The zoning districts are so designed to assist in carrying out the intents and purposes of the comprehensive plan and are based upon the comprehensive plan which has the purpose of protecting the public health, safety, convenience and general welfare. For the purpose of this chapter, the city is hereby divided into the following zoning districts.
Symbols | Names |
Symbols | Names |
Single-Family Detached Residential (large lots) | |
Single-Family Detached Residential (medium lots) | |
Single-Family Detached Residential | |
Single-Family Detached and Duplex Residential | |
Townhouse and 4-plexes | |
Medium Density Residential | |
Rural Residential | |
Limited Business | |
Highway Business | |
Central Business | |
Light Industrial | |
Medium Industrial | |
Parks and Open Space | |
Public Facilities and Government | |
Planned Unit Development District (see Ch. 154 for PUD regulations) | |
District use regulations - residential.
(1) Purpose. The R-1 district is designed to provide for single-family neighborhoods that are intended to preserve the character of a small town atmosphere that are connected to public sewer and water systems.
(2) Permitted uses.
(a) Group family daycare facility licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 serving 14 or fewer children.
(b) Licensed in-home residential care facility for six or fewer persons.
(c) Licensed day-care facility for 12 or fewer persons. Unlicensed facilities subject to the requirements of customary home occupations in § 153.073.
(d) Public parks and playgrounds.
(e) Public and semi-public buildings.
(f) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(g) Single-family detached dwelling.
(h) Model homes; an administrative permit is required.
(3) Permitted accessory uses.
(a) Accessory structures and private garages.
(b) Fences.
(c) Gardening or other horticultural use where no sale of products is conducted on the site.
(d) Gazebos and screened porches.
(e) Home occupations if all criteria is met
(f) Landscaping and decorative features.
(g) Off-street parking.
(h) Private play equipment.
(i) Private swimming pool.
(j) Roomers, a maximum of two per dwelling unit.
(k) Satellite dishes and solar collectors.
(l) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(m) Yard sales, provided that each sales event runs from Thursday at 8:00 a.m. to the following Sunday at 8:00 p.m. and there are no more than four sales per year.
(n) Hobby beekeeping, as regulated by city policy and best practices.
(4) Conditional uses.
(a) Any house or other principal structure moved onto a lot.
(b) Cemeteries.
(c) Churches or places of worship.
(d) Educational institutions or facilities.
(e) Licensed in-home residential care facility for six or more persons.
(f) Licensed day-care facility for 12 or more persons.
(g) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(5) Interim uses. Information/sales centers; an interim use permit is required.
(6) Minimum lot requirements and setbacks.
(a) Minimum lot area: 18,000 square feet
(b) Minimum floor area/dwelling unit: 960 square feet
(c) Minimum lot frontage: 100 feet
(d) Minimum lot depth: 150 feet
(e) Maximum lot coverage: 30%
(f) Maximum height: principal: 40 feet, accessory: 20 feet
(g) Minimum front setback: 35 feet
(h) Minimum rear setback: 30 feet
(i) Minimum side yard setback: 15 feet; corner lot: 35 feet
(j) The depth of the front yard of a lot shall be 30 feet deep unless the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 30 feet, then the required front yards shall be the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 30 feet.
(k) A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of this section, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet and the existing side yard is at least five feet.
(1) Purpose. The R-1A district is designed to provide for single-family neighborhoods that are intended to preserve the character of a small town atmosphere that are connected to public sewer and water systems.
(2) Permitted uses. Permitted uses in the R-lA district are as follows:
(a) Agricultural uses limited to the raising of crops and forestry limited to unplatted or outlotted property.
(b) Group family daycare facility licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 serving 14 or fewer children.
(c) Licensed in-home residential care facility for six or fewer persons.
(d) Licensed day-care facility for 12 or fewer persons. Unlicensed facilities subject to the requirements of customary home occupations in § 153.073.
(e) Public parks and playgrounds.
(f) Public and semi-public buildings.
(g) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(h) Single-family detached dwelling.
(i) Model homes; an administrative permit is required.
(3) Permitted accessory uses.
(a) Accessory structures and private garages.
(b) Fences.
(c) Gardening or other horticultural use where no sale of products is conducted on the site.
(d) Gazebos and screened porches.
(e) Home occupations if all criteria is met.
(f) Landscaping and decorative features.
(g) Off-street parking.
(h) Private play equipment.
(i) Private swimming pool.
(j) Roomers, a maximum of two per dwelling unit.
(k) Satellite dishes and solar collectors.
(l) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(m) Yard sales, provided that each sales event runs from Thursday at 8:00 a.m. to the following Sunday at 8:00 p.m. and there are no more than four sales per year.
(n) Hobby beekeeping, as regulated by city policy and best practices.
(4) Conditional uses.
(a) Any house or other principal structure moved onto a lot.
(b) Cemeteries.
(c) Churches or places of worship.
(d) Educational institutions or facilities.
(e) Licensed in-home residential care facility for six or more persons.
(f) Licensed day-care facility for 12 or more persons.
(g) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(5) Interim uses. Information/sales centers; an interim use permit is required.
(6) Minimum lot requirements and setbacks.
(a) Minimum lot area: 11,000 square feet
(b) Minimum floor area/dwelling unit: 960 square feet
(c) Minimum lot frontage: 80 feet
(d) Minimum lot depth: 125 feet
(e) Maximum lot coverage: 45%
(f) Maximum height: principal: 40 feet, accessory: 20 feet
(g) Minimum front setback: 30 feet
(h) Minimum rear setback: 20 feet
(i) Minimum side yard setback: 10 feet; corner lot: 30 feet
(j) The depth of the front yard of a lot shall be 30 feet deep unless the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 30 feet, then the required front yards shall be the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 30 feet.
(k) A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of this section, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet and the existing side yard is at least five feet.
(1) Purpose. The R-2 district is designed to provide single-family detached urban lots and also allow attached single-family and two-family dwellings as conditional uses, all of which are connected to public sewer and water systems.
(2) Permitted uses.
(a) Agricultural uses limited to the raising of crops and forestry limited to unplatted or outlotted property.
(b) Group family daycare facility licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 serving 14 or fewer children.
(c) Licensed in-home residential care facility for six or fewer persons.
(d) Licensed day-care facility for 12 or fewer persons. Unlicensed facilities subject to the requirements of customary home occupations in § 153.073.
(e) Public parks and playgrounds.
(f) Public and semi-public buildings.
(g) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(h) Single-family detached dwelling.
(i) Model homes; an administrative permit is required.
(3) Permitted accessory uses.
(a) Accessory structures and private garages.
(b) Fences.
(c) Gardening or other horticultural use where no sale of products is conducted on the site.
(d) Farmer’s market or Christmas tree sales when located on property owned by churches or places of worship.
(e) Gazebos and screened porches.
(f) Home occupations if all criteria is met.
(g) Landscaping and decorative features.
(h) Off-street parking.
(i) Private play equipment.
(j) Private swimming pool.
(k) Roomers, a maximum of two per dwelling unit.
(l) Satellite dishes and solar collectors.
(m) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(n) Yard sales, provided that each sales event runs from Thursday at 8:00 a.m. to the following Sunday at 8:00 p.m. and there are no more than four sales per year.
(o) Hobby beekeeping, as regulated by city policy and best practices.
(4) Conditional uses.
(a) Any house or other principal structure moved onto a lot.
(b) Attached single-family dwellings.
(c) Cemeteries.
(d) Churches or places of worship.
(e) Educational institutions or facilities.
(f) Licensed in-home residential care facility for six or more persons.
(g) Licensed day-care facility for 12 or more persons.
(h) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(i) Two family dwellings (duplex).
(5) Interim uses. Information/sales centers; an interim use permit is required.
(6) Minimum lot requirements and setbacks.
(a) Minimum lot area:
Single-family detached: 10,000 square feet
Single-family attached/duplex: 12,000 square feet
(b) Minimum floor area/dwelling unit:
Single-family detached: 960 square feet
Single-family attached/duplex: 800 square feet
(c) Minimum lot frontage:
Single-family detached: 75 feet
Single-family attached/duplex: 80 feet
(d) Minimum lot depth: 130 feet
(e) Maximum lot coverage: 45%
(f) Maximum height: principal: 40 feet, accessory: 20 feet
(g) Minimum front setback: 30 feet
(h) Minimum rear setback: 20 feet
(i) Minimum side yard setback: 10 feet; corner lot: 30 feet
(j) The depth of the front yard of a lot shall be 30 feet deep unless the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 30 feet, then the required front yards shall be the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 30 feet.
(k) A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of this section, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet and the existing side yard is at least five feet.
(1) Purpose. The R-2A district is designed to provide detached single-family urban lots, attached single-family and two-family dwellings or duplex as permitted uses, all of which shall be connected to public sewer and water systems.
(2) Permitted uses.
(a) Agricultural uses limited to the raising of crops and forestry.
(b) Attached single-family dwellings.
(c) Group family daycare facility licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 serving 14 or fewer children.
(d) Licensed in-home residential care facility for six or fewer persons.
(e) Licensed day-care facility for 12 or fewer persons. Unlicensed facilities subject to the requirements of customary home occupations in § 153.073.
(f) Public parks and playgrounds.
(g) Public and semi-public buildings.
(h) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(i) Single-family detached dwelling.
(j) Two-family dwellings (duplex).
(k) Model homes; an administrative permit is required.
(3) Permitted accessory uses.
(a) Accessory structures and private garages.
(b) Fences.
(c) Gardening or other horticultural use where no sale of products is conducted on the site.
(d) Gazebos and screened porches.
(e) Home occupations if all criteria is met.
(f) Landscaping and decorative features.
(g) Off-street parking.
(h) Private play equipment.
(i) Private swimming pool.
(j) Roomers, a maximum of two per dwelling unit.
(k) Satellite dishes and solar collectors.
(l) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(m) Yard sales, provided that each sales event runs from Thursday at 8:00 a.m. to the following Sunday at 8:00 p.m. and there are no more than four sales per year.
(4) Conditional uses.
(a) Any house or other principal structure moved onto a lot.
(b) Cemeteries.
(c) Churches or places of worship.
(d) Educational institutions or facilities.
(e) Licensed in-home residential care facility for six or more persons.
(f) Licensed day-care facility for 12 or more persons.
(g) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(5) Interim use. Information/sales centers; an interim use permit is required.
(6) Minimum lot requirements and setbacks.
(a) Minimum lot area.
Single-family detached: 10,000 square feet
Single-family attached/duplex: 12,000 square feet
(b) Minimum floor area/dwelling unit:
Single-family detached: 960 square feet
Single-family attached/duplex: 800 square feet
(c) Minimum lot frontage:
Single-family detached: 75 feet
Single-family attached/duplex: 80 feet
(d) Minimum lot depth: 130 feet
(e) Maximum lot coverage: 45%
(f) Maximum height: principal: 40 feet, accessory: 20 feet
(g) Minimum front setback: 30 feet
(h) Minimum rear setback: 20 feet
(i) Minimum side yard setback: 10 feet; corner lot: 30 feet
(j) The depth of the front yard of a lot shall be 30 feet deep unless the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 30 feet, then the required front yards shall be the average depth of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be required to exceed 30 feet.
