Wadena City Zoning Code

ZONING DISTRICTS

§ 152.25 DISTRICTS, MAPS, AND BOUNDARIES.

(A) Districts, maps, and boundaries. For the purpose of this chapter, the city is divided into the following districts:

(1) R-1 One- to Four-Family Residence District;

(2) R-2 Multiple-Family Residence District;

(3) C-B Central Business District;

(4) C-1 Commercial;

(5) I-1 Light Industrial District;

(6) I-2 Heavy Industrial District;

(7) F Floodplain District;

(8) PID Planned Industrial District; and

(9) A-1 Agricultural.

(B) Zoning map. The boundaries of the districts established by this chapter are delineated on the zoning map; said map and all notations, references, and date shown thereon are hereby adopted and made part of this chapter and will be on permanent file, and for public inspection, in the office of the City Administrator. It shall be the responsibility of the Zoning Administrator and staff to maintain said Map, and amendments thereto shall be recorded thereon within 30 days after official publication of amendments.

(C) District boundaries. The boundaries between districts are, unless otherwise indicated, either the center lines of streets, alleys, or railroad rights-of-way, or such lines extended or lines parallel or perpendicular thereto. Where figures are shown on the zoning map between a street and a district boundary line, they indicate the district boundary line runs parallel to the street at a distance therefrom equivalent to the number of feet stated unless otherwise indicated.

(2006 Code, § 11.03) (Ord. 130, passed 12-24-1971; Ord. 6, 3rd Series, passed 1-17-1980; Ord. 235, 3rd Series, passed 4-13-2021) Penalty, see § 152.99

§ 152.26 R-1 ONE- TO FOUR-FAMILY RESIDENCE DISTRICT.

(A) Purpose. The R-1 District is intended for low-density residential development in those areas where such development fits the land use plan and policies, and where municipal utilities are available at reasonable costs.

(B) Permitted uses. Within an R-1 District, unless otherwise provided by this chapter, no uses are permitted except the following:

(1) One- to four-family-dwellings;

(2) Parks and recreational areas owned or operated by governmental agencies;

(3) Public elementary or high schools, or private schools with an equivalent curriculum;

(4) Churches, parish houses, convents, children’s nurseries, and schools; provided, that no building shall be located within 50 feet of any abutting lot in any residential district;

(5) Grain or vegetable farming or gardening on unplatted land assessed as agricultural land, but not involving a sales structure;

(6) Home occupations and offices of professional persons when such use does not exceed one-third of the main floor space of a dwelling, is conducted only in principal dwelling, and does not employ more than one person not residing on the premises;

(7) Public golf courses, except clubhouses, public swimming pools, private recreational clubs, tennis courts, except those operated for commercial purposes; and

(8) Accessory buildings and accessory uses (also to apply to principal structure):

(a) Private garage or carport, boathouse, one of each designation;

(b) Private swimming pools when completely enclosed within a chain-like or similar fence five or more feet high;

(c) Boarding or rental of rooms shall be subject to providing off-street parking for all motor vehicles of tenants by landlord;

(d) Maintenance of dogs and cats or other household pets, subject to licensing requirements, health regulations and other applicable provisions of this code of ordinances;

(e) Off-street parking as regulated by § 152.56;

(f) Parking of one commercial motor vehicle of not over 26-foot length used by the resident occupant, and parking of passenger cars, but not including the storage of vehicles which are inoperable or for sale or rent; or

(g) Signs as regulated in § 152.55.

(C) Uses by conditional use permit within an R-1 District. Buildings or land may be used for the following if granted a conditional use permit as provided in § 152.07:

(1) Municipal administration buildings, police and fire stations, libraries, museums, art galleries, post offices, and other municipal service buildings except those customarily considered industrial in use; providing, that no building shall be located within 50 feet of any other lot in a residential district;

(2) Water supply buildings, reservoirs, wells, elevated tanks, and similar essential public utility and service structures;

(3) Golf clubhouse, commercial country club, commercial swimming pool, private swimming pool service more than one family; provided, that no principal structure shall be located within 50 feet of any other lot in a residential district;

(4) Apartment buildings and multiple-dwelling units housing four to eight families with appropriate off-street parking facilities;

(5) Boarding or rental of rooms for three to eight persons on a premises;

(6) Mobile home park developments, subject to the regulations as established in § 152.57, “minimum mobile home park requirements”;

(7) Barber shops and beauty salons; or

(8) Property owners within 150 feet of the proposed barber shop/beauty salon will be notified in writing by the city that a conditional use permit has been applied for.

(D) Height, yard, and lot coverage regulations.

(1) Height regulations. No structure shall exceed two and one-half stories or 35 feet whichever is less in height, except that church spires, belfries, domes which do not contain usable space, chimneys, and similar structures not intended for human occupancy, may be of any height which does not conflict with airport requirements.

(2) Front yard regulations.

(a) There shall be a front yard having a depth of not less than 25 feet, except that in a block where two or more residences have been erected facing the same street, the setback for remaining lots in that block fronting on the same street shall be determined by the average setback of existing buildings.

(b) There shall be a front yard on each street side of each corner lot except that for corner lots of record at the date of this chapter, the front yard on the side street may be reduced to a depth of not less than 15 feet.

(c) The yard shall be landscaped and no off-street parking or other accessory uses shall be permitted except as would be characteristic and in harmony with the purposes of an R-1 District.

(3) Side yard regulations. Each lot shall have two side yards, each such yard having a width of not less than ten feet.

(4) Rear yard regulations. Each lot shall have an unoccupied rear yard having a depth of not less than 25% of the lot depth, except that accessory buildings and uses as stipulated in divisions (B)(8)(a) and (B)(8)(b) above shall be allowed.

(5) General yard regulations. General yard regulations shall be as set forth in § 152.49, “yard regulations”.

(6) Lot size regulations.

(a) Every lot on which a one- or two-unit dwelling is erected shall contain an area of not less than 9,000 square feet. For lots on which three to eight multiple-family dwelling units are erected, 2,000 additional square feet shall be provided for each dwelling unit in excess of two.

(b) Every lot on which a one- or two-family dwelling is erected shall not be less than 75 feet in width, nor less than 120 feet in depth. Lots fronting on curvilinear streets shall have a minimum frontage of 50 feet and a 75-foot width at the building line.

(c) No residential lot not served by public sewer and public water supply shall be less than 22,000 square feet in area; provided, that a lot served by public water supply, but not public sewer may have a minimum area of 11,000 square feet.

(d) The lot area, width, and depth regulations of this section shall not apply to lots platted prior to the adoption of this chapter; however, such lots shall not be altered in any way which would further reduce their dimensions below the minimum requirements of this section, and no lot in conformance with the provisions of this section shall be reduced or resubdivided to produce a lot not in full conformance with this section.

(e) Not more than 35% of a lot or plot shall be occupied by buildings.

