The purpose of this Chapter is to specify and define the types of uses allowed within each zoning district, provided the uses meet the standards specified in this Chapter and elsewhere in the Zoning Ordinance.

(Ord. 811 [6-30-2022])

The following table specifies what Permitted Uses (P), Conditional Uses (C), Interim Uses (I), Permitted Accessory Uses (A/P), Conditional Accessory Uses (A/C) and Interim Accessory Uses (A/I) are allowed in each zoning district.

(Ord. 811 [6-30-2022]; Ord. 819 [11-10-2022]; Ord. 845 [1-16-2025])

The following uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use.

A.

Dwellings, accessory units (ADU), defined as habitable dwelling unit subordinate to a primary residence that provides the basic requirements of shelter, heating, cooking and sanitation.

1.

Area. An ADU 's total floor area may be no more than 33 percent of the primary residence's gross habitual space. The minimum ADU size is 300 square feet. Within the R-2A, R-2, R-3A, and R-3 districts, the maximum ADU size may be no more than 960 square feet.

2.

Minimum Lot Size. Within the R-3A and R-3 districts, detached ADUs are prohibited on lots smaller than 11,000 square feet in area.

3.

Architecture. An ADU must be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence. If an ADU extends beyond the current footprint or existing height of the primary residence, such an addition must be consistent with the existing facade, roof pitch, siding and windows.

4.

Parking. One off-street parking space must be available exclusively for the ADU, in addition to the two off-street parking spaces required for the primary residence.

5.

Owner-occupied. The principal structure or ADU must be owner-occupied.

6.

Licensing. Any principal structure or ADU that is renter-occupied must have a current rental license in compliance with Chapter 815 of City Code.

7.

One per lot. No more than one ADU shall be permitted on a single lot or parcel.

8.

Setbacks. A detached ADU of new construction is subject to the minimum principal structure setback required in its zoning district. A detached accessory structure built prior to June 30, 2022 is subject to the minimum accessory structure setback required in its zoning district when improved for the purpose of creating an ADU.

B.

Food and beverage establishments.

1.

Garden strip. At any common boundary shared with a residential district, a strip of not less than five feet must be landscaped and maintained so as to create an effective visual screen and sound buffer and separation of uses.

2.

Hours. The hours of operation must be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any existing neighboring residential uses.

3.

Landscaping. Landscaping and screening shall be present in accordance with Chapter 918 of this Ordinance.

4.

Licensing. All local, state and federal food and beverage handling licenses and/or permits must be obtained for the establishment.

5.

Litter control. The establishment shall be responsible for litter control within 500 feet of the property line, which must occur on a daily basis.

6.

Loading berth. Adequate space must be provided on the site for a loading berth to accommodate the parking and maneuvering of semi-tractor trailers.

7.

Outdoor storage. No outdoor storage is permitted.

8.

Vehicle access. Vehicular access points are limited and shall create a minimum of conflict with through traffic movements.

9.

Baking. The room or rooms containing the preparation and baking process for bakeries may not have a gross floor area in excess of 2,400 square feet.

C.

Retail sales, cannabis.

1.

The use must comply with the standards of Chapter 525 of City Code and all other applicable provisions of this Ordinance and state law.

D.

Retail sales, limited.

1.

The gross square area of each limited retail sales business may not exceed 2,000 square feet.

(Ord. 811 [6-30-2022]; Ord. 845 [1-16-2025])

The following conditional uses as indicated in Sec. 937.02, shall comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use, and a conditional use permit is approved under the procedures and standards set forth in Chapter 904 of this Ordinance.

A.

Dwelling, multiple family.

1.

The residential units do not front or border Lake Street.

2.

The development does not conflict with existing or potential future commercial uses and activities.

3.

The density meets the standards of the R-5 District.

4.

Adequate open space and recreational space is provided on site for the benefit of the occupants.

B.

Recreation, outdoor residential, principal.

1.

Such use is accessory to at least one existing permitted principal use on an abutting lot or lot only separated by a public right-of-way. Said properties must be under the same ownership and tied together by a deed restriction recorded with the City and Hennepin County.

2.

The uses and activities are operated only for the enjoyment and convenience of the residents of the principal use to which the property is tied and their occasional guests.

C.

Swimming pools as an outdoor residential recreation accessory use.

1.

The use is fenced in accordance with Chapter 918 of this Ordinance.

2.

The use is not located within the required front yard.

3.

The use meets setbacks for accessory structures.

D.

Tennis and pickleball courts as an outdoor residential recreation accessory use.

