A. Districts: For the purpose of this chapter, the City is hereby divided into the following use districts and groups of use districts:
1. Residential Districts:
R-1 One and Two Family Residential District
R-1C Country Homes, One and Two Family Residential District
R-2 One and Two Family Residential District
R-3 Multiple Family Residential District
R-4 Manufactured Homes Residential District
2. Business Districts:
B-1 Central Business District
B-2 Noncentral Business District
3. Industrial Districts:
I-1 Industrial District
4. Planned Unit Development (PUD) Overlay District:
PUD Planned Unit Development Overlay District
5. Mississippi Headwaters Corridor Overlay District:
M Overlay District
B. Map: The boundaries of the zoning districts are hereby established as shown on that certain map entitled “Zoning Districts of the City of Little Falls”, dated August 2017, which map is properly approved and filed, hereinafter referred to as the “zoning map”. Said map, and all of the notations, references and other information shown thereon, shall have the same force and effect as if fully set down herein and are hereby incorporated by reference and made a part of this chapter. All amendments to the zoning map are on file in the City office.
C. Boundaries: Where any uncertainty exists as to the exact location of a boundary line, as shown on said zoning map, the location of such line shall be determined by the City Council. District boundary lines as indicated on said map follow lot lines, the centerline of streets or alleys, the centerline of streets or alleys projected, the center of watercourses or the corporate limit lines, all as they exist upon the effective date hereof. If districts boundary lines do not follow any of the described lines, the district boundary lines are established as drawn on the zoning map.
D. R-1 One and Two Family Residential District:
1. Permitted Uses Within Any R-1 One And Two Family Residential District: No structure or land shall be used, except for one or more of the following uses:
A home occupation upon issuance of a home occupation permit. All home occupation permits must meet the following criteria:
a. The home occupation shall be engaged in only by persons residing within the dwelling or building within which the home occupation is conducted;
b. The home occupation shall be conducted within the principal residence, within a designated area not comprising more than ten percent (10%), or one room, of the total floor area of the residence;
c. There shall be no evidence of the home occupation, other than signs permitted under Section 5.30 of this Code, visible outside the structures;
d. The home occupation shall not include over the counter, retail sales of merchandise produced off the property;
e. No more than three (3) parking spaces shall be used by the persons conducting the home occupation and customers at any one time;
f. The home occupation shall not generate additional motor vehicle or pedestrian traffic beyond normal residential use;
g. No equipment or process shall be used in the home occupation which generates noise, vibration, glare, dust, fumes, odors, or creates visual or electrical interference with radio or television reception outside the home;
h. No materials, supplies or stock in trade will be stored outside the area designed for the home occupation;
i. The occupation shall not involve materials or mechanical equipment which are not part of normal residential use;
j. The home occupation shall not involve commercial delivery service other than parcel service and United States mail;
k. The home occupation shall not involve the use of explosives or highly combustible materials or the storage of hazardous materials.
l. Home occupation permits are not transferable;
m. No home occupation shall be operated from an accessory structure or garage, except by conditional use;
n. Home occupation permits are subject to review for compliance with this chapter. Should a violation occur, the permit is subject to revocation.
Essential services, buildings, and structures.
Fallout or blast shelter.
New small wireless facilities, provided that they shall be:
a. Not located within a historic district established by Federal or State law or City ordinance as of the date of application for small wireless facility permit.
b. Attached to the roof of an existing building such that it does not have a height greater than ten feet (10') above the highest point of the roofline or otherwise is not readily visible from a public right- of-way or adjoining Residential zoned property.
c. Served by underground power and communication lines, unless otherwise approve by the Public Works Director where underground installation is not feasible.
One and Two Family Dwellings.
Public and private parks, playgrounds, athletic fields, and other recreation uses of a supporting nature to parks and playgrounds.
Residential and nonresidential programs as regulated by Minnesota Statutes 245A.11 and 245A.14, as amended, except where such programs are considered a multifamily residential use by said statutes.
Rural and urban agriculture, market gardens, nurseries, or greenhouses, including the sale of products raised on the premises; provided, that no products are exhibited for sale within fifteen feet (15') of any street right-of-way. The renting of rooms by a resident family for lodging purposes only, and for not more than two (2) rooms in a one- family dwelling.
2. Conditional Uses in Any In Any R-1 One And Two Family Residential District: No structure or land shall be used for the following uses, except by conditional use permit:
Bed and breakfasts are allowed by conditional use permit in an R-1 Zoning District as regulated in this section, subject to the following conditions:
a. Parking must meet the requirements of Section 11.07 of this Chapter.
b. All guestrooms must be contained in the principal building.
c. Dining facilities are not open to the public but limited to residents, employees, and registered guests.
d. The facility must be licensed by Morrison County Public Health and/or the Minnesota Department of Health.
e. Bed and breakfast uses in residential areas must be located at least six hundred feet (600') apart (approximately 2 blocks).
f. The facility must be inspected by the State Fire Marshal and the City building inspector every three (3) years at the time of license renewals by the Minnesota Department of Health.
g. The facility, if located in a Residential Zone District, shall appear outwardly to be a single family dwelling, giving no appearance of a business use except for signage as allowed in Section 5.30 of this Code.
h. The conditional use permit shall be transferable with the property provided that any conditions or other terms of the approval continue to be met.
Bed and breakfasts with additional food service are allowed by conditional use permit in an R-1 Zoning District as regulated in this section, subject to the following conditions:
a. Parking must meet the requirements of Section 11.07 of this Chapter. In addition, must provide off street parking for all dining guests.
b. All guestrooms must be contained in the principal building.
c. Dining facilities are not open to the public but limited to residents, employees and registered guests or dining guests by appointment only.
d. Dining will be limited to ten (10) persons or less.
e. The facility must be licensed by Morrison County Public Health and/or the Minnesota Department of Health.
f. Bed and breakfast uses in residential areas must be located at least six hundred feet (600') apart (approximately 2 blocks).
g. The facility must be inspected by the State Fire Marshal and the City building inspector every three (3) years at the time of license renewal by the Minnesota Department of Health.
h. The facility, if located in a Residential Zone District, shall appear outwardly to be a single family dwelling, giving no appearance of a business use and is allowed a maximum of eight (8) square feet of signage.
i. The conditional use permit shall be transferable with the property provided that any conditions or other terms of the approval continue to be met.
