§ 153.037 ALLOWABLE USES.
   (A)   Uses allowed in any district.
      (1)   Permitted principal uses (“P”): those uses that are allowed as a matter of right. Permitted multiple family residential, business or industrial uses are required to submit a site plan in accordance with the requirements in §§ 153.169 through 153.172.
      (2)   Conditional (“C”) or Interim (“I”) Uses: those uses that are allowed only after issuance of a conditional or interim use permit as required in §§ 153.169 through 153.172. Conditional or interim uses may include:
         (a)   Uses listed as conditional or interim uses on the Land Use Chart;
         (b)   Uses not listed on the Land Use Chart as either permitted, conditional or interim uses, but which have been reviewed by the Planning Commission and designated by the City Council as conditional or interim uses that are similar to those listed;
         (c)   Multiple operational uses as defined herein, if at least one of the operations is classified as a conditional use.
      (3)   Accessory uses (“A”): those uses that are incidental to the principal use of the premises on which it is conducted. Customary accessory uses such as off street parking and signs and essential services are permitted in each district.
      (4)   Planned Unit Development - PUD (“D”): those uses allowed only after issuance of a PUD permit. Uses allowed in a PUD may include permitted uses, uses by conditional use permit, and accessory uses. The underlying zoning district(s) establishes the basic allowable uses and the general development standards.
   (B)   Building and demolition permits required. Building permits must be secured for any new construction or alteration, and a demolition permit must be obtained for demolition of any building, pursuant to the provisions of the State Building Code and the City Code.
   (C)   Accessory use regulations. Accessory uses in each district shall be permitted where they are customarily incidental to the uses therein set forth.
   (D)   Accessory uses for nonresidential uses in residential districts. The following accessory uses, in addition to those herein before specified, shall be permitted in any residence district if the accessory uses do not alter the character of the premises in respect to their permitted use:
      (1)   The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district;
      (2)   Recreation, refreshment and service buildings in public parks and playgrounds;
      (3)   Storm/fallout shelters.
   (E)   Accessory building standards.
      (1)   In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building in a residential district, unless attached to and made a part of the main building, except as otherwise provided in this chapter.
      (2)   Detached accessory buildings (including garages) may be built or placed in - but may occupy no more than 30% of - the required rear yard. The minimum side and rear yard setback therefor shall be 4 feet. No such accessory building shall have a floor area greater than 1000 sq. ft. (except in “AR” districts, where this floor area restriction does not apply). The property owner may build a detached accessory building on an adjoining tract or lot in certain cases where the property owner owns 2 tracts or lots that are contiguous to one another and which are similarly zoned to allow detached accessory buildings. It does not matter if the tracts or lots are in the same platted subdivision, different platted subdivisions, or are not platted and described by "metes and bounds." The tracts or lots cannot be separated by a public or private right-of-way or a natural or manmade physical barrier. The property owner must apply to the city for an exception, approved by the Planning Commission and City Council, to insure all other aspects of the city code will be addressed and to ensure homogeneity in neighborhoods throughout the city. The exception, if approved, must be recorded in the records of the Jackson County Minnesota Recorders Office. The exception shall terminate automatically if the tracts or lots are not owned by the same person(s) or entity and the detached accessory building can then no longer be maintained and must be removed. For purposes of this section, corner lots have 2 front yards and only 1 side yard.
      (3)   Minimum structural requirements for all detached accessory buildings in residential zoning districts (except the AR District) shall conform to the following minimum standard requirements:
         (a)   The roof style of the accessory building shall be similar to the roof style of the dwelling;
         (b)   The height of any accessory building may not exceed the height of the dwelling;
         (c)   Unpainted metal exterior finishes are prohibited for accessory buildings that have ground coverage of greater than 120 square feet;
         (d)   The construction shall conform to the Uniform Building Code as adopted by the City Council;
         (e)   A building, with ground coverage greater than 120 square feet, shall be constructed on a concrete slab or footing.
      (4)   Conex and truck boxes are not permissible structures and are prohibited in all districts except that they may be placed and used as follows:
         (a)   Only after issuance of a moving permit therefor;
         (b)   Temporarily (for up to 18 months) in all districts at construction sites and while, but only so long as, construction is in progress pursuant to a duly issued and unexpired building permit;
         (c)   Pursuant to an interim use permit authorizing placement of one or more conex boxes for more than 18 months as an accessory structure in Planned Industrial (PI), General Industrial (GI), Service Business (SB), and Agricultural Residence (AR) districts, provided, that each such unit shall be:
            1.   Placed and maintained in compliance with setback requirements for permanent structures, except when used temporarily during construction as aforesaid;
            2.   Anchored according to the Minnesota State Building Code and manufacturer’s specifications; and
            3.   Maintained so that all exterior surfaces are covered with paint of the same color, with no bare metal exposed to the elements;
         (d)   The total square footage of space occupied by conex boxes shall not exceed 40% of the developable area of the tract upon which they are placed (“developable area” means the area of the tract that is or can be developed with a building or buildings in accordance with the City Code and the Minnesota State Building Code); and
         (e)   Conex boxes shall not be stacked one on top of the other.
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 7, 6th Series, passed 6-6-2006; Am. Ord. 29, 6th Series, passed 8-17-2010; Am. Ord. 104, passed 3-2-2020)