HomeMy WebLinkAbout2022-08-22 WORKSHOP (CITY CODE TITLE 11 RECODIFICATION)Cottage
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To: Members of the Cottage Grove Planning Commission
From: Amanda Johnson, Assistant City Attorney and Planning Staff
Date: August 22, 2022
Subject: City Code Recodification Work Session — Title 11 — Use Districts
INTRODUCTION
As you know, we have been working to repeal and replace the City's entire Zoning Code. At our
last meeting with you in July, you discussed the City-wide rezoning project as part of the
replacement of the Zoning Code. Tonight, we will review the use district chapters (residential,
business, industrial, etc.). Attached for your review are the proposed ordinances.
NEW ZONING TOOL — CONDITIONAL ADMINISTRATIVE PERMITS
As we reviewed other city's codes, we discovered that some cities utilize "Administrative
Permits" for various uses. They use these permits for uses or activities that do not require the
level of scrutiny and discretion needed for a Conditional Use Permit determination but still require
a greater level of review than a permitted use. For example, many public utility or service
structures such as transmission lines, substations, and communications equipment follow very
clear performance standards and are highly regulated. Staff can easily take the application and
required documentation and run it through a checklist to confirm that it complies with code. It
requires no subjectivity or discretion on Staff's part to make that decision.
We are calling these permits "Conditional Administrative Permits." This new permit will allow a
streamlined, efficient and cost-effective process for appropriate uses and activities. Importantly,
the proposed approval process will still provide Staff the ability to determine that a project
requires Council review. The procedures will be added to Chapter 2—Administration and
Enforcement.
TITLE 11 — Chapter 8
Agricultural Zoning Districts
AG-1— Agricultural Preservation District
We removed any reference to specific performance standards for items such as farmer's
markets or home occupations. They can get lost easily in this Article of the Code, so instead
they will be moved to Chapter 6 which is labeled "Performance Standards."
• *New* Conditional Administrative Permits:
o Communication/cellular towers
o Public utility and service structures
• *New* Interim uses
o Farmers markets
• *New* See changes to permitted and accessory uses
o Commercial greenhouses
o Poultry facilities
• *New* Redefined rules for subdividing lots
AG-2 — Agricultural District
Starting in Article B, you will notice that instead of simply referencing previous code sections for
the list of uses, setbacks, etc, each district is explicitly defined and described in the code for that
district. This will prevent interpretation errors or authorizing some use for a district
unintentionally.
• *New* Conditional Administrative Permits:
o Communication/cellular towers
o Public utility and service structures
• *New* Interim uses
o Farmers markets
• *New* See changes to permitted and accessory uses
• *New* Redefined rules for subdividing lots
TITLE 11 — Chapter 9
Residential Zoning Districts
Proposed Residential Zoning Districts
• R1 — Rural Residential District
• R2 — Residential Estate District
• R3 — Single -Family Residential
o No multi -family uses allowed
• R4 —Transitional Residential Zoning District.
o Allows both single family lots and multi -family lots.
• R5 — Medium Density Residential
• R6 — High Density Residential
R-2.5, Urban Renewal Residential and R-2A through R-2F have been removed.
R-2.5 — Residential District
This district has been removed as it was almost identical to R-3. All properties will be zoned R-
3 which will have development standards that were the least restrictive from both R-2.5 and R-
3.
UR- Urban Reserve Residential
This district has been removed. This zoning district was created in 1996 and no longer serves
the purpose for which it was intended. It was meant to be a transitional zoning district while the
area around it became eligible for development. It was a problematic district because under the
Comp Plan any transitional property should be zoned UR, but that is not in the best interest of
the transitional properties. Currently, there are only a couple properties zoned UR and as you
can see on the map below, a portion of those properties is already zoned R-2 (UR is in gray).
Staff is proposing to rezone the remaining UR to R-2.
_ B1
..
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R-2A through R-2F Residential Districts
These districts have been removed. They were created 16 years ago as part of the East Ravine
Master Plan, however only one development was zoned using these designations. The reality is
these districts are not used and outdated for current design and building trends.
Remaining Residential Districts
R-1— Rural Residential District
Removed performance standards for farmer's markets and home occupations. We also removed
performance standards for dog kennels; they are a conditional use and better served by an
individual analysis under a conditional use permit.
• *New* Conditional Administrative Permits
• *New* Interim uses
o Farmers markets
• *New* See changes to permitted and accessory uses
R-2 — Residential Estate District
• *New* Conditional Administrative Permits
• *New* Interim uses
o Farmers markets
• *New* See changes to permitted and accessory uses
R-3 —Single-Family Residential District
• *New* Conditional Administrative Permits
• *New* Interim uses
o Farmers markets
• *New* See changes to permitted and accessory uses
o No multi -family uses allowed
• *New* Changes to development standards
Il
R-4 — Transitional Residential District
• *New* Conditional Administrative Permits
• *New* See changes to permitted and accessory uses
• *New* Changes to development standards
R-5 — Medium Density Residential District
• *New* Conditional Administrative Permits
• *New* See changes to permitted and accessory uses
• *New* Changes to development standards
R-6 — High Density Residential District
• *New* Conditional Administrative Permits
• *New* See changes to permitted and accessory uses
• *New* Changes to development standards
TITLE 11 — Chapter 10
Business Districts
Limited Business District, B-1
The purpose of the Limited Business District is to provide a buffer district adjoining residential
districts with the goal of providing an area for administrative office buildings and related office
uses.
