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 extende4d, 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

1. Removal of natural vegetation must be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shore land aesthetics. Removal of natural vegetation in the shore land over land district is subject to the following provisions:
   1. Selective removal of natural vegetation will be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water.
   2. Clear cutting of natural vegetation must be prohibited.
   3. Natural vegetation must be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.
   4. The provisions of this subsection do not apply to permitted uses that normally require the removal of natural vegetation.
2. Grading and filling in shore land areas or any alterations of the natural topography where the slope of the land is toward public water or a water course leading to a public water must be authorized by a conditional use permit. The permit may be granted subject to the conditions that:
   1. The smallest amount of bare ground is exposed for a short time is feasible,
   2. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted.
   3. Methods to prevent erosion and trap sediments are employed, and
   4. Fill is stabilized to accepted engineering standards.
3. Excavations on shore lands where the intended purpose is connection to public water, requires a permit from the city council before construction is begun. The permit may be obtained only after the commissioner of natural resources has issued a permit for work in the beds of public waters.

Subd. 6 - Subdivision provisions

1. Land may not be subdivided that is held unsuitable by the city for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply, or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed sub-division, or of the city.
2. Plats that are inconsistent with the shore land district must be reviewed by the Commissioner of Natural Resources before approval by the municipality may be granted. The review requires that the proposed plats be received by the commissioner at least ten days before a hearing is called by the city for consideration of approval of a final plat.
3. Copies of all plats within shore land areas, must be submitted to the commissioner within ten days of final approval by the city.

Subd. 7 - Supplemental definitions/administration

1. The following definitions are provided to clarify the application of this subsection.
   1. Ordinary high water mark” means a mark delineation the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
   2. “Shore land” means land located within the following distances from public water:
      1. 1,000 feet from the ordinary high water mark of a lake, pond, or flowage; and
      2. 300 feet from a river or stream or the landward extent of a flood plain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shore lands may be less than the statutory limits whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.
2. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under this subsection must be received by the commissioner at least ten days prior to such hearings.
3. A copy of amendments and final decisions granting variances or conditional uses under this subsection must be received by the commissioner within ten days of final action or amendment.

500.39 - General requirements; performance standards; intent

The intent of subsections 500.41 to 500.46 is to establish general development performance standards. The regulations provided herein apply equally to all districts except where special provisions provide otherwise.

500.41 - Development standards.

Subdivision 1 - Parking and loading requirements

In all zoning districts, with the exception of allowed uses in “C-1” community commercial district, off-street parking facilities for the storage of motor vehicles for use of occupants, employees, and patrons of the building or structures hereafter erected, altered, or extended must be provided and maintained as herein prescribe.

Subd. 2

A parking space, as referred to in this code, must be at least nine feet wide by 200 feet long. In considering parking lots, a standard of 300 square feet per parking space is used to compute total requirements including maneuvering areas.

Subd. 3

Parking of automobiles and other motor vehicles is permitted in the front and side yards in manufacturing districts screened by a greenbelt eight feet in width.

Subd. 4

Loading space is not to be constructed as supplying off-street parking space.

Subd. 5

When units or measurements used in determining the number of required parking spaces result in requirements of a fractional space, any fraction up to and including one-half is disregarded and fractions over one-half requires one parking space.

Subd. 6

Whenever a use requiring off-street parking is increased in floor area and such use is located in a building existing on or before January 1, 1996, additional parking space for the additional floor area must be provided and maintained in amounts hereafter specified for that use.

Subd. 7

For the purpose of this section, “floor area”, in the case of offices, merchandising or service types of uses, means the gross floor area used or intended to be used for services to the public as customers, patrons, clients, or patients as tenants, including area occupied for fixtures and equipment used for display or sale of merchandise, less 10%.

Subd. 8

Off-street parking facilities for dwellings must be provided and located on the same lot or parcel of land as the building they are intended to serve.

Subd. 9

The location of required off-street parking facilities for other than dwellings must be within 300 feet of the building they are intended to service, measured from the nearest point of the off-street parking facilities and the nearest point of the building or structure.

Subd. 10

An entrance to or exit from a parking area may not be more than 24 feet in width. Off-street parking areas may not be designed so that vehicles must back into the street or public way.

Subd. 11

Where a use is not specifically mentioned, off-street parking requirements are the same as for similar uses.

