§ 153.092 ACCESSORY USE STANDARDS.

(A) Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands.

(B) General standards and limitations for accessory uses and structures.

(1) Compliance with chapter requirements. All accessory uses and accessory structures shall conform to all applicable requirements of this chapter. The provisions of this section establish additional standards and restrictions for particular accessory uses and structures.

(2) General standards. All accessory uses and accessory structures shall meet the following standards:

(a) Directly serve the principal use or structure;

(b) Be customarily accessory and clearly incidental and subordinate to the principal use and structure;

(c) Be subordinate in area, extent, and purpose to the principal use or structure;

(d) Be owned or operated by the same person as the principal use or structure;

(e) Be located on the same lot as the principal use or structure, subject to the public improvement project exception as regulated by § 153.106(D)(1);

(f) Not be constructed or established prior to the time the principal use or structure is constructed or established, subject to the public improvement project exception as regulated by § 153.106(D)(1);

(g) Together with the principal use or structure, not violate any standards of this chapter;

(h) Not be located within platted or recorded easements or over underground public utilities without an encroachment agreement issued by the Community Development Department;

(i) An accessory building shall be considered an integral part of the principal building if it is connected to the principal building either directly or by an enclosed passageway. Such accessory buildings shall adhere to requirements for the principal building;

(j) If a principal building is proposed to be removed with no immediate replacement, all accessory structures shall also be removed;

(k) Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use).

(3) Location of accessory uses or structures. Except for fences and walls, the following standards shall apply to all accessory structures:

(a) All accessory structures, except as may be specifically denoted, shall be located at least six feet from all lot lines, and at least the minimum distance from public rights-of-way as denoted in the individual zoning district regulations. All such structures must meet applicable building codes related to fire separation distance.

1. A side yard setback of 20 feet shall be maintained from property lines abutting public streets.

(b) Detached accessory buildings shall be six feet or more from any other building or structure on the same lot.

(c) Detached accessory structures shall not be located beyond the front building line established by the principal structure, with the exception of commercial canopies and signs, which must adhere to regulations of this chapter.

(4) Maximum height.

(a) Detached accessory buildings shall not exceed 15 feet in height except in the I-1 and I-2 districts.

(b) No accessory structure shall exceed the height of the principal structure unless specifically allowed by this chapter.

(5) Maximum number of accessory structures. In all residential zoning districts, the following limitations on accessory structures shall apply:

(a) No more than one private, detached major accessory building may be erected for each dwelling;

(b) No more than one private, detached minor accessory building may be erected for each dwelling;

(c) Additional major or minor accessory buildings may be erected if approved via a conditional use permit pursuant to § 153.028(D).

(6) Temporary family health care dwellings opt out. The City of Monticello opts-out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.

(C) Table of permitted accessory uses.

(1) Listed accessory uses. Table 5-4, lists the allowed types of accessory uses and structures within each zoning district. If a specific accessory use is allowed in a district, the column underneath the district is marked with a "P." If a specific accessory use is conditionally permitted in a district, the column underneath the district is marked with a "C." If the accessory use or structure is not allowed in a district, the column is shaded. If there is a reference contained in the column entitled "additional requirements", refer to the cited section(s) for additional standards that apply to the specific accessory use.

(2) Interpretation of unidentified accessory uses.

(a) The Community Development Department shall evaluate applications for accessory uses that are not identified in Table 5-4 on a case-by-case basis using the following standards:

1. The definition of “accessory use” (see § 153.012 – Definitions) and the general accessory use standards and limitations established in § 153.092(B);

2. The additional regulations for specific accessory uses established in § 153.092(D), Specific Standards for Certain Accessory uses;

3. The purpose and intent of the base and overlay districts in which the accessory use or structure is located;

4. Any potential adverse impacts the accessory use or structure may have on other lands in the area as compared to other accessory uses permitted in the district; and

5. The compatibility of the accessory use or structure, including the structure in which it is housed (if applicable), with other principal and accessory uses permitted in the district.

(b) The decision of the Community Development Department to permit or deny an unlisted use or structure is final, but may be appealed pursuant to § 153.028(H).

(3) Table of permitted accessory uses and structures.

TABLE 5-4: ACCESSORY USES & STRUCTURES BY DISTRICT

Use Types

“P” = Permitted

“C” = Conditionally Permitted

“I” = Interim Permitted

Base Zoning Districts

Additional Requirements

A O

R A

R 1

R 2

T N

R 3

R 4

M H

B 1

B 2

B 3

B 4

CCD

P C D

I B C

I 1

I 2

Accessory building - minor

P

See Ord. 776

P

§ 153.092(D)(1)

Accessory building - major

P

C

P

§ 153.092(D)(2)

Adult use - accessory

C

§ 153.092v(D)(3)

Agricultural buildings

P

§ 153.092(D)(4)

Air conditioning units

P

§ 153.060(I)

Automated teller machines (ATMs)

P

§ 153.092(D)(5)

