Wabasha City Zoning Code

DISTRICT REGULATIONS

§ 162.060 USE CHART.

	Zones
Use	RC	RRLA	RRGT	R-l	R-2	TDC	GC	HC	I
ACCESSORY USES
Accessory building	P	P	P	P	P	P	P	P	P

AGRICULTURAL USES
Agricultural stand	P	P	P
Crop farming	P	P	P
Grain storage facility							C		P
Limited livestock raising	P	P
Raising of chickens/more than number allowed	I	I	I	I	I

Bar/brewery uses
Bars/cocktail lounge						P	P	P
Brewery									C
Brewpub						P	P	P
Distillery									C
Micro-distillery with tasting room						P	P	P
Small brewery with taproom						P	P	P

INDUSTRIAL USES
Heavy industrial									C
Industrial service									P
Industrial warehousing distribution or storage facilities								C	P
Light industrial								C	P
Mining operations or extractive use									I

INSTITUTIONAL USES
Airport			C
Cemetery	C	C	C	C	C
Communication tower	C	C	C	C			C		C
Cultural institutions						C	C	C
Essential utility and public service facilities < 600 s.f.	P	P	P	P	P	P	P	P	P
Essential utility and public service facilities > 601 - 1,000 s.f.	C	C	C	C	C	C	C	C	C
Essential utility and public service facilities > 1,001 s.f.									C
Institutional uses	C	C	P	P	P	P	C	C
Family day care	P	P	P	P	P
Group family day care				P	P
Group day care					P	C	P	p
Supervised living facility				P	P
Solar garden/farm >5,000 s.f.	I	I	I	I	I				I

MISCELLANEOUS USES
Adult entertainment establishment									I
Cannabis businesses						I
Commercial kenneling	I	I	I
Greenhouses/nursery/landscape business	I	C	I
Lower-potency hemp products						P	P	P	P
Major traffic generator	C	C	C	C	C	C	C	C	C
Mixed use with 4 dwelling units or less and <1,000 s.f. of institutional uses, and/or <1,500 s.f. office, retail and/or service uses					C	P	P
Mixed use with 5 dwelling units or more with any other uses excluding industrial uses						C	C
Parking garage						C	C
Structures higher than maximum height (§§ 162.065 and 162.066 of this chapter)					C	C

OFFICE USES
Professional use up to 1,500 sq. ft.				C	C	P	P	P	P
Professional use > 1,501 sq. ft.					C	P	P	P	P
RECREATIONAL USES
Club				C	C	P	P	P
Golf course	C		C	C	C
Hunting/shooting club	C	C	C
Marina	C	C	C	C	C	C	C
Parks and open space	P	P	P	P	P	P	P	P	P
Recreational entertainment facility, major	C	C				C	P	P	P
Recreational entertainment facility, minor		C			C	P	P

RESIDENTIAL USES
Accessory apartment	I	P	I	I	I	C
Bed and breakfast	I	C	I	I	I	C	C
Campground	C	C	C	C	C		C
Guest cottage	C	P	C	C	C	C
Home occupation	P	P	P	P	P
Hotel/motel up to 40 rooms						P	P	P
Hotel/motel - 40 - 70 rooms						C	C	P
Hotel/motel >70 rooms								C
Manufactured home park					C
Multi-family dwellings - up to 20 units					C	C	C
Multi-family dwellings - more than 20 units						C	C
Short term rental dwelling unit	P	P	P	P	P	P
Single-family detached	P		P	P	P	P	P
Single-family attached dwelling - up to 2 units		P		C	P
Single-family attached dwelling - up to 4 units				C	P
Single-family attached dwelling - more than 4 units					C
RETAIL USES
Commercial retail up to 1,500 s.f.					C	P	P	P	P
Commercial retail >than 1,500 s.f.						P	P	P	P
Contractor yard							I	I	I
Gas stations							P	P	P
Open sales, service, rentals lot						I	I	I	I
Restaurants						P	P	P
Restaurant/bar outdoor seating						C	C	C
Restaurant- drive-in/drive-thru							P	P

SERVICE USES
Funeral parlors					C	P	P	P
Repair and maintenance services						C	P	P	P
Self-storage facilities (indoor only) up to 1,500 s.f.					C	C	P	P	P
Self-storage facilities (indoor only) > than 1,500 s.f.							P	P	P
Self-storage facilities - outdoor								C	C
NOTES TO TABLE: * C = conditional use * I = interim use * P = permitted use * Blank = not allowed * Zoning district acronym (see § 162.045 of this chapter)

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018; Ord. passed –; Ord. 05-2022, passed 12-6-2022; Ord. passed 4-2-2024; Ord. passed - -; Ord. passed 8-6-2024; Ord. passed 8-5-2025)

§ 162.061 USE DEFINITIONS.

(A) Accessory use.

ACCESSORY BUILDING. A building subordinate to, but not part of, the principle building and used for a purpose incidental to the principle building, structure or use. Must not be connected to public or private sewer.

(B) Agricultural uses.

AGRICULTURAL STAND. A structure, or portion thereof, up to 1,000 square feet or an outdoor area used for the retail sale of agricultural and related incidental products primarily grown on the premises (excluding livestock).

CROP FARMING. The tilling of the soil, growing, harvesting and storing crops, agriculture related commercial, storage yards, industrial uses and services.

GRAIN STORAGE FACILITY. Storage structure for storing bulk agriculturally grown products. Excluding any mined, quarried or manufactured product. Only allowed in the General Commercial Zoning District when it is an existing legal non-conforming use.

LIMITED LIVESTOCK RAISING. The keeping, grazing or feeding of livestock for sale or livestock increase with a maximum of one animal unit per acre and a minimum of two acres for the first animal unit. Feedlots, stockyards and auction houses and other similar uses are not allowed.

BAR/COCKTAIL LOUNGE. An establishment where alcoholic beverages are sold at retail for consumption on the premises and where, if food is also sold, sale of alcoholic beverages is 25% or more of gross receipts.

BREWERY. A facility that produces, for sale, beer, ale or other beverages made from malt by fermentation and containing not less than 0.5% alcohol by volume.

BREWPUB. A small brewery that operates a restaurant on the same premises as the brewery, whose malt liquor production per calendar year may be limited by state statue.

DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof for non- industrial use.

MICRO-DISTILLERY WITH TASTING ROOM. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use not to exceed 40,000-proof gallons per calendar year.

SMALL BREWERY WITH TAPROOM. A brewery that produces no more than 20,000 barrels of malt liquor in a calendar year.

TAPROOM. An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A TAPROOM may also include sales for off-premises consumption of malt liquor produced at the brewery location or adjacent to the taproom and owned by the brewer for off-premises consumption, packaged subject to state statute.

TASTING ROOM. An area for the on-sale consumption of distilled spirits or wine produced on the premises of, or adjacent to one winery or one distillery and in common ownership to the producer of the wine or distilled spirits. The TASTING ROOM AREA may include sales for off-premises consumption of products produced by the owner of the winery or distillery location if permissible by state law.

(D) Industrial uses.

HEAVY INDUSTRIAL. Establishments involved in the manufacturing, fabrication or compounding of products, on a primarily wholesale basis, in particular those involving the use of mechanical power and machinery to produce products from raw materials, or to prepare or alter materials for use in a finished product, or to assemble parts into products where there is the creation of odor, dirt, dust and noise.

INDUSTRIAL SERVICE. Establishments involved in repair and servicing of industrial, or business machinery, equipment, products with some ancillary sales, repair, storage or salvage operations and truck stops.

INDUSTRIAL WAREHOUSING DISTRIBUTION OR STORAGE. Establishments involved in the storage or distribution of materials or equipment on a primarily wholesale basis or as support to a service industry. Property can include equipment sales and rental and ancillary business offices.

LIGHT INDUSTRIAL. Establishments involved in the processing or assembly of products where the process involved is relatively clean and nuisance-free, in the creation of finished products for sale on a primarily wholesale basis.

MINING OPERATIONS OR EXTRACTIVE USE. Extracting mineral resources which may include stockpiling, for retail, wholesale, contract purchase or transfer of mineral products. For purposes of this chapter, the leveling, grading, filling or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development and the like) does not constitute a mining site/operation, if: processing of the material does not occur on the property; the activity is completed quickly, does not occur over an extended period of time and on-site stockpiles are fully depleted; and, a mining permit is not required from the Department of Natural Resources.

(E) Institutional uses.

COMMUNICATION TOWER. Any lower structure used for the purpose of providing transmission of cell phone, radio or other personal wireless facilities.

CULTURAL INSTITUTION. A facility used for the storage, preservation, study or exhibition of historic or cultural objects, or scientific interest for the recreation or cultural education of the public. Gift shops, educational or recreational services can be ancillary uses.

ESSENTIAL UTILITY FACILITY. Structures which provide shelter for equipment, a central utility hub for utilities, booster or transmitting (not including towers).

INSTITUTIONAL USE. Any use which typically provides a service on a not-for-profit basis by an organized establishment, foundation or society, including religious, private or public non-profit organizations such as schools, hospitals, churches and government facilities.

SOLAR GARDEN/FARM. A solar power installation that accepts capitol from and provides output credit and tax benefits to individuals and other investors.

STATE LICENSED RESIDENTIAL FACILITIES. A use which is required under M.S. § 462.357, as it may be amended from time to time.

(a) FAMILY DAY CARE. A day program providing care for not more than ten children at one time, and which is licensed by the county as a family day care home.

(b) GROUP DAY CARE. A day care program providing care for more than six children at one time. GROUP DAY CARE includes programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers for school age children, after school programs, infant day care centers, cooperative day care centers and Head Start programs.

(c) GROUP FAMILY DAY CARE. A day care program providing care for no more than 14 children at any one time of which no more than ten are under school age.

(d) SUPERVISED LIVING FACILITY. A facility in which there is provided supervision, lodging, meals and in accordance with provisions of rules of the Department of Human Services and as defined by state statute, counseling and developmental habilitative or rehabilitative services to five or more persons who are developmentally disabled, chemically dependent, adult mentally ill, or physically disabled.

(F) Miscellaneous uses.

