Loading...
(A) Purpose. The purpose of the C-2 Commercial District is to provide for commercial development outside of the C-1 Central Business District.
(B) Permitted uses and structures. All uses of a commercial nature, including retail, light industrial, wholesale, service, office, financial, recreational, professional, lodging, and sexually oriented businesses in compliance with Chapters 119 and 153, including all uses permitted in the C-1 Central Business District, and those other commercial uses as are not considered industrial as listed in § 151.27.
(C) Accessory uses. Those accessory uses permitted in the C-1 Central Business District.
(D) Conditional uses. Within the C-2 district no structure or land-shall be used for the following except by conditional use permit and in conformance with the standards specified in section (I) of this ordinance: All conditional uses permitted in the C-1 District.
(E) Lot requirements and setbacks. The following minimum requirements shall be observed in C-2 Districts, subject to additional requirements, exceptions and modifications set forth in this chapter:
(1) Lot area. None.
(2) Lot width. None.
(3) Setbacks.
(a) Front yards. None.
(b) Side yards. None.
(c) Rear yards. 15 feet.
(4) All lots shall front on and have ingress and egress by means of a public right-of-way.
(F) Building requirements; height. No structure shall exceed three stories or 45 feet, whichever is less.
(H) Height limitations shall not apply to water towers, chimneys, flag poles, antennae, wind energy conversion systems, church spires, church belfries or church domes not containing habitable space and support towers permitted by § 150.04.
(I) Conditional use permit standards for the C-2 Central Business District.
(1) Purpose. It is the intent of the city in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location, size and design are consistent with the standards, purposes and procedures of this chapter and the comprehensive plan, if one exists. The Planning Commission, if one exists, may recommend and the City Council may impose conditions on such uses in order to effect the purpose of this chapter.
(2) General standards. No conditional use permit shall be granted unless the City Council determines that all of the following standards will be met:
(a) The use is consistent with the intent of this chapter;
(b) The use is consistent with the goals, policies and objectives of the comprehensive plan, if one exists;
(c) The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements;
(d) The use does not have an undue adverse impact on the public health, safety or welfare; and
(e) The use meets the performance standards of § 151.30.
(3) Specific standards. In addition to the standards specified in division (2) above, no conditional use permit shall be granted unless the City Council determines that all of the specific standards contained in this subdivision will be met.
(a) One and two family dwellings and multiple family dwellings, including manufactured homes meeting the standards set forth in § 151.24 and manufactured home parks licensed by the state.
1. Building and site design shall provide a quality residential environment which is compatible with the permitted use;
2. At least two off-street parking spaces must be provided for the each residential unit, with such parking to be in a garage, carport or on a paved area specifically intended for that purpose;
3. The dwelling unit must be in compliance with all applicable building, housing, electrical, plumbing, heating and related city codes;
4. The use will be permitted only where the dwelling unit will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the neighborhood character; and
5. The city may require buffering or screening if needed.
(b) Nonresidential licensed daycare facilities.
1. Shall have loading and drop-off points designed to avoid interfering with traffic and pedestrian movements and designed to promote the safety of children entering the center;
2. Outdoor play areas shall be fenced and located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas (if any);
3. One parking space for each six attendees based on the licensed capacity of the center shall be provided; and
4. Shall obtain all applicable state, county and city licenses.
(c) Outdoor storage incidental to a principal use.
1. Outdoor storage shall not be located within 100 feet of any residential parcel;
2. Outdoor storage shall be screened by suitable materials, such as a fencings or natural landscaping features (trees, shrubbery, berms), as determined by Council. The screen must be, at minimum, equal to the height of the tallest item stored on the site;
3. Outdoor storage must be located in a rear or side yard;
4. Shall be kept in a neat and orderly fashion;
5. Shall not contain any unlicensed or inoperable motor vehicles; and
6. Shall not be operated in a manner as to constitute a nuisance or harborage of rodents or other wild animals.
(d) Drive-thru or drive-up windows accessory to a principal use.
1. Drive-up windows and stacking areas shall not be located adjacent to any residential parcel;
2. Stacking areas shall provide for a minimum of six cars per aisle;
3. Public address system shall not be audible from any residential parcel;
4. Drive-up windows and stacking areas shall be screened with suitable materials from adjacent parcels; and
5. Drive-up windows shall be designed to avoid interfering with traffic and pedestrian movements.
(e) Sidewalk cafes and outdoor eating or dining areas accessory to a principal use.
