Planning and Land Use Regulations

Section 500 - Zoning

500.01 - Intent, purpose and application.

Subdivision 1 - Intent

This section is enacted pursuant to the authority conferred by the state of Minnesota in sections 462.351to 462.364 for the purpose of:

1. promoting and protecting the public health, safety, and general welfare of the residents of this incorporated area of the city,
2. protecting and preserving the physical character, social and economic stability of residential, commercial, industrial and other use areas,
3. securing the most appropriate use of land,
4. preventing the overcrowding of the land and undue congestion of population,
5. providing adequate light, air and reasonable access,
6. facilitating adequate and economical provision of transportation, water supply and sewage disposal,
7. planning for location of schools, recreation facilities and other public requirements, and,
8. providing for the protection of access to direct sunlight for solar energy systems.

500.03 - Title

This section is the zoning code of Freeport, Minnesota and will be referred to herein as "this code."

500.05 - Application

This code applies to all of the area within the corporate limits of the city.

500.05 - Application and interpretation.

Subdivision 1

In their application and interpretation the provisions of this code are the minimum requirements for the promotion of the public health, safety, and welfare.

Subd. 2 - Minimum standards

Where the conditions imposed by any provision of this code are either more or less restrictive than comparable conditions imposed by any law, ordinance, statute, resolution, or regulation, the regulations that are more restrictive or that impose higher standards or requirements prevail.

500.09 - Lots of record

Lots that are a part of a subdivision legally recorded with the Stearns county recorder, and a lot or lots described by metes and bounds, the deed to which has been recorded in the office of the county recorder prior to July 29, 1980 are considered to be lots of record and are legally build able lots even though such lot or lots may not conform to the minimum requirements of this code, provided the setback requirements of this code are compiled with insofar as practical.

500.11 - Definitions.

Subdivision 1

For the purpose of this code, the terms defined in this section have the meanings given them.

Subd. 2 - Apartment

A room or suite of rooms that is designed for , intended for or occupied by one family and equipped with cooking facilities.

Subd. 3 - Block

That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way or un-subdivided acreage.

Subd. 4 - Building, accessory

A subordinate building, the use of which is incidental to that of a main building on the same lot is not allowed without a main dwelling.

Subd. 5 - Building height

The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

Subd. 6 - Building, principal

A building in which is conducted the principal use of the lot upon which it is situated.

Subd. 7 - Court

An open, un-occupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot.

Subd. 8 - Conditional use

A use which, because of unique characteristic, cannot be classified as an un-conditionally permitted use in any particular district. After due consideration, in each case, the impact of such use upon neighboring land and of the public desirability for the particular use at the particular location, a "conditional use permit" may be granted.

Subd. 9 - Dwelling

A building or portion thereof used exclusively for residence occupancy, including one-family, two-family, and multiple dwellings but not including hotels or lodgings or boarding houses.

Subd. 10 - Dwelling, single-family

A building used exclusively for occupancy by one family.

Subd. 11 - Dwelling, two-family

A building used exclusively for occupancy by two families living independently of each other.

Subd. 12 - Dwelling, multiple

A building or portion there of used for occupancy by three or more families living independently of each other.

Subd. 13 - Dwelling unit

A dwelling or portion of a dwelling or an apartment hotel used by one family for cooking, living, and sleeping.

Subd. 14 - Essential services

The erection, construction, alteration, or maintenance by public utilities or municipal departments of commissions, of underground or overhead gas, electrical, communication, steam or water transmissions, or distribution systems, including poles wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety, or general welfare.

Subd. 15 - Family

A family is any number of persons living together in a room or rooms comprising a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as through a member of the family, including the domestic employees thereof. A group of persons not so related by inhabiting a single house are considered to constitute one family for each five persons, exclusive of domestic employees, contained in each group.

Subd. 16 - Garage, private

An accessory building designed or used for the storage of automobiles or trucks owned and used by the occupants of the building to which it is accessory. The building is limited to an overall height of 18 feet and 900 square feet in area and is not allowed without a main dwelling.

Subd. 17 - Garage, public

Premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire or sale.

Subd. 18 - Group home

A state licensed group home or foster home serving six or fewer mentally and /or physically disabled persons or a community correctional facilities for youth and./or adults.

