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Two Harbors City Zoning Code

ARTICLE THREE

PERMITTED USES

SEC. 11.30. LAND USE TABLE.

P - Permitted    C - Conditional    A - Accessory    Blank - Prohibited      * - Specific Standards
PRINCIPAL USE TYPE
Residential
Business
Mixed Use
Industrial
Parklands
Specific Standard
ZONING DISTRICT
R-2
R-3
B-1
B-2
MUW
I-1
I-2
I-1A
PR
PP
P - Permitted    C - Conditional    A - Accessory    Blank - Prohibited      * - Specific Standards
PRINCIPAL USE TYPE
Residential
Business
Mixed Use
Industrial
Parklands
Specific Standard
ZONING DISTRICT
R-2
R-3
B-1
B-2
MUW
I-1
I-2
I-1A
PR
PP
RESIDENTIAL
Household Living   
Accessory Dwelling Unit
C
C
11.31.12
Single-Family Dwelling
P
P
 
Two-Family Dwelling
P
P
C
 
Townhouse
C
P
C
11.31.1
Multiple Dwellings, 4 units or less
C
P
P
C
C
 
Multiple Dwellings, 4 units or more
C
P
P
C
C
 
Residence above first floor
C
 
Live Work Dwelling
C
C
C
 
Group Living
Boarding Home
C
C
 
Manufactured Home Park
C
C
C
C
C
 
Nursing Home
C
P
P
C
 
Licensed Residential Care Facility, 6 or fewer persons
P
P
C
 
Housing with Services, 6 or fewer persons
P
P
C
 
Licensed Residential Care Facility, 7 to 16 persons
C
C
P
P
C
 
Housing with Services, 7-16 persons
C
C
P
P
C
 
COMMERCIAL USES
Accommodations and Food Service
Bar or Drinking Place
P
P
C
 
Brewpub
P
P
C
C
 
Caterer
P
P
C
 
Hotel and Motel
P
P
C
C
 
Restaurant
P
P
C
C
 
Retail Bakery
P
P
C
 
Short-Term Rental
*
*
*
*
*
 
Retail Sales and Services
Adult Use, Principal
C
 
Appliance and Consumer Electronics Repair
P
P
 
Automotive Parts and Accessories Stores
P
P
 
Automotive, Light Vehicle, and Home and Garden Equipment Repair
C
C
C
11.31.2
Contractor/Trade Supply Store
P
P
C
C
C
 
Convenience Store, not including gas
P
P
C
 
Dry Cleaning and Laundry Services
P
P
 
Furniture and Home Furnishing Stores
P
P
 
Gasoline Service Station, not including automotive repair
P
 
General Merchandise, Apparel and Shoes
P
P
C
 
Gift, Novelty, Souvenir Store
P
P
C
 
Grocery Store
P
P
 
Hardware Store
P
P
 
Head Shop
C
 
Health and Fitness Facilities
P
P
 
Jewelry Store
P
P
C
 
Lumber Yard and Building Materials
P
C
C
Personal and Household Goods Repair
P
P
 
Personal Care Services
P
P
C
 
Pharmacies and Drug Stores
P
P
C
 
Public Market and Market Stands
P
P
P
P
P
 
Retail uses conducted as an accessory use within existing structures, not to exceed 20% of gross floor area
C
C
 
Automotive, Vehicle and Recreational Vehicle Sales and Services
C
 
Professional and Business Services
Banks and Other Financial Institutions
P
P
 
Business Support Services
P
P
 
Data Processing, Hosting, and Related Services
P
P
P
P
 
Medical or Dental Lab
 
Professional and Administrative Offices
P
P
C
 
INDUSTRIAL
Craft Brewery
C
C
C
 
Artisanal Industrial
C
C
C
11.31.3
Bulk Fuel Depots
C
C
C
11.31.4
Commercial and Industrial Machinery and Equipment Repair
P
P
P
 
Contractor’s Shop and Storage Yard
P
P
P
 
Distribution Center
P
P
P
 
Dwellings for Caretakers, Watchmen and Operators
C
C
C
 
Light Manufacturing, Accessory to Retail
C
C
 
Manufacturing, General
P
 
Manufacturing, Light
C
P
P
P
11.31.18
Micro-Alcohol Production
C
C
C
 
Mini-Warehouses and Self-Storage
C
C
11.31.9
Professional, Scientific, and Technical Services (Industrial Class)
P
P
P
 
Railroad Yard
C
 
Recycling Collection Point
C
C
C
 
Scientific, Research and Development Services
P
P
P
 
Shipyard
C
 
Specialty Food Service
C
C
C
 
Specialized Design Services
C
C
C
P
P
P
 
Storage and Handling of Combustible and/or Flammable Liquids
C
C
C
11.31.4
Storage of Boats and RVs
C
C
C
 