Retail Business District, B-2
The purpose of the Retail Business District is to encourage retail sales and services while
minimizing the impact of surrounding residential neighborhoods.
General Business District, B-3
The purpose of the General Business District is to provide centralized areas for retail businesses
and highway or automobile -oriented businesses.
• Removed references to quasi -industrial purposes for the district.
Planned Business District, P-B
The purpose of the Planned Business District is to provide a mix of retail, commercial and
industrial uses which are complimentary to the Cottage Grove Industrial Park. Allows for
manufacturing and retail.
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Mixed -Use Business District, M-U
The purpose of the Mixed -Use Business District is to provide flexibility for complementary uses
including high density residential, commercial services, retail, office and transit.
Neighborhood Business District, N-B
Removed, the City does not use anymore.
General Changes
• Removed agricultural uses from business districts.
• Added car charging stations as a conditional administrative use.
• Removed items that were not really uses
o Examples:
■ Bike racks
■ Decorative landscape features
■ Exterior employee break area
• Updated use table to reflect modern language and current market of businesses within
City and those who may want to move here.
o Examples:
■ Consolidated items that could be retail to general retail. Examples:
• Dry goods and fabric
• Casket supplies (actual use previously listed!)
• Toy store
■ Consolidated list of commercial recreation uses to indoor uses versus
outdoor uses
• *New* Indoor uses are permitted in all districts except B-1.
• *New* Outdoor uses requires a CUP.
■ Removed outdated uses. Examples:
• Auction house
TITLE 11 — Chapter 11
Industrial Districts
Combined Limited Industry District (1-1) with General Industrial District (1-2). 1-1 was originally
intended to have some non -industrial uses, however it has not developed that way and the
existing uses are only industrial in nature. Combined Heavy Industrial District (1-3) with Railroad
Access Industrial District (1-5).
General Industrial District, I-1 (previously 1-1 and 1-2)
The General Industrial District is intended to provide a district appropriate for manufacturing,
compounding, processing, packaging or treatment of products, excluding any hide or animal
processing, packaging, storing or transporting.
Heavy Industrial District, I-2 (previously 1-3 and 1-5)
The Heavy Industrial District provides areas suitable for industrial uses which are more intense
than the 1-1 district and may have greater impact to noncommercial land uses. This includes
uses that require direct access to rail lines for shipment. Property zoned 1-2 will be located
outside the metropolitan urban service area (MUSA).
Commercial Excavation District, 1-3 (previously 1-4)
The Commercial Excavation District provides for the availability of sand, gravel and other mineral
deposits or materials. This district seeks to permit other land uses as long as they will not conflict
with adjacent land uses.
General Changes
• Removed items that were not really uses
• Updated use table to reflect modern language and current market of businesses within
City and those who may want to move here.
TITLE 11 — Chapter 13
Conservancy District
*New* Removed requirement that all public properties designated as parks or open space must
be placed in the Conservancy District.
TITLE 11 — Chapter 14 / 14A
PUD Planned Unit Development District / Planned Development Overlay District
• Renamed "Planned Unit Development (PUD) Overlay."
• No longer designating a PUD its own zoning district. Best practices require we keep an
underlying zoning district and use the PUD as an overlay.
TITLE 11 — Chapter 15
Mississippi River Corridor Critical Area Overlay District
No current changes. The DNR provides occasional requested updates to the regulations in this
district and staff works with them to implement or request modifications as needed.
CONCLUSION
At the work session we will focus the discussion on a detailed review of the use lists and
development standards for the residential, business and industrial districts.
At the following workshop session, we will walk through the remaining zoning code chapters,
focusing on performance standards, and general and special zoning provisions.
Attachments:
Zoning Code Sections 11-8, 11-9, 11-10, 11-11, 11-13, 11-14, 11-5
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ir CHAPTER
AGRICULTURAL DISTRICTS
11-8A-1: PURPOSE:
This District is intended to preserve areas of high -quality soils or highly productive agricultural
capability to maintain and enhance the use of the land for long-term or permanent agricultural use
and preserve the rural character of outlying areas of the city and agriculturally related uses in
areas of the city not served by public sewer.
11-8A-2: PERMITTED USES:
The following are permitted uses in the AG-1 District:
1. Commercial agriculture and horticulture.
2. Commercial greenhouses.
3. Farm buildings and pole barns.
4. Farm drainage and irrigation systems.
5. Forestry.
6. Small cell wireless facilities in public right of way.
7. One single-family detached dwelling per each 40 acres. Any parcel of land that has 37.5
acres or more, after deducting road right of way, complies with the 40 acre requirement.
A. Minimum lot area: 40 acres provided that a parcel of more than 5 acres and less
than 10 acres may be created as a minor subdivision as long as the following
criteria is met:
i. The initial parcel is 40 acres or more in size and must be a parcel of record
as of the date of this chapter.
ii. Only one minor subdivision from the initial parcel is allowed until the
property receives full public utilities.
iii. Two hundred feet of street frontage is required for each parcel.
iv. Lots created solely for municipal utility facilities shall not be subject to
minimum lot width, depth and area requirements.
v. Both lots must comply with the minimum setback requirements.