(k) A single-family house which legally existed or for which a valid building permit had been granted on or before the effective date of this chapter, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than ten feet and the existing side yard is at least five feet.
(1) Purpose. The R-3 district is designed to provide for areas that are capable of supporting multiple-family dwellings in terms of public utilities and services, and thereby allowing for a variety of housing types in greater densities of up to ten dwelling units/acre.
(2) Permitted uses.
(a) 4-plexes.
(b) Attached single-family.
(c) Public parks and playgrounds.
(d) Public and semi-public buildings.
(e) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(f) Townhomes.
(g) Model homes; an administrative permit is required.
(3) Permitted accessory uses.
(a) Common garages.
(b) Fences.
(c) Gardening or other horticultural use where no sale of products is conducted on the site.
(d) Gazebos and screened porches.
(e) Home occupations if all criteria is met.
(f) Landscaping and decorative features.
(g) Off-street parking.
(h) Private play equipment.
(i) Private swimming pool.
(j) Recreational rooms and rental offices.
(k) Roomers, a maximum of two per dwelling unit.
(l) Satellite dishes and solar collectors.
(m) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(n) Yard sales, provided that each sales event runs from Thursday at 8:00 a.m. to the following Sunday at 8:00 p.m. and there are no more than four sales per year.
(4) Conditional uses.
(a) Any house or other principal structure moved onto a lot.
(b) Cemeteries.
(c) Churches or places of worship.
(d) Educational institutions or facilities.
(e) Licensed in-home residential care facility for six or less persons.
(f) Licensed day-care facility for 12 or less persons.
(g) Manufactured home park.
(h) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(i) Single-family detached dwellings.
(5) Interim use. Information/sales centers; an interim use permit is required.
(6) Minimum lot requirements and setbacks.
(a) Minimum lot area: 3,500 square feet per dwelling unit
(b) Minimum lot depth: 80 feet
(c) Maximum lot coverage: 60%
(d) Maximum height: principal: 40 feet, accessory: 20 feet
(e) Minimum front setback: 25 feet
(f) Minimum rear setback: 30 feet
(g) Minimum side yard setback; attached dwelling units: ten feet
(h) Minimum side yard setback; detached single-family dwellings: five feet
(i) Minimum side yard setback; corner lot: 25 feet.
(1) Purpose. The R-4 district is designed to provide for areas that are equipped with sufficient capacity of utilities to support higher densities and thereby allowing for a variety of housing types in greater densities of up to 20 dwelling units/acre.
(2) Permitted uses.
(a) Agricultural uses limited to the raising of crops and forestry.
(b) Apartments.
(c) Assisted living care facilities.
(d) Public parks and playgrounds.
(e) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(f) Townhouses and multi-family units.
(3) Permitted accessory uses.
(a) Common garages.
(b) Gazebos and screened porches.
(c) Play equipment.
(d) Recreational rooms and rental offices.
(e) Satellite dishes and solar collectors.
(f) Swimming pools.
(g) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(4) Conditional uses.
(a) Any house or other principal structure moved onto a lot.
(b) Cemeteries.
(c) Churches or places of worship.
(d) Educational institutions or facilities.
(e) Manufactured home park.
(f) Nursing and retirement homes.
(g) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(5) Minimum lot requirements and setbacks.
(a) Minimum lot area: 1,400 square feet per dwelling unit
(b) Maximum lot coverage: 70%
(c) Maximum height: principal: 45 feet, accessory: 20 feet
(d) Minimum front setback: 25 feet
(e) Minimum rear setback: 25 feet
(f) Minimum side yard setback: 25 feet; corner lot: 25 feet
(1) Purpose. The RR district is designed to provide for a large lot rural residential lifestyle, which is separate from and not in conflict, which commercial agricultural activities. Within these districts, public sewer and water systems are not available and will require on-site facilities until such time public sewer and other utilities are available.
(2) Permitted uses. Permitted uses in the RR district are as follows:
(a) Agricultural uses limited to the raising of crops and forestry limited to unplatted or outlotted property.
(b) Group family daycare facility licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 serving 14 or fewer children.
(c) Licensed in-home residential care facility for six or fewer persons.
(d) Licensed day-care facility for 12 or fewer persons. Unlicensed facilities subject to the requirements of customary home occupations in § 153.073.
(e) Public parks and playgrounds.
(f) Public and semi-public buildings.
(g) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(h) Single-family detached dwelling.
(3) Permitted accessory uses.
(a) Accessory structures and private garages.
(b) Fences.
(c) Gardening or other horticultural use where no sale of products is conducted on the site.
(d) Gazebos and screened porches.
(e) Home occupations if all criteria is met.
(f) Landscaping and decorative features.
(g) Off-street parking.
(h) Private play equipment.
(i) Private swimming pool.
(j) Roomers, a maximum of two per dwelling unit.
(k) Satellite dishes and solar collectors.
(l) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(m) Yard sales, provided that each sales event runs from Thursday at 8:00 a.m. to the following Sunday at 8:00 p.m. and there are no more than four sales per year.
(4) Conditional uses.
(a) Cemeteries.
(b) Churches or places of worship.
(c) Educational institutions or facilities.
(d) Kennels.
(e) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or exceeds the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(5) Minimum lot requirements and setbacks.
(a) Minimum lot area: 1.5 acres
(b) Minimum floor area/dwelling unit: 960 square feet
(c) Minimum lot frontage: 150 feet
(d) Minimum lot depth: 150 feet
(e) Minimum lot coverage: 30%
(f) Maximum height: principal: 40 feet, accessory: 20 feet
(g) Minimum front setback: 50 feet
(h) Minimum rear setback: 50 feet
(i) Minimum side yard setback: 25 feet
(1) Purpose. The B-1 district is intended to allow areas for the development of limited business such as professional offices, clinics, and other similar uses that are compatible with residential neighborhoods. The district may be used as a transitional or buffer district between residential and commercial uses. The office uses allowed in this district are those in which there is limited contact with the public and no manufacturing and exterior display, or selling of merchandise to the general public is allowed. Although not in compliance with the designated uses for the B-1 District, documented legal nonconforming uses with a CUP, located on parcels that have been re-zoned or permitted prior to this adoption, shall be given reasonable consideration when a request is made to amend the CUP, to permit viable operation of the use (such as single-family homes, car wash, feed mill and bank).
(2) Definitions.
CLINIC. A building in which a group of physicians, dentists, and/or allied professional assistants are associated for carrying on their profession. The CLINIC may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.
CLUB AND LODGES, PRIVATE. An association of persons who are bona fide members paying annual dues, which owns, hires or leases the building, property or a portion thereof; the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on the premises, provided adequate facilities are available.
DAY CARE CENTERS, LICENSED. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or development guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the client's own home. LICENSED DAY CARE FACILITIES include but are not limited to family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, development achievement centers, and adult daycare centers.
DRIVE-THROUGH. Any restaurant, financial institution, product- or service-vending enterprise where business is transacted through a window or other mechanical device with a patron who is in a vehicle.
FINANCIAL INSTITUTIONS. A financial institution is a commercial banking establishment or savings and loan association chartered by the State of Minnesota or the United States.
FUNERAL HOME. A building that provides facilities for funerals; a chapel for funeral services; rooms for viewing the remains in caskets (slumber rooms, reposing rooms, viewing rooms, visitation rooms) before final services or cremation; rooms for preparation of bodies (embalming, cosmetic treatment and clothing of the deceased); displayed rooms and storage for caskets; garages for hearses and other equipment; and administrative offices. A FUNERAL HOME may include living quarters for the funeral director/owner.
HEALTH AND RECREATIONAL CLUBS. A building with the primary purpose of offering one or more facilities for instruction, training, encouragement, or assistance in physical fitness, in return for the payment of a fee entitling the member to the use of the facilities.
OFF-SALE. Retail sale in the original package of any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items, as part of a commercial transaction from the municipal liquor store for consumption away from the dispensary.
ON-SALES. A building with facilities for serving any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items and short order foods.
PERSONAL SERVICES. Uses such as laundromats, barbershops or beauty salons, spas and photography studios.
PHARMACY. Retail sale of any pharmaceuticals or other similar items wherein the merchandise is exhibited or sold.
PLACES OF WORSHIP. A church, synagogue, temple, mosque, or other facility that is used for worship by persons of similar beliefs, or a special purpose building that is designed or particularly adapted for the primary use of conducting on a regular basis, religious services and associated accessory uses by a religious congregation and which building together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
PROFESSIONAL AND BUSINESS OFFICE AND SERVICES. A building in which professional and management duties and services are carried out, including psychiatrists and psychologists' offices; architectural, engineering, planning, legal offices, and photographic studios and businesses of a non-retail nature and clerical services and duties are carried out, including, corporate banks, credit unions, insurance and real estate offices.
PUBLIC BUILDINGS. Buildings or structures owned and operated by the city.
PUBLIC PARKS AND PLAYGROUNDS. Includes all uses such as tennis courts, ballfields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
RESTAURANTS, STANDARD. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics:
1. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed;
2. A cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
RETAIL SHOPS AND SERVICES. Stores and shops selling personal services or goods for final consumption or the provision of services to the general public that produce minimal off-site impacts.
SCHOOLS. A building with equipment, courses of study, class schedules, enrollment of pupils ordinarily in pre-kindergarten through grade 12 or any portion thereof, and staff meeting the standards established by the Commissioner of Education.
SINGLE-FAMILY DETACHED RESIDENTIAL. A detached dwelling containing one dwelling unit designed for occupancy by one family.
(3) Special requirements. All applications for building permits (in the case of new construction or expansion or certificates of occupancy (in the case of existing facilities) for improvements within the B-1 District shall be subject to submission of complete building plans, including landscape designs for any side or rear yard fencing a residential district to the Planning Commission. The Planning Commission shall review and approve before a building permit and certificate of occupancy may be issued. The landscape design must identify and size all plants and screenings. Within 60 days of submission of such plans and designs, the Planning Commission shall recommend approval or disapproval of such plans and designs to the City Council, which shall make the final determination as to approval or disapproval.
(4) Permitted uses.
(a) Clinic.
(b) Club and lodges.
(c) Day care centers, licensed.
(d) Financial institutions without drive-through facilities including automated kiosks.
(e) Funeral home.
(f) Off-sales.
(g) Personal services.
(h) Pharmacy.
(i) Places of worship.
(j) Professional and business office and services.
(k) Public buildings.
(l) Public parks and playgrounds.
(m) Schools.
(n) Multi-tenant buildings provided that the uses are specified as permitted uses in the B-1 District.
(o) Retail shops.
(5) Permitted accessory uses.
(a) Accessory structures, private garages.
(b) Fences.
(c) Landscaping and decorative features.
(d) Off-street loading.
(e) Off-street parking.
(f) Signs.
(g) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(6) Conditional uses.
(a) Grain elevators, grain storage structures and feed mills, provided the following requirements are met:
1. The maximum height may be extended for the following associated structures and apparatuses:
a. Grain leg distributor towers and spouting: 150 feet.
b. Grain storage structures and elevator buildings: 100 feet.