Automobile repair - major

C

§ 153.092(D)(6)

Automobile repair - minor

C

§ 153.092(D)(7)

Boarder(s)

P

§ 153.092(D)(8)

Bulk fuel sales/storage

P

C

§ 153.092(D)(9)

Cocktail room (retail sales accessory to micro-distillery)

C

§ 153.092(D)(10 )

Co-located wireless telecommunicat i-ons antennae

C

§ 153.072(E)

Columbarium (accessory use to cemeteries)

P

§ 153.092(D)(11 )

TABLE 5-4: ACCESSORY USES & STRUCTURES BY DISTRICT

Use Types

“P” = Permitted

“C” = Conditionally Permitted

“I” = Interim Permitted

Base Zoning Districts

Additional Requirements

A O

R A

R 1

R 2

T N

R 3

R 4

M H

B 1

B 2

B 3

B 4

C C D

PCD

I B C

I 1

I 2

Commercial canopies

P

See Ord. 776

P

§ 153.092(D)(12)

Commercial transmission/

reception antennae/

structures

C

§ 153.072(D)

Donation drop-off containers

P

§ 153.092(D)(13)

Drive- through services

C

§ 153.092(D)(14)

Entertainmen t/

recreation - outdoor commercial

C

§ 153.092(D)(15)

EV charging facility, 2 or fewer stations

P

EV charging facility, 3-6 stations

P

C

P

EV charging facility, 7+ stations

C

Fences or walls

P

See Ord. 776

P

§ 153.062

Greenhouse/

conservatory (non- commercial)

P

§ 153.092(D)(16)

Heliports

C

§ 153.092(D)(17)

Home occupations

P

§ 153.092(D)(18)

TABLE 5-4: ACCESSORY USES & STRUCTURES BY DISTRICT

Use Types

“P” = Permitted

“C” = Conditionall y Permitted

“I” = Interim Permitted

Base Zoning Districts

Additional Requirements

A O

R A

R 1

R 2

T N

R 3

R 4

M H

B 1

B 2

B 3

B 4

C C D

PCD

I B C

I 1

I 2

Indoor food/

convenience sales

P

See Ord. 776

P

§ 153.092(D)(19)

Indoor storage

P

§ 153.092(D)(20)

Incidental light manufacturi ng

P

§ 153.092(D)(21)

Machinery/

trucking repair & sales

C

§ 153.092(D)(22)

Office

P

none

Off-street loading space

P

C

P

§ 153.068

Off-street parking

P

§ 153.067

Open sales

P

C

§ 153.092(D)(23)

Operation and storage of agricultural vehicles, equipment, and machinery

P

§ 153.092(D)(24)

Outdoor seating - accessory to restaurant, bar, production brewery with taproom, microdistille ry with cocktail room, and/or brewpubs

P / C

P

/

C

§ 153.092(D)(25)

TABLE 5-4: ACCESSORY USES & STRUCTURES BY DISTRICT

Use Types

“P” = Permitted

“C” = Conditionally Permitted

“I” = Interim Permitted

Base Zoning Districts

Additional Requirements

A O

R A

R 1

R 2

T N

R 3

R 4

M H

B 1

B 2

B 3

B 4

C C D

P

C

D

I B C

I 1

I 2

Outdoor sidewalk sales & display (businesses)

P

See Ord. 776

P

§ 153.092(D)(26)

Outdoor

storage

P

P / C

Residential § 153.092(D)(27)( a)

Industrial § 153.092(D)(27)( b)

Park facility buildings & structures (public)

P

§ 153.092(D)(28)

Private amateur radio

P

§ 153.092(B)

Private receiving antennae and antenna support structures

P

§ 153.072(C)

Retail sales of goods (as part of an office or industrial use)

P

C

§ 153.092(D)(29)

Shelters (storm or fallout)

P

§ 153.092(D)(30)

Sidewalk café

P

City Code

Sign(s)

P

§ 153.092(D)(31)

Solar energy system

P

§ 153.092(D)(32)

Swimming pool

P

§ 153.092(D)(33)

TABLE 5-4: ACCESSORY USES & STRUCTURES BY DISTRICT

Use Types

“P” = Permitted

“C” = Conditionally Permitted

“I” = Interim Permitted

Base Zoning Districts

Additional Requirements

A O

R A

R 1

R 2

T N

R 3

R 4

M H

B 1

B 2

B 3

B 4

C C D

P

C

D

I B C

I 1

I 2

Taproom (retail sales accessory to production brewery)

C

See Ord. 776

C

§ 153.092(D)(34)

Large trash handling and recycling collection area

P

§ 153.092(D)(35)

Wind energy conversion system, commercial

C

§ 153.092(D)(36)

Wind energy conversion system, non- commercial

C

§ 153.092(D)(37)

Wireless telecommun-

ications support structures

C

§ 153.062(E)

§ 153.062(F)

(D) Additional specific standards for certain accessory uses.

(1) Accessory building – minor.