B. Setback requirements:
Front yard 100 feet
Side yard 25 feet
Rear yard 50 feet
C. Location Of Driveways: The lot shall be located in such a manner that no driveways
may be located within 300 feet of an intersection of a minor arterial with another
road or within 150 feet of an intersection of 2 collector streets.
11-8A-3: ACCESSORY USES:
Uses and structures which are customarily accessory and clearly subordinate to permitted uses
and structures shall be permitted, including:
1. Accessory structures incidental to residential uses as regulated in 11-3-3 of this Title.
2. Home occupations as regulated by 11-4-_ of this Title.
3. Private swimming pools, intended for and used solely by the occupants of the property on
which it is located and their guests.
4. Signs as regulated by the City.
5. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots greater than 10 acres.
6. Produce stands selling only items produced on the property.
7. In home daycare facility licensed under Minnesota rules, parts 9502.0315 to 9502.0445,
as amended, serving 14 or fewer children.
11-8A-4: CONDITIONAL USES:
No structure or land shall be used for the following uses except by conditional use permit:
1. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots less than 10 acres.
1. Commercial horse stables, dog kennels, boarding stables and similar uses, which shall
not be located within 300 feet of a dwelling other than the dwelling on the property in
question.
11-8A-5: INTERIM USES:
The following are interim uses allowed in the A-1 District and require an interim use permit based
upon procedures set forth in and regulated by of this Title. Additional specific
standards and criteria may be cited below for respective uses.
1. Farmers Market as regulated by of this Title.
11-8A-6: ADMINISTRATIVE CONDITIONAL USES:
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Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the AG-1 District by administrative
conditional use permit and may be issued by the Zoning Administrator.
1. Communication / Cellular antennas as regulated by 11-4-7 of this Title.
2. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
ARTICLE B. AG-2 AGRICULTURAL DISTRICT
11-8B-1: PURPOSE:
This District represents those areas which are suitable for agricultural uses, but because of their
proximity to public sewer and water, they may be appropriate for development in the future. These
areas are not considered to be land suited to long-term agricultural use. It is the purpose of this
District to preserve these lands in agricultural uses until such time as streets, sewers, water supply
and other community facilities and services are provided or scheduled, so as to ensure orderly
and beneficial conversion of such lands to nonagricultural use, and to prevent their premature
conversion.
11-8B-2: PERMITTED USES:
The following are permitted uses in the AG-2 District:
1. Commercial agriculture and horticulture.
2. Commercial greenhouses.
3. Farm buildings and pole barns.
4. Farm drainage and irrigation systems.
5. Forestry.
6. Small cell wireless facilities in public right of way.
7. One single-family detached dwelling per each 10 acres.
D. Minimum lot area: 10 acres provided that a parcel of more than 3 acres and less
than 5 acres may be created as a minor subdivision as long as the following criteria
is met:
i. The initial parcel is 10 acres or more in size and must be a parcel of record
as of the date of this chapter.
ii. Only one minor subdivision from the initial parcel is allowed until the
property receives full public utilities.
iii. One hundred and eighty feet of street frontage is required for each parcel.
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iv. Lots created solely for municipal utility facilities shall not be subject to
minimum lot width, depth and area requirements.
v. Both lots must comply with the minimum setback requirements.
E. Setback requirements:
Front yard
100 feet
Side yard
25 feet
Rear yard
50 feet
F. Location Of Driveways: The lot shall be located in such a manner that no driveways
may be located within 300 feet of an intersection of a minor arterial with another
road or within 150 feet of an intersection of 2 collector streets.
11-813-3: PERMITTED ACCESSORY USES:
Uses and structures which are customarily accessory and clearly subordinate to permitted uses
and structures shall be permitted, including:
1. Accessory structures incidental to residential uses as regulated in 11-3-3 of this Title.
2. Home occupations as regulated by 11-4-_ of this Title.
3. Private swimming pools, intended for and used solely by the occupants of the property on
which it is located and their guests.
4. Signs as regulated by the City.
8. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots greater than 5 acres.
9. Produce stands selling only items produced on the property.
10. In home daycare facility licensed under Minnesota rules, parts 9502.0315 to 9502.0445,
as amended, serving 14 or fewer children.
11-813-4: CONDITIONAL USES:
No structure or land shall be used for the following uses except by conditional use permit:
1. Structures incidental to farm operations such as garages, barns, storage buildings, poultry
barns, etc. on lots less than 5 acres.
2. Commercial horse stables, dog kennels, boarding stables and similar uses, which shall
not be located within 300 feet of a dwelling other than the dwelling on the property in
question.
11-813-5: INTERIM USES:
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The following are interim uses allowed in the A-1 District and require an interim use permit based
upon procedures set forth in and regulated by of this Title. Additional specific
standards and criteria may be cited below for respective uses.
1. Farmers Market as regulated by of this Title.
11-813-6: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the AG-1 District by administrative
conditional use permit as may be issued by the Zoning Administrator.
Communication / Cellular antennas as regulated in 11-4-7 of this Title.
2. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
CHAPTER 9
RESIDENTIAL DISTRICTS
ARTICLE A. R-1 RURAL RESIDEN11111 TIA11 L DISTRICT
11-9A-1: PURPOSE:
The R-1 rural residential district represents those areas without public utilities that are suitable for
residential development. These areas are designated as rural residential in the city's
comprehensive plan. It is the intent that low densities be maintained in order to permit efficient re -
subdivision of lots to urban densities at such future time that public utilities become available
11-9A-2: PERMITTED USES:
The following are permitted uses in the R-1 District:
1. One single-family detached dwelling.
2. Agriculture and agricultural related buildings.
3. Structures and essential services for local, county, state, or federal government or public
utility purposes, except those requiring administrative permits or conditional use permits
pursuant to of this Title.
4. Public parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
5. Small wireless facilities located in the public right-of-way.
6. A state licensed residential facility serving 6 or fewer persons, a licensed day care facility
serving 12 or fewer persons, and a group family day care facility licensed under Minnesota
Rules, parts 9502.3015 to 9502.0445 to serve 14 or fewer children, except a residential
facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
violation of criminal statutes relating to sex offenses shall not be permitted pursuant to
Minnesota Statute 462.357, subd. 7 as amended.
11-9A-3: PERMITTED ACCESSORY USES:
The following are permitted accessory uses in the R-1 District:
1. Accessory buildings and structures as regulated by 11-3-3 of this Title.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Section.
3. Accessory apartments, as regulated by 11-4-_ of this Title.
4. Home occupations as regulated by 11-4-_ of this Title.
5. Keeping of animals as regulated by
5, Chapter 4, as applicable.
6. Signs as regulated by the City.
7. Produce Stand.
11-9A-4: CONDITIONAL USES:
of this Title and City Code Title
The following are conditional uses allowed in the R-1 District and require a conditional use permit
based upon procedures set forth in and regulated by 11-2-9 of this Title. Additional specific
standards and criteria may be cited below for respective conditional uses. No structure or land
shall be used for one or more of the following uses except by conditional use permit:
1. Accessory buildings and structures requiring a conditional use permit as provided in
section 11-3-3 of this Title.
2. Telecommunication tower, as regulated by of this Title.
3. Places of worship and religious institutions.
4. Cemeteries and/or memorial gardens.
5. Licensed home -based daycare facilities serving up to 16 persons.
6. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
7. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within 50
feet of any lot line abutting an R district.
8. Commercial greenhouses, provided, that all outside storage is fenced in such a manner
so as to screen the stored material from view when observed from the public street or an
adjoining lot.
9. Commercial horse stables, dog kennels, dog training facilities, boarding stables and
similar uses, on parcels of 10 acres or more and which shall not be located within 300 feet
of a dwelling other than the dwelling on the property in question.
10. Home occupations as regulated by 11-4-_ of this Title.
11. Limited commercial ventures conducted at historic properties as regulated in
of this Title.
12. Tax exempt clubs and lodges.
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11-9A-5: INTERIM USES:
The following are interim uses allowed in the R-1 District and require an interim use permit based
upon procedures set forth in and regulated by of this Title. Additional specific
standards and criteria may be cited below for respective uses.
1. Farmers Market as regulated by of this Title.
11-9A-6: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the R-1 District by conditional
administrative permit as may be issued by the Zoning Administrator.
Accessory buildings and structures requiring a conditional administrative permit as
provided in section 11-3-3 of this Title.
2. Communication / Cellular antenna as regulated by 11-4-7 of this Title.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
4. Essential services and structures, provided that no building shall be located within 50 feet
of any lot line abutting an R district.
11-9A-7: DEVELOPMENT STANDARDS:
The following minimum requirements shall be observed, subject to the additional requirements,
exceptions and modifications set forth in this title:
Lot area
3 acres
Lot width
180 feet
Front yard
30 feet
Rear yard
50 feet
Side yard
25 feet
Side yard, attached garage
20 feet
Maximum structure height
30 feet
Maximum impervious lot coverage
25 percent
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11-9B-1: PURPOSE:
The R-2 residential estate district is intended to represent areas well suited to high value housing
of very low densities. These areas will provide a permanent, semirural lifestyle on land for which
this is considered the highest and best use. Since these areas will be planned to exist without
public sewer and water systems, only areas with soils and topography suitable for on -site utilities
will be considered for this district.
11-9B-2: PERMITTED USES:
The following are permitted uses in the R-2 District:
1. One single-family detached dwelling.
2. Agriculture and agricultural related buildings on lots greater than 5 acres.
3. Structures and essential services for local, county, state, or federal government or public
utility purposes, except those requiring administrative permits or conditional use permits
pursuant to of this Title.
4. Public Parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
5. Small wireless facilities located in the public right-of-way.
6. A state licensed residential facility serving 6 or fewer persons, a licensed day care facility
serving 12 or fewer persons, and a group family day care facility licensed under Minnesota
Rules, parts 9502.3015 to 9502.0445 to serve 14 or fewer children, except a residential
facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
violation of criminal statutes relating to sex offenses shall not be permitted pursuant to
Minnesota Statute 462.357, subd. 7 as amended.
11-9B-3: PERMITTED ACCESSORY USES:
The following are permitted accessory uses in the R-2 District:
1. Accessory buildings and structures as regulated by 11-3-3 of this Title.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Section.