1. Shall be located in a controlled or cordoned area with at least one opening to an acceptable pedestrian walk. When a liquor license is involved, an enclosure is required and the enclosure shall not be interrupted; access shall be only through the principal building;
2. Shall not be permitted within 200 feet of any residential parcel and shall be separated from residential parcels by the principal structure or other method of screening acceptable to the city;
3. Shall be located and designed so as not to interfere with pedestrian and vehicular circulation;
4. Shall not be located to obstruct parking spaces;
5. Shall be located adjacent to an entrance to the principal use;
6. Shall be equipped with refuse containers and periodically patrolled for litter pick-up; and
7. Shall not have speakers or audio equipment which is audible from adjacent parcels.
(A) Purpose. The purpose of the I Industrial District is to provide for industrial development outside of the other districts authorized by this chapter. Development within the district shall be regulated through the performance standards outlined in § 151.30 of this chapter to promote sensitive site design and to mitigate external site impacts.
(B) Permitted uses and structures. Within the I District no structure or land may be used except for the following uses occurring within an enclosed building:
(1) Warehouse
(2) Storage
(3) Manufacturing
(4) Processing
(5) Office
(6) Wholesale
(7) Research
(8) Government buildings
(9) Other such industrial uses which in the determination of the City Council and as formally documented will be compatible and will not be detrimental to uses allowed in this or contiguous districts.
(C) Accessory structures and uses. Within the I District the following accessory uses are permitted provided they are subordinate to and associated with a permitted use:
(1) Living quarters for security personnel, provided they are located within the principal structure;
(2) Overnight outside storage of vehicles, provided the vehicles are associated with the business and are screened from view from residential properties or public views;
(3) Outside storage, including fuel storage, provided it is screened from general public view;
(4) Retail or service uses not exceeding 25% of the gross floor area of the principal structure;
(5) Other uses customarily associated with but subordinate to a permitted use, as determined by the city.
(6) Solar panels and equipment, satellite dishes and-antennas.
(D) Conditional uses. Within the I District no land or structure may be used for the following except by conditional use permit and in conformance with the performance standards contained in § 151.30 of this ordinance:
(1) Retail, or service uses occupying between 25% and 50% of the gross area of the principal structure.
(2) Wind energy conversion systems or windmills.
(E) District standards. No building or land in the I District shall be used except in conformance with the following:
(1) Building height. Maximum of 45 feet or three stories, whichever is less;
(2) Front yard setback. Minimum of 35 feet from local and neighborhood collector streets as identified in the comprehensive plan, if any, or the zoning map if no comprehensive plan is in existence; or a minimum of 50 feet from railroad lines and from major collector or arterial roadways as designated in the comprehensive plan if any, or the zoning map if no comprehensive plan is in existence;
(3) Side and rear yard setbacks. Minimum setbacks shall be in accordance with the following when measured from land designated accordingly in the comprehensive plan if any, or the zoning map if no comprehensive plan is in existence:
(a) 70 feet from R-1 and R-2 residential uses;
(b) 30 feet from C-1 and C-2 commercial business uses; and
(c) 20 feet from I District uses.
(4) Lot coverage. Maximum lot coverage shall be 85% and shall be calculated to include building footprints; parking areas; driveways; loading, storage and trash areas and other areas covered by any impervious surface;
(5) Access: from a collector or arterial roadway as designated in the comprehensive plan, if any, or a street specifically designed to accommodate industrial traffic;
(6) Trash enclosures or accessory buildings not to exceed 600 square feet in size shall be located behind the front building line of the principal building and not in any required set back;
(8) Performance standards shall be regulated pursuant to § 151.30.
(F) Conditional use permit standards for the Industrial District.
(1) Purpose. It is the intent of the city in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location, size and design are consistent with the standards, purposes and procedures of this chapter and the comprehensive plan. The Planning Commission, if any, may recommend and the City Council may impose conditions on such uses in order to ensure compliance or to effect the purpose of this chapter.
(2) General standards. No conditional use permit shall be granted unless the City Council determines that all of the following standards will be met:
(a) The use is consistent with the intent of this chapter;
(b) The use is consistent with the goals, policies and objectives of the comprehensive plan, if any;
(c) The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements;
(d) The use is in compliance with the performance standards specified in § 151.30, of this chapter; and
(e) The use does not have an undue adverse impact on the public health, safety or welfare.
(3) In addition to the standards specified in division (2), no conditional use permit shall be granted unless the City Council determines that each of the following specific standards will be met.
(a) Retail or service uses occupying between 25% and 50% of the gross area of the principal structure:
1. Shall be no exterior modifications to the building;
2. Shall have no outside storage or display and no accessory structures for retail sales purposes; and
3. Shall have sufficient parking to accommodate the additional retail traffic.
(b) Wind energy conversion systems or windmills.