(a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations.

(b) In the M-H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot.

(2) Accessory building – major.

(a) In all residential districts except M-H, the following shall apply:

1. Size.

a. Except by conditional use permit issued pursuant to § 153.092(D)(3)(a)1.b. below, no detached accessory building shall exceed 10% of the rear yard of the parcel on which it is located, nor shall any combination of attached garage and detached accessory building exceed the following maximum area, whichever is less:

(i) 1,200 square feet; or

(ii) The gross square footage of the principal building footprint.

b. The size limitations for accessory building area listed in § 153.092(D)(3)(a)1.a. above may be increased, up to a maximum square footage of 1,500 square feet, by the issuance of a conditional use permit when the following conditions are found to exist:

(i) Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling, and no accessory building space is to be utilized for commercial purposes.

(ii) The parcel on which the accessory building is to be located is of sufficient size such that the building will not crowd the open space on the lot.

(iii) The accessory building will not be so large as to have an adverse effect on the architectural character or reasonable residential use of the surrounding property.

(iv) The accessory buildings shall be constructed to be similar to the principal building in architectural style and building materials.

2. Private garages.

a. Private garages shall be used by the family or families residing upon the premises, except as follows:

(i) One-half of the private garage spaces on the premises can be rented to non-residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers, or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property.

b. No business, service, or industry shall be carried on within a private garage;

c. Private garages shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit.

3. Accessory buildings, major, shall be required to meet the building materials standards as found in § 153.070(C) as applicable.

(b) In the M-H district, the standards of § 153.091(C)(4)(b)8. shall apply.

(c) In all business and industrial districts, commercial or business buildings and structures for a use accessory to the principal use is permitted provided that:

1. In all districts except I-2, such use shall not exceed 30% of the gross floor space of the principal use.

2. In the I-2 district, such use shall not exceed 40% of the gross floor space of the principal use.

(3) Adult use/accessory activities provided that:

(a) Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not permitted and are prohibited.

(b) An adult use which does not qualify as an accessory use shall be classified as an adult use/principal.

(c) Adult use/accessory activities shall be prohibited from locating in any building which is also utilized for residential purposes.

(d) Adult use/accessory activities shall comprise no more than 10% of the floor area of the establishment in which it is located or shall comprise an area no greater than 100 sq. ft. of floor area in which it is located, whichever is smaller.

(e) Adult use/accessory activities shall be restricted and prohibited from access to minors by the physical separation of such items from areas of general public access:

1. Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.

2. Magazines. Publications classified or qualifying as adult uses shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

3. Other use. Adult use/accessory activities not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.

(f) Adult use/accessory activities shall be prohibited in establishments where liquor is served.

(g) Adult use/accessory activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are admitted.

(4) Agricultural buildings. Agricultural buildings shall adhere to overlay and base zoning district requirements for maximum height, but may exceed the height of the principal structure in the A-O zoning district.

(5) Automated teller machines. Drive-up or drive-through ATMs shall be located in a manner that will not result in stacking of vehicles in a public right-of-way.

(6) Automobile repair – major.

(a) Door opening to service area garage must not face street frontage.

(b) All vehicles being serviced and all vehicle parts must be stored inside or in designated vehicle storage area.

(c) Repair of all vehicles shall occur within an enclosed building.

(d) Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25% of the buildable area of the lot, is located behind the front building line of the principal structure, and is screened with a wooden fence or masonry wall in accordance with § 153.062, Fences and Walls.

(e) The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the Community Development Department.

(f) No conditional use permit shall be granted for an auto repair shop - major located within 300 feet of a residential zone existing at the time the conditional use permit is granted.

(7) Automobile repair -- minor.

(a) The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

(b) Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25% of the buildable area of the lot, is located behind the front building line of the principal structure, and is screened with a wooden fence or masonry wall in accordance with § 153.062, Fences and Walls.

(c) Vehicles not being repaired but used as a source of parts shall be prohibited unless fully enclosed within a building or fully screened in accordance with division (b) above.

(d) Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30-day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

(8) Boarders.

(a) Within the A-O zoning district, the boarding or renting of rooms shall be limited to two persons per dwelling unit.

(b) Within the R-1 zoning district, the boarding or renting of rooms shall be limited to one person per dwelling unit.

(9) Bulk fuel sales and storage.

(a) All accessory use bulk fuel storage must be associated with the principal activity on the site. In Industrial Districts, accessory fuel dispensing shall not be available for sale to the public.

(b) Accessory use bulk fuel storage tank containers shall be limited to 1,000 gallons.

(c) Accessory use bulk fuel storage may not be located within the required front yard setback.

(d) Accessory use bulk fuels storage facilities shall include one shrub landscaping planting per every ten feet of bulk fuel facility perimeter, planted in accordance with required safety clearances.

(e) Accessory use bulk fuel storage shall be setback ten feet from all property lines and 20 feet from any public right-of-way.

(f) Accessory use bulk fuel storage must include a containment structure and bollards for tank protection per applicable fire code or other regulations.