Subd. 12

Nothing in this subsection is to be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses provided, collective provisions of off-street parking facilities may not be less than the sum of the requirements for the various individual uses computed separately in accordance with the items listed in subdivision 14.

Subd. 13

The following are guidelines recommended concerning the amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified above:

1. Single-family, two-family dwellings, and townhouses units - One space per unit.
2. Multiple family dwellings - Parking space required will be addressed at the time of parking permit application (one or two spaces will be required). A garage must be of the same architectural treatment as the dwelling.
3. Boarding houses, hotels, motels, and dormitories - One parking space for each dwelling unit or individual for whom sleeping accommodations are provided.
4. Places of assembly - One parking space must be provided for each four units of seating capacity in churches, theaters, gymnasiums, auditoriums, stadiums, or arenas. For schools (public or private) one parking space must be provided for each four units of seating capacity based upon the design of the auditorium, gymnasium. or stadium within the school.
5. Places of medical treatment - One parking space must be provided for each two employees plus one for each four beds in hospitals, sanitariums, rest homes, and nursing homes, one parking space must be provided for each two employees plus one for each doctor plus one per 100 square feet of floor area in clinics (medical or dental).
6. Offices - One parking space must be provided for each 250 square feet of floor space.
7. Bowling alley - At least five parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure.
8. Motor fuel station - At least four off-street parking spaces plus two off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts, or service must provide additional parking in compliance with other applicable sections of this code.
9. Retail store and service establishments - At least one off-street parking space for each 250 square feet of floor area.
10. Retail sales and service business with 50% of gross floor area devoted to storage, warehouses, and/or industry - One space for each 250 square feet devoted to public sales and/or service plus one space for each 500 square feet of storage area or one space for each employee on the maximum shift, whichever is appropriate.
11. Restaurants, night clubs, taverns, or cafes - One parking space for each four seats, but not less than 15 spaces.
12. Manufacturing, fabrication, or processing of a product or material warehouse, storage, handling of bulk goods, post offices - One parking space for each two employees based on the maximum planned employment on each shift or one space for each 400 square feet of floor area, whichever is greater.

Subd. 14

In districts where off-street parking lots are permitted or required, such off-street parking lots must be constructed and maintained subject to the following regulations:

1. adequate ingress and egress must be provided,
2. the parking lots must be maintained in a usable dustproof condition and kept graded and drained to dispose of surface water,
3. whenever the parking lot boundary adjoins property zoned for residential use, a setback of three feet from the lot line is required,
4. necessary curbs or other protection against damage to adjoining properties, streets and sidewalks must be provided and maintained.

500.43 - Development standards: off-street loading

Subdivision 1 - Berths

In commercial and industrial zoning districts, truck berths, or loading and unloading of goods or wares must be provided on the same lot for each building designed to be used for these purposes. Where truck berths are for each building designed to be used for these purposes. Where truck berths are provided inside the building, such area may not be included in the total floor area used for determining the required numbers of such berths, nor for parking space requirements.

Subd. 2 - Retail

Retail stores, shopping centers, or shops must provide one truck berth for each two business places or one for each 20,000 square feet of floor area, whichever is greater.

Subd. 3 - Industrial

Industrial and manufacturing uses must provide one truck berth for each 10,000 square feet of floor area.

500.45 - Development standards: general fencing, screening, landscaping, and storage

Subdivision 1 - Fencing; residential/commercial/landscape

1. All permanent fences require a zoning permit from the city zoning administrator. All decisions and interpretations of fencing 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 fence.
2. Snow fences must be removed by April 10th which is defined by removing the posts and the snow fencing material.
3. Zoning permit must specify the materials to be used and the location of the fence.
4. No metal sheathing fences will be allowed in residential areas.
5. No barbed wire or livestock fencing will be allowed unless the land adjoins agricultural property.
6. Enclosed fences must have a minimum of two access gates. The fence may be built on lot lines. Street, alley, and easements setbacks will be required. The fences must be built so the "best side" is facing out. It shall be the property owner's responsibility to maintain the outer side of the fence, including trimmings of the grass.
7. Wood fences must be slated so as to allow air flow through the fence.
8. Fencing around pool areas must be a minimum of six feet high. This fence must have two access gates and these gates should be locked when the pool is unattended.
9. Fencing used to block offensive materials should be of a solid or semi-solid material and must be well maintained at all times. The city reserves the right to investigate complaints against the enclosed area.
10. Fences may be placed in City utility, but not road, easements and must be removed at the request of the City Council or City Clerk to conduct easement activities requiring the removal of the fence at the expense of the property owner.