ADULT ENTERTAINMENT ESTABLISHMENT. As defined in M.S. § 617.242, as it may be amended from time to time, a business that is open only to adults and that presents live performances that are distinguished or characterized by an emphasis on the depiction of sexual conduct or nudity.

CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.

CANNABIS RETAIL BUSINESSES. A retail location and the retail location(s) of mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers.

CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.

CANNABIS USES. Shall include cannabis cultivation, manufacturer, wholesale, retail, transportation, and delivery, and hemp manufacturer.

COMMERCIAL KENNEL. The keeping of more than three dogs or four cats on the same premises, whether owned by the same person or not that are kept for sale, breeding, profit and/or training. A litter of pups or kittens may be kept up to three months before it shall be considered a KENNEL.

LOWER-POTENCY HEMP EDIBLE. As defined under M.S. § 342.01, subd. 50, as it may be amended from time to time.

MAJOR TRAFFIC GENERATOR. Any use of land for whatever purpose (commercial, industrial, recreational or residential) which generates 500 or more vehicle trips per day total or 60 heavy vehicle trips per day according to the ITE (Institute of Transportation Engineers) most recent Trip Generation Manual.

MIXED USE. A mix of more than one principal use per lot or parcel including different types of residential (single- and multi-family) and/or mix of residential, commercial and/or institutional uses.

NURSERY/GREENHOUSE/LANDSCAPE BUSINESS. A business growing and selling trees, flowering, decorative and/or edible plants which may be conducted in or outside of a building.

PARKING GARAGE. A structure or any portion thereof designed for the parking of one or more motor vehicles, not including display or storage of motor vehicles for sale.

(G) Office uses.

PROFESSIONAL SERVICE. The selling of personal or professional services to the end consumers that typically do not produce a tangible commodity and the sale of merchandise is less than 25% of the business including medical, beauty, law and other professional services.

(H) Recreational uses.

CLUB. An establishment or properly operated for social, recreational or educational purposes, but open only to members and their guests and not the general public.

HUNTING/SHOOTING CLUB. An organized gun/archery club that allow the firing of dangerous weapons on the club grounds only by members and guests subject to such conditions as may be required by the city to protect the public health, safety and welfare.

MARINA. A dock or basin providing moorage for four watercraft or more and which may offer supply, repair, rental or other support facilities.

PARKS AND OPEN SPACE. Lands which are open to the public that provide a location for natural environmental, cultural or recreational activities and enjoyment.

RECREATIONAL ENTERTAINMENT FACILITY, MAJOR. A structure or open space providing entertainment or recreation, including, but not limited to: amusement centers; movie theaters with more than two screens or stages; and indoor or outdoor water parks or amusement parks, concert venues, dance halls, ski hill, golf course.

RECREATIONAL ENTERTAINMENT FACILITY, MINOR. A structure or open space providing entertainment or recreation, including, but not limited to: bowling alleys; pool or billiard halls; tennis courts; racquetball courts; exercise facilities; roller and ice skating rinks; concert venues with a capacity of up to 200 patrons; theaters with up to two screens or stages.

(I) Residential uses.

ACCESSORY APARTMENT. A dwelling unit with up to 50% of the principle structure, subordinate to and located in an owner-occupied single-family dwelling or principle structure of a commercial business.

BED AND BREAKFAST. An establishment in a single-family dwelling that provides temporary accommodations to overnight guests for compensation and meals for a daily or weekly fee.

CAMPGROUND. An open-air recreation area where temporary shelters are allowed and intended to provide transient occupancy and associated buildings and accessory structures and offices used in the operation of the facility. The maximum campground density is 24 camping sites per acre and/or 15 recreational vehicles per acre.

GUEST COTTAGE. An accessory structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

HOME OCCUPATION. Any occupation or business conducted within the principle or accessory building by the resident(s). The space used by the business cannot exceed 25% of the usable floor area of the principal structure.

HOTEL/MOTEL. A structure or group of structures in which three or more units for lodging are offered to transient guests with furnishing of sleeping accommodation in rooms or suites of rooms for compensation, and may also include an ancillary eating establishment, gift shop or other ancillary tourist services available to guests and/or to the general public.

MANUFACTURED HOME PARK. A contiguous parcel of land which is developed for the placement of mobile homes which is owned by a single entity rather than parcels that are individually owned.

MULTIPLE-FAMILY DWELLING. A structure or portion thereof intended and designed for two or more dwelling units.

SINGLE-FAMILY ATTACHED DWELLING. A building designed or used exclusively for residential purposes by one family on its own separate lot and is attached on at least one side by another single-family dwelling.

SINGLE-FAMILY DETACHED DWELLING. A building containing one dwelling unit on its own separate lot, not attached to any other dwelling units, having yards on all sides of the unit.

(J) Retail uses.

COMMERCIAL RETAIL. The selling of merchandise or goods over a counter to consumers and rendering services incidental to the sale of the goods including services which support agricultural such as soil preparation, crop, farm and breeding services on a fee or contract basis where no more than 5% of items for sale can be seasonally displayed outside within the commercial property if a reasonable turnover of items is occurring. All commercial retail drive-thru services will require a interim use permit.

CONTRACTOR YARD. A site used for storage of equipment and supplies used by a construction or landscape contractor in the operation of their business. All contractor yards will require an interim use permit.

GARAGE, COMMERCIAL. Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, sold or stored.

GAS STATION. An establishment which sells gasoline typically at outdoor pumps to automobiles and other vehicles, and may include sale of convenience items.

OUTDOOR SALES, SERVICE, RENTAL LOT. An outdoor space for display and/or sales of automobiles, trucks, motorcycles, boats, trailers, recreational vehicles, lawnmowers, snowblowers, mobile and manufactured home and similar products, materials or merchandise where the majority of product is located and business can occurs within a permanent structure.

RESTAURANT. An eating establishment where food and beverage is served to a customer. Establishments serving alcohol for consumption (where gross sales of alcohol are 25% or less) on site or providing take-out food to order as ancillary use are included.

RESTAURANT, BAR OUTDOOR SEATING. More than three tables (with or without chairs) or four benches or chairs provided by a business to allow patrons to eat and/or drink outside of the business.

RESTAURANT, DRIVE-IN/DRIVE-THRU. Any eating establishment with a drive-thru or a drive-in facility.

(K) Service uses.

FUNERAL PARLOR. Private non-denominational funeral chapels and other facilities for the purpose of spiritual meditation and vigil before burial of deceased persons.

REPAIR AND MAINTENANCE SERVICE. The provision of repair or maintenance services including auto, mechanical, machinery repair or retooling.

SELF-STORAGE FACILITY. A site, structure or building in which customers can rent space to store possessions. INDOOR SELF-STORAGE FACILITIES are those that are completely enclosed with walls and roof.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018; Ord. passed 4-2-2024; Ord. passed - -; Ord. passed 8-6-2024; Ord. passed 8-5-2025)

Statutory reference:

Campgrounds, see Minn. Rules 4630.0200

§ 162.062 RESIDENTIAL CONSERVANCY.

(A) Purpose. To allow for limited development in areas of the city where topography or natural resources require careful alterations to the land and placement of structures and infrastructure.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet
Maximum residential density	2 dwelling units per acre
Minimum lot frontage	25 feet
Minimum lot size (private sewer)	20,000 square feet
Minimum lot size (city sewer)	9,600 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	5 feet

(3) Accessory building setbacks.

Corner side street	10 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(4) Septic systems.

(a) Sites on septic systems must be able to provide two individual septic locations, a primary and a backup which are indicated on the site plan.

(b) All septic systems must meet the standards identified by the state’s Pollution Control Agency in Minn. Rules Ch. 7080.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.063 RURAL RESIDENTIAL/LIMITED AGRICULTURE.

(A) Purpose. To allow for the use and limited development of areas within city limits that will retain a rural type of development pattern due to the fact that city infrastructure such as sewer and water services are not available currently or in the foreseeable future.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet (with the exception of agricultural buildings such as barns or silos)
Maximum residential density	1 dwelling units per 40 acre
Minimum lot frontage	25 feet
Minimum lot size	108,900 square feet (2.5 acres)
Minimum lot width	270 feet

(2) Principal and accessory building setbacks.

Corner side street	30 feet
Front	30 feet
Rear	30 feet
Side	30 feet

(3) Septic systems. Sites on septic systems must be able to provide two individual septic locations, a primary and a backup which are indicated on the site plan.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.064 RURAL RESIDENTIAL GROWTH/TRANSITIONAL.

(A) Purpose. To allow for the use and limited development of areas that are within city limits, do not have practical access to city sewer and water facilities, but will likely have such access in the future. This district is intended to allow for limited development on private septic and well systems, but provide for an orderly transition to a more urban development pattern on public sewer and water infrastructure as the city grows.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet
Maximum residential density	1 dwelling unit per 2.5 acres
Minimum lot frontage	25 feet
Minimum lot size with CUP	20,000 square feet
Minimum lot size without CUP	108,900 square feet (2.5 acres)
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	5 feet

(3) Accessory building setbacks.

Corner side street	10 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.065 R-1 LOW DENSITY RESIDENTIAL.

(A) Purpose. To allow for the use and development of residential structures, yards and directly related complimentary uses at a lower density than traditionally developed in the originally platted city.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet
Maximum residential density	4 dwelling units per acre maximum (except that, additional guest cottage up to 1,000 square feet or no larger than the principle structure is allowed per each principal residential structure on lots that meet minimum lot size)
Minimum lot frontage	20 feet
Minimum lot size	9,600 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	5 feet (except single-family attached homes which have no side yard setback where attached)

(3) Accessory building setbacks.

Corner side street	3 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.066 R-2 MEDIUM DENSITY RESIDENTIAL.

(A) Purpose. To allow for the use and development of a mix of uses typical in the traditional city community including single-family and multi-family residential structures and accessory uses, yards and associated uses, small service and retail businesses and institutional and recreational uses serving the residents of the community.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum accessory height	25 feet
Maximum height with CUP	35 feet
Maximum principle height without CUP	25 feet
Maximum residential density	7 dwelling units per acre (except that, 1 additional guest cottage up to 1,000 square feet and no larger than the principle structure is allowed per principle residential structure on lots that meet minimum lot size)
Minimum lot frontage	20 feet
Minimum lot size	6,000 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	5 feet
Front	25 feet
Rear	25 feet
Side	5 feet (except single-family attached homes which have no side yard setback where attached)

(3) Accessory building setbacks.