(g) Accessory use bulk fuel storage facilities shall comply with all MPCA and State Fire Marshal requirements, all other permit, testing and listing requirements, and all applicable codes and standards such as NFPA 58.

(h) Accessory use bulk fuel storage facilities located within the drinking water supply management area (DWSMA) must comply with the City Engineer’s recommendations for site and containment arrangement.

(10) Cocktail rooms. Cocktail rooms shall be conditionally permitted as accessory uses only to a micro-distillery as a principal use and subject to those conditions found in § 153.091 for micro-distillery.

(11) Columbarium. Accessory use to cemeteries only. Subject to the following:

(a) Columbarium structures shall set back a minimum distance of 50 feet from all lot lines and public right-of-way.

(b) The principal use cemetery shall comply with all other applicable requirements of the zoning ordinance, with the exception of the requirement for distance from I-94.

(c) No portion of the columbarium shall exceed height requirements for accessory buildings in the district in which the structure is located.

(d) The columbarium shall be constructed of masonry materials for all exterior surfaces, with architectural metals and glass for details and openings only.

(12) Commercial canopies.

(a) Canopies shall not be internally illuminated.

(b) Lighting shall be recessed and down directional.

(13) Donation drop-off containers.

(a) No more than one container shall be located on a parcel.

(b) Be limited to one sign no more than four feet high and 16 square feet in area that displays the name and telephone number of the party responsible for the donation container.

(c) The container shall not block access to required parking spaces or parking lot aisles.

(d) The container shall not be located within 50 feet of a dwelling.

(14) Drive-through service.

(a) In general, all drive through service lanes shall adhere to the following:

1. Service provided by the drive through facility is accessory to an interior on-site service within the same building.

2. Drive-through facilities shall be located at least 200 feet from all residential zoning districts except R-3 and R-4.

3. Drive-through lanes shall be designed to avoid disruption of pedestrian and vehicular traffic flow, both on- and off-site.

4. Drive-through lanes shall not be located between the restaurant entrance and customer parking spaces whenever possible.

5. Landscaping and other site improvements are included which screen automobile stacking space from the public street.

6. Voice amplifiers used in conjunction with drive-thru services shall not be audible to adjoining residential areas.

7. Minimum stacking space shall be provided per the requirements of Table 5-5:

TABLE 5-5: REQUIRED STACKING SPACES FOR DRIVE-THROUGHS
Use or Activity [1]	Minimum Number of Stacking Spaces (per lane)	Measured From [2]
Automated teller machines (ATMs)	3	Teller machine
Financial institution	3	Teller window
Personal services (e.g. dry- cleaning)	4	Window
Restaurants	8 per order board	Pick-up window
Retail commercial uses (e.g. pharmacy)	4	Window
Specialty eating establishments - coffee shops	12	Window
Other	Uses not specifically listed shall have their stacking space minimums determined by the Community Development Department based on standards for comparable uses listed above.
[1]: See Table 5-1: Uses By District, and/or Table 5-4: Accessory Uses by District [2]: Distance shall be measured from window where products are delivered when more than one window is used for the drive through service.

(b) Drive through service within the CCD district shall adhere to the following additional standards:

1. The principal building occupies no less than 40% of the property, exclusive of easements devoted to public pedestrian use or other outdoor public spaces.

2. The building, site, and signage meet the standards for the “CCD” district, and design review is conducted by the Planning Commission.

3. The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and Downtown Revitalization Plan.

(15) Entertainment/recreation – outdoor commercial.

(a) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Table 4-2, Buffer Type “C”) in accordance with § 153.060(G).

(b) Adequate measures to contain the proposed activity on the subject site shall be provided.

(c) Dust and noise are controlled consistent with City Ordinance.

(16) Greenhouse/conservatory (non-commercial). Greenhouses or conservatories accessory to residential units shall not be used for commercial purposes.

(17) Heliports. Heliports shall be limited to hospitals which require such for responding to medical emergencies.

(18) Home occupations.

(a) Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process.

(b) Application. Subject to the nonconforming use provision of this chapter, all occupations conducted in the home shall comply with the provisions of § 153.092(D)(18). This section shall not be construed, however, to apply to home occupations accessory to farming.

(c) Exempted home occupations. Daycare home facilities shall be governed by the regulations for “group residential facilities” which are subject to the standards in § 153.091(C)(3).

(d) General provisions applicable to all home occupations. All home occupations shall comply with the following general provisions:

1. All home occupations shall comply with the provisions of the City Code.

2. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods.

3. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

4. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses.

5. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

6. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

7. The home occupation shall meet all applicable fire and building codes.

8. All signage on the property shall conform to requirements for residential signs in § 153.064.

9. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless said occupation is contained entirely within the principal building and will not require any on-street parking facilities.

10. No home occupation shall generate more traffic than one car for off-street parking at any given point in time.

11. If located in the CCD district, the home occupation must meet all requirements for a “permitted home occupation” enumerated in § 153.092(D)(18)(e) below.

