enhance the natural environment as land becomes urbanized.

2.

Permitted uses.

a.

Agricultural forestry, forest management, general cultivation farming, pasture, and truck farming.

b.

Other: home occupation, sensitive resource management, and single-family dwellings.

3.

Conditional uses.

a.

Commercial agricultural.

b.

Commercial recreation.

c.

Extractive uses to include only gravel, sand, and topsoil.

d.

Feedlots.

e.

Kennels and veterinary clinics.

f.

Public: cemeteries, essential services, parks, and historic sites.

g.

Seasonal produce stands and commercial nurseries.

4.

Accessory uses.

a.

Boat docks and water-oriented accessory structures.

b.

Fences.

c.

Garages.

d.

Horticultural uses where no sale of products is conducted on the site.

e.

Satellite dishes.

f.

Signs.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply except as follows:

i.

Setbacks for the following uses located within the shoreland shall be not less than:

ii.

Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is one adjacent structure, the minimum front yard setback shall be the average of the adjacent structure and the required setback. In no case shall the front yard setback be less than 15 feet; and

iii.

A water-oriented accessory structure may be located on the lot at less setback in conformance with this chapter.

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

1.

Purpose. The purpose of this district is to:

a.

Provide the city with open space and natural areas for recreation;

b.

Provide for aesthetic quality within the city; and

c.

Provide areas for a public service to the city.

2.

Permitted uses.

a.

Flood prevention structures: dams, dikes, and spillways.

b.

Recreational: bandstands, game and sport areas, nature study areas, pavilions, picnic shelters, recreational equipment, swimming pools, and trails.

c.

Sale of alcohol and food, auctions and sales, conventions, and trade shows at locations authorized by the council.

3.

Conditional uses.

a.

Boat and canoe rentals.

b.

Cemeteries.

c.

Fairgrounds.

d.

Temporary food stands.

e.

Publicly-owned marinas.

f.

Publicly-owned recreational camping areas.

4.

Accessory uses.

a.

Bathhouses.

b.

Fences.

c.

Parking lots complimentary to the principal use.

d.

Signs.

e.

Temporary buildings for public use.

f.

Watercraft access ramps, boat docks, and water-oriented accessory structures.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply except as follows:

i.

Setbacks for the following uses located within the shoreland shall be not less than:

ii.

A water-oriented accessory structure may be located on the lot at less setback in conformance with this chapter.

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

The general purposes of the residential districts are the following:

1.

To preserve and enhance the existing living qualities of residential neighborhoods;

2.

To insure future high-quality neighborhoods;

3.

To increase convenience and comfort by providing usable open space and recreational areas;

4.

To prevent alterations or additions to structures and uses which would damage the character or living desirability of existing residential neighborhoods;

5.

To protect residential neighborhoods from abnormal traffic volumes; and

6.

To encourage a variety of dwelling types, subdivision design, and population densities consistent with the comprehensive plan.

1.

Purpose. The purpose of this district is as follows:

a.

Low-density development as an extension of existing residential area; and,

b.

Allow low-density development of two to four dwelling units per acre.

2.

Permitted uses.

a.

Cultural and educational: Nursery schools and day care facilities of up to 12 persons.

b.

Recreational: publicly-owned recreational uses and historic sites.

c.

Residential: single-family dwellings and home occupations.

3.

Conditional uses.

a.

Boat and canoe rental and temporary food stands on publicly-owned lots.

b.

Cultural and educational: colleges, day care facilities for 13 or more persons, dormitories, libraries, public and private schools, and public museums.

c.

Health and social: hospitals, nursing homes, and retirement homes.

d.

Neighborhood businesses: permitted uses of a C-1 district, provided they are arranged and designed to be a functional and harmonious part of a residential neighborhood and are located on identified arterial or collector streets and are located at the corners of blocks, and bed and breakfast inns.

e.

Public: essential services, fire stations, and police stations.

f.

Recreational: accessory buildings, athletic fields, golf courses, and neighborhood pools.

g.

Religious cemeteries, churches, convents, monasteries, masques, nunneries, seminaries, synagogues and temples.

h.

