151. PLANNING AND ZONING (General Regulations 151.050 - 151.084)
General Regulations
151.050 Compliance required
151.051 Lot area requirements
151.052 Approval of plats
151.053 Accessory buildings attached, residential districts
151.054 Accessory buildings in residential districts
151.055 Accessory buildings and uses, business and manufacturing districts
151.056 Building area
151.057 Buildings, distance between
151.058 Buildings under construction
151.059 Essential services
151.060 Fences and other vision-obstructing objects
151.061 Front yard exceptions
151.062 Home occupations
151.063 Structures, not included in height of building
151.064 Lot, double frontage
151.065 Lot, corner
151.066 Mining, quarrying, or excavating of sand, gravel, and other minerals
151.067 Nonconforming uses, buildings
151.068 Nonconforming uses, extension
151.069 Nonconforming uses, damaged
151.070 Nonconforming uses, land
151.071 Nonconforming uses within shoreland areas
151.072 Nonconforming uses, change
151.073 Nonconforming uses, discontinuance
151.074 Nonconforming uses, zone change
151.075 Loading space
151.076 Off-street parking requirements
151.077 Off-street parking facilities
151.078 Dumping and disposal of solid waste material
151.079 Sanitary provisions
151.080 Temporary dwellings
151.081 Conditional use permits
151.082 OACC guidelines
151.083 Enforcement of zoning codes
151.084 Greenbelts
GENERAL REGULATIONS
§ 151.050 COMPLIANCE REQUIRED.
No land, building, or structure or part thereof shall hereafter be erected, altered, constructed, reconstructed, maintained, used, or occupied except in conformity with the provisions of this chapter.
(Prior Code, § 603.01) Penalty, see § 10.99
§ 151.051 LOT AREA REQUIREMENTS.
No lot area shall be so reduced or diminished that the yards or other open space shall be smaller than prescribed herein, nor shall the number of dwelling units be increased in any manner except in conformity with the area regulations herein prescribed, nor shall the area of any lot be reduced below the minimum requirements herein established.
(Prior Code, § 603.02) Penalty, see § 10.99
§ 151.052 APPROVAL OF PLATS.
No proposed plat of a new subdivision shall hereafter be approved unless the lots within the plat shall be equal to or exceed the minimum size and width as required for the district in which the property is located, and unless the plat fully conforms with the statutes of the state and the code and regulations of the city and has the approval of the County Department of Health.
(Prior Code, § 603.03)
§ 151.053 ACCESSORY BUILDINGS ATTACHED, RESIDENTIAL DISTRICTS.
An accessory building, including carports and breezeways attached to the principal building on a lot, shall be made structurally a part thereof and shall comply in all respects with the requirements of this chapter applicable to the principal building.
(A) Regulations for solar collection system.
(1) Ground-mounted, wall-mounted, and freestanding solar collectors are not permitted as accessory structures in any residential zoning districts.
(2) Rooftop solar collectors are permitted in all residential zoning districts subject to the following requirements:
(a) Shall not project beyond the peak of the roof any roof line;
(b) Shall not be more than five feet above the roof to which it is attached. If the roof is a flat roof, the unit shall be no more than nine feet above the roof;
(c) Shall be mounted at least one foot in from the edge of the roof to which it is attached if mounted to the roof on the front of the building;
(d) Shall not exceed the maximum height permitted in the zoning district in which it is located;
(e) Shall comply with all city and state building and electrical codes;
(f) The property owner shall notify the electrical utility where the solar collection system is connected to the electrical utility system; and
(g) If the solar collector system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities by no later than 90 days after the end of the 12‑month period.
(B) Accessory buildings and structures in non‑residential districts. Requirements for exterior storage and structures of the underlying zoning district.
(1) Any solar collection system in a non‑residential district needs to have a CUP and must meet all setback and other requirements for buildings in that district.
(2) If the solar collector cease to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities by no later than 90 days after the end of the 12‑month period.
(Prior Code, § 603.04)
§ 151.054 ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS.
(A) The following requirements shall apply to all accessory buildings in residential districts:
(1) All accessory buildings shall be located in the side or rear yards.
(2) Accessory buildings located within ten feet of the principal building must comply with the lot area, frontage and yard requirements applicable to the principal building under § 151.138 of this chapter.
(3) Accessory buildings located more than ten feet from a side or rear wall of the principal building shall not be located closer than six feet from any lot line.
(4) Accessory buildings located on corner lots shall not project beyond the side yard setback requirement of the principal building.
(5) Accessory buildings shall not exceed 24 feet in height.
(6) Accessory buildings shall not be used as living space unless authorized by §§ 151.115 through 151.119 and 151.135 through 151.138 of this chapter.
(7) Accessory buildings may not be located within utility and drainage easements. It is the owner’s responsibility to verify the location of the property lines.
(8) Accessory buildings that are pole buildings or are constructed using post frame construction shall conform to the following design standards:
(a) No wrinkle or corrugated metal shall be used on the roof or siding with the exception of 36” painted rib steal (non-galvanized) which is allowed.
(b) The building must have a concrete, gravel, wood, or plastic floor.
€ The building must have finished soffit and fascia.
(d) The building may not have sliding doors.
€ The building may have standing seem roofs and vertical steel ribbed siding.
(B) The following table reflects the number of accessory buildings allowed per property and the cumulative total square footage of accessory building space allowed per property. The cumulative square footage is calculated by adding the square footage of each accessory structure on a property. These limits apply only to residential districts and are based on the lot size of the property.