(e) Specific requirements for permitted home occupations. Permitted home occupations may be conducted without any city approvals provided the provisions applicable to all home occupations [§ 153.092(D)(18)(d)] and the following additional provisions are all met:

1. Employees of the business who do not reside on the premises shall be prohibited from conducting any business activities whatsoever on the premises.

2. All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in an accessory building.

3. No customer visits to the premises shall be permitted.

4. No deliveries other than those routinely made in a residential district (U.S. Mail, United Parcel Service, etc) shall be permitted.

5. The home occupation shall not be used as a work staging area whereby employees report to the home occupation site to receive work assignments for working elsewhere.

(f) Specific requirements for administrative home occupations.

1. Administrative home occupations may be established only after securing an administrative home occupation permit from the Community Development Department. Examples of home occupations allowed by permit include: art studio, dressmaking, secretarial services, foster care, professional offices and teaching with musical, dancing, and other instructions which consist of no more than one pupil at a time and similar uses.

2. Administrative home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than that which is typically found in a dwelling; teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for brand name products that are not marketed and sold in a wholesale or retail outlet.

3. All administrative home occupations shall comply with the provisions applicable to all home occupations [§ 153.092(D)(18)(d)] and the following additional provisions in order to obtain a permit:

a. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance from no more than one person, and that this exception would not compromise the intent outlined in § 153.092(D)(18)(a).

b. All administrative home occupations shall be conducted entirely within the principal building and may not be conducted in an accessory building.

c. Customer visits to the home occupation shall be arranged by appointment with no more than one customer scheduled to be on the premises at any given point in time.

d. No deliveries other than those routinely made in a residential district (U.S. Mail, United Parcel Service, etc) shall be permitted.

e. The home occupation shall not be used as a work staging area whereby employees report to the home occupation site to receive work assignments for working elsewhere.

(g) Specific requirements for conditionally permitted home occupations.

1. Conditionally permitted home occupations may be established only after securing a conditional use permit subject to the requirements of § 153.028(D). Examples of conditionally permitted home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, skate sharpening, small appliances and small engine repair and the like.

2. All conditionally permitted home occupations shall comply with the provisions applicable to all home occupations [§ 153.092(D)(18)(d)] and the following additional provisions in order to obtain a permit:

a. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance from no more than four people, and that this exception would not compromise the intent of § 153.092(D)(18).

b. The home occupations shall not create a parking demand in excess of that which can be accommodated on the premises as regulated by § 153.067, or five vehicles, whichever is less.

c. No vehicle on the premises shall be parked closer than 15 feet from the curb line.

d. Areas for stock-in-trade incidental to the performance of the service and equipment other than that which is typically found in a dwelling shall be identified on a site plan, and the applicant shall need to successfully demonstrate how such can be accommodated out of view from neighboring properties.

(h) Inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

(19) Indoor food/convenience sales. Indoor food/convenience sales occurring as an accessory use shall comply with the following standards:

(a) Size. The square footage used by food sales operations, including preparation, sales, and storage, but not including dining, shall not exceed 30% of the principal use.

(b) Location.

1. To the maximum extent practicable, food sales areas shall be internal to the principal use they serve.

2. In residence districts, such accessory uses shall be limited to schools, colleges, universities, hospitals, airports, bus stations, and other similar institutions permitted in the district.

(c) Entrances. Entrance to the food sales area shall be via the principal use it serves and shall not have dedicated off-street parking areas or signage.

(20) Indoor storage.

(a) The area used for storage shall not exceed 35% of gross floor area square footage of the principal use.

(b) Storage shall be related to the products being sold or offered by the principal use.

(c) If located within the CCD, storage accessory uses may be located on an adjacent or adjoining parcel within the CCD, subject to above regulations.

(21) Incidental light manufacturing.

(a) Light manufacturing or assembly are permitted accessory uses in all industrial zoning districts subject to the restrictions for the primary use outlined in this chapter.

(b) Light manufacturing or assembly of products in commercial zoning districts shall only be conducted if:

1. The manufacturing or assembly is related to the products being sold or offered by the principal use.

2. No less that 40% of the goods manufactured or assembled as part of the accessory use shall be sold in a retail outlet for the principal use.

3. The retail outlet for the principal use shall be used for display, consumption, sale and other retail activity related to the goods produced by the accessory use, and such retail activity (whether display, consumption and/or sale) must constitute a minimum of 50% of the gross floor area of the principle use.

4. The area used for light manufacturing or assembly activity shall not exceed 30% of the gross floor area of the principal use.

5. The light manufacturing or assembly shall be compatible with adjacent property owners, tenants, and civic institutions as well as proposed uses as found in the comprehensive plan.

6. The light manufacturing or assembly shall be very specific, and only be allowed in conjunction with a specific business activity (i.e. authorization for manufacturing monuments shall only be allowed as an accessory use to a monument shop. If the principal use changes to cell phone sales, the accessory use of manufacturing monuments shall cease).