(E) General regulations. Additional regulations applicable to the R-1 District are set forth in §§ 152.45 through 152.58.

(2006 Code, § 11.04) (Ord. 64, 3rd Series, passed 10-15-1986; Ord. 130, passed 12-24-1971; Ord. 206, 3rd Series, passed 6-7-2016) Penalty, see § 152.99

§ 152.27 R-2 MULTIPLE-FAMILY RESIDENCE DISTRICT.

(A) Purpose. The R-2 District is intended for apartments, row houses, townhouses, dormitories, and other buildings of three or more dwelling units in those areas where such development fits the land use plan, where properly related to other land uses and thoroughfares, and where adequate municipal utilities are available. A secondary characteristic of this District is to provide areas suitable for administrative buildings and related office uses where there is limited contact with the public, no manufacture or exterior display, and where merchandising is limited to essential land convenience types of goods serving neighborhood needs.

(B) Permitted uses. Within an R-2 District, unless otherwise provided by this chapter, no building or land shall be used except for the following:

(1) Any use permitted in § 152.26(B), as regulated therein;

(2) Multiple dwellings, apartment buildings, townhouses, and group or row houses;

(3) Boarding or lodging houses;

(4) Hospitals, convalescent and nursing homes, elderly housing projects;

(5) Institutions of a religious, educational, charitable, or philanthropic nature;

(6) Private clubs or lodges, except those whose chief activity is a service customarily carried on as a business for profit;

(7) Accessory storage garages or other accessory uses or buildings, customarily incident to the uses permitted in this section;

(8) Signs as regulated in § 152.55; and

(9) Off-street parking and loading as regulated by § 152.56.

(C) Uses by conditional use permit. Within an R-2 District, buildings or land may be used for one or more of the following uses if granted a conditional use permit as provided in § 152.07:

(1) Any use permitted in § 152.26(C), R-1 Residence District;

(2) Mobile home park developments only, subject to the special conditions and requirements set forth in § 152.57, minimum mobile home park requirements”;

(3) Medical and dental offices and clinics;

(4) Offices for administrative, executive, professional, research, or similar organization and laboratories having only limited contact with the general public; provided, that no merchandise or merchandising services are sold on the premises, except such as are incidental or accessory to the permissible use;

(5) Neighborhood grocery delicatessen, bakery, or drug store; provided, that floor space for the principal use shall be limited to 1,400 square feet, and that no more than four employees shall be required to operate the use at any given time;

(6) Laundry and dry cleaning collection and clothes storage centers, tailor shops, hobby shops, small home appliance repair and hardware stores, and specialty shops; provided, that floor space for the principal use shall be limited to 2,400 square feet and that no more than four employees shall be required to operate the use at any given time; and

(7) Barber shops and beauty salons.

(D) Height, yard, and lot coverage regulations.

(1) Height regulations. Structures shall not exceed two and one-half stories or 35 feet in height, whichever is less, except that church spires, belfries, domes which do not contain usable space, water towers, chimneys or smokestacks, cooling towers, and similar structures not designed for human occupancy, may be erected with no height limitations except airport requirements.

(2) Front yard regulations.

(a) There shall be a front yard having a depth of not less than 25 feet, except that for any building exceeding three stories in height, there shall be an additional front yard setback of one foot for every one foot that the building exceeds the height of 30 feet.

(b) There shall be a front yard on each street side of a corner lot.

(3) Side yard regulations.

(a) For one- and two-family dwellings and their accessory buildings the side yard regulations of § 152.26(D)(3) applies.

(b) For other buildings not exceeding two stories in height, there shall be two side yards, each such yard having a width of not less than ten feet.

(c) For buildings exceeding two stories in height, there shall be two side yards, each yard having a width of 15 feet, plus one foot for each one foot of building height over 30 feet.

(4) Rear yard regulations. There shall be a rear yard as required in § 152.26(D)(4), yard regulations”.

(5) General yard regulations. General yard regulations shall be as set down in § 152.49, “yard regulations”.

(6) Lot size regulations.

(a) The minimum total lot area for a multiple-dwelling structure shall not be less than 11,000 square feet, plus 2,000 square feet for each unit in excess of two.

(b) A lot for a multiple-dwelling structure shall have a width of not less than 85 feet and a depth of not less than 125 feet.

(E) General regulations. Additional regulations applicable to the R-2 District are set forth in §§ 152.45 through 152.58.

(2006 Code, § 11.05) Penalty, see § 152.99

§ 152.28 C-B CENTRAL BUSINESS DISTRICT.

(A) Purpose. The C-B District is intended for retail stores and offices which are mutually compatible and can benefit from and contribute to a compact shopping area serving the city and surrounding area.

(B) Permitted uses. Within a C-B District, unless otherwise provided by this chapter, no building or land shall be used except for the following:

(1) Antique shops;

(2) Apparel shops;

(3) Appliance stores;

(4) Art and school supply;

(5) Art galleries;

(6) Art studios;

(7) Auction room;

(8) Auto accessory store;

(9) Bakeries, provided, the room or rooms containing the preparation and baking process shall not have a gross floor area in excess of 2,400 square feet;

(10) Banks and other saving institutions;

(11) Barber parlors;

(12) Beauty parlors;

(13) Beverage stores;

(14) Bicycle sales, rental, and repairs;

(15) Book and stationery stores;

(16) Brewpubs;

(17) Camera and photo stores;

(18) Candy and ice cream stores;

(19) Carpet and rug stores;

(20) Catering establishments;

(21) Clothes pressing and tailoring shops;

(22) Clothing stores;

(23) Coin and philatelic stores;

(24) Decorating studios;

(25) Delicatessen;

(26) Department stores;

(27) Drug stores;

(28) Dry cleaning and laundry receiving and pick-up stations, excluding laundering and dry cleaning processing;

(29) Dry goods or notions stores;

(30) Electrical appliance sales and service;

(31) Employment agencies;

(32) Fabric shops;

(33) Florist shops;

(34) Financial institutions;

(35) Food, grocery, meat, fish, bakery, and delicatessen stores;

(36) Furniture stores;

(37) Furrier shops;

(38) Gift shops;

(39) Grocery, fruit, vegetable, or meat stores;

(40) Hardware stores;

(41) Hobby stores;

(42) Hotel;

(43) Jewelry stores;

(44) Leather goods and luggage shops;

(45) Library;

(46) Liquor stores or taverns;

(47) Loan office and finance company;

(48) Locksmith shops;

(49) Medical and dental offices;

(50) Mail order stores;

(51) Millinery shops;

(52) Music stores;

(53) Newsstand;

(54) Offices, professional;

(55) Office supply stores;

(56) Optical stores;

(57) Orthopedic and medical appliance stores;

(58) Paint and wallpaper stores;

(59) Parking and garages other than those accessory to a principal use for the parking and storage of private passenger automobiles only;

(60) Personal apparel stores;

