HomeMy WebLinkAbout1122 - Use Definitions and ConditionsSECTION 1122
LAND USE DEFINITIONS AND CONDITIONS
SUBSECTIONS
1122.100: Land Uses
1122.200: Land Use Restrictions
1122.300: Land Use Definitions and Conditions
1122.100: LAND USES:
1122.101: Land Uses. The only uses which can be made of land and/or structures are those
uses listed in the land use table and defined in this Section. If there is a conflict
between the land use table and this Section, then this Section governs.
1122.102: Land Uses Not Listed. Any land use which is not listed in this Section is
specifically prohibited. Any person seeking to establish whether a use which is not
specifically listed is included in an existing use may ask the Zoning Administrator for
an opinion. The Zoning Administrator's decision will establish whether the proposed
use is permitted under any of the existing uses in this Zoning Code. The Zoning
Administrator shall consider functional similarities between uses listed in the Zoning
Code and the proposed use including nuisance characteristics, traffic, appearance
and mode and hours of operation in making this determination. The determination of
the Zoning Administrator shall be in writing and shall include a statement whether the
use is a "permitted use", “permitted accessory use”, "permitted use with conditions",
"conditional use" or "interim use". If the Zoning Administrator determines that the
proposed use is not permitted under any existing use, that conclusion shall be stated
in the written determination.
1122.200: LAND USE RESTRICTIONS: All land uses must comply with all applicable
provisions of the City Code including but not limited to the conditions in this Section
and all other applicable provisions of the Zoning Code.
1122.300: LAND USE DEFINITIONS AND CONDITIONS: This subsection contains the
definitions and conditions for land uses as allowed by the land use table.
ACCESSORY APARTMENT
A. Definition: An independent, subordinate dwelling unit contained within a single family
detached dwelling for occupancy only by immediate family members (“immediate family”
means the spouse, parents, grandparents and children and grandchildren (all including
step- and foster-) or individuals providing care to the people occupying the other dwelling
unit.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in A, R-S, R-1, R-2, R-3 and TC-T with the following
conditions:
a. No more than one apartment may be created in any single family dwelling.
b. The single family dwelling or accessory apartment must be owner-occupied
on a continuous basis except for temporary absences.
c. A minimum of 2 off-street parking spaces must be provided for each
dwelling unit with such parking to be in a garage, carport or on an area
surfaced in asphalt or concrete specifically intended for that purpose. Such
parking may not be located within a required turnaround.
d. In an existing single family dwelling, an accessory apartment may be
created by the conversion of living space within the dwelling but not by
conversion of garage space unless space is available on the property for a
new two car garage in the future without the need for a variance.
e. An accessory apartment must be no more than 35 percent of the gross
living area of the single family dwelling (including the accessory apartment)
or 950 square feet, whichever is smaller.
f. Exterior changes to the dwelling must not substantially alter the single
family character of the structure.
g. No apartment may be created except in compliance with all applicable
building, housing, electrical, plumbing, heating and related codes of the
City and State.
h. An accessory apartment is permitted only where it is demonstrated that it
will not have an undue adverse impact on adjacent properties and where
there will not be a substantial alteration of the character of the
neighborhood.
i. All other provisions of this Zoning Code relating to single family dwelling
units must be met, unless specifically amended by this subdivision.
ACCESSORY STRUCTURE
A. Definition: A separate and subordinate structure the use of which is related to and is
incidental to that of the principal structure, and which may include, but is not limited to
garages, carports, storage buildings, water oriented accessory structures, pools, etc.
There must be a principal structure on the property in order for an accessory structure to
be allowed.
B. Zoning Districts and Conditions:
1. Permitted accessory use in A, R-S, R-1, R-2, R-3, TC-T, C-3 and I-1 with the
following conditions:
a. The accessory structure shall be either constructed of the same materials as
the principal structure or screened from public view from adjacent roads and
contiguous properties. The screening must meet all applicable standards
of this Zoning Code.
b. If located in a residential Zoning District total amount of accessory structures
is limited to 1000 square feet.
c. Maximum building height shall not exceed fifteen (15) feet as defined in
Subsection 1111.100.
d. The accessory structure shall be located to the side or rear of the principal
structure and is not permitted within the front yard or side yard abutting a
street.
e. The minimum setback to a side or rear property line is five (5) feet unless
the property line abuts a street which requires a minimum setback of twenty-
five (25) feet.
f. No accessory structure may be located in any public right-of-way or public
easement.
g. Sanitary sewer connections are prohibited.
ADULT USES
A. Definition: See City Code Section 1124.
B. Zoning District and Conditions:
1. Conditional use in A, TC, C-2 and I-1 with the conditions listed in City Code Section
1124.
AGRICULTURE AND FORESTRY
A. Definition: The production of crops, plants, or vines, including forestry. The term also
applies to the keeping, grazing, or feeding of livestock but shall not include commercial
stables or animal handling.
B. Zoning District and Conditions:
1. Permitted with conditions in A and R-S subject to the conditions in City Code
Section 801.
ANIMAL HANDLING
A. Definition: The sale, boarding, breeding, grooming, training, treatment and/or care of
privately owned traditional pets as defined in City Code Section 801.
B. Zoning District and Conditions:
1. Conditional Use in A, C-2, C-3, and I-1 with the following conditions:
a. Animal runs and exercise areas shall be located at least 200 feet from any
dwellings and 100 feet from any buildings used by the public.
b. No animals shall be kept outside the building or located in a manner or
location which causes offensive odors discernible at the property line of the
property on which the activity is conducted.
c. All principal use activities, including animal boarding, shall be conducted
within the principal structure; except that animal runs may be located outdoor
as long as the other conditions in this subsection are met and as long as
animals are not left in the run overnight.
d. All outdoor animal runs or exercise areas shall be fenced and secured at
all times so that no animal contained therein may escape such enclosure.
e. All buildings in which animals are kept or boarded shall be located a minimum
of 100 feet from any property line in a residential Zoning District.
f. All animals shall be kept in conformance with City Code Section 801.
APPLIANCE AND SMALL ENGINE REPAIR
A. Definition: Maintenance and repair of appliances and small engines, . Characteristics
include some outdoor activity and noise.
B. Zoning District and Conditions:
1. Permitted with conditions in C-1 with the following conditions:
a. Engines shall not be operated or tested outside of a structure if the use is
located within 300 feet of any property line in a residential Zoning District.
2. Permitted with conditions in C-2 and C-3 with the following conditions:
a. Engines shall not be operated or tested outside of a structure if the use is
located within 100 feet of any property line in a residential Zoning District.
3. Permitted with conditions in I-1 with the following conditions:
a. No sales or display of new or used appliances or engines shall be permitted.
AUTO BODY/PAINTING
A. Definition: The painting, straightening, replacing and/or repairing the frame and body parts
of motor vehicles, usually damaged as result of an accident or as a result of exposure to the
elements; it includes the outdoor storage of damaged and dismantled vehicles, and may
generate odor and noise; this use excludes junkyards and automobile wrecking yards.
B. Zoning District and Conditions:
1. Conditional use in C-3 with the following conditions:
a. No sales, storage or display of used automobiles shall be permitted.
b. No inoperable vehicles shall be stored outside the primary structure.
c. All auto body repair and painting must be conducted within the primary
structure.
d. No outdoor storage will be permitted.
e. All necessary governmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
2. Permitted with conditions in I-1 with the following conditions:
a. No inoperable vehicles shall be stored outside the primary structure or
designated screened storage areas.
b. No sales or display of new or used automobiles shall be permitted.
c. All necessary governmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
BANK
A. Definition: The deposit, management, and lending of money, frequently with accessory
drive-up facility. This use includes banks and savings and loans but not insurance
companies or stock brokerage firms. Characteristics may include high peak hour traffic on
certain days.
B. Zoning District and Conditions:
1. Permitted with conditions in TC with the following conditions:
a. The use shall not include any drive-through or drive-up windows or facilities.
2. Permitted use in C-1 and C-2.
BED AND BREAKFAST ESTABLISHMENT
A. Definition: The use of a private, owner-occupied single family or two family dwelling
providing temporary lodging facilities and some meals to paying lodgers. The lodging is
subordinate and incidental to the main residential use of the dwelling. Indoor recreational
facilities for the use of the residents and paying lodgers may be included.
B. Zoning District and Conditions:
1. Permitted with conditions in A, R-S, R-1, R-2, R-3, TC and TC-T with the following
conditions:
a. The dwelling shall be owner-occupied.
b. The required parking shall be screened with a bufferyard Type B as defined
in the Zoning Code.
c. The total number of guests shall be limited to 6.
d. Not more than 50% of the gross floor area of the dwelling shall be used for
the lodging operation.
e. Only exterior alterations which do not alter the exterior appearance from its
single family character will be allowed.
f. Accommodations may be provided to a guest for a period not exceeding
14 days.
g. Food service shall be limited to breakfast and afternoon tea.
h. Rented rooms shall not contain cooking facilities.
i. Rooms used for sleeping shall be part of the primary residential structure
and shall not have been constructed specifically for rental purposes.
j. No more than 50% of the rear yard may be surfaced in asphalt and concrete
or used for parking.
BICYCLE SALES AND REPAIR
A. Definition: Maintenance, repair, and sales of two and three wheeled non-motorized
vehicles with wheels which are more than 16 inches in diameter.
B. Zoning District and Conditions:
1. Permitted in TC, C-1, C-2, and C-3.
BOARDERS, KEEPING OF
A. Definition: The use of a single family dwelling for the dwelling of a person or persons on
an extended basis rather than daily or weekly where the primary resident is the owner of
the dwelling.
B. Zoning District and Conditions:
1. Permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following
conditions:
a. The dwelling shall be owner-occupied.
b. No more than 2 boarders may be kept in a dwelling.
c. Rented rooms shall not contain cooking facilities.
d. Rooms used for sleeping shall be part of the primary residential structure and
shall not have been constructed specifically for rental purposes.
BOAT SLIPS, CITY
A. Definition: The mooring of watercraft with permission of the City on property owned or
controlled by the City. City boat slips, regardless of number, are not a Mooring Facility. City
Boat Slips are permitted only on riparian property owned or controlled by the City of Prior
Lake, subject to DNR approval. The City may use the slips as determined and regulated
by the City Council including rental of the slips. The City shall not increase the number of
boat slips or increase the number of boat slips which the City rents without first holding a
public hearing.
B. Zoning Use and Conditions:
1. Permitted in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3, and I-1.
BOAT SLIPS, PERSONAL
A. Definition: The mooring of five (5) or fewer restricted watercraft allowed for personal use
by the owners or tenants of residential riparian lots.
B. Zoning District and Conditions:
1. Permitted with conditions in A, R-S, R-1, R-2, R-3, C-1, C-2, C-3, and I-1 with the
following conditions:
a. Personal Boat Slips are permitted only on riparian lots. The lot and
Personal Boat Slips shall meet the following minimum conditions as
determined by the Zoning Administrator:
i. The slips can be located on separate dock structures, but no more
than five (5) slips can be located on a lot.
ii. No more than five (5) restricted watercraft may be moored at any
one lot at a time.
iii. If three (3) or more restricted watercraft are moored at any one lot
at a time, any dock structure on that lot shall be at least ten (10) feet
from all side lot lines at the ordinary high water level.
b. All Personal Boat Slips on a lot shall be used in only one of the following
manners:
i. Owner use - all restricted watercraft moored at the lot shall be
owned and registered to the property owner or the property owner’s
immediate family. For purposes of this requirement, “immediate
family” means the spouse, parents, children and grandchildren (all
including step- and foster-) of the property owner or the property
owner’s spouse.
ii. Tenant use – if the entire dwelling on the lot is being leased to a
tenant and the owner occupies no portion of the lot, all restricted
watercraft moored at the lot shall be owned and registered to the
tenant or the tenant’s immediate family (as immediate family is
defined above). In no case may the property owner and tenant both
moor watercraft at the lot.
iii. Boarder use – if a portion of a dwelling on the lot is being leased to
a boarder(s) but the owner still occupies a portion of the lot, all
restricted watercraft moored at the lot shall be owned and
registered to the owner under provision (i) above or the boarder(s)
(regardless of number of boarders) may moor only one (1) restricted
watercraft at the lot. In no case may the property owner and boarder
both moor watercraft at the lot.
c. Rental of slips is prohibited. Use of slips allowed by (b) above is not
considered “rental” of slips.
d. If the City has reason to believe that any provisions in this subsection
relating to personal boat slips or mooring facilities are not being complied
with, the City has the authority to require the submittal of watercraft
registration information, proof of ownership/tenancy of property or
watercraft, proof of relationships, use of slip, or other information needed
to establish compliance.
BREW PUB
A. Definition: An establishment operating as a Brew Pub pursuant to City Code Section 301.
B. Zoning District and Conditions:
1. Permitted use in TC.
2. Conditional use in C-2, C-3 and I-1 with the following conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive
Plan as a collector street or located in a manner so that access can be
provided without generating significantly increased commercial traffic on local
residential streets.
b. All customer entrances to the building shall be located a minimum of 100 feet
from any property line in a residential Zoning District. In the case of a multi-
tenant building, the entrance will be measured from the collective entrance to
the building. In the case of an entrance with a vestibule, the most exterior
customer entrance door will be the point of measurement.
c. If the building housing the use is located less than 100 feet from any property
line in a residential Zoning District, the following additional conditions shall be
met:
i. All customer entrances to the building shall be through a vestibule
area with an inside and outside door.
ii. No outdoor amplified music, public address system, or outdoor
special event is permitted.
