TITLE XV: LAND USAGE

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TITLE XV: LAND USAGE

Chapter

150. GENERAL PROVISIONS

151. ZONING

152. SUBDIVISION CONTROL

153. ANTI-BLIGHT REGULATIONS

CHAPTER 150: GENERAL PROVISIONS

Section

150.01 Minnesota Accessibility Code

150.02 Contractor's license required

150.03 Manufactured homes

150.04 Amateur radio support towers

150.05 Location of sexually oriented businesses

150.06 Compliance with code

§ 150.01 MINNESOTA ACCESSIBILITY CODE.

(A) The Minnesota Accessibility Code, established pursuant to M.S. §§ 326B.01 - 326B.998, as they may be amended from time to time, and as provided for in Minn. Rules Ch. 1341, as it may be amended from time to time, is adopted as the building code for accessibility in this city. M.S. § 326B.16 provides that a city which has not adopted the Uniform State Building Code is nevertheless responsible for the enforcement of the Minnesota Accessibility Code, and this section is intended to comply with that requirement.

(B) No building subject to the provisions of the Minnesota Accessibility Code shall be constructed, reconstructed or substantially altered, or undergo a change in use within the city unless the building will comply with the Minnesota Accessibility Code after the construction or alteration is completed or the change in use occurs.

(C) Any person who constructs, reconstructs or substantially alters any building subject to the Minnesota Accessibility Code, or changes the use of any such building shall, before construction or alteration begins, certify to the City Clerk that the applicable provisions of the Minnesota Accessibility Code will be complied with.

(D) No person shall be issued a building, zoning or land use permit unless they certify that any structure to be located on the property shall be constructed or reconstructed in compliance with the handicapped accessibility provisions, if they apply to the structure to be constructed, substantially altered or reconstructed.

(E) A violation of this section is a misdemeanor punished as provided for in § 10.99.

§ 150.02 CONTRACTOR'S LICENSE REQUIRED.

No residential building contractor, residential remodeler, or other person who is required to be licensed by the state under the provisions of M.S. §§ 326B.805 B 326B.89, as they may be amended from time to time, and no person employing a residential contractor, who is required to be licensed, shall be issued a building, zoning or land use permit unless that contractor is licensed. Any person applying for a permit who is required to have a state license but who does not have a state license shall be reported to the State Commissioner of Commerce, who may begin an action against the person.

Penalty, see § 10.99

§ 150.03 MANUFACTURED HOMES.

After the date of the adoption of this code, only manufactured homes which comply with the Manufactured Home Building Code established by M.S. § 327.31 may be located in and used as a dwelling within the city. A mobile home, manufactured home, house trailer or other mobile dwelling which does not comply with the Manufactured Home Building Code and which is used as a residence after the date of the adoption of this code is a nonconforming use as defined by M.S. § 462.357, Subd. 1e, as it may be amended from time to time, and this nonconforming use may be continued, including through repair, maintenance, replacement, restoration or improvement but if the nonconformity or occupancy is discontinued for a period of more than one year, or the nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value and no building permit is applied for within 180 days of when the property is damaged, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

Penalty, see § 10.99

§ 150.04 AMATEUR RADIO SUPPORT TOWERS.

Amateur radio support structures (towers) shall not exceed a height above ground level of 70 feet, unless a conditional use permit has been granted by the City Council. They shall be mounted on the roof of a dwelling or other building or located in the rear yard unless there is not sufficient space to erect them in those locations. They shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.

§ 150.05 LOCATION OF SEXUALLY ORIENTED BUSINESSES.

(A) Findings. The City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the city's neighborhoods. In making these findings, the City Council accepts the recommendation of the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses dated June 6, 1989, a copy of which is adopted by reference and included in Appendix II of Chapter 119 of this code. This § 150.05 shall have no force and effect until the City Council accepts these recommendations by resolution of a majority of its members, using the model resolution contained in Appendix I of Chapter 119 of this code.

(1) Sexually-oriented businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other uses.