Subd. 2 - Screening

Screening. Materials and equipment, except as provided in the district provisions of this code must be stored within a building or structure or screened so as not to be visible from adjoining properties, except the following.

1. usable laundry equipment (clotheslines),
2. recreational equipment and vehicles,
3. construction and landscaping material currently being used on the premises.

Subd. 3 - Location

A fence, wall, structure, coniferous trees or obstruction other than chain link fences with openings of 1-5/8 inches to 2 inches not exceeding 48 inches in height, may not be erected, established, or maintained on a corner lot within a triangular area bounded by lot lines and a line connecting points on each lot line 20 feet from the intersection of the lot lines. An object within this area not exceeding 30 inches in height is measured from the centerline elevation of the street and is not considered as an obstruction to vision. This section does not apply to the "C-1" district.

Subd. 4 - Height

A fence may not exceed eight feet in height and in the case of grade separation, the highest must be determined on the basis of measurement from the average point between the highest and lowest grade.

Subd. 5 - Required permanent fencing

In commercial districts (C-1 and C-2) adjacent to residential districts, and not divided by streets, alleys, or roads recognized by the City Council, the commercial property owner must erect and maintain a fence not to exceed eight (8) feet in height or be less than six (6) feet in height and must screen the adjacent residential lot from 80% of the light emitted from cars, signs, or other lights as a direct cause of the commercial property's activities and screen the litter produced by the users of the commercial property. The fence shall be placed from the property line at a distance of two (2) feet or greater, as to achieve compliance, to allow the commercial property owner to maintain the fence and ground from the fence to the adjacent residential district property line. An exemption to this requirement would include walls as a part of the structure of a building that achieve the compliance results as previously described.

Subd. 6 - Vegetation

In all zoning districts the lot area remaining after provided for parking, driveways, loading, sidewalks, or other requirements must be planted and maintained in grass, sodding, shrubs, or other acceptable vegetation or landscaping techniques.

500.47 - Development standards: dwelling unit restrictions

Subdivision 1 - Basement

A basement (except when used as a portion of the living space of the family, or as an earth sheltered home, cellar, garage, tent, or mobile home, or accessory building) may not be used as a residence or dwelling unit, temporarily or permanently, except elsewhere allowed in this code.

Subd. 2 - Buildings

Except in the case of planned unit developments provided in subsection 500.55 of this code, not more than one principal building may be located on a lot.

Subd. 3 - Lot lines

On a through lot (a lot fronting on two parallel streets) or a corner lot, both street lot lines are considered to be front lot lines for applying yard and parking requirements.

500.49 - Development standards: general performance standards

Subdivision 1 - Sewers

All wastewater facilities must be connected to community wastewater facilities when available Where wastewater lines are not constructed or in operation, all wastewater facilities must be connected to approved septic tanks and disposal fields. This subdivision does not apply to temporary construction sites or portable units.

Subd. 2 - Lighting

Lighting used to illuminate an off-street parking area, sign, or other structure must be arranged as to deflect light away from any adjoining residential zone or from the public streets. Director of sky-reflecting glare, whether from flood-lights or from high temperature processes such as combustion or welding must not be directed into any adjoining property. the source of lights must be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs are not permitted in view of adjacent property or public right-of-way.

Subd. 3 - Smoke

The emission of smoke by any use must be in compliance with the regulations by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-1-15.

Subd. 4 - Dust and other particulated matter

The emission of dust, fly ash. or other particulated matter by any use must be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-1-15.

Subd. 5 - Odors

The emission of odorous matter in such quantity as to be offensive is not permitted. The emission of odor by any use must be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC-1-15.

Subd. 6 - Noise

All noise must be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, must not exceed the minimum standards established by the State of Minnesota, Regulations NPC1, 2, and 4.

500.51 - Development standards: height and yard exceptions

Subdivision 1 - Structures

Chimneys, cooling towers, elevator bulk head, fire towers, drive-in movie theater screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio, or television towers, monuments, cupolas, steeples, and mechanical appurtenances pertaining to and necessary to the permitted use of district in which they are located, must not be included in calculating the height of the principal structure. Solar collectors will be considered on an individual basis as a variance as set forth in subsection 500.55, subdivision 2.