Corner side street	5 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.067 TDC TRADITIONAL DOWNTOWN COMMERCIAL.

(A) Purpose. To allow for the continued use and redevelopment of the downtown or central business district for mixed commercial, service, recreational and residential use. This district is intended to promote the preservation of the traditional historic downtown development pattern typified by densely developed zero lot line structures, multi-occupancy (commercial, service or residential) buildings and mixed use lower level commercial and upper story residential use. A portion of the TDC district is also covered by the Heritage Preservation District, as described in Ch. 159 of this code of ordinances.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum accessory height	20 feet
Maximum principle height without CUP	35 feet
Maximum residential density	None
Minimum lot frontage	5 feet
Minimum lot size	None
Minimum lot width	None

(2) Principal building setbacks.

Corner side street	None
Front	None
Rear	None
Side	None

(3) Accessory building setbacks.

Front	Behind principle structure
Side	3 feet
Corner side street	5 feet
Rear	3 feet

(D) District parking standards. The following amount standards for off-street parking shall apply within the TDC District only and must be provided within 1,000 feet measured from the nearest point of the structure to the nearest point of the off-street parking lot. For uses allowed in the TDC, but not indicated in the following chart, no off-street parking is required (unless required within a CUP). Amount standards apply to new construction only, including any building expansions. Expansion will require that the amount of parking apply to the expansion area only. All parking design standards contained within § 162.108 of this chapter shall apply to the TDC Zone. Additional parking may be required on a case by case basis as part of a conditional or interim use permit.

Use	Parking Requirement
Apartment buildings or mixed uses with 6 or more dwelling units	1 space per every dwelling unit
Commercial retail, professional services, funeral parlors and minor repair and maintenance services over 3,000 square feet of usable floor area	1 space per every 500 square feet
Hotels and motels	1 space per every three rooms
Indoor commercial entertainment and recreational facilities, cultural institutions, restaurants, bars/cocktail lounges, over 3,000 square feet	1 space for every 500 square feet
Mixed uses	For any structure or development which involves more than 1 type of land use, the total off-street parking required shall be the sum of the various uses computed separately
Office uses with over 5 employees	1 space for every two employees
Places of public assembly	1 space per every 6 seats or 1 space for every 10 feet of pews
Single-family attached residential	1.5 spaces per dwelling unit
Single-family detached residential	2 spaces per dwelling unit

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.068 G-C GENERAL COMMERCIAL.

(A) Purpose. To allow for a coexisting mix of commercial and residential uses in certain commercial nodes which are characterized by adjacent arterial or collector roads or a waterway which provides a majority of business to the establishment.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum principle height	35 feet
Maximum residential density	7 dwelling units per acre
Minimum lot frontage	30 feet
Minimum lot size	8,520 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	10 feet (except single-family attached homes which have no side yard setback where attached)

(3) Accessory building setbacks.

Corner side street	5 feet
Front	Behind principle structure
Rear	5 feet
Side	5 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.069 HC HIGHWAY COMMERCIAL.

(A) Purpose. To allow for development or redevelopment of land for commercial/business uses whose needs are, in terms of visibility, transportation access, space, building design or outdoor usage, inconsistent with the traditional downtown development patterns. A portion of HC is also covered by the Business Park Overlay Design District, as described herein.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum accessory height	35 feet
Maximum principle height	50 feet
Maximum residential density	None
Minimum lot frontage	60 feet
Minimum lot size	10,800 square feet
Minimum lot width	90 feet

(2) Principal building setbacks.

Corner side street	20 feet
Front	25 feet
Rear	20 feet
Side	20 feet

(3) Accessory building setbacks.

Corner side street	10 feet
Front	Behind principle structure
Rear	10 feet
Side	10 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.070 I INDUSTRIAL.

(A) Purpose. To allow for development or redevelopment of land for industrial, manufacturing, processing, warehousing, packaging or treatment of products and also intensive commercial uses including those with needs for outdoor bulk storage, services that support industrial businesses, or commercial/service businesses that are not appropriate in other more traditional commercial districts.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum principle height	50 feet
Minimum lot frontage	60 feet
Minimum lot size	21,780 square feet (1/2 acre)
Minimum lot width	90 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	10 feet
Rear	10 feet
Side	10 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.071 PUD PLANNED UNIT DEVELOPMENT.

(A) Purpose. The purpose of a planned unit development is to provide procedures and standards intended to allow flexibility in development in order to further the public interest by encouraging:

(1) Variety in type, design and placement of structures, open spaces and amenities;

(2) Conservation of resources and more efficient use of land;

(3) Sensitivity to unique and valuable natural, cultural and scenic characteristics;

(4) Efficiency of infrastructure with the consolidation of areas for recreation and reductions in street lengths and other utility-related expenses;

(5) Transfers of density with clustering based on number of units per acre instead of specific lot dimensions;

(6) Integration of compatible mixed land uses including single and multi-family residential, low intensity commercial and institutional uses;

(7) Creation of cohesive high amenity neighborhoods or districts in order to establish or preserve local identity or to allow infill within areas of the city which are characterized by existing development; and

(8) The implementation of the goals identified in the adopted City Comprehensive Plan.

(B) Scope.

(1) PUDs will be considered within any of the underlying zoning districts where indicated as permitted or conditional.

(2) The PUD Overlay Zone shall only be considered when the proposed project property meets the following minimum size standards:

(a)

GC	No minimum
HC and I	10 acres
R-1, R-2 Districts	2 acres

(b) Minimum lot area. A residential PUD parcel located in an R-1 or R-2 zoning district of less than two acres may be approved if the applicant can demonstrate that a project of superior design can be achieved to meet one or more of the identified objectives listed in § 162.071(A) and is in compliance with the Comprehensive Plan goals and policies. The Planning Commission shall authorize submittal of a PUD for a parcel of less than two acres prior to submittal of a PUD Concept Plan application.

(C) Allowed uses. Uses allowed in PUD Overlay Districts are specified in the underlying district permitted or conditional uses. If a conditional use is proposed within a PUD, no additional conditional use permit is required to be obtained, but additional conditions may be placed on the PUD. Specific uses and performance standards for each PUD shall be delineated in the pre-application meeting, concept, preliminary and final PUD and development agreement and those uses shall become permitted uses with the acceptance of the PUD and agreement. Any change of uses proposed after the preliminary PUD acceptance will be considered an amendment to the PUD and will require an additional preliminary PUD approval.

(D) Procedure for processing a planned unit development application. There are four stages to the PUD process: pre-application meeting; concept plan; preliminary PUD plan; and final PUD plan, as described below.

(1) Pre-application meeting. Before filing an application for a concept PUD, the developer shall arrange for and attend a pre-application meeting with the Planning Administrator or designee, City Engineer and other appropriate regulatory agencies to review applicable ordinances, regulations and plans in the area to be developed. At this time, the developer shall submit a concept plan of the proposed development showing the proposed density, lots, building layouts, uses, roadway and pedestrian layout, public and common open space and, if available, the proposed connections to community facilities, surrounding neighborhood information, existing natural resources and topography of the site. The concept plan will be reviewed by city staff to provide an advisory review for conformity to the provision of Ch. 151 of this code of ordinances and this chapter without incurring major costs prior to the submission of a preliminary plan and/or plat.

(2) Concept plan. Following the pre-application meeting, the applicant will submit the concept plan to the Planning Administrator or designee to be placed on the next available Planning Commission meeting. The Commission will review the concept plan and make recommendations to the applicant.

(3) Preliminary PUD plan. Following the concept plan review by the Planning Commission, the applicant may submit an application for a preliminary PUD and plat approval concurrently (if applicable), with all supporting data and documentation as referenced in the application. If there is no construction of public right-of-way or significant construction within a public right-right-of way and no construction of public utilities, the Final PUD Plan can be reviewed and approved concurrently with the Preliminary PUD Plan by the Planning Commission and City Council.

(a) The PUD application shall be filed with the Planning Administrator or designee on forms provided with any necessary exhibits, narrative and documents attached and in the quantity specified. A PUD application with all the required documentation for a complete submittal will be provided at or before the pre-application meeting to the owner and/or developer.

(b) The city may excuse an applicant from submitting any specific item of information or document required if they find it to be unnecessary.

(c) The city may require the submission of any additional information or documentation which they determine is necessary for the propose PUD plan.

(4) PUD plan and preliminary plat consideration.

(a) After verification by the city’s Planning Administrator or designee that the preliminary PUD plan and plat, and rezone, if applicable, and supporting data is complete, the Planning Commission shall hold a public hearing.

(b) After the public hearing, the Planning Commission shall report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of the proposed project and rezone if applicable and be published in the official newspaper at least ten days prior to the healing. Written notification of the hearing shall also be mailed at least ten days prior to owners of land within 350 feet of the boundaries of the property proposed for development.

(c) The city may request additional information from the applicant concerning any matters it deems appropriate or retain expert testimony at the expense of the applicant concerning such other matters.

(d) The City Council shall consider the requested PUD after the receipt of the report and recommendations from the Planning Commission within the time allotted by state statute. If the Planning Commission fails to make a report within 60 days after receipt of the application, then the City Council may proceed without the report. The City Council may approve the preliminary PUD plan and preliminary plat, and rezone, if applicable, and attach such conditions, as it deems reasonable or deny the application.

(e) City Council may return the PUD to the Planning Commission for further review.

(5) Final PUD plan. Following approval of the preliminary plan and/or plan, the applicant may submit an application for final PUD and plat approval concurrently (if applicable), with all supporting data and documentation as referenced in the application.

(a) The PUD application shall be filed in writing with the Planning Administrator or designee on forms provided with any necessary exhibits, narrative and documents attached and in the quantity specified. A final PUD application with all the required documentation for a complete submittal will be provided to the owner and/or developer.