Residential: one accessory apartment per dwelling unit, two-family dwellings on corner lots, and planned unit developments.

4.

Accessory uses.

a.

Boat docks and water-oriented accessory structures.

b.

Fences.

c.

Parking lots complimentary to the principal use.

d.

Private garages.

e.

Recreational equipment.

f.

Satellite dishes.

g.

Signs.

h.

Storage buildings, complimentary to the principal use and not exceeding 150 square feet.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply except as follows:

i.

Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is one adjacent structure, the minimum front yard setback shall be the average of the adjacent structure and the required setback. In no case shall the front yard setback be less than 15;

ii.

Buffers and essential services shall have no setback requirements and parking lots shall have no setback requirements except in shoreland;

iii.

Additional yard requirements for signs are set forth in this chapter.

iv.

Setbacks for the following uses located within the shoreland shall be not less than:

v.

A water-oriented accessory structure may be located on the lot at less setback in conformance with this chapter.

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

1.

Purpose. The purpose of this district is to allow medium density development of five to eight dwelling units per acre with a broad range of housing types.

2.

Permitted uses.

a.

General. All permitted uses of the R-1 district.

b.

Residential. Accessory apartments and two-family dwellings.

3.

Conditional uses.

a.

General. All conditional uses of the R-1 district.

b.

Residential. Multi-family dwellings, including townhouses and condominiums, provided that there are no more than four units in a row or in a single building and provided that they are developed on an identified arterial or collector street.

4.

Accessory uses. All accessory uses of the R-1 district.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures.

If there is one adjacent structure, the minimum front yard setback shall be the average of the adjacent structure and the required setback. In no case shall the front yard setback be less than 15 feet;

ii.

Where a detached accessory building, with a sidewall height of 10 feet or less, is located entirely within the rear one-half of a lot, the interior side yard setback for that accessory building may be three feet;

iii.

Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland;

iv.

Additional yard requirements for signs are set forth in this chapter;

v.

Setbacks for the following uses located within the shoreland shall not be less than:

vi.

A water-oriented accessory structure may be located on the lot at less setback in conformance with this chapter; and

vii.

The lot area shall not be less than 6,000 square feet for each dwelling unit in a multiple family structure having four dwelling units or less and an additional 750 square feet for each dwelling unit over four dwelling units.

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

(Ord. No. 107, 3 ^rd Series 5-1-18)

1.

Purpose. The purpose of this district is to allow higher density residential areas with smaller dwelling units and a broad range of housing types.

2.

Permitted uses.

a.

General. All permitted uses of the R-2 district.

b.

Manufactured home parks.

c.

Manufactured home subdivisions.

3.

Conditional uses. All conditional uses of the R-2 district.

4.

Accessory uses. All accessory uses of the R-2 district.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is one adjacent structure, the minimum front yard setback shall be the average of the adjacent structure and the required setback. In no case shall the front yard setback be less than 15;

ii.

Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland;

iii.

Additional yard requirements for signs are in this chapter;

iv.

Setbacks for the following uses located within the shoreland shall not be less than:

v.

A water-oriented accessory structure may be located on the lot at less setback in conformance with this chapter; and,

vi.

Lot area: not less than 6,000 square feet for each dwelling unit in a multiple-family structure having four dwelling units or less and an additional 750 square feet for each dwelling unit over four dwelling units.

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

1.

Purpose. The purpose of this district is to allow areas of multi-family use at higher densities of nine to 19 dwelling units per acre for both permanent and transient families. It is appropriate only in areas served by adequate public utilities, immediate accessibility to arterial or collector streets, and public services.

2.

Permitted uses.

a.

Health. Convalescent homes, nursing homes, orphanages and retirement homes.

b.

Residential. Apartments, condominiums, cooperatives, duplexes and townhouses.

3.

Conditional uses.

a.

General. All conditional uses of the R-2 district.

b.

Residential. Single-family and two-family dwellings.

4.

Accessory uses. All accessory uses of the R-2 district.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

Lot area. Not less than 3,000 square feet for each of the first four dwelling units and 2,000 square feet for each dwelling unit thereafter in a multi-family structure. This is subject to the minimum 18,000 square feet requirement set forth in paragraph (1) general yard requirements above. All lots with multi-family dwelling units shall have a maximum impervious coverage of 40 percent or up to 60 percent with a conditional use permit.

ii.

Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is one adjacent structure, the minimum front yard setback shall be the average of the adjacent structure and the required setback. In no case shall the front yard setback be less than 15;

iii.

Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland;

iv.

Signs. Additional yard requirements for signs are in this chapter;

v.

Setbacks for the following uses located within the shoreland shall not be less than:

vi.

A water-oriented accessory structure may be located on the lot at less setback in conformance with this chapter.

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

(Ord. No. 83, 3 ^rd Series 10-19-15)

1.

Structure height. Structures within shoreland shall be limited to 30 feet in height. Structures outside of shoreland shall be limited to 25 feet in height at the lowest point of egress for persons on the top floor of the structure and in no case, more than 47 feet in height at the structure peak.

A conditional use permit may be requested to exceed the above height limitations provided that:

a.

The fire chief and building official have approved;

b.

The height of the structure will not destroy the scenic view, will not shut off light or air to surrounding properties, or otherwise be detrimental to the public; and

c.

Structures over the above 30-foot or 25-foot height limitations shall provide an additional 5-feet of side yard for each 5-feet in height over the above 30-foot or 25-foot height limitations, respectively.

2.

Minimum dwelling size.

a.

Single-family and two-family dwellings located in the R-1, R-2, and R-4 districts shall provide not less than 950 square feet of gross floor area per dwelling unit, shall be not less than 20-feet wide at the narrowest point, and shall be affixed to a permanent foundation as defined in the state building code. In addition to the requirements of the state building code, the permanent foundation, whether masonry, concrete, or treated wood, shall be constructed as continuous walls, which walls shall not have any openings except as required by the state building code or for windows.

b.

Single-family and two-family dwellings located in R-3 district shall provide 720 square feet of gross floor area per dwelling unit and shall be 12-feet wide at the narrowest point.

c.

Multi-family dwellings having four or more units shall provide a minimum of 330 square feet of gross floor area per living unit.

3.

Accessory buildings.

a.

Maximum floor area. The combined maximum floor area of all accessory buildings located on parcels having a lot area up to 20,000 square feet shall not have a combined maximum floor area of all accessory buildings in excess of 1,500 square feet in R-1, R-2, and R-3 Districts. Parcels having a lot area exceeding 20,000 square feet shall not have a combined maximum floor area of all accessory buildings in excess of 2,000 square feet in R-1, R-2 and R-3 Districts.

b.

Maximum side wall height. Maximum side wall height shall be 11 feet in height. It shall be allowable to have one accessory building of up to a maximum of 775 square feet in floor area which may have side walls of up to 12 feet in height. There shall be no home occupation or commercial business in any accessory building with side walls in excess of 11 feet in height.

4.

Multiple-family standards (apartments, condominiums, cooperatives, and townhouses).

a.

Shall be located on arterial or collector streets or in areas specifically designed for high density development.

b.

May be placed as buffers in appropriate zoning districts between less dense residential uses and nonresidential uses.

c.

Each multiple-family development containing four or more dwelling units shall have a recreation area. The size and equipment provided shall be determined with the assistance of the parks and recreation division.

d.

Sidewalks shall be provided from parking areas, trash collection areas, and recreation areas to a principal building.

e.

A multiple-family development shall have a front yard setback on any abutting street.

5.

Supplemental lot regulations.

a.

A single-family dwelling may be erected on a lot in the R-1 district having less than the minimum required area and width, provided the lot existed by virtue of a recorded plat or deed existing prior to September 26, 1967. In no event shall a single-family dwelling be erected on a lot less than 7,000 square feet in area or less than 50 feet in width measured at front building line.

b.

A single-family dwelling may be erected on a lot in the R-2 district having less than the minimum required area and width, provided the lot existed by virtue of a recorded plat or deed existing prior to September 26, 1967. In no event shall a single-family dwelling be erected on a lot less than 5,000 square feet in area or less than 40 feet in width measured at front building line.

6.