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(Prior Code, § 603.05) (Ord. 2018-04, passed 9-18-2018)
§ 151.055 ACCESSORY BUILDINGS AND USES, BUSINESS AND MANUFACTURING DISTRICTS.
(A) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area, which the principal building is permitted to occupy.
(B) Accessory buildings, such as buildings for parking attendants, guard shelters, gatehouses, and transformer buildings, may be located in the front or side yard if screened by a greenbelt, according to the greenbelt requirements.
(Prior Code, § 603.06)
§ 151.056 BUILDING AREA.
Outside stairways, fire escapes, fire towers, porches, platforms, balconies, boiler flues, and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts, or unoccupied space; provided, however, that this section shall not apply to one fireplace or one chimney, not more than 30 inches into the allowable side yard space, nor cornices not exceeding 16 inches in width nor to platforms, terraces, steps below the first floor level, nor to unenclosed porches or other ground level unenclosed projections not over one story in height which may extend into a front or rear yard not more than ten feet or into a side yard not more than eight feet.
(Prior Code, § 603.07)
§ 151.057 BUILDINGS, DISTANCE BETWEEN.
In residential districts, each principal building shall be at least 12 feet from any other principal building on the lot.
(Prior Code, § 603.08)
§ 151.058 BUILDINGS UNDER CONSTRUCTION.
Any building or structure for which a building permit has been issued and the construction of the whole or a part of which has been started, prior to the effective date of this chapter, may be completed and used in accordance with the plans and application on which the building permit was granted.
(Prior Code, § 603.09)
§ 151.059 ESSENTIAL SERVICES.
Essential services shall be allowed in all zoning districts.
(Prior Code, § 603.10)
§ 151.060 FENCES AND OTHER VISION-OBSTRUCTING OBJECTS.
No fence, wall, structure, coniferous trees, or obstruction shall be erected, established, or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line 40 feet from the intersection of the lot lines or within the city right-of-way. An object within this area not exceeding 42 inches in height as measured from the centerline elevation of the street shall not be considered as an obstruction to vision. This section does not apply to the B‑1 District.
(Prior Code, § 603.11) Penalty, see § 10.99
§ 151.061 FRONT YARD EXCEPTIONS.
When the majority of residential or commercial buildings have been built in a block at the time of adoption of this chapter, no building or structure hereafter erected or altered shall project beyond the average setback line established by existing structures, provided no building will be required to set back more than 45 feet.
(Prior Code, § 603.12)
§ 151.062 HOME OCCUPATIONS.
(A) An occupation is customarily and traditionally conducted within a dwelling by its occupants and is clearly incidental and secondary to the principal use of the dwelling and which does not alter the exterior of the property or affect the residential character of the neighborhood.
(B) In any zoning district where home occupations are allowed, the following regulations governing the home occupations shall be complied with.
(1) Those wishing to apply for a home business must fill out an application. A home business will be processed as a conditional use permit, with a required public hearing with the Planning Commission. Upon approval of the City Council, an application will receive a license for the home business and permitted through City Hall.
(2) (a) Typical home businesses may include such businesses as a photo studio, art or craft studio, professional practice, carpentry, furniture refinishing, upholstering, bakery, sewing or clothing alterations, beauty or parlor shop, and the like.
(b) Daycares that have a valid state or county license are not required to have a home business license. However, day cares must still abide by the city’s nuisance chapters.
(c) Businesses conducted out of a person’s home, but with activity on site (such as a computer technician that goes to client’s homes), shall not require a home business license. However, the businesses must have interior storage for inventory and equipment.
(3) The use shall not occupy an area of more than 25% of the total floor area of the dwelling.
(4) The use of noxious, combustible, explosive, or other materials that would endanger the health and safety of the occupants and the surrounding residents are prohibited.
(5) No home business shall require trash and recyclables pickup in excess of that required normally in single‑family detached residential areas (once a week). They cannot exceed more than two garbage containers.
(6) There shall be no parking permitted within the required front yard and/or on the lot in front of the architectural front of the dwelling unit except on the driveway. No new impervious surface (including a graveled driveway) shall be constructed to accommodate the required parking.
(7) No home occupation shall require substantial interior or exterior alterations of the dwelling.
(8) May not create noise or dust significantly in excess of the normal amount in the area.
(9) There shall be no outside storage of material or equipment or display of merchandise.
(10) Residents are allowed to display signs advertising a home occupation as long as the sign does not exceed four square feet and is located on the principal structure.
(11) The occupation is to be conducted solely by resident owner(s) of the dwelling in which it is located except that one accessory person necessary to the occupation may be employed.
(12) Servicing by trucks with three axles or more shall be prohibited. All servicing by trucks or other vehicles shall occur only between 8:00 a.m. and 8:00 p.m. and not exceed the rate of six per day.
(13) (a) If the City Council approves an application for a home occupation, the home occupation operator may only operate the business as long as the operator continues to reside on the property. In the event the operator moves from the property to another residentially zoned property in the city, the operator must reapply for approval to pursue the home occupation at the new residence location and receive approval in order to operate the home occupation at the new location.
(b) In addition, once the operator of a home occupation moves from the original approved home occupation site, the authorization to conduct that home occupation at the original approved site ceases and it is not transferable to a subsequent owner or tenant of the site.
(c) It shall be unlawful for a subsequent owner or tenant to operate the home occupation business without submitting an application for a home occupation which is approved by the City Council.