Subd. 19 - Home occupations

A gainful occupation or profession engaged in by the occupant of a dwelling unit within the dwelling, unit within the dwelling, which occupation is clearly incidental to the residential use of the premises. The activity may not produce light glare, noise, odor, electrical disturbance, or vibration perceptible beyond the boundaries of the premises and not involve the use of accessory structures. The following are examples of prohibited uses:

1. repair, service or manufacturing which requires equipment other than that customarily found in a home,
2. over-the-counter sale of merchandise produced off the premises, or,
3. the employment of persons on the premises other than those customarily residing on the premises.

The above examples are illustrative in nature and are not to be construed as all-inclusive.

Subd. 20 - Hotel/Bed and Breakfast

A building or portion thereof where lodging is offered to transient guests for compensation and in which there are sleeping rooms with no cooking facilities in an individual room or apartment.

Subd. 21 - Junk yard

Land or buildings used for the storage or keeping of junk, including scrap metals, or for the dismantling of "wrecking" of automobiles or other vehicles or machinery, other than storage of materials that is incidental or accessory to any business or industrial use on the same lot.

Subd. 22 - Lot

Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this code, having not less than a minimum area required by this code for a building frontage on a street.

Subd. 23 - Lot, corner

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

Subd. 24 - Lot, interior

A lot other than a corner lot.

Subd. 25 - Marquees

An awning or roof-like structure over the entrance (a canopy).

Subd. 26 - Lot, width

The shortest horizontal distance between the side lot lines measured at the building setback line.

Subd. 27 - Mobile home

Means a structure transportable in one or more sections which when erected on site, measures eight body feet or more in width and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and bears the appropriate federal department of housing and urban development inspection label certifying that the mobile home meets federal mobile home construction and safety standards.

Subd. 28 - Non-conforming use

A use lawfully in existence on July 29, 1980, and not conforming to the regulations for the district in which it is situated, except that such a use is non-conforming if it would be authorized under conditional use permit where located.

Subd. 29 - Solar energy system

A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling of buildings and other energy-using processes, or to produce generated power by means of any combinationof collecting, transferring, or converting solar-generated energy,

Subd. 30 - Story

That portion of a building included between the surface of a floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Subd. 31 - Structure

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Subd. 32 - Structural alteration

A change in the supporting members of a building such as bearing walls, columns, beams, or girders.

Subd. 33 - Townhouse

Single family attached units in structures housing three or more dwelling units contiguous to each other, only by the share of one common wall and each dwelling unit must have separate and individual front and rear entrances.

Subd. 34 - Use

The purpose for which land or premises or a building there is designed, arranged, or intended or for which it is or may be occupied or maintained.

Subd. 35 - Use, accessory

A use incidental and accessory to the principal use of a lot or a building located on the same lot as the accessory use.

Subd. 36 - Variance

The waiving of specific literal provisions of the code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Variances are granted only when it is demonstrated that a waiving of the provision will be in keeping with the spirit and intent of this code. Hardships must be demonstrated on a non-economic basis and may include the inability to use solar energy systems.

Subd. 37 - Yard

An open space on the lot which is unoccupied and unobstructed from its lowest level indefinitely upward. A yard extends along a lot line at right angles to such a lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

Subd. 38 - Yard, front

A yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of the building.

Subd. 39 - Yard, rear

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.

Subd. 40 - Yard, side

A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

500.13 - Zoning map

For the purpose of this code, the city is divided into use districts as shown on a map entitled, "Zoning District Map of Freeport, Minnesota," and further described in subsection 500.71.

500.15 - Annexation

Land annexed to the city in the future is to be placed in the "A" agricultural/rural residence district until placed into another district by action of the city council.

500.17 - Prohibitions in districts

Except for non-conforming uses, in each district land and structures may be used only for the purposes listed by this code as permitted in the district. In each district, a building erected or structurally altered must

1. be provided with the yards specified,
2. be on a lot of the area and width specified, and
3. may not exceed the height specified in this code for the district.

Open space or lots required for building may not, during the existence of that building, be occupied by or counted as open space for another building.

500.19 - District classifications

The following district classifications are established and continued within the city of Freeport:

• "A" - Agricultural/rural residence
• "R-1" - Single and two-family residential district
• "R-2" - Multiple family residential district
• "C-1" - Community commercial district
• "C-2" - Highway commercial district
• "I-1" - General industrial district
• "S" - Shore land overlay district

500.21 - Zoning district boundaries

The boundaries of districts are shown on the zoning district map and are the center lines of streets; the center lines of alleys; the rear lot lines where there are no alleys; the side lines of recorded lots or designated distances where land is un-platted. Where uncertainty exists as to the exact location of a boundary line, the location of such line is to be determined by the city council.