(61) Pet shops;

(62) Phonograph, record, and sheet music stores;

(63) Photography studios;

(64) Physical culture and health services, reducing salons, and masseurs;

(65) Picture framing and picture stores;

(66) Pipe and tobacco shops;

(67) Post offices;

(68) Plumbing sales stores;

(69) Public utility service stores;

(70) Radio and television sales and repair stores;

(71) Record shops;

(72) Rental agencies for the rental of clothing, appliances, automobiles, and household fixtures, furnishing and accessories;

(73) Restaurant, excluding drive-ins;

(74) Sewing machine sales and service shops;

(75) Shoe and hat sales and repair shops;

(76) Stationery shops;

(77) Stock and brokerage firms;

(78) Taxi stand;

(79) Telephone booth;

(80) Theater, excluding drive-in;

(81) Ticket agencies;

(82) Tea, spice, and condiment specialty shops;

(83) Toy stores;

(84) Travel bureaus and transportation ticket offices;

(85) Variety, gift, notion, and soft goods stores;

(86) Vending machines which are coin or card operated;

(87) Accessory uses as follows:

(a) Any accessory uses, except signs, customarily incident to the above permitted uses; and

(b) Signs as regulated in § 152.55, “sign regulations”.

(88) Alterations may be made to a residential building containing nonconforming residential units when alterations will improve livability of the unit provided the number of dwelling units in the building are not increased.

(C) Uses by conditional use permit. Buildings or land may be used for the following, if granted a conditional use permit as provided in § 152.07:

(1) Any business activity of the same general character as those listed in division (B) above;

(2) Multiple dwellings, but only if a part of a planned concept in accordance with the Comprehensive Plan;

(3) Schools, music, dance, business, and vocational;

(4) Microbreweries and taprooms;

(5) Microdistilleries and related activities; and

(6) Retail gas stations and related convenience goods stores.

(D) Height, yard, and lot coverage regulations.

(1) Height regulations. The height regulations of the C-B District shall be those of § 152.27(D)(1).

(2) Yard regulation and lot coverage regulations. In the C-B District, there shall be no specific yard requirements or lot coverage requirements except as necessary to provide off-street parking and loading where applicable as regulated in § 152.56.

(E) Additional regulations.

(1) Lighting (glare) shall be directed away from the public right-of-way and residential districts.

(2) (a) Any awning, canopy, or marquee suspended from a building may extend over the public right-of-way ten feet, but not to within two feet of the curb line.

(b) Such structures shall be of a height not less than eight feet from the sidewalk or ground grade line, and the owner of such structure shall be responsible for its structural safety.

(F) General regulations. Additional regulations applicable to the C-B District are set forth in §§ 152.45 through 152.58.

(2006 Code, § 11.06) (Ord. 130, passed 12-24-1971; Ord. 207, 3rd Series, passed 8-8-2016; Ord. 224, 3rd Series, passed 12-11-2018) Penalty, see § 152.99

§ 152.29 C-1 COMMERCIAL.

(A) Purpose. The C-1 District is intended to provide suitable locations for commercial retail and wholesaling, administrative, servicing, and related activities dealing more in convenience goods and services.

(B) Permitted uses. Within any C-1 District, no structure or land shall be used except for one or more of the following uses:

(1) Those uses as first permitted, and as regulated in § 152.28 (C-B District), shall be a permitted use;

(2) Accessory uses, except signs, customarily incident to the uses permitted in this division (B) and division (C) below;

(3) Animal hospitals, kennels, and training runs;

(4) Armories, convention halls, or exhibition halls, including fairgrounds exhibition areas;

(5) Automobile display enclosed showrooms and sales areas and automotive repairs;

(6) Bakeries;

(7) Bowling alleys, billiard, or pool halls;

(8) Brew pubs, microbreweries, microdistilleries and related taprooms;

(9) Building materials sales and storage establishments;

(10) Bus stations with service and/or garage facilities;

(11) Cabinet, carpenter, upholstering, or furniture repair shops;

(12) Dry cleaning, dyeing, and laundry establishments;

(13) Electrical contractors and equipment repair and services;

(14) Farm implement dealer’s sales and display;

(15) Frozen food lockers for family or commercial storage purposes;

(16) Engraving, printing, publishing, cartographic, and bookbinding establishments;

(17) Grocery, fruit, vegetable, and meat retail establishments;

(18) Greenhouses, nurseries, and garden supply stores;

(19) Laboratories, medical, dental, and optical;

(20) Lumber sales and yards;

(21) Marine and boat sales display and servicing establishments;

(22) Medical and dental clinics;

(23) Miniature golf courses, par-three golf courses or archery or golf driving ranges operated for commercial purposes;

(24) Monuments, processing, and sales;

(25) Mortuaries, vault, and casket establishments;

(26) Motels, hotels, and auto courts;

(27) Municipal and government buildings and structures;

(28) Newspaper printing and distribution agencies;

(29) Public utility structures;

(30) Plumbing, heating and air conditioning shops, service, and showrooms;

(31) Radio and television service and repair shops;

(32) General retail and wholesale sales establishments;

(33) Residential dwelling unit.

(a) Alterations may be made to a residential building containing nonconforming residential units when alterations will improve livability of the unit provided the number of dwelling units in the building are not increased; and

(b) A residential dwelling currently existing on a lot or parcel of land in the C-1 District may be replaced by a newly constructed residential dwelling provided the number of dwelling units in the building are not increased.

(34) Restaurants (excluding drive-in type);

(35) Retail gas stations and related convenience goods stores;

(36) Office and home furniture manufacture and warehousing;

(37) Theaters (enclosed structures only);

(38) Signs as regulated in § 152.55, “sign regulations”;

(39) Off-street parking and loading as regulated by § 152.56.

(C) Uses by conditional use permit. Within a C-1 Commercial District, buildings or land may be used for one or more of the following uses if granted a conditional use permit as provided in § 152.07:

(1) Any business activity of the same general character as those listed in division (B) above;

(2) Multiple-dwelling units and complexes if part of a planned concept in accord with the approved Comprehensive Plan;

(3) New or used automobile sales or storage lots, new or used implement sales or storage lots, automobile laundries or car washes, automobile service stations, or repair shops provided:

(a) The parking lot shall be surfaced with a dust-free material and plans for the arrangement of entrances, exits, screening of exterior storage lots, and parking stalls shall accompany the request for a special use permit;

(b) Artificial lighting and glare shall be directed away from any public right-of-way and any residential district; and

(c) A screen of acceptable design shall be constructed along the property line when said use is abutting any residential district.

(4) Drive-in restaurants, drive-in theaters, or similar uses that provide goods and services to patrons in automobiles, provided:

(a) A screen of acceptable design shall be constructed along the property line when said use is abutting any residential district;

(b) The parking area shall be surfaced with a dust-free material, and plans for the arrangement of entrances, exits, and parking stalls shall accompany the request for a conditional use permit; and

(5) Mobile home park developments, subject to the regulations as established in § 152.57, “Minimum mobile home park requirements”.