(2) Residential and commercial neighborhoods located within close proximity to sexually oriented businesses experience the following negative impacts:

(a) Increased crime rates, particularly in sex-related crimes such as rapes, prostitution, indecent exposure and other lewd and lascivious behavior;

(b) Property values which are either diminished or fail to appreciate at the rate of other comparable properties not located in proximity to sexually oriented businesses;

(d) Deteriorated neighborhood appearance from litter and graffiti;

(e) Sex-related harassment of residents and customers by motorists and pedestrians;

(f) A perception that the area is “unsafe;” and

(g) Difficulty in attracting and retaining customers, employees, and desirable tenants.

(3) The adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented business increases.

(4) The adverse impacts of sexually-oriented businesses are exacerbated when the uses are located near each other.

(5) The presence of liquor establishments in the immediate vicinity of sexually oriented businesses also compounds the adverse impacts on the neighborhood.

(6) Sexually oriented businesses can exert a dehumanizing influence on persons attending places of worship, children attending day care centers or schools, and people using public parks and libraries.

(7) Sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area where they are located, thereby exacerbating the shortage of affordable and habitable housing for city residents.

(8) The concentration of sexually oriented businesses in one area can have a substantially detrimental effect on that area and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating: other businesses move out of the vicinity and residents flee from the area. The resulting decline in real estate values erodes the city's tax base and contributes to overall urban blight.

(9) Land use regulations are appropriate to minimize the detrimental effects that sexually oriented businesses have on adjacent land uses.

(B) If the city has not adopted zoning regulations for sexually oriented businesses, as defined by § 153.03, then a sexually oriented business may locate only in those areas of the city which the City Council determines that the predominant use of the land is for commercial or industrial purposes.

(C) No person may operate a sexually oriented business on property, any part of which is within the area circumscribed by a circle that has a radius of 250 feet from any of the uses listed below. Distances must be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the boundary lines of the property parcels where the two uses are located. This distance requirement applies to the following uses:

(1) Property used or zoned for residential uses;

(2) A day care facility, school, library, park, playground, state or federal wildlife area or preserve, religious institution, or other public recreational facility;

(3) Premises licensed under Chapter 112, Liquor Regulations; and

(4) Another sexually-oriented business.

(D) These provisions, along with Ch. 119, are intended to supersede the provisions of M.S. § 617.242, as it may be amended from time to time, and render M.S. § 617.242 inapplicable as authorized by the statute.

§ 150.06 COMPLIANCE WITH CODE.

No person shall erect, alter or replace any structure within the city unless the structure complies with the applicable requirements of this code and the person has obtained a land use permit from the City Clerk certifying compliance with all of the applicable requirements of this code. No person shall use any structure or premises for any purpose other than as permitted by this code, except that lawful nonconforming uses as of the date of the adoption of this code may continue only as provided in M.S. § 462.357, Subd. 1e, as it may be amended from time to time.