500.23 - "A" agricultural/rural residence district

Subdivision 1

The agricultural/rural residence district is established to preserve area for low density residential without permitting intensified development that would require the provision of municipal facilities and services, and further allow agricultural uses in this district.

Subd. 2 - Permitted uses

1. Agriculture, including farm dwellings and agricultural related buildings and structures subject to Minnesota pollution control standards, but not including commercial feed lots or similar commercial operations.
2. Single-family dwellings.
3. Public parks, recreational areas, wildlife areas, and game refuges.
4. Nurseries and tree farms.
5. Essential services.
6. Slaughtering, limited to livestock raised on the farmstead.
7. One mobile home per existing far, yard for use as a residence by a person directly connected with the daily operation of the farm.
8. Roadside stands for the sale of agricultural products.

Subd. 3 - Permitted accessory uses

1. Operation and storage of vehicles, machinery, and equipment which is incidental to permitted or conditional uses allowed in this district.
2. Boarding or renting of rooms to not more than two persons.
3. Living quarters for persons employed on the premises.
4. Home occupations.
5. Signs as regulated within the residential district.

Subd. 4 - Conditional uses

The following uses require a conditional use permit based on the procedures set forth in subsection 500.67 of this code:

1. Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community.
2. Commercial outdoor recreational areas including golf courses, club houses, swimming pools and similar facilities.
3. Processing and packaging of agricultural products, including livestock, cold storage plants, fertilizers plants, livestock farming, and livestock feed lots and sales yards, subject to all applicable pollution control standards.
4. Kennels and animal hospitals, fur farming , stables and riding academies provided that the property containing such use is adequate and is adequately separated from residential, commercial and industrial districts.
5. Churches, schools, and similar uses.
6. Uses deemed by the city council to be similar to those listed in the zoning district.

Subd. 5 - Lot, yard, and area

1. Lot, yard, and area

   Lot Areas	Lot Width	Side Yards	Front Yard	Rear Yard
   10 Acres	250 ft.	60 ft.	100 ft.	100 ft.

500.25 - R-1, single and two-family residence districts

Subdivision 1 - Intent

It is the intent of this district to permit the development of single-family and two-family dwellings in the city where adequate municipal utilities exist or are to be extended, to provide for reasonable standards for such development , to avoid overcrowding, and to prohibit the use of the land which would be incompatible with or detrimental to the essential residential character of the district.

Subd. 2 - Permitted uses

1. Single and two-family dwellings.
2. Attached single family dwellings sharing a party wall.
3. Group homes.
4. Churches and schools, provided they are not within 30 feet of any lot line.
5. Essential services.
6. Solar energy.
7. Existing faming operations.
8. Manufactured homes, if such manufactured houses comply with the following conditions:
   1. The house may not have ground floor space of less than 800 square feet or a width of less than 20 feet at its narrowest point.
   2. The house must be placed on a permanent foundations which comply with the state building code and which are solid for the complete circumference of the house.
   3. The house must have exterior siding of conventional exterior dwelling-type materials. Metal siding must have horizontal edges and overlap in sections no wider than 12 inches. Sheet metal siding is not permitted.
   4. The house must be built in compliance with Minnesota State Building Code.
   5. Manufactured houses which vary from these requirements may be permitted in this zone when authorized by the Board of Adjustment. Before a variance is granted, by the board, must find that the value of the adjacent property will not be diminished by the placement of the manufactured house. The variance must state any conditions which may be set by the board in granting the variance.
9. Exterior grain bins shall not be permitted, excluding traditional wildlife feeders.
10. Limit to two (2) cords of exposed wood.

Subd. 3 - Permitted accessory uses

1. Private garages, parking spaces, and car ports for passenger cars, trucks, recreational vehicles and equipment.
2. Home occupations.
3. Tool houses and similar buildings for storage of domestic equipment and non-commercial recreational equipment may be placed so that building is accessible (for care and maintenance by said property owner) from all sides and can be moved in 25 hours if requested by city in writing. If not moved by the property owner within 24 hours, the city will move building at owner's expense. City will not be liable for damages sustained by moving. Maximum building size allowed for is 160 square feet. Rear or side-yards abutting streets or alleys must comply with setbacks required for accessory uses. No permanent foundations will be allowed if said building is placed less than six feet from property line and /or top of a city utility easement.
4. Signs associated with home occupations not exceeding three square feet in area, and others as regulated by this code.
5. Temporary construction buildings.
6. Composting structures not exceeding 5 feet x 5 feet x 5 feet are allowed with the same structure placement stipulations as defined in 500.25, subdivision 3 c) for tool sheds. Composting of grasses, leaves, flowers, garden plants, coffee grounds, eggshells, fruits and vegetable scraps, is allowed. Composting of organic material must not create a nuisance as defined in section 2010.