(22) Machinery/trucking repair and sales and industrial services.

(a) The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the Community Development Department.

(b) A drainage system subject to the approval of the Community Development Department shall be installed.

(c) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type “D”) in accordance with § 153.060(G).

(d) Provisions are made to control and reduce noise.

(e) No other outside storage except as permitted or conditionally permitted in compliance with § 153.092(D)(26).

(f) If the business repairs semi-trucks or other large machinery, a specific area shall be designated for the exterior storage of the things being repaired and/or other vehicles and equipment accessory and incidental to the vehicle or machinery being repaired or serviced.

(23) Open sales. In commercial and industrial districts where open sales is conditionally permitted, the following standards shall apply:

(a) Outside services, sales and equipment rental connected with the principal uses is limited to 30% of the gross floor area of the principal use. This percentage may be increased through issuance of the conditional use permit.

(b) Outside sales areas are fenced or screened from view of residentially zoned areas and public right-of-way in compliance with § 153.060(I).

(c) All lighting shall be in compliance with § 153.063.

(d) Sales area is grassed or surfaced to control dust.

(e) Does not take up parking space as required for conformity to this chapter.

(24) Operation and storage of agricultural vehicles, equipment, and machinery. Vehicles, equipment, and machinery being stored shall be incidental to a permitted or conditionally permitted uses.

(25) Outdoor seating – accessory to restaurant, bar, production brewery with taproom, micro-distillery with cocktail room, and/or brewpubs.

(a) For all restaurants, restaurant/bars, production brewery with taproom, microdistillery with cocktail room, and/or brewpubs, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply:

1. The use shall require authorization through a conditional use permit.

2. Primary access from local residential streets shall be prohibited.

(b) Restaurants, restaurant/bars, production brewery with taproom, microdistillery with cocktail room, and/or brewpubs having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:

1. The outdoor portions of the facility shall not operate after 10:00 p.m. unless a special event permit for such event has been approved by the City Council. Such a permit supersedes the provisions of City Code.

2. No noise or music shall be generated in any outdoor seating area adjacent to residential property after 9:00 p.m.

3. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

4. Outdoor seating shall be fenced and enclosed to control access to the area, with service only from the inside of the facility.

5. No outdoor seating area shall be located within 100 feet of any property containing single-family, two-family, or townhouse residential units.

6. Any outdoor seating area adjacent to residential property shall be fenced and fully screened from view of said residential property.

7. All lighting shall be hooded and light glare or reflection shall not be visible from adjoining residential property.

8. Fences are permitted for outdoor seating areas, provided such fence maintains 50% opacity within front yard areas.

(26) Outdoor sidewalk sales and display. Outdoor sidewalk sales and display areas associated with legally permitted retail uses shall:

(a) Not encroach into areas necessary for the safe ingress and egress into the retail structure;

(b) Maintain a minimum pedestrian walkway of at least five feet in width along the front of the display;

(c) Take place only on an improved dustless surface;

(d) May not take up required parking;

(e) The area of the site devoted to sidewalk sales and display under this section shall not exceed 5% of the gross floor area of the principal use. Sidewalk sales and display which exceed 5% of the gross floor area of the principal use may be allowed by conditional use permit.

(27) Outdoor storage.

(a) In all zoning districts, all materials and equipment, except as specifically denoted in this chapter, shall be stored within a building or fully screened so as not to be visible from adjoining properties except for the following:

1. Clothes line pole and wire.

2. Recreational equipment and vehicles, subject to off-street parking regulations in § 153.067.

3. Construction and landscaping material currently being used on the premises.

4. Off-street parking of passenger vehicles, emergency vehicles and small commercial vehicles in residential areas, unless otherwise required to be screened according to § 153.067.

5. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which do not exceed 1,000 gallons in capacity and shall not be located within five feet of any property line.

6. Wood piles in which wood is stored for fuel provided that not more than ten cords shall be stored on any property. A cord shall be four-feet by four-feet by eight-feet.

7. All wood piles shall be five feet or more from the rear and side yard property lines and shall be stored behind the appropriate setback line in front yards.

8. Solar energy systems.

9. Wind energy conversion systems.

(b) In the I-1 and I-2 districts, the following shall apply:

1. When abutting a zoning district or use other than industrial, the outdoor storage use shall require authorization through a conditional use permit following the provisions of § 153.028(D).

2. The storage area shall be located within the rear yard, except that an outdoor storage area may also include that area between the front building line and the rear yard along the interior lot side. Storage may not be located beyond the side building line on the street side of a corner lot. On a double-fronting lot, outdoor storage may be located in the side yard only.

3. In the I-1 District, outdoor storage shall be limited to 50% of the gross square footage of the principal building. Storage may be increased up to 100% of the gross square footage of the principal building by conditional use permit.

4. In the I-2 District, outdoor storage shall be limited to an area not to exceed the gross square footage of the principal building.