CHAPTER 151: ZONING

Section

General Provisions

151.01 Authorization, intent and purpose

151.02 Title

151.03 Interpretation of terms

151.04 Definitions

151.05 Zoning map

151.06 Annexed land

151.07 Compliance with ordinance

151.08 Severability

151.09 Repeal of Ordinance No. 76.

Zoning Districts

151.20 Classification of zoning districts

151.21 R-1 Low Density Residential District

151.22 R-2 High Density Residential District

151.23 Manufactured home parks

151.24 Manufactured homes

151.25 C-1 General Commercial District

151.26 I-1 General Industrial District

151.27 Special Provisions Applicable to Specific Permit and Conditional Uses

Performance Standards

151.30 Performance standards

151.31 Landscaping requirements

151.32 Construction and use of culverts

Off-Street Parking and Loading Requirements

151.35 Purpose

151.36 Required off-street parking

151.37 Special off-street parking requirements

151.38 Off-street loading

151.39 Parking and storage of certain vehicles

151.40 Requirements and prohibitions

151.41 Reductions allowed

Permits and Requirements for Fences, Walls or Hedges

151.45 Application

151.46 General requirements

151.47 Residential regulations

151.48 Variance

Administration and Enforcement

151.49 Consistency with state law

151.50 Applications

151.51 Public notice and hearings

151.52 Final actions

151.53 Notice of decision

151.54 Land use permit required

151.55 Conditional use permits

151.56 Board of Appeals and Adjustments

151.57 Variances

151.58 Nonconforming uses

151.59 Amendments

151.60 Appeals

151.61 Record of decisions

151.62 Enforcement

151.63 Planning Commission

151.64 Certification of taxes paid

151.99 Enforcement

GENERAL PROVISIONS

§ 151.01 AUTHORIZATION, INTENT AND PURPOSE.

(A) This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 et seq. The intent of this chapter is to ensure public health, safety and general welfare in accordance with the adopted development goals, plans and policies as stated hereto. This plan for the city is to ensure that the land uses of the city are properly situated in relation to one another, providing for adequate space for each type of development; to control the density of development in each area of the city so that the property can be adequately serviced by such governmental facilities as streets, schools, recreation and utilities systems; to direct new growth into appropriate areas; to protect existing property by requiring that the development afford adequate light, air and privacy for persons living and working within the city; to improve the quality of the physical environment of the city; to protect and maintain property values, and to preserve and develop the economic base of the city.

(B) This chapter is not in effect until the provisions of § 151.05 are complied with and notice and public hearing is provided as required by M.S. § 462.357 Subd. 3, as it may be amended from time to time.

§ 151.02 TITLE.

This chapter, together with the zoning map required at § 151.05, shall be known as the “City Zoning Ordinance” except as referred to herein, where it shall be known as this Ordinance or this chapter.

§ 151.03 INTERPRETATIONS OF TERMS.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage unless such meaning is clearly contrary to the intent of this chapter and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words “must” and “shall” are mandatory and “may” is permissive. All distances, unless otherwise specified, shall be measured horizontally. For the purpose of this chapter, the terms in § 151.04 have the meanings given them.

§ 151.04 DEFINITION OF TERMS.

For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE OR FACILITY. Any building , structure, or improvement located on the same lot as the principal structure or use, the use of which is accessory to that of the principal structure or use.

ACCESSORY USE. A use on the same lot with and incidental and subordinate to the principal use, structure, or improvement.

ADJACENT OR CONTIGOUS. Means adjoining, bordering, touching, or contiguous. If two or lots are separated by a street, they shall not be deemed adjacent.

ALLEY. Any public right-of-way whose primary purposes is to provide vehicular access to the side or read of properties having their main frontage on a street. Alleys shall not be considered streets.

BUILDING. Any structure having a roof supported by columns, walls or other means of support for the shelter or enclosure of persons or property.

BUILDING HEIGHT. The distance from the mean ground level to the uppermost point of a building.

BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services and other activities carried out for financial gain.

CONDITIONAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. The city may impose additional conditions in specific instances to protect the health, safety and welfare.

DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to principal use or site and at any point extending more than three feet above ground level.

DWELLING, DUPLEX, TRIPLEX and QUAD. A dwelling structure on a single lot, having two, three, and four units respectively, being attached by common walls and each unit equipped with separate sleeping cooking, eating, living and sanitation facilities.

DWELLING, MULTIPLE. A building or portion thereof used for occupancy by three or more families living independently of each other.

DWELLING, ONE-FAMILY. A building used exclusively for occupancy by one family.

DWELLING, ONE-FAMILY, ATTACHED. One of two or more residential dwellings jointed to another dwelling by a common wall without openings and with individual entrances to each dwelling from the exterior. Each dwelling unit shall be occupied by not more than one family. May also be referred to as group, row, or townhouse.

DWELLING, TWO-FAMILY. A building used exclusively for occupancy by two families living independently of each other, also known as a duplex.

DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

DWELLING UNIT. Any structure or portion of a structure or other shelter designed as short or long-term living quarters for one or more persons, including rental or time-share accommodations, such as motel, hotel and resort rooms and cabins.