Buildings used exclusively for government purposes, whether City, County, State or Federal, provided that no vehicle or equipment storage or repair shall be performed.
Churches, parish houses and other structures located on the same site which are integral parts of the church proper.
Commercial daycares.
Conditional agricultural, rural.
Golf course and country club, including buildings for clubhouses, pro shop, vehicle storage, equipment storage or repair shall be permitted on parcels of forty (40) acres or more.
Hospitals, nursing homes, homes for the aged (including assisted living, memory care or similar) and medical clinics along with associated accessory uses including heliports; provided, that no building shall be located within fifty feet (50') of any property line.
Multiple dwellings containing not more than four (4) dwelling units; provided, however, that the building to be used was in existence on the effective date hereof, and will provide a gross floor area of at least five hundred (500) square feet per dwelling unit and the City Council finds that by reason of its size and design or lack of demand, it cannot be beneficially used for any of the purposes for which buildings may lawfully be used under the provisions of this subsection and that when altered, in order to adopt it to the new use, the building will conform in character and type to other residences in the immediate neighborhood; and further provided, that the house to be converted is located on a lot with an area of at least nine thousand (9,000) square feet, plus six hundred fifty (650) square feet for each dwelling unit.
Multiple dwellings; provided, however, that the building to be used for such conditional use had prior thereto been used for a public school, a private school, a church or other church purpose, excluding parish houses, an exclusive City, State or Federal government purpose, a hospital, a nursing home, or a medical clinic.
New small wireless facilities or wireless support structure for the siting of small wireless facilities, located in a historic district established by Federal or State law or City ordinance as of the date of application for a small wireless facility permit, provided that the small wireless facility or wireless support structure shall be:
a. No taller than forty feet (40') in height;
b. All communication equipment shall be attached to an engineered support structure in a manner approved by the City’s Heritage Preservation Commission and City Council.
c. Meet minimum setbacks from property lines that would be applicable to a sign under section 5.30 of this Code.
d. Constructed of a material and color approved by the City’s Heritage Preservation Commission and the Public Works Director.
e. Served by underground power and communication lines. The structure shall not be served by any above-ground power or communication lines; unless otherwise approved by the City’s Heritage Preservation Commission and the Public Works Director where underground installation is not feasible.
New small wireless facilities, when not otherwise considered a permitted use, or wireless support structures for the siting of small wireless facilities provided that the small wireless facility or wireless support structure shall:
a. Not be located in a historic district established by Federal or State law or City ordinance as of the date of application for small wireless facility permit.
b. Be no taller than forty feet (40') in height.
c. Meet minimum setbacks from property lines that would be applicable to a sign under section 5.30 of this Code.
d. To the extent possible, have an antenna that is shrouded or camouflaged.
e. Be an engineered pole or as otherwise approved by the Public Works Director.
f. Be served by underground power and communication lines, unless otherwise approved by the Public Works Director where underground installation is not feasible.
Professional offices and offices or services of a general nature, including, but not limited to, doctors, dentists, lawyers, architects, engineers, accountants, insurance, real estate, government and nonprofit organizations, but not including operations involving more than ancillary retail sales related to the primary use, wholesale sales or warehousing; provided, however, that the building to be used for such conditional use had prior thereto been legally used for a business, a public school, a private school, a church or other church purpose, excluding parish houses, an exclusive City, State or Federal government purpose, a hospital, a nursing home, or a medical clinic and that the offices or services are housed within the same gross floor area as had existed when the building was last used for the above-mentioned purposes.
Public and private schools.
3. Interim Uses In Any R-1 One and Two Family Residential District: No structure or use of land shall be used for the following uses, except by interim use permit:
Columbarium (interior or exterior) as an accessory use to churches places of worship, or religious institutions with a valid conditional use permit and subject to the following conditions:
a. A columbarium is subject to a building permit with a site plan.
b. The religious institution must own the property on which the columbarium is placed.
c. The exterior of the columbaria must be constructed to be consistent with existing building/church architecture.
d. Exterior columbaria shall only be located in a side or rear yard.
e. Columbaria shall have a minimum side yard and rear yard setback of 50 feet.
f. Columbaria height shall not exceed 25 feet (including all spires, etc.) or that of the principal structure, whichever is less.
g. The construction, operation, maintenance, and disposition of a columbarium by the church, place of worship or religious institution, will be in accordance with all applicable state statutes and regulations.
h. If the church, place of worship or religious institution ceases operation, all urns and remains must be removed from the property within six months.
Home occupations by interim use permit, including licensed non-residential programs considered a permitted multi-family use by Minnesota Statutes 245.A.14, as amended from time to time:
a. A home occupation which does not meet the criteria of a home occupation in Subsection D.1. of this Section may be conducted following the issuance of an interim use permit for a home occupation.
b. In reviewing an application for an interim use permit for a home occupation, the City shall consider the impact of the proposed home occupation on the character of the neighborhood and shall impose such conditions as shall limit or eliminate such impact. In reviewing the impact of the proposed home occupation, the City shall consider such issues as the amount of space devoted to the occupation, the number of individuals participating in the occupation, the noise, glare and/or odor produced by the occupation, the street and/or pedestrian traffic generated by the occupation, and any other factors which impact on the residential character of the neighborhood. In the event that the City determines that the adverse impact cannot be limited or eliminated, the City shall deny the conditional use permit.
c. Interim use permits for home occupations are not transferable and are subject to revocation in the event that the permit holder conducts the home occupation contrary to the conditions placed on it in the interim use permit.
Other uses of the same general character as permitted or conditional uses listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare and other nuisance characteristics, and other factors that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses In Any R-1 One and Two Family Residential District: No accessory structure or use of land shall be permitted, except for one or more of the following:
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements:
a. No structure or building shall exceed three (3) stories or forty feet (40') in height, except by conditional use permit. (Ord. 5, 7th Series, eff. 1-2-2018)
b. The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications contained in this chapter:
Lot Size | Lot Width | ||
Interior Lot | Corner Lot | Interior Lot | Corner Lot |
11,000 square feet | 12,000 square feet | 80 feet | 80 feet |
Front Yard Setback | Rear Yard Setback | Side Yard Setback Interior Lot | Side Yard Setback Exterior Lot | |
Principal structure | 30 feet | 35 feet | 10 feet | 15 feet |
Accessory structure | 30 feet | 10 feet | 5 feet | 15 feet |
Minimum gross floor area for single family dwelling: One thousand (1,000) square feet.