Lighting. Lighting used to illuminate a nonresidential use or sign shall be arranged so as to deflect light away from adjoining residential property.

7.

Planned unit development (residential). The placing of residential dwelling units into compact groupings may be permitted in any residential district following the completion and approval of a preliminary and final plat for a planned unit development.

a.

Common open space may be preserved as open recreation space for recreational facilities or for preservation of natural or scenic resources.

b.

Except for height limitations for the district in which the development is proposed, altered dimensional standards may be allowed as exceptions to this chapter for a planned unit development, provided that:

i.

The planned unit development shall not increase the overall density as regulated by the requirements of the district in which it is located;

ii.

A minimum of 40 percent of the site shall be kept in its natural state or utilized for recreation; and,

iii.

Planned unit developments shall be two continuous acres or more in area.

8.

Bed and breakfast inns.

a.

Prior to applying for a conditional use permit for a bed and breakfast inn, an applicant shall cause the fire marshal to inspect the premises and the fire marshal's report shall accompany the application for a conditional use permit.

b.

The location and operation of the bed and breakfast inn shall comply with the following:

i.

The inn shall be licensed for a specific number of guest rooms not to exceed four in number;

ii.

The inn shall be a owner occupied single-family dwelling having a minimum of 2,000 square feet of residential floor area. The owner must reside on the premises and be the operator of the inn;

iii.

No cooking facilities shall be permitted in any guest room and meals provided by the operator shall be served only to registered overnight guests, subject to subsection (ix) below;

iv.

Off-street parking shall be provided in accordance with the parking requirements of this chapter; provided, that in no event shall there be less than one off-street parking space per guest room, subject to subsection (ix) below;

v.

There shall be a minimum distance of 350 feet between each inn as measured between the nearest lot lines;

vi.

An on-premises sign advertising an inn located in any zoning district shall be limited to three square feet in area, shall be located on the building, shall be consistent with the character of the building, and shall be limited to identifying not more than the name and address of the inn. There shall be only one such sign per inn which may not be illuminated;

vii.

All inns shall comply with applicable state health and building code requirements;

viii.

No other commercial enterprise, including a home occupation, shall be operated in the inn, subject to subsection (ix) below; and,

ix.

An inn shall be allowed to serve meals to other than registered overnight guests upon the following conditions:

A.

The conditional use permit shall specifically allow this use and set parameters consistent with this subsection;

B.

Meals are served only to those who have advanced reservations;

C.

No more than ten persons may be seated for meals at any one time; and,

D.

One parking stall for every two dining seats shall be provided on site, in addition to the parking required by subsection (iv) above.

9.

Temporary storage containers and semi-trailers.

a.

The use of a temporary storage container/semi-trailer is prohibited in residential districts, C-1, C-3 and C-4, except in accordance with the following:

i.

The scope of this section, with respect to semi-trailers, is limited to the use of such trailers for storage when they are disconnected from a truck tractor. This section does not apply to the handling of semi-trailers when connected to a truck tractor.

b.

A temporary storage container/semi-trailer may be used to support construction activities occurring on the same property, subject to the following conditions:

i.

No more than a combined total of two temporary storage containers/semi-trailers are to be located on a property in R-1 , R-2, R-3, C-1, C-3 and C-4 zoning districts.

ii.

The temporary storage container/semi-trailer may only be on the property while the construction activities are occurring on the same property.

iii.

A current building permit has been issued for the construction activities.

iv.

The temporary storage container/semi-trailer is removed within seven (7) calendar days after completion of construction or the expiration of the building permit, whichever occurs first.

v.

A temporary storage container/semi-trailer for the limited purpose of temporary storage to accommodate a move, a remodeling project, or the clean-up of a casualty loss may be on a property for no more than fifteen (15) consecutive days in a calendar year.

(Ord. No. 68, 3 ^rd Series 9-16-14; Ord. No. 78, 3 ^rd Series 7-7-15; Ord. No. 100, 3 ^rd Series 7-5-17; Ord. No. 129, 3^rdSeries, § 1, 11-3-20; Ord. No. 130, 3^rdSeries, § 2, 12-15-20)

The purpose of the nonresidential districts is as follows:

1.