(b) Financial institutions with drive-through facilities including automated kiosks.
(c) Health and recreational clubs.
(d) Multi-tenant buildings provided that the uses are specified as permitted or conditional uses in the B-1 District.
(e) On-sales.
(f) Restaurants, standard excluding drive-through facilities.
(g) Single-family detached residential.
(7) Minimum lot requirements and setbacks.
(a) Minimum lot depth: 75 feet.
(b) Maximum lot coverage: 80%.
(c) Maximum height, principal and accessory: 35 feet.
(d) Minimum front setback: 10 feet.
(e) Minimum rear setback: 30 feet.
(f) Minimum side yard setback: 15 feet; corner lot: 10 feet.
(8) Other standards.
(a) Building design and construction materials. In addition to other restrictions of this section and any other chapter, any building or structure within the B-1 District shall meet the following standards:
1. All buildings shall be designed to be compatible with surrounding uses.
2. All exterior wall surfaces shall consist of one or more of the following:
a. Face brick.
b. Breakoff brick.
c. Breakoff block.
d. Stone or glass curtain wall.
e. Specifically designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or textures.
3. All subsequent additions and outbuildings constructed after the erection of an original building construction and shall be designed in a manner conforming with the original architectural design and appearance.
4. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building. The height of these structures shall not exceed that of the principal structure.
5. All mechanical equipment, whether roof mounted or ground mounted, shall be completely screened from the ground-level view of adjacent properties and public street.
(b) Landscaping. All areas in the B-1 District not covered by buildings, driveways, and paved parking lots shall be sodded, or covered by ground cover deemed acceptable by the Planning Commission. Installation of this landscaping during periods of frost, snow, or drought may be cause for the Planning Commission to require a letter of credit or escrow account. The city may require the screening or fencing of any side or rear yard facing a residential district.
(c) Lighting. Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. Any light fixture must be placed in such a manner that no light-emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level. Light directed upward is prohibited. Externally lit signs, display, building, and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent direct glare. The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumens at any non-residential property line. The maximum height for exterior lighting is 20 feet. All nonessential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security.
(d) Parking requirements. Parking requirements given in § 153.077 are adopted in their entirety as though repeated verbatim in this section.
(e) Signage requirements. Signage requirements given in § 153.079 are adopted in their entirety as though repeated verbatim in this section.
(f) Performance standards. The following rules shall apply to all uses in this district except that legal nonconforming uses may continue at the same performance level at which they operated before they became nonconforming in relation to this section:
1. All uses and activities shall be inside buildings, with no outside storage or activity allowed, unless a conditional use permit is granted.
2. There shall be no noise carrying beyond a lot upon which a business is located, except for normal automobile and pedestrian activity.
(1) Purpose. The B-2 district accommodates uses that provide a wide range of goods and services for the entire community. Businesses in this district are dependent on a large volume of traffic, thus need to be highly visible and accessible and prefer to locate in close proximity to major roadways. It is the intent of this district to promote development that maximizes the full development potential in areas adjacent to large traffic volume roadways. Zoning standards are intended to promote compatibility in form, function, and style.
(2) Definitions.
(a) ANIMAL HOSPITAL. A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
(b) AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles, tractor, or trailers, including body work, frame work, welding, and major painting surface.
(c) AUTOMOBILE REPAIR - MINOR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service when the service above stated is applied to passenger automobiles and trucks, not in excess of 7,000 pounds gross vehicle weight.
(d) AUTOMOBILE SERVICE STATION. A retail place of business engaged primarily in the sale of motor vehicle sales, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services, and the performance of automotive maintenance and repair.
(e) CLINIC. A building in which a group of physicians, dentists, and/or allied professional assistants are associated for carrying on their profession. The CLINIC may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.
(f) COMMERCIAL CAR WASHES. A principal, accessory building, or part of a principal building equipped with mechanical equipment or conveyor system and other equipment and facilities for washing automobiles.
(g) CONVENIENCE FACILITY. An establishment where the principal use is the sale of gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease or minor accessories, directly to the public on the premises. In addition, household and convenience items, food or other miscellaneous retail goods commonly associated with the same also may be sold.
(h) DAY CARE CENTERS, LICENSED. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or development guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the client’s own home. LICENSED DAY CARE FACILITIES include but are not limited to family day care homes, group family day car homes, day care centers, day nurseries, nursery schools, development achievement centers, and adult daycare centers.
(i) DRIVE-THROUGH. Any restaurant, financial institution, product or service vending enterprise where business is transacted through a window or other mechanical device with a patron who is in a vehicle.
(j) FINANCIAL INSTITUTIONS. A commercial banking establishment or savings and loan association chartered by the State of Minnesota or the United States.
(k) GARDEN CENTER. A place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold. These items may include plants, handicrafts, nursery products and stock, landscaping materials, fertilizers, potting soil, hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels, and other garden tools and utensils.
(l) HEALTH AND RECREATIONAL CLUBS. A building with the primary purpose of offering one or more facilities for instruction, training, encouragement, or assistance in physical fitness, in return for the payment of a fee entitling the member to the use of the facilities.
(m) HOTEL. A building containing guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through inside lobby or office supervised by a person in charge.
(n) MOTELS. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for use by transient automobile tourists, and furnishing customary hotel services.
(o) OFF-SALE. Retail sale in the original package of any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items, as part of a commercial transaction form the municipal liquor store for consumption away from the dispensary.
(p) ON-SALES. A building with facilities for serving any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items and short order foods.
(q) OPEN SALES LOT. Any land used or occupied for the purpose of displaying of goods for sale, rent, lease, or trade, where such goods are not enclosed within a building and under the open sky prior to sale.
(r) PHARMACY. Retail sale of any pharmaceuticals or other similar items wherein the merchandise is exhibited or sold.
(s) PLACES OF WORSHIP. A church, synagogue, temple, mosque, or other facility that is used for worship by persons of similar beliefs, or a special purpose building that is designed or particularly adapted for the primary use of conducting on a regular basis, religious services and associated accessory uses by a religious congregation and which building together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
(t) PROFESSIONAL AND BUSINESS OFFICE AND SERVICES. A building in which professional and management duties and services are carried out, including psychiatrists and psychologists’ offices; architectural, engineering, planning, legal offices, and photographic studios and businesses of a nonretail nature and clerical services and duties are carried out, including, corporate banks, credit unions, insurance and real estate offices.
(u) PUBLIC BUILDINGS. Buildings or structures owned and operated by the city.
(v) PUBLIC PARKS AND PLAYGROUNDS. Includes all uses such as tennis courts, ballfield, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
(w) PUBLIC UTILITY STRUCTURES. Persons, corporations or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this chapter, “Commercial Wireless Telecommunication Services” shall not be considered a public utility use and is defined separately.
(x) RECREATIONAL, COMMERCIAL. Includes all uses such as bowling alleys, driving ranges, mini-golf courses, movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
(y) RESTAURANTS, FAST FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption: (1) within restaurant building; (2) within a motor vehicle parked on the premises; or (3) off the premises as carry-out orders; and whose principal method of operation includes the following characteristics: (a) food and/or beverages are usually served in edible containers or in paper, plastic or other disposable containers; (b) the customer is not served food at his or her table by an employee, but receives it at a counter, window, or similar facility and carries it to another location on or off the premises for consumption.
(z) RESTAURANTS, STANDARD. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics: (1) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; (2) a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
(aa) RETAIL SHOPS AND SERVICES. Stores and shops selling personal services or goods for final consumption or the provision of services to the general public that produce minimal off-site impacts.
(3) Special requirements. Approval of building permits (in the case of new construction) or expansion of certificates of occupancy (in the case of existing facilities) for improvements within the B-2 District shall require submission to the Planning Commission of complete building plans, including landscape designs for any side or rear yard fencing a residential district. The Planning Commission shall review and approve the plans before a building permit and certificate of occupancy may be issued. The landscape design must identify and size all plants and screenings. Within 60 days of submission of such plans and designs, the Planning Commission shall recommend approval or disapproval of such plans and designs to the City Council, which shall make a final determination as to approval or disapproval.
(4) Permitted uses.
(a) Automobile repair - minor.
(b) Clinic.
(c) Garden center.
(d) Health and recreational clubs.
(e) Off-sales.
(f) On-sales.
(g) Pharmacy excluding drive-through facilities.
(h) Places of worship.
(i) Professional and business office and services.
(j) Public buildings.
(k) Public parks and playgrounds.
(l) Public utility structures.
(m) Restaurants, fast food excluding drive-through facilities.
(n) Restaurants, standard excluding drive-through facilities.
(o) Retail shops and services.
(5) Permitted accessory uses.
(a) Accessory structures, private garages.
(b) Fences.
(c) Landscaping and decorative features.
(d) Off-street loading.
(e) Off-street parking.
(f) Signs.
(g) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(h) Temporary outdoor sales.
(6) Conditional uses.
(a) Animal hospital.
(b) Automobile repair - major.
(c) Commercial car washes.
(d) Convenience facility.
(e) Day care centers, licensed.
(f) Fast food restaurants with a drive-through.
(g) Financial institutions with drive-through including automated kiosks.
(h) Hotel and motels.
(i) Multi-parcels, tenants, buildings provided that the uses are specified as permitted or conditional uses in the B-2 District.
(j) Open sales lot.
(k) Outdoor recreational areas.
(l) Outdoor seating areas for accessory to permitted or conditional uses in the B-2 District.
(m) Pharmacy with drive-through.
(7) Minimum lot requirements and setbacks.
(a) Minimum lot area: 10,000 square feet
(b) Minimum lot width: 50 feet
(c) Minimum lot depth: 100 feet
(d) Maximum lot coverage: 90%
(e) Maximum height: principal and accessory: 35 feet
(f) Minimum front setback: 20 feet
(g) Minimum rear setback: 20 feet for buildings that abut nonresidential districts or 40 feet when abutting residential districts
(h) Minimum side yard setback: 20 feet; corner lot: 20 feet
(8) Other standards.
(a) Building design and construction materials. In addition to other restrictions of this City Code, any building or structure within the B-2 District shall meet the following standards:
1. All buildings shall be designed to be compatible with surrounding uses.
2. All exterior wall surfaces shall consist of one or more of the following:
a. Face brick.
b. Breakoff brick.
c. Breakoff block.
d. Stone or glass curtain wall.
e. Specifically designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or textures.
3. All subsequent additions and outbuildings constructed after the erection of an original building construction shall be designed in a manner conforming with the original architectural design and appearance.
4. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building. The height of these structures shall not exceed that of the principal structure.
5. All mechanical equipment, whether roof mounted or ground mounted, shall be completely screened from the ground-level view of adjacent properties and public street.
(b) Landscaping. All areas in the B-2 District not covered by buildings, driveways, and paved parking lots shall be sodded, or covered by ground cover deemed acceptable by the planning commission. The city may require a letter of credit or escrow account if installation of this landscaping occurs during periods of frost, snow, or drought. The city may require the screening or fencing of any side or rear yard facing a residential district.
(c) Lighting. Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. Light directed upward is prohibited. Externally lit signs, display, building, and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent direct glare. The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumen at any non-residential property line. The maximum height for exterior lighting is 20 feet. All non-essential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security.