5. In the I-1 District, outdoor storage areas shall meet the minimum building setback from all side and rear property lines per the requirements of this chapter and when adjacent to zoning districts or uses other than industrial, shall be located a minimum of 50 feet from the adjacent property line.

6. In the I-2 District, outdoor storage shall be setback ten feet from all side and rear property lines and when adjacent to zoning districts or uses other than industrial, shall be located a minimum of 50 feet from the adjacent property line.

7. The area is fenced and screened from view of neighboring uses and from the public right-of-way in compliance with this section.

a. In the I-1 district, screening shall consist of masonry walls or fencing constructed of wood or vinyl and shall provide for 100% opacity. Such fences or walls shall meet all other requirements of § 153.062.

b. In the I-2 District, metal fences may be permitted when the materials have been recycled and reprocessed to resemble new building materials and are designed for use as a fencing material, and when such materials are designed to resemble allowed materials as listed in § 153.062(J)(1).

c. Additional landscaping of one evergreen tree per six feet of linear fenceline is required to be planted along the exterior of outdoor storage area in conformance with § 153.060. Trees may be staggered along fenceline.

d. Fences and walls shall not exceed 15 feet in height as measured from the existing grade to the top of the fence panel.

e. Height of storage may not exceed the screening wall or fence, or the height of required landscaping.

8. Outdoor storage shall be allowed only on improved surface of asphalt or concrete.

9. Storage in shipping containers shall be prohibited unless such storage occurs within the screened outdoor storage area.

10. There shall be no storage of hazardous waste, as defined by the Minnesota Pollution Control Agency.

11. Exterior storage areas shall comply with all applicable fire codes and no portion of the outdoor storage shall block access to hydrants, fire sprinklers, or other fire-fighting equipment.

12. Noise shall be controlled consistent with the standards of this chapter.

13. All lighting shall be in compliance with § 153.063.

14. Does not take up parking space as required for conformity to this chapter.

15. Outdoor storage areas shall comply with all requirements for grading, drainage, stormwater management and erosion control per § 153.069.

(28) Park facility buildings and structures. Limitations on number and size for accessory buildings and structures shall not apply to active or passive public park facilities.

(29) Retail sales of goods (as part of an office or industrial use).

(a) Location:

1. All sales are conducted indoors within a clearly defined area of the principal building reserved exclusively for retail sales. Said sales area must be physically segregated from other principal activities in the building.

2. The retail sales area must be located on the ground floor of the principal building.

(b) Sales area. The retail sales activity shall not occupy more than 15% of the gross floor area of the building.

(c) Access. The building where such use is located is one having direct access to a collector or arterial level street without the necessity of using residential streets.

(d) Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The provisions of this section are considered and satisfactorily met.

(30) Shelters (storm or fallout). Storm and fallout shelters shall not alter the character of the premises with respect to the primary use as permitted in the district.

(31) Sidewalk café.

(a) Sidewalk cafes shall be subject to the requirements of the City Code.

(32) Sign(s). All signs within the city shall comply with the finishing standards contained in § 153.064, Signs.

(33) Solar energy systems.

(a) All solar energy systems.

1. All solar energy systems shall be operable and maintained in good repair.

2. Solar energy systems shall meet all required setbacks and height requirements of the underlying zoning district.

3. Solar energy systems shall be an integral part of the structure to which they are attached.

4. As a means of evidencing existing solar access conditions prior to installation, the owner of a solar energy system may file notarized photographs of the subject area with the Community Development Department prior to installation of said system.

5. Solar energy systems shall be allowed on roofs of principal and accessory buildings, provided other requirements of this section are met.

6. Solar energy systems shall be designed to minimize glare with adequate screening and/or coatings, as appropriate.

7. Solar energy systems shall be located in such a way as to be screened from visibility of the public right-of-way, or shall be integrated into the architecture of the structure so as to be visually inconspicuous.

8. Ground-mounted solar energy systems shall be located only in the rear yard of residential property, and shall not occupy an area more than 20% of the size of the perimeter foundation of the principal building.

(b) Solar energy systems in Business (B) and Industrial (I) districts and the CCD District.

1. Solar energy systems in the B, I, and CCD Districts shall comply with the provisions of § 153.092(D)(33)(a)1. through 4.

2. Roof-mounted solar energy systems in these districts shall be allowed as permitted accessory uses on principal and accessory buildings, provided such systems do not extend more than six feet above the height of the roof where they are mounted.

3. Ground mounted solar energy systems in these districts shall be allowed by conditional use permit, and together with accessory buildings, shall not exceed an area of any parcel greater than that allowed for accessory buildings in the applicable zone.

4. Ground mounted solar energy systems in these districts shall be allowed only when the property owner can show that roof-mounted systems are not feasible due to building structural issues.

(34) Swimming pools.

(a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24 inches in depth must be fenced in accordance with the provisions of § 153.092(D)(34)(b) below.