Minimum gross floor area for two family dwelling: One thousand six hundred (1,600) square feet.
E. R-1C Country Homes, One and Two Family Residential District:
1. Permitted Uses:
Any use permitted in the R-1 One and Two Family Residential District.
2. Conditional Uses:
Any use permitted as a conditional use in the R-1 One and Two Family Residential District.
3. Interim Uses:
Any use permitted as an interim use in the R-1 and Two Family Residential District.
Other uses of the same general character as permitted or conditional uses listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of the use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare and other nuisance characteristics, pollution potential and other factors that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses:
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements:
a. No structure or building shall exceed three (3) stories or forty feet (40') in height, except by conditional use permit.
b. The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications contained in this chapter:
Lot Size | Lot Width | ||
Interior Lot | Corner Lot | Interior Lot | Corner Lot |
16,000 square feet | 16,000 square feet | 100 feet | 100 feet |
Front Yard Setback | Rear Yard Setback | Side Yard Setback Interior Lot | Side Yard Setback Exterior Lot | |
Principal structure | 20 feet | 10 feet | 15 feet | 15 feet |
Accessory structure | 20 feet | 10 feet | 5 feet | 15 feet |
c. Minimum floor area for single family dwelling:
(1) One story, single family dwelling: One thousand (1,000) square feet.
(2) One story, two family dwelling: One thousand six hundred (1,600) square feet.
(3) Split level or two-story dwellings: Eight hundred sixty four (864) square feet per level.
d. Notwithstanding the foregoing, a lot shall be considered conforming, provided:
(1) The lot is at least twelve thousand (12,000) square feet in area; and
(2) The lot was a recorded lot of record in separate ownership on or before September 1, 2003, or with its incorporation into the City; and
(3) The lot was in compliance with applicable zoning ordinances at the time of its creation; and
(4) Any new structures will meet applicable setbacks.
F. R-2 One And Two Family Residential District:
1. Permitted Uses:
Any use permitted in the R-1 District.
2. Conditional Uses:
Any use permitted as conditional in the R-1 District.
Heliports.
Multiple dwellings containing not more than four (4) dwelling units; provided, however, that the building to be used was in existence on the effective date hereof, and will provide a gross floor area of at least five hundred (500) square feet per dwelling unit and the City Council finds that by reason of its size and design or lack of demand, it cannot be beneficially used for any of the purposes for which buildings may lawfully be used under the provisions of this subsection and that when altered, in order to adopt it to the new use, the building will conform in character and type to other residences in the immediate neighborhood; and further provided, that the house to be converted is located on a lot with an area of at least nine thousand (9,000) square feet, plus six hundred fifty (650) square feet for each dwelling unit.
3. Interim Uses:
Any use permitted as interim in the R-1 District.
Other uses of the same general character as permitted or conditional uses as listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of the use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare and other nuisance characteristics, pollution potential and other factors that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses:
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements: All uses in the R-2 District shall comply with the requirements of the R-1 District of this section, except as hereinafter modified:
Lot Size | Lot Width | ||
Interior Lot | Corner Lot | Interior Lot | Corner Lot |
9,000 square feet | 9,000 square feet | 60 feet | 60 feet |
Front Yard Setback | Rear Yard Setback | Side Yard Setback Interior Lot | Side Yard Setback Exterior Lot | |
Principal structure | 30 feet | 30 feet | 5 feet | 15 feet |
Accessory structure | 30 feet | 10 feet | 5 feet | 15 feet |
G. R-3 Multiple Family Residential District:
1. Permitted Uses:
Any use permitted in the R-1 District.
Multiple dwellings.
2. Conditional Uses:
Any use permitted as conditional in the R-1 District.
Commercial, retail and service facilities of an ancillary nature, housed within a multiple dwelling complex, including daycare facilities, hospital, nursing home, or home for the aged, including assisted living, memory care or similar.
Residential and nonresidential programs as regulated by Minnesota Statutes 245A.11 and 245A.14, as amended from time to time, including programs considered a multifamily residential use by said statutes.
3. Interim Uses:
Any use permitted as interim in the R-1 District.
Other uses of the same general character as permitted or conditional uses listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of the use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare and other nuisance characteristics, pollution potential and other factors that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses:
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements:
a. There shall be no height restriction on buildings in the R-3 District, except that any structure exceeding three (3) stories or forty five feet (45') shall be set back from the nearest property line a distance equal to one-half (½) the building height.
b. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications contained in this chapter:
Lot Size | Lot Width | |||
Interior Lot | Corner Lot | Interior Lot | Corner Lot | |
One- and two-family structures | 9,000 square feet | 9,000 square feet | 60 feet | 60 feet |
Three and four family structure | 12,000 square feet | 12,000 square feet | 60 feet | 60 feet |
Five and higher family structure | 15,000 square feet | 15,000 square feet | 60 feet | 60 feet |
Principal Structure | Front Yard Setback | Rear Yard Setback | Side Yard Setback Interior Lot | Side Yard Setback Exterior Lot |
One- and two-family structures | 30 feet | 30 feet | 5 feet | 15 feet |
Three and four family structures | 30 feet | 30 feet | 10 feet | 15 feet |
Five or higher family structures | 30 feet | 30 feet | 15 feet | 15 feet |
Accessory structure | 30 feet | 10 feet | 5 feet | 15 feet |
H. R-4 Manufactured Homes Residential District:
1. Permitted Uses:
Any use permitted in the R-3 District.
“Manufactured homes”, as defined in Section 11.02 of this Chapter.
Motels.
2. Conditional Uses:
Any use permitted as conditional in the R-3 District.
Recreation vehicles and manufactured home sales.
Retail or service outlets intended to serve occupants of the permitted uses.
3. Interim Uses:
Any use permitted as interim in the R-3 District.