Subd. 2 - Attached structures

Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, boiler flues, and other similar projections will be considered as part of the building and not allowed as part of the required space for yards, courts, or unoccupied space. This provision does not apply to a fireplace or chimney, not more than eight feet in length and projecting not more than 30 inches into the allowable side yard space, unenclosed porches or other ground level unenclosed projections which may extend into a front or rear yard not more than eight feet or into a side yard not more than six feet.

Subd. 3 - Private driveways and sidewalks

Driveways and sidewalks shall be exempt from yard setbacks and lot coverage requirements.

500.53 - Non-conforming uses

Subdivision 1

The lawful use of a building or structure existing on July 29^th, 1980, may be continued although such use does not conform with the district provisions herein.

Subd. 2

A non-conforming use may be extended throughout the building or structure, provided no structural alterations or changes are made therein, except those required by law or ordinance or such as may be required for safety, or such as mat be necessary to secure or insure the continued advantageous use of the building during its natural life.

Subd. 3

Any non-conforming building or structure damaged by more than 50% of its then appraised value, exclusive of foundations at the time of damage by fire, collapse, explosion, or act of GOD, or public enemy, may not be restored or reconstructed and used as before such happening. The city council may grant a building permit for reconstruction, but as a conditional use permit as specified in subsection 500.67. When such a request if made, the commission and council may find that in addition to the requirements of subsection 500.67, that the use cannot be reasonably relocated due to the nature of the use, land availability, need to be adjacent to the primary residence and neighborhood compatibility exists with other uses. When a structure is damaged in an amount less than 50% above the foundation, it may be restored, reconstructed or used as before provided that it is done within 12 months of such happeni9ng and that it be built of like or similar materials, or the architectural design and building materials are approved by the city council.

Subd. 4

A non –conforming use may be changed to a comparable conforming use. Whenever a non –conforming use has been changed to a conforming use or a use permitted in a district of greater restrictions, it may not thereafter be changed to a non-conforming use of less restricted district.

Subd. 5

In the event that a non-conforming use of any building or land is discontinued for a period of one year, the use of the same must conform thereafter to the uses permitted in the district in which it is located.

Subd. 6

Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations that do not extend or intensify the non-conforming use.

500.55 - Planned unit development: purpose

Subdivision 1 - Purpose And Intent

It is recognized that the City's Zoning Ordinance is structured to regulate land use and development patterns of a conventional or traditional nature; however, there are situations where innovative proposals for the use of land may be submitted which do not relate to ordinance controls and would have to be rejected even though feasible and beneficial to the community. It is to accommodate such innovative proposals, even those that may mix land uses within a development, exceed stipulated densities, or depart from traditional lot sizes, that the City's establishes a Planned Unit Development (PUD). The provisions of this Section are intended to encourage flexible, practical approaches to land use design and development in a manner which is in the best interests of both the developer and the community. More specifically, a PUD may provide for progressive developments which may achieve any number of the following:

1. Provide a maximum choice of living environments by allowing a variety of housing and building types, permitting increased density per acre, a reduction in lot dimensions, building setbacks, or area requirements;
2. Allow a more useful pattern of open space and recreation areas;
3. Provide more convenient access to services, commercial products and workplaces by providing for mixed use development;
4. Provide for development which preserves and/or utilizes existing natural site features and vegetation;
5. Provide more efficient use of land resulting in lower cost in utilities and city services; or
6. Provide for development in harmony with transportation facilities or services, community facilities, and the objectives of the comprehensive plan. Because of the flexibility allowed through the approval of a PUD, it is important that the City Council retain absolute authority over the approval or disapproval of a PUD. The approval of a PUD is a legislative decision of the City Council. No property owner has an affirmative right to develop their property using the planned unit development overlay district.

Subd. 2 - Conditional use permit required

Planned Unit Developments shall require a conditional use permit (CUP) for the zoning district in which the proposed PUD is located. Unless specifically varied, modified, or set aside in the CUP, the underlying zoning district's permitted uses, rules, regulations and requirements shall govern the PUD.