BREWER TAPROOM
A. Definition: An establishment operating as a Brewer Taproom pursuant to City Code
Section 301.
B. Zoning District and Conditions:
1. Permitted in TC.
2. Conditional use in C-2, C-3, and I-1 with the following conditions.
a. Access to the use shall be from a roadway identified in the Comprehensive
Plan as a collector street or located in a manner so that access can be
provided without generating significantly increased commercial traffic on local
residential streets.
b. All customer entrances to the building shall be located a minimum of 100 feet
from any property line in a residential Zoning District. In the case of a multi-
tenant building, the entrance will be measured from the collective entrance of
the building. In the case of an entrance with a vestibule, the most exterior
customer entrance door will be the point of measurement.
c. If the building housing the use is located less than 100 feet from any property
line in a residential Zoning District, the following additional conditions shall be
met:
i. All customer entrances to the building shall be through a vestibule
area with an inside and outside door.
ii. No outdoor amplified music, public address system, or outdoor
special event is permitted.
BUILDING IMPROVEMENT TRADES
A. Definition: A building used for the storage of building supplies and construction equipment
and/or office areas dedicated to the conducting of a business related to the construction,
alteration, renovation, or structural change to a residential or commercial structure. Such
uses may include construction, masonry, HVAC, plumbing or electrical.
B. Zoning District and Conditions:
1. Permitted with conditions in C-3 and I-1 with the following conditions:
a. No inoperable vehicles shall be stored outside the primary structure or
designated screened storage areas.
BUSINESS SERVICES
A. Definition: A business primarily engaged in providing services to business establishments
on a fee or contract basis, such as advertising and mailing, building maintenance,
employment services, management and consulting services, protective services, equipment
rental and leasing, commercial research, development and testing, photo finishing and
personal supply services.
B. Zoning District and Conditions:
1. Permitted in C-2, and C-3.
2. Conditional use in TC-T with the following conditions:
a. The use must be located completely within the existing structure. No additions
to the structure are permitted.
b. The exterior of the existing building shall maintain the residential character of
the structure.
c. No more than one wall sign shall be permitted.
d. No outdoor storage will be permitted.
CAR WASH
A. Definition: The use of a structure, or portion thereof, for washing motor vehicles by hand
or by using production-line, automated or semi-automated methods for washing, whether or
not employing a chain conveyor, blower, steam-cleaning or similar mechanical device.
B. Zoning District and Conditions:
1. Conditional use in C-1, C-2, C-3 and I-1 with the following conditions:
a. No public address system shall be audible from any property located within a
residential Zoning District.
b. Drainage and surfacing plans shall be subject to the City Engineer’s approval
prior to construction or reconstruction. The plans shall describe the wash
water disposal and sludge removal facilities for on premise dust, salt and
other chemical and mud abatement. Drainage must be designed to prevent
the accumulation of surface water, wash water or sludge on the site or in the
vicinity of the property.
c. All parking and areas surfaced in asphalt or concrete meet the drainage,
design and landscaping provisions of Parking Section of the Zoning Code.
d. The ingress or egress points for an accessory car wash shall be subject to
the City Engineer’s approval prior to construction or reconstruction. The exit
door from the car wash shall be at least 45 feet from the public right-of-way.
Drainage shall be away from the public street at egress points of the car wash
to prevent spillage onto the street. The grades of the interior floor shall be
sloped away from the exit door, and sloped to an accepted interior drainage
system. No water which is used in the operation of the car wash shall be
allowed on any public right-of-way.
e. An automatic car wash accessory to a motor fuel station or motor vehicle
service and repair facility shall provide stacking space for at least four cars.
Cars located in these stacking spaces should not block ingress and egress
driveways on the site or driveways providing access to gasoline pumps,
service bays or required off-street parking, except that vehicles in stacking
spaces may block access to parking stalls which are signed for employee
parking only.
f. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service
doors to the facility remain closed at all times or the facility is in the I-1 Zoning
District.
CEMETERIES
A. Definition: The use of an area for the burial or entombment of one or more deceased
persons, including graveyards, mausoleums, and columbaria.
B. Zoning District and Conditions:
1. Permitted use in A, R-S, R-1, R-2, and R-3.
CLUSTER HOUSING
A. Definition: Single family attached and/or detached dwelling units on smaller lots than
provided for in the applicable Zoning District in order to allow the same number of units as
would be allowed in a standard development on the same property but clustering the units
together on smaller lots to preserve additional wooded areas, open space or other natural
features. Dwelling units may be located on individual lots or on a lot in common.
Characteristics may include a larger building mass and scale and larger concentrations of
areas surfaced in asphalt or concrete than single family detached dwellings.
B. Zoning District and Conditions:
1. Conditional use in R-1 and R-2 with the following conditions:
a. Cluster housing shall meet the following minimum requirements:
i. No more than four dwelling units shall be incorporated in a single
building;
ii. The density of development shall not exceed the density allowed in
the Zoning District in which the property is located
iii. Existing dwelling units may not be converted into clustered units
unless the site is fully cleared and redeveloped. Existing units may
be incorporated into new development plans when such units are not
converted into clustered units or added to;
iv. There shall be 600 square feet of usable open space for each dwelling
unit.
b. The applicant shall clearly demonstrate through the application and site plan
that a superior development would result by clustering. The presence of a
superior development shall be determined by reference to the following
criteria:
i. The presence and preservation of topographic features, woods and
trees, water bodies and streams, wetlands, and other physical and
ecological conditions;
ii. Suitable provisions for permanently retaining and maintaining the
amenities and open space;
iii. Locating and clustering the buildings to preserve and enhance
existing natural features and scenic views, aesthetically pleasing
building forms and materials, addition of landscaping to screen
development, recognition of existing development and public
facilities, and consistency with City goals and plans for the areas.
COCKTAIL ROOM
A. Definition: An establishment operating as a Cocktail Room pursuant to City Code Section
301.
B. Zoning District and Conditions:
1. Permitted use in TC.
2. Conditional use in C-2, C-3 and I-1 with the following conditions:
a. Access to the building shall be from a roadway identified in the
Comprehensive Plan as a collector street or located in a manner so that
access can be provided without generating significantly increased
commercial traffic on local residential streets.
b. All customer entrances to the use shall be located a minimum of 100 feet from
any property line in a residential Zoning District. In the case of a multi-tenant
building, the entrance will be measured from the collective entrance of the
building. In the case of an entrance with a vestibule, the most exterior
customer entrance door will be the point of measurement.
c. If the building housing the use is located less than 100 feet from any property
line in a residential Zoning District, the following additional conditions shall be
met:
i. All customer entrances to the building shall be through a vestibule
area with an inside and outside door.
ii. No outdoor amplified music, public address system, or outdoor
special event is permitted.
COMMUNITY CENTERS
A. Definition: The use of a building, structure, or area for the public, to accommodate and
serve significant segments of the community for educational, religious, fraternal, social and
recreational programs. This use may include accessory food service and accessory retail
shops.
B. Zoning District and Conditions:
1. Permitted with conditions in R-1, R-2, and R-3 with the following conditions:
a. The building shall not be located within 50 feet of any property line in a
residential Zoning District.
b. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
c. Outdoor areas intended for group activities shall be located at least 25 feet
from any property line in a residential Zoning District.
d. A bufferyard Type C as defined in the Zoning Code shall be installed and
maintained along any property line abutting a residential Zoning District.
2. Permitted with conditions in TC and C-2 with the following conditions:
a. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
b. Outdoor areas intended for group activities shall be located at least 25 feet
from any property line in a residential Zoning District.
c. A bufferyard Type C as defined in the Zoning Code shall be installed and
maintained along any property line abutting a residential Zoning District.
CONTRACTORS YARD
A. Definition: The use of land for the storage of equipment, vehicles, machinery (new or
used), building materials, paints, pipe, or electrical components used by the owner or
occupant of the property in the conduct of any building trade or craft.
B. Zoning District and Conditions:
1. Permitted with conditions in I-1 with the following conditions:
a. Areas used for storage of equipment and materials shall be fully screened.
Screening shall be 100% opacity in the form of fencing, landscaping,
berming or some combination thereof from all property lines and abutting
public rights-of-way.
b. Stored materials shall not interfere with either on-site or off-site traffic visibility.
c. Storage of inoperative vehicles or equipment or other items typically stored in
a junkyard or salvage yard shall not be permitted.
d. All areas used for storage and parking of street legal or road legal vehicles
(such as an automobile, motorcycle, light or heavy truck that are equipped
and licensed for use on public roads) shall be surfaced in asphalt or
concrete.
e. All contractor yards adjacent to an residential Zoning District shall meet the
required building setback for the Industrial Zoning District; in all other
instances contractor yards shall meet the required parking setback.
CONTROLLED ACCESS LOT
A. Definition: A riparian parcel of land used as a Mooring Facility for non-riparian lot owners
with access to public waters.
B. Zoning District and Conditions:
1. Conditional use in R-1 and R-2 on General Development Lake with the following
conditions:
a. Controlled Access Lots shall meet the following conditions as determined
by the Zoning Administrator:
i. The facility shall be compatible with the adjacent land and water
uses.
ii. Adequate water depth is available for the proposed facility without
churning of bottom sediments.
iii. The facility will not create a volume of traffic on the lake in the
vicinity of the facility that will be unsafe or will cause an undue
burden.
iv. The facility will not affect the quality of water and the ecology of the
lake.
v. The facility, by reason of noise, fumes or other nuisance
characteristics, will not be a source of annoyance to persons in the
vicinity of the facility.
vi. Adequate sanitary and parking facilities will be provided in
connection with the facility.
b. Controlled Access Lots are allowed only on riparian lots on General
Development Lakes by Conditional Use Permit in the R-1 and R-2 Zoning
Districts. Controlled Access Lots shall comply with all applicable conditions
listed in this subsection, the applicable Zoning District and with any other
conditions the Planning Commission, or City Council in the case of an
appeal, may impose that are intended to promote the health, safety and
welfare of the residents within the City. All docks, mooring facilities, and
Controlled Access Lots legally existing on the date of this ordinance which
do not meet the applicable conditions shall be considered legally
nonconforming and the use may be continued in conformance with
Minnesota Statutes Section 462.357 Subd. 1e, including through repair,
replacement, restoration, maintenance, or improvement, but not including
expansion. It is the intent of the City of Prior Lake to allow legally
nonconforming Controlled Access Lots to maintain the number of Boat
Slips which were approved via permit issued by the City of Prior Lake or
Minnesota Department of Natural Resources as of the date of adoption of
this ordinance. Below is a list of legally nonconforming Controlled Access
Lots and the number of Boat Slips permitted for each.
c. The property shall be suitable for the intended use as a Mooring Facility.
d. The property shall be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of non-riparian lots in the subdivision who
are provided access rights on the property.
e. The property shall meet, at a minimum, the width and area requirements
for a Single-Family residential riparian property.
f. The allowable number of Boat Slips for a Controlled Access Lot shall be
based on the conditions identified in (a) above; provided however, in no
case shall the number of Boat Slips exceed one (1) Boat Slip for every 40
feet of lot width. Property width shall be the lesser of either the shoreline
as measured at the ordinary high water level or a straight line measured
between where the two side property lines intersect with the ordinary high
water level (or the straight extension of the side property lines if the side
property lines do not intersect with the ordinary high water level).