Other uses of the same general character as permitted or conditional uses listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of the use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare and other nuisance characteristics, pollution potential and other factors that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses:
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements:
a. No structure or building shall exceed two (2) stories or thirty feet (30') in height, except by conditional use permit. (Ord. 5, 7th Series, eff. 1-2-2018)
b. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications contained in this chapter.
(1) Minnesota Statutes 327.10 - 327.28 Manufactured Home Parks and Camping Area.
(2) Minnesota Rule 4630 governing manufactured home parks and recreational camping area. (Ord. 96, 6th Series, eff. 9-5-2017)
I. B-1 Central Business District:
1. Permitted Uses:
Any permitted or conditional use in the One- and Two-family Residential R-1, Country Homes, One and Two Family Residential R-1C; Multifamily Residential R-3 Districts, except as limited in this section.
Any business or commercial establishment that is not specifically prohibited and as otherwise limited in this section, including retail establishments, food service establishments, on and/or off sale liquor establishments, personal services, professional services, equipment and auto repair services, entertainment, and amusement services, lodging services, including hotels and motels. Mobile food unit provided it is located according to the provisions of Chapter 6, Section 6.39 of this City Code.
Food trucks, for periods of time not exceeding twelve (12) hours on any calendar day, provided that it is located on the same lot as an operating business.
Funeral Home, with not onsite crematorium permitted.
New small wireless facilities, provided that they shall be:
a. Not located in a historic district established by Federal or State law or City ordinance as of the date of application for a small wireless facility permit.
b. Attached to the roof of an existing building such that it does not have a height greater than ten feet (10') above the highest point of the roofline or otherwise is not readily visible from a public right- of-way or adjoining Residential zoned property.
c. Attached to a tower, pole, sign, light, or other similar structure which has been legally permitted, which has been granted a conditional use permit, or which exists as a legal conforming structure, such that it does not have a height greater than the maximum allowable height for the zoning district in which it is constructed.
d. Served by underground power and communication lines, unless otherwise approved by the Public Works Director where underground installation is not feasible.
New wireless support structures for the siting of small wireless facilities, provided that the wireless support structure shall be:
a. Not located within a historic district established by Federal or State law or City ordinance as of the date of application for a small wireless facility permit.
b. No taller than forty feet (40') in height.
c. Meet minimum setbacks from property lines that would be applicable to a sign under Section 5.30 of this Code.
d. To the extent possible, have an antenna that is shrouded or camouflaged.
e. Be an engineered pole or as otherwise approved by the Public Works Director.
f. Served by underground power and communication lines. The structure shall not be served by any above-ground power or communication lines, unless otherwise approved by the Public Works Director where underground installation is not feasible.
Private clubs.
Public and semi-public buildings, including a Post Office, a Fire Hall, or a City Hall.
2. Conditional Uses:
Any use that provides more than fifty (50) parking spaces or is required to provide more than fifty (50) parking spaces.
Any use where a drive-thru or drive-up window is within fifty feet (50') of a Residentially used or zoned property is not entirely screened from said residential property and public streets or alleys within fifty feet (50') of said residential property.
Any use where outdoor storage will exceed five hundred (500) square feet or where outdoor storage within fifty feet (50') of a Residentially used or zoned property is not entirely screened from said residential property and public streets or alleys within fifty feet (50') of said residential property.
Communications towers, as regulated elsewhere in this chapter, when not located in a historic district established by Federal or State law or City ordinance.
Light assembly or light manufacturing.
New small wireless facilities or wireless support structure for the siting of small wireless facilities, located in a historic district established by Federal or State law or City ordinance as of the date of application for a small wireless facility permit, provided that the small wireless facility or wireless support structure shall be:
a. No taller than forty feet (40') in height.
b. All communication equipment shall be attached to an engineered support structure in a manner approved by the City’s Heritage Preservation Commission and City Council.
c. Meet minimum setbacks from property lines that would be applicable to a sign under Section 5.30 of this Code.
d. Constructed of a material and color approved by the City’s Heritage Preservation Commission and by the Public Works Director.
e. Served by underground power and communication lines. The structure shall not be served by any above-ground power or communication lines, unless otherwise approved by the Public Works Director where underground installation is not feasible.
3. Interim Uses:
Any use where outdoor storage will exceed five hundred (500) square feet or where outdoor storage within fifty feet (50') of a Residentially used or zoned property is not entirely screened from said residential property and public streets or alleys within fifty feet (50') of said residential property.
Columbarium (interior or exterior) as an accessory use to churches, places of worship or religious institutions with a valid conditional use permit and subject to the following conditions:
a. A columbarium is subject to a building permit with a site plan.
b. The religions institution must own the property on which the columbarium is placed.
c. The exterior of the columbaria must be constructed to be consistent with existing building/church architecture.
d. Exterior columbaria shall only be located in a side or rear yard.
e. Columbaria shall have a minimum side yard and rear yard setback of 50 feet.
f. Columbaria height shall not exceed 25 feet (including all spires, etc.) or that of the principal structure, whichever is less.
g. The construction, operation, maintenance, and disposition of a columbarium by the church, place of worship or religious institution will be in accordance with all applicable state statutes and regulations.
h. If church, place of worship or religious institution ceases operation, all urns, and remains must be removed from the property within six months.
Light assembly or light manufacturing.
Other uses of the same general character as permitted or conditional uses listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of the use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare and other nuisance characteristics, pollution potential and other factors that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses:
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements: The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications contained in this chapter:
Lot Size | Lot Width | ||
Interior Lot | Corner Lot | Interior Lot | Corner Lot |
2,000 square feet | 3,000 square feet | 25 feet | 25 feet |
Front Yard Setback | Rear Yard Setback | Side Yard Setback Interior Lot | Side Yard Setback Exterior Lot | |
Principal structure | 0 feet | 10 feet | 0 feet | 0 feet |
Accessory structure | 0 feet | 10 feet | 0 feet | 0 feet |
Maximum height forty feet (40'), except as allowed by conditional use permit.
J. B-2 Noncentral Business District:
1. Permitted Uses:
Any permitted use in the B-1 District, except as limited herein.
Light assembly or light manufacturing.