Subd. 3 - Subdivision regulations

The City intends that the proposed PUD property be subdivided simultaneously with the conditional use permit application. The uniqueness of each PUD, however, may require that specifications and standards for streets, utilities, public facilities and the approval of land subdivisions be altered from the standards set out in applicable City ordinances and policies. The City Council may, therefore, where it finds that such modifications are necessary and that such modifications will not adversely affect the health, safety or welfare of the general community, as part of the approval of the PUD, approve street, utility, and public facility plans as well as subdivisions which are not in compliance with the specifications or requirements established by City ordinances and policies. Applicants will, however, continue to be required to obtain approval of plats in accord with the procedural requirements of Minnesota statutes and applicable City ordinances; however, those platting procedures may be accomplished in conjunction with the application process for a PUD. Except as varied by the conditional use permit or by agreement, the property's subdivision and/or platting as a PUD will be subject to the subdivision approval and recording requirements of the City and state law.

Subd. 4 - Permitted uses

All permitted and accessory uses allowed in the underlying zoning district will be allowed within the PUD. In addition to the uses permitted in the underlying zoning district, all other uses designated as permitted by the CUP will be considered permitted as part of the PUD. No use will be permitted as part of a PUD if that use will have the potential for adversely affecting adjacent property or the public health, safety, or general welfare of the community.

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

The lot, yard, area, height and other such performance requirements of the underlying zoning district will apply to the PUD, except as such are specifically modified as part of the PUD approval. An approved PUD may establish lot, yard, area, height or other performance requirements which vary from the underlying zoning district without having to go through the normal variance procedures. In no event, however, may a PUD alter such standards if doing so would violate a fire or safety code requirement. Variances from requirements of an underlying zoning district will not be implied except to the minimum extent required to comply with an approved PUD.

Subd. 6 - Property control

The proposed PUD development property must be under unified control at the time of application, and be planned and scheduled to be developed as a whole. The applicant must have acquired actual ownership of or executed a binding sales contract for all of the property comprising the proposed tract. If more than one owner is involved, each owner must agree to be bound by the conditions and regulations which will be effective within the PUD and to record any covenants, easements and other provisions the City requires.

Subd. 7 - General development provisions

1. Roadways. Any private roadways within the project shall be designed as to permit City emergency fire, police and rescue services to provide protection to each building and to provide adequate access to arterial roadways.
2. Utility Connections
   1. Water Connections. Where more than one (1) property is served from the same service line, a shut off valve must be located so that the City may shut off each unit's service in addition to the normally supplied shut off at the street.
   2. Sewer Connections. Where more than one (1) unit is served by a sanitary sewer lateral which exceeds three hundred (300) feet in length, provisions must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning will be the responsibility of the property owners association, or owner.
3. Building Types. In addition to the conventional type of construction and arrangements of building, structures uses and property as allowed by this Ordinance, it will be permissible to cluster, adjoin, and attach structures in a row house, townhouse, patio home or similar style of development within the Planned Unit Development.
4. Subdivision and Ownership. It shall be permissible within a Planned Unit Development to subdivide properties into lesser size parcels for individual ownership and create common open space areas in undivided proportions under joint ownerships. Such ownership arrangements are commonly defined as condominium and/or cooperative developments.
5. Minimum Project Size.
   1. Within residential districts a Planned Unit Development shall not be applied to a parcel of land containing less than one (1) acre.
   2. Within a commercial or industrial district a Planned Unit Development shall not be applied to a parcel of land containing less than two (2) acres.
6. Density Bonus. As a consequence of all Planned Unit Development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased. The building, parking and similar requirements for these extra units shall be observed in compliance with this Ordinance.
7. Public Services. The proposed project shall be served by the City water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection.
8. Municipal Improvements. The City may require all municipal improvements be completed (with roadways having at least one lift of blacktop) before building permits are issued.