(d) Parking requirements. Parking requirements given in § 153.077 are adopted in their entirety as though repeated verbatim in this section.
(e) Signage requirements. Signage requirements given in § 153.079 are adopted in their entirety as though repeated verbatim in this section.
(f) Performance standards. The following rules shall apply to all uses in this district except that legal nonconforming uses may continue at the same performance level at which they operated before they became nonconforming in relation to this section:
1. All uses and activities shall be inside buildings, with no outside storage or activity allowed, unless a conditional use permit is granted.
2. There shall be no noise carrying beyond a lot upon which a business is located, except for normal automobile and pedestrian activity.
(g) Nonconforming materials. All construction which repairs, reconstructs, remodels, or otherwise alters an existing commercial and industrial building shall not be required to meet all the standards, but a proportion. The level be determined by either the percentage of increased value of the expansion will create or the percentage of increased square footage that will be created, whichever is less.
(1) Purpose. The B-3 District is intended to sustain the Historic Central Business District and to augment and increase its viability and prosperity by allowing the development and redevelopment of a variety of uses and activities, made compatible through the enforcement of design standards. The downtown is intended to serve the entire city and be a diversified commercial center that offers the full range of comparison goods, sales and services; cultural and civic opportunities, financial and professional offices, and public uses. Although this district relies on automobile traffic, the needs of pedestrians and bicyclists are deemed equally important. Pedestrian and bicycle routes, landscaping, and appropriate amenities are important components of this district.
(2) Definitions.
(a) CLUB AND LODGES, PRIVATE. An association of persons who are bona fide members paying annual dues, which owns, hires or leases the building, property or a portion thereof; the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on the premises, provided adequate facilities are available.
(b) DANCE, HEALTH, AND MARTIAL ARTS STUDIOS. A building with the primary purpose of offering one or more facilities for instruction, training, encouragement, or assistance in physical fitness, in return for the payment of a fee entitling the member to the use of the facilities.
(c) EXTERIOR STORAGE. The storage of any goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.
(d) FINANCIAL INSTITUTIONS. A financial institution is a commercial banking establishment or savings and loan association chartered by the State of Minnesota or the United States.
(e) HARD SURFACE (PARKING). Shall mean only non-aggregate impervious concrete or asphalt.
(f) HOTEL. A building containing guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
(g) INDOOR ENTERTAINMENT, CULTURAL FACILITIES, AND SERVICES AND AMUSEMENT SERVICES. An enclosed building that houses indoor uses such as bowling alleys, roller and ice skating rinks, and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
(h) OFFICES AND PROFESSIONAL SERVICES. A building in which professional and management duties and services are carried out and/or businesses of a nonretail nature and clerical services and duties are carried out. Uses may include professional consulting businesses and health care services.
(i) OFF-SALE. Retail sale in the original package of any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items, as part of a commercial transaction from the municipal liquor store for consumption away from the dispensary.
(j) ON-SALES. A building with facilities for serving any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items and short order foods.
(k) PERSONAL SERVICES. Uses such as laundromats, barbershops or beauty salons, and photography studios.
(l) PHARMACY. Retail sale of any pharmaceuticals or other similar items wherein the merchandise is exhibited or sold.
(m) PUBLIC BUILDINGS. Buildings or structures owned and operated by the city, county, state, or federal governments.
(n) PUBLIC PARKS AND PLAYGROUNDS. Includes all uses such as tennis courts, ballfield, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
(o) RESTAURANTS, FAST FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption (1) within restaurant building, (2) within a motor vehicle parked on the premises, or (3) off the premises as carry-out orders; and whose principal method of operation includes the following characteristics (a) food-and/or beverages are usually served in edible containers or in paper, plastic or other disposable containers; (b) the customer is not served food at his or her table by an employee, but receives it at a counter, window, or similar facility and carries it to another location on or off the premises for consumption.
(p) RESTAURANTS, STANDARD. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics (1) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; (2) a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
(q) RETAIL SHOPS, SERVICE AND REPAIR. Stores and shops selling personal services or goods for final consumption or the provision of services to the general public that produce minimal off-site impacts.
(r) TEMPORARY OUTDOOR SALES AND DISPLAY OF MERCHANDISE. Products displayed outdoors and intended to be sold at retail by a related and established principal use, provided said products and displays do not interfere with vehicular or pedestrian circulation or visibility.
(3) Permitted uses.
(a) Club and lodges.
(b) Dance, health and martial arts studios.
(c) Day care facilities.
(d) Financial institutions without drive-in facilities.
(e) Multi-tenant buildings provided that the uses are specified as permitted uses in the B-3 District.
(f) Museums and art galleries.
(g) Offices and professional services.
(h) Off-sales.
(i) On-sales.
(j) Personal services.
(k) Pharmacy.
(l) Public buildings.
(m) Public parking lots.
(n) Private parking lots.
(o) Public parks and playgrounds.
(p) Restaurants, fast food excluding drive-through facilities.
(q) Restaurants, standard excluding drive-through facilities.
(r) Retail shops, service and repairs.
(4) Permitted accessory uses.
(a) Accessory structures, private garages.
(b) Exterior storage.
(c) Fences.
(d) Landscaping and decorative features.
(e) Off-street loading.
(f) Off-street parking.
(g) Outdoor seating areas.
(h) Signs.
(i) Temporary outdoor sales and display of merchandise.
(5) Conditional uses.
(a) Financial institutions with drive-in facilities.
(b) Hotels.
(c) Indoor entertainment, cultural facilities, and services and amusement services.
(d) Multi-tenant buildings provided that the uses are specified as permitted or conditional uses in the B-3 District.
(e) Residential uses (apartments), provided the following requirements are met:
1. Residential uses shall be secondary to ground floor permitted uses.
2. Ground floor residential uses shall not be permitted.
3. In order to promote active ground floor permitted uses, residential uses sharing the same lot/building as a ground floor permitted use shall not be permitted after a period of six months of the ground floor use being vacant. Exceptions: (1) Once a ground floor permitted use is occupied, residential uses may continue again; (2) In the case that a legitimate business lead for a prospective tenant exists, the City Council may approve a reasonable time extension.
4. The designated residential space of the building shall meet the requirements stated in the adopted building code, state electrical code, and state fire code as amended from time to time.
5. Minimum occupancy area: one (1) resident per 250 square feet.
6. Maximum density: six residents per lot/parcel.
7. Minimum dwelling unit area: 600 square feet per dwelling unit.
8. At least two on-premise or adjacent (off-street) parking stalls shall be provided per dwelling unit. Parking areas shall be directly accessed through public alleys. Parking areas shall be hard surfaced and clearly marked. Adjacent off-street parking on neighboring properties shall require an approved agreement.
9. A rear yard entrance and security lighting shall be provided.
10. An on-premise enclosed garbage/dumpster area shall be provided.
(6) Minimum lot requirements and setbacks:
(a) Minimum lot area: 3,500 square feet
(b) Minimum lot width: 25 feet
(c) Minimum lot depth: 50 feet
(d) Maximum lot coverage: 100%
(e) Maximum height: principal and accessory: 42 feet, unless authorized by conditional use permit.
(f) Minimum front setback: none required
(g) Minimum rear setback: none required
(h) Minimum side yard setback: none required; corner lot: none
(7) Other standards:
(a) Building design and construction materials: in addition to other restrictions of this section and any other chapter, any building or structure within the B-3 District shall meet the following standards:
1. All buildings shall be designed to be compatible with surrounding structures.
2. All exterior wall surfaces shall consist of one or more of the following:
a. Face brick
b. Breakoff brick
c. Breakoff block
d. Stone or glass curtain wall
e. Specifically designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or textures.
3. At least 40% of the front face of the building on the first floor shall have windows.
4. All subsequent additions, accessory buildings (which serve the principal commercial use), and any buildings that support a residential use constructed after the erection of an original building, shall be designed in a manner conforming to the original architectural design and appearance.
5. All exterior trash enclosures, other accessory structures, and any buildings that support a residential use shall be constructed of the same materials and colors as the principal building. The height of these structures shall not exceed that of the principal structure.
6. All mechanical equipment, whether roof mounted or ground mounted, shall be completely screened from the ground-level view of adjacent properties and public street.
(b) Landscaping: All areas in the B-3 district not covered by buildings, driveways, and paved parking lots shall be sodded, or covered by ground cover deemed acceptable by the City Council. Installation of this landscaping during periods of frost, snow, or drought may be cause for the City Council to require a letter of credit or escrow account. The city may require the screening or fencing of any side or rear yard facing a residential district.
(c) Parking requirements.
1. All off-street parking areas shall met the parking requirements given in § 153.077, Parking. In the event that adjacent on-street parking is insufficient for a particular use, the City Council may require on-premise or adjacent (off-street) parking.
2. Residential uses shall provide at least two on-premise or adjacent (off-street) - parking stalls per dwelling unit. Parking areas shall be directly accessed through public alleys. Parking areas shall be hard surfaced and clearly marked.
(d) Signage requirements. Signage requirements given in § 153.079 shall be met.
(1) Purpose. The I-1 District shall serve as a transition between more industrial uses and residential and other business uses. This district is appropriate for manufacturing, warehousing, and similar industrial uses because of access to warehousing, thoroughfares, the full complement of urban services such as sewer and water, and distance from residential districts. These areas are intended to encourage the development of industrial uses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants. These industries shall be compatible with each other and with surrounding land uses.
(2) Definitions.
(a) ANIMAL HOSPITAL. A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
(b) AUTOMOBILE REPAIR-MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles, tractor, or trailers, including body work, frame work, welding, and major painting surface.
(c) AUTOMOBILE REPAIR-MINOR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service when the service above stated is applied to passenger automobiles and trucks, not in excess of 7,000 pounds gross vehicle weight.
(d) COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE. Licensed commercial wireless telecommunications service includes cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
(e) CONTRACTORS’ OFFICES AND YARDS. An area where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced.
(f) GARDEN CENTER. A place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold. These items may include plants, handicrafts, nursery products and stock, landscaping materials, fertilizers, potting soil, hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels, and other garden tools and utensils, which may be conducted within a building or without.
(g) MANUFACTURING-LIGHT. Fabrication, processing, or assembly employing only electric or other substantially noiseless and inoffensive power sources, utilizing hand labor or quiet machinery, and processes, and free from neighborhood disturbing agents, such as odors, gas, fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration. Such uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, signs and displays, printing publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts.
(h) MINISTORAGE. An enclosed storage facility containing multiple individual units used solely for the storage of personal property. These units are intended to be leased or rented to private individuals. This facility is not intended to be used for commercial or industrial storage, nor shall the storage of flammable liquids or other hazardous materials be permitted.
(i) OPEN SALES OR STORAGE LOT. Any land used or occupied for the purpose of displaying of goods, parts, products, or fuel for sale, rent, lease, trade, or storage, where such goods are not enclosed within a building and under the open sky prior to sale or use.