3. Accessory apartments, as regulated by 11-4-_ of this Title.
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4. Home occupations as regulated by 11-4-_ of this Title.
5. Keeping of animals as regulated by 11-3-7 of this Title and City Code Title 5, Chapter 4,
as applicable.
6. Signs, as regulated by the City.
11-9B-4: CONDITIONAL USES:
The following are conditional uses allowed in the R-2 District and require a conditional use permit
based upon procedures set forth in and regulated by 11-2-9 of this Title. Additional specific
standards and criteria may be cited below for respective conditional uses. No structure or land
shall be used for one or more of the following uses except by conditional use permit:
1. Accessory buildings and structures requiring a conditional use permit as provided in
section 11-3-3 of this Title.
2. Telecommunication tower, as regulated by 11-4-7 of this Title.
3. Licensed home -based daycare facilities serving 13 to 16 persons.
4. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
5. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within 50
feet of any lot line abutting an R district.
6. Commercial horse stables, dog kennels, boarding stables and similar uses on parcels of
10 acres or more, which shall not be located within 300 feet of a dwelling other than the
dwelling on the property in question.
7. Small cell wireless facilities as regulated in 11-4-7 of this Title.
8. Golf courses and country clubs, which may include a restaurant, on -sale liquor license,
assembly, and accessory retailing; tennis clubs, and swimming pools serving more than
1 family. The principal structure for any of the above listed uses shall be 100 feet or more
from any abutting lot in an R district, and accessory structures shall be a minimum of 50
feet from any lot line.
9. Home occupations as regulated by 11-4-_ of this Title.
10. Limited commercial ventures conducted at "historic properties" as regulated in
of this Title.
11-9B-5: INTERIM USES:
The following are interim uses allowed in the R-2 District and require an interim use permit based
upon procedures set forth in and regulated by of this Title. Additional specific
standards and criteria may be cited below for respective uses.
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1. Farmers Market as regulated by of this Title.
11-91136: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the R-2 District by conditional
administrative permit as may be issued by the Zoning Administrator.
1. Accessory buildings and structures requiring a conditional administrative permit as
provided in section 11-3-3 of this Title.
2. Communication / Cellular antennas as regulated by 11-4-7 of this Title.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
4. Essential services and structures, provided that no building shall be located within 50 feet
of any lot line abutting an R district.
11-9113-7: DEVELOPMENT STANDARDS:
The following minimum requirements shall be observed, subject to the additional requirements,
exceptions and modifications set forth in this title:
Lot area
1 and 1/2 acres
Lot width
100 feet
Front yard
30 feet
Rear yard
50 feet
Side yard
25 feet
Side yard, garage
20 feet
Maximum structure height
30 feet
11-9C-1: PURPOSE:
The R-3 single-family residential district is intended to preserve the character of existing single-
family neighborhoods and provide for additional development of single-family detached residential
neighborhoods.
11-9C-2: PERMITTED USES:
The following uses are permitted in the R-3 residential district:
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1. Single-family detached dwellings.
2. Structures and essential services for local, county, state, or federal government or public
utility purposes, except those requiring administrative permits or conditional use permits
pursuant to of this Title, provided, that no building shall be located within 50
feet of any lot line.
3. Public Parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
4. Small cell wireless facilities located in the public right-of-way.
5. A state licensed residential facility serving 6 or fewer persons, a licensed day care facility
serving 12 or fewer persons, and a group family day care facility licensed under Minnesota
Rules, parts 9502.3015 to 9502.0445 to serve 14 or fewer children, except a residential
facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
violation of criminal statutes relating to sex offenses shall not be permitted pursuant to
Minnesota Statute 462.357, subd. 7 as amended.
11-9C-3: PERMITTED ACCESSORY USES:
The following uses are permitted accessory uses in the R-3 residential district:
1. Accessory buildings and structures as regulated by 11-3-3 of this Title.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Accessory apartments, as regulated by 11-4-_ of this Title.
4. Home occupations as regulated by 11-4-_ of this Title.
5. Keeping of animals as regulated by 11-3-7 of this Title and City Code Title 5, Chapter 4,
as applicable.
6. Signs, as regulated by the City.
7. Private swimming pools, recreational courts and play apparatus intended for and used by
the occupants of the property on which they are located.
8. Buildings or trailers for purposes of construction or sales on the premises for a period of
time not to exceed construction.
11-9C-4: CONDITIONAL USES:
The following are conditional uses allowed in the R-3 District and require a conditional use permit
based upon procedures set forth in and regulated by 11-2-9 of this Title. Additional specific
standards and criteria may be cited below for respective conditional uses. No structure or land
shall be used for one or more of the following uses except by conditional use permit:
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Accessory buildings and structures requiring a conditional use permit as provided in
section 11-3-3 of this Title.
2. Telecommunication towers, as regulated by 11-4-7 of this Title.
3. Licensed home -based daycare facilities serving 13 to 16 persons.
4. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
5. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within 50
feet of any lot line abutting an R district.
6. Places of worship and religious institutions.
7. Cemeteries.
8. Small cell wireless facilities as regulated in 11-4-7 of this Title.
9. Golf courses and country clubs, which may include a restaurant, on -sale liquor license,
assembly, and accessory retailing; tennis clubs, and swimming pools serving more than
1 family. The principal structure for any of the above listed uses shall be 100 feet or more
from any abutting lot in an R district, and accessory structures shall be a minimum of 50
feet from any lot line.