(b) Following the preliminary PUD approval, the applicant shall within six months, submit the final PUD Plan for City Council approval. If the platting is occurring simultaneously, the applications can be reviewed at the same time

(d) Rezoning: approval of the final plan shall be considered a formal approval attaching the ‘floating’ PUD Overlay District to the parcel/s proposed for the PUD. The city shall follow public notice procedures in the same manner as a rezoning.

(E) PUD order certificate of compliance.

(1) Upon completion of all conditions and requirements of the PUD imposed by Planning Commission and City Council, and consistent with state and federal law and city code and with the other standards and requirements herein contained, an order authorizing development and use in accordance with the final approved PUD shall be issued by the Planning Administrator or designee. The PUD order shall incorporate the final PUD plan and shall specify in writing the final conditions of approval.

(2) All of the provisions of this chapter applicable to the zone district or overlay districts within which the PUD is located shall apply, except as otherwise provided in the PUD order.

(3) Upon approval by City Council, the applicant will record the final PUD plan, plat and district regulations, if applicable, with the County Recorder and provide a certified copy to the city.

(F) PUD performance standard guidelines.

(1) Height. The maximum height of buildings in PUDs shall not exceed 35 feet in height unless the City Council determines that a taller structure will not create an adverse impact on the surrounding area. Under no circumstances may a structure permitted as part of a PUD exceed 50 feet in height. In order to assist in this decision, the city will require the following from the project applicant:

(a) A detailed explanation as to the reason for the desired increase in height;

(b) A detailed explanation of how the increased height will not create an adverse visual impact; and

(c) Drawings or other visual renderings that show what the proposed development will look like may be requested by the city.

(2) Open space requirements.

(a) At least 50% of the total project area must be preserved as open space, with at least 25% as common open space.

(b) Road rights-of-way, land covered by road surfaces, parking areas and all structures are considered developed areas and shall not be included in the computation of minimum open space.

(c) Open space may include improved outdoor recreational facilities for use by owners, guests of the dwelling units, occupants of transient units or the public.

(d) PUDs in a Shoreland Zone must contain open space meeting all of the following criteria.

1. Dwelling units or sites, road rights-of-way or land covered by road surfaces, parking areas or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space.

2. Areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries must be preserved in the open space.

3. Open space may contain water-oriented accessory structures or facilities if they meet or exceed design standards of shoreland standards in § 162.072 of this chapter and are centralized.

4. The shore impact zone, based on normal structure setbacks, must be preserved as open space. For residential PUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least 50% of the shore impact zone must be preserved in its natural state.

(3) Erosion control and storm water management plans.

(a) Plans must be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips or other appropriate techniques must be used to minimize erosion impacts on surface water features or storm water systems. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.

(b) PUDs must be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff.

(4) PUDs within shoreland.

(a) Impervious surface coverage within any tier must not exceed 25% of the tier area; except that, for commercial PUDs, 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistency herewith.

(b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the dimensional standards for the relevant shoreland classification including: setback from the ordinary high water level, elevation above the surface water features and maximum height.

(c) Shore recreation facilities, including, but not limited to, swimming areas, docks and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock or other relevant factors. The number of spaces provided for continuous beaching, mooring or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.

(d) Structures, parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means, assuming summer, leaf on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

(e) Accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback and must be centralized.

(f) PUDs must be connected to publicly-owned water supply and sewer systems.

(G) City costs. Any costs directly related to a PUD including, but not limited to, professional fees and expenses incurred by the city for consultants, including, but not limited to, planners, engineers, architects and attorneys, who the city determines in its sole judgment are necessary to assist the city in reviewing, implementing or enforcing the provisions of this chapter, shall be reimbursed to the city by the applicant from a deposit made by the applicant with the city. The amount of the deposit, or any addition thereto required by the city, shall be established by the City Council, which shall thereafter, from time to time, make an accounting thereof to the applicant. The city and the applicant may agree to share the costs of consultants based upon a specific written agreement.

(H) Revisions or changes.

(1) Changes to a final PUD (map or text) will follow the same process as a new PUD application. New conditions may be imposed based on criteria and conditions in place at the time of the application.

(2) Applications for a minor change shall be submitted to the Planning Administrator or designee and will be reviewed by staff and placed on the next available Planning Commission for their review. If determined that the requested change is “minor”, the changes can be approved administratively. The applicant will record all documents with the County Recorder and provide a copy to the city.

(3) If a plan or section is given final approval and, thereafter, the land owner shall abandon the plan that has been approved or if the land owners shall fail to commence the PUD within 18 months after final approval has been granted, the approval shall terminate unless a time period is extended by the Planning Commission upon written application from the land owner. The PUD Zoning District created shall revert back to the zoning classification that applied prior to approval of the PUD District.

(I) Phasing and guarantee of performance.

(1) The Planning Commission shall compare the actual development accomplished with a PUD order on a periodic basis.

(2) Upon recommendation of the Planning Commission and for good cause shown by the developer, the City Council may change the development schedule as required by the PUD order.

(3) The construction and provision of all of the common open space and public and recreational facilities which are shown on the final PUD plan must proceed at least at the same (but not slower than) rate as the construction of dwelling units, transient units or other useable buildings in the PUD, if any. The Planning Department shall review all of the building permits issued for the PUD and examine the construction that has taken place on the site. If the City Planner finds that the rate of construction of dwelling units, transient units or other useable buildings in the PUD is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he or she may forward this information to the City Council with a recommendation for action.

(4) A development agreement shall be entered into by the developer to ensure completion of the PUD in a timely manner and that provides for security for the performance of the developer’s obligation under the final PUD plan and PUD order including a performance bond or letter of credit.

(J) Control of planned unit development following completion.

(1) After a PUD order has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the PUD shall be governed by the PUD order, the development agreement and applicable building and fire codes. After a PUD order has been issued, no changes shall be made in the approved final PUD plan, except as provided in this chapter or as provided below.

(a) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Planning Commission if they are consistent with the purposes and intent of the final PUD plan and PUD order. No change authorized by this chapter may increase the square cubic volume of any building or structure by more than 10%.

(b) Any building or structure that is totally or substantially destroyed by fire or other casualty may be reconstructed only in compliance with final PUD plan unless an amendment to the final PUD plan and PUD order is approved under the provisions of this chapter.

(c) Changes in the use of the common open space may be authorized only by an amendment to the final PUD plan and PUD order under this chapter.

(d) Any other changes in the final PUD plan and PUD order must be authorized by an amendment pursuant to this chapter.

(2) Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:

(a) Commercial uses not approved during the PUD process are prohibited in the designated open spaces;

(b) Vegetation and topographic alterations other than routine maintenance is prohibited;

(d) Uncontrolled beaching of watercraft prohibited.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018; Ord. passed 4-2-2024)

§ 162.072 SHORELAND OVERLAY ZONE.

(A) Statutory authorization. This section is adopted pursuant to the authorization and policies contained in: M.S. Ch. 103, as it may be amended from time to time; Minn. Regs. parts 6120.2500 through 6120.3900; and the city planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time.

(B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare by contributing to pollution of public waters and by impairing the local tax base. It is, therefore, in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. The legislature of the state has delegated this responsibility to local governments. The responsibility is hereby recognized by the city.

(1) Jurisdiction. The provisions of this chapter shall apply to the shorelands in the city of the public waters identified and classified in division (E) below.

(2) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and sewage treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section.

(3) Enforcement. The Planning Administrator or designee is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity pursuant to division (D)(1) below or § 162.028 of this chapter.

(4) Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statute.

(5) Estimated ordinary high water level.

River Mile	Elevation (NGVD 1929) Feet
762	671.5
761	670.8
Hwy 25 Br.	670.2
760	670.1
759	669.6
758	668.8
757	668.3

(D) Administration of shoreland regulations.

(1) Permits required. A zoning permit, as identified under § 162.028 of this chapter, is required for any structure, use of or alteration of land, the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems and those grading and filling activities not exempted by divisions (G) and (H) below. Application for a permit shall be made to the Planning Administrator on designee on the forms provided. The application shall include the necessary information so that staff can determine the site’s suitability for the intended use and that compliant sewage treatment will be provided.

(2) Notifications to the DNR required.

(a) Copies of all notices of any public hearings to consider variances, zoning amendments (map or text), conditional uses and subdivisions or plats within the designated shoreland must be sent to the Commissioner or the Commissioner’s designated representative (typically, the area hydrologist) and postmarked at least ten days before the hearing. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(b) Upon final approval of a zoning ordinance amendment a subdivisions/plats, a granting of variances or conditional uses located with the designated shoreland, notification of the approvals must be sent to the Commissioner or the Commissioner’s designated representative (typically the area hydrologist) and postmarked within ten days of final action.

(c) When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the Board of Adjustment’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

(3) Appeals and variances. An application for a variance shall be filed in writing with the Planning Department as specified under § 162.030 of this chapter.

(4) Rezoning (modifications to underlying zoning districts within the shoreland boundary). Any modification to underlying zoning districts within the shoreland boundary shall be consistent with the goals, policies and objectives of the adopted comprehensive land use plan, in conformance with the criteria specified in Minn. Regs. part 6120.3200, subd. 3, or as amended, and the following criteria, considerations and objectives:

(a) General considerations and criteria for all land uses:

1. Preservation of natural areas;

2. Present ownership and development of shoreland areas;

3. Shoreland soil types and their engineering capabilities;

4. Topographic characteristics;

5. Vegetative cover;

6. In water physical characteristics, values and constraints;

7. Recreational use of the surface water;

8. Road and service center accessibility;

9. Socioeconomic development needs and plans as they involve water and related land resources;

10. The land requirements of industry which, by its nature, requires location in shoreland areas; and

11. The necessity to preserve and restore certain areas having significant historical or ecological value.

(b) Factors and criteria for planned unit developments:

1. Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;

2. Physical and aesthetic impacts of increased density;

3. Suitability of lands for the planned unit development approach;

4. Level of current development in the area; and

5. Amounts and types of ownership of undeveloped lands.

(c) When an interpretation question arises about whether a specific land use fits within a given zoning district or “use” category, the interpretation shall be made by the Planning Commission.

(d) When there is a request for rezoning within the Shoreland District, the applicant must provide the supporting and/or substantiating information for the specific parcel in question indicating that the new zone would meet the standards described in divisions (D)(4)(a) through (D)(4)(c) above.