(j) POLE BUILDING. A structure built without perimeter foundations, having solid wood, built-up wood, or steel columns which either rest on concrete caissons or are direct-buried in the earth with a footing pad, having a roof system of wood or steel engineered trusses, and having exterior
roofs or walls of corrugated steel or other architectural metals. Metal engineered buildings with full perimeter foundations are not included in this definition.
(k) PROFESSIONAL AND BUSINESS OFFICE AND SERVICES. A building in which professional and management duties and services are carried out, including psychiatrists and psychologists’ offices; architectural, engineering, planning, legal offices, and photographic studios and businesses of a nonretail nature and clerical services and duties are carried out, including, corporate banks, credit unions, insurance and real estate offices.
(l) PUBLIC BUILDINGS. Buildings or structures owned and operated by the city or other governmental bodies.
(m) PUBLIC PARKS AND PLAYGROUNDS. Includes all uses such as tennis courts, ballfield, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
(n) PUBLIC UTILITY STRUCTURES. Persons, corporations or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this chapter, Commercial Wireless Telecommunication Services shall not be considered a public utility use and is defined separately.
(o) WAREHOUSING. Warehousing is the commercial storage of merchandise and personal property.
(3) Special requirements. All applications for building permits (in the case of new construction or expansion) or certificates of occupancy (in the case of existing facilities) for improvements within the I-1 District shall be subject to submission of complete building plans, including landscape designs to the Planning Commission. The Planning Commission shall review and approve before a building permit and certificate of occupancy may be issued. The landscape design must identify and size all plants and screenings. Within 60 days of submission of such plans and designs, the Planning Commission shall recommend approval or disapproval of such plans and designs to the City Council, which shall make the final determination as to approval or disapproval.
(4) Permitted uses.
(a) Animal hospital.
(b) Automobile repair - minor.
(c) Contractors’ offices and yards.
(d) Garden center.
(e) Manufacturing - light.
(f) Ministorage.
(g) Professional and business office and services.
(h) Public buildings and facilities.
(i) Public parks and playgrounds.
(j) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(k) Warehousing.
(5) Permitted accessory uses.
(a) Accessory structures.
(b) Fences.
(c) Landscaping and decorative features.
(d) Off-street loading.
(e) Off-street parking.
(f) Retail sales of products manufactured on the site shall be allowed as an accessory use. A maximum of 20% of the floor area of the total building area. Parking as required for retail uses shall be provided in addition to that required for the principal use. If excessive on-street parking of vehicles occurs, the sales shall cease or reduced to the level that off-street parking can accommodate.
(g) Signage.
(h) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(6) Conditional uses.
(a) Automobile repair - major.
(b) Commercial wireless telecommunication service.
(c) Multiple parcels, tenants, buildings, provided that the uses are specified as permitted and conditional uses in the district.
(d) Open sales or storage lot.
(e) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or does exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet.
(7) Prohibited uses.
(a) Asphalt plants.
(b) Distillation processes.
(c) Junkyards.
(d) Livestock feeding yards, slaughterhouse, or processing plants.
(e) Manufacture of explosives.
(f) Mining operations.
(g) Petroleum or ethanol refineries.
(h) Sanitary landfills.
(i) Any industry that creates an excessive odor, noise, air, or environmental pollution problem.
(8) Minimum lot requirements and setbacks.
(a) Minimum lot area: 20,000 square feet
(b) Minimum lot frontage: 100 feet
(c) Minimum lot depth: 100 feet
(d) Maximum lot coverage: 80%
(e) Maximum height: principal and accessory: 40 feet
(f) Minimum front setback: 35 feet
(g) Minimum rear setback: 25 feet
(h) Minimum side yard setback: 20 feet; corner lot: 35 feet
(9) Other standards.
(a) Landscaping. All areas in the I-1 District not covered by buildings, driveways, and paved parking lots shall be seeded, sodded, or covered by ground cover deemed acceptable by the Planning Commission. Installation of this landscaping during periods of frost, snow, or drought may be cause for the Planning Commission to require a letter of credit or escrow account. The city may require the screening or fencing of any side or rear yard facing a residential district.
(b) Building design and construction materials. In addition to other restrictions of this section and any other chapter, any building or structure within the I-1 District shall meet the following standards:
1. All buildings shall be designed to be compatible with surrounding uses.
2. All exterior wall surfaces directly facing a public street shall consist of one or more of the following:
a. Face brick.
b. Breakoff brick.
c. Breakoff block.
d. Stone or glass curtain wall.
e. Specifically designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or textures.
f. Factory fabricated cast-in-place or precast panel construction, if the panel materials are any of those names above, glass, prefinished metal (other than unpainted galvanized steel or iron) or plastic.
3. Sixty-five percent of the front of a metal building must be masonry, veneer, glass, or other material approved by the Planning Commission. “Front” is defined as the first floor of the side of the building facing the street. On corner lots, “front” is defined as the side of the building having the address.
4. In case of metal buildings, the Planning Commission shall prefer masonry buildings: but other types of construction shall be considered by the Planning Commission during the plan review. The Planning Commission shall make a final recommendation to the City Council, which makes the final determination approving construction materials.
5. Pole buildings are prohibited.
6. The applicant shall not be required to meet all of the standards when repairing, reconstructing, remodeling, or otherwise altering an existing industrial building, but will be required to meet a proportion of the standards. The required proportion of each standard that must be met will be determined by either the percentage of increased value to the parcel attributable to the expansion or the percentage of square footage that will be added, whichever is less.
(c) Parking requirements. Parking requirements given in § 153.077 are adopted in their entirety as though repeated verbatim in this section, with the following additional requirements.
(d) Driveway restrictions. Each business within the I-1 District may have one driveway. At the discretion of the Planning Commission, more than one driveway may be permitted or required. Consideration of multiple driveways, turn lanes and appropriate right-of-ways shall be addressed by the Planning Commission during the overall plan review prior to issuing a building permit.
(e) Loading area requirements. All loading areas in the district shall be on the side or in the rear of the lot and shall be no less than ten feet from abutting residential areas.
(f) Storage requirements. All outside storage shall be screened from view by dense vegetation or 90% opaque screening. All waste containers shall be screened from the view by 90% opaque screening and kept in good repair. Chain link fencing with plastic inserts is prohibited.
(g) Performance standards. Performance standards as to noise, odor, glare, exterior lighting, smoke, fire and safety hazards, water supply, waste disposal, and performance testing are found throughout Chapter 153.
(1) Purpose. The I-2 District is intended to accommodate more intense manufacturing and processing that would not be allowed in the I-1 Light Industrial District. Proposed uses would include manufacturing, production, warehousing with heavy truck traffic and other uses which may generate nominal off-site impacts.
(2) Definitions.
(a) ANIMAL HOSPITAL. A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
(b) AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles, tractor, or trailers, including body work, frame work, welding, and major painting surface.
(c) AUTOMOBILE REPAIR MINOR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine transmission or differential;
incidental body and fender work, minor painting and upholstering service when the service above the stated is applied to passenger automobiles and trucks, not in excess of 7,000 pounds gross vehicle weight.
(d) COMMERCIAL KENNELS. Any place where four or more of any type of domestic pets, over four months of age, are boarded, bred, trained, or offered for sale.
(e) COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE. Licensed commercial wireless telecommunications service includes cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
(f) CONTRACTORS’ OFFICES AND YARDS. An area where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced.
(g) GARDEN CENTER. A place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold. These items may include plants, handicrafts, nursery products and stock, landscaping materials, fertilizers, potting soil, hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels, and other garden tools and utensils, which may be conducted within a building or without.
(h) LABORATORY, MEDICAL OR DENTAL. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession.
(i) MANUFACTURING. Manufacturing, processing, packaging, or assembly of products and also breweries, cement production, stone cutting, brick, glass, batteries (wet cell), ceramic products, mill working, metal polishing and platting, paint (pigment manufacturing), rubber products, plastics, meat packing, flour, feed grain milling, milling, food and agricultural products, plastics, coal, tar, distillation of bones, sawmill, lime, gypsum, plaster of paris, glue, size, cloth, and similar use.
(j) MANUFACTURING - LIGHT. Fabrication, processing, or assembly employing only electric or other substantially noiseless and inoffensive power sources, utilizing hand labor or quiet machinery, and processes, and free from neighborhood disturbing agents, such as odors, gas, fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration. Such uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, signs and displays, printing publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts.
(k) MINISTORAGE. An enclosed storage facility containing multiple individual units used solely for the storage of personal property. These units are intended to be leased or rented to private
individuals. This facility is not intended to be used for commercial or industrial storage, nor shall the storage of flammable liquids or other hazardous materials be permitted.
(l) OPEN SALES or STORAGE LOT. Any land used or occupied for the purpose of displaying of goods, parts, products, or fuel for sale, rent, lease, trade, or storage, where such goods are not enclosed within a building and under the open sky prior to sale or use.
(m) POLE BUILDING. A structure built without perimeter foundations, having solid wood, built-up wood, or steel columns which either rest on concrete caissons or are direct-buried in the earth with a footing pad, having a roof system of wood or steel engineered trusses, and having exterior roofs or walls of corrugated steel or other architectural metals. Metal engineered buildings with full perimeter foundations are not included in this definition.
(n) PROFESSIONAL AND BUSINESS OFFICE AND SERVICES. A building in which professional and management duties and services are carried out, including psychiatrists and psychologists’ offices; architectural, engineering, planning, legal offices, and photographic studios and businesses of a nonretail nature and clerical services and duties are carried out, including, corporate banks, credit unions, insurance and real estate offices.
(o) PUBLIC BUILDINGS. Buildings or structures owned and operated by the city.
(p) PUBLIC PARKS AND PLAYGROUNDS. Includes all uses such as tennis courts, ballfield, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
(q) PUBLIC UTILITY STRUCTURES. Persons, corporations or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this chapter, Commercial Wireless Telecommunication Services shall not be considered a public utility use and is defined separately.
(r) RESEARCH/DESIGN FACILITIES. Medical, chemical, electrical, metallurgical, or other scientific research and quality control, conducted in accordance with the provisions of the zoning ordinance.
(s) TRUCK TERMINAL. Any use, area or building where cargo, trucks, truck parts, loading equipment and the like, is stored and/or where trucks load and unload on a regular basis.
(t) WAREHOUSING. Warehousing is the commercial storage of merchandise and personal property.
(u) WHOLESALE BUSINESS. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, individuals or companies.
(3) Special requirements. All applications for building permits (in the case of new construction or expansion or certificates of occupancy (in the case of existing facilities) for improvements within the I-2 District shall be subject to submission of complete building plans, including landscape designs to the Planning Commission. The Planning Commission shall review and approve before a building permit and certificate of occupancy may be issued. The landscape design must identify and size all plants and screenings. Within 60 days of submission of such plans and designs, the Planning Commission shall recommend approval or disapproval of such plans and designs to the City Council, which shall make the final determination as to approval or disapproval.
(4) Permitted uses.
(a) Animal hospital.
(b) Automobile repair - minor.
(c) Contractors’ offices and yards.
(d) Garden center.
(e) Laboratory, medical or dental.
(f) Manufacturing.
(g) Manufacturing - light.
(h) Ministorage.
(i) Professional and business office and services.