2. Conditional Uses:
Any use where outdoor storage will exceed ten thousand (10,000) square feet or where outdoor storage within fifty feet (50') of a Residentially used or zoned property is not entirely screened from said residential property and public streets or alleys within fifty feet (50') of said residential property.
3. Interim Uses:
Any other interim use in the B-1 District, except as limited herein.
Cemetery Public or Private as long as the following are met:
a. The minimum area of a cemetery shall be 5 acres unless associated with a house of worship.
b. The site proposed for a cemetery or cemetery expansion shall not interfere with the development of a system of collector or larger streets in the vicinity of the site.
c. Burial plots, grave markers, monuments, and buildings operated in connection with a cemetery must meet the building setbacks and structure height requirements of the underlying zoning district.
d. Graves and structures used for interment shall be set back 50 feet from wells.
e. Cemeteries are prohibited in 100 year flood plain zones.
Crematorium
Other uses of the same general character as permitted or conditional uses listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of the use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare, and other nuisance characteristics, pollution potential and other factors, that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses:
Any use permitted as accessory in the B-1 District as regulated herein.
An exterior columbarium in a legally established cemetery as long as the following are met:
a. Columbarium shall have a minimum side yard and rear yard setback of 50 feet.
b. Columbaria height shall not exceed 25 feet (including all spires, etc.).
c. The construction, operation, maintenance, and disposition of a columbarium will be in accordance with all applicable state statutes, and regulations.
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements:
a. Minimum Requirements: The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications contained in this chapter:
Lot Size | Lot Width | ||
Interior Lot | Corner Lot | Interior Lot | Corner Lot |
10,000 square feet | 10,000 square feet | 75 feet | 75 feet |
Front Yard Setback | Rear Yard Setback | Side Yard Setback Interior Lot | Side Yard Setback Exterior Lot | Side Yard Setback Adjacent To Residential Zoned Property | |
Principal structure | 30 feet | 30 feet | 10 feet | 30 feet | 25 feet |
Accessory structure | 30 feet | 10 feet | 5 feet | 5 feet | 5 feet |
Businesses within a B-2 District may construct an overhead canopy or structure for weather protection, attached or freestanding, as long as the structure maintains a ten foot (10') setback from the street right-of-way line and a twenty foot (20') setback from an adjacent property line. (Ord. 96, 6th Series, eff. 9-5-2017)
b. Height Restrictions: There shall be no height restrictions on buildings in the B-2 District, except that for every foot that a building exceeds thirty feet (30'), an additional foot of setback shall be provided from each property line. (Ord. 5, 7th Series, eff. 1-2-2018)
c. Landscaping For Commercial Uses:
(1) Each site shall have a front yard not less than twenty feet (20') in depth across the entire frontage; this yard shall be landscaped except for necessary driveway and sidewalk needs which shall not exceed one-half (½) the width of the site.
(2) A minimum of five feet (5') of the side yard setback shall be landscaped and maintained as green space along the total length of the side property lines.
(3) All areas shall be landscaped in accordance with a landscaping plan.
K. I-1 Industrial District:
1. Permitted Uses:
Any use permitted in a B Business District.
Manufacturing.
Processing.
Research laboratories/facilities.
Warehousing and storage.
2. Conditional Uses:
Acid manufacture.
Auto wrecking or salvage yard, junkyard, used auto parts and similar uses; provided, that the use is screened by a fence or compact evergreen hedge which is at least fifty percent (50%) opaque and at least six feet (6') high.
Coal, tar, creosote or asphalt processing or distillation.
Commercial stockyards and slaughtering of animals.
Crude oil, gasoline, liquid fertilizer, or other liquid storage tanks containing hazardous, flammable or otherwise potentially dangerous liquids or gases.
Incineration or reduction of waste material other than customarily incidental to a principal use.
Kilns or other heat processes fired by means other than electricity.
Storage, utilization or manufacture of materials or products which could decompose by detonation, including, but not limited to, dynamite, trinitrotoluene (TNT), nitroglycerin, guncotton, blasting caps and cartridge primers.
3. Interim Uses:
Any other interim use in a B Business District.
Other uses of the same general character as permitted or conditional uses listed above, provided they are deemed fitting or compatible to the district by the City Council. In making its determination, the City Council shall consider factors related to the intensity of the use, parking needs, level and type of traffic generated, hours of operation (including loading/unloading times), noise, odor, glare and other nuisance characteristics, pollution potential and other factors that may be relevant to making a determination as to whether a particular use is of the same general character as a permitted or conditional use.
4. Permitted Accessory Uses:
5. Lot Area, Floor Area, Height, Lot Width And Yard Requirements:
a. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications contained in this chapter:
Lot Size | Lot Width | ||
Interior Lot | Corner Lot | Interior Lot | Corner Lot |
24,000 square feet | 24,000 square feet | 100 feet | 100 feet |
Front Yard Setback | Rear Yard Setback | Side Yard Setback Interior Lot | Side Yard Setback Exterior Lot | Side Yard Setback Adjacent To Residential Zoned Property | |
Principal structure | 40 feet | 30 feet | 30 feet | 40 feet | 40 feet |
Accessory structure | 30 feet | 10 feet | 5 feet | 5 feet | 20 feet |
b. There shall be no height restriction on buildings in the I-1 District.
L. Planned Unit Development (PUD) Overlay District:
1. Purpose: The Planned Unit Development (PUD) Overlay District is established to permit a more flexible means of land development and redevelopment so as to promote the public health, safety and general welfare in a manner which promotes goals consistent with the Comprehensive Plan in a manner which is equal to, or greater than, development which would occur under the applicable primary zoning district. Administration and development within an area zoned Planned Unit Development Overlay District shall be by conditional use and subject to the specific standards outlined in subsection 11.07C of this chapter, and such additional performance standards as the City may impose in the review and approval of the development.