FENCE. Any constructed or barrier of any material erected to enclose or screen areas of land.

GARAGE. An accessory use situated on the same lot of a principal use, and designed for the private storage of motor vehicles owned by the occupant of a principal use. Such garage may be attached or detached to the principal building. When attached to a principal building, it shall be considered part of the principal building for setback and yard purposes.

HOME OCCUPATION. A lawful occupation customarily carried on by a resident of a dwelling as an accessory use within the same building. Such occupation must be clearly secondary to the principal use and not change the nature of the principal use.

IMPERVIOUS SURFACE. A constructed surface that prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development.

INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.

JUNK YARD. Land and structures used for the storage or keeping of junk, including scrap metals, or for the dismantling or wrecking of automobiles or other machinery, other than the storage of materials which is incidental or accessory to any business or industrial use on the same lot.

LIGHT INDUSTRIAL. The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside the building or lot where the assembly, fabrication or processing takes place, where the processes are housed entirely within a building, or where the outdoor storage of goods and materials used does not exceed 25% of the floor area of all buildings on the lot.

LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means, and separated from other parcels or portions by that description for the purpose of sale, lease or separation. A lot must be situated and have its principal frontage on a public street.

LOT, CORNER. A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE. A line of record bounding a lot which divides a lot from another lot, a public street or any other public or private space.

LOT LINE, FRONT. A lot line abutting a dedicated public right-of-way. In the case of a corner lot, it shall be the shortest dimension on a public street.

LOT LINE, REAR. The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE. Any lot line other than a front or rear lot line.

LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.

MANUFACTURED HOME. A structure, transportable in one or more sections which in the traveling mode is eight feet or more in width or 40 body feet or more in length, or when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to required utilities, and includes the plumbing, heating and air conditioning and electrical systems contained therein, and which meets all the requirements established under M.S. § 327.31, as it may be amended from time to time, the Manufactured Home Building Code.

NONCONFORMING STRUCTURE OR USE. A structure or use lawfully in existence on the effective date of this chapter or any amendment thereto, and not conforming to the regulations for the district in which it is situated.

NONCONFORMITY. Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.

NON-RESIDENTIAL DISTRICT. Any district that is not an R-1 Low Density Residential District or an R-2 High Density Residential District.

PLANNED UNIT DEVELOPMENT, COMMERCIAL. Typically include uses that provide transient, short-term lodging spaces, rooms or parcels, and their operations are essentially service-oriented. For example: hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are Commercial Planned Unit Developments.

PLANNED UNIT DEVELOPMENT, RESIDENTIAL. A use where the nature of residency is non-transient, and major or primary focus is not service-oriented. For example: residential apartments, manufactured home parks, townhouses and full-fee ownership residences would be considered as Residential Planned Unit Developments. To qualify as a Residential Planned Unit Development, a development must contain at least five dwelling units or sites.

PRACTICAL DIFFICULTIES. As used in connection with variances, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted will not alter the essential character of the locality.

RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towed by a light duty truck and is primarily designed not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

RESIDENTIAL DISTRICT. A district is permitted use is for residents, specifically R-1 Low Density Residential District and R-2 High Density Residential District.

RESTAURANT. An establishment in which food and/or drink is offered or prepared and served for public consumption and is served to customers at tables by employees. Restaurants may include incidental take-out service.

SETBACK. The minimum distance from any lot line that an improvement may be placed, measured perpendicularly from the lot line to the closest point of the improvement.

SETBACK LINE. The line which is the specified setback -distance from and parallel to any lot line, or other specified line, such as the ordinary high water level, edge of wetland, floodplain, or top of bluff.

STORAGE. Goods, materials or equipment placed or left in a location on a premises.

STREET. A public right-of-way used for the purpose of vehicular travel. An alley is not a street.

STRUCTURE. Anything constructed, placed or erected on or attached to, in some manner, the ground.

STRUCTURE, PRINCIPAL. The building in which is conducted the primary use of the lot on which the building is located.