(D) Height, yard, and lot coverage regulations.

(1) Height regulations. No structure shall exceed four stories or 45 feet, whichever is less in height, except that cooling towers, elevator penthouses, domes which do not contain usable space, water towers, and smokestacks or other similar structures not intended for human occupancy may be of any height which does not conflict with airport requirements.

(2) Yard regulation and lot coverage regulations. In the C-1 District, there shall be no specific yard requirements or lot coverage requirements except as necessary to provide off-street parking and loading where applicable as regulated in § 152.56.

(E) Performance standards.

(1) In order to ensure compliance with the performance standards set forth below, the Council may require the owner or operator of any permitted use to have made such investigations or tests as may be required to show adherence to the performance standards. Such investigation or tests as are required shall be carried out by an independent testing organization selected by the city.

(2) Such investigations or testing shall be shared equally by the owner or operator and the city, unless the investigation or tests disclose noncompliance with the performance standards, in which situation the entire cost shall be paid by the owner or operator.

(a) Noise. At any property line the sound pressure level of noise radiated from an industrial operation shall not exceed the values given in Table 1 herein. The sound pressure level shall be measured with a “sound level meter” and an associated “octave band analyzer”, both of which are manufactured to specifications published by the American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24, 10-1953. American Standards Association, Inc., New York, New York. Measurements shall be made using the flat network of the sound level meter.

Table 1
Frequency Band Cycles Per Second	Maximum Permitted Sound Level (Decibels)
20-75	72
75-150	67
150-300	59
300-600	52
600-1,200	46
1,200-2,400	40
2,400- 4,800	34
Over 4,800	32

(b) Odors. No objectionable odors shall be detectable beyond the limits of the property.

(c) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining property. Glare, whether direct or reflected, such as from floodlights, spotlights, or high temperature processing, and as differentiated from general illumination, shall not be visible beyond the limits of the property.

(d) Vibration. No vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three or more minutes during any hour.

(e) Smoke. The Ringelman Smoke Chart, published by the U.S. Bureau of Mines, shall be used for measuring smoke at the point of emission. Smoke not darker or more opaque than No. 4 on said Chart may be emitted, except that smoke darker or more opaque than No. 2 on said Chart may not be emitted for periods longer than four minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but an equivalent apparent opacity.

(f) Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding three-tenths grains per cubic foot of the conveying gas or air. For measurements of the amount of particles in gases resulting from combustions, standard corrections shall be applied to a stack temperature of 500°F and 50% excess air.

(g) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for eight hour day, five days per week), Table III (Odor Thresholds), Table IV (Exposure to Substances Causing Pain in the Eyes), and Table I (Exposure to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, Physiological Effects, that contains such tables, in Air Pollution Abatement Manual, by the Manufacturing Chemists’ Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a land use and zoning permit.

(h) Sewer and water. The design and construction of water supply facilities and treatment of all industrial sewage and waste shall comply with city and state health standards and requirements.

(F) Screening, landscaping, lighting, storage, and outdoor displays.

(1) Screening.

(a) All principal and accessory uses, except business signs, which are situated within 50 feet of a residential district, shall be screened from such district by a wall or fence of not less than 90% opacity and not less than five nor more than seven feet in height above the level of the residential district property at the district boundary. Walls or fences of lesser heights or planting screens may be permitted by the Council if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this chapter would interfere with the provision of adequate amounts of light and air to same said properties.

(b) Loading docks in the C-1, I-1, and I-2 Districts shall be screened so as not to be visible from any public street right-of-way within a residential district. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

(2) Landscaping. All exposed ground areas surrounding or within a principal or accessory use including street boulevards, which are not devoted to drives, sidewalks, patios, or other such uses shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchandise.

(3) Lighting. All sources of artificial light situated in a C-1, I-1, and I-2 District site shall be so fixed, directed, designed, or sized that the sum total of their illumination will not increase the level of illumination on any nearby residential property by more than one-tenth footcandle in or within 25 feet of a dwelling nor more than one-half footcandle on any other part of the property. Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.

(4) Storage - displays. All materials, supplies, merchandise, or other similar matter not on display for a direct sale, rental, or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the C-1, I-1, and I-2 Districts, or within the confines of a 100% opaque wall or fence not less than five feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the C-1, I-1, and I-2 Districts, but the area occupied by such outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless such merchandise is of a type customarily displayed outdoors such as garden supplies. No storage of any type shall be permitted within the one-half of the required front or side street setback nearest the street.

(G) Requirements for vehicular and pedestrian circulation.

(1) Traffic and circulation.

(a) All commercial buildings or structures and their accessory uses shall be accessible to and from nearby public streets and sidewalks by driveways and walkways surfaced with a hard, all-weather, durable, dust-free material, and property drained. Vehicular traffic generated by a commercial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic.

(b) The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the City Engineer who may require such additional measures for traffic control and he or she may deem necessary, including, but not limited to, the following: directional signalization, channelization, standby turn lanes, illumination, and storage area and distribution facilities within the commercial site to prevent back-up of vehicles on public streets.

(2) Ingress and egress. No area used by motor vehicles other than driveways serving as ingress and egress to the commercial site shall be located within the public street right-of-way.

(3) Driveway restrictions. All driveways to or from public streets shall be subject to the following restrictions.

(a) Driveway widths: (measurement between roadway edges).

Type	Maximum Feet	Minimum Feet
One-way	20	12
Two-way	30	24

(b) Minimum driveway angle to street: Thirty degrees when street is one-way or divided, otherwise 60 degrees;

(d) Minimum distance of driveway from street intersections: (Measured along street curb line between nearest driveway edge and intersecting street curb line).

If the Driveway Enters a Street Classified as a	And the Intersecting Street Is Classified as a	And the Driveway Enters Land Approaching or Leaving Intersection
		Approaching	Leaving*
Collector Street	Collector street or minor arterial	15 feet	15 feet
	Major arterial	35 feet	20 feet
	Minor street	20 feet	15 feet
Major Arterial	Collector street or minor arterial	25 feet	15 feet
	Expressway ramp	200 feet	100 feet
	Major arterial	40 feet	20 feet
	Minor street	20 feet	15 feet
Minor Street	Major arterial	15 feet	20 feet
	Minor street, collector street or minor arterial	15 feet	15 feet
Note: *Minimum distance to be the same as that specified for approaching lane if left turns are permitted into or out of driveway

(H) General regulations. Additional regulations applicable to the C-1 District are set forth in §§ 152.45 through 152.58.

(2006 Code, § 11.07) (Ord. 130, passed 12-24-1971; Ord. 171, passed 5-17-1978; Ord. 73, 3rd Series, passed 11-20-1987; Ord. 207, 3rd Series, passed 8-8-2016; Ord. 224, 3rd Series, passed 12-11-2018) Penalty, see § 152.99

§ 152.30 I-1 LIGHT INDUSTRIAL DISTRICT.