(j) Public buildings and facilities.
(k) Public parks and playgrounds.
(l) Public utility structure that is not intended for human occupation, occupies an area of less than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet, whichever is less.
(m) Research/design facilities.
(n) Truck terminal.
(o) Warehousing.
(p) Wholesale business.
(5) Permitted accessory uses.
(a) Accessory structures.
(b) Fences.
(c) Landscaping and decorative features.
(d) Off-street loading.
(e) Off-street parking.
(f) Retail sales of products manufactured on the site shall be allowed as an accessory use. A maximum of 20% of the floor area of the total building area. Parking as required for retail uses shall be provided in addition to that required for the principal use. If excessive on-street parking of vehicles occurs, the sales shall cease or reduced to the level that off-street parking can accommodate.
(g) Signage.
(h) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(6) Conditional uses.
(a) Agricultural uses limited to the raising of crops and forestry.
(b) Automobile repair - major.
(c) Commercial kennels.
(d) Commercial wireless telecommunication service.
(e) Daycare facilities for 12 or more persons.
(f) Multi-parcels, tenants, buildings provided that the uses are specified as permitted or conditional uses in the I-2 District.
(g) Open sales or storage lot.
(h) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or does exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet.
(7) Prohibited uses.
(a) Acid manufacturing.
(b) Asphalt plants.
(c) Creosote treatment or manufacture.
(d) Distillation processes.
(e) Junkyards.
(f) Livestock feeding yards, slaughterhouse, or processing plants.
(g) Manufacture of explosives.
(h) Mining operations.
(i) Permanent or temporary storage of hazardous waste as a principal use.
(j) Petroleum or ethanol refineries.
(k) Rendering plants.
(l) Sanitary landfills.
(m) Sludge disposal.
(n) Any industry that creates an excessive odor, noise, air, or environmental pollution problem.
(8) Minimum lot requirements and setbacks.
(a) Minimum lot area: 40,000 square feet
(b) Minimum lot frontage: 150 feet
(c) Minimum lot depth: 250 feet
(d) Maximum lot coverage: 75%
(e) Maximum height: principal and accessory: 40 feet
(f) Minimum front setback: 45 feet.
(g) Minimum rear setback 25 feet.
(h) Minimum side yard setback: 30 feet; corner lot: 45 feet
(9) Other standards.
(a) Landscaping: All areas in the I-2 District not covered by buildings, driveways, and paved parking lots shall be seeded, sodded, or covered by ground covered by ground cover deemed acceptable by the Planning Commission. Installation of this landscaping during periods of frost, snow, or drought may be cause for the Planning Commission to require a letter of credit or escrow account. The city may require the screening or fencing of any side or rear yard facing a residential district.
(b) Building design and construction materials. In addition to other restrictions of this section and any other chapter, any building or structure within the I-2 District shall meet the following standards:
1. All buildings shall be designed to be compatible with surrounding uses.
2. All exterior wall surfaces directly facing a public street shall consist of one or more of the following:
a. Face brick.
b. Breakoff brick.
c. Breakoff block.
d. Stone or glass curtain wall.
e. Specifically designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or textures.
f. Factory fabricated cast-in-place or precast panel construction, if the panel materials are any of those names above, glass, prefinished metal (other than unpainted galvanized steel or iron) or plastic.
3. Sixty-five percent of the front of a metal building must be masonry, veneer, glass, or other material approved by the planning commission. “Front” is defined as the first floor of the side of the building facing the street. On corner lots, “front” is defined as the side of the building having the address.
4. In case of metal buildings, the Planning Commission shall prefer masonry buildings: but other types of construction shall be considered by the Planning Commission during the plan review. The Planning Commission shall make a final recommendation to the City Council, which makes the final determination approving construction materials.
5. In cases of construction which repairs, reconstructs, remodels, or otherwise alters an existing industrial building, the applicant shall not be required to meet all of the standards, but a proportion. The level be determined by either the percentage of increased value the expansion will create or the percentage of increased square footage that will be created, whichever is less.
a. Parking requirements. Parking requirements given in § 153.077 are adopted in their entirety as though repeated verbatim in this section, with the following additional requirements.
b. Driveway restrictions. Each business within the I-2 District may have one driveway. At the discretion of the Planning Commission, more than one driveway may be permitted or required. Consideration of multiple driveways, turn lanes and appropriate right-of-ways shall be addressed by the Planning Commission during the overall plan review prior to issuing a building permit.
c. Loading area requirements. All loading areas in the district shall be on the side or in the rear of the lot and shall be no less than ten feet from abutting residential areas.
d. Storage requirements. All outside storage shall be screened from view by dense vegetation or 90% opaque screening. All waste containers shall be screened from the view by 90% opaque screening and kept in good repair. Chain link fencing with plastic inserts is prohibited.
e. Performance standards as to noise, odor, glare, exterior lighting, smoke, fire and safety hazards, water supply, waste disposal and performance testing are found throughout Chapter 153.
(1) Purpose. The purpose of the Parks and Open Space District is to reserve public land for less intensive public land uses such as parks, trails, open space, recreational activities, environmental protection and other similar uses, and therefore ensuring the continued health, safety and general welfare of the community.
(2) Other requirements.
(a) See Chapter 94, Parks and Recreation, as amended.
(b) All permitted, accessory and conditional uses, except customary events and recreation, shall be reviewed by the Parks and Recreation Commission and/or City Administrator or his or her designee for compliance with the Comprehensive Plan, Parks and Open Space Master Plan, City Code, and other applicable plans and regulations. The City Council may also review these uses from time to time.
(3) Permitted uses.
(a) Concessions.
(b) Events.
(c) Historic buildings, grounds and memorial markers.
(d) Natural or designed ponds, wetlands, waterways and stormwater areas.
(e) Nature and conservation areas.
(f) Open space.
(g) Other uses customary to parks, open space and recreation.
(h) Parks.
(i) Public shelters, buildings and facilities.
(j) Recreation and public recreation facilities and areas.
(k) Trails and pathways.
(l) Tree and landscape nurseries.
(4) Accessory uses.
(a) Accessory structures and sheds.
(b) Advertisements.
(c) Exterior storage.
(d) Fencing.
(e) Flags.
(f) Gardening and other horticultural uses.
(g) Landscaping and decorative features.
(h) Lighting.
(i) Off-street parking.
(j) Open and enclosed park shelters.
(k) Scoreboards.
(l) Seating and viewing areas.
(m) Signage.
(5) Conditional uses.
(a) Fenced-in off-leash dog parks.
(b) Freestanding towers, antennas, communication towers and associated accessory buildings shall be prohibited within 500 feet of recreational areas and facilities. Exception: recreational trails and pathways may be allowed within 500 feet.
(c) Private recreational facilities and areas.
(d) Utility structures, stations and related equipment.
(e) Wind energy turbines and associated accessory buildings:
1. Shall be prohibited within 500 feet of recreational areas and facilities. Exception: recreational trails and pathways may be allowed within 500 feet.
2. Shall be prohibited within 1,000 feet of any residential dwelling unit.
(6) Minimum lot requirements and setbacks.
(a) Minimum lot/parcel area: 5,000 square feet.
(b) Minimum lot/parcel width: N/A.
(c) Minimum street frontage: 50 feet.
(d) Minimum lot/parcel area depth: N/A.
(e) Maximum lot/parcel coverage: N/A.
(f) Maximum height: principal structures: N/A, accessory structures: N/A.
(g) Minimum front setback: 0 feet.
(h) Minimum rear yard: 0 feet.
(i) Minimum side setback: 0 feet.
(1) Purpose. The Public Facilities and Government District is intended to provide areas for public and semi-public use by federal, state, county, municipal and other governmental entities, including educational and public care uses.
(2) Other requirements. All permitted, accessory and conditional uses, except customary events and recreation, shall be reviewed by the City Council and/or City Administrator or his or her designee for compliance with the Comprehensive Plan, Capital Improvement Plan, Parks and Open Space Master Plan, City Code, and other applicable plans and regulations.
(3) Permitted uses.
(a) Composting areas.
(b) Events.
(c) Fire, police, severe weather and emergency facilities.
(d) Government offices and buildings for government operations.
(e) Historical buildings, grounds and memorial markers.
(f) Lift stations.
(g) Natural or designed ponds, wetlands, waterways and stormwater areas.
(h) Nature and conservation areas.
(i) Open space.
(j) Parks.
(k) Public hospitals and clinics.
(l) Public libraries.
(m) Public shelters, buildings and facilities.
(n) Public works garages and related uses.
(o) Pump houses.
(p) Recreation and public recreation facilities and areas.
(q) Satellite dishes, building mounted or freestanding.
(r) Trails and pathways.
(s) Tree and landscape nurseries.
(t) Utility structures, stations and related equipment.
(u) Water and wastewater treatment facilities and related equipment.
(v) Water towers and reservoirs.
(w) Well houses.
(4) Accessory uses.
(a) Accessory structures and sheds.
(b) Exterior storage.
(c) Fencing.
(d) Flags.
(e) Gardening and other horticultural uses.
(f) Landscaping and decorative features.
(g) Lighting.
(h) Off-street parking.
(i) Open and enclosed park shelters.
(j) Seating and viewing areas.
(k) Signage.
(l) Solar collectors.
(5) Conditional uses.
(a) Childcare facilities associated with churches and places of worship.
(b) Churches and places of worship.
(c) Freestanding towers, antennas, communication towers and associated accessory buildings shall be prohibited within 500 feet of recreational areas and facilities. Exception: recreational trails and pathways may be allowed within 500 feet.
(d) Schools and educational facilities.
(e) Wind energy turbines and associated accessory buildings:
1. Shall be prohibited within 500 feet of recreational areas and facilities. Exception: recreational trails and pathways may be allowed within 500 feet.
2. Shall be prohibited within 1,000 feet of any residential dwelling unit.
(6) Minimum lot requirements and setbacks.
(a) Minimum lot/parcel area: N/A.
(b) Minimum lot/parcel width: N/A.
(c) Minimum street frontage: N/A.
(d) Minimum lot/parcel area depth: N/A.
(e) Maximum lot/parcel coverage: N/A.
(f) Maximum height: principal structures: N/A, accessory structures: N/A.
(g) Minimum front setback: 0 feet
(h) Minimum rear yard: 0 feet.
(i) Minimum side setback: 0 feet.
(1) Purpose. The OI District is intended to accommodate a mix of limited commercial and industrial uses such as warehousing, manufacturing, automobile repair and other similar uses with less restrictive standards compared to the I-1 and I-2 Districts. Furthermore, the purpose of the OI District is to encourage the development and redevelopment only in the original industrial park area, along Delaware Street SE and Florida Street SE. Uses within the OI District shall be clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare or other pollutants. Uses and structures within the OI District shall be compatible with each other and with surrounding land uses.
(2) Definitions.
ANIMAL HOSPITAL. A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles, tractors or trailers, including body work, frame work, welding and major painting surface.
AUTOMOBILE REPAIR - MINOR The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service when the service above the stated is applied to passenger automobiles and trucks, not in excess of 7,000 pounds gross vehicle weight.