1.

The use is not located within the front yard.

2.

The courts are fenced in accordance with Chapter 918 of this Ordinance.

3.

The courts meet the setback requirements for an accessory structure.

4.

Any lighting used does not allow the light to spread to adjoining properties.

5.

A grading and drainage plan is submitted and approved by the City Engineer.

E.

Recreation, outdoor public, cemeteries, and memorial gardens

1.

The site is landscaped.

2.

The use is available and open to the "public."

3.

The land area of the property containing such use or activity meets the minimum established for the district.

4.

The use meets the minimum setback requirements for accessory structures.

5.

The site accesses on a collector or arterial street.

F.

Public services and utilities.

1.

When abutting a residential use or a residential use district, the property is screened and landscaped in compliance with Chapter 918 of this Ordinance.

G.

Horses, keeping of.

1.

The minimum lot size for accommodating one horse is three acres, and the minimum lot size for two horses is five acres. No more than two horses may be accommodated on any one property within the City.

2.

All stables are be located a minimum distance of 300 feet from any adjacent residential structure, excluding the structure of the applicant, and all corral areas are be located a minimum distance of 200 feet from any adjacent residential structure, excluding the residence of the owner.

3.

All accommodations for horses occur within the rear yard of a residential lot only.

4.

The City Council shall take into account a proper location of a future residence on adjacent lots when considering the application.

(Ord. 811 [6-30-2022])

The following conditional uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use, and a conditional use permit is approved under the procedures and standards set forth in Chapter 904 of this Ordinance.

A.

Child day care facility, general.

1.

Compliance with Chapter 924.02.

B.

Animal clinics.

1.

The size of the clinic does not exceed 4,000 square feet.

2.

The clinic does not provide animal boarding services, kenneling or overnight stays for patients.

3.

The hours of operation coincide with those of the businesses in the area or complex in which the clinic is located.

4.

The clinic does not provide services or treatment of exotic animals (such as reptiles, amphibians, birds, and most mammals).

5.

The clinic does not share a common demising wall and is not located directly adjacent to a restaurant.

6.

The clinic is not [to] be located on the same property or in the same shopping area where another clinic exists.

7.

The clinic must comply with all other applicable state, local and federal regulation, including those that pertain to animal clinics and to nuisance, health, sanitation, and safety conditions.

C.

Animal clinics, hospitals or kennels.

1.

Any building in which animals are kept, whether a roofed, sheltered, or enclosed structure, must be located a distance of 100 feet or more from any lot line.

2.

All animals must, at a minimum, be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pen or corral may not be located closer than 100 feet from a lot line.

3.

The clinic must comply with all other applicable state, local and federal regulation, including those that pertain to animal clinics and to nuisance, health, sanitation and safety conditions.

D.

Drive-thru sales and service.

1.

Drive-thru, sales and services.

a.

Access. The driveway access is not on a residential street. The curb cut setbacks and parking must be in conformance with Chapter 920.

b.

Compatibility. The service windows and driveway are be screened from view if adjacent to a residentially used property.

c.

Green Strip. At any common boundary shared with a residential district, a strip of not less than five feet is landscaped and maintained so as to create an effective visual screen and sound buffer and separation of uses.

d.

Hours. Hours of operation are be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any existing neighboring residential uses.

e.

Noise. The stacking lane, order board intercom, and service window are designed and located in such a manner as to minimize automobile and communication noises, emissions, and headlight glare upon adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. Levels of noise, light, and air quality shall be measured at property lines and satisfy established state regulations.

f.

Stacking. Not less than 180 feet of segregated automobile stacking lane is provided for the service window.

g.

Traffic Control. The stacking lane and its access is designed to control traffic in a manner to protect the pedestrians, buildings and green area on the site.

h.

Use of Street. No part of the public street or boulevard is used for stacking of automobiles.

E.

Dry cleaning or laundry.

1.

The outside storage of materials and equipment is prohibited.

2.

Operations with the primary function of in-store retail and general public customer contact are permitted.

F.

Lodging.

1.

The parking and loading spaces are not located within the front yard of a lot and meet all applicable provisions of the parking and loading ordinance.

G.

Professional services.

1.

The traffic generated does not raise traffic volumes beyond the capacity of the surrounding streets.

H.

Micro-production facilities.

1.

Licensing. The owner of the micro-production facility must qualify for and receive all federal, state and city licenses necessary for the operation of the micro-production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); winery license; and/or a distiller's license from the State of Minnesota, issued under Minn. Stats. § 340A.