(A) Purpose. The I-1 District is intended for conducting a process, fabrication, wholesale operation, manufacturing, providing a service, or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influences that extend beyond the lot on which the use is located and that all development uses are conducted wholly within a building.

(B) Permitted uses. Within the I-1 District, unless otherwise provided by this chapter, no building or land shall be used except for the following:

(1) Those uses as first permitted, and as regulated in § 152.29 (C-1 District), shall be a permitted use;

(2) Appliance assembly and warehousing;

(3) Machine shops;

(4) Electrical and electronic manufacturing establishments;

(5) Light assembly and manufacturing operations;

(6) Airports;

(7) Bottling establishments;

(8) Building materials sales and storage establishments;

(9) Camera and photographic manufacturing establishments;

(10) Cartage and express facilities;

(11) Heliports;

(12) Jewelry manufacturers;

(13) Medical, dental, and optical laboratories;

(14) Public utility structures and municipal and government buildings;

(15) Railroad rights-of-way;

(16) Storage and warehousing facilities;

(17) Wholesale business and office establishments;

(18) Blacksmith shops;

(19) Manufacturing, processing, storage, servicing, and testing establishments;

(20) Accessory uses, as follows:

(a) Accessory uses, except signs, customarily incident to the above permitted uses;

(b) Signs as regulated in § 152.55; and

(21) Alterations may be made to a residential building containing nonconforming residential units when alterations will improve livability of the unit provided the number of dwelling units in the building are not increased; and

(22) A residential dwelling currently existing on a lot or parcel of land in the I-1 District may be replaced by a newly constructed residential dwelling provided the number of dwelling units in the building are not increased.

(C) Uses by conditional use permit. Within an I-1 District, buildings or land may be used for one or more of the following uses if granted a conditional use permit as provided in § 152.07.

(1) Gasoline, fuel, and oil bulk stations, storage, and distribution plants.

(2) Manufacturing, production, and the like. Any manufacturing, production, processing, cleaning, storage, servicing, repair, and testing of materials, goods, or products similar to those listed in division (B) above, which comply with the performance standards of this District.

(3) Sand, gravel, and the like. Extraction, processing, or storage of sand, gravel, stone, or other raw material subject also to the following special provisions and limitations.

(4) Removal of soil, sand or other material.

(a) Temporary excavation district. The use of land for the removal of topsoil, sand, or gravel, and other material from the land is not permitted in any zone except by the granting of a temporary excavation permit by the Council. Permits shall be issued for a maximum period of one year and shall be subject to review and rehearing at that time.

(b) Future use of the land. The persons applying for a temporary excavation permit must submit a plan of intent as to the future use of the property being excavated as well as development plans showing proposed elevations, drainage, access routes to be used in hauling to and/or from the site, and daily hours intended for the operation as well as projected period of excavation.

(c) Safety precautions. If during the excavation work, it becomes necessary for the person excavating to create a condition of grade or drainage not in the interest of health or safety, it shall become that person’s duty to correct, immediately, the dangerous situation created, as well as fence such area from the general public during the period of danger.

(d) Bonding. It shall be necessary for the person securing a temporary excavation permit to present adequate proof of bonding to the city in the form of a performance bond, sufficient in value to cover the expense of the completion of the development plan or to bring such portion of the completed project to a safe grade and elevation so as to be healthful and safe to the general public and to provide safe and adequate drainage of the site.

(5) Retail and service establishments. Retail and service establishments, of an essential or convenience nature consistent with the operation of an industrial district.

(D) Height, yard, and lot coverage regulations.

(1) Height regulations. No structure shall exceed four stories or 45 feet in height whichever is less.

(2) Yard regulations.

(a) No building shall be located within 50 feet of any residential district.

(b) Except for railroad loading areas, no parking or loading space shall be located within 25 feet of any residential district.

(c) Any open storage of materials or open loading areas shall be located or screened so as not to be visible from any residential district.

(E) Performance standards. The performance standards of the I-1 District shall be those of § 152.29(E), except that measurement or determination of noise, odor, and vibration shall be made at the boundary of the I-1 District, rather than at the property line of the use concerned.

(F) Screening, landscaping, lighting, storage and outdoor displays. The regulations shall be those of § 152.29(F) as regulated therein.

(G) General regulations. Additional regulations applicable to the I-1 District are set forth in §§ 152.45 through 152.58.

(2006 Code, § 11.08) (Ord. 130, passed 12-24-1971; Ord. 171, passed 5-17-1978; Ord. 73, 3rd Series, passed 12-20-1987; Ord. 224, 3rd Series, passed 12-11-2018) Penalty, see § 152.99

§ 152.31 I-2 HEAVY INDUSTRIAL DISTRICT.

(A) Purpose. The I-2 District is intended to provide a district which will allow all manufacture, compounding, processing, packaging, treatment, or assembly of products and materials which due to their size and nature, would not conform in the I-1 District.

(B) Permitted uses. Within an I-2 District, unless otherwise provided by this chapter, no building or land shall be used except for the following:

(1) Those uses as first permitted, and as regulated in § 152.30 (I-1 District), shall be a permitted use;

(2) Canning factories, and creameries, food processing plants, including smoking and curing operations;

(3) Contractor’s offices, shops and yards for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, air conditioning, masonry, electrical, and refrigeration industries;

(4) Cooperatives;

(5) Freight terminals and classification yards;

(6) Fuel and ice sales and storage facilities, including bulk fuel storage;

(7) Garages for storage, repair, and servicing of motor vehicles and farm implements;

(8) Gasoline and oil bulk stations and distributing plants;

(9) Hatcheries;

(10) Grain elevators, milling, and processing activities;

(11) Highway maintenance shops and yards;

(12) Monument works, cutting, grinding and polishing operations (excavation excluded);

(13) Poultry and animal rendering plants, processing, and treatment yards;

(14) Accessory uses, as follows:

(a) Accessory uses, except signs, customarily incident to the above permitted uses;

(b) Signs as regulated in § 152.55; and

(15) A residential dwelling currently existing on a lot or parcel of land in the I-2 District may be replaced by a newly constructed residential dwelling provided the number of dwelling units in the building are not increased.

(C) Uses by conditional use permit. Within an I-2 District, buildings or land may be used for one or more of the following uses if granted a conditional use permit as provided in § 152.07.

(1) Any manufacturing, production, processing, cleaning, storage, servicing, repair, and testing of materials, goods, or products similar to those listed in division (B) above, which comply with the performance standards of this District.

(2) Storage, utilization, or manufacture of materials or products which could decompose on detonation.

(3) Automobile wrecking and/or junk yards, provided, such use is conducted within a building or the premises on which such business is conducted is entirely enclosed within a solid substantial fence, except for gates, not less than eight feet in height. The term SOLID as used herein shall mean a fence having an opacity of 100%.