10. Home occupations as regulated by 11-4-_ of this Title.
11. Limited commercial ventures conducted at "historic properties" as regulated in
of this Title.
11-9C-5: INTERIM USES:
The following are interim uses allowed in the R-2 District and require an interim use permit based
upon procedures set forth in and regulated by of this Title. Additional specific
standards and criteria may be cited below for respective uses.
1. Farmers Market as regulated by of this Title.
11-9C-6: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the R-3 District by conditional
administrative permit as may be issued by the Zoning Administrator.
1. Accessory buildings and structures requiring an administrative permit as provided in
section 11-3-3 of this Title.
0
2. Communication / Cellular antennas as regulated by 11-4-7 of this Title.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
4. Essential services and structures, provided that no building shall be located within 50 feet
of any lot line abutting an R district.
5. Buildings or trailers for purposes of construction or sales on the premises for a period of
time not to exceed construction.
6. Farmers' market, as regulated by 11-8A-3 of this Title.
11-9C-7: DEVELOPMENT STANDARDS:
1. Minimum Requirements: The following minimum requirements shall be observed, subject
to the additional requirements, exceptions and modifications set forth in this title:
Lot length
130 feet
Lot width
65 feet
Front yard
25 feet
Rear yard
35 feet
Side yard
7.5 feet
Side yard, garage
5 feet
Maximum structure height
35 feet
Maximum impervious surface
35%
11-9D-1: PURPOSE:
The purpose of the R-4 District is to provide transitional areas that will allow a mixing of two-family
dwellings and/or single-family dwellings on smaller lots where property is adjacent to arterial
streets and/or where property is adjacent to higher intensity development. Directly related,
complementary uses are also appropriate. A full range of public services and facilities shall be
available to R-4 areas.
11-9D-2: PERMITTED USES:
The following uses are permitted in the R-4 residential district:
1. Single-family detached dwellings.
2. Multi -family dwellings.
9
3. Structures and essential services for local, county, state, or federal government or public
utility purposes, except those requiring administrative permits or conditional use permits
pursuant to of this Title, provided, that no building shall be located within 50
feet of any lot line.
4. A state licensed residential facility serving 6 or fewer persons, a licensed day care facility
serving 12 or fewer persons, and a group family day care facility licensed under Minnesota
Rules, parts 9502.3015 to 9502.0445 to serve 14 or fewer children, except a residential
facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
violation of criminal statutes relating to sex offenses shall not be permitted pursuant to
Minnesota Statute 462.357, subd. 7 as amended.
5. Public Parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
6. Small cell wireless facilities located in the public right-of-way.
11-9D-3: PERMITTED ACCESSORY USES:
The following uses are permitted accessory uses in the R-4 residential district:
1. Accessory buildings and structures as regulated by 11-3-3 of this Title.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Accessory apartments, as regulated by 11-4-_ of this Title.
4. Home occupations as regulated by 11-4-_ of this Title.
5. Daycare facility licensed under Minnesota rules, parts 9502.0315 to 9502.0445, serving
14 or fewer children.
6. Keeping of animals as regulated by 11-3-7 of this Title and City Code Title 5, Chapter 4,
as applicable.
7. Signs, as regulated by the City.
8. Buildings or trailers for purposes of construction or sales on the premises for a period of
time not to exceed construction.
9. Private swimming pools, recreational courts and play apparatus intended for and used by
the occupants of the property on which they are located.
11-9D-4: CONDITIONAL USES:
The following are conditional uses allowed in the R-4 District and require a conditional use permit
based upon procedures set forth in and regulated by 11-2-9 of this Title. Additional specific
10
standards and criteria may be cited below for respective conditional uses. No structure or land
shall be used for one or more of the following uses except by conditional use permit:
1. Accessory buildings and structures requiring a conditional use permit as provided in
section 11-3-3 of this Title.
2. Antennas not located upon an existing structure or existing tower, as regulated by 11-4-7
of this Title.
3. State licensed residential facility serving 7 to 16 persons or a licensed day care facility
serving 13 to 16 persons.
4. Licensed group daycare/nursery school in a religious institution, community center, or
academic institution.
5. Educational facilities including but not limited to, public and private elementary, middle,
junior high, and senior high schools, provided that no building shall be located within 50
feet of any lot line abutting an R district.
6. Cemeteries.
7. Places of worship and religious institutions.
8. Essential services requiring a conditional use permit pursuant to 11-2-9 of this Title.
9. Home occupations as regulated by 11-4-_ of this Title.
10. Limited commercial ventures conducted at "historic properties" as regulated in
of this Title.
11-9D-5: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the R-4 District by conditional
administrative permit as may be issued by the Zoning Administrator.
1. Accessory buildings and structures requiring an administrative permit as provided in
section 11-3-3 of this Title.
2. Communication / Cellular antenna as regulated by 11-4-7 of this Title.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
4. Essential services and structures, provided that no building shall be located within 50 feet
of any lot line abutting an R district.