USE. The purpose or activity for which a premises is designed, arranged or intended or for which it is or may be occupied or maintained.

VARIANCE. The adjustment by the City Council of the literal provisions of this Chapter in cases where the literal provisions would cause “practical difficulties” for the land owner in complying with the literal provisions of this chapter.

WIND ENERGY CONVERSION SYSTEM OR WINDMILL. An apparatus capable of converting wind energy into electricity.

YARD. An open space unobstructed from the ground upward with the exception of landscape materials and minor fixtures of a non-structural nature commonly found in a yard.

YARD, FRONT. The area between the front lot line and the front setback line.

YARD, REAR. The area between the rear lot line and the rear setback line.

YARD, SIDE. A space extending from the front yard to the rear yard along a side lot line measured perpendicularly from the side lot line to the closest point of a structure.

ZONING ADMINISTRATOR. The City Clerk or other person designated by the City Council to administer and enforce the provisions of this chapter.

§ 151.05 ZONING MAP.

This chapter has no effect until the boundaries of the use districts are delineated on an Official Zoning Map, created pursuant to M.S. § 462.357, Subd. 1, as it may be amended from time to time, which, once it is adopted by ordinance after notice and hearing as provided in M.S. § 462.357, Subd. 3, as it may be amended from time to time, is hereby adopted by reference and declared to be a part of this chapter. This map shall be on permanent file and available for public inspection in the City Office. It shall be the responsibility of the Clerk or other person appointed by the City Council to administer this chapter to maintain and keep the map up to date.

(B) All property within the city shall have the zoning designation shown on the official zoning map. If there is any discrepancy or inconsistency between the official zoning map and any other map, ordinance or source which purports to indicate the zoning of property, the official zoning map shall take precedence. The provisions of this section shall not be interpreted to require the city to zone all properties within the city limits or to prevent zoning of only a portion of the city.

(C) Zoning district boundary lines shown on the official zoning map are intended to follow lot lines, the center lines of streets or alleys, the center lines of street or alleys projected, railroad right-of-way lines, the center of watercourses or the corporate limits of the city, unless otherwise specifically indicated.

§ 151.06 ANNEXED LAND.

Any land hereafter annexed to the city shall be considered to be in the district that is delineated on the adjacent areas that are designated for orderly annexation, unless otherwise reclassified. An application to amend may be filed prior to or contemporaneously with the annexation of the land in question provided a preliminary plat or registered land survey of the land is submitted with the amendment application.

§ 151.07 COMPLIANCE WITH ORDINANCE.

(A) No structure or land shall hereafter be used or occupied and no structure shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with the regulations specified in the Zoning Ordinance for the district in which it is located.

(B) The provisions of this chapter shall be minimum requirements. Where the conditions imposed by any provision of this chapter differ from those required by any statute or other ordinance of the city, the regulations which are more restrictive or which impose the higher standard shall prevail.

Penalty, see § 151.99

§151.08 SEVERABILITY.

Every section or subdivision of this chapter is declared separable from every other section or subdivision. If any section or subdivision is held to be invalid by competent authority, no other section or subdivision shall be invalidated by such action or decision.

§151.09 REPEAL OF ORDINANCE NO. 76.

Ordinance No. 76 is repealed.

ZONING DISTRICTS

§ 151.20 CLASSIFICATION OF ZONING DISTRICTS.

(A) R-1 Low Density Residential District

(B) R-2 High Density Residential District

(D) I-1 General Industrial District.

§ 151.21 R-1 LOW DENSITY RESIDENTIAL DISTRICT.

(A) Purpose. The purpose of the R-1 Low Density Residential District is to provide for moderate density one and two-family dwelling units and directly related, complementary uses.

(B) Permitted uses and structures.

(1) One and two-family dwelling units.

(2) Public, government owned parks, playgrounds, athletic fields and other public recreational uses.

(3) Churches and places of religious assembly, public and private schools, and government-owned buildings and facilities.

(4) Agricultural gardens and forestry.