Regardless of measurement method, any shoreland area which is
unusable (wetland, swamp, bog, marsh, etc.) or which does not abut or lie
within 10 feet of navigable water, shall not count toward property width.
g. All restricted watercraft moored at the property shall be owned and
registered to owners or tenants of the subdivision lots or their immediate
family. For purposes of this requirement, “immediate family” means the
spouse, parents, children and grandchildren (all including step- and foster-
) of the owner or tenant or the owner or tenant’s spouse. Use of slips by
persons described in this provision is not considered “rental” of slips.
h. Rental of slips is prohibited.
i. Covenants shall be recorded against the Controlled Access Lot and all
benefiting lots that specify which lot owners have authority to use the
Controlled Access Lot and what activities are allowed. The activities may
include watercraft launching, loading, storing, beaching, mooring, or
docking. The covenants may also include other outdoor recreational
activities that do not significantly conflict with general public use of the
public water or the enjoyment of normal property rights by adjacent
property owners. Examples of the non-significant conflict activities include
swimming, sunbathing, or picnicking. The covenants shall limit the total
number of watercraft allowed to be securely moored, docked, or stored
over water, and shall require centralization of all common facilities and
activities in the most suitable locations on the property to minimize
topographic and vegetation alteration. The covenants shall also require all
parking areas, storage buildings, and other facilities to be screened by
vegetation or topography as much as practical, from view from public water,
assuming summer, leaf-on conditions.
j. Functioning restroom facilities shall be accessible on the property for all
users of the property 24 hours per day during the boating season (from
May 1 through September 30). The restrooms shall either be connected to
municipal sanitary sewer or shall be Portable Toilets as approved by the
Zoning Administrator.
k. No dock, mooring facility or other structure shall be located so as to:
i. Obstruct the navigation of any lake;
ii. Obstruct reasonable use or access to any other dock, mooring
facility or other structure;
iii. Present a potential safety hazard; or
iv. Be detrimental to significant fish and wildlife habitat or protected
vegetation.
l. Docks and mooring facilities shall be set back a minimum of ten (10) feet
from side property lines as measured at the Ordinary High Water
Level. Docks and mooring facilities shall be located a minimum of ten (10)
feet from a straight line extension of the side property lines of the property
into the Lake. This requirement may be adjusted, at the discretion of the
Zoning Administrator, in cases where topography significantly limits the
placement of docks.
m. One (1) off-street parking space surfaced in asphalt and concrete shall be
provided for each four (4) Boat Slips for which the owners, lessees or users
do not live within 1,000 feet of the Controlled Access Lot. In addition, a
landscaping buffer shall be installed and maintained between the parking
and the Ordinary High Water Level sufficient to capture and filter all run-off
from the parking area.
n. The storage of materials that are flammable, explosive, or potentially
injurious to human, animal, or plant life upon any Controlled Access Lot,
dock or mooring facility is prohibited.
o. No oscillating, rotating, flashing, moving or advertising signs shall be
permitted on any Controlled Access Lot, dock or mooring facility.
p. Access across wetlands is permitted only in accordance with the State and
Federal wetland regulations.
q. Controlled Access Lots shall meet the Residential Performance Standards
of the Zoning Code.
r. Garbage receptacles shall be made available on the property for use during
the boating season (from May 1 through September 30) and all garbage
receptacles shall be emptied on a regular basis to avoid the accumulation
of refuse.
s. All docks, mooring facilities, and Controlled Access Lots legally existing on
the date of this ordinance which do not meet the above listed conditions shall
be considered legally nonconforming and the use may be continued in
conformance with Minnesota Statutes Section 462.357 Subd. 1e, including
through repair, replacement, restoration, maintenance, or improvement, but
not including expansion. It is the intent of the City of Prior Lake to allow legally
nonconforming Controlled Access Lots to maintain the number of Boat Slips
which were approved via permit issued by the City of Prior Lake or Minnesota
Department of Natural Resources as of the date of adoption of this ordinance.
Below is a list of legally nonconforming Controlled Access Lots and the
number of Boat Slips permitted for each.
Ord. Amd. 123-03 pub. date 6/17/2023
CONVENTION AND EXHIBITION CENTER
A. Definition: The use of a building with meeting rooms for the assembly of persons and the
display of products and information. This use may include accessory food service or banquet
kitchen facilities. Characteristics include heavy parking and loading area requirements and
large scale buildings.
B. Zoning District and Conditions:
1. Conditional use in C-2 and C-3 with the following conditions:
a. All buildings, structures, and truck maneuvering areas shall be located a
minimum of 100 feet from any property line in a residential Zoning District.
b. All loading shall be done within a structure or in an area screened from view
with a wall of the same material as the building. Truck maneuvering areas
shall be completely screened.
DATA CENTER
A. Definition: The storage, management, processing and transmission of digital data, the
housing of computer and/or network equipment, systems, servers, appliances, and other
associated components related to digital data operations. May also include air handlers,
power generators, water cooling and storage facilities, utility substations, and other
associated utility infrastructure to support sustained operations at a data center.
B. Zoning District and Conditions:
1. Permitted use in C-3 and I-1.
DAY CARE, FAMILY (INCLUDES FAMILY DAY CARE AND GROUP FAMILY DAY CARE AS DEFINED BY
STATE STATUTE)
A. Definition: The care, protection and supervision of children in a private single family
dwelling for periods of less than 24 hours per day for a fee. A Family Day Care may serve no
more than ten (10) children at a time and a Group Family Day Care may serve no more than
14 children at a time. The size of the outdoor play area, the maximum number of children
who may be served, and the number and qualifications of required outside teachers or
helpers are set forth in Minnesota State Statutes which may be amended from time to time.
This use must be licensed by the State of Minnesota or Scott County.
B. Zoning District and Conditions:
1. Permitted accessory use in A, R-S and R-1.
2. Permitted with conditions in R-2, R-3 and TC-T with the following conditions:
a. Use must be located in a single family detached dwelling, not permitted in a
twinhome, rowhome or multi family dwelling.
DAY CARE, COMMERCIAL (INCLUDES CHILD CARE PROGRAMS AS DEFINED BY STATE STATUTE)
A. Definition: The systematic organization or arrangement of activities, personnel,
materials, and equipment in a facility to promote the physical, intellectual, social, and
emotional development of a child in the absence of the parent for a period of less than 24
hours a day in a non-residential building. This use must be licensed by the State of
Minnesota or Scott County.
B. Zoning District and Conditions:
1. Permitted with conditions in A, R-S and R-1 with the following conditions:
a. May serve no more than 12 children at a time.
b. At least 40 square feet of outside play space per child is provided.
c. The outside play area must be fenced and screened with a bufferyard Type
B as defined in the Zoning Code.
d. Off-street drop off and loading areas must be provided which do not interfere
with traffic and pedestrian movements.
2. Permitted with conditions in R-2 and R-3 with the following conditions:
a. May serve no more than 16 children at a time.
b. At least 40 square feet of outside play space per child is provided.
c. The outside play area must be fenced and screened with a bufferyard Type
B as defined in the Zoning Code.
d. Off-street drop off and loading areas must be provided which do not interfere
with traffic and pedestrian movements.
3. Permitted with conditions in TC, C-1 and C-2 with the following conditions:
a. At least 40 square feet of outside play space per child is provided.
b. The outside play area must be fenced and screened with a bufferyard Type
B as defined in the Zoning Code.
c. Off-street drop off and loading areas must be provided which do not interfere
with traffic and pedestrian movements.
d. Outdoor play areas shall be located a minimum of 100 feet from a roadway
designated in the Comprehensive Plan as a principal arterial. For all other
road classifications, the outdoor play areas shall be setback the minimum
building setback from the property line.
e. In the TC Zoning District, the facility shall not be located fronting Main Avenue,
Dakota Street or County Road 21.
DEDICATED WATERFRONT
A. Definition: A Dedicated Waterfront is a parcel of land which has all of the following
elements: (i) the parcel of land is used as a Mooring Facility for access to public waters for
non-riparian lot owners; (ii) the source of the right to access public waters is by virtue of a
grant or dedication on a plat; and (iii) the lots with the right to access public waters are not
subject to recorded homeowners’ association documents. Only those parcels that exist in
this manner as of January 1, 2016 shall qualify as Dedicated Waterfront.
B. Zoning District and Conditions:
1. Permitted with conditions in R-1 with the following conditions:
a. The facility shall be compatible with the adjacent land and water uses.
b. Adequate water depth is available for the proposed facility without churning
of bottom sediments.
c. The facility will not create a volume of traffic on the lake in the vicinity of the
facility that will be unsafe or will cause an undue burden.
d. The facility will not affect the quality of water and the ecology of the lake.
e. The facility, by reason of noise, fumes or other nuisance characteristics,
will not be a source of annoyance to persons in the vicinity of the facility.
f. Adequate sanitary and parking facilities will be provided in connection with
the facility.
DRY CLEANING
A. Definition: The cleaning or dry cleaning of clothing, diapers or other fabrics on site.
Materials to be cleaned may be brought to the site either by delivery trucks operated as part
of the business or by customers who drop off and pick up their own materials to be cleaned.
The use may include the storage of delivery vehicles on the site.
B. Zoning District and Conditions:
1. Permitted with conditions in TC with the following conditions:
a. The buildings housing the use shall not exceed 5,000 square feet in area.
b. Outside storage and parking of trucks involved in the operation of the
business is limited to trucks and vans with a manufacturer’s rated cargo
capacity of one (1) ton or less. All trucks in operation with the business
must be stored on-site (not in public parking areas).
2. Permitted with conditions in C-1 and C-2 with the following conditions:
a. The total area in which the buildings housing the use occurs shall not
exceed 15,000 square feet in area.
b. Outside storage and parking of trucks and vans involved in the operation of
the business is limited to trucks and vans with a manufacturer's rated cargo
capacity of one (1) ton or less.
c. Access shall be from a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be located in a manner that access can be
provided without generating significant traffic on local residential streets.
DWELLING, MULTI FAMILY
A. Definition: A building that includes three or more dwelling units where dwelling units are
configured in part vertically above and below other dwelling units.
B. Zoning District and Conditions:
1. Permitted in R-3.
2. Conditional Use in TC with the following conditions:
a. Multiple family dwellings shall be in combination with a commercial use. This
is in keeping with the objectives of intentional land use planning that facilitates
commercial development for an expanded tax base and exploring ways to
encourage downtown as a vibrant destination.
b. Commercial uses shall occupy a minimum of 60% of the building’s first floor
(street level) area for all buildings that are located on a “prime commercial
lot”. For the purposes of this subsection, a prime commercial lot is one that
due to its location, street or highway frontage, access, visibility, size and/or
other features would be appropriate for commercial uses.
i. Commercial uses shall occupy a minimum of 85% of the first floor
(street level) front building façade facing a public street or highway.
This requirement shall apply to all building facades facing a public
street or highway. Residential lobby and management/leasing offices
and residential amenity spaces such as studios, fitness centers,
refreshment areas, meeting spaces, pet wash stations, etc. shall not
be considered commercial uses.
c. For buildings that are not located on a prime commercial lot, commercial uses
shall occupy a minimum of 25% of the building’s first floor (street level) area.
i. Commercial uses shall occupy a minimum of 15% of the first floor
(street level) front building façade facing a public street or highway.
This requirement shall apply to all building facades facing a public
street or highway. Residential lobby and management/leasing offices
and residential amenity spaces such as studios, fitness centers,
refreshment areas, meeting spaces, pet wash stations, etc. shall not
be considered commercial uses.
d. The minimum number of off-street private parking shall be provided at a rate
of one and one-half (1.5) parking stalls per residential unit.
e. Safe and adequate pedestrian access to open space, plazas and pedestrian
ways must be provided. (Ord. Amd. 122-10, Pub. 8/13/2022)
DWELLING, SINGLE FAMILY ATTACHED - ROWHOME
A. Definition: A building or group of buildings that include three or more dwellings on a site
where the dwellings are configured in a side by side or back to back fashion and share at
least one (1) common wall but are not vertically stacked.
B. Zoning District and Conditions:
1. Permitted in R-2 and R-3.
DWELLING, SINGLE FAMILY ATTACHED - TWINHOME
A. Definition: A dwelling unit designed or used for residential occupancy by two families
fully separated by an unpierced wall extending from ground to roof or an unpierced ceiling
and floor extending from exterior wall to exterior wall, except for a common stairwell
exterior to both units, including both duplexes and double bungalows but not including
accessory apartments.
B. Zoning District and Conditions:
1. Permitted in R-2 and R-3.
DWELLING, SINGLE FAMILY DETACHED
A. Definition: A dwelling unit designed or used for residential occupancy by one family that
is physically separated from any other dwelling on the same property.
B. Zoning District and Conditions:
1. Permitted in A, R-S, R-1, and R-2.
ELECTRICAL UTILITY SUBSTATIONS
A. Definition: A structure of electrical components to transform high voltage electricity into
lesser voltages to make suitable for distribution to end users. The use consists of a large
structure and numerous power lines which are difficult to screen. This use has minimal
outdoor activity and traffic generation.
B. Zoning District and Conditions:
1. Conditional use in A, R-S, TC, C-1, C-2, C-3 and I-1 with the following conditions:
a. No structure shall be located within 25 feet of any property line.
b. No structure shall be located within 100 feet of any property line in a
residential Zoning District.
EXCLUSIVE LIQUOR STORE
A. Definition: An establishment operating as an Exclusive Liquor Store pursuant to City Code
Section 301.
B. Zoning District and Conditions:
1. Permitted use in TC, C-1, and C-2.
EXPANSION OF NONCONFORMING USE IN TOWN CENTER
A. Definition: A use existing legally on June 1, 2009 in the TC district.
B. Zoning District and Conditions:
1. Conditional use in TC with the following conditions:
a. The use must exist on June 1, 2009 and may be expanded only on the
existing parcel, or on a combination of parcels as part of a campus plan.
b. All new construction must be consistent with the design standards of the TC
Zoning District.
FREIGHT TERMINAL
A. Definition: Short-term storage and transshipment of materials and the outdoor storage of
trucks and directly related equipment. Characteristics include high volumes of large truck
traffic.
B. Zoning District and Conditions:
1. Permitted use in I-1.
FUNERAL HOME
A. Definition: The holding of funeral services and embalming and other processes in
preparation of the deceased for burial; the use may include the storage of caskets, funeral
urns and other related funeral supplies, and usually provides vehicles to transport the
deceased to the place of burial. This use does not include a crematorium. Characteristics
include intermittent periods of high traffic generation.
B. Zoning District and Conditions:
1. Permitted use in C-1 and C-2.
GOLF COURSE
A. Definition: Land used for playing golf outdoors which consists of golf holes, clubhouse
facilities which may contain lockers, shower rooms, dining and bar facilities, incidental sale
of golf related items, off-street parking facilities and associated structures for the
maintenance and storage of golf course maintenance vehicles and equipment.
B. Zoning District and Conditions:
1. Conditional use in A, R-S, R-1, R-2 and R-3 with the following conditions:
a. All structures shall be located a minimum of 30 feet from any property in a
residential Zoning District.
GUN RANGE, INDOOR
A. Definition: A totally enclosed building that is equipped for the practice of shooting
firearms, including archery, where no activity associated with shooting is conducted
outside the building.