COMMERCIAL KENNELS. Any place where four or more of any type of domestic pets, over four months of age, are boarded, bred, trained or offered for sale.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE. Licensed commercial wireless telecommunications service includes cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
CONTRACTORS’ OFFICES AND YARDS. An area where vehicles, equipment and/or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced.
GARDEN CENTER. A place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold. These items may include plants, handicrafts, nursery products and stock, landscaping materials, fertilizers, potting soil, hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels and other garden tools and utensils, which may be conducted within a building or without.
LABORATORY, MEDICAL OR DENTAL. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of physician; or an establishment primarily engaged in making dentures, artificial teeth and orthodontic appliances to order for the dental profession.
MANUFACTURING. Manufacturing, processing, packaging or assembly of products and also breweries, cement production, stone cutting, brick, glass, batteries (wet cell), ceramic products, mill working, metal polishing and platting, paint (pigment manufacturing), rubber products, plastics, meat packing, flour, feed grain milling, milling, food and agricultural products, plastics, coal, tar, distillation of bones, sawmill, lime, gypsum, plaster of paris, glue, size, cloth and similar use.
MANUFACTURING - LIGHT. Fabrication, processing or assembly employing only electric or other substantially noiseless and inoffensive power sources, utilizing hand labor or quiet machinery, and processes, and free from neighborhood disturbing agents, such as odors, gas, fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration. Such uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, signs and displays, printing publishing, fabricated metal parts, appliances, clothing, textiles and used auto parts.
MINISTORAGE. An enclosed storage facility containing multiple individual units used solely for the storage of personal property. These units are intended to be leased or rented to private individuals. This facility is not intended to be used for commercial or industrial storage, nor shall the storage of flammable liquids or other hazardous materials be permitted.
OPEN SALES or STORAGE LOT. Any land used or occupied for the purpose of displaying of goods, parts, products or fuel for sale, rent, lease, trade or storage, where such goods are not enclosed within a building and under the open sky prior to sale or use.
POLE BUILDING. A structure built without perimeter foundations, having solid wood, built-up wood or steel columns which either rest on concrete caissons or are direct-buried in the earth with a footing pad, having a roof system of wood or steel engineered trusses, and having exterior roofs or walls of corrugated steel or other architectural metals. Metal engineered buildings with full perimeter foundations are not included in this definition.
PROFESSIONAL AND BUSINESS OFFICE AND SERVICES. A building in which professional and management duties and services are carried out, including psychiatrists and psychologists’ offices; architectural, engineering, planning, legal offices, and photographic studios and businesses of a nonretail nature and clerical services and duties are carried out, including corporate banks, credit unions, insurance and real estate offices.
PUBLIC BUILDINGS. Buildings or structures owned and operated by the city.
PUBLIC PARKS AND PLAYGROUNDS. Includes all uses such as tennis courts, ballfield, picnic areas and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
PUBLIC UTILITY STRUCTURES. Persons, corporations or governments supplying gas, electric, transportation, water, sewer or land line telephone service to the general public. For the purpose of this chapter, COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES shall not be considered a public utility use and is defined separately.
RESEARCH/DESIGN FACILITIES. Medical, chemical, electrical, metallurgical or other scientific research and quality control, conducted in accordance with the provisions of the zoning ordinance.
TRUCK TERMINAL. Any use, area or building where cargo, trucks, truck parts, loading equipment and the like, is stored and/or where trucks load and unload on a regular basis.
WAREHOUSING. The commercial storage of merchandise and personal property.
WHOLESALE BUSINESS. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, individuals or companies.
(3) Special requirements. All applications for building permits (in the case of new construction or expansion) or certificates of occupancy (in the case of existing facilities) for improvements within the OI District shall be subject to submission of complete building plans, including landscape designs to the Planning Commission. The Planning Commission shall review and approve the plans before a building permit and certificate of occupancy may be issued. The landscape design must identify and size all plants and screenings. Within 60 days of submission of such plans and designs, the Planning Commission shall recommend approval or disapproval of such plans and designs to the City Council, which shall make the final determination as to approval or disapproval.
(4) Permitted uses.
(a) Animal hospital.
(b) Automobile repair - minor.
(c) Contractors’ offices and yards.
(d) Garden center.
(e) Manufacturing.
(f) Manufacturing - light.
(g) Ministorage.
(h) Professional and business office and services.
(i) Public buildings and facilities.
(j) Public parks and playgrounds.
(k) Warehousing.
(5) Permitted accessory uses.
(a) Accessory structures.
(b) Fences.
(c) Landscaping and decorative features.
(d) Off-street loading.
(e) Off-street parking.
(f) Retail sales of products manufactured on the site shall be allowed as an accessory use. A maximum of 20% of the floor area of the total building area. Parking as required for retail uses shall be provided in addition to that required for the principal use. If excessive on-street parking of vehicles occurs, the sales shall cease or be reduced to the level that off-street parking can accommodate.
(g) Signage.
(h) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(6) Conditional uses.
(a) Automobile repair - major.
(b) Commercial kennels.
(c) Commercial wireless telecommunication service.
(d) Daycare facilities for 12 or more persons.
(e) Laboratory, medical or dental.
(f) Multiple parcels, tenants, buildings, provided that the uses are specified as permitted and conditional uses in the district.
(g) Open sales or storage lot.
(h) Public utility structures.
(i) Research/design facilities.
(j) Truck terminal.
(k) Wholesale business.
(7) Prohibited uses.
(a) Whenever a use is not specifically allowed or specifically prohibited, the use shall be considered prohibited, unless the Zoning Administrator determines the proposed use is very similar to an allowed use. If the use is found to be very similar to an allowed use, the proposed use shall be allowed.
(b) Any business or industry that creates excessive odor, noise, air or an environmental pollution problem shall be prohibited.
(8) Minimum lot requirements and setbacks.
(a) Buildings and structures constructed after December 30, 2010 shall meet the following requirements:
1. Minimum lot area: 10,000 square feet.
2. Minimum lot frontage: 70 feet.
3. Minimum lot depth: 100 feet.
4. Maximum lot coverage: 80%.
5. Maximum height: 40 feet.
6. Minimum front setback: 25 feet.
7. Minimum rear setback: 15 feet.
8. Minimum side yard setback: 15 feet.
(b) Buildings and structures existing at the time of December 30, 2010 shall meet the following requirements:
1. Minimum lot area: 6,000 square feet.
2. Minimum lot frontage: 60 feet.
3. Minimum lot depth: 100 feet.
4. Maximum lot coverage: 90%.
5. Maximum height: 40 feet.
6. Minimum front setback: 15 feet.
7. Minimum rear setback: 15 feet.
8. Minimum side yard setback: five feet.
(c) Buildings and structures existing at the time of December 30, 2010 may be expanded according to the following requirements:
1. Minimum front setback: 25 feet.
2. Minimum rear setback: 15 feet.
3. Minimum side yard setback: 15 feet.
(9) Other standards.
(b) Building design and construction materials. In addition to other restrictions of this section and any other chapter, all buildings and structures within the OI District shall be designed to be compatible with surrounding uses in terms of structure and appearance. Pole buildings are permitted.
(d) Driveway restrictions. Each lot within the OI District may have one driveway access, except corner lots may have two driveway accesses. In special situations, as determined by the Planning Commission and City Council, more than one driveway access may be permitted.
(g) Performance standards. Performance standards as to noise, odor, glare, exterior lighting, smoke, fire and safety hazards, water supply, waste disposal and performance testing are found throughout Chapter 153.
(1) Purpose. The C-I District accommodates both commercial and industrial uses that strengthen local employment opportunities and the overall tax base of the city. Businesses in this district are typically dependent on being located in close proximity to a major roadway for high traffic visibility and easy access. Higher quality building materials and design standards provide for an overall positive visual appearance in this district. Furthermore, this district is intended to encourage the development of commercial and industrial uses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants.
(2) Definitions.
ANIMAL HOSPITAL. A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles, tractor, or trailers, including body work, frame work, welding, and major painting surface.
AUTOMOBILE REPAIR - MINOR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service when the service above stated is applied to passenger automobiles and trucks, not in excess of 7,000 pounds gross vehicle weight.
AUTOMOBILE SERVICE STATION. A retail place of business engaged primarily in the sale of motor vehicle sales, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services, and the performance of automotive maintenance and repair.
CLINIC. A building in which a group of physicians, dentists, and/or allied professional assistants are associated for carrying on their profession. The CLINIC may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.
COMMERCIAL CAR WASHES. A principal, accessory building, or part of a principal building equipped with mechanical equipment or conveyor system and other equipment and facilities for washing automobiles.
CONVENIENCE FACILITY. An establishment where the principal use is the sale of gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease or minor accessories, directly to the public on the premises. In addition, household and convenience items, food or other miscellaneous retail goods commonly associated with the same also may be sold.
COMMERCIAL KENNELS. Any place where four or more of any type of domestic pets, over four months of age, are boarded, bred, trained, or offered for sale.
DAYCARE CENTERS, LICENSED. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or development guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the client’s own home. LICENSED DAY CARE FACILITIES include but are not limited to family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, development achievement centers, and adult daycare centers.
DRIVE-THROUGH. Any restaurant, financial institution, product or service vending enterprise where business is transacted through a window or other mechanical device with a patron who is in a vehicle.
FINANCIAL INSTITUTIONS. A commercial banking establishment or savings and loan association chartered by the State of Minnesota or the United States.
GARDEN CENTER. A place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold. These items may include plants, handicrafts, nursery products and stock, landscaping materials, fertilizers, potting soil, hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels, and other garden tools and utensils.
HEALTH AND RECREATIONAL CLUBS. A building with the primary purpose of offering one or more facilities for instruction, training, encouragement, or assistance in physical fitness, in return for the payment of a fee entitling the member to the use of the facilities.
HOTEL. A building containing guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through inside lobby or office supervised by a person in charge.
LABORATORY, MEDICAL OR DENTAL. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient, on direction of physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession.
MANUFACTURING. Manufacturing, processing, packaging, or assembly of products and also breweries, cement production, stone cutting, brick, glass, batteries (wet cell), ceramic products, mill working, metal polishing and platting, paint (pigment manufacturing), rubber products, plastics, meat packing, flour, feed grain milling, milling, food and agricultural products, plastics, coal, tar, distillation of bones, sawmill, lime, gypsum, plaster of paris, glue, size, cloth, and similar use.
MANUFACTURING-LIGHT. Fabrication, processing, or assembly employing only electric or other substantially noiseless and inoffensive power sources, utilizing hand labor or quiet machinery, and processes, and free from neighborhood disturbing agents, such as odors, gas, fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration. Such
uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, signs and displays, printing publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts.
MINISTORAGE. An enclosed storage facility containing multiple individual units used solely for the storage of personal property. These units are intended to be leased or rented to private individuals. This facility is not intended to be used for commercial or industrial storage, nor shall the storage of flammable liquids or other hazardous materials be permitted.
MOTELS. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for use by transient automobile tourists, and furnishing customary hotel services.
OFF-SALE. Retail sale in the original package of any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items, as part of a commercial transaction form the municipal liquor store for consumption away from the dispensary.