2.

Taproom/tasting room license. An accessory taproom or tasting room for the on-sale of beer, wine, or spirits produced on-site requires a taproom/tasting room license from the City of Wayzata, issued under City Code Section 524.02.

3.

Off-sale. On-site sale of beer in the form of growlers require a Brewery License for Off-Sale of Malt Liquor, issued under City Code Section 524.02. On-site sale of wine or spirits, other than samples as governed under Minnesota State Statutes, are prohibited.

4.

Production of Beer. Total production of malt liquor may not exceed 5,000 barrels. annually. Micro-production facilities with a taproom license may not exceed 3,500 barrels annually, and only 500 barrels may be sold off-sale as growlers. Any micro-production facility operating as a brewery must annually submit production reports to the City with the request to renew a brewery taproom or off-sale malt liquor license.

5.

Off-street Loading. The micro-production facility must provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public rights-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted.

6.

Outdoor Storage. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residentially zoned properties.

7.

Odors. No odors from the micro-production facility may be perceptible beyond the property line. The micro-production facility operator must take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards.

8.

Waste. Waste products must be disposed of in a timely manner and in such a way to reduce odors.

9.

Exterior Lighting. All exterior lighting must be designed in such a way as to have no source of light visible from adjacent property, and must comply with the requirements of Section 916.06 of the Wayzata Zoning Ordinance.

10.

Hours of Operation. Micro-production facility operation hours must be limited to the hours specified in Minn. Stats. Ch. 340A for off-sale intoxicating liquor unless further limited by the City Council as part of a Conditional Use Permit.

I.

Sales, garden, greenhouses or nursery.

1.

There are no outdoor growing fields on the site.

2.

Outdoor sales/display area is limited to 30 percent of the gross lot area and is in conformance with the performance standards of Section 916.12 of this Ordinance.

J.

Repair of home, garden or personal appliances.

1.

The use is conducted completely indoors.

K.

Sales, service or rental; outdoors.

1.

Outside services, sales and equipment rental connected with the principal use is limited to 30 percent of the gross floor area of the principal use. Uses specified as requiring a separate conditional use permit are exempted from this provision.

2.

Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential zoning district.

3.

All lighting is hooded and so directed that the light source may not be visible from the public right-of-way or from neighboring residences.

4.

Sales, service or rental areas are asphalt or concrete surfaced.

5.

The use does not take up parking space or loading areas as required for conformity to this Ordinance.

6.

Additional parking, pursuant to Chapter 920 of this Ordinance is provided for said space.

(Ord. 811 [6-30-2022])

The following conditional uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use, and a conditional use permit is approved under the procedures and standards set forth in Chapter 904 of this Ordinance.

A.

Motor vehicle rental and sales.

1.

The use is adequately screened from view of neighboring residential uses or an abutting residential zoning district.

2.

Adequate measures are taken to control pollution and emissions exhaust.

3.

Hours of operation are limited as necessary to minimize the effect of nuisance factors such as traffic noise and glare upon any existing neighboring residential uses.

4.

Vehicle access. Vehicular access points are limited and shall create a minimum of conflict with through traffic movements.

5.

Lighting. Each light standard base island and all islands in the parking lot are landscaped or covered. The light sources are hooded to prevent glare onto adjoining property and the public right-of-way.

6.

Green strip. At any common boundary shared with a residential district, a strip of not less than five feet are landscaped and screened so as to create an effective visual and sound buffer and separation of uses.

7.

Surfacing. The entire area other than that portion occupied by buildings or structures or plantings are surfaced with a material which will control dust and drainage and which is subject to the approval of the City.

8.

Refuse storage. All refuse is stored in containers as specified by the City Code. Said containers are fully screened and enclosed by a fence or similar structure.

B.

Car washes, principal.

1.

Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30-minute period and meets with the approval of the City Engineer.

2.

At the boundaries of a residential district, a strip of not less than five feet are landscaped and screened in compliance with Chapter 918 of this Ordinance.

3.

Each light standard island and all islands in the parking lot are landscaped or covered.

4.

Parking or car storage space are screened from view of abutting residential districts in compliance with Chapter 918 of this Ordinance.

5.

All lighting is hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and is in compliance with Section 916.06 of this Ordinance.

6.

All signing and information or visual communication devices are in compliance with the applicable provisions of Chapter 927 of this Ordinance.

7.

Provisions are made to control and reduce noise.

C.

Convenience or grocery store with gasoline.

1.