Group compatible commercial and industrial land uses;

2.

Promote quality commercial and industrial development that will minimize land use, traffic, and environmental conflicts;

3.

Encourage the development of commercial and industrial sites that produce an attractive image through architecture and landscaping; and,

4.

Encourage commercial and industrial developers to provide for the capital improvements necessary to service the development.

1.

Purpose. The neighborhood business district is intended for business establishments for use by persons residing in adjacent residential areas. Uses within the district shall not attract community-wide consumer traffic.

2.

Permitted uses. Retail: barber or beauty shops, grocery stores without gas pumps. All uses shall not exceed 3,000 square feet in gross floor area.

3.

Conditional uses.

a.

Retail. Barber or beauty shops, grocery stores with or without gasoline sales, and office buildings. All uses shall not exceed 5,000 square feet in gross floor area.

b.

Signs. Freestanding business signs.

4.

Accessory uses.

a.

Accessory buildings.

b.

Essential services.

c.

Fences.

d.

Parking lots.

e.

Satellite dishes.

f.

Signs.

5.

Yard requirements.

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

(Ord. No. 19, 3 ^rd Series)

1.

Purpose. The general business district is intended for business establishments that offer a wide variety of goods and services to customers from a large trade area.

2.

Permitted uses.

a.

Commercial service: buses, cabs, clinics, commercial trade or business schools, dry cleaning, financial institutions, hospitals, medical laboratories, laundries, mortuaries, motels, hotels, radio and television studios, and train stations.

b.

Entertainment: private clubs, restaurants, and theaters.

c.

Personal services: barbers, beauticians, and shoe repair.

d.

Professional services: accountants, attorneys, dentists, doctors, engineers, financial consultants, insurance, realtors, and travel bureaus.

e.

Public services: armories, fire stations, government offices, libraries, parks, police stations, public buildings, and publicly-owned parking lots.

f.

Wholesale and retail: apparel, appliances, video, automobile sales, automobile service station and repair garage, bakeries, beverage, book, candy, carpet, hardware, jewelry, lumber yards, motels, music, office supply, nursery stock, plumbing and heating wholesale showrooms, and variety stores.

g.

Religious: churches, convents, monasteries, mosques, nunneries, seminaries, synagogues, temples, and all other religious institutions or places of religious assembly.

h.

Storage facilities.

3.

Conditional uses.

a.

Retail and wholesale: agricultural implement dealerships, beer and liquor establishments (on and off sale), lumber yards, manufactured home sales lots, pet and animal shops or clinics, shopping centers, and taxidermists.

b.

Commercial services: delivery and express businesses.

c.

Publicly-owned recreational camping areas and privately-owned recreational camping areas.

d.

Surface water-oriented commercial uses.

e.

Car and truck wash business.

f.

Owner occupied residential use with a maximum of 330 square feet on the ground floor. Any larger residential use is required to be above the ground floor. All conditions in City Code section 152.027 and 152.028 apply.

4.

Accessory uses.

a.

Accessory buildings and structures, including surface water-oriented structures accessory to commercial uses.

b.

Buffers.

c.

Essential services.

d.

Fences.

e.

Loading areas.

f.

Parking lots.

g.

Satellite dishes.

h.

Signs.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

Principal buildings in excess of 3,000 square feet of gross floor area shall have a minimum lot area equal to two and a half times the gross floor area of the principal buildings;

ii.

General business uses adjacent to a frontage street shall have a front yard setback of no less than 25 feet beginning at the interior edge of the frontage street;

iii.

Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland;

iv.

Signs: additional yard requirements for signs are set forth in this chapter; and,

v.

Setbacks for the following uses located within the shoreland shall not be less than:

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

(Ord. No. 85, 3 ^rd Series 1-5-16; Ord. No. 136, 3^rdSeries, § 1, 4-4-21; Ord. No. 122, 3^rdSeries, § 1, 3-3-20)

1.

Purpose. The central business district recognizes the existing downtown development and the need for future expansion, rehabilitation, and redevelopment.

2.

Permitted uses.

a.