Telecommunications Processing and Transmission Services
 
Veterinaries, Animal Shelters, Kennels for Boarding Pets and Other Domestic Animals
C
C
11.31.10
Warehousing, and Storage, except hazardous materials, combustible materials and or flammable liquids
P
P
P
 
Wholesale Trade, except hazardous materials, combustible materials and/or flammable liquids
C
P
P
P
 
Water Access-Dependent Industrial Use
C
 
PARKS, RECREATION AND ENTERTAINMENT
Campground
C
P
 
Indoor Recreation and Entertainment Facility, Private
P
P
C
 
Indoor Recreation and Entertainment Facility, Public
C
C
P
P
C
P
 
Outdoor Recreation and Entertainment Facility, Private
C
C
C
 
Outdoor Recreation and Entertainment Facility, Public
C
C
C
C
C
P
 
Marina and Public Water Access
C
P
 
Public Park
C
C
C
P
P
 
Passive Recreation
C
C
C
C
C
P
P
 
PUBLIC, CIVIC AND INSTITUTIONAL
Art Gallery
P
P
C
 
Cemetery
C
 
Childcare Center
C
C
P
P
C
 
Clinic, including Medical, Dental, Therapeutic
C
C
 
Club or Lodge (Private)
C
P
P
 
Community Center, Senior Center, Teen Center
C
C
P
P
C
 
Funeral Home or Mortuary
C
 
Government Offices
C
C
P
P
C
C
C
C
 
Medical Heliport
C
 
Hospital
C
 
Law Enforcement, Public Safety, and Fire Station
C
C
C
C
C
C
C
C
 
Museum
P
P
C
 
Philanthropic Institution
P
P
C
 
Religious Assembly
C
C
C
C
11.31.14
School, Elementary
C
C
P
P
 
School, Middle or High
C
P
P
P
 
Trade, Business or Art School
P
P
 
University or College
C
C
 
Meeting or Convention Hall
C
C
C
11.31.14
ACCESSORY USES
Adult Use, Accessory
A
A
A
11.31.5
Accessory Structure
A
A
A
A
A
A
A
A
A
A
11.31.11
Offices, Sales Floors, and Showrooms Customarily Incidental to the Primary Use
A
A
A
 
Research and Development, Engineering and Design, Marketing and Sales, Customer Support and Other Non-Production Activities Clearly Incidental to the Primary Use
A
A
A
 
Short-Term Living Quarters for Caretakers, Watchmen and Operators
A
A
A
 
Accessory Outdoor Service
A
A
A
11.31.15
Storage Garage
A
 
Dwellings for Caretakers, Watchmen, and Operators
 
Drive-Through Facilities and Drive-Through Businesses
A/C
A/C
11.31.7
Temporary Shipping or Storage Container
A
A
A
A
A
A
A
11.31.8
Outdoor Seating
A
A
A
11.31.6
Private Swimming Pools
A
A
A
A
A
11.31.13
Residential Fences
A
A
A
A
A
11.31.16
Home Occupations
C
C
C
C
C
11.31.17
 
Source: Ordinance No. 123
Effective Date: 07-16-2021

SEC. 11.31. USE-SPECIFIC STANDARDS.