(Prior Code, § 603.13) Penalty, see § 10.99
§ 151.063 STRUCTURES, NOT INCLUDED IN HEIGHT OF BUILDING.
Chimneys, cooling towers, elevator bulk head, fire towers, drive-in movie theater screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio or television towers, monuments, cupolas, steeples, and mechanical appurtenances pertaining to and necessary to the permitted use of the district in which they are located shall not be included in calculating the height of the principal structure.
(Prior Code, § 603.14)
§ 151.064 LOT, DOUBLE FRONTAGE.
Double frontage lots shall maintain a yard on both streets conforming to the requirements for front yards on those streets.
(Prior Code, § 603.15)
§ 151.065 LOT, CORNER.
Corner lots shall maintain a yard on both streets conforming to the requirements for front yards on those streets.
(Prior Code, § 603.16)
§ 151.066 MINING, QUARRYING, OR EXCAVATING OF SAND, GRAVEL, AND OTHER MINERALS.
The use of land for the excavation of mineral material or removal of topsoil shall be subject to a conditional use permit, which has to be accompanied by the following.
(A) A complete site analysis including the following:
(1) A conservation and restoration plan;
(2) Proper ingress and egress on the site; and
(3) The maintenance and control of noxious weeds.
(B) A performance bond with the amount determined by the applicant and the Planning Commission, reviewed by the City Attorney and approved by the Planning Commission; and
(C) The Planning Commission shall consider any additional requirements that may be necessary to prevent adverse affects by such a permit.
(Prior Code, § 603.17)
§ 151.067 NONCONFORMING USES, BUILDINGS.
The lawful use of a building or structure existing at the time of the adoption of this chapter may be continued although the use does not conform with the district provisions herein.
(Prior Code, § 603.18)
§ 151.068 NONCONFORMING USES, EXTENSION.
A nonconforming use may be extended throughout the building or structure, provided no structural alterations or changes are made therein, except those required by law or chapter or such as may be required for safety, or such as may be necessary to secure or ensure the continued advantageous use of the building during its natural life.
(Prior Code, § 603.19)
§ 151.069 NONCONFORMING USES, DAMAGED.
Any nonconforming building or structure damaged more than 60% of its then appraised value, exclusive of foundations at the time of damage by fire, collapse, explosion, or acts of God or public enemy, shall not be restored or reconstructed and used as before the happening; but, if less than 60% damaged above the foundation, it may be restored, reconstructed, or used as before, provided that it is done within 12 months of the happening and architectural design and building materials are approved by the Planning Commission.
(Prior Code, § 603.20)
§ 151.070 NONCONFORMING USES, LAND.
The nonconforming lawful use of land where a structure thereon is not so employed or existing at the time that this chapter becomes effective may be continued, provided:
(A) The nonconforming use of land shall not in any way be expanded or extended either on the same or adjoining property; and
(B) That if the nonconforming use of land, existing at the time this chapter became effective, is thereafter discontinued or changed, then the future use of the land shall be in conformity with the provisions of this chapter.
(Prior Code, § 603.21)
§ 151.071 NONCONFORMING USES WITHIN SHORELAND AREAS.
(A) Construction on nonconforming lots of record.
(1) Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the minimum lot area and width standards of the underlying zoning district may be allowed as buildable lots, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements are met.
(2) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
(3) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the underlying zoning district lot area and width standards, the lot must not be considered as a separate parcel of land for sale or purposes of development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the lot area and width standards to the extent possible.
(B) Additions/expansions to nonconforming structures.
(1) All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback and height requirements of this chapter. Any deviation from these requirements must be authorized by a variance.
(2) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
(a) The structure existed on the date the structure setbacks were established;
(b) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
(c) The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and
(d) The deck is constructed primarily of wood and is not roofed or screened.
(C) Nonconforming sewage treatment systems.
(1) An existing individual sewage treatment system which is nonconforming according to Minn. Rules Ch. 7080 (and amendments thereto) shall be upgraded to meet the requirements of County Public Health Regulation #41, and amendments thereto.
(2) Upgrading shall occur, at a minimum, any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this section, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
(3) The city will implement a notification or education program that is oriented toward convincing substantial numbers of property owners to evaluate their sewage treatment systems and voluntarily upgrade the sewage treatment system, if nonconforming.
(Prior Code, § 603.22)
§ 151.072 NONCONFORMING USES, CHANGE.
A nonconforming use can be changed to a comparable nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district with greater restrictions, it shall not thereafter be changed to a nonconforming use of a less restricted district.
(Prior Code, § 603.23)
§ 151.073 NONCONFORMING USES, DISCONTINUANCE.
In the event that a nonconforming use of any building or building and land is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.
(Prior Code, § 603.24)
§ 151.074 NONCONFORMING USE, ZONE CHANGE.
The foregoing provisions relative to nonconforming uses shall apply to buildings, land, and uses which hereafter become nonconforming due to classification or reclassification of districts under this chapter.
(Prior Code, § 603.25)
§ 151.075 LOADING SPACE.
On the premises with every building, structure, or part thereof, erected and occupied for manufacturing, storage, warehouse goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading services in order to avoid undue interferences with public use on the streets or alleys. The space shall be sufficient for the proposed use as determined by the Planning Commission and approved by the Planning Commission and the City Council.
(Prior Code, § 603.26)
§ 151.076 OFF‑STREET PARKING REQUIREMENTS.