Commercial services: buses, cabs, clinics, commercial trade or business schools, dry cleaning, financial institutions, hospitals, medical laboratories, laundries, mortuaries, motels, hotels, radio and television studios, and train stations.

b.

Entertainment: private clubs, restaurants, and theaters.

c.

Personal services: barbers, beauticians, and shoe repair.

d.

Professional services: accountants, attorneys, dentists, doctors, engineers, financial consultants, insurance, realtors, and travel bureaus.

e.

Public services: armories, fire stations, government offices, libraries, parks, police stations, public buildings, and publicly-owned parking lots.

f.

Retail: apparel, appliance, video, automobile parts, bakeries, beverage, book, candy, carpet, department, drugs, fabric, flower, furniture, grocery, hardware, jewelry, music, office supply, and variety stores.

g.

Religious: churches, convents, monasteries, mosques, nunneries, seminaries, synagogues, temples, and all other religious institutions or places of religious assembly.

3.

Conditional uses.

a.

Educational: day care centers, nursery schools, and public and private schools.

b.

Residential: multi-family dwellings of at least three stories and not exceeding 60 feet in height nor less than four units per structure and apartments over commercial units.

c.

Retail: pet stores, excluding kennels.

d.

Services: automobile sales, automobile service station and repair garage, on/off sale liquor establishments, printing, publishing, and wholesale outlets.

e.

Shopping centers.

f.

Surface water-oriented commercial uses.

g.

Car and truck wash business.

4.

Accessory uses.

a.

Accessory buildings and structures, including surface water-oriented structures accessory to commercial uses.

b.

Buffers.

c.

Essential services.

d.

Fences.

e.

Loading areas.

f.

Parking lots.

g.

Satellite dishes.

h.

Signs.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

Multi-family units.

A.

Lot area. Not less than 6,000 square feet of lot area for each dwelling unit in a multiple-family structure having four dwelling units or less and an additional 750 square feet for each dwelling unit over four dwelling units, except this shall not apply to apartments over commercial units.

B.

Recreational area. Each multiple-family development containing four or more dwelling units shall have a recreation area. The size and equipment provided shall be determined with the assistance of the parks and recreation division. This shall not apply to apartments over commercial units.

ii.

Buffers. Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland;

iii.

Signs. Additional yard requirements for signs are set forth in this chapter; and,

iv.

Setbacks. Setbacks for the following uses located within the shoreland shall not be less than:

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

(Ord. No. 136, 3^rdSeries, § 2, 4-4-21)

1.

Purpose. The downtown fringe district is intended to establish a transition area between the C-3 district and adjacent residential districts.

2.

Permitted uses.

a.

General. All permitted uses of the C-3 district with commercial buildings not to exceed 3,000 square feet in gross floor area.

b.

Residential. Condominiums, cooperatives, duplexes, single-family dwellings, townhouses, and multi-family dwellings not to exceed 35 feet in height.

3.

Conditional uses.

a.

All permitted uses of the C-3 district with commercial buildings not to exceed 5,000 square feet in gross floor area.

b.

Churches and philanthropic institutions.

c.

Educational: daycare centers, nursery schools, and public and private schools.

d.

Residential: multi-family dwellings not to exceed 60 feet in height, nor less than four units per structure and apartments over commercial units.

e.

Services: automobile service stations and repair garages, printing, and wholesale outlets.

4.

Accessory uses. All accessory uses permitted in the R-2 district and C-3 district.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

The rear yard setback for private garages shall not be less than ten feet from the rear lot line;

ii.

Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland;

iii.

Multi-family:

A.

Lot area. Not less than 6,000 square feet of lot area for each dwelling unit in a multiple-family structure having four dwelling units or less and an additional 750 square feet for each dwelling unit over four dwelling units, except this shall not apply to apartments over commercial units;

B.

Recreational area. Each multiple-family development containing four or more dwelling units shall have a recreation area. The size and equipment provided shall be determined with the assistance of the parks and recreation division. This shall not apply to apartments over commercial units;

iv.

Signs: additional yard requirements for signs are set forth in this chapter; and,

v.

Setbacks for the following uses located within the shoreland shall not be less than:

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

1.