M. M Mississippi Headwaters Corridor Overlay District:
1. Purpose; Scope; Applicability:
a. This subsection is intended to control development along the Mississippi River in areas which, prior to their annexation, were subject to the Morrison County Mississippi headwaters ordinance. This subsection is intended to regulate the area of lot, length of lot, width of lot at the water line, setback of structures, sanitary waste treatment systems, structure height, and to protect the quality of the Mississippi River and shorelines, its vegetation, soils, water quality, floodplain areas and geology; and to regulate alterations of the shoreland vegetation and topography; maintain property values and prevent uncontrolled or poorly planned development; maintain property and sustainable development; prevent pollution and overcrowding; protect and conserve the historic, recreational, archaeological, cultural, fish and wildlife resources of the Mississippi River and adjacent lands. The subsection is also intended to comply with Minnesota Statutes section 103F.221, “Municipal Shoreland Management”, as amended from time to time, and regulations promulgated pursuant thereto, and intended to comply with Minnesota Statutes sections 103F.361 to 103F.377, as amended from time to time.
b. Property within the Mississippi Headwaters Corridor Overlay District may also be designated as Planned Unit Development (PUD) Overlay District.
c. In any case where there is a conflict between the requirements of this subsection and the general zoning ordinances of the City, the most restrictive provision shall apply.
2. Compliance With Minnesota Laws And Regulations For Mississippi Headwaters Corridor Overlay District: The use of lands within the Mississippi Headwaters Corridor Overlay District, the size and shape of the lot, the type, dimensions and location of structures on the lot, the installation and maintenance of water supply and waste treatment facilities, the filling, grading, lagooning or dredging of any Mississippi River area, the cutting of shoreland vegetation and the subdivision of lots shall all be in full compliance with the term of this subsection, Minnesota Rules, parts 7080.0010 through 7090.0210, as promulgated by the Minnesota Pollution Control Agency and Minnesota Rules chapter 4720, promulgated by the Minnesota Department of Health, as presently adopted or hereafter amended. The use of shorelands shall be in substantial compliance with Minnesota Rules, chapter 6120, as presently adopted and hereinafter amended. These regulations are hereby adopted and made a part of this subsection by reference.
3. Permitted And Conditional Uses Within Mississippi Headwaters Corridor Overlay District:
a. No structure or land shall be used within lands zoned Mississippi Headwaters Corridor Overlay District, except those uses which are not inconsistent with the uses allowed in the underlying primary zoning district. Uses which are permitted, conditional, interim or accessory uses in the primary zoning district shall likewise be considered permitted, conditional, interim or accessory uses in the Mississippi Headwaters Corridor Overlay District.
4. Building Standards For Mississippi Headwaters Corridor For Lots Of Record In Office Of Morrison County Recorder As Of January 1, 1981, Which Are Less Than One Acre In Area:
a. Minimum Setbacks And Lot Widths For Lots Of Record In The Office Of The Morrison County Recorder As Of January 1, 1981, Within Any Zoning Classification In Mississippi Corridor:
(1) Structure Setback From Ordinary High-Water Mark: One hundred feet (100').
(2) Structure Setback From Top Of Bluff: Thirty feet (30'), unless a greater setback is imposed by the Minnesota Department of Natural Resources.
(3) Maximum Structure Height, Except For Churches: Thirty five feet (35').
(4) Lot Width Standards: The lot width standards for single, duplex, triplex, and quad residential developments are:
No Municipal Sewer | Municipal Sewer | |
Single | 150 feet | 150 feet |
Duplex | 150 feet | 150 feet |
Triplex | 200 feet | 150 feet |
Quad | 250 feet | 190 feet |
(5) Annexed Property: Annexed property shall be serviced by Municipal sewer as soon as practical.
(6) Conflict: Where there is a conflict between setbacks in this section, the most restrictive setback shall control.
b. Conditional Use Permits For Substandard Lots Of Record As Of January 1, 1981, In Any Zoning District In Mississippi Headwaters Corridor Overlay District: Lots of record in the Office of the Morrison County Recorder as of January 1, 1981, which do not meet the requirements of this subsection, may be allowed as building sites: if the use is allowed within the zoning district; the lot has been in separate ownership from abutting lands at all times since January 1, 1981; was created compliant with official controls in effect at the time; and sewage treatment and setback requirements of shoreland control were met. If, in a group of two (2) or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this section, the lot must not be considered as a separate parcel of land for the 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 requirements of this section. Additions to structures on substandard lots of record in the Office of the Morrison County Recorder as of January 1, 1981, may be permitted under a conditional use permit. Substandard lots may be used as a building site under a conditional use permit. In granting the conditional use permit, the City Council shall consider whether any detrimental impacts to water quality and the environment can be mitigated. In considering mitigation, the City Council shall consider such factors as the direction of gutters to storm sewers or away from the river, limitation of direct drainage into the Mississippi River, side yard plantings, reduction of tree removal, correction of a failing sewage system, preparation of a natural landscape protection plan, preparation of a stormwater management plan, decrease in impervious area on site, shoreline maintenance pursuant to a plan approved by the Department of Natural Resources or plantings approved by the Department of Natural Resources to improve fish or wildlife habitat. In granting a conditional use permit, a primary consideration shall be maximization of structure setback from the ordinary high-water mark and connection with Municipal sewer and water service.
c. Minimum Standards For New Plats Or Subdivision Of Existing Lots Of Record In The Office Of The Morrison County Recorder As Of January 1, 1981:
(1) Minimum Lot Size: The minimum lot size for a new plat or subdivision of an existing lot of record in the Office of the Morrison County Recorder as of January 1, 1981, other than for a planned unit development shall be one acre, excluding wetlands.
(2) Clustering And Planned Unit Development: The minimum lot size for new construction planned unit development shall be one principal use allowed per 0.75 acres, consistent with the zoning district. Planned unit developments shall emphasize clustering of development and preservation of natural areas to preserve the quality of the Mississippi River.
(3) Setbacks, Lot Widths And Structure Heights:
(A) Structure Setback From Top Of Bluff: Thirty feet (30'), unless a greater setback is imposed by the Minnesota Department of Natural Resources.
(B) Maximum Structure Height, Except For Churches: Twenty five feet (25').
(C) Lot Width Standards: The lot width standards for single, duplex, triplex, and quad residential developments are:
Municipal Sewer | |
Single | 150 feet |
Duplex | 150 feet |
Triplex | 150 feet |
Quad | 190 feet |
(D) New Developments: New developments shall be serviced by Municipal sewer.
(E) Setback Conflicts: Where there is a conflict between setbacks in this section, the most restrictive setback shall control.