Subd. 4 - Conditional uses

1. Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community.
2. Residential planned unit developments regulated by subsection 500.55 of this code.
3. Public or semi-public recreational buildings, community centers, day-care centers, libraries, museums, memorial buildings, senior citizens' centers, and bed and breakfast housing.
4. Day care facilities and nursery schools, provided not less than 30 square fee of outside play space per pupil is available.
5. Nursing homes, rest homes, and retirement homes, provided the buildings are not less than 50 feet from a lot line abutting an R-1 single and two-family residential district.
6. Mobile homes.

Subd. 5 - Lot, yard, area and height requirements

1. Lot, yard, area, and height requirements

   	Lot Area Sq. feet	Lot Width	Front Yard	Setbacks Side Yards	Rear Yard
   Single and two-family existing lots (8/30/72)	5,000	50 ft. or less	30 ft.	6 ft.	10 ft.
   Existing lots (8/30/72)	5,000	50 ft. or more	30 ft.	10 ft.	10 ft.
   New lots	15,000	100 ft.	30 ft.	10 ft.	10 ft.

2. Accessory uses

   	Lot Area Sq. feet	Lot Width	Front Yard	Setbacks Side Yards	Rear Yard
   Single and two-family existing lots (8/30/72)	5,000	50 ft. or less	30 ft.	6 ft.	10 ft.
   Existing lots (8/30/72)	5,000	51 ft. or more	30 ft.	10 ft.	10 ft.
   New lots	15,000	100 ft.	30 ft.	10 ft.	10 ft.

3. Property setbacks are from lot stakes to building overhang.
4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback must be the average of the adjacent structures.
5. On corner lot, the width of the side yard setback on the street side may not be less than 15 feet.
6. Each attached single family dwelling must meet the lot, yard, area, and height requirements of this subdivision, with the exception that: (1) the side yard setback requirement is waived for the shared party wall, and (2) the lot area requirement is reduced to 7,500 square feet per dwelling unit. Single family attached dwellings sharing a party wall shall not house more than two dwelling units. Each attached single family dwelling unit must have separate and individual front and rear entrances, and separate and individual water and wastewater service.
7. Accessory building must not exceed an overall height of 18 feet. Church spires, water towers, and chimneys are exempt from these requirements.
8. Lot coverage for principal and accessory buildings may not exceed 35% of the lot area.
9. Lots platted prior to this code and not serviced by municipal water and wastewater will be considered as build-able at their current size. However, newly platted lots must be a minimum of ten acres when utilizing individual water and wastewater systems. All lots with access to city water and wastewater must utilize those services.
10. Each lot must have a minimum frontage on a street of 50 feet.
11. For non-conforming uses refer to subsection 500.53

500.27 - R-2, Multi-family residential district

Subdivision 1 - Intent

It is the intent of this district to provide for multiple-family dwelling unit structures and directly related complementary uses.

Subd. 2 - Permitted uses

1. All permitted uses as allowed in an "R-1" single and two-family residential district.
2. Multiple-family dwelling units.
3. Boarding and rooming houses.
4. Nursing homes, retirement homes.
5. Private clubs and lodges not operating for profit.

Subd. 3 - Permitted accessory uses

1. All permitted accessory uses as allowed in an "R-1" single and two-family residential district.
2. Off-street loading and parking.

Subd. 4 - Conditional uses

The following uses will require a conditional use permit based on the procedures set forth in section 500.67 of this code.

1. All conditional uses, subject to the same provisions as allowed in the "R-1" single and two family residential district.
2. Townhouses and residential planned unit developments regulated by section 500.55 of this code.
3. Clinics and other buildings for treatment of human beings contingent upon adequate parking being provided.
4. Mobile homes only in mobile home parks provided that the criteria established by the State of Minnesota Department of Health is compiled with, and further that no mobile home is less than 50 feet from any lot line adjoining an "R-1" single and two-family residential district.
5. Motels and motor hotels, when located on property having access to state or federal highways.