B. Zoning District and Conditions:
1. Conditional use in C-3 and I-1 with the following conditions:
a. Indoor Gun Ranges must be designed so projectiles cannot penetrate the
walls, floor or ceiling and so ricochets or back splatter cannot harm range
users.
b. No light, sound or vibration originating from the building shall be discernible
at any abutting property line.
HEAVY EQUIPMENT AND SPECIALIZED VEHICLE SALE, RENTAL & SERVICE
A. Definition: The sale, rental and servicing of equipment and vehicles of the following types:
• Farm and construction machinery or equipment;
• Buses and vans designed primarily for the transportation of ten (10) or more passengers;
• Motorhomes, recreational vehicles, trailers, and boats of any size.
B. Zoning District and Conditions:
1. Permitted with conditions in I-1 with the following conditions:
a. No sales, storage, rental or display of automobiles shall be permitted.
b. No test driving shall be permitted on any street in a residential Zoning District.
c. No car washes shall be permitted for public use.
d. No inoperable equipment or vehicles shall be stored outside the primary
structure or designated screened storage areas.
HOME OCCUPATIONS
Definition: An occupation, profession, or activity which occurs primarily in a dwelling unit,
provides gainful employment of a person or persons residing in the dwelling unit, is clearly
incidental and subordinate to the residential use, and which does not alter the exterior of the
dwelling or structures on the lot, or affect the residential character of the neighborhood. It is
the intent of the City to maintain the character and integrity of residential areas by establishing
standards regulating home occupations so that they can be conducted in a manner that does
not jeopardize the health, safety and general welfare of residential neighborhoods. The
purpose of this provision is to distinguish between those home occupations that have minimal
or no secondary impact and those that have the potential for adverse effects upon
neighboring properties.
A. Zoning District and Conditions:
1. Permitted accessory use in A, R-S, R-1, R-2, R-3 and TC-T with the following
conditions:
a. Space within the dwelling, excluding an attached garage, devoted to the
home occupation shall not exceed 500 sq. ft. or 20% of the floor area,
whichever is greater. Space within an attached garage or detached
accessory structure devoted to the home occupation shall not exceed 250
sq. ft. or 50% of the total floor area of all attached garages and detached
accessory structures, whichever is greater.
b. The home occupation shall be conducted by the person or persons residing
in the dwelling unit. One employee who does not reside in the dwelling unit
is allowed so long as off-street parking is provided for that employee on a
hard surface driveway which meets the requirements of the City Code for
off-street parking.
c. All equipment, machinery, and materials shall be stored within an enclosed
structure.
d. The use must be clearly subordinate to the residential use of the property.
e. The structure utilized for the home occupation shall conform to all
applicable fire and building codes.
f. The activity does not generate traffic in greater volumes than would
normally be expected in a residential neighborhood.
g. Operation of the home occupation is not apparent from the public right-of-
way or any lake.
h. Commercial motor vehicles are prohibited from being parked on residential
lots.
i. Deliveries may only be sent to or from the lot using a passenger motor
vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.)
j. Nothing used in the home occupation shall create noise, vibration, smoke,
dust, electrical disturbances, odors, heat, glare or other nuisance factors
which are discernible at the property line.
k. Everything associated with the home occupation shall be stored, handled
and disposed of according to all applicable local, state and federal
guidelines.
l. No garbage, rubbish, or refuse container shall exceed 96 gallons in
capacity.
m. The following activities shall not be allowed as home occupations:
i. Repair, painting, service or sales of small engines.
ii. Repair, painting, service or sales of motor vehicles that are not
registered to a resident of the dwelling.
iii. Repair, painting, service or sales of recreational vehicles that are
not registered to a resident of the dwelling.
iv. Repair, painting, service or sales of commercial motor vehicles.
v. Adult uses.
vi. Medical, dental, chiropractic, psychiatric or other similar treatment
or therapy, including acupuncture, where the person(s) providing
the service is not licensed by the State of Minnesota to administer
such treatment.
vii. Businesses, educational programs or similar gatherings which meet
on a regular basis, having more than six (6) non-resident persons
in attendance at one time.
viii. Animal Handling, including boarding, breeding, and grooming
establishments.
ix. Music instruction, unless conducted within a detached single family
dwelling unit.
x. Beauty or barber shop with more than one (1) chair providing
service.
xi. Manufacturing or processing.
xii. Any use which violates any applicable law.
xiii. Other uses as determined by the Zoning Administrator to have an
adverse impact upon neighboring properties.
n. Signage shall comply with the sign regulations in the Zoning Code.
o. All applicable permits from other governmental agencies have been
obtained.
p. The City reserves the right to inspect the premises in which the home
occupation is being conducted to ensure compliance with the provisions of
this subsection.
HOSPITAL
A. Definition: An institution that offers health care services, facilities and beds for short or long
term use by individuals requiring diagnosis, treatment or care for illness, injury, deformity,
infirmity, abnormality, disease or pregnancy and may include offices for medical personal,
central facilities such as pharmacies, medical laboratories and other related uses.
B. Zoning District and Conditions:
1. Permitted with conditions in C-2 and C-3 with the following conditions:
a. All buildings and structures shall be located a minimum of 50 feet from any
property line in a residential Zoning District.
b. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent
streets for emergency vehicles and a traffic light shall be installed at the
entrance to the facility to control non-emergency traffic if recommended by
the City Engineer.
d. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
HOTEL/MOTEL
A. Definition: Buildings which provide overnight lodging in individual rooms or suites of rooms,
each having a private bathroom, which are rented by day or week; may include in-room or
in-suite kitchens and recreational facilities for use by lodgers. Restaurants, banquet rooms,
arcades, fitness centers and other amenities available to non-lodgers are considered
separate primary uses.
B. Zoning District and Conditions:
1. Permitted with conditions in TC, C-2 and C-3 with the following conditions:
a. All buildings and structures shall be located a minimum of 100 feet from any
property line in a residential Zoning District.
LIBRARY
A. Definition: A building where collections of books and other materials are housed which is
open to the public during regularly scheduled hours which may include weekend days and
evenings. Books and other materials may be available for loan. Characteristics may include
high parking demand and high traffic generation.
B. Zoning District and Conditions:
1. Permitted use in TC and C-1.
MANUFACTURING/PROCESSING
A. Definition: The production of a physical commodity or changing the form of a raw
ingredient; it may include administrative offices, warehousing, and limited distribution and
outlet sale of a commodity. Characteristics may include heavy truck traffic, odor and noise of
processes and equipment, refuse storage issues, and the use of toxic and hazardous
materials. Concrete plants, junkyards, slaughter houses, rendering plants, salvage yards,
and auto reduction plants are excluded.
B. Zoning District and Conditions:
1. Permitted use in C-3 and I-1
MARINA, COMMERCIAL
A. Definition: A mooring facility of six or more restricted watercraft wherein boat slips are
leased and commercial ancillary services common to marinas are provided, including boat
tours.
B. Zoning District and Conditions:
1. Conditional use in R-2 and C-2 with the following conditions:
a. A Marina shall meet the following conditions as determined by the Zoning
Administrator:
i. The facility shall be compatible with the adjacent land and water
uses.
ii. Adequate water depth is available for the proposed facility without
churning of bottom sediments.
iii. The facility will not create a volume of traffic on the lake in the
vicinity of the facility that will be unsafe or will cause an undue
burden.
iv. The facility will not affect the quality of water and the ecology of the
lake.
v. The facility, by reason of noise, fumes or other nuisance
characteristics, will not be a source of annoyance to persons in the
vicinity of the facility.
vi. Adequate sanitary and parking facilities will be provided in
connection with the facility.
b. Commercial Marinas are allowed only on riparian lots on General
Development Lakes, by Conditional Use Permit in the R-2 or C-2 Zoning
Districts. The lot and Commercial Marina shall comply with all applicable
conditions listed this subsection, the applicable Zoning District and with any
other conditions the Planning Commission, or City Council in the case of
an appeal, may impose that are intended to promote the health, safety and
welfare of the residents within the City.
c. The minimum property size shall be one (1) acre.
d. The lot shall provide off-street parking surfaced in asphalt or concrete at a
minimum ratio of one (1) parking space per four (4) boat slips; parking shall
not be located below the Ordinary High Water Level and further meet the
standards in parking section of the Zoning Code. In addition, a landscaping
buffer shall be installed and maintained between the parking and the Ordinary
High Water Level sufficient to capture and filter all run-off from the parking.
Additional off-street parking may be required for boat tours or if the Zoning
Administrator determines that an ancillary use requires additional parking.
e. The property shall have public bathrooms connected to municipal sanitary
sewer as approved by the City.
f. The property shall meet the impervious surface coverage requirements for a
permitted commercial use in the Shoreland Overlay District.
g. A bufferyard, Type C, as defined in the Zoning Code, shall be installed and
maintained along any property line abutting a residential Zoning District.
h. Hours of operation for boat tours shall be limited to between 7:00 a.m. and
10:00 p.m., seven days a week.
i. Commercial Marinas shall obtain and comply with a permit issued by the
Minnesota Department of Natural Resources. The permit shall determine the
number of allowable Boat Slips
MARINA, RECREATIONAL
A. Definition: A mooring facility of seven or more restricted watercraft wherein boat slips are
leased and commercial ancillary services common to marinas are not provided.
B. Zoning District and Conditions:
1. Conditional use in R-2 and C-2 with the following conditions:
a. A Marina shall meet the following conditions as determined by the Zoning
Administrator:
i. The facility shall be compatible with the adjacent land and water
uses.
ii. Adequate water depth is available for the proposed facility without
churning of bottom sediments.
iii. The facility will not create a volume of traffic on the lake in the
vicinity of the facility that will be unsafe or will cause an undue
burden.
iv. The facility will not affect the quality of water and the ecology of the
lake.
v. The facility, by reason of noise, fumes or other nuisance
characteristics, will not be a source of annoyance to persons in the
vicinity of the facility.
vi. Adequate sanitary and parking facilities will be provided in
connection with the facility.
b. Recreational Marinas are allowed only on riparian lots on General
Development Lakes, by Conditional Use Permit in in the R-2 or C-2 Zoning
Districts. The lot and Recreational Marina shall comply with all applicable
conditions listed in this subsection, the applicable Zoning District and with
any other conditions the Planning Commission, or City Council in the case
of an appeal, may impose that are intended to promote the health, safety
and welfare of the residents within the City.
c. The minimum property size shall be one (1) acre.
d. The allowable number of Boat Slips shall be determined by the Zoning
Administrator based on the conditions identified in (a) above.
e. The property shall provide off-street parking surfaced in asphalt or concrete
at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking
shall not be located below the Ordinary High Water Level. In addition, a
landscaping buffer shall be installed and maintained between the parking and
the Ordinary High Water Level sufficient to capture and filter all run-off from
the parking.
f. The property shall meet the impervious surface coverage requirements for
a permitted commercial use in the Shoreland Overlay District.
g. A bufferyard, Type C, as defined in the Zoning Code shall be installed and
maintained along any property line abutting a residential Zoning District.
MEDICAL/DENTAL LABORATORIES
A. Definition: The creation of individually produced and made to order medical and dental
prosthetics for the specific needs of specific individuals. Characteristics may include daily
deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no
use of outside storage and occasional visitation of facilities by customers needing specialized
attention as to the make-up and fit of their specific prosthetic.
B. Zoning District and Conditions:
1. Permitted with conditions in C-2, C-3 and I-1 with the following conditions:
a. The use shall not generate any fumes, noise or odors which are detectable
at the property lines of the parcel on which the use is located.
MEDICAL/DENTAL OFFICE
A. Definition: The direct delivery of health related examination and services or treatment to
individuals on an appointment or walk-in basis; including, but not limited to: counseling,
consultation, chiropractic and podiatry. The use may include a supporting retail component
for medicine, health related food, or other product.
B. Zoning District and Conditions:
1. Permitted use in TC, C-1, C-2 and C-3.
MICRODISTILLERY
A. Definition: An establishment operating as a Microdistillery pursuant to City Code Section
301.
B. Zoning District and Conditions:
1. Permitted use in TC.
2. Conditional use in C-2, C-3, and I-1 with the following conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive
Plan as a collector street or located in a manner so that access can be
provided without generating significantly increased commercial traffic on local
residential streets.
b. All customer entrances to the building shall be located a minimum of 100 feet
from any property line in a residential Zoning District. In the case of a multi-
tenant building, the entrance will be measured from the collective building
entrance. In the case of an entrance with a vestibule, the most exterior
customer entrance door will be the point of measurement.
c. If the building housing the use is located less than 100 feet from any property
line in a residential Zoning District, the following additional conditions shall be
met:
i. All customer entrances to the building shall be through a vestibule
area with an inside and outside door.
ii. No outdoor amplified music, public address system, or outdoor
special event is permitted.
MINING
A. Definition: The extraction and removal of sand, gravel, or other earthen material from a
parcel of land.
B. Zoning District and Conditions:
1. Conditional use in A with the following conditions:
a. Areas used for storage of equipment and materials shall be fully screened.
Screening shall be 100% opacity in the form of fencing, landscaping,
berming or some combination thereof from all property lines and abutting
public rights-of-way.
b. The use shall not generate any lights, fumes, noise or odors which are
detectable at the property lines of the parcel on which the use is located.
c. All necessary governmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
d. No storage of hazardous, explosive, or flammable materials in violation of
the Minnesota State Fire Code.
e. The site shall be kept neat and orderly.