Permitted uses. The retail sales involve uses or activities which are allowed in a C-1, C-2 or C-3 District.

2.

Take-out food. Convenience/deli food is of the take-out type only and that no provision for seating or consumption on the premises is provided. Furthermore, that the enclosed area devoted to such activity, use and merchandise shall not exceed 15 percent of the gross floor area.

3.

Sanitation. That any sale of food items is subject to the approval of the City Health Inspector who shall provide specific written sanitary requirements for each proposed sale location based upon applicable state and county regulations.

4.

Litter control. The operation must be responsible for litter control within 500 feet of the property line and is to occur on a daily basis.

5.

Area. That the approximate area and location devoted to non-automatic merchandise sales must be specified in general terms in the application and in the conditional use permit.

6.

Hours of operation. The hours of operation must be limited to 6:00 a.m. to 12:00 p.m., or as otherwise specified in the approval of the CUP.

7.

Motor fuel facilities. Adequate space must be provided to access gas pumps and allow maneuverability around the pumps. Underground fuel storage tanks must be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. Fuel pumps must be installed on pump islands.

8.

Canopy. A protective canopy located over pump island(s) may be an accessory structure on the property and may be located 20 feet or more from the front lot line, provided adequate visibility both on and off- site is maintained.

9.

Compatibility. All sides of the principal and accessory structures must have essentially the same or a coordinated, harmonious finish treatment.

10.

Area. Lot area must be at least 20,000 square feet and lot frontage must be at least 125 feet. The City Council may exempt previously developed or previously platted property from this requirement, provided that the site is capable of adequately and safety handling all activities and required facilities.

11.

Curb separation. A continuous and permanent concrete curb not less than six inches above grade must separate the public sidewalk from motor vehicle areas, pursuant to the provisions of Chapter 920.

12.

Landscaping. At the boundaries of the lot, a strip of not less than five feet must be landscaped and provide screening in compliance with Chapter 918 of this Ordinance, pursuant to the provisions of Chapter 920.

13.

Light standards base landscaped. Each light standard base must be landscaped.

14.

Pedestrian traffic. An internal site pedestrian circulation system must be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles.

15.

Outside storage and sales. No outside storage is permitted except as allowed under Section 916.12. An enclosed screened area must be provided for trash and dumpsters.

16.

Vehicle repair and service may not occur on the site.

D.

Motor vehicle service.

1.

No building or structure, permanent or temporary, driveway surfaces, parking areas, advertising devices or other similar site improvements, except driveways traversing a public road boulevard, must be located within 110 feet of any part of a residential district which is separated from the automobile service station by a public right-of-way or within 50 feet of a residential district if they are not separated by a public right-of-way.

2.

Sites for such facilities are freestanding and not part of a principal shopping center structure and must have not less than 125 feet of frontage on the side or sides of the site to or from which access or egress at two or more locations is possible and not less than 120 feet of frontage if there is only one point of access. The total site area must be not less than 20,000 square feet for each service bay, to a maximum of 60,000 total square feet.

3.

Pump islands must be set back not less than 30 feet from any property line and not less than 50 feet from any residential district boundary.

4.

Hydraulic hoists or pits and all lubrication, greasing, washing, repair or diagnostic equipment must be used totally within an enclosed building.

5.

Facilities on a site from contiguous to any neighboring residential uses or an abutting residential zoning district must not be operated between the hours of 11:00 p.m. and 6:00 a.m. or as otherwise specified in the approval of the CUP.

6.

Facilities may offer minor auto repairs, but they must not offer major auto repairs, the sale or storage of junked cars, or automobile wrecking.

7.

Safety. Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations must apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.

8.

Pump islands. Wherever fuel pumps are to be installed, pump islands must be installed.

9.

Green strip. At the boundaries of a residential district, a strip of not less than five feet must be landscaped and screened in compliance with Chapter 918.

10.

Lighting standard base landscaped. Each light standard base must be landscaped.

11.

Stacking, parking or car storage space must be screened from view of abutting residential districts in compliance with Chapter 918.

12.

Vehicle circulation. Vehicular access points must create a minimum of conflict with through traffic movement. Provisions must be made for transport delivery of fuel which will not conflict with pump island service.

13.

Outside storage. No outside storage except as allowed in compliance with Section 916.12 of this Ordinance.

14.

Litter control. The operation must be responsible for litter control within 500 feet of the property line and is to occur on a daily basis.

15.

Sales limitations. Sale of products other than those specifically necessary for motor vehicle repair must be subject to a conditional use permit and be in compliance with Section 916.12 of this Ordinance.