Subd. 5 - Lot area, width, setbacks, and height

1. The minimum lot area will be:
   1. single and two-family as set forth in section 500.25, subdivision 5.
   2. town-houses, 7,000 square feet per lot.
   3. multiple-family , 16,000 square feet minimum up to eight units; each unit over eight will provide an additional 2,000 square feet per lot.
2. The minimum lot width will be:
   1. single and two-family as set forth in section 500.25, subdivision 5.
   2. town-houses, 60 feet.
   3. multiple-family, 150 feet with a minimum of 75 feet fronting on a public right-of-way.
3. Front yard setbacks will be a minimum of 30 feet.
4. Side yard setbacks will be a minimum of 15 feet for each side yard.
5. Rear yard setbacks will be a minimum of 40 feet.
6. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback will be the average of adjacent structures. If there is only one adjacent structure, the setback will be the average of the required setback and the setback of the adjacent structure. In no case will the front yard setback requirement exceed 30 feet.
7. On a corner lot, the width of the side yard on the street side will not be less than 20 feet.
8. Lots not serviced by municipal water and sewer will not be considered for multiple-family use.

500.29 - C-1, Community commercial district

Subdivision 1 - Intent

It is the intent of this district to provide for the establishment of commercial and service activities that draw from and serve customers from the city and its surrounding areas.

Subd. 2 - Permitted uses

1. Business services including banks, offices, and postal stations.
2. Clothing services including dry-cleaning and laundry establishments, Laundromats, dressmaking and tailor shops, shoe repair shops.
3. Equipment services including radio and television shops, electrical appliance shops, showroom of a plumber, decorator, or similar trade.
4. Food services including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, cafes, delicatessen, candy shops, and bakeries whose products are sold only at retail on the premises.
5. Personal services including drug stores, hardware stores, stationary and bookstores, news shops, apparel shops, showrooms for articles to be sold at retail, flower shops, commercial greenhouses, Laundromats, convenience stores and video stores.
6. Personal services including barber and beauty shops, reducing salons, photographic shops, funeral homes, and tanning salons.
7. Public transportation terminals, service stations, public utility buildings, and transformer stations without storage yards.
8. Buildings used for research and testing laboratories, storage buildings, or distributing station.
9. Residence when included as an integral part of the principal buildings or distributing station.
10. Governmental and public utility buildings and structures.
11. Recreational services including theaters, bowling lanes, clubs, and lodges.
12. Hotels, motels, taverns, private clubs, and lodges.
13. Clinics and other buildings for the treatment of human beings.

Subd. 3 - Permitted accessory uses

1. Off-street parking and loading areas in compliance with subsection 500.41 of this code.
2. Commercial or business buildings for a use accessory to the principal use.
3. Drive-in restaurants, drive-in banks, and other drive-in services.

Subd. 4 - Conditional uses

1. Open outdoor sales, services, or rental as an accessory use provide:
   1. the are is fenced or screened from the abutting properties.
   2. sales areas are properly surfaced to control dust.
2. Automobile service stations including sales, gasoline service stations, and automobile repair garages, provided that a filling station, public garage, or motor fuel station may not be located within 200 feet of a school, church, hospital, or meeting place having a seating capacity of more than 50 persons.
3. Multiple-family dwellings provided that the use is adjacent to or provides off-street parking, and the ground level is solely for permitted commercial activities.

Subd. 5 - Lot, yard, area and height requirements

1. No requirements.

500.31 - C-2, commercial district

Subdivision 1 - Intent

It is the intent of this district to provide for and limit the establishment of automobile oriented or dependent commercial and service activities.

Subd. 2 - Permitted uses

1. Auto accessory stores.
2. Automobile (truck, snowmobile, motorcycle, and marine) sales and service.
3. Commercial recreational services.
4. Farm implement sales and services.
5. Motels and hotels.
6. Tourist oriented retail stores.
7. Residences when occupied in connection with the commercial use and part of the principal structure.
8. Restaurants, cafes, taverns, and grocery stores.
9. Drive-in restaurants, drive-through banks, and other drive-in services.

Subd. 3 - Permitted accessory uses

1. All permitted accessory uses in the " C-1" community commercial district.
2. Off-street parking and loading facilities including semi-trailers.

Subd. 4 - Conditional uses

The following uses require a conditional use permit based on the proceedings set forth in subsection 500.67 of this code.

1. All conditional uses allowed in the "C-1" community commercial district.
2. Open air display areas for the sale of manufactured products such as lawn and garden furniture, hardware items, nursery stock, or rental of manufactured products or equipment, including mobile home sales lots.
3. Recreational camping areas provided:
   1. land area is adequate for the proposed use.
   2. the site is serviced by an adequately paved arterial street.
   3. utilities are provided to each site and approved by the city council.
4. Retail sales and services on an individual basis.