(E)

	Protected Water Classification	Protected Waters I.D.#
Robinson Lake	General development lake	79005 02
Schmidt Coulee (Brewery Cr.)	Tributary stream	Legal Description; T111N,R10W, Sec. 19 & 30
U.S. Lock and Dam No.4 Pool (Mississippi Pool #4)	General development lake	79005 00

(F) Shoreland zones and requirements. Whenever allowed uses are not consistent between the Shoreland Overlay Zone and the underlying zoning district, the more restrictive of the two shall apply.

(1) S-1. The purpose of the S-1 Shoreland Overlay Zone is to provide standards for shoreland areas within the city that are primarily undeveloped.

(a) Allowable uses.

1. Permitted uses:

a. Single-family detached residential dwelling units;

b. Accessory structures as allowed in underlying zone;

c. Forest management;

d. Sensitive resource management; and

e. Agricultural: cropland and pasture.

2. Conditional uses:

a. Parks and historic sites; and

b. Campgrounds.

3. Interim uses:

a. Grading, filling and excavation over three cubic yards per 100 square feet of land in the shore impact zone or on steep slopes, and/or more than 1,000 cubic yards outside of shore impact or steep slopes (see also division (H) below); and

b. Extractive uses.

(b) Minimum lot area and width standards.

	Riparian Lots		Non-Riparian Lots
	Area	Width	Area	Width
Sewered areas	15,000	75	10,000	75
Unsewered areas	40,000	150	40,000	150

	Riparian	Non-Riparian
Sewered	2.9 d.u. per acre	4.3 d.u. per acre
Unsewered	1 d.u. per acre	2 d.u. per acre

(d) Impervious surface coverage. Impervious surface coverage of lots must not exceed 25% of lot area.

(e) Setbacks. Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones.

(f) Public waters. Public and semi-public uses with needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water- oriented needs must meet the following standards.

1. Parking areas or parking structures must be designed to incorporate topographic and vegetative screening from the public waters assuming summer, leaf on conditions.

2. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.

3. Uses that depend on patrons arriving by watercraft may use unlit signs to convey needed information to the public, subject to the following general standards.

a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.

b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground and must not exceed 25 square feet in size.

c. Outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

(g) Agricultural use standards. For cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting steep slopes and shore and bluff impact zones must be maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation district or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone boundary for parcels with allowed (permitted or conditional) agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

(h) Animal feedlots.

1. New feedlots are not allowed in the Shoreland Districts.

2. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or bluff impact zone.

(2) S-2. Provides standards for shoreland areas that have some development, but residential densities are intended to remain low (low density residential land uses).

(a) Allowable uses.

1. Permitted uses:

a. Single-family residential dwelling units (detached or attached) with up to four dwelling units;

b. Accessory structures as allowed in underlying zone;

c. Multi-family residential with up to four dwelling units;

d. Forest management;

e. Sensitive resource management; and

f. PUD with uses as allowed in underlying zoning district.

2. Conditional uses:

a. Semi-public uses (when allowed as permitted or conditional in the underlying zoning district);

b. Parks and historic sites;

c. Campgrounds;

d. Mixed use (residential and commercial) with only those uses allowed in the underlying zoning district;

e. Commercial and service oriented businesses (as allowed as a conditional or permitted use in the underlying zoning district);

f. Golf courses, clubs and other recreational uses not conflicting with neighboring residential use; and

g. Places of public assembly.

3. Interim uses:

a. Grading, filling and excavation over three cubic yards per 100 square feet of land in the shore impact zone or on steep slopes, and/or more than 1,000 cubic yards in all shoreland areas (see also division (I) below); and

b. Extractive uses.

(b) Minimum lot area and width standards.

	Riparian Lots		Non-Riparian Lots
	Area	Width	Area	Width
Sewered areas
Single	14,000	75	10,000	60
Duplex	26,000	135	17,500	120
Triplex	38,200	195	25,000	190
Quad	49,000	255	2,5000	245
Unsewered areas
Single	40,000	150	40,000	150
Duplex	80,000	265	80,000	80,000
Triplex	120,000	375	3	120,000
Quad	160,000	490	160,000	490

	Riparian	Non-Riparian
Sewered	3 d.u. per acre	4.3 d.u. per acre
Unsewered	1 d.u. per acre	2 d.u. per acre

(d) Impervious surface coverage. Impervious surface coverage of lots must not exceed 25% of lot area.

(e) Setbacks. Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas and must be designed to minimize adverse impacts.

(f) Commercial, public and semi-public uses. Commercial, public and semi-public uses located on riparian lots must meet the following standards.

1. In addition to meeting impervious coverage limits, setbacks and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards.

(3) S-3. Provides standards for shoreland areas that cover the historic neighborhoods of the city, which are primarily residential, but also include commercial and institutional uses. The use of PUDs or other clustering techniques is not allowed in order to encourage the traditional neighborhood pattern of development.

(a) Allowable uses.

1. Permitted uses:

a. Single-family residential dwelling units (detached or attached with up to two dwelling units);

b. Multi-family residential with up to two dwelling units;

c. Accessory structures as allowed in underlying zone;

d. Sensitive resource management; and

e. Forest management.

2. Conditional uses:

a. Single-family attached residential with three or more units (when allowed as permitted or conditional in the underlying zoning district);

b. Multi-family residential with three or more units (when allowed as permitted or conditional in the underlying zoning district);

c. Semi-public uses (as allowed in the underlying zoning district);

d. Parks and historic sites;

e. Campgrounds;

f. Mixed use (residential and commercial) with only those uses allowed in the underlying zoning district;

g. Surface water-oriented commercial uses (as allowed in the underlying zoning district);

h. Hospitals, dentists offices and clinics;

i. Places of public assembly;

j. Commercial and service oriented businesses (as allowed as a conditional or permitted use in the underlying zoning district); and

k. Essential governmental uses buildings and storage facilities (as allowed as a conditional or permitted use in the underlying zoning district).

3. Interim uses: grading, filling and excavation over three cubic yards per 100 square feet of land in the shore impact zone or on steep slopes, and/or more than 1,000 cubic yards in all shoreland areas. (See also division (I) below.)

(b) Minimum lot area and width standards.

	Riparian Lots		Non-Riparian Lots
	Area	Width	Area	Width
Sewered areas
Single	8,580	60	8,580	60
Duplex	14,300	100	14,300	100
Triplex	38,000	195	25,000	190
Quad	49,000	255	25,000	245
Multi > 4 units	49,000	255	25,000	245
Non-residential	8,580	60	8,580	60
NOTES TO TABLE: *All development in this zone must be connected to city sewer.

	Riparian and Non-Riparian Lots
Sewered	6 d.u. per acre

(d) Setbacks. Every effort should be made to design roads, driveways and parking areas to meet structure setbacks. These will only be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas and must be designed to minimize adverse impacts.

(e) Non-conforming structures. A request for a variance (following the process outlined in division (D)(3) above) will be considered for reconstruction of pre-existing structures within the pre-existing footprint and height if damaged more than 50% of the assessor’s market value for uses allowed as permitted or conditional within the S-3 overlay and underlying zoning district.

(f) Impervious surface coverage. Impervious surface coverage of lots must not exceed 40% of lot area. Conditional uses may be required to provide up to 75% non-impervious surface (25% impervious).

(g) Commercial, industrial, public and semi-public uses. Commercial, industrial, public and semi-public uses located on riparian lots must meet the following standards.

1. Parking lots shall be designed to incorporate topographic or vegetative screening of parking areas from public waters when visible from the waters.

3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards.

(4) S-4. Provides standards for shoreland areas that are high density, mixed use or commercial in nature historically or designated in the Comprehensive Plan.

(a) Allowed uses. Uses as identified in the underlying zoning ordinance shall prevail.

(b) Lot area and width standards. Standards as identified in the underlying zoning ordinance shall prevail. All development in this zone must be connected to city sewer.

(c) Impervious surface coverage. The following shall apply to new construction or additions to an existing building footprint.

Type of Use	Maximum Impervious Surface Coverage
Commercial, public or mixed uses of up to 18,000 square feet (building footprint)	No maximum
Commercial, public or mixed uses of 18,001 square feet or more (building footprint)	25%*
Residential with up to 2 dwelling units	50%
NOTES TO TABLE: * Impervious coverage may be increased by 15% for these uses if the following is provided: 1. A storm water retention plan be submitted showing containment of the five-year, 24-hour storm event on the parcel. 2. Direct runoff of storm water to adjacent water bodies, including wetlands and adjacent parcels, shall be eliminated through the use of berms, filtration strips, swales or other permanent means.

(d) Setbacks. Every effort should be made to design roads, driveways and parking areas to meet structure setbacks. These will only be placed within bluff and shore impact zones when no other reasonable and feasible placement alternatives exist. Evidence providing proof that such locations are not feasible must be provided with application and found acceptable by the Planning Administrator or designee or Planning Commission. If no alternatives exist, they may be placed within these areas and must be designed to minimize adverse impacts.

(e) Commercial, industrial, public and semi-public uses. Commercial, industrial, public and semi-public uses located on riparian lots must meet the following standards.

1. Parking lots shall be designed to incorporate topographic or vegetative screening of parking areas from public waters when visible from the waters.

3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards.

(5) Brewery Creek. Provides standards for the Brewery Creek Shoreland area.

(a) Lot width standards. There are no minimum lot area requirements for streams. The lot width standards are:

	Sewered	Unsewered
Single	75	100
Duplex	115	150
Triplex	150	200
Quad	190	250

(b) Residential density. Densities of the underlying zoning district will prevail.

(d) Allowable uses.

1. Permitted uses:

a. Forest management;

b. Sensitive resource management; and

c. Agricultural: cropland and pasture.

2. Conditional uses:

a. Parks and historic sites;

b. Campgrounds; and

c. Agricultural feedlots.

3. Interim uses: extractive use.

(6) Additional zoning requirements. The following standards apply to areas within every Shoreland District. Setbacks from OHWL: when more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level; provided, the proposed building site is not located in a shore impact zone or in a bluff impact zone.