MOTOR FUEL STATIONS
A. Definition: A retail building and accompanying facilities which supplies and dispenses
motor fuels directly into a motor vehicle; it also includes the sale of motor vehicle accessories,
such as lubricants, batteries and tires and may also include the sale of food, beverages, etc.
Motor fuels may be self-serve or dispensed by an attendant. Light maintenance activities to
vehicles including engine tune-ups, lubrication, repairs, and carburetor cleaning may also be
conducted. Characteristics include outdoor activity, high traffic generation and extended
hours of operation. This use excludes heavy automobile repair including, but not limited to,
engine overhauls, automobile painting, and body work.
B. Zoning District and Conditions:
1. Conditional use in C-1 and C-2 with the following conditions:
a. If the use is located in the C-1 Zoning District, hours of operation shall be
between 6:00 a.m. and 11:30 p.m.
b. All pump islands, air dispensers and other service devices shall be installed
at least 12 feet from any property line, and no display, servicing of vehicles,
or parking shall take place within the required yard.
c. All parking and areas surfaced in asphalt or concrete shall meet the grading,
design, and landscaping requirements of the City Code for off-street parking.
d. All on-site utility installations shall be placed underground.
e. Outside sale or display is permitted only for gasoline, seasonal items, and
other goods consumed in the normal operation of a car, including but not
limited to oil, gasoline and oil additives, windshield cleaner, windshield wipers,
tires and batteries. No products shall be sold or displayed in any required
yard, parking area, or drive aisle.
f. No public address system shall be audible from any property located in a
residential Zoning District.
g. Canopies and canopy support systems shall be designed and constructed of
materials which are compatible with the principal structure.
MOTOR VEHICLE SALES
A. Definition: Display, sale and rental of motor vehicles, watercraft, and recreational vehicles;
motor vehicle service and repair often occur in conjunction with this use. Characteristics may
include outdoor activity, outdoor sound systems, truck deliveries, night and weekend
operating hours, and test driving on nearby streets.
B. Zoning District and Conditions:
1. Conditional use in C-2 and I-1 with the following conditions:
a. All vehicles stored on the premises shall be insured and operable.
b. All outdoor lots for sales or rental shall be operated in conjunction with a
building or buildings containing the same or similar materials as displayed on
the outdoor lot.
c. The building and the lot for sales or rentals shall be on one contiguous
property.
d. All vehicles shall be located on hard surfaces at all times. The hard surfaces
shall meet all of the landscaping and design requirements of the City Code
for off-street parking.
e. No outdoor public address system shall be audible from any parcel located in
a residential Zoning District.
f. All customer and employee parking shall be clearly designated and signed.
g. No motor vehicle transport loading or unloading shall be permitted on any
minor residential street.
h. No display or storage of motor vehicles shall be permitted on any public right-
of-way.
i. All parking, sales, rental, and storage lots shall be located a minimum of 100
feet from any property line in a residential Zoning District.
j. Test driving shall be in accordance with all applicable federal, state and local
laws and regulations.
MOTOR VEHICLE SERVICE AND REPAIR
A. Definition: Repair, lubrication, washing, detailing, equipment installation, engine overhauls,
and other similar uses involving motor vehicles and recreational vehicles. Characteristics
may include the storage of vehicles, truck traffic, and night and weekend operating hours;
motor fuel stations and auto body/painting are excluded.
B. Zoning District and Conditions:
1. Permitted with conditions in C-2, C-3, and I-1 with the following conditions:
a. No public address system shall be audible from any property located in a
residential Zoning District.
b. All repair, assembly, disassembly and maintenance of vehicles shall occur
inside the primary structure except tire inflation, changing wipers, installation
of batteries or adding oil.
c. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be located in a manner so that access can be
provided without generating significant traffic on local residential streets.
d. The principal structure shall be located a minimum of 100 feet from any
property line in a residential Zoning District..
e. No test driving shall be permitted on any streets in a residential Zoning
District.
f. No car washes shall be permitted for public use.
g. No outdoor storage will be permitted.
h. No sales storage or display of used motor vehicles or recreational vehicles
shall be permitted.
i. No inoperable vehicles shall be stored outside the primary structure.
j. All necessary governmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
NURSERIES AND GREENHOUSES
A. Definition: A business primarily engaged in providing services related to or conducting the
retail sale of horticulture and floriculture products. These businesses typically produce their
own stock.
B. Zoning District and Conditions:
1. Permitted accessory use in A.
2. Conditional use in I-1 with the following conditions:
a. All accessory plantings and gardens adjacent to a residential Zoning District
shall meet the required building setback for the Industrial Zoning District; in
all other instances, accessory plantings and gardens shall meet the required
parking setback.
NURSING HOME
A. Definition: A building or buildings licensed as a nursing home by the State of Minnesota
and providing nursing care (as defined by Minn. Stat. Sec. 144A.014 as may be amended
from time to time) to at least 70% of the residents.
B. Zoning District and Conditions:
1. Permitted with conditions in R-2, R-3 and C-2 with the following conditions:
a. In a C-2 Zoning District the use shall not be located on a “prime
commercial property”. A prime commercial property is one that due to its
location, street frontage, access, visibility, size and/or other features
would be appropriate for a large and/or high traffic commercial use.
b. The density shall not exceed 30 dwelling units per acre.
c. The building design and placement must provide a residential environment
with minimum exposure to noise and traffic.
d. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
e. The minimum spacing between buildings shall be at least equal to the
average heights of the buildings except where dwellings share common
walls.
f. Buildings shall be located a minimum of 15 feet from the back of the curb
line of internal private roadways or parking lots.
g. The property owner shall record a covenant to run with the land executed in
a form approved by the City which restricts the use of the property to
occupancy as required for a Nursing Home/Senior Housing with Services
Establishment.
h. The development shall provide a lounge or other inside community room(s)
providing a minimum of 15 square feet per unit.
OFFICE
A. Definition: A building in which the handling of information or the performing of
administrative services is conducted; includes services provided to persons both on-site and
off-site on a walk-in or appointment basis such as counseling or indirect or non-personal
service such as real estate, travel agencies, financial agencies, insurance offices and
professional offices. Excludes hospitals or other medical facilities; except it may include up
to a maximum of 10% of the gross floor area in medical or dental offices. Characteristics
include high peak period traffic generation between the hours of 8:00 a.m. to 5:00 p.m.
B. Zoning District and Conditions:
1. Permitted use in TC, C-1, C-2, C-3, and I-1.
OUTDOOR SALES/DISPLAY
A. Definition: The display and sale or rental of merchandise or equipment outside of an
enclosed building; may include boat sales, canoe sales, nursery sales, lumber sales; but it
excludes the sale of motor vehicles.
B. Zoning District and Conditions:
1. Permitted with conditions in TC with the following conditions:
a. The items displayed must be directly related to the principal use.
b. The area allowed for outdoor sales is limited to 30% of the gross floor area
used for the display and sale of merchandise or goods in the principal use.
c. All lighting must be hooded and positioned so the light source is not visible
from the public right-of-way or from neighboring properties in a residential
Zoning District and is compliant with the lighting regulations of the Zoning
Code.
d. Areas where outdoor sales occur must be hard surfaced with asphalt or
concrete.
2. Permitted with conditions in C-2 and C-3 with the following conditions:
a. No public address system shall be audible from any property located in a
residential Zoning District.
b. The site shall be kept neat and orderly.
c. The use shall not be permitted within any required yard, bufferyard or
landscaped area.
d. This use shall be located a minimum of 100 feet from any property line in a
residential Zoning District.
e. The operator of the use shall not sell or trade exclusively in used
merchandise, but shall have at least 1/3 of its stock on the site as new, unused
merchandise.
f. The items displayed must be directly related to the principal use.
g. The entire site, other than that used or required to be used for building, yard,
bufferyard, or landscaping shall be surfaced in asphalt and concrete.
h. String lighting is prohibited.
i. The area of outdoor sales or rental lots used for storage and display of
merchandise shall not exceed 500 square feet.
j. A bufferyard Type B, as defined in the Zoning Code, shall be installed and
maintained along all public right-of-ways.
3. Permitted with conditions in I-1 with the following conditions:
a. The items displayed must be directly related to the principal use.
b. The site shall be kept neat and orderly.
c. The area allowed for outdoor sales is limited to 30% of the gross floor area
used for the display and sale of merchandise or goods in the principal
building.
OUTDOOR SEATING
A. Definition: The use of an adjacent, outside area by a restaurant, brew pub, brewer
taproom, cocktail room, small brewer or microdistillery for the same eating and drinking
activities that occur within the establishment.
B. Zoning District and Conditions:
1. Permitted with conditions in TC with the following conditions:
a. Use shall be an accessory use to a restaurant, brew pub, brewer taproom,
cocktail room, small brewer or microdistillery.
2. Permitted with conditions in C-1 with the following conditions:
a. Use shall be an accessory use to a restaurant, brew pub, brewer taproom,
cocktail room, small brewer or microdistillery.
b. No speakers or other electronic devices which omit sound are permitted
outside of the principal structure.
c. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
d. Additional parking will not be required if the outdoor seating area does not
exceed 500 square feet or 10% of the gross floor area of the building,
whichever is less. Parking will be required at the same rate as the principal
use for that portion of outdoor seating area in excess of 500 square feet or
10% of the gross floor area of the building, whichever is less.
3. Permitted with conditions in C-2 with the following conditions:
a. Use shall be an accessory use to a restaurant, brew pub, brewer taproom,
cocktail room, small brewer or microdistillery.
b. The use shall be separated from any adjacent residential use by a building
wall. This provision will not apply if the residential use is located in an upper
story above a restaurant.
c. No speakers or other electronic devices which omit sound shall be audible
from any property located in a residential Zoning District.
d. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within
300 feet of any property line in a residential Zoning District.
e. Additional parking will not be required if the outdoor seating area does not
exceed 500 square feet or 10% of the gross floor area of the restaurant,
whichever is less. Parking will be required at the same rate as the principal
use for that portion of outdoor seating area in excess of 500 square feet or
10% of the gross building area, whichever is less.
OUTDOOR STORAGE, CLASS I
A. Definition: The receiving, keeping, or shipping of goods and materials outside of an
enclosed building where such use occupies an area no larger than 50% of the floor area of
the principal structure. Outdoor storage includes only the unloading, loading, and keeping of
materials; may include storage yards for contractors, equipment, lumber, landscaping
materials, construction materials and shipping materials and containers. Storage of
unlicensed or inoperable vehicles or other materials typically associated with a junkyard or
salvage yard are excluded.
B. Zoning District and Conditions:
1. Permitted with conditions in C-3 with the following conditions:
a. The items stored must be directly related to the principal use.
b. Outdoor storage areas shall be screened from view of all adjacent property
and public street. Outdoor storage areas shall be screened by a 100% solid
fence or wall of at least six (6) feet in height. Privacy slats, wind screening or
fence inserts, commonly used with chain link fencing, shall not be used to
achieve this screening requirement.
c. All outdoor storage areas adjacent to a residential Zoning District shall meet
the required building setback for the Industrial Zoning District; in all other
instances outdoor storage shall meet the required parking setback.
2. Permitted with conditions in I-1 with the following conditions:
a. The items stored must be directly related to the principal use.
b. Storage areas shall be fully screened. Screening shall be 100% opacity in
the form of fencing, landscaping, berming or some combination thereof from
all property lines and abutting public rights-of-way.
c. Stored materials shall not interfere with either on-site or off-site traffic visibility.
d. All areas used for storage shall be surfaced in asphalt or concrete and a
drainage plan for the site shall be approved by the City Engineer.
e. All outdoor storage areas adjacent to a residential Zoning District shall meet
the required building setback for the Industrial Zoning District; in all other
instances outdoor storage shall meet the required parking setback.
OUTDOOR STORAGE, CLASS II
A. Definition: The receiving, keeping or shipping of goods and materials outside of an
enclosed building where such use occupies an area larger than 50% of the floor area of the
principal structure. Outdoor storage includes only the unloading, loading, and keeping of
materials; may include storage yards for contractors, equipment, lumber, landscaping
materials, construction materials and shipping materials and containers. Storage of
unlicensed or inoperable vehicles or other materials typically associated with a junkyard or
salvage yard are excluded.
B. Zoning District and Conditions:
1. Conditional use in C-3 with the following conditions:
a. Outdoor storage areas shall be screened from view of all adjacent property
and public streets. Outdoor storage areas shall be screened by a 100%
solid fence or wall of at least 6 feet in height. Privacy slats, wind screening
or other fence inserts, commonly used with chain link fencing, shall not be
used to achieve this screening requirement.
b. All outdoor storage areas adjacent to a residential Zoning District shall meet
the required building setbacks for the Industrial Zoning District; in all other
instances outdoor storage shall meet the required parking setback.
c. Storage or parking of vehicles larger than one (1) ton capacity may be stored,
provided that such vehicles are used in connection with a business located in
the principal structure on-site and are screened from view of adjacent
residential property and public streets in accordance with the landscaping and
screening requirements of the Zoning Code.