Subd. 5 - Lot, yard, area and height requirements

1. Lot area and yard setbacks

   Sq. feet	Lot Width	Side Yards	Front Yard	Rear Yard
   10 Acres	100 ft.	30 ft.	10 ft.	10 ft.

2. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback is the average of the adjacent structures. If there is only one adjacent structure, the setback is the average of the required setback and the setback of the existing structure. The front yard setback requirement will not exceed 30 feet in any case.
3. On corner lots, the side yard shall be 30 feet or in line with the adjacent structures on the same block provided this does not reduce the build-able width to less than 30 feet.

500.33 - I-1 general industrial district

Subdivision 1 - Intent

It is the intent of this district to provide for and allow a wide range of industrial, warehousing, and bulk commercial activities in locations that will not conflict with other uses.

Subd. 1.5

All permitted, permitted accessory, and conditional uses of C-1 (Community Commercial) C-2 (Highway Commercial) districts are allowed.

Subd. 2 - Permitted uses

1. A branch of trade or industry employing labor and capital, activities not allowed in commercial districts, activities that do not require steam, diesel, or gasoline engines as a prime mover, excepting that no industry or use noxious by reason of odor, dust, smoke, noise , or gas may be included which interferes with other permitted uses.
2. Building materials, storage yards, lumber yards.
3. Contractors equipment and storage yards.
4. Food processing and distribution facilities.
5. Wholesale business and warehousing.
6. Industrial research laboratories.
7. Machine shops, public and private garages.
8. Public utility and service buildings and gas regulator stations.
9. Outdoor recreational facilities.

Subd. 3 - Permitted accessory uses

1. Off-street parking and loading.
2. Open and outdoor storage.
3. Offices accessory to a principal use.
4. Residences when on the same parcel as the principal use and occupied by an individual employed by the principal use.
5. Signs.

Subd.4. - Conditional uses

The following uses will require a conditional use permit based on the procedures set forth in subsection 500.67 of this code:

1. Industrial parks and storage.
2. Manufacturing of cement, concrete, lime gypsum, or plaster.
3. Restaurants and confectioneries to serve the employees of the district.
4. Distillation of bone, coal, tar, petroleum, refuse, grain, or wood.
5. Explosive manufacture or storage.
6. Garbage, offal, dead animals, refuse, rancid fats, incineration, glue manufacturing, size or gelatin manufacturing where the processes include the refining or recovery of products from animal refuse or offal.
7. Livestock feeding yards, slaughtering of animals or stock yards.
8. Petroleum or asphalt refining, manufacturing or storage.
9. Smelting or refining of metals from ores.
10. Steam and board hammers and forging presses.
11. Storing, curing and tanning of raw, green, or salted hides or skins.
12. Corrosive acid manufacturing or bulk storage thereof.
13. Junk yards.
14. Grain elevators and storage subject to height restrictions set forth as part of the conditional use permit.
15. Manufacture utility structures (hoop-like buildings) to be enclosed and allowed no more than five years and installed per manufacturer's instructions.
    

Subd.5. - Lot, yard area and height requirements

1. Lot area and yard setbacks

   Sq. feet	Lot Width	Front Yard	Side Yards	Rear Yard
   As Necessary	100 ft.	40 ft.	15 ft.	20 ft.

2. For corner lots, the setbacks from all street lines shall be 40 Ft.
3. Lot coverage may not exceed 50%.

Section 1

500.35. Signs

Subdivision 1 - Definitions

For purposes of this subsection, the terms defined have the meanings given them.

1. Sign - A name, identification, description, display, illustration or device which is fixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
2. Business Sign - A sign which directs attention to a business, its name or address, located on the premises of the business, or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.
3. Temporary Sign - A sign that is defined by the period of time itexists within city limits. The maximum period of time for which a temporary sign may be permitted is one-hundred and twenty (120) days.It is understood that by federal law, political campaign signs are exempt from all sign regulation and therein exempt from this code.
4. Off-premise Sign (Billboard) - A sign which directs attention to a business, commodity, service, activity or entertainment not conducted, sold, or offered upon the premises where such sign is located
5. Flashing sign - An illuminated sign on which such illumination is not kept stationary or in constant intensity or in color at all times when such sign is in use.
6. Illuminated sign - A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as part of the sign.
7. Surface area of sign - The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of such sign and not forming an integral part of the display.