Subd. 8 - Declaration

1. Filing with City. Before the use, occupancy, sale or execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, the owner must obtain the City's approval and file with the City a declaration of covenants, conditions and restrictions or an equivalent document with the City before filing the declaration, document or floor plans with the Stearns County, Minnesota recording office.
2. Land Subject to Declaration. The declaration of covenants, conditions and restrictions or equivalent document must specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments will subject the properties to the declaration's terms.
3. Owners' Association. Where deemed applicable, the declaration of covenants, conditions and restrictions should provide that an owners' association or corporation be formed and that all owners be members of the association or corporation which maintain all common areas in good repair and which will assess individual property owners proportionate shares of joint or common costs. This declaration will be subject to the City Attorney's review and approval. This requirement's intent is to protect the property values of the individual owner through establishing private control.
4. City's Assessment of Costs. The declaration must also provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City or fails to pay taxes or assessments on properties as they become due and if the City incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, then the City will have the right to assess each property its pro rata share of the expenses. The assessments, together with interest and collection costs, will be a lien on each property against which each assessment is made and, in addition, each assessment, together with its interest and collection costs, shall also be a personal obligation of the person who was the owner of the property at the time when the assessment became payable.

Subd. 8 - PUD application and procedure

1. Application and Fee. Applicants must apply for a PUD by filing for a conditional use permit under Section 500.67 of the City's Zoning Ordinance and paying the required fee. All property owners within the proposed PUD's boundaries must sign the PUD application.
2. Application Fee. The City Council may establish a PUD application fee by resolution.
3. Development Plan. The conditional use permit application for a PUD must be accompanied by ten (10) copies of a development plan, including written information and a preliminary plat, showing the following in addition to other information required by applicable City ordinances:
   1. The present ownership and developer of the property.
   2. The entire outline, property lines, overall size, dimensions, area, and existing land uses of the property, along with the location of all buildings, roads, utilities, and other structures currently on the property.
   3. The use, zoning and ownership of all adjacent properties within one hundred (100) feet of the tract boundaries including the location of all structures and the right-of-way width and traveled width of all adjacent public roadways.
   4. The type and location of existing topography and other natural features, including wetlands, soils, vegetation, slopes, water features, drainage, and wildlife, of the property.
   5. A general description of the proposed PUD including a written description of proposed variances from regulations of underlying zoning district and subdivision regulations
   6. Proposed land uses and approximate location and dimensions of roads, sidewalks, trails, lots and lot lines, buildings, easements, utilities, driveways, curb cuts, parking and loading areas, parks, open space, holding ponds, and unique development features; proposed number of lots and densities; distances between buildings and lot lines; landscaping, lighting, grading, and drainage plans; lot coverage and acreage; and other appropriate information.
   7. Proposed development schedule, including progressive phasing, time schedules, expected start and completion date of each phase and the entire development.
   8. Preliminary architectural drawings, if any, illustrating floor plans and exterior construction materials.
   9. Proposed covenants or other private legal restrictions, if any.
4. Review. A CUP application for a PUD will be governed by the procedures set forth in Section 500.67 of the City's Zoning Ordinance for a conditional use permit.
5. Conditions. The City may impose such conditions and restrictions on the PUD as it deems necessary or advisable as part of its approval of the CUP.
6. Development Agreement and Performance Bond. As a condition to approval of the CUP for the PUD by the City Council, the applicant will be required to execute a development agreement which states the conditions of the PUD and the phases of the development. The CUP for the PUD, and its terms and provisions, may be integrated into the PUD development agreement with the Developer. The City may, in its discretion, require that the applicant provide the City with a performance bond or other security deemed sufficient by the City Council to ensure the applicant's compliance with the development agreement.
7. PUD Amendments. The procedures necessary to amend the CUP for the PUD after it has been approved by the City are the same as the procedures required for the original approval. Nonmaterial changes to the PUD may be made upon approval of the City Council without having to hold a public hearing. Matters will be considered nonmaterial only if they will not result in a change in use which is not otherwise permitted in the underlying district or will not require a variance from the regulations of the underlying zoning district.
8. Lapse of Time. If within one (1) year of the City Council's approval of the PUD no building permits have been obtained or if within one (1) year of the issuance of the first building permit on the property no construction has commenced, the PUD will become void. An applicant may request and receive an extension from the City Council in the event the applicant can demonstrate a good faith effort has been made to use the PUD, that there is a reasonable expectation the PUD will be used, and the facts upon which the PUD was approved are essentially the same.
9. Yearly Inspections and Review. The City's Building Inspector will review each PUD at least once each year until completed and will make a report to the City Council on the status of the development in each PUD. If the development is not progressing according to schedule, the owner will be required to submit to the Building Inspector a written statement setting forth the reasons for the lack of progress. Within 30 days of such notice, the City Council will either revoke the approval of the PUD, and the land will thereafter be governed by the regulations applicable in the zoning district in which it is located, or the Council will take such steps as it deems necessary to compel compliance with the approved PUD.