2. Conditional use in I-1 with the following conditions:
a. Outdoor storage areas shall be fully screened from view of all adjacent
property and public streets. Outdoor storage areas shall be screened by a
minimum 98% opacity fence or wall of at least 6 feet in height.
b. All outdoor storage areas adjacent to a residential Zoning District shall meet
the required building setback for the Industrial Zoning District; in all other
instances outdoor storage shall meet the required parking setback.
c. Stored materials shall not interfere with either on-site or off-site traffic
visibility.
d. All storage areas shall be surfaced in asphalt or concrete, and a drainage
plan for the site shall be approved by the City Engineer; exceptions may be
granted in the CUP for situations that may not warrant paving or may allow
an equivalent surface material based on conditions such as distance of the
storage area from a public street or the use of the storage area.
PARKING LOT, FREESTANDING
A. Definition: A hard surfaced area, typically asphalt or concrete where the principal use is
the temporary parking of licensed, operable motor vehicles for periods of less than 24 hours
at a time and which has a means of access to a public street.
B. Zoning District and Conditions:
1. Conditional use in TC, TC-T, R-1, R-2 and R-3 with the following conditions:
a. The parking lot must be accessory to an existing nonresidential or
recreational use located within the same Zoning District.
b. The parking lot must be located within 500 feet of the existing nonresidential
or recreational use.
c. The parking lot must meet all the requirements for off-street parking in the
Zoning Code.
d. No storage of any kind is permitted on the property.
e. No structures are permitted on the property.
PARKING LOT, ON-SITE
A. Definition: A hard surfaced area, typically asphalt or concrete as an accessory to the
principal use of the property for the temporary parking of licensed, operable motor vehicles
for employees and customers for periods of less than 24 hours at a time.
B. Zoning District and Conditions:
1. Conditional use in R-1, R-2 and R-3 with the following conditions:
a. The parking lot must be accessory to an existing nonresidential or
recreational use located within the same Zoning District.
b. The parking lot must meet all the recruitments for off-street parking in the
Zoning Code.
c. No storage of any kind is permitted on the property.
2. Permitted with conditions in TC and TC-T with the following conditions:
a. The parking lot shall be located to the side or rear of the principal building, not
between the building and the right-of-way.
b. Parking lots adjoining the sidewalk or a walkway shall be separated from the
sidewalk or walkway by a landscaped yard at least four (4) feet wide,
containing a decorative fence or wall between two and a half (2½) and three
(3) feet in height.
c. One canopy tree shall be provided for each 25 linear feet of parking lot
frontage on a public street or right of way.
d. The corners of the parking lot and all other areas not used for parking or
vehicular circulation shall be landscaped with turf grass, native grasses or
other perennial flowering plants, vines, shrubs, and trees. Such spaces may
include architectural features such as benches, kiosks, or bicycle parking.
The interior of parking lots containing 20 or more spaces shall contain
landscaped areas equal to at least 15% of the total parking lot area, including
a minimum of one deciduous shade tree per ten (10) parking spaces. Lawns
or landscaped areas within ten (10) feet of the perimeter of the parking lot
may be counted toward the required landscaping.
3. Permitted use in C-1, C-2, C-3, and I-1.
PARKING RAMP
C. Definition: A structure built for the storage of licensed, operable motor vehicles for periods
of less than 24 hours at a time.
D. Zoning District and Conditions:
1. Permitted with conditions in TC with the following conditions:
a. Ramp shall be located to the side or rear of the principal building, not between
the building and the right-of-way.
b. Parking ramps adjoining the sidewalk or a walkway shall be separated from
the sidewalk or walkway by a landscaped yard at least four (4) feet wide,
containing a decorative fence or wall between two and a half (2½) and three
(3) feet in height.
c. One canopy tree shall be provided for each 25 linear feet of parking lot
frontage on a public street or right of way.
d. The corners of lots containing parking ramps and all other areas not used for
parking or vehicular circulation shall be landscaped with turf grass, native
grasses or other perennial flowering plants, vines, shrubs and trees. Such
spaces may include architectural features such as benches, kiosks or bicycle
parking. The interior of parking lots containing 20 or more spaces shall
contain landscaped areas equal to at least 15% of the total parking lot area,
including a minimum of one deciduous shade tree per ten (10) parking
spaces. Lawns or landscaped areas within ten (10) feet of the perimeter of
the parking lot may be counted toward the required landscaping.
2. Permitted accessory use in C-3 with the following conditions:
a. The ramp shall be an accessory to a permitted or conditional use on the
property.
PARKS/OPEN SPACE
A. Definition: A structure or area used for passive recreation including, but not limited to:
hiking trails, natural areas, wild life areas, arboretums and open grass areas.
B. Zoning District and Conditions:
1. Permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1.
PARK/RECREATION
A. Definition: A structure or land area used for active outdoor recreation activities such as
baseball diamonds, tennis courts, basketball courts, play fields, playgrounds, outdoor
swimming pools, fitness courses and driving ranges.
B. Zoning District and Conditions:
1. Permitted use in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and I-1.
PLACE OF ASSEMBLY
A. Definition: A structure or portion thereof where 20 or more persons congregate for
religious, political, or social purposes. Does not include a government structure or an
educational establishment.
B. Zoning District and Conditions:
1. Permitted use in A.
2. Permitted with conditions in R-S, R-1, R-2 and R-3 with the following conditions:
a. All buildings shall be located at least 30 feet from any property line in a
residential Zoning District.
b. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
POLE BUILDING
A. Definition: A post frame construction building in which poles or timbers are inserted into
the ground vertically, commonly at six (6) to ten (10) foot intervals with lateral supports, to
form the primary support for the roof system and structure foundation.
B. Zoning District and Conditions:
1. Permitted accessory use in A.
2. Conditional use in I-1 with the following conditions:
a. The pole building will not alter the essential character of the neighborhood or
Zoning District.
b. At least 60% of the use of the pole building will be designed for large space
uses, including, but not limited to warehouse, large vehicle or equipment
repair and building materials.
c. The pole building will be designed to be durable for industrial uses.
d. Pole buildings are not eligible to receive City public financing assistance
related to economic development.
POLICE/FIRE STATION/AMBULANCE
A. Definition: Police, fire, and ambulance related activities, either public or accredited with
local health care facilities, designed to serve the public health and safety; may include an
office component, storage of fire trucks, police cars and equipment, and the boarding of
personnel within an enclosed building. Characteristics may include sporadic periods of loud
noise, sirens, and activity.
B. Zoning District and Conditions:
1. Permitted with conditions in R-3, TC, C-1, C-2 and C-3 with the following conditions:
a. Buildings shall be located a minimum of 25 feet from any property in a
residential Zoning District.
b. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent
streets for emergency vehicles and a traffic light shall be installed at the
entrance to the facility to control non-emergency traffic if recommended by
the City Engineer.
PRINTING PROCESS
A. Definition: A commercial or industrial printing operation involving a printing, imprinting,
reproduction, or similar process. Methods may include but are not limited to off-set printing,
lithography, web offset, and flexography.
B. Zoning District and Conditions:
1. Permitted use in C-3 and I-1.
PRIVATE ENTERTAINMENT, INDOOR
A. Definition: Any building operated on a commercial basis for the purpose of recreation,
amusement, entertainment or training, the use may include but is not limited to, theatres,
health or fitness centers, game rooms, bowling alleys, swimming pools, miniature golf
courses, pool halls, ballroom, bingo, gymnasium, ice or roller skating, baseball, basketball,
gymnastics, dance, golf, soccer, football, tennis, or similar athletic and recreation activities
any of which are located indoors, but excluding golf courses.
B. Zoning District and Conditions:
1. Permitted with conditions in TC, C-2, C-3 and I-1 with the following conditions:
a. The use shall be located a minimum of 60 feet from any property line in a
residential Zoning District.
b. The use shall provide a designated drop-off/pick-up area that is physically
separated from truck loading/unloading areas.
c. The number of necessary parking spaces will be based on the individual uses
as designated in the off-street parking Section of the Zoning Code.
d. All use activities shall be conducted within the principal structure
e. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5
a.m. to 11 p.m. on weekends.
PRIVATE ENTERTAINMENT, OUTDOOR
A. Definition: Any property operated on a commercial basis for the purpose of recreation,
amusement, entertainment or training, the use may include but is not limited to, theatres,
swimming pools, miniature golf courses, ice or roller skating, baseball, basketball,
gymnastics, dance, golf, soccer, football, tennis, or similar athletic and recreation activities,
but excluding golf courses.
B. Zoning District and Conditions:
1. Conditional use in A with the following conditions:
a. Access to the site shall be from a major or minor collector or arterial street.
b. The use shall be located a minimum of 100 feet from any property line in a
residential Zoning District.
c. The use shall provide a designated drop-off/pick-up area that is physically
separated from truck loading/unloading areas.
d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5
a.m. to 11 p.m. on weekends.
e. No outdoor public address system shall be audible from any parcel located in
a residential Zoning District.
f. The site shall be kept neat and orderly.
g. Functioning restroom facilities shall be accessible on the property for all
users during hours of operation. The restrooms shall either be connected
to municipal sanitary sewer or shall be Portable Toilets as approved by the
Zoning Administrator.
h. The storage of materials that are flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
i. Garbage receptacles shall be made available on the property and all
garbage receptacles shall be emptied on a regular basis to avoid the
accumulation of refuse.
j. No light, sound, odor, or vibration originating from the property shall be
discernible at any abutting property line.
PUBLIC SERVICE STRUCTURE
A. Definition: Structures which include water towers, utility and public service related
distribution facilities; and waste water and stormwater drainage structures, but exclude
electrical utility substations. These facilities are normally serviced by small trucks several
times per day and by larger vehicles or equipment on a periodic basis. Buildings typically
have large windowless walls and an institutional appearance.
B. Zoning District and Conditions:
1. Permitted with conditions in A with the following conditions:
a. No public service structure shall be located with 200 feet of any property line
in a residential Zoning District.
b. All services drives shall be surfaced in asphalt or concrete.
c. A bufferyard, Type C as defined in the Zoning Code, shall be installed and
maintained along all public right-of-ways and along all property lines abutting
a residential use district. .
d. All outdoor storage areas accessory to the public service structure must be
located a minimum of 50 feet from any property line.
2. Permitted with conditions in R-S, R-1, R-2 and R-3 with the following conditions:
a. All structures shall be located a minimum of 15 feet from any property line in
a residential Zoning District.
b. All service drives shall be surfaced in asphalt or concrete.
c. A bufferyard, Type C as defined in the Zoning Code, shall be installed and
maintained along all property lines abutting a residential Zoning District.
3. Permitted with conditions in TC, C-1 and C-2 with the following conditions:
a. All structures shall be located a minimum of 10 feet from any property line in
a residential Zoning District.
b. All service drives shall be surfaced in asphalt or concrete.
4. Permitted with conditions in C-3 and I-1 with the following conditions:
a. All structures shall be located a minimum of 25 feet from any property line in
a residential Zoning District.
b. All service drives shall be surfaced in asphalt or concrete.
RADIO TRANSMITTERS, MICROWAVE AND COMMUNICATION TOWERS
A. Definition: See City Code Section 1125.
B. Zoning District and Conditions: See Subsection 707 and 1125.
RECREATIONAL DOME
A. Definition: A translucent or opaque fabric structure supported by air.
B. Zoning District and Conditions:
1. Conditional use in R-1, R-2, R-3, and I-1 with the following conditions:
a. The dome must be accessory to an existing use located within the same
Zoning District.
b. No outdoor storage of any kind is permitted on the site.
c. A bufferyard, Type C as defined in the Zoning Code, shall be installed and
maintained along on property lines abutting a residential Zoning District.
d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5:00
a.m. to 11:00 p.m. on weekends.
e. All mechanical equipment shall be fully screened.
f. All structures shall be located a minimum of 60 feet from any property line in
a residential Zoning District, and the setback shall be increased by an
additional foot for each one (1) foot in height that the structure exceeds 60
feet.
g. No light or vibration originating from the structure or supporting equipment
shall be discernible at the property line.
h. The structure shall not exceed 75 feet in height.
i. The structure shall be of a color that provides for maximum integration within
its surroundings.
j. The dome structure shall be fully insulated.
RECYCLING CENTER
A. Definition: A center for the collection, processing, or repair of recyclable materials for reuse
in their original form or use in manufacturing processes.
B. Zoning District and Conditions:
1. Permitted use in A.
RESEARCH AND TESTING LABORATORIES
A. Definition: Buildings used for carrying on investigation in natural or physical sciences, or
engineering and development as an extension of investigation with the objective of creating
end projects, on a contractual or fee basis.
B. Zoning District and Conditions:
1. Permitted in C-3 and I-1.
RESTAURANTS AND CLUBS/LODGES
A. Definition: An establishment whose principal business is the sale of food and beverages,
with or without liquor, which are prepared and served in individual portions in a ready to
consume state for consumption on site. The use often includes drive through, drive up
window and delivery service. It is preferably located on major thoroughfares with no
access to residential streets.
B. Zoning District and Conditions:
1. Permitted with conditions in TC and C-1, and C-2 with the following conditions:
a. Access shall be located to minimize access to and from local residential
streets.
b. Drive through and drive-up facilities are not permitted in the TC and C-1
districts.
c. Drive through and drive-up facilities are permitted as an accessory use in
the C-2 district subject to the following conditions:
A maximum of two drive through lanes are allowed.