Subd. 2 - General requirements

1. A sign, business sign or other advertising device may not be erected, maintained or hung without a permit from the city zoning administrator. All decisions and interpretations of sign codes are subject for appeal at a regularly scheduled City Council meeting. The submitted permit application must include a sketch and the dimensions of the proposed sign.
2. Off premise signs (Billboards) may only be permitted as a conditional use subject to the procedures set forth in subsection 500.67 of this Code.
3. For the purpose of selling or promoting a commercial or an industrial project, one sign not to exceed one hundred thirty (130) square feet with no more than two (2) surfaces, may be erected upon the project site.
4. A sign may not be erected or maintained so as to prevent free ingress or egress from any door or window or fire escape. A sign may not be attached to a standpipe or fire escape.
5. Signs are required to follow the setback and side yard requirements for other structures in the district where located, provided that where a drive-in service or parking is permitted, one ground business sign not exceeding 35 square feet in area may be erected in any required front yard or setback area; however, it may not be located closer to the street or highway right-of-way than the required setback distance.
6. Signs or marquees which may extend beyond the building line may not be constructed to extend within one foot of the traveled roadway, provided that the sign does not extend seven feet from the building wall.
7. Illuminated signs may be permitted, but flashing signs shall only be allowed as a conditional use. No lighting for signs shall directly reflect light beams onto any public street or residential structure. Signs may not be illuminated beyond any lot line.
8. No sign shall, by reason of position, shape or color interfere in any way with the proper functioning or purpose of a traffic sign or signal.
9. The owner, lessee or manager of any sign or the owner of the land on which the same is located, must keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which the sign is located.
10. A sign or sign structure that may be, or may hereafter become, rotted, unsafe or unsightly must be repaired or removed by the licensee, owner or manager of the property upon which the sign stands upon written notice of the City Clerk.
11. The provisions of subsection 500.49, subdivision 2 apply.

Subd. 3 - Signs in commercial districts

1. The number of square feet of business sign area on a lot may not exceed five square feet for each lineal foot of lot frontage, or 20% of the building frontage area, or 125 square feet in area, whichever is greater. Nearby residential districts must be protected from direct light if these signs are illuminated.
2. Shopping centers: One incidental sign not exceeding two square feet in area for each lineal foot of a building width or a total frontage of all buildings, announcing only the name or location or both of the shopping center or buildings in the center, may be erected without reduction of the square foot allowance.
3. Business signs may be attached to or erected flat against the wall of buildings. Business sign structures may be single face, double face, or "V" type. Business signs may not be erected within 100 feet of any abutting residential district if designed to face directly into such district.
4. One "for rent" or "for sale" sign not exceeding 30 square feet in area is permitted; a corner lot may have two such signs.
5. Signs attached to or erected flat against the wall of a building shall not extend in height above the wall of that building by more than 50% of the height of the wall to which the sign is attached.
6. Signs mounted on a structure on or above the roof line shall not extend in height above the roof line of that building by more than 50% of the height of the structure to which the sign is attached.
7. Signs that are freestanding shall not extend in height above the roof line of the tallest building by more than 50% of the height of the tallest located on the same parcel.

Subd. 4 - Signs in industrial districts

1. The number of square feet of business sign area on a lot may not exceed two square feet for each lineal foot of lot frontage or 10% of the building frontage area, or 75 square feet in area, whichever is greater. Nearby residential districts must be protected from direct light if these signs are illuminated.
2. Business signs may be attached to or erected flat against the wall of buildings. If free standing, they must observe all setbacks and side yard lines. Business sign structures may be single face, double face, or "V" type. Business signs are subject to the same setback limitations as other buildings or structures in the districts in which they are located and may not be erected within 100 feet of any abutting residential district if designed to face directly into such district.
3. One "for rent" or "for sale" sign not exceeding 30 square feet in area is permitted; a corner lot may have two such signs.
4. Signs attached to or erected flat against the wall of a building shall not extend in height above the wall of that building by more than 50% of the height of the wall to which the sign is attached.
5. Signs mounted on a building on or above the roof line shall not extend in height above the roof line of that building by more than 50% of the height of the structure to which the sign is attached.
6. Signs that are freestanding shall not extend in height above the ,roof line of the tallest building by more than 50% of the height of the tallest located on the same parcel.

Subd. 5 - Signs in residential districts

1. The following signs may be erected, hung, placed or painted without a permit.
   1. One name plate announcing only the name of the occupants or location or both of a residence.
   2. One bulletin board not exceeding 24 square feet in area for churches, schools, hospitals or public or semi-public institutions. Illumination must be diffused or indirect and the sign must be set back at least one-third the distance of any required side yard or setback from any property line.
   3. One unlighted real estate "for sale" or "for rent" sign not exceeding four square feet.
   4. One business sign for each use other than residential, which may not exceed six square feet in area and must not be illuminated.
   5. A sign for a conditional-use property may be no larger than eight square feet, must be attached to the building, and must not be illuminated.