(4) Landscape Protection And Stormwater Management: A natural landscape protection plan and stormwater management plan must be prepared and approved in connection with any new development.
d. Minimum Standards For Mississippi Headwaters Corridor Overlay District:
(1) Natural Landscape Protection Plan: Before issuing a permit for expansion of a structure or new construction, a natural landscape protection plan shall be submitted to and approved by the City in compliance with this subsection.
(2) Significant Cultural Sites:
(A) Unplatted Cemetery: No structure shall be placed nearer than fifty feet (50') from the boundary of an unplatted cemetery protected under Minnesota Statutes 307.08, as amended for time to time, unless approval is obtained from the City or from the State Archaeologist Office.
(B) Significant Cultural Sites: No structure shall be placed on a significant cultural site in a manner that affects the value of the site, unless adequate information about the site has been recovered and documented in a public repository as determined by the City.
(C) Review For Presence Of Significant Cultural Sites: All zoning actions within the Mississippi Headwaters Corridor Overlay District will be reviewed for the presence of significant cultural sites.
(D) Notice Of Development Near Sites: Thirty (30) days’ notice will be made to the State Archaeologist Office of pending development on or near significant cultural sites.
(3) Bluff Impact Zone: Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
(4) Steep Slopes: Before issuing a permit for the construction of roads, driveways, structures or other improvements on steep slopes, the slope must be evaluated for possible soil erosion impacts and development visibility from public waters. If necessary, the City shall impose conditions to prevent erosion, preserve existing vegetative screening of structures, assuming summer, leaf-on vegetation. No excavation shall be made between the building line and the water.
(5) Stairways, Lifts And Landings:
(A) Stairway And Lift Width: Stairways and lifts shall not exceed four feet (4') in width on residential lots. Wider stairways may be used for resort properties, public open space, recreational properties and planned unit developments.
(B) Landing Area: Landings for stairways and lifts on residential lots must not exceed thirty two (32) square feet in area.
(C) Construction Requirements: Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
(D) Visibility Minimized: Stairways, lifts and landings must be located to minimize visibility from the public water, assuming summer, leaf-on conditions.
(E) Canopies Or Roofs: Canopies or roofs are not allowed on stairways, lifts or landings.
(F) Access Facilities: Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas; provided that dimensional and performance standards are complied with.
(6) Decks: Decks not meeting the minimum structure setback requirement existing on January 1, 1981, may be added to, provided the following criteria are met:
(A) The deck encroachment toward the ordinary high-water level does not exceed fifteen percent (15%) of the existing shoreline setback from the ordinary high-water level, or does not encroach closer than thirty feet (30'), whichever is more restrictive; and
(B) The deck is constructed primarily of untreated wood and is not roofed or screened.
(7) Commercial And Industrial Uses:
(A) No new commercial, business or industrial uses shall be permitted within any Mississippi Headwaters Corridor Overlay District, except for home occupations permitted by conditional use permit, and congregate living or foster care homes permitted by law.
(B) Nonconforming commercial, business or industrial uses in existence prior to their incorporation into any Mississippi Headwaters Corridor Overlay District may be continued. No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity, except by conditional use permit. In granting the conditional use permit, the City Council shall consider whether any detrimental impacts to water quality and the environment can be mitigated. In considering mitigation, the City Council shall consider such factors as the direction of gutters to storm sewers, limitation of direct drainage into the Mississippi River, side yard plantings, reduction of tree removal, correction of a failing sewage system, decrease in impervious area on site, shoreline maintenance pursuant to a plat approved by the Department of Natural Resources or plantings, approved by the Department of Natural Resources to improve fish or wildlife habitat.
(8) Municipal Services City Code Provisions: All lands within any Mississippi Headwaters Corridor Overlay District shall be subject to the provisions of this Code relating to the public water service and public sewerage service shall be serviced by public water service and public sewerage service as soon as reasonably practical.
(9) Docks: Docks may be built in compliance with the Minnesota Department of Natural Resources regulations.
5. Natural Landscape Protection Plan:
a. Requirement: If necessary to protect water quality and prevent shoreline erosion and agreed to by the property owner, and the Morrison County Soil and Water Conservation District staff, a natural landscape protection plan shall be completed and reviewed, consistent with the provisions of this subsection.
b. Purpose: The purpose of a natural landscape protection plan is to:
(1) Retain or recreate original hydrologic conditions by minimizing use of pavements and impervious surfaces and retaining original runoff volume and velocities;
(2) Confine development and construction activities to the least critical areas by avoiding critical areas such as long, steep slopes, erodible soils, and fragile vegetation;
(3) Fit development to terrain;
(4) Preserve and utilize the natural drainage system; and
(5) Maintain a minimum twenty five foot (25') chemically untreated vegetative buffer zone at the water’s edge, as required in this section.
Alteration of vegetation and topography should be limited to prevention of erosion into public waters, fixation of nutrients, stabilization of shorelines, preservation of historic, archeological or cultural values, prevention of bank slumping, protection of fish and wildlife habitat and conservation of natural resources.
The landscape plan should be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
c. Issues To Be Addressed: In achieving its purpose, the natural landscape protection plan shall address the following issues:
(1) Topography: A topographic map showing the existing contour elevations at intervals of two feet (2') is the basis of the natural landscape protection plan. It is important to note slope steepness and slope length on this map. The longer and the steeper the slope, the greater the erosion potential;
(2) Drainage Patterns: Locate and clearly mark all existing drainage swales and patterns on the topographic map. Consider where water will concentrate on the property. Natural drainage areas are overland flows, depressions, swales and natural watercourses. The natural drainage should be used to convey runoff on and off the site, but increase runoff should be limited so erosion does not occur;
(3) Soils: Determine and show major soil types on the topographic map. Plot directly on the map at the same scale for ease of interpretation. Soil types should be evaluated for potential for flood hazard, natural drainage, depth to seasonal water table, permeability, shrink-swell potential, texture and erodibility;
(4) Ground Cover: Show the existing vegetation on the topographic map. Features such as tree clusters, grassy areas and unique vegetation should be shown on the map. Any denuded or exposed soil areas should also be shown on the topographic map. If at all possible, existing vegetation should be maintained to minimize erosion. If existing vegetation cannot be maintained then construction should be staged (1 site completed before the second is begun) to minimize erosion. Alternatives are temporary seeding, mulching or temporary structure controls, such as settling basins, silt fences or bale dams. A vegetative buffer of natural grasses, shrubs and trees should be maintained for at least twenty five feet (25') at the water’s edge. This buffer zone helps protect water quality, provide habitat for wildlife and maintains the natural aesthetics of the shoreline; and
(5) Adjacent Areas: Delineate areas adjacent to the site on the topographic map. Such features as streams, roads, houses or other buildings and wooded areas should be shown. Streams which will receive runoff from the site should be noted. Consider the potential for increased runoff during the construction and where the runoff will go.