ON-SALES. A building with facilities for serving any alcoholic beverages, intoxicating liquor, 3.2% malt liquor or other items and short order foods.
OPEN SALES LOT. Any land used or occupied for the purpose of displaying of goods for sale, rent, lease, or trade, where such goods are not enclosed within a building and under the open sky prior to sale.
OPEN SALES or STORAGE LOT. Any land used or occupied for the purpose of displaying of goods, parts, products, or fuel for sale, rent, lease, trade, or storage, where such goods are not enclosed within a building and under the open sky prior to sale or use.
PHARMACY. Retail sale of any pharmaceuticals or other similar items wherein the merchandise is exhibited or sold.
PLACES OF WORSHIP. A church, synagogue, temple, mosque, or other facility that is used for worship by persons of similar beliefs, or a special purpose building that is designed or particularly adapted for the primary use of conducting on a regular basis, religious services and
associated accessory uses by a religious congregation and which building together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
PROFESSIONAL AND BUSINESS OFFICE AND SERVICES. A building in which professional and management duties and services are carried out, including psychiatrists and psychologists’ offices; architectural, engineering, planning, legal offices, and photographic studios and businesses of a nonretail nature and clerical services and duties are carried out, including, corporate banks, credit unions, insurance and real estate offices.
PUBLIC BUILDINGS. Buildings or structures owned and operated by the city.
PUBLIC PARKS AND PLAYGROUNDS. Includes all uses such as tennis courts, ballfield, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers and other sites, owned and operated by a unit of government for the purpose of providing recreation.
PUBLIC UTILITY STRUCTURES. Persons, corporations or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this chapter, “Commercial Wireless Telecommunication Services” shall not be considered a public utility use and is defined separately.
RECREATIONAL, COMMERCIAL. Includes all uses such as bowling alleys, driving ranges, mini-golf courses, movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
RESEARCH/DESIGN FACILITIES. Medical, chemical, electrical, metallurgical, or other scientific research and quality control, conducted in accordance with the provisions of the zoning ordinance.
RESTAURANTS, FAST FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption: (1) within restaurant building; (2) within a motor vehicle parked on the premises; or (3) off the premises as carry-out orders; and whose principal method of operation includes the following characteristics: (a) food and/or beverages are usually served in edible containers or in paper, plastic or other disposable containers; (b) the customer is not served food at his or her table by an employee, but receives it at a counter, window, or similar facility and carries it to another location on or off the premises for consumption.
RESTAURANTS, STANDARD. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics: (1) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; (2) a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
RETAIL SHOPS AND SERVICES. Stores and shops selling personal services or goods for final consumption or the provision of services to the general public that produce minimal off-site impacts.
WAREHOUSING. Warehousing is the commercial storage of merchandise and personal property.
WHOLESALE BUSINESS. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, individuals or companies.
(3) Special requirements. Approval of building permits (in the case of new construction) or expansion of certificates of occupancy (in the case of existing facilities) for improvements within the C-I District shall require site plan review by the Planning Commission. The Planning Commission shall recommend approval or disapproval of such plans and designs to the City Council, which shall make a final determination as to approval or disapproval.
(4) Permitted uses.
(a) Animal hospital.
(b) Automobile repair: minor.
(c) Automobile service station.
(d) Clinic.
(e) Financial institutions.
(f) Garden center.
(g) Health and recreational clubs.
(h) Laboratory, medical and dental.
(i) Off-sales.
(j) On-sales.
(k) Manufacturing: light.
(l) Ministorage.
(m) Pharmacy excluding drive-through facilities.
(n) Places of worship.
(o) Professional and business office and services.
(p) Public buildings and facilities.
(q) Pubic parks and playgrounds.
(r) Public utility structures.
(s) Recreation, commercial.
(t) Research/design facilities.
(u) Restaurants, fast food, excluding drive-through facilities.
(v) Restaurants, standard, excluding drive-through facilities.
(w) Retail shops and services.
(x) Warehousing.
(y) Wholesale business.
(5) Permitted accessory uses.
(a) Accessory structures, private garages.
(b) Fences.
(c) Landscaping and decorative features.
(d) Off-street loading.
(e) Off-street parking.
(f) Signage.
(g) Temporary buildings located for the purpose of construction on the premises for a period not to exceed the time necessary for such construction.
(h) Temporary outdoor sales.
(6) Conditional uses.
(a) Agricultural uses limited to the raising of crops and forestry.
(b) Automobile repair: major.
(c) Commercial car washes.
(d) Commercial kennels.
(e) Convenience facility.
(f) Day care centers, licensed.
(g) Fast food restaurants with a drive-through.
(h) Financial institutions with drive-through including automated kiosks.
(i) Hotel and motels.
(j) Manufacturing.
(k) Multi-parcels, tenants, buildings provided that the uses are specified as permitted or
conditional uses in the C-I District.
(l) Open sales or storage lot.
(m) Outdoor recreational areas.
(n) Outdoor seating areas for accessory to permitted or conditional uses in the C-I District.
(o) Pharmacy with drive-through.
(p) Public utility structure that is intended for human occupation, occupies an area of more than 500 square feet; or does not exceed the height of the highest building on an adjoining lot or an average grade to peak height of 17 feet.
(7) Prohibited uses.
(a) Acid manufacturing.
(b) Asphalt plants.
(c) Creosote treatment or manufacture.
(d) Distillation processes.
(e) Junkyards.
(f) Livestock feeding yards, slaughterhouse, or processing plant.
(g) Manufacture of explosives.
(h) Mining operations.
(i) Permanent or temporary storage of hazardous waste as a principal use.
(j) Petroleum or ethanol refineries.
(k) Rendering plants.
(l) Sanitary landfills.
(m) Sludge disposal.
(n) Any business or industry that crates an excessive odor, noise, air, or environmental pollution problem.
(8) Minimum lot requirements and setbacks.
(a) Minimum lot area: 20,000 square feet.
(b) Minimum lot width/lot frontage: 100 feet.
(c) Minimum lot depth: 200 feet.
(d) Maximum lot coverage: 75%.
(e) Maximum height: 40 feet.
(f) Minimum front setback: 35 feet.
(g) Minimum rear setback: 25 feet.
(h) Minimum rear setback: abutting arterial roadways: 40 feet.
(i) Minimum rear setback: abutting residential districts: 40 feet.
(j) Minimum side yard setback: 20 feet.
(k) Minimum side yard setback - corner lot: 35 feet
(9) Other standards. Building design and construction materials. In addition to other restrictions of this city code, any building or structure within the C-I District shall meet the following standards:
(a) All buildings shall be designed to be compatible with surrounding uses.
(b) All exterior wall surfaces shall consist of one or more of the following:
1. Brick, brick veneer, or products of similar quality and bricklike appearance.
2. Stone, stone veneer, or products of similar quality and stone-like appearance.
3. Integral color specialty architectural concrete block, such as textured, burnished block, ground block, split (rock) faced block, or other concrete/masonry products of similar quality and appearance.
4. Integral color architecturally precast concrete panels having exposed aggregate, light sandblast, acid etch, form linter, tooled, natural stone veneer, brick face and/or cast stone finish.
5. Glass curtain wall.
6. Copper panel.
7. Stucco.
8. EIFS (Exterior Insulated and Finish System).
9. Other exterior wall products/materials of similar quality and appearance as those materials previously listed (above), as determined by the Planning Commission and City Building Inspector.
(c) Exterior metal wall surfaces. Metal siding/panels are prohibited on all exterior wall surfaces, except for the following:
1. Buildings over 10,000 square feet in area size (at-grade floor area) may incorporate up to 25% prefinished metal siding on exterior side walls. Metal siding may not be used on exterior walls along collector and/or arterial roadways. No unpainted, unfinished, or galvanized metal shall be permitted.
2. The Planning Commission may consider permitting a minimal amount of accessory design features covered with a metal surface, such as awnings or other decorative items, if compatible with the overall design of the building from an aesthetic and architectural standpoint.
(d) All principal buildings and accessory structures shall have a permanent hard surface floor.
(e) All subsequent additions and outbuildings constructed after the erection of an original building construction shall be designed in a manner conforming with the original architectural design and appearance.
(f) All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building. The height of these structures shall not exceed that of the principal structure.
(g) All mechanical equipment, whether roof mounted or ground mounted, shall be completely screened from the ground-level view of adjacent properties and public road.
(10) Landscaping requirements. All areas in the C-I District not covered by buildings, driveways, and paved parking lots shall be seeded, sodded, or covered by ground covered by ground cover deemed acceptable by the Planning Commission. Installation of this landscaping during periods of frost, snow, or drought may be cause for the Planning Commission to require a letter of credit or escrow account. The city may require the screening or fencing of any side or rear yard facing a residential district or major roadway.
(11) Parking requirements. Parking requirements given in § 153.077 are adopted in their entirety as though repeated verbatim in this section, with the following additional requirements:
(a) Driveway restrictions. Each business within the C-I District may have one driveway. At the discretion of the Planning Commission, more than one driveway may be permitted or required. Consideration of multiple driveways, turn lanes and appropriate right-of-ways shall be addressed by the Planning Commission during the overall site plan review prior to issuing a building permit.
(b) Loading area requirements. All loading areas in the district shall be on the side or in the rear of the lot and shall be no less than ten feet from abutting residential areas.
(12) Signage requirements. Requirements given in § 153.079 are adopted in their entirety as though repeated verbatim in this section.
(13) Storage requirements. All outside storage shall be screened from view by dense vegetation, 90% opaque screening/fencing, or earthen berm. All waste containers shall be screened from the view by 90% opaque screening and kept in good repair. Chain link fencing with plastic inserts is prohibited.
(14) Performance standards. Performance standards as to noise, odor, glare, exterior lighting, smoke, fire and safety hazards, water supply, waste disposal and performance testing are found throughout Chapter 153. The following rules shall apply to all uses in this district:
(a) All uses and activities shall be inside buildings, with no outside storage or activity allowed, unless a conditional use permit is granted.
(b) There shall be no noise carrying beyond a lot upon which a business is located, except for normal automobile and pedestrian activity.
(Ord. passed 2-29-1996; Am. Ord. 2006-191, passed 3-30-2006; Am. Ord. 2006-198, passed 6-26-2006; Am. Ord. 2006-203, passed 12-14-2006; Am. Ord. 2006-206, passed 12-14-2006; Am. Ord. 2007-207, passed 1-11-2007; Am. Ord. 2007-209, passed 1-25-2007; Am. Ord. 2008-221, passed 6-28-2008; Am. Ord. 2009-231, passed 7-30-2009; Am. Ord. 2010-239, passed 12-30-2010; Am. Ord. 2011-244, passed 6-30-2011; Am. Ord. 2014-259, passed 11-13-2014; Am. Ord. 2015-265, passed 4-30-2015; Am. Ord. 2016-269, passed 6-9-2016; Am. Ord. 2017-281, passed 11-9-2017; Am. Ord. 2018-287, passed 5-10-2018; Am. Ord. 2018-289, passed 7-26-2018; Am. Ord. 2018-290, passed 11-29-2018; Am. Ord. 2023-319, passed 8-31-2023)