(b) Residential swimming pool fences shall be constructed as follows:

1. Residential swimming pool fences must be at least 48 inches in height. The fence must not permit the passage of a four-inch sphere through openings in the fence. Fences must be constructed of durable, corrosion- and decay- resistive materials. Openings below the fence to grade must not exceed four inches.

2. Where an above-ground pool structure has walls that are at least four feet in height, the pool wall may serve to meet the fencing requirements; however, the access to the pool must provide equivalent protection to prevent unauthorized entry.

3. Fences for swimming pools must include a self-closing, self-latching device on all gates. Latches must be installed at least three feet six inches above grade. Gates must not exceed four feet in width and must meet the same construction requirements as fences. You must provide temporary fencing during installation if your yard is not fenced. Building permits are required for fences exceeding six feet in height.

(c) Commercial swimming pool fences shall be not less than five feet in height and constructed as required by the Minnesota Department of Health.

(d) In addition to the requirements above, all swimming pools shall adhere to the City Code requirements for swimming pools outlined in City Code.

(35) Taprooms. Taprooms shall be conditionally permitted as accessory uses only to production brewery as a principal use and subject to those conditions found in § 153.091.

(36) Trash handling and recycling collection area.

(a) Multiple-family structures with more than four dwelling units shall adhere to the following:

1. All large trash handling and recycling collection area(s) shall be located within the principal structure and be totally screened from public view by the principal building.

2. Compactors that are attached to the principal structure shall be totally screened from eye level view from public streets and adjacent properties by a screening wall constructed of the same building material as the principal structure.

(b) Trash handling and recycling collection area(s) serving commercial and industrial uses shall be subject to the following standards:

1. Depicted on site plans. The location and configuration of screening for large trash handling and recycling collection areas shall be depicted on all required landscaping plans.

2. Screening configuration.

a. Large trash handling and recycling collection areas shall be fully screened from adjacent properties.

b. In cases where access to large trash handling and recycling face a public right-of-way, the access way shall be screened with an opaque gate. Chain link shall not be used for such gates.

c. Compactors that are attached to the principal structure shall be totally screened from eye level view from public streets and adjacent non-industrial properties by a screening wall constructed of the same building material as the principal structure.

3. Setbacks.

a. Large trash handling and recycling shall meet the required setbacks for structures as required in the underlying zoning district.

b. In all cases, large trash handling and recycling collection areas shall be at least six feet from a side or rear lot line, and shall not be located within front yards or corner side yards.

4. Design materials. If a wall or detached accessory structure is used to screen or define a large trash handling and recycling collection area, the building materials used for the wall or accessory structure shall be compatible with the principal structure and be readily served through swinging doors.

5. Ground surface requirements. Areas intended for large trash handling and recycling collection areas shall be surfaced with concrete that meets or exceeds minimum city standards.

6. Drainage. Eating establishments and other uses that produce significant amounts of liquid waste shall configure areas intended for large trash handling and recycling collection areas to drain to the sanitary sewer system through grease traps or similar devices as required by the Community Development Department.

(37) Wind energy conversion system – commercial. All commercial WECS systems shall adhere to the requirements of § 153.071.

(38) Wind energy conversion system – non-commercial.

(a) Non-commercial WECS systems shall have a total height of less than 200 feet.

(b) All non-commercial WECS systems shall adhere to the requirements of § 153.071.

(39) Electric vehicle charging station facility.

(a) Electric vehicle charging stations of two or fewer chargers, may be allowed as permitted accessory uses to any principal use of property in any zoning district, provided:

1. The facilities, including the charging stations, transformers, batteries, inverters, or any other equipment provided for such use are located no closer than 20 feet from any public street right-of-way.

2. In residential districts, such facilities shall only be provided within a building, such as a garage or other approved structure, except that the power receptacle and coupler may be placed on the outside of a building for external connection. The facilities shall not be available to the general public.

3. If the facilities are located within a building, such building shall meet all required building setbacks and other building standards as required by the applicable zoning district.

4. The facilities are available to vehicles parked in legal parking spaces on the property.

5. The facilities may service vehicles that occupy required parking for the subject property.

6. The facilities include only directional or informational signage that is in compliance with the requirements of the city's sign ordinance. The use shall not expand the allowable signage on the subject property.

7. The facilities shall be serviced by electric lines on the subject property which are buried underground.

(b) If the proposed accessory EV charging/fueling station facility is of more than two chargers and is to be located on property subject to a conditional use permit or planned unit development, an amendment to such CUP or PUD shall be processed and approved according to the applicable regulations.

(c) If the proposed accessory EV charging facility is to be located on a commercial or industrial property where the facility is available only to the employees of the business, or a multiple family property where the facility is available only to tenants of the property, and in either case, not to the general public, the number of charging stations may exceed two as a permitted accessory use. Any such facility that provides seven or more such charging stations shall do so through approval of a conditional use permit.

(Ord. 797, passed 2-13-2023; Ord. 799, passed 2-27-2023)