• A bufferyard Type B shall be provided between the drive through
facilities/vehicle stacking areas and adjacent streets. The drive-
through facility shall be designed so it does not impede traffic or impair
vehicular and pedestrian traffic movement or increase the potential
for pedestrian or vehicular conflicts.
• No part of a street may be used for stacking of automobiles
d. Access to and from an outdoor area shall be through the indoor seating
area. There shall be no direct access to an outdoor seating area from the
parking lot or street.
e. Food service to an outdoor area shall be provided during all hours of
operations.
f. Hours of operation for outdoor seating shall be limited to 8:00 a.m. to 10:00
p.m. if the outdoor seating area is located within 200 feet from a
residentially zoned property.
g. No bar shall be located in an outdoor area, except a service bar for the
exclusive use of the employees.
h. No outdoor amplified music or public address system shall be discernible
from a property in a residential Zoning District.
(Amd. Ord. 122-01, publ. 04/02/2022)
RETAIL
A. Definition: A use where merchandise or equipment is displayed, rented, or sold and where
delivery of merchandise or equipment to the ultimate consumer is made; includes limited
production, repair or processing as an accessory use. Hours of operation generally begin
after a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although
some convenience stores and grocery stores are open 24 hours per day. Characteristics
include high parking demand and high off-peak traffic generation; prefers high visibility and
access to major thoroughfares. This use includes but is not limited to, clothing stores,
department stores, grocery stores, , discount stores, jewelry stores, liquor stores,
delicatessens, retail bakeries, toy stores; but excludes restaurants, motor vehicle sales, and
motor fuel stations.
B. Zoning District and Conditions:
1. Permitted use in TC, C-1, and C-2.
SCHOOL, PRE-K-12
A. Definition: An establishment primarily engaged in providing instructional services to
elementary and secondary students with a curriculum that complies with State regulations.
B. Zoning District and Conditions:
1. Permitted with conditions in R-S, R-1, R-2, and R-3 with the following conditions:
a. Access to the site shall be from a major or minor collector or arterial street as
designated in the Comprehensive Plan.
b. Buildings shall be located at least 100 feet from any dwelling on adjacent
property
c. A bufferyard Type C as defined in the Zoning Code shall be installed and
maintained along any property line abutting a residential Zoning District.
d. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
SCHOOL, BUSINESS/TRADE
A. Definition: A post-secondary educational facility serving persons typically over the age of
17 which provides specialized education to develop a skill to prepare for a specific job.
Equipment or processing which simulates an industrial or commercial work setting may be
included.
B. Zoning District and Conditions:
1. Permitted in C-3 and I-1.
SELF-SERVICE STORAGE FACILITY
A. Definition: A business consisting of a structure or group of structures containing separate
storage spaces leased for the storage of goods, products, materials or other objects.
B. Zoning District and Conditions:
1. Conditional use in C-3 with the following conditions:
a. Building shall have interior compartment doors only. No exterior access to
individual compartments allowed.
b. Maximum building height shall be two (2) stories or 35 feet, whichever is
less.
c. No areas on site shall be utilized as residential dwelling units.
d. If the proposed building(s) are within 100 feet of an abutting property which
is used or zoned residential, a minimum six (6) foot fence, wall, or berm
shall screen the buildings from the adjacent residential use. Screening shall
be 100% opacity in the form of a fence, wall, or berm along any residential
zoning district. Privacy slats, wind screening or other fence inserts,
commonly used with chain link fencing, shall not be used to achieve this
screening requirement.
e. Trash, dock areas, and mechanical equipment shall be screened in
accordance with the landscaping and screening requirements of the Zoning
Code.
f. No outdoor storage is permitted on site, including but not limited to vehicles,
recreational vehicles, portable storage units, and construction materials.
g. No storage of hazardous, explosive, or flammable materials in violation of
the Minnesota State Fire Code.
h. No servicing of motor vehicles, boats, lawn mowers, or similar equipment
is permitted on the property.
i. No amplified music/sound, nor wholesale or retail sales, nor garage sales
are permitted.
j. Exterior materials shall be in accordance with the design standards of the
Zoning Code. Each building wall visible from off-site shall have a wall
deviation at least every 40 feet that is a minimum depth of two (2)
feet. Building colors shall consist of subtle, neutral, muted colors with low
reflectance which complement the principal materials. No more than five
(5) percent of each building façade can consist of bright or franchise colors.
k. The site shall be maintained free of litter, odors, pests, and shall be cleaned
of loose debris.
l. All self-service storage facility buildings must be located a minimum of 300
feet from a state highway or county-state aid highway.
2. Permitted with conditions in I-1 with the following conditions:
a. No compartment doors shall be allowed on a building façade which faces
property in a residential zoning district..
b. No areas on site shall be utilized as residential living units
c. Maximum building height shall be two (2) stories or 35 feet, whichever is
less.
d. If the proposed building(s) are within 100 feet of an abutting property which is
used or zoned residential, a minimum six (6) foot tall fence, wall, or berm shall
screen the buildings from the adjacent residential use. Screening shall be
100% opacity in the form of a fence, wall, or berm along any area visible from
any property in a residential Zoning District. Privacy slats, wind screening or
other fence inserts, commonly used with chain link fencing, shall not be used
to achieve this screening requirement.
e. No outdoor storage is permitted on site, including but not limited to vehicles,
recreational vehicles, portable storage units, and construction materials.
f. No storage of hazardous, explosive, of flammable materials is permitted.
g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment
is permitted on site.
h. Amplified music/sound, auctions, wholesale, retail sales and garage sales
are not permitted.
i. Exterior materials shall be in accordance with the design requirements of
the Zoning Code. Building colors shall consist of subtle, neutral, muted
colors with low reflectance which complement the principal materials. No
more than five (5) percent of each building façade can consist of bright or
franchise colors.
j. All self-service storage facility buildings must be located a minimum of 300
feet from a state highway or county-state aid highway.
SENIOR HOUSING
A. Definition: A building or buildings intended and operated for occupancy by persons 55
years of age or older, provided that at least 80 percent of the units are occupied by at least
one person 55 years of age or older.
B. Zoning District and Conditions:
1. Permitted with conditions in R-2 and R-3 with the following conditions:
a. The density shall not exceed 30 dwelling units per acre.
b. The building design and placement must provide a residential environment
with minimum exposure to noise and traffic.
c. Safe and adequate pedestrian access to open space, plazas and pedestrian
ways must be provided.
d. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
e. The property must contain a minimum of 200 square feet of usable open
space per dwelling unit. Alternatively, public parks or plazas within 300 feet
of the property may be used to meet this requirement.
f. A minimum of 25 percent of the usable open space on the property shall be
developed as outdoor recreation or garden areas.
g. The minimum spacing between buildings shall be at least equal to the
average heights of the buildings except where dwellings share common walls.
h. Buildings shall be located a minimum of 15 feet from the back of the curb line
of internal private roadways or parking lots.
i. The property owner shall record a covenant to run with the land executed in
a form approved by the City which restricts the use of the property to
occupancy as required for Senior Housing.
SENIOR HOUSING WITH SERVICES ESTABLISHMENT
A. Definition: A building or buildings registered as a housing with services establishment by
the State of Minnesota and providing supportive services or health-related services (both as
defined by Minn. Stat. Sec. 144D.01 as may be amended from time to time) to at least 70%
of the residents.
B. Zoning District and Conditions:
1. Permitted with conditions in R-2, R-3, and C-2 with the following conditions:
a. In a C-2 Zoning District the use shall not be located on a “prime
commercial lot”. A prime commercial lot is one that due to its location,
street frontage, access, visibility, size and/or other features would be
appropriate for a large and/or high traffic commercial use.
b. The density shall not exceed 30 dwelling units per acre.
c. The building design and placement must provide a residential environment
with minimum exposure to noise and traffic.
d. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
e. The minimum spacing between buildings shall be at least equal to the
average heights of the buildings except where dwellings share common
walls.
f. Buildings shall be located a minimum of 15 feet from the back of the curb
line of internal private roadways or parking lots.
g. The property owner shall record a covenant to run with the land executed in
a form approved by the City which restricts the use of the property to
occupancy as required for a Nursing Home/Senior Housing with Services
Establishment.
h. The development shall provide a lounge or other inside community room(s)
providing a minimum of 15 square feet per unit.
SERVICE
A. Definition: On-site service provided directly to an individual; includes, but not limited to:
barber shops, beauty shops, massage parlors, laundromats, and shoe repair shops.
B. Zoning District and Conditions:
1. Permitted use in TC, C-1, and C-2.
SHOPPING CENTER
A. Definition: A group of commercial uses planned, developed and/or managed as a unit
which has common parking facilities and contains a minimum of 50,000 square feet of total
floor area. Shopping centers may include more than one building and more than one
contiguous property. Theaters and restaurants with liquor which locate within shopping
centers will be considered separate principal uses for establishing parking requirements.
B. Zoning District and Conditions:
1. Permitted with conditions in TC with the following conditions:
a. Shopping center shall be under 150,000 sq. ft. in gross floor area.
b. Parking shall be provided on the property.
2. Permitted with conditions in C-1 and C-2 for shopping centers under 150,000 sq. ft.
in gross floor area with the following conditions:
a. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be located in a manner so that access can be
provided without generating significant traffic on local residential streets.
b. All buildings and structures shall be set back a minimum of 75 feet from any
property line in a residential Zoning District.
3. Conditional use in C-2 for shopping centers of 150,000 sq. ft. or greater with the
following conditions:
a. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be located in a manner so that access can be
provided without generating significant traffic on local residential streets.
b. All buildings and structures shall be set back a minimum of 75 feet from any
property line in a residential Zoning District.
c. Any in-vehicle sales or service included in a shopping center must comply
with the conditions for in-vehicle sales or service.
d. Outdoor sales/display, other than permitted as a Temporary Outdoor Display,
shall only be permitted when it can be demonstrated that such use can be
aesthetically integrated into the site design and complies with the following
additional conditions:
i. The size of the outdoor sales/display area(s) may be no greater than
30% of the ground floor building area of the associated principal
uses(s) and may be further restricted as deemed appropriate to the
scale of the Shopping Center and associated indoor uses.
ii. A masonry wall shall be required around the entire outdoor
sales/display area and shall utilize the same exterior materials as the
principal building; landscaping may also be required to supplement
the appearance of the wall and diminish views of the area from
surrounding properties.
iii. No outdoor sales/display items other than plant materials may extend
above the height of the wall.
iv. Any temporary or permanent buildings associated with the outdoor
sales/display area must be architecturally integrated with the principal
building(s) and approved as part of the Conditional Use Permit.
e. All stores that provide shopping carts must include interior and exterior cart
storage areas; areas within parking lots for the temporary storage of shopping
carts must be separated from parking spaces by curbed, landscaped islands
and shall not include metal "cart corrals". Other outdoor shopping cart storage
areas must be screened utilizing architectural screening of the same exterior
materials as the principal building.
f. Shopping centers may reserve at least 10% of required parking spaces as
landscaped open space for a minimum of two years after issuance of the
Certificate of Occupancy. At any time during the first two years or thereafter,
such open space shall be converted to parking if the Zoning Administrator
finds that such parking is necessary based upon evidence of overflow parking
on public streets, on neighboring off-site properties, in fire lanes, or in other
on-site areas that are not striped for parking. This requirement may be waived
by the Planning Commission if open space in excess of the minimum
requirements is provided in other areas of the site. After two (2) years, the
open space may be converted to parking if deemed necessary by the property
owner(s).
g. Cumulative parking requirements may be reduced by up to 30% of required
spaces at the sole discretion of the Planning Commission if one (1) or more
of the following are provided:
i. Proof of parking areas in excess of minimum required to be set aside
as open space;
ii. A written agreement to construct parking ramps or other means of
satisfying parking requirements, when and if warranted as determined
by the Zoning Administrator, based upon evidence of overflow parking
on public streets, on neighboring off- properties, in fire lanes, or in
other on-site areas that are not striped for parking;
iii. Joint parking/shared parking arrangements between uses;
iv. Off-site employee parking, employee car/van pooling, and/or
provision of employee transit passes;
v. Superior transit, pedestrian, and/or bicycle access and bicycle
parking.
h. All trash handling and loading areas must be interior or utilize architectural
screening consisting of the same exterior facing materials as the principal
building.
i. Truck circulation and loading areas must be separated from streets and
properties adjoining the site by a bufferyard. Single use buildings over 10,000
square feet and multiple use buildings over 15,000 square feet that are
constructed after adoption of this Ordinance must utilize a landscaped
bufferyard that is a minimum of 40 feet in width in order to satisfy this
requirement. Such bufferyard must include a minimum five (5) foot tall berm
along its entire length, a double row of evergreen trees that are each a
minimum of eight (8) feet tall at planting and spaced no more than 25 feet
apart, and deciduous trees interspersed with the evergreen plantings.
j. Shopping centers must visually integrate all buildings by utilizing some of the
same exterior materials and architectural elements such as roof pitch and
window treatments.
k. Buildings and additions to existing buildings may not exceed the unbroken
building wall length to height ratio of three to one (3:1); if the three to one (3:1)
ratio is used, each building wall deviation must be a minimum depth of two
(2) feet; if a two to one (2:1) building wall length to height ratio is used, the
depth of each building wall deviation may be reduced to one (1) foot.
l. Buildings and additions to existing buildings must utilize parapet walls to
completely screen rooftop equipment from ground level view.
m. Shopping centers must include sidewalks along all public street right-of-ways
and on-site pedestrian connections that are separated form parking areas by
curbed, landscaped islands which have a minimum width of 20 feet inclusive
of sidewalk.
n. Shopping centers must provide either outdoor or indoor public plaza(s).