Subd. 6 - Off-premise Signs (billboards)

1. Off-premise signs (billboards) shall only be permitted as a conditional use in industrial districts.
2. The surface area of both sides of an Off-premise sign (billboard) located along Interstate Highway 94 shall not be more than six hundred (600) square feet. On all other streets, the surface area of both sides of an Off-premise sign (billboard) shall not be more than four hundred (400) square feet.
3. No off-premise sign (billboard) shall be located within five hundred (500) feet of parks, historical sites, public picnic or rest areas, or within two hundred (200) feet of church or school property.
4. No off-premise sign (billboard) shall be located closer than thirty-five hundred (3500) feet horizontal distance from any other advertising sign measured in any direction. Advertising signs shall not exceed thirty (30) feet above the average ground level at the base of the sign.
5. Notwithstanding the foregoing, the City of Freeport shall be permitted to erect two (2) Off-premise (billboard) signs to be used for the purpose of promoting economic development, providing recognition of the City, and for public interest announcements.

Subd. 7 - Non-conforming Signs

1. Existing signs that do not conform to the specific provisions of this Code may continue to be used provided that:
   1. The city council determines such signs are properly maintained and do not in any way endanger the public, and
   2. The sign was installed in conformance with a valid permit or variance, or complied with all applicable laws then in effect.
2. A non-conforming sign's continued use becomes illegal and subject to the violation provisions of this Code if:
   1. The sign is relocated or replaced, or
   2. The structure or size of the sign is altered in any way except toward compliance with this Ordinance. This does not refer to change of copy or normal maintenance.
3. Non-conforming signs are subject to all requirements of this Code regarding safety, maintenance, and repair.
4. If a non-conforming sign suffers more than 50 percent damage or deterioration, based on the market value, it shall be brought into conformity with this Code or removed.
5. If the use of a non-conforming sign is discontinued for a period of one year, it shall be brought into conformity with this Code or removed.

500.37 - Shore land overlay district

Subdivision 1 - Intent

The uncontrolled use of shore lands in the city affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of public health, safety, and welfare to provide for the wise development of shore lands and flood plain areas. The Legislature of Minnesota has delegated responsibility to the municipalities of the state to regulate the subdivision, use, and development of the shore lands and flood plains and thus preserve and enhance the quality of surface waters, preserve the economic and natural values of shore lands and provide for the wise utilization of waters and related land resources.

Subd. 2 - Shore land management classification

In order to guide the wise development and utilization of shore lands of public waters for the preservation of water quality, natural characteristics, economic values and the general health, safety, and welfare, all public waters, in the city have been given a shore land management classification. The public waters of the city have been classified by the commissioner of natural resources as follows:

1. Recreational Development Lake - Freeport Lake

Subd. 3 - Shore land overlay district

The shore lands of the city are designated as a shore land overlay district. The purpose of the shore land overlay district is to provide for the wise utilization of shore land areas in order to preserve the quality and natural character of public waters of the city.

1. Permitted uses - All permitted uses allowed and regulated by the applicable zoning district underlying this shore land overlay district as indicated on the official zoning map of the city.
2. Conditional uses - All conditional uses and applicable attached conditions allowed and regulated by the district as indicated on the official zoning map of this city. Notice of all requests for conditional uses and variances must be forwarded to the Department of Natural Resources at least ten days prior to any hearing.
3. General provisions - The following standards apply to all shore lands of all public waters within the city. All development must utilize city utilities. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, than the more restrictive standards apply:

   1. Freeport Lake Recreational Development Waters

      Lot area (ft.)	20,000
      Water frontage and lot at building line (ft.)	150
      Building setback from ordinary high water mark (ft.)	100
      Building setback from roads and highways (ft.)	50 State or County 30 City or private
      Placement of roads and parking lots from ordinary high water mark (ft.)	75
      Elevation of lowest floor above highest known water level (ft.)	3
      Total lot area covered by impervious surface (%)	30

Subd. 4 - Lots of record

Lots of record in the office of the county recorder on July 29, 1980, are allowed as building sites provided

1. such is permitted in the zoning district.
2. the lot is in separate ownership from abutting lands and
3. sanitary and dimensional requirements of this code are compiled with insofar as practicable.

Subd. 5 - Shore land alterations