Purpose. The light industrial district is intended to permit uses that are free from objectionable influence. The uses are limited to wholesaling, light manufacturing, and related uses which can be carried on in an unobtrusive manner and which would not be considered detrimental to an adjacent lower intensity district or to shoreland. Uses within this district shall be conducted wholly within buildings, except storage, which must be fully screened in a manner acceptable to the zoning administrator.

2.

Permitted uses.

a.

Light manufacture: fabrication and assembly of books, cameras and photographic equipment, confectionary supplies, electronic equipment and supplies, footwear, luggage, medical equipment and supplies, office furniture and supplies, sports equipment, and telephone/telegraph equipment and supplies.

b.

Wholesaling: warehousing and wholesale business facilities.

3.

Conditional uses.

a.

Engineering offices requiring storage for larger equipment.

b.

Motor freight terminals.

c.

Towers.

4.

Accessory uses.

a.

Accessory buildings and structures.

b.

Buffers.

c.

Essential services.

d.

Fences.

e.

Loading areas.

f.

Parking lots.

g.

Satellite dishes.

h.

Signs.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

Buffers and essential services shall have no setback requirements, and parking lots shall have no setback requirements except in shoreland;

ii.

Signs. Additional yard requirements for signs are set forth in this chapter; and,

iii.

Setbacks for the following uses located within the shoreland shall not be less than:

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

(Ord. No. 21, 3 ^rd Series; Ord. No. 22, 3 ^rd Series)

1.

Purpose. The general industrial district is intended to provide for the establishment of a heavy industrial and manufacturing district which because of the nature of the product or character of activity requires isolation from residential, agricultural, or commercial uses.

2.

Permitted uses.

a.

General: all fabricating, manufacturing, production, processing, or warehousing of materials, goods, and products, except as provided in division (3)(a) of this section.

b.

Wholesale uses.

c.

Shoreland: no permitted uses in shoreland.

3.

Conditional uses.

a.

Uses which are objectionable by reason of odor, dust, smoke, gas, vibration, or noise, such as salvage yards, distillation operations, fertilizer manufacture, and food processing.

b.

Shoreland: no conditional uses in shoreland.

c.

Crematories.

d.

Towers.

e.

Engineering offices requiring storage for larger equipment.

4.

Accessory uses.

a.

Accessory buildings and structures.

b.

Buffers.

c.

Essential services.

d.

Fences.

e.

Loading areas.

f.

Parking lots.

g.

Satellite dishes.

h.

Signs.

5.

Yard requirements.

a.

General yard requirements.

b.

Nongeneral yard requirements. The above general yard requirements shall apply, except as follows:

i.

Accessory buildings shall not be permitted in shoreland;

ii.

Signs. Additional yard requirements for signs are set forth in this chapter; and,

iii.

Setbacks for the following uses located within the shoreland shall not be less than:

6.

Additional restrictions. Performance standards and supplemental restrictions are set forth in this chapter.

1.

Buffers. A1l uses, excluding single and two-family dwellings where a structure or parking lot is located adjacent to a residential or agricultural district shall provide a buffer strip 35 feet in width, or as determined by conditional use permit.

a.

The buffer strip shall be landscaped and screened.

b.

The buffer strip shall be screened with a sight-obscuring fence, six feet in height or vegetation of sufficient type, density, and height to provide year-round screening, as approved by the conditional use permit.

c.

All landscaping and screening shall be maintained.

d.

Accessory buildings, parking lots, and storage shall not be permitted in the buffer strip.

e.

All outdoor commercial or industrial storage shall be screened by an eight-foot, sight obscuring fence from adjacent Residential or Agricultural Districts.

f.

A Buffer will not be required adjacent to streels or alleys unless required by conditional use permit.

g.

A conditional use permit will be required for all buffer strips prior to issuance of a building permit.

2.

Drive-in business.

a.

The entire area of any drive-in business shall have a drainage system approved by the public works director.

b.

The entire area, other than that occupied by structures, landscaped area, or the required buffers, shall have a durable surface.

c.

Each drive-in business serving food shall place a trash receptacle at all entrances and exits as well as one receptacle in the parking lot per 20 parking stalls.

d.