Public plazas must have a minimum size of 10% of the total ground floor
building area of the shopping center (including outdoor sales building area)
and shall contain landscaping, walkways, benches, and a feature element
such as a fountain or clock tower. Interior mall "food courts" are not included
in public plaza areas. Outdoor public plazas shall be designed to break up
large areas of parking and shall be accessible via landscaped pedestrian
islands described in condition (m) above.
o. The minimum property area is seven (7) acres.
SHOWROOM
A. Definition: The display of merchandise and equipment and its sale to a customer where
delivery of purchased merchandise is made directly to the consumer from a warehouse.
Merchandise or equipment which is sold may include, but is not limited to: furniture,
appliances, plumbing fixtures, lighting, and carpeting.
B. Zoning District and Conditions:
1. Permitted use in TC for showrooms with 10,000 sq. ft. or less maximum floor area.
2. Permitted use in C-2, C-3, and I-1.
SMALL BREWER
A. Definition: An establishment operating as a Small Brewer pursuant to City Code Section
301.
B. Zoning District and Conditions:
1. Permitted use in TC.
2. Conditional use in C-2, C-3, and I-1 with the following conditions:
a. Access to the use shall be from a roadway identified in the Comprehensive
Plan as a collector street or located in a manner so that access can be
provided without generating significantly increased commercial traffic on local
residential streets.
b. All customer entrances to the use shall be located a minimum of 100 feet from
any property line located in a residential Zoning District. In the case of a multi-
tenant building, the entrance will be measured from the collective entrance.
In the case of an entrance with a vestibule, the most exterior customer
entrance door will be the point of measurement.
c. If the building housing the use is located less than 100 feet from any property
line in a residential Zoning District, the following additional conditions shall be
met:
i. All customer entrances to the use shall be through a vestibule area
with an inside and outside door.
ii. No outdoor amplified music, public address system, or outdoor
special event is permitted.
STABLE, COMMERCIAL
A. Definition: A structure or land area used to keep horses for sale or hire to the public.
Breeding, boarding, or training of horses may also be conducted. The use may also include
commercial riding arenas open to the general public.
B. Zoning District and Conditions:
1. Conditional use in A with the following conditions:
a. The buildings in which animals are kept must be at least 100 feet from any
property line.
STABLE, PRIVATE
A. Definition: An accessory structure or land area that is designed, arranged, used, or
intended to be used for the keeping of horses for the private use of the occupants of the
dwelling and their guests, but in no event for hire.
B. Zoning District and Conditions:
1. Permitted use in A.
STATE LICENSED RESIDENTIAL FACILITY
A. Definition: A State licensed 24 hour per day residential facility providing persons with care,
supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment and
resident staff who live together as a single housekeeping unit. The use includes group
counseling, some supervision and treatment programs. The maximum number of clients
served is specified by Minnesota State Statute. Persons served may include the
developmentally disabled or challenged, chemically dependent and severely physically
handicapped.
B. Zoning District and Conditions:
1. Permitted with conditions in A, R-S and R-1 with the following conditions:
a. May serve no more than six (6) residents.
b. A minimum of 150 square feet of outdoor area for seating or exercise area
shall be provided for each person under care.
c. The dwelling unit structure shall provide one (1) bathroom for each four (4)
persons under care.
d. The dwelling unit structure shall provide one (1) bedroom for each two (2)
persons under care.
e. The use shall not be located within 1,500 feet of another state licensed
residential facility.
2. Permitted with conditions in R-2 and R-3 with the following conditions:
a. May serve no more than 16 residents.
b. A minimum of 150 square feet of outdoor area for seating or exercise area
shall be provided for each person under care.
c. The dwelling unit structure shall provide one (1) bathroom for each four (4)
persons under care.
d. The dwelling unit structure shall provide one (1) bedroom for each two (2)
persons under care.
e. The use shall not be located within 1,500 feet of another state licensed
residential facility.
f. Off-street drop off and loading areas must be provided which do not interfere
with traffic and pedestrian movements.
STATE LICENSED NONRESIDENTIAL FACILITY
A. Definition: A State licensed program providing care, supervision, rehabilitation, training of
persons in a nonresidential, less than 24 hours per day setting, including adult day care. The
use includes outpatient group counseling, some supervision and treatment programs. The
maximum number of clients served is specified by Minnesota State Statute. Persons served
may include the developmentally disabled or challenged, chemically dependent and severely
physically handicapped.
B. Zoning District and Conditions:
1. Permitted with conditions in C-1 and C-2 with the following conditions:
a. Buildings shall be located at least 50 feet from any dwelling on adjacent
property.
b. An off-street passenger loading area shall be provided in order to maintain
vehicular and pedestrian safety.
STUDIO
A. Definition: A building where the practice or study of the visual and audio arts occurs; may
include painting, sculpting, photography, recording, radio and television studios. This use
also includes gymnastic and dance studios and studios for the martial arts. This use does
not include large industrial photography or printing processes.
B. Zoning District and Conditions:
1. Permitted in TC, C-1, C-2, and C-3.
TEMPORARY AGRICULTURAL COMMODITIES
A. Definition: The temporary outdoor sale of Christmas Trees or other agricultural
commodities.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in A, C-1, C-2, C-3, and I-1 with the following conditions:
a. May be located within required yards; but not within 15 feet of any public right-
of-way or where prohibited by traffic visibility regulations in the City Code.
b. Shall not occur for more than 90 days within a calendar year on any parcel.
c. Shall not be permitted in any bufferyard.
TEMPORARY CONSTRUCTION STRUCTURE
A. Definition: A temporary building or structure used for office and equipment storage
incidental to an ongoing construction project on the parcel.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and
I-1 with the following conditions:
a. No construction structure, except a temporary sales trailer as allowed below,
shall be permitted beyond the time necessary to construct the project.
b. No construction structure shall be located within the drip line of any trees
which are designated to be saved under the approved tree preservation plan.
c. Construction structures may be located within required yards; but not within
15 feet of any public right-of-way.
d. No construction structure shall be located within an existing bufferyard.
e. All construction structures must be removed before a final occupancy permit
is issued.
TEMPORARY ON-SITE EQUIPMENT AND MATERIAL STORAGE
A. Definition: On-site storage of equipment or materials related to an ongoing construction
project on the parcel.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and
I-1 with the following conditions:
a. Construction materials shall not be placed on a construction site unless a
valid building permit has been issued for that construction.
b. Construction materials shall not be permitted on site after the completion of
the project.
c. Construction materials may not be located within the drip line of any trees
which are to be saved under the approved tree preservation plan.
d. Construction materials may be located within required yards; but not within
15 feet of any public right-of-way.
e. Any land that will be used to store any equipment or construction materials
for a period exceeding 120 days shall be screened from view from any
properties within a residential Zoning District.
TEMPORARY OUTDOOR SALES
A. Definition: The display and sale or rental of merchandise or equipment outside of an
enclosed building for a time not to exceed six (6) months in a calendar year on any parcel.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in TC, TC-T, and I-1 with the following conditions:
a. No merchandise or equipment shall be stored outdoors overnight.
b. Temporary outdoor sales areas which exceed 100 square feet shall be
permitted for a period not to exceed four (4) consecutive days or a total of 12
days in any calendar year.
c. Temporary sales shall be allowed only if associated with a permitted retail
business operating within a building on the parcel in which the same or similar
merchandise if offered for sale.
d. Temporary sales shall be permitted in required front, side, and rear yards
unless prohibited by traffic visibility regulations in the City Code.
e. Temporary outdoor sales shall not be allowed in any required landscaped
area or bufferyard or within the public right-of-way.
TEMPORARY POLLUTION ABATEMENT STRUCTURES AND EQUIPMENT
A. Definition: Equipment or structures required to abate pollution on a parcel when the
pollution abatement is required by the Minnesota Pollution Control Agency.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in A, R-S, R-1, R-2, R-3, TC, TC-T, C-1, C-2, C-3, and
I-1 with the following conditions:
a. Pollution abatement structures and equipment shall be permitted for a period
not to exceed 60 months. If the abatement is not completed within 60 months,
the period may be extended by the Zoning Administrator provided that a
statement is provided to the Zoning Administrator which shows the progress
of abatement and an estimate of the length of time needed to complete the
project.
b. Equipment and structures shall not displace required off-street parking.
c. Equipment and structures shall not be located within any required yards;
except where it is demonstrated that no other areas exist on a designated
parcel.
d. Structures shall meet all of the applicable architectural requirements of the
Zoning District in which they are located.
e. Any landscape materials which are displaced as a result of the structure or
equipment shall be replaced when the structure or equipment is removed.
f. A Letter of Credit shall be filed before the installation of any structure or
equipment to ensure its removal after pollution abatement is completed and
to insure the replacement of displaced landscape materials.
g. All equipment and structures shall be removed and landscape materials
replaced within six (6) months after the completion of the pollution abatement.
Pollution abatement shall be considered to be complete when notice has
been received from the Minnesota Pollution Control Agency stating the
abatement has been completed.
TEMPORARY SALES TRAILERS
A. Definition: A temporary structure within a residential development project for use as a
sales or rental office for the units on the same site.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in R-1, R-2, and R-3 with the following conditions:
a. The sales trailer shall be removed at build-out of the project or when a model
home is constructed, whichever occurs earlier.
b. No structure shall be located within the drip line of any trees which are
designated to be saved under the approved tree preservation plan.
c. Sales trailers may be located within required yards; but not within 15 feet of
any public right-of-way.
d. No structure shall be located within an existing bufferyard
e. A paved parking area must be provided for the sales trailer.
f. Approval of a site plan is required prior to the placement of any sales trailer.
TEMPORARY SEASONAL STRUCTURES OR TEMPORARY SEASONAL CABINS
A. Definition: A structure used or intended to be used in a seasonal manner and removed
or sealed for the off season.
B. Zoning Districts and Conditions:
1. Permitted with Conditions in A, R-S, R-1, R-2, C-1, C-2, C-3, and I-1 with the
following conditions:
a. Seasonal structures may be used only for uses permitted within the
underlying Zoning District.
b. Seasonal structures shall not be permitted for a period of time exceeding six
(6) months in a calendar year.
c. Seasonal structures shall not be permitted within 15 feet of any public right-
of-way.
d. No significant trees shall be removed for the placement of a seasonal
structure.
e. Any landscaping material which is displaced by the seasonal structure shall
be replaced upon removal of the temporary structure.
f. Seasonal structures shall not be permitted in any required bufferyards.
g. Approval of a site plan is required prior to the placement of any seasonal
structures.
TRANSPORTATION FACILITY
A. Definition: The storage or layover of passenger buses, motor coaches, rental vehicles,
taxis, van pools, rental moving vehicles, or similar uses (typically includes parking, storage
of vehicles, and may include some maintenance). Does not include parking of
cars/vans/pickups that are accessory to a primary use.
B. Zoning District and Conditions:
1. Permitted with conditions in I-1 with the following conditions:
a. Parking areas shall be screened with fencing, landscaping, berming or some
combination thereof from all property lines and abutting public rights-of-way.
b. No inoperable vehicles shall be stored outside the primary structure or
designated screened storage areas.
WAREHOUSE/STORAGE/DISTRIBUTION
A. Definition: A building for receiving, holding, shipping and occasional packaging of
commodities. With the exception of loading and unloading of commodities, and parking and
storage of trailers, all functions are generally within an enclosed building. Characteristics
may include high truck traffic and low parking demand. This use may include, but is not
limited to, conventional warehouse facilities and joint warehouse and storage facilities.
B. Zoning District and Conditions:
1. Permitted use in C-3 and I-1.
WASTE HAULER
A. Definition: The collection and transporting, delivering, and disposing of solid waste and
recyclable materials generated from commercial and residential premises. For the
purpose of this definition, this use does not include the collecting and transporting,
delivering, and disposing of Hazardous Waste, as defined in Minnesota Statute
609.671, as may be amended from time to time.
B. Zoning District and Conditions:
1. Permitted with conditions in I-1 with the following conditions:
a. The property shall not abut any property in a residential Zoning District.
b. Storage of materials outside a principal building or enclosed container is
not permitted. Outdoor storage of containers is subject to the screening
requirements of the Zoning Code.
WHOLESALE
A. Definition: The selling of merchandise to retailers, or to industrial, commercial or
professional business customers, or to other wholesalers or on a mail order basis to
individuals or firms, or which serve as agents or brokers buying merchandise for, or selling
merchandise to, individuals and companies.
B. Zoning District and Conditions:
1. Permitted with conditions in C-3 with the following conditions:
a. The use shall occur entirely within an enclosed building.
b. The use does not involve live animals.
2. Permitted use in I-1.
WIND GENERATORS
A. Definition: A turbine having a large vaned wheel rotated by the wind to generate activity
and extract usable energy from winds.
B. Zoning District and Conditions:
1. Conditional use in I-1 with the following conditions:
a. All structures shall be located a minimum of 300 feet from any property line
in a residential Zoning District.
b. All structures shall be located a minimum of 100 feet from any property line
in all districts other than a residential Zoning District.
No light, sound or vibration originating from the structure shall be
discernible at any property line in a residential use district.