(A) In all zoning districts, with the exception of those allowed uses in B‑1 Districts, off‑street parking facilities for the storage of self‑propelled motor vehicles for the use of occupants, employees, and patrons of the buildings or structures hereafter erected, altered, or extended after the effective date of this chapter, shall be provided and maintained as herein prescribed.
(B) Parking of automobiles and other motor vehicles is permitted in the front and side yards in manufacturing districts if screened by a greenbelt according to the greenbelt requirements.
(1) Loading space shall not be construed as the same as off‑street parking space.
(2) When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space any fraction up to and including one‑half shall be disregarded and fractions over one‑half shall require one parking space.
(3) Whenever a use requiring off‑street parking is increased in floor area, and the use is located in a building existing on or before the effective date of this chapter, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use.
(4) For the purpose of this section, FLOOR AREA, in the case of offices, merchandising, or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients, or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise.
(5) Off-street parking facilities for dwellings shall be provided and located on the same lot or parcel of land as the building they are intended to serve.
(6) The location of required off‑street parking facilities for other than dwellings shall be within 300 feet of the building they are intended to serve, measured from the nearest point of the off‑street parking facilities and the nearest point of the building or structure.
(7) Where a use is not specifically mentioned, off‑street parking requirements shall be the same as for a similar use.
(8) Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses provided, collectively, the facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table.
(9) Nothing in this section shall prevent the extension of, or an addition to, a building or structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area, or an additional area within 300 feet of the building.
(10) The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified above, shall be determined in accordance with the following table, and the space so required and shall be irrevocably reserved for the use.
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Use |
Required Parking Space |
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All retail stores, except as otherwise specified |
One for each 100 square feet of floor area |
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Beauty parlors and barber shops |
Two for each barber and/or beauty shop chairs |
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Bowling alleys |
Six for each alley |
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Churches, auditoriums, and sports arenas incidental to schools |
One for each four seats |
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Dance hall, pool and billiard rooms, assembly halls and exhibition halls without fixed seats; community centers, civic clubs, fraternal orders, union halls, and similar uses |
One for each four people allowed within the maximum occupancy load as established by the State Fire Marshal |
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Drive‑in banks |
Four for each teller window and one for each 200 square feet of floor area |
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Drive‑in restaurants and roadside stands |
One for each 15 square feet of ground floor area of the building |
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Establishments for sale and consumption on the premises of alcoholic beverages, food, or refreshments |
Two for each 100 square feet of floor area, plus one for each two employees |
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Furniture and appliance stores, personal service shops, (not including beauty or barber shops), household equipment or furniture repair shops, clothing, shoe repair or service shops, wholesale stores, and machinery sales |
One for each 500 square feet of floor area |
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Gasoline service station |
One for each employee, plus one for the owner and/or management plus two for each grease rack, service stall, or wash rack |
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Hospitals or nursing homes |
One for each three beds plus one for each two employees |
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Hotels |
One for each two guest rooms, plus one for each three employees |
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Industrial establishments including manufacturing, research and testing laboratories, creameries, bottling works, printing and engraving shops, warehousing and storage buildings. |
Provide for each establishment an improved area, which shall be sufficient in size to provide adequate facilities for the parking of automobiles and other motor vehicles used by the firm or employees or persons doing business therein. The space shall not be less than one for each three employees computed on the basis of the greatest number of persons to be employed at any one period during the day or night |
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Libraries, museums, post offices, and other similar uses |
An improved area which shall not be less in size than two times the floor space of the building |
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Medical or dental clinics, banks, business or professional offices |
One for each 200 square feet of floor area |
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Mortuaries or funeral homes |
One for each 50 square feet of floor space in the slumber rooms, parlors, or individual funeral service rooms |
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Residential |
Two for each dwelling unit; the area of which may include driveways for one- and two-family dwellings |
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Schools |
One for each employee |
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Service garages, automobile salerooms, automobile repair, body shops |
One for each two of the maximum number of employees on duty at one time, plus one for each of the maximum number salesperson on duty at any one time, plus one for the owner/management on duty at any one time, plus two for each stall in a body shop plus one for each stall or service area or wash rack in a servicing or repair shop |
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Theaters and auditoriums |
One for each four seats |
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Tourist homes, motels, boarding and rooming houses |
One for each guest, or sleeping room or suite, plus two for owner, management or service personnel |
(Prior Code, § 603.27)
§ 151.077 OFF‑STREET PARKING FACILITIES.
In all districts where off-street parking lots are permitted or required, the off-street parking lots shall be constructed and maintained subject to the following regulations.
(A) Adequate ingress and egress shall be provided.
(B) The parking lots shall be maintained in a usable dust-proof condition, and shall be kept graded and drained to dispose of surface water.
(C) Whenever the parking lot boundary adjoins property zoned for residential use, a setback of eight feet from the lot line shall be required.
(D) Necessary curbs or other protections against damage to adjoining properties, streets, and sidewalks shall be provided and maintained.
(E) Plans for the construction of any the parking lot must be approved by the Zoning Administrator before construction is started. No such land shall be used for parking until approved by the Zoning Administrator.
(Prior Code, § 603.28) Penalty, see § 10.99
§ 151.078 DUMPING AND DISPOSAL OF SOLID WASTE MATERIAL.
(A) A zoning certificate shall be issued by the Zoning Administrator in appropriate cases when accompanied by a suitable agreement or bond that the dumping or disposal will not pollute the waters of the city or county or cause stagnant water to collect or leave the surface of the land in an unstable condition or unfit for growing turf or for other land uses permitted in the district in which dumping occurs.