A drive-in business shall front on designated arterial or collector streets.

e.

A solid fence not less than eight feet in height shall be constructed around all drive-in theaters.

3.

Lighting. Lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential property.

4.

Shopping centers.

a.

Shopping centers shall be located adjacent to designated arterial or collector streets.

b.

An overall plan shall be submitted and approved, including architecture of all structures, parking, driveways, lighting, sidewalks, including sidewalks connecting adjacent neighborhoods, landscaping, and screening. This shall include preliminary plat of all lots, including those for peripheral developments. Final plat shall be approved before certificate of occupancy is issued.

c.

Time limits for construction and completion shall be in accordance with this chapter.

d.

The minimum lot area shall be two acres.

e.

To avoid the undesirable monotony, heat, and wind associated with large parking lots, landscaped islands shall be provided in parking lots containing more than 25 parking stalls. The total area of islands shall be at least two percent of the parking lot area, except that no island shall be less than the size of a standard parking stall. Islands shall be surrounded by concrete curb. Islands shall be planted with a minimum two and one-half inch diameter tree at the rate of one tree per 150 square feet of island area.

f.

Driving area and parking area on the front and sides of structures shall not be any closer than ten feet to the structure, except for approved loading areas. The ten feet adjacent to structures is intended to be used for pedestrian traffic.

g.

Required drainage, landscaping, screening, parking, islands, and driveways shall be in place prior to issuance of an occupancy permit.

5.

Off-street loading areas.

a.

Any industrial structure which requires the receipt or distribution of materials or merchandise by trucks shall provide an off-street loading area.

b.

Loading areas shall be located adjacent to the building or use being served.

c.

Loading areas shall not be located within 35 feet of a residential district or the intersection of two streets.

d.

Loading areas located in industrial or general business districts shall be not less than 12 feet in width, 50 feet in length and 14 feet in height, exclusive of aisle and maneuvering space.

e.

Loading areas shall be improved with a durable material.

f.

Any place designated as a loading area shall not be used for the storage of goods, inoperable vehicles, or be included as part of the space requirements necessary to meet the off-street parking area.

6.

Storage facilities in general business districts (C-2).

a.

All storage shall be conducted within buildings.

b.

Maximum height of sidewalls of any building used for storage shall be 16 feet.

c.

No hazardous materials as defined by federal law or state law shall be allowed on the premises.

7.

Storage facilities in central business district (C-3).

a.

All storage shall be conducted within buildings.

b.

Storage shall only be for goods used or sold within the principal building on the property.

8.

Temporary storage containers and semi-trailers.

a.

The use of a temporary storage container/semi-trailer is allowed in C-2 and industrial zoning districts I-1 and I-2, in accordance with the following:

i.

The scope of this section, with respect to semi-trailers, is limited to the use of such trailers for storage when they are disconnected from a truck tractor. This section does not apply to the handling of semi-trailers when connected to a truck tractor.

ii.

No temporary storage container or semi-trailer shall exceed four hundred (400) square feet. No temporary storage containers may be stacked more than two high.

iii.

Any use of temporary storage containers must be an accessory use related to the primary use of the real property. The use of temporary storage units for third party use or rental is prohibited. The temporary storage container/semi-trailer location shall meet the accessory use setback requirements for the applicable zoning district, including buffer requirements.

iv.

Contractor's shops and facilities are exempt from the requirement s for their temporary storage containers and job trailers that are regularly transported to and from the contractor 's shop or facility as part of its on-going business activities.

v.

All temporary storage containers/semi-trailers must be kept free of nuisances (grass, weeds, trash, vermin, holes, peeling paint, rust, damage, etc.) or it can be deemed a nuisance.

vi.

No temporary storage containers/semi-trailers shall occupy any required off-street parking or loading areas.

(Ord. No. 21, 3 ^rd Series; Ord. No. 22, 3 ^rd Series; Ord. No. 85, 3 ^rd Series 1-5-16; Ord. No. 110, 3 ^rd Series 6-5-18; Ord. No. 147, 3^rdSeries, § 1, 2-21-23; Ord. No. 130, 3^rdSeries, § 3, 12-15-20)