Subd. 9 - Review and evaluation criteria

The City Council's review, evaluation, and approval or rejection of a proposed Planned Unit Development and supportive materials and plans may include, but not be limited to, the following criteria:

1. Adequate property control is established and provided to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep.
2. The interior circulation plan plus access from and onto public right-of-ways does not create congestion or dangers and is adequate for the safety of the project residents and general public.
3. A sufficient amount of useable open space is provided.
4. The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding uses.
5. The architectural design of the projects is compatible with the surrounding area.
6. The drainage and utility system plans are submitted to the City Engineer and are subject to his approval.
7. The development schedule insures a logical development of the site which will protect the public interest and conserve land.
8. Principal and accessory uses and requirements are in compliance with the district provisions in which the development is intended.
9. The planned unit development can adequately be serviced by City services without the expenditure of taxpayer funds in excess of what would be expected from other permissible development.

Subd. 10 - City Council findings

In addition to the requirements of a CUP, the City Council must find the following in order to issue a CUP for a PUD:

1. Comprehensive Plan. The development will be planned so that it is consistent with the Comprehensive Plan for the community.
2. Harmony. The planned unit development will be planned and developed to harmonize with any existing or imminent development in the area surrounding the project site.
3. No Disturbance. The development will not be hazardous or disturbing to existing or planned neighboring uses, and will not materially adversely affect the values of adjacent properties.
4. Adequate Service. The development may be adequately served by essential public or private facilities and services, including streets, police and fire protection, drainage facilities, refuse disposal, water and sewer systems, and schools.
5. Beneficial. The distribution of buildings, streets and open space of the development will permit site planning that is superior to that which could be obtained without the PUD being approved and thus benefit both the residents of the development and community as a whole.
6. No Detriment. The distribution or location of buildings, streets and open spaces will not unduly increase the bulk of buildings, density of population, or intensity of use(s) to the detriment of areas outside the development by restricting access to light and air, by creating traffic congestion, or by other means.
7. Community Welfare. The development will not be detrimental to or endanger the public health, safety, morals, comfort convenience or general welfare.

500.57 - General regulations

Subdivision 1

The minimum area of land to be included in a planned unit development is two acres.

Subd. 2

As a result of a planned unit developments integrated character, the number of dwelling units allowed within the respective zoning district may be increased by 5%. The development must provide the 25% of the land, specifically lakeshore or river area, be reserved for use of the entire development and that the remainder of any shoreline will be left in a natural state. The parking and similar requirements of these extra units must be observed in compliance with this code.

Subd. 3

It is the intent of this subsection to require subdivision of property simultaneous with an application for a conditional use permit. The subdivision of land as a planned unit development is the same as imposed in the respective district.

Subd. 4

The front, side yard, and shore land restrictions at the periphery of the planned unit development site, at a minimum, is the same as imposed in the respective districts. Lots must be designed so as to allow at least 15 feet between individual structures.

Subd. 5

Private roadways within the project must have an improved surface to 20 feet or more in width. No portion of the required 20 foot road system may be used in calculating required off-street parking space.

500.59 - Administrative procedure

Subdivision 1

The proponent of a planned unit development must submit a preliminary subdivision plat and plot plan, along with an application for a conditional use permit. The preliminary plat must conform to the provisions of this code and the subdivision ordinance. The plot plan must be drawn to a scale of not more than 50 feet per inch, showing the following:

1. the existing and proposed topography with contour intervals not greater than two feet,
2. the entire outline, overall dimensions and area of the tract described in the application,
3. proposed public or community sewer and water system, including size, type, and capacity,
4. proposed roadway, type, and capacity of paving,
5. the proposed site and existing adjacent developments,
6. size and location of buildings,
7. landscaping,
8. parking areas and arrangements of stalls,
9. allocation and disposition of park and open space,
10. site and lot dimensions,
11. type of use and density of each building, including a relief drawing of the general building design or theme intended for all buildings other than single and two-family units.
12. location, type, and size of signing.

Subd. 2

If the conditional use permit for the preliminary plat and plot plan is approved, the preliminary plat and the plot plan must be attached to and become a part of the co