	Structure		Sewage Treatment System
	Sewered	Unsewered	Sewage Treatment System
Brewery Creek	50 feet	100 feet	75 feet
Mississippi Pool #4	50 feet	75 feet	50 feet
Water-orientated accessory structure*	10 feet	10 feet	-
NOTES TO TABLE: * One water-oriented accessory structure per residential lot designed in accordance with division (H) below is allowed.

(7) Additional structure setbacks.

(a) The following additional structure setbacks apply, regardless of the classification of the waterbody:

Setback From:	Setback
Top of bluff	30 feet
Unplatted cemetery	50 feet

(b) Setbacks from streets and property lines are required as indicated in the underlying zoning district.

(8) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

(9) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(10) Sewage treatment. A sewage treatment system not meeting the requirements of division (O) below must be upgraded, when a permit or variance of any type is required for any improvement on, or use of, the property.

(11) Vegetation alterations.

(a) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by division (I) below are exempt from the vegetation alteration standards that follow.

(b) Removal or alteration of vegetation (except for allowable agricultural and forest management uses) is allowed subject to the following standards.

1. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forestland conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities; provided that:

a. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

b. Along creeks, existing shading of water surfaces is preserved; and

c. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.

(c) Use of fertilizers and pesticides in all districts must minimize runoff into shore impact zones and public waters by use of earth, vegetation or both.

(12) Guest cottage. One guest cottage may be allowed on lots which meet or exceed the standards for a duplex within that shoreland zone. The following standards must also be met.

(a) For lots which qualify for future subdivision, the guest cottage must be located in proximity to the principle residence so that the structures would remain on the same parcel if a lot split were to occur.

(b) A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height.

(c) A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by use of vegetation, topography, increased setbacks or color (assuming summer leaf-on conditions).

(13) Public waters. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions are permissible and must meet or exceed the following standards.

(a) They must meet the width and size requirements for residential lots and be suitable for their intended uses.

(b) If docking, mooring or over water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by 5% of the requirements for riparian residential lots for each watercraft beyond six.

(c) They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot.

(d) Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non- significant conflict activities include swimming, sunbathing or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.

(G) Design criteria for structures.

(1) High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, along Brewery Creek, the elevation to which the lowest floor, including the basement, is placed or flood-proofed must be determined as follows.

(a) By placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation.

(b) Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minn. Rules parts 6120.5000 to 6120.6200, governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities.

(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind driven waves and debris.

(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in divisions (F)(1) through (F)(5) above if this water- oriented accessory structure complies with the following provisions.

(a) The structure or facility must not exceed ten feet in height, exclusive of safety rails and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point.

(b) The setback of the structure or facility from the ordinary high water level must be at least ten feet.

(c) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by use of vegetation, topography, increased setbacks or color (assuming summer, leaf-on conditions).

(d) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.

(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

(f) As an alternative for general development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet; provided, the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

(3) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following requirements.

(a) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments.

(b) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open space recreational properties and planned unit developments.

(d) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground; provided, they are designed and built in a manner that ensures control of soil erosion.

(e) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.

(f) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas; provided that, the dimensional and performance standards herein are complied with in addition to the requirements of Minn. Rules Ch. 1340.

(4) Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

(5) Steep slopes. The Planning Administrator or designee must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(6) Height of structures. All structures in residential districts, except places of worship and non-residential agricultural structures, must not exceed the height limits specified in the underlying zoning districts.

(H) Topographic alterations/grading and filling.

(1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate permit. However, the grading and filling standards in this chapter must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.

(2) Public roads and parking areas are regulated by division (I) below.

(3) Notwithstanding divisions (H)(1) and (H)(2) above, a zoning permit will be required based on the following table unless a property owner provides evidence that the fill meets the standards outlined in the State DNR’s “Shoreline Alterations: Beach Blanket” publication (dated October 2012 or as revised). *Amount of square feet is the project area where work is occurring not the entire property.

	Shore Impact (Within 25 Feet of Shoreline) or Steep Slopes	Shoreland Outside of Shore Impact or Steep Slopes
Under 1 cubic yard per 100 square feet*	No permit required	No permit required
Between 1 and 3 cubic yards per 100 square feet*	Zoning permit required	No permit required
3 or more cubic yards per 100 square feet*	Interim use permit required	Zoning permit required
1,001 cubic yards or more total*	Interim use permit	Interim use permit

(4) The following considerations and conditions must be adhered to during the issuance of construction permits, zoning permits, conditional/interim use permits, variances and subdivision approvals.

(a) Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities: (*This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other local, state or federal agencies such as a watershed district, the state’s Department of Natural Resources or the United States Army Corps of Engineers.)

1. Sediment and pollutant trapping and retention;

2. Storage of surface runoff to prevent or reduce flood damage;

3. Fish and wildlife habitat;

4. Recreational use;

5. Shoreline or bank stabilization; and

6. Note worthiness, including special qualities such as historic significance, habitat for endangered plants and animals, or others.

(b) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.

(c) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.

(d) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.

(e) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.

(f) Fill or excavated material must not be placed in a manner that creates an unstable slope.

(g) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.

(h) Fill or excavated material must not be placed in bluff impact zones.

(i) Any alterations below the ordinary high water level of public waters must first be authorized by the DNR Commissioner under M.S. § 103G.245, as it may be amended from time to time.

(j) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.

(k) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted under the following circumstances.

1. The finished slope does not exceed three feet horizontal to one foot vertical or meets the average slope of the current bank throughout the project area.

2. The landward extent of the riprap is within ten feet of the ordinary high water level.

3. The height of the riprap above the ordinary high water level does not exceed three feet or the meets the average height of the current bank throughout the project area.

4. Along any shore open to the public (public land or right-of way):

a. At least one pedestrian path or stairway for each parcel of land under separate ownership is provided for access to the water; and

b. Placement of riprap will not cover beaches (areas typically above water at normal water level) unless the DNR verifies the need in order for shore stabilization.

(l) A zoning permit is required for excavations where the intended purpose is connection to public water, such as boat slips, canals, lagoons and harbors. This may be issued only after the Commissioner of the DNR has approved the proposed connection to public waters.

(I) Placement and design; roads, driveways, parking areas.

(1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography in shoreland areas where it still exists to achieve maximum screening from view from public waters. Documentation must be provided by a civil engineer or landscape architect that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

(2) Public and private watercraft access ramps, approach roads and access related parking areas may be placed within shore impact zones, but must be designed and constructed to take advantage of natural vegetation and topography in shoreland areas where it still exists, to achieve maximum screening from view from public waters and minimize and control erosion to public waters. Construction requiring grading and filling as identified in division (H) above must meet all zoning permit requirements listed in that division.

(J) Storm water management; general standards.

(1) When possible, existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public waters.

(2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

(3) When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities

(4) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district.

(5) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(K) Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the state’s Non-Point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management “Best Management Practices in Minnesota”.

(L) Extractive use standards.

(1) Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate. Adverse environmental impacts, particularly erosion and must clearly explain how the site will be rehabilitated after extractive activities end.

(2) Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

(M) Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures established in § 162.029 of this chapter. The following additional evaluation criteria and conditions apply within shoreland areas.

(1) Evaluation criteria. The Planning Commission shall review the application and consider the waterbody, the topography, vegetation and soils conditions on the site and only issue a CUP where there are findings to ensure:

(a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

(b) The visibility of structures and other facilities as viewed from public waters is limited in undeveloped areas and screened as deemed appropriate in developed areas;

(d) The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

(2) Conditions attached to conditional use permits. The Planning Commission, upon consideration of the criteria listed above and the purposes of the shoreland section, shall attach conditions to the issuance of conditional use permits as it deems necessary to fulfill the purposes of this chapter and the adopted Comprehensive Plan. Conditions imposed will be based on the goals of maintaining or improving water quality and/or the scenic and natural atmosphere from the protected public water. Conditions may include, but are not limited to, the following:

(a) Increased setbacks from the ordinary high water level;

(b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;

(c) Special provisions for the location, design and use of structures, sewage treatment systems, watercraft launching and docking areas and vehicle parking areas;

(d) Requirements to connect to city sewer services; and

(e) Additional storm water management infrastructure or procedures.

(N) Non-conformities. All legally established non-conformities as of the date of this chapter may continue, according to applicable state statutes and regulations stated in divisions (F) and (G) above; except that, the following standards will also apply in all shoreland areas:

(1) Lots of record in the office of the county’s Register of Deeds on the date of enactment of local shoreland controls that do not meet the requirements of divisions (F) and (G) above may be allowed as building sites without variances from lot size requirements; provided, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time and sewage treatment and setback requirements of this chapter are met.

(2) A variance from setback requirements, if necessary, must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

(3) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of divisions (F)(1) through (F)(5) above, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the minimum lot area requirements for that area of shoreland as much as possible.

(4) A deck addition to a structure not meeting the required setback from the ordinary high water level may be allowed without a variance if all of the following criteria and standards are met:

(a) The structure existed on the date the structure setbacks were established;

(b) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

(c) The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and

(d) The deck is constructed primarily of wood, and is not roofed or screened.

(O) Sewage treatment.

(1) Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows.

(a) The city sewer system must be used where available.

(b) All private sewage treatment systems must meet or exceed the State Pollution Control Agency’s standards for individual sewage treatment systems contained in the document titled, “Individual Sewage Treatment Systems Standards, Chapter 7080”, a copy of which is hereby adopted by reference and declared to be a part of this chapter.

(2) (a) A sewage treatment system not meeting the requirements of divisions (O)(1)(a) and (O)(1)(b) above must be upgraded, when a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall be considered conforming if the only deficiency is the setback from the ordinary high water level.

(b) Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.201, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing; except that, systems using cesspools, leaching pits, seepage pits or other deep disposal methods, or systems with insufficient separation from ground water shall be considered non-conforming.

(P) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state’s Department of Health and the state’s Pollution Control Agency.

(Q) Subdivision provisions.

(1) Land suitability. Each lot created through subdivision, including planned unit developments (PUD) must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. Information required as part of the subdivision process (as detailed in Ch. 161 of this code of ordinances) will be used to make a determination of land suitability.