11-9D-6: DEVELOPMENT STANDARDS:
11
1. Single -Family Detached Dwellings: The following minimum requirements shall be
observed, subject to the additional requirements, exceptions and modifications as set forth
in this Title:
Lot width
55 feet
Lot Depth
120 feet
Front yard
25 feet
Rear yard
30 feet
Side yard
7.5 feet
Side yard, garage
5 feet
Maximum structure height
35 feet
Maximum impervious surface
40%
2. Attached Dwellings: Exceptions to rigid lot width requirements shall be granted for
attached units subject to approval of a site plan pursuant to 11-2-4 of this Title in
compliance with the development standards of this District. The following minimum
requirements shall be observed, subject to the additional requirements, exceptions and
modifications as set forth in this Title:
Setbacks between buildings
15 feet between dwelling structures, 10 feet for
residential garages
Setbacks from other districts
25 feet abutting R-1, R-2, R-2.5, and R-3 districts
Parking
2 paved off-street parking spaces per dwelling unit
Maximum site coverage
40% total impervious
11-9E-1: PURPOSE:
The purpose of the R-5 District is to promote the development of higher density, primarily attached
housing and directed related, complementary uses. Densities will help the City meet its multiple
family density goals. A full range of public services and facilities shall be available to R-5 areas.
11-9E-2: PERMITTED USES:
The following uses are permitted in the R-5 residential district:
1. Multi -family dwellings.
2. Structures and essential services for local, county, state, or federal government or public
utility purposes, except those requiring administrative permits or conditional use permits
pursuant to of this Title, provided, that no building shall be located within 50
feet of any lot line.
3. Public parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
12
4. Small cell wireless facilities located in the public right-of-way.
5. Memory care facilities and/or nursing homes.
6. Hospitals for human care; provided, that all structures except fences shall be located 100
feet or more from the lot line.
11-9E-3: PERMITTED ACCESSORY USES:
The following uses are permitted accessory uses in the R-5 residential district:
1. Accessory buildings and structures as regulated by 11-3-3 of this Title.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Accessory apartments, as regulated by 11-4-_ of this Title.
4. Home occupations as regulated by 11-4-_ of this Title.
5. Signs, as regulated by the City.
6. Buildings or trailers for purposes of construction or sales on the premises for a period of
time not to exceed construction.
7. Private swimming pools, recreational courts and play apparatus intended for and used by
the occupants of the property on which they are located and maintained by the
community's homeowners association.
11-9E-4: CONDITIONAL USES:
The following are conditional uses allowed in the R-5 District and require a conditional use permit
based upon procedures set forth in and regulated by 11-2-9 of this Title. Additional specific
standards and criteria may be cited below for respective conditional uses. No structure or land
shall be used for one or more of the following uses except by conditional use permit:
1. Accessory buildings and structures requiring a conditional use permit as provided in
section 11-3-3 of this Title.
2. Antennas not located upon an existing structure or existing tower, as regulated by 11-4-7
of this Title.
3. State licensed residential facility serving 7 to 16 persons or a licensed day care facility
serving 13 to 16 persons.
4. Places of worship and religious institutions.
5. Residential shelters.
13
6. Essential services requiring a conditional use permit pursuant to 11-2-9 of this Title.
7. Home occupations as regulated by 11-4-_ of this Title.
11-9E-5: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the R-5 District by conditional
administrative permit as may be issued by the Zoning Administrator.
1. Accessory buildings and structures requiring an administrative permit as provided in
section 11-3-3 of this Title.
2. Communication / Cellular antennas as regulated by 11-4-7 of this Title.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
4. Essential services and structures, provided that no building shall be located within 50 feet
of any lot line abutting an R district.
11-9E-6: DEVELOPMENT STANDARDS:
The following minimum requirements shall be observed, subject to the additional requirements,
exceptions and modifications as set forth in this Title:
Setbacks between buildings
10 feet
Setbacks from other districts
30 feet abutting R-1, R-2, R-2.5, R-3, and R-4 districts
Parking
2 paved off-street parking spaces per dwelling unit
Maximum site coverage
40% total impervious
11-9F-1: PURPOSE:
The purpose of the R-6 District is to provide for high -density, apartment -style, rental and
condominium housing and directly related complementary uses. A full range of public services
and facilities shall be available to R-6 areas.
11-9F-2: PERMITTED USES:
The following uses are permitted in the R-6 residential district:
1. Multi -family dwellings including apartments and condominiums.
2. Structures and essential services for local, county, state, or federal government or public
utility purposes, except those requiring administrative permits or conditional use permits
14
pursuant to of this Title, provided, that no building shall be located within 50
feet of any lot line.
3. Public parks, trails, scientific areas, playgrounds, and directly related buildings and
structures.
4. Small cell wireless facilities located in the public right-of-way.
5. Memory care facilities and/or nursing homes.
6. Hospitals for human care; provided, that all structures except fences shall be located 100
feet or more from the lot line.
11-9F-3: PERMITTED ACCESSORY USES:
The following uses are permitted accessory uses in the R-6 residential district:
1. Accessory buildings and structures as regulated by 11-3-3 of this Title.
2. Accessory uses incidental and customary to the uses listed as permitted, conditional,
interim, and uses by administrative permit in this Title.
3. Home occupations as regulated by 11-4-_ of this Title.
4. Signs, as regulated by the City.
8. Buildings or trailers for purposes of construction or sales on the premises for a period of
time not to exceed construction.