(5) Manufactured homes which meet the standards set forth in § 151.24.

(6) As required by M.S. § 462.357, Subd. 7, as it may be amended from time to time, a state licensed residential facility or a housing with services establishment registered under M.S. Ch. 144D, as it may be amended from time to time, serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minn. Rules, parts 9502.0315 to 9502.0445, as it may be amended from time to time, to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

(1) Customary accessory uses incidental to the principal uses such as gardens, private garages, screen porches, play equipment, signs, as set forth in division (D)(1) of this section, one storage shed not exceeding 12 feet in height or 500 square feet or covering more than 30% of the area of the side or rear yard in which they are located, satellite dishes and antennae, solar equipment, greenhouses not exceeding 12 feet in height or 500 square feet or covering more than 30% of the area of the side or rear yard in which they are located and swimming pools intended for single-family use.

(2) The renting of rooms by a resident family for lodging purposes only, and for not more than two rooms in a one-family dwelling.

(D) Conditional uses. Within the R-1 District no structure or land shall be used for the following except by conditional use permit and in conformance with the standards specified in division (I) of this section.

(1) Home occupations in a residence.

(2) Hospitals and nursing homes, licensed day care centers serving 12 or more persons and cemeteries.

(3) Accessory buildings other than those listed in (C)(1), including storage sheds and green houses over 12 feet in height or 500 square feet or covering more than 30% of the area of the side or rear yard in which they are located.

(4) Wind energy conversion systems or windmills.

(5) Private recreational facilities as a principal use and excluding accessory play equipment and swimming pools intended for single family use.

(6) Attached one family dwellings provided each dwelling is located on a separate lot conforming to the § 151.21(E), below. The dwelling need not meet the side yard setback for the common wall of the attached dwellings.

(E) Lot requirements and setbacks. The following minimum requirements shall be observed in an R-1 District, subject to additional requirements, exceptions and modifications set forth in this chapter:

(1) Lot area. 8,000.

(2) Lot width. 80 feet.

(3) Setbacks.

(a) Front yards. Not less than 25 feet;

(b) Side yards. 10 feet. The common wall of a one family attached dwelling is exempt from this requirement.

(c) Side yards, corner lots. 25 feet on side adjacent to street, but in no case less than the setback of an adjacent lot which has its front yard on the same street. All corner lots are subject to the requirements of §156.46.

(d) Rear yards. 25 feet.

(4) Detached accessory building setback requirements. Not less than 5 feet from rear yard line and not less than 4 feet from the side yard lines in the rear yard. On corner lots not less than 25 feet from the adjacent street, but in no case less than the setback of an adjacent lot which has its front yard on the same street. All corner lots are subject to the requirements of §156.46.

(5) Access. All lots shall front on and have ingress and egress by means of a public right-of-way.

(6) Coverage. The total area of all impervious surfaces located in the district shall not exceed 30% of the lot area.

(F) Building requirements; height. No structure shall exceed 2 stories or 35 feet, whichever is less.

(G) Parking. Refer to §§ 151.35 through 151.39.

(H) Height limitations. Height limitations shall not apply to water towers, chimneys, flag poles, antennae, wind energy conversion systems, church spires, church belfries or church domes not containing habitable space and support towers permitted by § 150.04.

Foundations. All dwellings shall be placed on a permanent perimeter foundation of concrete, masonry, or treated wood construction and shall include frost footings in compliance with the Minnesota State Building Code.

§ 151.22 R-2 HIGH DENSITY FAMILY RESIDENTIAL DISTRICT.

(A) Purpose. The purpose of the R-2 High Density Residential District is to provide for medium density housing in multiple family structures and directly related complementary uses.

(B) Permitted uses and structures.

(1) Any permitted use in a R-1 Low Density Residential District.

(2) Multiple-family dwelling.

(3) Attached one-family dwelling provided each dwelling is located on a separate lot conforming to the § 151.22(E), below. The dwelling need not meet the side yard setback for the common wall of the attached dwellings.

(4) Two-family dwelling.