(2) Consistency with other controls. In areas not served by publicly-owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and sewage treatment consistent with all other sections of this subdivision can be provided for on every lot. In unsewered areas, each lot shall meet the minimum lot size requirements of that district, and have at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

(3) Information requirements. Sufficient information must be submitted by the applicant to make a determination of land suitability. The information shall include at least the following:

(a) Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;

(b) The surface water features required in M.S. § 505.021, as it may be amended from time to time, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;

(c) Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests or other methods;

(d) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near shore aquatic conditions, including depths, types of bottom sediments and aquatic vegetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities;

(e) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and

(f) Lines or contours representing the ordinary high water level, the “toe” and the “top” of bluffs and the minimum building setback distances from the top of the bluff and the lake or stream.

(R) Planned unit developments (PUDs).

(1) Planned unit developments (PUDs) are allowed in the S-2 shoreland area for new projects on undeveloped land and redevelopment of previously built sites.

(2) PUDs must be processed according to § 162.071 of this chapter.

(3) PUDs may utilize a tier system to allow for additional density within the shoreland area, as based on the following:

(a) Shoreland tier dimensions (measured from the ordinary high water level proceeding landward):

	Unsewered (feet)	Sewered (feet)
Brewery Creek	300	300
Pool 4 - first tiers	200	200
Pool 4 - all other tiers	267	200

(b) The suitable area within each tier is calculated by excluding from the tier area all wetlands, bluffs or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial PUD density evaluation steps to arrive at an allowable number of dwelling units or sites.

(4) (a) The base density for residential uses in the S-2 Zone is indicated in § 162.071(F)(2)(c) of this chapter.

(b) Commercial uses may be incorporated into a PUD as long as all zoning layers allow and be included within the density transfer process. For the purpose of determining density of a commercial use:

1. Determine the average residential dwelling unit square footage (interior living space) within the PUD project; and

2. Apply this to the proposed commercial unit, with each one dwelling unit amount of square footage in the proposed commercial use being equivalent to one dwelling unit.

(c) Allowable densities may be transferred from any tier to any other tier further from the waterbody within the same zoning district, but must not be transferred to any other tier closer to the water.

(d) Increases to the site base densities listed in division (F)(2)(c) above are allowable only if the dimensional standards in division (F)(2)(b) above, the general requirements stated herein are met, and the structure setbacks from the ordinary high water levels is increased by 50% greater than minimum setback or the impact on the waterbody is reduced through vegetative management, topography or other means and the setback is at least 25% more than otherwise minimum. Allowable dwelling unit or dwelling site density increases for residential or commercial PUDs:

	Maximum Density Increase by Tier (percent)
First	50
Second	100
Third	200
Fourth	200
Fifth	200

(5) Existing resorts or other land uses and facilities may be converted to residential common interest communities through the city platting process, as outlined in Ch. 161 of this code of ordinances.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.073 EMERGENCY RESPONSE AREA (ERA).

(A) Purpose. The purpose of the emergency response area is to protect the quality of the public water source, ensuring a safe and adequate drinking water supply, by further regulating any potential harmful uses allowed within the emergency response area of the wellhead protection plan.

(B) Scope. The ERA shall be defined and identified in the city’s current wellhead protection plan.

(C) Appeals and variances. An application for a variance shall be filed in writing with the Planning Administrator or designee, as specified under § 162.030 of this chapter.

(D) Rezoning (modifications to underlying zoning districts within the ERA). Any modification to underlying zoning districts within the ERA shall be consistent with the goals, policies and objectives of the adopted comprehensive land use plan, the adopted wellhead protection plan (also as updated or amended) and the following criteria, considerations and objectives: changes to underlying zoning districts where the utilization, storage or transportation of potential contaminants to the water supply shall be required to get a conditional or interim use permit through this subdivision.

(E) Special notifications. Any changes to zoning district boundary or uses allowed and all applications for conditional/interim use permits shall be submitted to the City Engineer for review and comment. The City Engineer and/or Planning Administrator or designee may submit information to State or County Health Departments or similar agencies for advice or assistance. Rain gardens or other infiltration structures may be subject to other regulations.

(F) Uses requiring a conditional or interim use permit. The following uses within the ERA shall require a conditional or an interim use permit as required in the underlying zoning district:

(1) Agricultural services;

(2) Animal feedlots;

(3) Contractor yards;

(4) Crop farming;

(5) Excavations;

(6) Excavation/mineral extraction;

(7) Extractive uses;

(8) Fill, filling or filling operations;

(9) Establishment of new private wells - major;

(10) Gas stations;

(11) Hazardous materials storage or use;

(12) Industrial services;

(13) Industrial warehousing distribution or storage;

(14) Industrial, heavy;

(15) Industrial, light;

(16) Institutional uses;

(17) Junkyards;

(18) Landfills;

(19) Mining site/operations;

(20) Nursery/greenhouses;

(21) Landscaping businesses;

(22) Repair and maintenance services;

(23) Retail agriculture;

(24) Sewage treatment systems; and

(25) Waste management facilities.

(G) Conditions. Conditions imposed will be based on maintaining the purpose of this district which may include but are not limited to the following:

(1) Structures and/or mechanisms for containment of potential contaminant spills;

(2) Spill response plans;

(3) Security measures on storage areas;

(4) Storm water infrastructure which protects the water supply from potential contaminant infiltration. Infiltration may be prohibited based on MPCA rules;

(5) Site plans and road management programs (including salt application management) of roads, parking lots or other similar surfaces in order to protect the water supply from potential contaminant infiltration;

(6) Site plans and turf management programs (including fertilizer application management) for open and/or vegetative areas to protect the water supply from potential contaminant infiltration; and

(7) Evidence of required state and/or federal permits and required monitoring programs.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

Wabasha City Zoning Code

DISTRICT REGULATIONS

§ 162.060 USE CHART.

	Zones
Use	RC	RRLA	RRGT	R-l	R-2	TDC	GC	HC	I
ACCESSORY USES
Accessory building	P	P	P	P	P	P	P	P	P

AGRICULTURAL USES
Agricultural stand	P	P	P
Crop farming	P	P	P
Grain storage facility							C		P
Limited livestock raising	P	P
Raising of chickens/more than number allowed	I	I	I	I	I

Bar/brewery uses
Bars/cocktail lounge						P	P	P
Brewery									C
Brewpub						P	P	P
Distillery									C
Micro-distillery with tasting room						P	P	P
Small brewery with taproom						P	P	P

INDUSTRIAL USES
Heavy industrial									C
Industrial service									P
Industrial warehousing distribution or storage facilities								C	P
Light industrial								C	P
Mining operations or extractive use									I

INSTITUTIONAL USES
Airport			C
Cemetery	C	C	C	C	C
Communication tower	C	C	C	C			C		C
Cultural institutions						C	C	C
Essential utility and public service facilities < 600 s.f.	P	P	P	P	P	P	P	P	P
Essential utility and public service facilities > 601 - 1,000 s.f.	C	C	C	C	C	C	C	C	C
Essential utility and public service facilities > 1,001 s.f.									C
Institutional uses	C	C	P	P	P	P	C	C
Family day care	P	P	P	P	P
Group family day care				P	P
Group day care					P	C	P	p
Supervised living facility				P	P
Solar garden/farm >5,000 s.f.	I	I	I	I	I				I

MISCELLANEOUS USES
Adult entertainment establishment									I
Cannabis businesses						I
Commercial kenneling	I	I	I
Greenhouses/nursery/landscape business	I	C	I
Lower-potency hemp products						P	P	P	P
Major traffic generator	C	C	C	C	C	C	C	C	C
Mixed use with 4 dwelling units or less and <1,000 s.f. of institutional uses, and/or <1,500 s.f. office, retail and/or service uses					C	P	P
Mixed use with 5 dwelling units or more with any other uses excluding industrial uses						C	C
Parking garage						C	C
Structures higher than maximum height (§§ 162.065 and 162.066 of this chapter)					C	C

OFFICE USES
Professional use up to 1,500 sq. ft.				C	C	P	P	P	P
Professional use > 1,501 sq. ft.					C	P	P	P	P
RECREATIONAL USES
Club				C	C	P	P	P
Golf course	C		C	C	C
Hunting/shooting club	C	C	C
Marina	C	C	C	C	C	C	C
Parks and open space	P	P	P	P	P	P	P	P	P
Recreational entertainment facility, major	C	C				C	P	P	P
Recreational entertainment facility, minor		C			C	P	P

RESIDENTIAL USES
Accessory apartment	I	P	I	I	I	C
Bed and breakfast	I	C	I	I	I	C	C
Campground	C	C	C	C	C		C
Guest cottage	C	P	C	C	C	C
Home occupation	P	P	P	P	P
Hotel/motel up to 40 rooms						P	P	P
Hotel/motel - 40 - 70 rooms						C	C	P
Hotel/motel >70 rooms								C
Manufactured home park					C
Multi-family dwellings - up to 20 units					C	C	C
Multi-family dwellings - more than 20 units						C	C
Short term rental dwelling unit	P	P	P	P	P	P
Single-family detached	P		P	P	P	P	P
Single-family attached dwelling - up to 2 units		P		C	P
Single-family attached dwelling - up to 4 units				C	P
Single-family attached dwelling - more than 4 units					C
RETAIL USES
Commercial retail up to 1,500 s.f.					C	P	P	P	P
Commercial retail >than 1,500 s.f.						P	P	P	P
Contractor yard							I	I	I
Gas stations							P	P	P
Open sales, service, rentals lot						I	I	I	I
Restaurants						P	P	P
Restaurant/bar outdoor seating						C	C	C
Restaurant- drive-in/drive-thru							P	P

SERVICE USES
Funeral parlors					C	P	P	P
Repair and maintenance services						C	P	P	P
Self-storage facilities (indoor only) up to 1,500 s.f.					C	C	P	P	P
Self-storage facilities (indoor only) > than 1,500 s.f.							P	P	P
Self-storage facilities - outdoor								C	C
NOTES TO TABLE: * C = conditional use * I = interim use * P = permitted use * Blank = not allowed * Zoning district acronym (see § 162.045 of this chapter)

§ 162.061 USE DEFINITIONS.

(A) Accessory use.

(B) Agricultural uses.