(Ord. 811 [6-30-2022])

The following conditional uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use, and a conditional use permit is approved under the procedures and standards set forth in Chapter 904 of this Ordinance.

A.

Colleges, seminaries and other institutions of higher education.

1.

Provisions are made to buffer and screen from view of neighboring residential uses or an abutting residential zoning district.

2.

The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

B.

Places of assembly.

1.

Provisions are made to buffer and screen from view of neighboring residential uses or an abutting residential zoning district.

2.

Adequate off-street parking and access is provided, and such parking is adequately screened and landscaped from adjoining and abutting residential uses or residential zoning districts.

C.

Hospitals, residential care facilities, extended care facilities; rest homes and other elderly care facilities.

1.

Interior side yards are screened.

2.

Only the rear yard is used for play or recreational areas. Said area must be fenced and controlled and screened in compliance with Chapter 918 of this Ordinance.

3.

The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.

4.

All signing and informational or visual communication devices are in compliance with Chapter 927 of this Ordinance.

(Ord. 811 [6-30-2022])

The following conditional uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use, and a conditional use permit is approved under the procedures and standards set forth in Chapter 904 of this Ordinance.

A.

Clubs or lodges, existing.

1.

The parking and loading spaces are located within the front yard of a lot and meet all applicable provisions of Chapter 920.

B.

Amusement, indoor.

1.

If located within a shopping center, the use has its own exclusive exterior access.

2.

The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses.

3.

The hours of operation are specified in the CUP as a means to maintain compatibility of uses and activities.

C.

Recreation, indoor.

1.

If located within a shopping center, the use has its own exclusive exterior access.

2.

The use is located and developed so as not to create an incompatible operation problem with adjoining and neighboring commercial and/or residential uses.

D.

Recreation, outdoor commercial.

1.

The entire perimeter of the site is fenced in accordance with Chapter 918 of this Ordinance.

2.

The hours of operation are limited as necessary to minimize the effect of traffic noise and glare upon any existing neighboring residential uses or abutting and residential zoning district.

3.

The principal use, function or activity is outdoor in character.

4.

Not more than five percent of the land area of site shall be covered by buildings or structures.

5.

Lighting. All lighting is hooded and so directed to prevent glare onto adjacent properties and/or roads.

6.

The site is well maintained, landscaped and screened in accordance with Chapter 918 of this Ordinance. When abutting a residential use or a residential zoning district, the property is screened and landscaped for the protection of the abutting use.

7.

The land area of the property containing such use or activity meets the minimum established for the district.

(Ord. 811 [6-30-2022])

The following conditional uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use, and a conditional use permit is approved under the procedures and standards set forth in Chapter 904 of this Ordinance.

A.

Manufacturing.

1.

The use complies with the performance standards outlined in Chapters 916, 917, 918, 919, 920 and all other applicable provisions of this Ordinance.

(Ord. 811 [6-30-2022])

The following accessory uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use.

A.

Sales, service or rental, accessory.

1.

Such use is allowed as a permitted use in a C-1 or C-2 District.

2.

Such use does not constitute more than 30 percent of the lot area and not more than 50 percent of the gross floor area of the principal use.

3.

All signing and informational or visual communication devices is in compliance with Chapter 927 this Ordinance.

B.

Sidewalk café, outdoors.

1.

A permit pursuant to City Code Ch. 315 is obtained if the café is in the City right-of-way.

C.

Storage, indoor.

1.

The indoor storage of merchandise in either principal or accessory building is solely intended to be retailed by a related and established principal use.

D.

Storage, outdoor.

1.

The storage area is landscaped, fenced, and screened from view of neighboring uses if abutting a residential use or a residential use district.

2.

Storage is landscaped and screened from view from the public right-of-way.

3.

Storage area is blacktopped or concrete surfaced.

4.

All lighting is hooded and so directed that the light source will not be visible from the public right-of-way or from neighboring residences.

5.

The storage area does not take up parking space or loading space as required for conformity to this Ordinance.

(Ord. 811 [6-30-2022])

The following interim uses are permitted where indicated in the Table shown in Sec. 937.02, provided they comply with the additional standards specified in this Section and elsewhere in this Ordinance for each use, including Ch. 934.

A.

Existing car wash and dispensing operations. All proposed alterations and/or modifications to the building and site are subject to the issuance of a conditional use permit as set forth in Chapter 904 and conformity to Chapter 934 of the Zoning Ordinance.

(Ord. 811 [6-30-2022])