(4) Mobile home park development, subject to the regulations as established in § 152.57, “minimum mobile home park requirements”.

(5) Retail and service establishments, of an essential or convenience nature consistent with the operation of an industrial district.

(D) Height, yard, and lot coverage regulations.

(1) Height regulations. No structure shall exceed four stories or 45 feet in height, whichever is less.

(2) Yard regulations.

(a) No building shall be located within 50 feet of any residential district.

(b) Except for railroad loading areas, no parking or loading space shall be located within 25 feet of any residential district.

(c) Any open storage of materials or open loading areas shall be located or screened so as not to be visible from any residential district.

(E) Performance standards. The performance standards of the I-2 District shall be those of § 152.29(E) except that measurement or determination of noise, odor, and vibration shall be made at the boundary of the I-2 District, rather than at the property line of the use concerned.

(F) Screening, landscaping, lighting, storage, and outdoor displays. The regulations shall be those of § 152.29(F), as regulated therein.

(G) General regulations. Additional regulations applicable to the I-2 District are set forth §§ 152.45 through 152.58.

(2006 Code, § 11.09) (Ord. 130, passed 12-24-1971; Ord. 73, 3rd Series, passed 12-20-1987) Penalty, see § 152.99

§ 152.32 FLOODPLAIN DISTRICT.

(A) Statutory authorization, findings of fact and purpose.

(1) Statutory authorization. The State Legislature has, in M.S.§ 103F.101 and M.S. §§ 394.21 through 394.37, as they may be amended from time to time, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses, state statutes. M.S.§ 103F.101, as it may be amended from time to time, further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program.

(2) Statement of purpose. The purpose of this section is to maintain the city’s eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce, and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(3) Warning of disclaimer of liability. This section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decisions lawfully made thereunder.

(B) General provisions.

(1) Adoption of flood insurance rate map. The flood insurance rate map for the city, dated July 17, 1986, developed by the Federal Emergency Management Agency, is hereby adopted by reference as the official floodplain zoning district map and made a part of this section.

(2) Land to which floodplain district applies. This section shall apply to all lands designated as floodplain within the jurisdiction of the city.

(3) Interpretation.

(a) The boundaries of the floodplain district shall be determined by scaling distances on the official floodplain zoning district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the Planning and Zoning Director shall make the necessary interpretation based on elevations on the regional 100-year flood profile, if available.

(b) If 100-year flood elevations are not available, the city shall:

1. Require a floodplain evaluation consistent with the requirements of this section to determine a 100-year flood elevation for the site; or

2. Base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain.

(4) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY USE or STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

FLOOD FRINGE. The portion of the floodplain outside of the floodway.

FLOODPLAIN. The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. FLOODPLAIN areas within the city shall encompass all areas designated as Zone A on the flood insurance rate map.

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

OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory floodplain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.

REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the flood insurance rate map.

REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation caused by encroachments on the floodplain that result from designation of a floodway.

STRUCTURE. Anything constructed or erected on the ground or attached to the ground, or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in division (L)(1) below, and other similar items.

(1) The Floodplain District as overlay zoning district. The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the city. The uses permitted in divisions (D) and (E) below shall be permitted only if not prohibited by any established, underlying zoning district.

(2) Compliance.

(a) No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway and flood fringe, all uses not listed as permitted uses in division (D) below shall be prohibited.

(b) In addition, a caution is provided here that:

1. New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically in divisions (D) and (L) below;

2. Modifications, additions, structural alterations, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically in division (I) below; and

3. As-built elevations for elevated structures must be certified by ground surveys as stated in division (G) below.

(D) Permitted uses. Standards, and floodplain evaluation criteria.

(1) Permitted uses in the floodplain. The following uses of land are permitted uses in the floodplain district:

(a) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure, or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment;

(b) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions, such as fill or storage of materials or equipment, provided, these activities are located in the flood fringe portion of the floodplain. These uses shall be subject to the development standards in division (D)(2) below and the floodplain evaluation criteria in division (D)(3) below for determining floodway and flood fringe boundaries; and

(2) Standards for floodplain permitted uses.

(a) Fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(b) Storage of materials and equipment.

1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation.

3. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system.

4. All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15 feet beyond the limits of the structure constructed thereon.

5. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the Planning Commission. In granting a variance, the Commission shall specify limitations on the period of use or occupancy of the use and only after determining the adequate flood warning time and local emergency response and recovery procedures exist.

6. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation; however, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.

7. Where public utilities are not provided:

a. On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and

b. New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state’s current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this division (D).

8. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(3) Floodplain evaluation.

(a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the Planning and Zoning Director shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minn. Rules pts. 6120.5600 (Technical Standards and Requirements for Floodplain Evaluation) and Minn. Rules pt. 6120.5700 (State Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.

(b) The Planning and Zoning Director shall submit one copy of all information required by division (D)(3)(a) above to the respective Department of Natural Resources’ Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the city. The Planning and Zoning Director shall notify the respective Department of Natural Resources Area Hydrologist within ten days after a permit or manufactured home park development/subdivision approval is granted.

(E) Utilities, railroads, roads, and bridges in the floodplain district. All utilities and transportation facilities, including railroad tracks, roads, and bridges, shall be constructed in accordance with state floodplain management standards contained in Minn. Rules 1983 pts. 6120.5000 through 6120.6200.

(F) Subdivisions.

(1) No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the Planning Commission for reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. The Planning Commission shall review the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems, and related activities.

(2) In the Floodplain District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in division (D)(3)(a) above. The Planning and Zoning Director shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in divisions (D)(2), (D)(3), and (E) above.

(3) For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(4) The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated to fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation or a change of special flood hazard area designation will be requested.

(5) This division (F) is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary floodplain management provisions.

(G) Administration.

(1) Permit required. A permit issued by the Planning and Zoning Director shall be secured prior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the excavation or the placement of an obstruction within the floodplain.

(2) State and federal permits. Prior to granting a permit or processing an application for a variance, the Planning and Zoning Director shall determine that the applicant has obtained all necessary state and federal permits.

(3) Certification of first floor elevations. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. The Planning and Zoning Director shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the floodplain district.

(H) Variances.

(1) A variance means a modification of a specific permitted development standard required in an official control including this section to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstances as defined and elaborated upon in a city’s respective planning and zoning enabling legislation.

(2) The Planning Commission may authorize upon appeal in specific cases such relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties, or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Planning Commission shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance.

(3) Variances from the provisions of this section may be authorized where the Planning Commission has determined the variance will not be contrary to the public interest and the spirit and intent of this section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.

(4) The Planning and Zoning Department shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variance sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action.

(5) Appeals from any decision of the Planning Commission may be made and as specified in the city’s Official Controls and also in state statutes.