(D) Conditional uses. Within the R-2 District no structure of land shall be used for the following except by conditional use permit and in conformance with the standards specified in division (H) of this section.

(1) Any conditional use permitted in R-1 Low Density Residential District.

(2) As required by M.S. § 462.357, Subd. 8, a state licensed residential facility serving from 7 through 16 persons under M.S. Ch. 144D, as it may be amended from time to time, or a licensed day care facility serving from 13 through 16 persons.

(E) Lot requirements and setbacks. The following minimum requirements shall be observed in R-2 Districts, subject to additional requirements, exceptions and modifications set forth in this chapter:

(1) Lot area. 8,000 square feet for single family dwellings and an addition 2,000 square feet per each additional dwelling unit for multiple-family dwellings.

(2) Lot width. 80 feet for single family dwellings, and 100 feet for multiple family dwellings.

(3) Setbacks.

(a) Front yards. Not less than 25 feet.

(b) Side yards. 10 feet. The common wall of a single family attached dwellings is exempt from this requirement.

(d) Rear yards. 25 feet.

(4) Detached accessory building setback requirements. Not less than 5 feet from the rear lot line and not less than 4 feet from the side yard line in the rear yard. On corner lots, not less than 25 feet from adjacent lot which has its front yard on the same street. All corner lots are subject to the requirements of §156.46.

(5) All lots shall front on and have ingress and egress by means a public right-of-way.

(6) Coverage. The total area of all impervious surfaces located in the district shall not exceed 30% of the lot area.

(F) Parking. Refer to §§ 151.35 through 151.39.

(G) Height limitations. Height limitations shall not apply to water towers, chimneys, flag poles, antennae, wind energy conversion systems, church spires, church belfries or church domes not containing habitable space and support towers permitted by § 150.04.

Foundations. All dwellings shall be placed on a permanent perimeter foundation of concrete, masonry, or treated wood construction and shall include frost footings in compliance with the Minnesota State Building Code.

§ 151.23 MANUFACTURED HOME PARKS.

(A) General. Manufactured home parks that are licensed by the State Department of Health are conditional uses in any zoning district that allows the construction or placement of a building used or intended to be used by two or more families. All manufactured home parks shall, in addition to any requirements imposed by rule of the State Department of Health or law, meet the following performance standards and any other conditions placed on them by the conditional use permit.

(B) Permitted uses and structures.

(1) Manufactured homes.

(2) Essential services such as water, sewer, telephone and electric utilities.

(1) Recreational vehicles and equipment.

(2) Recreational facilities, gardens, commons and open space which are operated for the enjoyment and convenience of the residents of the principal use and their guests, such as tennis courts and swimming pools.

(3) Building for storage of maintenance equipment incidental to the principal use.

(4) Solar panels and equipment.

(D) Conditional use. Customary home occupations as set forth in § 151.21(D).

(E) Lot requirements and setbacks. The following minimum requirements shall be observed in a manufactured home park, subject to additional requirements, exceptions and modifications set forth in this chapter:

(1) Lot area. Each individual manufactured home site shall contain at least 5,000 square feet for exclusive use of the occupant.

(2) Lot width. Each individual manufactured home site shall have a lot width of at least 50 feet.

(3) Setbacks for each individual manufactured home site.

(a) Front yards. Not less than 15 feet.

(b) Side yards. 5 feet.

(4) Detached accessory building setback requirements. Not less than 5 feet from the rear lot line and not less than 4 feet from the side yard lines in the rear yard.

(F) Parking. Refer to §§ 151.35 through 151.39.

Penalty, see § 151.99

§ 151.24 MANUFACTURED HOMES.

The city authorizes the placement of manufactured homes in residential districts within the city if such manufactured homes comply with the following conditions:

(A) Manufactured homes shall comply with all zoning regulations for the district in which they are located.

(B) A building permit and any other required permits shall be obtained for manufactured homes.

(D) Connection to city utilities, if available, shall be required.

§ 151.25 C-1 GENERAL COMMERCIAL DISTRICT.