      Subd. 1. Access to Townhouses. In the case of multi-building townhome development, vehicular access must be provided from a public street right-of-way to all buildings through a perpetual, unobstructed, paved easement or parking area of at least twenty (20) feet in width.
      Subd. 2. Automotive, Light Vehicle, Home and Garden Repair and Maintenance.
         A. No repair work shall take place outside of the principal structure.
         B. Any partially or wholly damaged or disassembled vehicle stored overnight shall be kept in an enclosure screening the vehicle and/or other materials from public view by use of vegetation, berms, fencing or other means.
      Subd. 3. Artisanal Industrial.
         A. Artisanal industrial uses must maintain at least ten percent (10%) of the gross floor area of the facility for retail purposes.
         B. Outdoor storage shall be fully screened from view.
         C. Artisanal industrial uses shall create little or no adverse impacts on surrounding properties and the environment by virtue of being relatively free from objectionable features, including but not limited to, noise, dust, odor, smoke, glare or vibration, or whose objectionable features can be eliminated by design, screening and other appropriate devices, and do not create objectionable amounts of traffic.
      Subd. 4. Bulk Fuel Depot, Storage and Handling of Combustible Materials and/or Flammable Liquids. Storage and handling of any hazardous materials, combustible materials and/or flammable liquids shall be located at least two hundred fifty (250) feet from any residential zone district.
      Subd. 5. Adult Use, Accessory. An accessory adult use is hereby allowed in an I-1A Zone District without a separate limited industrial district/adult use permit, provided that a limited industrial district/ adult use permit has been issued for the principal business activity to be conducted on the premises on which the accessory adult use is to be conducted.
      Subd. 6. Outdoor Seating. An outdoor seating area may be established in conjunction with a permitted eating and drinking establishment, micro-alcohol-production facility, or entertainment venue, provided:
         A. Parking requirements continue to be met.
         B. Outdoor seating areas of five hundred (500) square feet or less or fifteen percent (15%) of the gross floor area of the principal use, whichever is less, shall not require additional parking. Seating areas more than five hundred (500) square feet or fifteen percent(15%) of the gross floor area shall be required to provide additional parking at the standard parking rate for the principal use.
         C. Alcoholic beverages may be consumed within an outdoor seating area in conjunction with a restaurant, provided the primary restaurant operation is licensed to serve alcoholic beverages.
         D. Outdoor seating areas shall comply with setback requirements and shall not impede a public right-of-way or pedestrian or vehicular access.
      Subd. 7. Drive-Through Facilities and Drive-Through Businesses.
         A. Drive-through facilities shall be designed and located so that they do not impede traffic or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian or vehicular conflicts.
         B. The Planning Commission may require screening, buffering, lighting standards to avoid conflict with neighboring commercial, residential and institutional properties.
      Subd. 8. Temporary Shipping or Storage Containers.
         A. If they are related to the project, temporary shipping or storage containers are allowed on construction sites in any district where there is an active building permit.
         B. Temporary shipping or storage containers are allowed for a period of fifteen (15) days in any calendar year in all districts for moving-related purposes.
      Subd. 9. Mini-Warehouses and Self-Storage.
         A. The use shall be contained within an enclosed building or buildings, with controlled access within a fenced compound.
         B. Hours of public access to mini-storage units adjacent to a residential zone district shall be restricted to the period from 6:00 a.m. to 10:00 p.m.
         C. Up to fifty percent (50%) of the site may be used for outdoor storage of items, provided the site is fully screened from public view with a fence or wall at least eight (8) feet in height.
      Subd. 10. Animal Shelters, Veterinary, Kennels. Any structure or area used for such purposes, including pens and exercise yards, shall be located at least one hundred (100) feet from any residential zone district. Such pens or exercise runs shall be enclosed on four (4) sides by a sight-obscuring, unpierced fence or wall at least six (6) feet in height.
      Subd. 11. Accessory Structures Yard Space Encroachment, Accessory Buildings.
         A. Accessory Buildings Attached in Residence Districts. An accessory building, including a carport, attached to the principal building on a lot shall be made structurally a part thereof, and shall comply in all respects with the requirements of this Chapter applicable to the principal building. For the purpose of this Chapter, a breezeway attached between the garage or carport and the principal building shall be considered a part of the principal building.
         B. Accessory Buildings Detached, Residence Districts. Detached accessory buildings may be located in side and rear yards and shall not be located in front yards. When located within ten (10) feet of the rear wall of the principal building, compliance with all yard requirements applicable to the principal building in the district is mandatory. Where accessory buildings are located in the rear yard and side yards, greater than ten (10) feet distance from the rear wall of the principal building, they shall not be located nearer than five (5) feet from the side and rear lot lines. A detached accessory building on a corner lot shall not project beyond the front yard setback requirements of the principal building. Detached accessory buildings in residence districts shall not occupy more than twenty-five percent (25%) of the lot area, and shall meet the following criteria:
            1. The side walls of the accessory building shall not exceed fourteen (14) feet in height; sixteen (16) foot side walls will be allowed if one (1) additional foot is added to existing setback standards.
            2. The highest point of the accessory building shall be equal to the maximum height allowed by the district for the principal building, while allowing for an increase in side yard setbacks to the same of one (1) foot for every two (2) feet over twenty-five (25) feet in height.