(B) The dumping of dirt, rock, or other material excavated from the earth is permitted in any district not part of a drainage channel provided the surface of the material is graded within a reasonable period of time, in a manner preventing the collection of stagnant water and leaves the ground surface in a condition suitable for growing turf or for other land uses permitted in the district. This shall not prevent the development of the property for its best use when adequate facilities are provided to maintain the primary purposes of the drainage way or floodplain, i.e., the uninterrupted flow of surface water.
(Prior Code, § 603.29)
§ 151.079 SANITARY PROVISIONS.
Where sewers are not constructed or in operation, all sewage facilities shall be connected to approved septic tanks and disposal fields or other accepted systems. This provision shall not apply to temporary construction sites or portable units used in farming operations.
(Prior Code, § 603.30)
§ 151.080 TEMPORARY DWELLINGS.
(A) Temporary structures used in conjunction with construction work shall be permitted only during the period that construction work is in progress. Permits for temporary structures shall be issued by the Zoning Administrator for no more than a six‑month period.
(B) Pursuant to authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the city opts‑out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.
(C) This chapter shall be effective immediately upon its passage and publication.
(Prior Code, § 603.31)
§ 151.081 CONDITIONAL USE PERMITS.
(A) Purpose. It has come to the attention of the City Council that there has been ongoing confusion about the requirements for special exception permits and special use permits, and the Council desires to have one use permit which will be renamed a conditional use permit and also to have input as to when these conditional use permits are issued; this chapter change is designed to address those issues.
(B) Uses requiring conditional use permits.
(1) A conditional use is a use which, because of certain characteristics, cannot be properly classified as a permitted use in the zoning district within which it is proposed.
(2) The following procedure shall be followed in requesting a conditional use permit.
(a) The applicant for a conditional use permit shall file his or her application with the Zoning Administrator on forms provided by the city. A fee shall be paid with each application, the amount determined by the Schedule of Fees Code.
(b) The applicant shall submit, at the time of application, a map showing the names and addresses of all property owners and occupants within 350 feet of the property in question.
(c) In support of determining the issuance of the conditional use permit, and before setting the date for public hearing before the Planning Commission, the city may require preliminary architectural drawings or sketches on all buildings or groups of buildings showing front, side, and rear elevation of the proposed building, location on the lot and as the same will appear after the work has been completed.
(d) The Planning Commission shall set the date of public hearing for its next regular meeting after compliance with the above-specified provisions and shall, within 30 days from the date of public hearing, make its recommendations to the City Council.
(e) The Planning Commission shall notify by mail all property owners within 350 feet of the property in question at least ten days prior to the date of the public hearing. Failure of any property owner or occupant to receive the notice shall not invalidate the proceeding.
(f) The applicant and/or his or her representative shall appear before the Planning Commission and answer any questions concerning the proposed conditional use.
(g) The Planning Commission shall consider all possible adverse effects of the proposed conditional use and what additional requirements may be necessary to prevent adverse effects.
(h) The report of the Planning Commission shall be referred to the City Council and placed on the agenda of the council at its next regular meeting following referral from the Planning Commission.
(I) The City Council shall take action on the application within 30 days after receiving the report of the Planning Commission, except that additional time may be taken in specific cases as permitted in conformance with M.S. § 15.99, as it may be amended from time to time. After reviewing the submitted information and the recommendation of the Planning Commission, the City Council, after holding a public meeting, may approve the permit, may approve the permit with conditions, or may deny the permit, having found it not consistent with the city’s Comprehensive Plan or not compatible with the general character of the neighborhood. If the Council grants the conditional use permit, it may impose any additional special conditions it considers necessary to protect the public health, safety, and welfare. These conditions may include, but are not limited to the following:
1. Increasing the required lot size or yard dimension;
2. Limiting the height, size, or location of buildings;
3. Controlling the location and number of vehicle access points;
4. Increasing the street width;
5. Increasing the number of required off‑street parking spaces;
6. Limiting the number, size, location, or lighting of signs;
7. Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property;
8. Designation sites for open spaces; and
9. Other conditions as judged necessary.
(j) The City Council will forward its decisions/findings to all applicants. The City Clerk/Treasurer shall maintain a record of all use permits issued including information on the use, location, and conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. The conditional use permit, if granted, shall be recorded with the office of the County Property Records and Licensing and become a part of the title to the property. Applicants will be financially responsible for the published notices as well as filing fees with the County Recorder’s office or Registrar of Titles’ office.
(C) Conditional use permit review criteria. The Planning Commission, in considering an application for a conditional use permit, shall prepare its report and make findings on the following criteria:
(1) The establishment, maintenance, or operation will not be detrimental to or endanger the public health, safety, or general welfare and is not contrary to established standards, regulations, or chapter of other governmental agencies;
(2) Each structure or improvement is so designed and constructed that it is not unsightly, undesirable, or obnoxious in appearance to the extent that it will hinder the orderly and harmonious development of the city and the use district wherein proposed;
(3) The use will not be substantially injurious to the permitted uses or unduly restrict the enjoyment of other property in the immediate vicinity nor substantially diminish and impair property values within the area;
(4) The establishment of the use will not impede the orderly and normal development and improvement of the surrounding property for uses permitted in the zoning district;
(5) Adequate water supply and sewage disposal facilities are provided and in accordance with applicable standards;
(6) Adequate access roads, on‑site parking, on‑site loading and unloading berths, and drainage have been or will be provided;
(7) Adequate measures have been taken to provide ingress and egress so designed as to minimize traffic congestion on public roads; and
(8) The use will conform to all applicable regulations of the district wherein proposed and with the city’s Comprehensive Plan.