(6) (a) The Planning and Zoning Director shall notify the applicant for a variance that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

2. Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

(b) The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the national flood insurance.

(I) Nonconformities. A structure or the use of a structure or premises which was lawful before the effective date of this section, but which is not in conformity with the provisions of this section may be continued subject to the following conditions:

(1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity;

(2) An alteration within the inside dimensions of a nonconforming use or structure is permissible, provided, it will not result in increasing the flood damage potential of that use or structure;

(3) The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this division (I)(3) are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city’s initial floodplain controls must be calculated into today’s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of division (D) above for new structures; or

(4) If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this section. The Planning and Zoning Director may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this section.

(J) Unlawful acts. 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) is unlawful.

(1) In responding to a suspected violation of this code of ordinances, the Planning and Zoning Director and the Council may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct violations of this code of ordinances to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

(2) When a violation of this code of ordinances is either discovered by or brought to the attention of the Planning and Zoning Director, the Planning and Zoning Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources’ and Federal Emergency Management Agency Regional Office along with the city’s plan of action to correct the violation to the degree possible.

(3) (a) The Planning and Zoning Director shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Planning and Zoning Director may order the construction or development immediately halted until a proper permit or approval is granted by the city.

(b) If the construction or development is already completed, then the Planning and Zoning Administrator may either:

1. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or

2. Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.

(4) If the responsible party does not appropriately respond to the Planning and Zoning Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Planning and Zoning Director shall also, upon the lapse of the specified response, period notify the landowner to restore the land to the condition which existed prior to the violation of this section.

(K) Amendments. All amendments to this section, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. Changes in the official zoning map must meet the Federal Emergency Management Agency’s (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten days’ written notice of all hearings to consider an amendment to this section and said notice shall include a draft of the ordinance amendment or technical study under consideration.

(L) Travel trailers and travel vehicles. Travel trailers and travel vehicles that do not meet the exemption criteria specified in division (L)(1) below, shall be subject to the provisions of this section and as specifically spelled out in divisions (L)(3) and (L)(4) below.

(1) Exemptions. Travel trailers and travel vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in division (L)(2) below, and further they meet the following criteria:

(a) Have current licenses required for highway use;

(b) Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it; or

(c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

(2) Areas exempted for placement of travel/recreational vehicles. Areas exempted for placement of travel/recreational vehicles are as follows:

(a) Individual lots or parcels of record;

(b) Existing commercial recreational vehicle parks or campgrounds; and

(3) Loss of exemption. Travel trailers and travel vehicles exempted in division (L)(1) above, lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in division (D) above.

(4) Floodplain conditions. Travel trailers/travel vehicles (including replacements and new commercial type uses and residential type subdivisions) are not permissible in the floodplain.

(5) New commercial travel trailer, travel vehicle parks, and the like. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following.

(a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts, provided, said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of division (D)(3) above and proper elevated road access to the site exists in accordance with division (D) above. No fill placed in the floodway to meet the requirements of this division (L)(5) shall increase flood stages of the 100-year or regional flood.

(b) All new or replacement travel trailers or travel vehicles not meeting the criteria of division (L)(5)(a) above, may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with division (D) above.

(2006 Code, § 11.10) (Ord. 83, 3rd Series, passed 8-31-1990)

§ 152.33 PID PLANNED INDUSTRIAL DISTRICT.

(A) Purpose. The PID is intended to provide for certain industrial uses that, because of location, transportation, access, and other land use factors, must necessarily be located and adjacent to lesser land use intensities, and with proper control, these areas should become compatible with and maintain the value of properties and uses adjacent to them.

(B) Permitted uses. Within a PID, no building or land shall be used, and no building shall be erected, structurally altered, converted, or enlarged except for one or more of the following uses:

(1) Bottling establishments;

(2) Building material sales and storage establishments;

(3) Broadcasting antennas, television, and radio;

(4) Cartage and express facilities;

(5) Cartography and bookbinding establishments;

(6) Manufacturing, compounding, processing, packaging, treatment, and assembly of products and materials;

(7) Offices;

(8) Scientific research, investigation, testing, or experimentation;

(9) Warehousing of products;

(10) Electrical and electronic products manufacturers;

(11) Engraving, printing, and publishing establishments;

(12) Medical, dental, and optical laboratories;

(13) Public utility structures and municipal and governmental buildings;

(14) Railroad rights-of-way;

(15) Storage or warehousing facilities; or

(16) Wholesale business and office establishments.

(C) Uses by conditional use permit. Within a PID, no building or land shall be used for one or more of the following uses except by conditional use permit:

(1) Any manufacturing, production, processing, cleaning, storage, servicing, repair, and testing of materials, goods, or products similar to those listed in division (B) above which conform with the performance standards set forth in § 152.29; and

(2) Retail and service establishments of an essential or convenience nature consistent with the operation of a Planned Industrial District.

(D) Height, yard frontage, area, and lot coverage regulations.

(1) Height regulations. No building shall hereafter be erected to exceed a height of three stories, except that buildings permitted in this District may be erected to greater heights if the building is set back from each required yard line at least one more foot for each foot of additional height above 35 feet.

(2) Front yard regulations. There shall be a front yard having a depth of not less than 50 feet between building and the street right-of-way line, except where the district abuts or adjoins residence districts across the street, there shall be a front yard having a depth of not less than 75 feet.

(3) Side yard regulations. There shall be two side yards, one on each side of a building. Each side yard shall be not less than 20 feet in width, except where the district abuts or adjoins residence districts, the side yard abutting said residence district shall be not less than 75 feet in width.

(4) Rear yard regulations. There shall be a rear yard not less than 50 feet in depth, except where lots abut railroad siding and where the districts abut or adjoin residence districts, there shall be a rear yard of not less than 100 feet in depth.

(5) Lot area regulations. Every individual lot, site or tract shall have an area of not less than two acres.

(6) Minimum district area regulations. No PID shall be established on any tract, which is less than 80 acres. This requirement may be waived if the tract is in single ownership or under unified control where tract abuts or adjoins at least 25% of the perimeter of a PID.

(7) Frontage regulations. Every lot or tract shall have a width of not less than 200 feet abutting a public right-of-way.

(8) Lot coverage regulations. Not more than 35% of the total area of a lot shall be covered by buildings.

(E) Procedures.

(1) All petitions for rezoning to establish or expand must also concurrently follow subdivision platting procedures and a complete preliminary plat with all supporting data required, must be filed with the Planning Commission.

(2) All public rights-of-way within a PID shall be considered streets or thoroughfares as defined in the Thoroughfare Plan.