(A) Purpose. The purpose of the C-1 General Commercial District is in recognition of the existing downtown business and commercial development and the need for its future expansion, rehabilitation and redevelopment.

(B) Permitted uses and structures.

(1) Business and commercial establishments including:

(a) Retail establishments, including but not limited to grocery, hardware, drug, clothing, variety and furniture stores; eating and drinking places, auto dealers, automobile service stations, farm implement dealerships, farm supply stores, seasonal evergreen sales and meat locker shops.

(b) Personal services, including but not limited to laundries, beauty shops, barber shops, funeral homes, shoe repair shops, printing and publishing shops and photographic studios.

(d) Repair services, including but not limited to automobile, jewelry, radio and television repair shops, appliance repair shops, farm and implement repair shops, plumbing contractor’s shop and electrical contractor’s shop.

(e) Entertainment and amusement services, including but not limited to motion picture theaters, recreation halls and bowling alleys.

(f) Lodging services, including hotels and motels.

(g) Finance, insurance, real estate and tax services.

(2) Public and semi-public buildings, including post office, fire hall and city hall.

(3) Private clubs.

(4) Apartments, provided they are located above the first floor level.

(5) Automobile parking lots.

(6) Essential services, such as sewer, water, telephone and electric utility facilities.

(7) Churches and places of religious assembly.

(C) Accessory uses. Uses incidental to the foregoing principal uses, such as off-street parking and loading and unloading areas, signs, indoor storage of merchandise and wholesaling and manufacturing, when incidental to a permitted use, solar panels, satellite dishes and antennas.

(D) Conditional uses. Within the C-1 General Commercial District no structure or land shall be used for the following except by conditional use permit and in conformance with the standards specified in division (I) of this section.

(1) Single and two-family dwellings and multiple-family dwellings, including manufactured homes meeting the standards as set forth in § 151.24, and manufactured home parks licensed by the state.

(2) Nonresidential licensed day care facilities.

(3) Outdoor storage incidental to a principal use.

(4) Drive-thru or drive-up window accessory to a principal use.

(5) Sidewalk cafes and outdoor eating or dining areas accessory to a principal use.

(E) Lot requirements and setbacks. The following minimum requirements shall be observed in C-1 General Commercial Districts, subject to additional requirements, exceptions and modifications set forth in this chapter:

(1) Lot area. 3,000 square feet.

(2) Lot width. 25 feet.

(3) Setbacks.

(a) Front yards. None.

(b) Side yards. None.

(4) All lots shall front on and have ingress and egress by means of a public right-of-way.

(F) Building requirements; height. No structure shall exceed 3 stories or 45 feet, whichever is less.

(G) Parking. Refer to §§ 151.35 through 151.39.

Transitional Yard. A transitional yard shall be provided anywhere a C-1 General Commercial District, abuts a residential district. The yard shall conform to the following requirements:

The dimensions of the transitional yard on the property located in a C-1 General Commercial District shall be equal to the dimensions of the required yard on the residentially zoned property which is located in closest proximity.

The transitional yard shall extend the entire length of the abutting residential district boundary.

The transitional yard shall be no less than ten (10) feet in depth.

The transitional yard shall be landscaped in conformance with § 151.31.

Penalty, see § 151.99

§ 151.26 INDUSTRIAL.

(A) Purpose. The purpose of the I-1 General Industrial District is to provide for industrial development outside of the other districts authorized by this chapter. Development within the district shall be regulated through the performance standards outlined in § 151.30 of this chapter to promote sensitive site design and to mitigate external site impacts.

(B) Permitted uses and structures. Within the I-1Genaral Industrial District no structure or land may be used except for the following uses occurring within an enclosed building:

(1) All uses permitted in a C-1 General Commercial District

(2) Warehouse

(3) Storage

(4) Manufacturing

(5) Processing

(6) Office

(7) Wholesale

(8) Research

(9) Government buildings

(10) Other such industrial uses which in the determination of the City Council and as formally documented will be compatible a