(D) Appeals related to conditional use permits.
(1) Appeal from denial. The applicant for any permit denied under §§ 15.04 and 15.05 may appeal, within ten days after the denial, to the Board of Adjustment for relief, which may be granted after holding a public hearing, with a two-thirds vote of the Board of Adjustment.
(2) Appeal from approval. An aggrieved party of the approval of any permit under §§ 15.04 and 15.05 may appeal, within ten days after approval or imposition of additional conditions, which may be done after holding a public hearing and notifying the applicant prior to the hearing to review permit approval. Reversal of permit approval shall require a two-thirds vote of the Board of Adjustment.
(Prior Code, § 603.32)
§ 151.082 OACC GUIDELINES.
(Pictures not available - please request full OACC from City Hall.)
(A) Minimum standards - To ensure attractive business/business development, the following design standards shall apply to all business/business development in the B1-Historic Business, B-2 Highway Business, and B-3 Pedestrian Oriented Restricted Business Districts.
(1) Visual Interest and Building Materials: All new building fronts and refacing of existing buildings, shall include a minimum of three (3) of the following elements:
(a) Architectural detailing, such as cornice, awning, parapet, or columns.
(b) A visually pleasing primary front entrance that, in addition to doors, shall be accented a minimum of one hundred fifty (150) square feet around the door entrance for single occupancy buildings and a minimum of three hundred (300) square feet total for the front of multi-tenant buildings (this area shall be counted as one element). Entrances shall be clearly articulated and obvious from the street.
(c) A minimum of thirty (30) percent window coverage on each front that faces a street.
(d) Contrasting, yet complementary material colors;
(e) A combination of horizontal and vertical design features;
(f) Irregular building shapes
(g) Other architectural features in the overall architectural concept.
Buildings should show a minimum of 30% window coverage on each front that faces a street.
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A visually pleasing primary front entrance should be clearly articulated and obvious from the street.
(Picture)
Architectural detailing, such as cornice, awning, parapet or columns should be used to add interest and character to the buildings.
(Picture)
Building architecture should incorporate contrasting, yet complementary colors.
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Buildings should incorporate a combination of horizontal and vertical design features.
(Picture)
(2) No wall shall exceed fifty feet (50’) in length without at least one visual interest element, such as windows, horizontal and vertical facade articulation, contrasting material colors, vertical or horizontal patterns.
(3) Accent Materials: Accent materials shall be wrapped around walls visible to public view. Accent material shall consist of materials comparable in grade and quality to the primary exterior material. Such materials may include glass and prefinished decorative metal. Fiber cement may also be used as accent materials for the trim, sot and/or fascia.
(4) Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. No more than seventy-five percent (75%) of any exterior wall on a building shall be fiber cement siding, wood, or metal accent material.
(5) Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material, and shall be required to be sealed. All materials shall be color impregnated with the exception of architectural concrete precast panel systems (only within B-2 and B-3 Districts) and fiber cement siding which may be painted.
(6) Restricted Exterior Materials: Unadorned pre-stressed concrete panels, whether smooth or raked, non-decorative concrete block, sheet metal or unfinished metal and/or galvanized or unfinished aluminum surfaces (walls or roofs) shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings.
(7) Roofs: Roofs which are exposed or an integral part of the building aesthetics shall be constructed only of business grade shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are generally parallel with the first-floor elevation, are not subject to these material limitations.
Right-of-way lines
(Picture)
The view of all rooftop equipment shall be screened from the ground level view defined as the view of the building from the furthest point of the width of the right-of-way form the property lines(s) that abut a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
(8) Screening:
(a) Rooftop mechanical equipment: The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities on buildings shall be screened from the ground level view of abutting streets. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
(b) Ground Mechanical Equipment: Ground mechanical equipment shall be one hundred percent (100%) screened from contiguous properties and adjacent streets by opaque landscaping, or a screen wall shall be provided that is compatible with the architectural treatment of the principal structure.
Architectural materials and landscaping help to minimize views of utility cabinets and equipment, while providing limited access for maintenance and use.
(Picture)
(c) Screening adjoining residential use: Wherever a Business or non-residential use abuts or is across the street from an (R) Residential District, a berm, fence or screening comprised of compact evergreen trees or hedge or combination thereof, not less than eighty percent (80%) opaque at time of installation and not less than six feet (6’) in height, except adjacent to a street where it shall be not less than three feet (3’) and not more than four feet (4’) in height shall be erected or installed and maintained. The light from automobile headlights and other sources shall be one hundred percent (100%) screened whenever it may be directed onto adjacent residential windows.
(Picture)
(d) Trash Enclosure Service Structure: All trash, recyclable materials, and trash and recyclable materials handling equipment and compactors shall meet the requirements of the city code and shall be screened from public view. All trash enclosure service structures shall be constructed of the same materials as the principal building.
(Picture)
(9) Pedestrian Environment: Pedestrian connections to the surrounding neighborhood shall be incorporated into all business development.