6. Accessory Uses Within Mississippi Headwaters Corridor Overlay District: All accessory uses must meet or exceed structure setback standards. The term “accessory uses”, as used herein, does not include stairways, lifts and docks. Each residential lot may have one water oriented accessory use if all of the following standards are met:
a. The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails. The structure or facility cannot occupy an area greater than two hundred fifty (250) square feet.
b. The setback of the structure or facility from the ordinary high-water mark shall not be less than the setback of the primary building, except by conditional use permit.
c. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means.
d. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
e. The accessory use must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
7. Stormwater Management Plans In Mississippi Headwaters Corridor Overlay District:
a. Consideration: Proper stormwater management must be considered in all reviews, approvals and permits related to this section. A stormwater management plan shall be submitted with any application.
b. Review Provisions: The following provisions shall be considered in reviewing proper stormwater management:
(1) Natural Features To Be Used: Existing natural drainageways, wetlands and vegetated soils must be used to convey, store, filter and retain stormwater runoff before discharge to public waters.
(2) Constructed Facilities May Be Used: When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and manmade materials and facilities.
(3) Minimize Disturbance: Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on site.
(4) New Development Or Expanded Development: New development must meet the following standards.
(A) Impervious surface coverage of the lot must not exceed twenty five percent (25%) of total area;
(B) Facilities constructed for stormwater management must be consistent with the Field Office Technical Guide of the Morrison County Soil and Water Conservation District;
(C) Stormwater outfalls to the Mississippi River must provide for filtering or settling of suspended solids and skimming of surface debris before discharge; and
(D) A natural landscape protection site plan must be prepared to guide construction and lot development in accordance with this section.
8. Shoreland Alteration Within Mississippi Headwaters Corridor Overlay District:
a. Purpose: Alterations of vegetation and topography will be regulated to prevent erosion to public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, preserve a corridor for movement of wildlife, protect fish and wildlife habitat, conserve cultural resources and to preserve the scenic and aesthetic character of the shoreland within the Mississippi Headwaters Corridor Overlay District.
b. Vegetative Management Provisions:
(1) Intensive Vegetation Clearing: Intensive vegetation clearing within the setback and bluff impact zones and on steep slopes is not allowed.
(2) Limited Clearing: In setback areas and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways, landings and access paths; provided that:
(A) The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is maintained; and
(B) Shading of the water surface is maintained; and
(C) The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased, or pose safety hazards.
(3) Shoreland Alteration: Shoreland alteration should avoid negative impacts, such as use of steep slopes; increased soil erosion; development visibility; preservation of existing vegetative screening from the Mississippi River, assuming summer, leaf-on conditions; avoidance of wetlands; avoidance of excavation between the building line and the Mississippi River, avoidance of intensive vegetative clearing within the setback; shading of water surfaces should be maintained or enhanced; limitation of impermeable material to no more than twenty five percent (25%) of the building site; management of long lived species along the river front shall be directed toward promotion of large sized trees by using rotations based on biological age rather than economic age; cutting shall be conducted in compliance with a natural landscape protection plan and Best Management Practices.
9. Grading, Filling, Alterations In Bed Of Public Waters Within The Mississippi Headwaters Corridor Overlay District:
a. Permit Required: Any grading or filling work done within the Mississippi Headwaters Corridor Overlay District, controlled by this subsection, shall require a permit and shall comply with the following:
(1) Grading and filling of the natural topography which is not accessory to a permitted or conditional use may be permitted if consistent with the Natural Landscape Protection Plan;
(2) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit. A grading and filling permit may be issued only if the following conditions of subsection M9b of this section are met. Grading and filling shall be performed in a manner which minimizes earthmoving, erosion, stormwater runoff, tree clearing and the destruction of natural amenities. Excavation on lots abutting the Mississippi River shall not be permitted between the building line and the ordinary high-water mark.
b. Standards: Grading and filling of the natural topography shall also meet the following standards:
(1) The smallest amount of bare ground is exposed for as short a time as feasible;
(2) Temporary ground cover, such as mulch, is used until a permanent ground cover, such as sod, is planted;
(3) Methods to prevent erosion and to trap sediment are employed;
(4) Fill is stabilized to accepted engineering standards;
(5) Fill or excavated material is not placed in a manner that creates an unstable slope;
(6) Plans to place fill or excavated materials on steep slopes is reviewed by a licensed engineer for continued slope stability and in no case, may create finished slopes of thirty percent (30%) or greater;
(7) Fill or excavated materials are not placed in bluff impact zones;
(8) Disturbed areas are restored in the same building season.
c. Altering Current Or Cross Section Of Public Waters: Excavation of material from filling in construction of any permanent structures or navigational obstructions, or any work that will change or diminish the course, current or cross section of the Mississippi River is prohibited, unless authorized by a permit from the Commissioner of Natural Resources or the Army Corps of Engineers.
d. Drainage Or Filling Of Wetlands: Drainage or filling in of wetland is not allowed within the Mississippi Headwaters Corridor Overlay District under this section, except by conditional use permit, and upon notification to and approval by the Morrison County Soil and Water Conservation District.
N. Performance Standards And Special Provisions: All permitted uses, conditional uses and accessory uses in the residential districts, the business districts and the Industrial District shall also meet all of the requirements of sections 11.06 and 11.07 of this chapter. (Ord. 96, 6th Series, eff. 9-5-2017;amd. Ord. 5, 7th Series, eff. 1-2-2018; Ord. 25, 7th Series, eff. 6-14-2021; Ord. 31, 7th Series, eff. 5-9-2022; Ord. 32, 7th Series, eff. 8-22-2022)