(3) Every application for the establishment of a PID shall be accompanied by the following documents, which, in their entirety, shall constitute an overall development plan for the property described in the application:

(a) A boundary survey and legal description of the entire tract covered by the application, prepared by a registered land surveyor;

(b) A land use plan prepared by a person trained or experienced in land use planning. The Plan shall be to scale and shall show the following:

1. The relationship of the application area to surrounding properties, section lines, and other existing features such as streets and highways, buildings, railroads, and utilities;

2. The alignment and functional classification of all proposed streets;

3. The alignment and characteristics of all proposed railroad facilities; and

4. The dimensions and areas of all lots and blocks.

(c) The arrangement and extent of all land use classifications, and zoning districts preliminary layout of all proposed water mains, sanitary sewers, and storm drainage facilities, together with profiles and typical design cross-sections for all street, roadways, and a general overall site grading plan, including arrows indicating direction and destination of surface drainage. Such layouts, profiles, design cross-sections, and plans shall be prepared by a registered land surveyor or civil engineer;

(d) Copies of all proposed protective covenants, and any provisions for associations of individual owners;

(e) The names and addresses of all persons holding fee title to the entire land area included in the overall development plan as well as the names and addresses of all persons engaged in developing and managing said plan;

(f) The owners or developers contemplated development schedule;

(g) The owners and developers contemplated cost of all street, sanitary sewer, storm sewer, and water main improvements;

(h) Upon a finding by the Planning Commission and Council that the proposed PID and preliminary plat will be consistent with long-range comprehensive plans for the city and meet the requirements of the PID, the Council may establish a PID on the property included in the preliminary plat. The preliminary plat as approved together with such covenants, deed restrictions, controls, or special conditional use permits as may be attached to it, shall become a part of the ordinance establishing the zoning change. Any change in the plan will require resubmission to the Planning Commission and final approval by the Council; and

(i) The final platting of the land zoned PID shall be subject to such requirements for approval, recording, and the installation of improvements as required by other provisions of this code of ordinances.

(F) Performance standards.

(1) Intent. It is the intent of this division (F) to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties.

(2) Performance standards. The performance standards of the PID shall be those of § 152.29(E), except that measurement or determination of noise, odor, and vibration shall be made at the boundary of the PID rather than at the property line of the use concerned.

(3) Regulations on screening, landscaping, lighting, storage, and outdoor displays. The regulations shall be those of § 152.29(F) as regulated therein.

(G) Building design and construction.

(1) (a) In addition to other restrictions of this chapter and any other provision of this code of ordinances, any building or structure within the Planned Industrial District shall meet the following standards:

(b) All exterior walls finished on any building shall be any single one or combination of the following:

1. Face brick;

2. Concrete block;

3. Natural stone;

4. Special designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture;

5. Factory fabricated and finished metal framed panel construction, if the panel materials are any of those named above, glass, pre-finished metal (other than unpainted galvanized iron), or plastic; and

6. Other material as may be approved by the Council.

(2) All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be designed in a manner conforming and harmonizing with the original architectural design and general appearance.

(3) Any other exterior wall finishes, or any changes in architectural design must be approved by the Council.

(H) General regulations.

(1) Signs as regulated in § 152.55; and

(2) Off-street parking and loading as regulated in § 152.56(B) and (C).

(2006 Code, § 11.11) (Ord. 6, 3rd Series, passed 1-17-1980) Penalty, see § 152.99

§ 152.34 A-1 AGRICULTURAL DISTRICT.

(A) Purpose. The A-1 District is intended to provide for certain agricultural uses that, because of location, population densities, and other land use factors, must necessarily be located and adjacent to lesser land use intensities, and with proper control, these areas should become compatible with and maintain the value of properties and uses adjacent to them.

(B) Intent. It is the intent of this section to provide that agriculture and related activities shall be established and maintained with neat and proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties.

(C) Permitted uses. Within an A-1, no building or land shall be used, and no building shall be erected, structurally altered, converted, or enlarged except for one or more of the following uses:

(1) Commercial agriculture and horticulture, except feedlots;

(2) Single-family residence;

(3) Drainage and irrigation systems as permitted by MPCA, MNDNR, SWCD, and the City of Wadena Wellhead Protection Plan;

(4) Roadside stand for the sale of agricultural products;

(5) Essential utility services including necessary appurtenant equipment and structures;

(6) Churches and schools;

(7) Municipal buildings;

(8) Home occupations;

(9) Veterinarian clinics and animal hospitals;

(10) Accessory uses including any incidental structures, buildings or machinery necessary to conduct of a permitted use, including private garages, animal shelters, and storage buildings for the use of the occupants of the principal structure; and

(11) Keeping of farm animals as described in § 130.06, at the rate of one animal unit per acre, based on the most current University of Minnesota animal unit equivalent measure.

(D) Uses by conditional use permit. Within an A-1, no building or land shall be used for one or more of the following uses except by conditional use permit:

(1) Cemeteries;

(2) Retail and service establishments of an essential or convenience nature;

(3) Mining, sand, and gravel operations; or

(4) Wholesale nursery and garden supply operations.

(E) Height, yard frontage, area, and lot coverage regulations.

(1) Height regulations. No building shall be erected to exceed a height of three stories, except that buildings permitted in this District may be erected to greater heights if the building is set back from each required yard line at least one more foot for each foot of additional height above 35 feet.

(3) Side yard regulations.

(a) There shall be two side yards, one on each side of a building.

(b) Each side yard shall be not less than 20 feet in width, except where the district abuts or adjoins residence districts, the side yard abutting said residence district shall be not less than 75 feet in width.

(5) Lot area regulations. Every individual lot, site or tract shall have an area of not less than two acres.

(6) Minimum district area regulations.

(a) No A-1 shall be established on any tract, which is less than 20 acres.

(b) This requirement may be waived if the tract is in single ownership or under unified control where tract abuts or adjoins at least 25% of the perimeter of an A-1.

(7) Frontage regulations. Every lot or tract shall have a width of not less than 250 feet abutting a public right-of-way.

(8) Lot coverage regulations. Not more than 20% of the total area of a lot shall be covered by buildings.

(F) Performance standards. The performance standards of the A-1 shall be those of § 152.29(E), except that measurement or determination of noise, odor, and vibration shall be made at the boundary of the A-1 rather than at the property line of the use concerned.

(G) Regulations on screening, landscaping, lighting, storage, and outdoor displays. The regulations shall be those of § 152.29(F) as regulated therein.

(H) Building design and construction.

(1) In addition to other restrictions of this chapter and any other provision of this code of ordinances, any building or structure within the A-1 District shall meet the following standards:

(a) All exterior walls finished on any building shall be any single one or combination of the following:

1. Face brick;

2. Concrete block;

3. Natural stone;

4. Wood, metal, cement board, or vinyl siding;

6. Other material as may be approved by the Council.

(3) Any other exterior wall finishes, or any changes in architectural design must be approved by the Council.

(4) Signs as regulated in § 152.55.

(5) Off-street parking and loading as regulated in § 152.56(B) and (C).

(Ord. 235, 3rd Series, passed 4-13-2021)