(a) Pedestrian amenities shall be included in places where people typically gather, including but not limited to, transit stops, building entrances, or street corners or abutting bike or pedestrian trail connections. These spaces must include at least two of the following:
(1) Patterned materials on walkways (on-site)
(2) Bicycle racks
(3) Trash receptacles (decorative)
(4) Pedestrian lighting
(5) Fountains, sculptures, mobiles, or kiosks
(6) Flower boxes, or container landscaping
(b) Sidewalk connections shall be provided to and through the development to existing and planned trails, sidewalks, and adjacent properties, where access exists, or reasonable connections are possible. Clear internal pedestrian circulation routes shall be provided on the site.
Landscape features help to define circulation and pedestrian connections.
(picture)
Patterned materials on walkways define a pedestrian-oriented area.
(picture)
Decorative bicycle racks, trash receptacles, and lighting with banners and planters can enhance the pedestrian environment.
(picture)
Sculptures and fountains add visual interest and attraction to pedestrian spaces. Flowers can be installed in temporary or permanent containers.
(pictures)
(10) Parking and Vehicular Circulation: Parking areas in all Business Districts shall be subject to the following design standards and requirements in Parking Design Requirements in Business and M1 Manufacturing Districts.
(a) Parking orientation shall minimize visual and noise impacts on adjacent properties.
(b) To the maximum extent feasible, parking shall be located behind or to the side of a building in a landscaped parking area. Structured parking, integrated with the building’s architectural design, is encouraged.
(c) Parking areas shall be safe and convenient for both the movement of vehicles and customers.
(d) Vehicle circulation on-site shall be clearly organized to facilitate movement into and throughout parking areas.
(e) On corner lots, parking shall not be located on the corner.
(f) Service access areas shall be located in the rear of the property, outside of view from public rights-of-ways. Buildings within a development should share services areas to the extent practical.
(g) Circulation and parking for service areas shall be designed to minimize disruption to the flow of vehicular and pedestrian trac.
(h) Development sites where use requires multiple deliveries shall provide separate customer and service access drives where possible.
(i) Parking lot must be paved with cement or asphalt (not gravel).
Service areas shall be located in the rear of the property, outside of view from public rights-of-ways.
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Parking shall be located to the side or behind the building.
(picture)
Vehicular circulation shall be clearly organized to facilitate movement and parking areas shall be safe and convenient for vehicles and customers.
(picture)
(11) Exterior storage: All exterior storage of material and equipment related to, located on, and used by any business shall be stored within a building or screened, as required herein, so as not to be visible from streets, highways, or neighboring property, with the exception of the following:
(a) Merchandise being displayed for sale or rental;
(b) Materials and equipment currently being used for construction on the premises;
(c) Merchandise located on service station pump islands and along the front length of the building.
Merchandise being displayed for sale or rental may be stored outside of the building.
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(B) Minimum Standards Applicable to All M1 Manufacturing Districts: To ensure attractive business development, the City has a set of M1 Manufacturing design standards applicable to all M1 Manufacturing development. This is applicable to the M1 Manufacturing district.
(1) Visual Interest and Building Materials: All new building fronts and refacing of an existing building shall include a minimum of three (3) of the following elements.
(a) Accent materials;
(b) A visually pleasing front entry that, in addition to doors, shall be accented a minimum of one hundred fifty (150) square feet around the door entrance for single occupancy buildings and a minimum of three hundred (300) square feet total for the front of multi-tenant buildings (this area shall be counted as one (1) element);
(c) Ten percent (10%) window coverage on each front that faces a street;
(d) Contrasting, yet complementary material colors;
(e) A combination of horizontal and vertical design features;
(f) Irregular building shapes, or
(g) Other architectural features in the overall architectural concept.
10% window coverage is required along the street. A visually pleasing front entrance shall be accented around the door area.
All buildings must incorporate a combination of vertical and horizontal features. No wall shall exceed 75’ in length without at least one visual interest element.
(picture)
(2) No wall shall exceed seventy-five hundred feet (75’) in length without at least one visual interest element, such as a window, horizontal or vertical façade articulation, contrasting materials colors, or vertical or horizontal patterns.
(3) Accent Materials: Accent materials shall be wrapped around walls visible from public view. Accent material shall consist of materials comparable in grade and quality to the primary exterior material. Such materials may include glass and prefinished decorative metal. Fiber cement trim, sot, and fascia may be used as accent materials.
Accent materials shall consist of materials comparable in grade and quality to the primary exterior material.
Accent materials shall be wrapped around walls visible from public view.
(picture)
(4) Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. No more than ninety percent (90%) of any exterior wall on a building shall be fiber cement siding, wood, or metal accent material.
(5) Fiber cement seam lines: shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material, and shall be required to be sealed. All materials shall be color impregnated with the exception of allowing architectural concrete precast panel systems (only within the I District) and fiber cement siding to be painted.
(6) Restricted Exterior Materials: Unadorned pre-stressed concrete panels, whether smooth or raked, non-decorative concrete block, sheet metal unfinished metal and/or galvanized or unfinished aluminum surfaces (walls or roofs) shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings.
(7) Roofs: Roofs which are exposed, or an integral part of the building aesthetics shall be constructed only of business grade shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are generally parallel with the first-floor elevation, are not subject to these material limitations.
The view of all rooftop equipment shall be screened from the ground level view defined as the view of the building from the furthest point of the width of the right-of-way form the property lines(s) that abut a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
(picture)
(8) Screening:
(a) Rooftop mechanical equipment: The view of all rooftop equipment and related piping, ducting, electrical and mechanical utilities abutting a street on buildings shall be screened from the ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
(b) Ground Mechanical Equipment: Ground mechanical equipment shall be one hundred percent (100%) screened from contiguous properties and adjacent streets by opaque landscaping, or a screen wall shall be provided to be compatible with the architectural treatment of the principal structure.