1. Set back from the nearest property line a distance equal to the height of the tower plus one-half the diameter of the rotor;
2. Certified by a professional engineer as being of a design adequate for the atmospheric conditions of the area:
3. Equipped with over-speed or similar controls designed to prevent disintegration of the rotor in high winds;
4. Compliance with all building and electrical code requirements of the city, the noise regulations of the Minnesota Pollution Control Agency and the rules and regulations of the Federal Communications Commission and Federal Aviation Administration;
5. If the WECS has not been operated for a period of one year or fails to meet the conditions of this chapter, the City Council may order it dismantled and the site restored to its original condition; and
6. If the owner or person responsible for the WECS does not maintain it or comply with all requirements of this chapter, the city may take such steps as are necessary to achieve compliance. The cost of such work, including administrative costs, shall be a lien against the property and may be collected as a special assessment. The city may sell salvaged and valuable materials at public auction on ten days' notice.
(A) Purpose. The purpose of the Rural Residential and Agriculture District is to allow suitable areas of the city to be retained and utilized in open space and/or agricultural uses.
(B) Permitted uses. The following are permitted uses in the Rural Residential and Agriculture District:
(1) Agriculture, including farm dwellings and agricultural related buildings and structures subject to state pollution control standards, but not including commercial feedlots or other commercial operations.
(2) One-family dwelling units.
(3) Public, government owned parks, playgrounds, wild life areas and game refuges, athletic fields and other public recreational uses.
(4) Churches and places of religious assembly, public and private schools and government-owned buildings and facilities.
(5) Manufactured homes which meet the standards set forth in § 151.24.
(6) As required by M.S. § 462.357, Subd. 7, as it may be amended from time to time, a state licensed residential facility serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minn. Rules, parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.
(C) Accessory uses. The following are permitted accessory uses in the Rural Residential and Agriculture District:
(1) Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this district.
(2) Boat houses, piers and docks serving a single-family residence.
(3) Private garages, screen porches, play equipment, solar panel equipment, satellite dishes and antennae.
(4) The renting of rooms by a resident family for lodging purposes only, and for not more than two rooms in a one-family dwelling.
(D) Conditional uses. Within the Rural Residential and Agriculture District no structure or land shall be used for the following except by conditional use permit and in conformance with the standards specified in division (I) of this chapter.
(1) Bed and breakfast inns.
(2) Wind energy conversion systems or windmills.
(3) Home occupations.
(E) Lot requirements and setbacks. The following minimum requirements shall be observed in the Rural Residential and Agriculture District, subject to additional requirements, exceptions and modifications set forth in this chapter:
(1) Lot area. A minimum of two and one-half acres of upland area, upland being land above the 100-year flood elevation or non-wetland.
(2) Lot width. A minimum of 200 feet.
(3) Lot depth. A minimum of 300 feet.
(4) Setbacks.
(a) Front yard. A minimum of 40 feet.
(b) Side yards. A minimum of 10 feet.
(c) Side yards, corner lots. A minimum of 30 feet on side adjacent to street, but in no case less than the setback of an adjacent lot which has its front yard on the same street.
(d) Rear yard. A minimum of 30 feet.
(e) Rear yard, corner lots. A minimum of 15 on side adjacent to street, but in no case less than the setback of an adjacent lot which has its rear yard on the same street.
(5) Detached accessory building setback requirements. Not less than five feet from rear yard line and not less than four feet from the side yard lines in the rear yard. On corner lots not less than 25 feet from the adjacent street, but in no case less than the setback of an adjacent lot which has its front yard on the same street.
(6) Access. All lots shall front on and have ingress and egress by means of a public right-of-way.
(F) Building requirements; height. No structure shall exceed two stories or 35 feet, whichever is less.
(H) Height limitations shall not apply to water towers, chimneys, flag poles, antennae, wind energy conversion systems, church spires, church belfries or church domes not containing habitable space and support towers permitted by § 150.04.
(I) Conditional use permit standards for the Rural Residential and Agriculture Single-Family Residential District.
(1) Purpose. It is the intent of the city in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location, size and design are consistent with the standards, purposes and procedures of this chapter and the comprehensive plan, if one exists. The Planning Commission, if one exists, may recommend and the City Council may impose conditions on such uses in order to effect the purpose of this chapter.
(2) General standards. No conditional use permit shall be granted unless the City Council determines that all of the following standards will be met:
(a) The use is consistent with the intent of this chapter;
(b) The use is consistent with the goals, policies and objectives of the comprehensive plan, if one exists;
(c) The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; and
(d) The use does not have an undue adverse impact on the public health, safety or welfare.
(3) Specific standards. In addition to the standards specified in division (2), no conditional use permit shall be granted unless the City Council determines that all of the specific standards contained in this division will be met.
(a) Home occupations.
1. Such occupation shall be carried on in the main building;
2. Not more than 25% of the floor space of the residence is used for this purpose;
3. No articles for sale be displayed so as to be visible from the street;
4. The conduct of the home occupation shall result in no change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation, other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the dwelling.
5. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.
6. Only limited retail sales activity;
7. Maximum of one outside employee;
8. Adequate off-street parking based on number of employees and customers per day;
9. Parking area screened from offsite views;
10. No outside storage;
11. Shall not result in significant levels of noise, air or other pollution;
12. Business hours restricted to no more than 8:00 a.m. to 9:00 p.m.; and
13. Outside parking of no more than one commercial type vehicle or vehicle identified for business purposes not to exceed one ton capacity which is used for both personal and business transportation. The vehicle is to be owned and registered by an occupant of the property and parked in a screened location.
(b) Wind energy conversion systems (WECS).
1. Set back from the nearest property line a distance equal to the height of the tower plus one-half the diameter of the rotor;
2. Certified by a professional engineer as being of a design adequate for the atmospheric conditions of the area;
3. Equipped with over-speed or similar controls designed to prevent disintegration of the rotor in high winds;
4. Compliance with all building and electrical code requirements of the city, the noise regulations of the Minnesota Pollution Control Agency and the rules and regulations of the Federal Communications Commission and Federal Aviation Administration;
5. If the WECS has not been operated for a period of one year or fails to meet the conditions of this chapter, the City Council may order it dismantled and the site restored to its original condition;
6. If the owner or person responsible for the WECS does not maintain it or comply with all requirements of this chapter, the city may take such steps as are necessary to achieve compliance. The cost of such work, including administrative costs, shall be a lien against the property and may be collected as a special assessment. The city may sell salvaged and valuable materials at public auction on ten days' notice; and
7. The WECS shall meet the performance standards of § 151.30.
(c) Bed and breakfast inns.
1. The conduct of the bed and breakfast inn shall result in no change in the outside appearance of the building or land, or other visible evidence of the conduct of the bed and breakfast inn,
other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the dwelling.
2. No traffic shall be generated by such bed and-breakfast inn in greater volume than would normally be expected in a residential neighborhood.
PERFORMANCE STANDARDS
(A) Purpose. The purpose of performance standards is to establish specific and quantifiable limitations on identified types of pollution and other activities which have a high nuisance potential. The performance standards apply in all zoning districts unless specifically stated to the contrary.
(B) Performance Standards Regulating Exterior Lighting.
(1) Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any contiguous parcel. Reflected glare or spill light shall not exceed five-tenths foot-candles as measured on the property line when abutting any residential parcel and one foot-candle on any abutting commercial or industrial parcel. Street lights installed in public right-of-way shall be excepted from these standards.
(2) Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The city may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood.
(3) No flickering or flashing lights shall be permitted.
(4) Direct, off-site views of the light source shall not be permitted except for globe and/or ornamental light fixtures approved in conjunction with a site and building plan. Globe and ornamental fixtures shall only be approved when the developer can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by the fixture design and/or location.
(5) The city may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this chapter.
(C) Performance standards regulating noise and vibration.
(1) Noises emanating from any use shall be in compliance with and regulated by the standards of the Minnesota Pollution Control Agency. Any use established or remodeled after the effective date of this chapter shall be so operated as to prevent vibration discernable at any point beyond the lot line of the site on which such use is located. The city may also limit the hours of operation of outdoor noise if it is deemed necessary to reduce impacts on the surrounding neighborhood.
(2) Ground vibration and noise caused by motor vehicles, trains, aircraft operations or temporary construction or demolition shall be exempt from these regulations. However, if deemed appropriate, the city may establish limits on the hours of operation of temporary construction or demolition operation to limit off-site impacts.
(D) Performance standards regulating smoke and particulate matter. No use shall produce or emit smoke, dust or particulate matter exceeding applicable regulations established by the Minnesota Pollution Control Agency.
(E) Performance standards regulating odor. No use shall produce unreasonable or disturbing odors beyond the property line exceeding applicable regulations established by the Minnesota Pollution Control Agency.
(F) Performance standards regulating toxic or noxious matter. No use or operation shall emit a concentration of toxic or noxious matter across the property line which exceeds applicable regulations of the Minnesota Pollution Control Agency.
(G) Performance Standards Regulating Radiation. No operation shall be conducted which exceeds the standards established by applicable regulations of the Minnesota Department of Health.
(H) Performance standards regulating heat and humidity. No use shall produce any unreasonable, disturbing or unnecessary emissions of heat or humidity beyond the property line which cause material distress, discomfort or injury to persons of ordinary sensitivity.
(I) Performance standards regulating electromagnetic interference. No use shall produce electromagnetic interference with normal radio or television reception in any residential district, or exceed applicable standards established by any applicable federal or state regulations.
(J) Performance standards regulating liquid or solid waste. All uses shall be subject to applicable regulations of the city governing discharge into a public storm or sanitary sewer, waterway or stream.
Loading...