CROP FARMING. The tilling of the soil, growing, harvesting and storing crops, agriculture related commercial, storage yards, industrial uses and services.

BREWERY. A facility that produces, for sale, beer, ale or other beverages made from malt by fermentation and containing not less than 0.5% alcohol by volume.

BREWPUB. A small brewery that operates a restaurant on the same premises as the brewery, whose malt liquor production per calendar year may be limited by state statue.

SMALL BREWERY WITH TAPROOM. A brewery that produces no more than 20,000 barrels of malt liquor in a calendar year.

(D) Industrial uses.

(E) Institutional uses.

COMMUNICATION TOWER. Any lower structure used for the purpose of providing transmission of cell phone, radio or other personal wireless facilities.

ESSENTIAL UTILITY FACILITY. Structures which provide shelter for equipment, a central utility hub for utilities, booster or transmitting (not including towers).

SOLAR GARDEN/FARM. A solar power installation that accepts capitol from and provides output credit and tax benefits to individuals and other investors.

STATE LICENSED RESIDENTIAL FACILITIES. A use which is required under M.S. § 462.357, as it may be amended from time to time.

(a) FAMILY DAY CARE. A day program providing care for not more than ten children at one time, and which is licensed by the county as a family day care home.

(c) GROUP FAMILY DAY CARE. A day care program providing care for no more than 14 children at any one time of which no more than ten are under school age.

(F) Miscellaneous uses.

CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.

CANNABIS USES. Shall include cannabis cultivation, manufacturer, wholesale, retail, transportation, and delivery, and hemp manufacturer.

LOWER-POTENCY HEMP EDIBLE. As defined under M.S. § 342.01, subd. 50, as it may be amended from time to time.

MIXED USE. A mix of more than one principal use per lot or parcel including different types of residential (single- and multi-family) and/or mix of residential, commercial and/or institutional uses.

NURSERY/GREENHOUSE/LANDSCAPE BUSINESS. A business growing and selling trees, flowering, decorative and/or edible plants which may be conducted in or outside of a building.

PARKING GARAGE. A structure or any portion thereof designed for the parking of one or more motor vehicles, not including display or storage of motor vehicles for sale.

(G) Office uses.

(H) Recreational uses.

CLUB. An establishment or properly operated for social, recreational or educational purposes, but open only to members and their guests and not the general public.

MARINA. A dock or basin providing moorage for four watercraft or more and which may offer supply, repair, rental or other support facilities.

PARKS AND OPEN SPACE. Lands which are open to the public that provide a location for natural environmental, cultural or recreational activities and enjoyment.

(I) Residential uses.

ACCESSORY APARTMENT. A dwelling unit with up to 50% of the principle structure, subordinate to and located in an owner-occupied single-family dwelling or principle structure of a commercial business.

BED AND BREAKFAST. An establishment in a single-family dwelling that provides temporary accommodations to overnight guests for compensation and meals for a daily or weekly fee.

GUEST COTTAGE. An accessory structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

MANUFACTURED HOME PARK. A contiguous parcel of land which is developed for the placement of mobile homes which is owned by a single entity rather than parcels that are individually owned.

MULTIPLE-FAMILY DWELLING. A structure or portion thereof intended and designed for two or more dwelling units.

SINGLE-FAMILY DETACHED DWELLING. A building containing one dwelling unit on its own separate lot, not attached to any other dwelling units, having yards on all sides of the unit.

(J) Retail uses.

GARAGE, COMMERCIAL. Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, sold or stored.

GAS STATION. An establishment which sells gasoline typically at outdoor pumps to automobiles and other vehicles, and may include sale of convenience items.

RESTAURANT, BAR OUTDOOR SEATING. More than three tables (with or without chairs) or four benches or chairs provided by a business to allow patrons to eat and/or drink outside of the business.

RESTAURANT, DRIVE-IN/DRIVE-THRU. Any eating establishment with a drive-thru or a drive-in facility.

(K) Service uses.

FUNERAL PARLOR. Private non-denominational funeral chapels and other facilities for the purpose of spiritual meditation and vigil before burial of deceased persons.

REPAIR AND MAINTENANCE SERVICE. The provision of repair or maintenance services including auto, mechanical, machinery repair or retooling.

SELF-STORAGE FACILITY. A site, structure or building in which customers can rent space to store possessions. INDOOR SELF-STORAGE FACILITIES are those that are completely enclosed with walls and roof.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018; Ord. passed 4-2-2024; Ord. passed - -; Ord. passed 8-6-2024; Ord. passed 8-5-2025)

Statutory reference:

Campgrounds, see Minn. Rules 4630.0200

§ 162.062 RESIDENTIAL CONSERVANCY.

(A) Purpose. To allow for limited development in areas of the city where topography or natural resources require careful alterations to the land and placement of structures and infrastructure.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet
Maximum residential density	2 dwelling units per acre
Minimum lot frontage	25 feet
Minimum lot size (private sewer)	20,000 square feet
Minimum lot size (city sewer)	9,600 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	5 feet

(3) Accessory building setbacks.

Corner side street	10 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(4) Septic systems.

(a) Sites on septic systems must be able to provide two individual septic locations, a primary and a backup which are indicated on the site plan.

(b) All septic systems must meet the standards identified by the state’s Pollution Control Agency in Minn. Rules Ch. 7080.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.063 RURAL RESIDENTIAL/LIMITED AGRICULTURE.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet (with the exception of agricultural buildings such as barns or silos)
Maximum residential density	1 dwelling units per 40 acre
Minimum lot frontage	25 feet
Minimum lot size	108,900 square feet (2.5 acres)
Minimum lot width	270 feet

(2) Principal and accessory building setbacks.

Corner side street	30 feet
Front	30 feet
Rear	30 feet
Side	30 feet

(3) Septic systems. Sites on septic systems must be able to provide two individual septic locations, a primary and a backup which are indicated on the site plan.

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.064 RURAL RESIDENTIAL GROWTH/TRANSITIONAL.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet
Maximum residential density	1 dwelling unit per 2.5 acres
Minimum lot frontage	25 feet
Minimum lot size with CUP	20,000 square feet
Minimum lot size without CUP	108,900 square feet (2.5 acres)
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	5 feet

(3) Accessory building setbacks.

Corner side street	10 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.065 R-1 LOW DENSITY RESIDENTIAL.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum height	35 feet
Maximum residential density	4 dwelling units per acre maximum (except that, additional guest cottage up to 1,000 square feet or no larger than the principle structure is allowed per each principal residential structure on lots that meet minimum lot size)
Minimum lot frontage	20 feet
Minimum lot size	9,600 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	5 feet (except single-family attached homes which have no side yard setback where attached)

(3) Accessory building setbacks.

Corner side street	3 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.066 R-2 MEDIUM DENSITY RESIDENTIAL.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Bluff setback (top/toe of bluff)	30 feet
Maximum accessory height	25 feet
Maximum height with CUP	35 feet
Maximum principle height without CUP	25 feet
Maximum residential density	7 dwelling units per acre (except that, 1 additional guest cottage up to 1,000 square feet and no larger than the principle structure is allowed per principle residential structure on lots that meet minimum lot size)
Minimum lot frontage	20 feet
Minimum lot size	6,000 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	5 feet
Front	25 feet
Rear	25 feet
Side	5 feet (except single-family attached homes which have no side yard setback where attached)

(3) Accessory building setbacks.

Corner side street	5 feet
Front	Behind principle structure
Rear	3 feet
Side	3 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.067 TDC TRADITIONAL DOWNTOWN COMMERCIAL.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum accessory height	20 feet
Maximum principle height without CUP	35 feet
Maximum residential density	None
Minimum lot frontage	5 feet
Minimum lot size	None
Minimum lot width	None

(2) Principal building setbacks.

Corner side street	None
Front	None
Rear	None
Side	None

(3) Accessory building setbacks.

Front	Behind principle structure
Side	3 feet
Corner side street	5 feet
Rear	3 feet

Use	Parking Requirement
Apartment buildings or mixed uses with 6 or more dwelling units	1 space per every dwelling unit
Commercial retail, professional services, funeral parlors and minor repair and maintenance services over 3,000 square feet of usable floor area	1 space per every 500 square feet
Hotels and motels	1 space per every three rooms
Indoor commercial entertainment and recreational facilities, cultural institutions, restaurants, bars/cocktail lounges, over 3,000 square feet	1 space for every 500 square feet
Mixed uses	For any structure or development which involves more than 1 type of land use, the total off-street parking required shall be the sum of the various uses computed separately
Office uses with over 5 employees	1 space for every two employees
Places of public assembly	1 space per every 6 seats or 1 space for every 10 feet of pews
Single-family attached residential	1.5 spaces per dwelling unit
Single-family detached residential	2 spaces per dwelling unit

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.068 G-C GENERAL COMMERCIAL.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum principle height	35 feet
Maximum residential density	7 dwelling units per acre
Minimum lot frontage	30 feet
Minimum lot size	8,520 square feet
Minimum lot width	60 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	25 feet
Rear	25 feet
Side	10 feet (except single-family attached homes which have no side yard setback where attached)

(3) Accessory building setbacks.

Corner side street	5 feet
Front	Behind principle structure
Rear	5 feet
Side	5 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.069 HC HIGHWAY COMMERCIAL.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum accessory height	35 feet
Maximum principle height	50 feet
Maximum residential density	None
Minimum lot frontage	60 feet
Minimum lot size	10,800 square feet
Minimum lot width	90 feet

(2) Principal building setbacks.

Corner side street	20 feet
Front	25 feet
Rear	20 feet
Side	20 feet

(3) Accessory building setbacks.

Corner side street	10 feet
Front	Behind principle structure
Rear	10 feet
Side	10 feet

(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.070 I INDUSTRIAL.

(B) Uses. See the Use Chart located in § 162.060 of this chapter for all permitted, conditional and interim uses.

(1) Lot standards.

Maximum principle height	50 feet
Minimum lot frontage	60 feet
Minimum lot size	21,780 square feet (1/2 acre)
Minimum lot width	90 feet

(2) Principal building setbacks.

Corner side street	10 feet
Front	10 feet
Rear	10 feet
Side	10 feet