Ground mechanical equipment shall be screened in a way that is compatible with the architectural treatment of the principal structure.
(picture)
(c) Screening adjoining residential use: Wherever an M1 Manufacturing or Business Park use abuts or is across the street from an R Residential District, a berm, fence or screening comprised of compact evergreen trees or hedge or combination thereof, not less than eighty percent (80%) opaque at time of installation, nor less than six feet (6’) in height, except adjacent to a street where it shall be not less than three feet (3’) nor more than four feet (4’) in height shall be erected or installed and maintained. The light from automobile headlights and other sources shall be one hundred percent (100%) screened whenever it may be directed onto adjacent residential window.
Site layout for proposed office warehouse allows one row of customer parking in front and screens the loading area from the street.
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Berming and landscape screen
Preserved floodplain area
Existing residential area
Whenever an M1 Manufacturing District abuts or is across the street from a Residential district, a berm, fence or compact evergreen screen shall be erected and maintained.
The light from automobile headlights and other sources must be 100% screened whenever it may be directed onto adjacent residential windows.
(picture)
(d) Trash Enclosure Service Structure: All trash, recyclable materials, and trash and recyclable materials handling equipment and compactors shall be screened from public view. Any trash enclosure shall be constructed of the same materials as the principal building.
(picture)
(9) Parking and Vehicular Circulation: Parking areas in all M1 Manufacturing Districts shall be subject to the following design standards:
a) Parking orientation shall minimize visual and noise impacts on adjacent properties.
b) To the maximum extent feasible, parking shall be located behind or to the side of a building in a landscaped parking area.
c) Structured parking, integrated with the building’s architectural design, is encouraged.
d) Parking areas shall be safe and convenient for both the movement of vehicles and customers.
e) On corner lots, parking shall not be located on the corner.
f) Vehicle circulation on-site shall be clearly organized to facilitate movement into and throughout parking areas.
g) Service access areas shall be located in the rear of the property, outside of view from public rights-of-ways. Buildings within a development should share services areas to the extent practical.
h) Circulation and parking for service areas shall be designed to minimize disruption to the flow of vehicular and pedestrian trac.
i) Development sites where use requires multiple deliveries shall provide separate customer and service access drives where possible.
j) Parking lot must be paved with cement or asphalt (not gravel).
Vehicle circulation on-site shall be clearly organized to facilitate movement into and throughout parking areas.
(picture)
To the extent feasible, parking shall be located behind or to the side of a building in a landscaped parking area.
(picture)
(10) Exterior storage: All exterior storage of material and equipment related to, located on, and used by any business shall be stored within a building or fully screened, as required herein, so as not to be visible from streets, highways, or neighboring property, with the exception of the following:
a) Materials and equipment currently being used for construction on the premises
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(11) Loading and Service Areas: All external loading and service areas accessory to M1 Manufacturing buildings must be completely screened from the ground level view from contiguous residential or business properties and adjacent streets, except at access points. Whenever an M1 Manufacturing use abuts a residential district, there shall be no loading docks on any building elevation that is either directly facing or oriented towards a single- family residence.
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Loading docks shall be located at the rear of the property and screened from adjacent streets except at access points.
Whenever an M1 Manufacturing use abuts residential district, there shall be no loading docks directly facing or oriented towards a single-family residence.
(Prior Code, § 603.33) Penalty, see § 10.99
§ 151.083 ENFORCEMENT OF ZONING CODES.
(A) Any use of land in the city which is not expressly permitted by the terms of these zoning codes is prohibited. It shall be unlawful for any person to erect, construct, reconstruct, alter, repair, convert or maintain any building, structure, or sign or to use any land in violation of this chapter.
(B) For purposes of this chapter, PERSON shall include the property owner, in the case of leased property, the tenant, or any other person or entity in possession of the property with the knowledge and consent of the property owner.
(C) In the event of a violation, official control adopted under M.S. §§ 394.21 through 394.37, as they may be amended from time to time, in addition to other remedies, the City Council or any member thereof, or any aggrieved resident, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violation, or threatened violations, and it is the duty of the City Attorney to institute actions.
(Prior Code, § 603.34) Penalty, see § 10.99
§ 151.084 GREENBELTS.
In all B-1, B-2, B-3, or M-1 Districts adjacent to residential districts, regardless if they are or are not divided by streets, there shall be provided and maintained an attractive condition along the property line. The strip shall be planted with trees, evergreens, shrubs, and covered with grass. The width of the buffering yard and landscaping requirements are noted in the table below:
|
Description |
Buffering Requirement (Width of Land in Feet) |
Minimum Trees per 100 Linear Feet (Deciduous or Ornamental)* |
Minimum Evergreen Trees Per 100 Linear Feet* |
Minimum Shrubs Per 100 Linear Feet |
|
B-3 adjacent to R-1 |
15 |
6 |
3 |
9 |
|
B-3 adjacent to R-2 |
10 |
3 |
3 |
None |
|
B-1 to B-2 adjacent to R-1 |
25 |
12 |
8 |
18 |
|
B-1 or B-2 adjacent to R-2 |
15 |
6 |
3 |
9 |
|
M-1 adjacent to R-1 or R-2 |
40 |
15 |
12 |
24 |
|
* Trees and evergreens must be at least five feet in height at time of planting |
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