            3. Adequate safeguards and assurances have been provided to the City that there will not at any time be a use or activity in the accessory building that is not otherwise allowed in the district.
            4. The accessory building shall be aesthetically consistent with surrounding adjoining properties. Aesthetic factors shall be considered with a view towards the highest possible use of the area in the vicinity of the proposed structure. This determination shall be made by the Zoning Administrator after considering the size, shape, general appearance, structural materials and landscaping of the accessory structure.
         C. Accessory Uses and Buildings in R-3 Districts. Accessory buildings and uses customarily incidental to any above uses, including storage garages, where the lot is occupied by a multiple dwelling, hospital or institutional building.
         D. Accessory Buildings, Commercial and Manufacturing Districts. In commercial and manufacturing districts, accessory buildings and uses may occupy any part of the ground area that the principal building is permitted to occupy. Accessory buildings, such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yards of "I-2" Districts.
      Subd. 12. Accessory Dwelling Units.
         A. Accessory dwelling units (ADUs) may be allowed on single-family residential properties.
         B. ADUs shall not exceed eight hundred (800) square feet in total floor space.
         C. Attached ADUs shall comply with the standards of all other attached accessory structures.
         D. Detached ADUs shall comply with the standards of all other detached accessory structures.
         E. ADUs shall meet the building and utility code requirements for residential structures.
         F. ADUs shall require one (1) additional off-street parking space.
      Subd. 13. Private Swimming Pools. A private swimming pool shall include a pool, pond, lake or open tank not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point, greater than one and one-half (1½) feet. No such swimming pool shall be allowed in any district unless it complies with the following conditions and requirements:
         A. It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than five (5) feet to any property adjacent to the property on which it is located.
         B. The swimming pool, or the entire property on which it is located, shall be so walled or fenced in order to prevent uncontrolled access by children from the street or adjacent properties.
         C. The pool shall further be screened by, at a minimum, a masonry wall, board fence or compact hedge, five (5) feet in height and maintained in good condition.
      Subd. 14. Assembly Buildings. On a lot occupied by a church or other building in which persons congregate, or that is designed, arranged, remodeled or normally used for the congregation of persons; each side or rear yard shall be not less than twenty-five (25) feet. This Subdivision shall take precedence over other regulations in this Chapter as to width or side and rear yards, insofar as it applies to churches or other public or semi-public buildings in which persons normally congregate in numbers in excess of twenty-five (25).
      Subd. 15. Accessory Outdoor Use. Accessory, on-premises, outdoor dining and seating, accessory, on-premises display of goods for sale by the primary permitted use are allowed. The use of a portion of a public sidewalk for outdoor dining, seating, a bicycle rack, temporary display of goods, a temporary sign, or other purpose that does not involve the permanent vacation of any part of the public right-of-way may be allowed following the issuance of a sidewalk use permit.
      Subd. 16. Residential Fences.
         A. For the purpose of this Section, the term “Fence” shall include any enclosed barrier, consisting of wood, vinyl, composite, stone or metal, intended to prevent ingress or egress.
         B. Fences shall be located so that each side of the fence may be properly maintained by the property owner of the fence while on the owner’s property.
         C. Fences may be located at the property line with written consent of the adjacent property owner.
         D. The finished side of the fence shall face the neighboring property.
         E. Fences exceeding seven (7) feet in height shall also require a building permit.
         F. On a corner lot, no fence or other structure more than three and one half feet (3½') in height above the plane of the established grades of the street shall be erected on any part of the front yard or side yard herein established that is included within the street lines of intersecting streets, and a line connecting such street lines at a point that is twenty (20) feet from their point of intersection, measured along such street lines, and no planting of foliage shall be placed or maintained within such area that, in the judgement of the Zoning Administrator, will materially obstruct the view of a driver of a vehicle approaching the street intersection.
         G. No fence that is more than six (6) feet in height above the plane of the finished grade of the lots, at the division line between lots, shall be erected along such division line unless no part of such fence is within twenty (20) feet of any residence building on such lot or abutting lot, and in no instance shall the fence be nearer than twenty (20) feet to any street line.
      Subd. 17. Home Occupations.
         A. A professional office or studio is permitted in the residence of an architect, artist, dentist, lawyer, engineer, physician, teacher or similar professional persons, but not including beauty parlors, barber shops, schools of any kind with organized classes or any businesses; provided that not more than one (1) person, not residing in the dwelling, is employed in the establishment.
         B. Outdoor storage shall not be allowed.
         C. Home occupations shall create little or no adverse impacts on surrounding properties and the environment by virtue of being relatively free from objectionable features, including but not limited to, noise, dust, odor, smoke, glare or vibration, or whose objectionable features can be eliminated by design, screening and other appropriate devices, and does not create objectionable amounts of traffic.
      Subd. 18. Light Manufacturing in B-1 Zones.
         A. Allowed in the B-1 Zone along Highway 61 (not to include 7th Avenue, between the railroad bridge and 4th Street), CSAH 61 and Highway 2.
         B. Must meet all design, landscaping and parking standards for the district.
         C. Must meet all performance standards for industrial uses.
         D. Outdoor storage shall be fully screened and, if possible, located out of view of the public right-of-way.
Source: Ordinance No. 123
Effective Date: 07-16-2021