9. Private swimming pools, recreational courts and play apparatus intended for and used by
the occupants of the property on which they are located and maintained by the
community's homeowners association.
11-9F-4: CONDITIONAL USES:
The following are conditional uses allowed in the R-6 District and require a conditional use permit
based upon procedures set forth in and regulated by 11-2-9 of this Title. Additional specific
standards and criteria may be cited below for respective conditional uses. No structure or land
shall be used for one or more of the following uses except by conditional use permit:
1. Antennas not located upon an existing structure or existing tower, as regulated by 11-4-7
of this Title.
2. State licensed residential facility serving 7 to 16 persons or a licensed day care facility
serving 13 to 16 persons.
3. Places of worship and religious institutions.
4. Residential shelters.
15
5. Small cell wireless facilities as regulated in 11-4-7 of this Title.
6. Essential services requiring a conditional use permit pursuant to 11-2-9 of this Title.
7. Home occupations as regulated by 11-4-_ of this Title.
8. Hospitals for human care, hospices, and nursing homes; provided, that all structures
except fences shall be located 100 feet or more from the lot line.
11-9G-5: ADMINISTRATIVE CONDITIONAL USES:
Subject to application provisions of this Chapter, performance and processing standards
established by this Title, the following are uses allowed in the R-5 District by conditional
administrative permit as may be issued by the Zoning Administrator.
1. Accessory buildings and structures requiring an administrative permit as provided in
section 11-3-3 of this Title.
2. Communication / Cellular towers as regulated by 11-4-7 of this Title.
3. Public utility and public service structures, including electrical transmission lines and
substations, gas regulator stations, communications equipment buildings, pumping
stations or reservoirs.
4. Essential services and structures, provided that no building shall be located within 50 feet
of any lot line abutting an R district.
11-9G-6: DEVELOPMENT STANDARDS:
The following minimum requirements shall be observed, subject to the additional requirements,
exceptions and modifications as set forth in this Title, however exceptions to rigid lot area, width
and depth requirements shall be granted for attached units subject to approval of a site plan
pursuant to 11-2-4 of this Title in compliance with the development standards of this District.
Front yard
15 feet
Rear yard
15 feet
Side yard
15 feet
Maximum structure height
55 feet
Setbacks between buildings
15 feet
Setbacks from other districts
30 feet abutting R-1, R-2, R-2.5, R-3, R-4, and R-5 districts
Parking
2 paved off-street parking spaces per dwelling unit
Maximum site coverage
50% total impervious
16
CHAPTER
BUSINESS DISTRICTS
11-10A-1: LIMITED BUSINESS DISTRICT, B-1:
The limited business district (B-1) is intended to provide a buffer district to adjoining residential
districts for administrative office buildings and related office uses which are subject to more
restrictive controls than the General Business District (B-3).
11-10A-2: RETAIL BUSINESS DISTRICT, B-2:
The retail business district (B-2) is to encourage retail sales and services while minimizing the
negative impact to the surrounding residential neighborhoods.
11-10A-3: GENERAL BUSINESS DISTRICT, B-3:
The general business district (B-3) is intended to provide centralized areas for retail business
areas and highway or automobile -oriented businesses.
11-10A-4: PLANNED BUSINESS DISTRICT, P-B:
The planned business district (P-B) is intended to provide for the mix of suitable retail,
commercial and industrial uses which are complementary and ancillary to the Cottage Grove
industrial park. The district allows for a blend of manufacturing and retail uses which have
significant customer interaction.
11-10A-5: MIXED -USE BUSINESS DISTRICT, M-U:
The Mixed -Use Business District (M-U) is a commercial district intended to provide flexibility to
allow complementary uses that support one another, including high density residential,
commercial services and retail, employment opportunities, and transit. The district promotes a
walkable, sustainable development pattern while still accommodating the automobile.
11-10B-1: PERMITTED, CONDITIONAL, ACCESSORY, ADMINISTRATIVE AND
INTERIM USES:
A. Purpose: The use table as provided in this section depicts the classification of land uses
within zoning districts.
B. Table Key: The following labeling applies to the table in this section:
1. Uses Defined: Uses not defined in this Chapter are subject to standard dictionary
definitions.
2. Permitted Uses: Uses identified in the zoning district column with the letter "P"
are allowed as permitted uses, primary or accessory, in the respective zoning
district.
3. Conditional Uses: Uses identified in the zoning district column with the letter "C"
are allowed as conditional uses, primary or accessory, in the respective zoning
district. Conditional uses must obtain a conditional use permit prior to
commencing.
4. Administrative Conditional Uses: Uses identified in the zoning district column with
the letters "AC" are allowed as administrative conditional uses, primary or
accessory, in the respective zoning district. Administrative conditional uses must
obtain an administrative conditional use permit prior to commencing.
5. Interim Uses: Uses identified in the zoning district column with the letter "I" are
allowed as interim uses, primary or accessory, in the respective zoning district.
Interim uses must obtain an interim conditional use permit prior to
commencement.
6. Accessory Uses: Uses identified in the zoning district column with the letter "A"
are allowed as accessory uses in the respective zoning district.
7. Prohibited Uses: Uses not associated with a letter in the zoning district column
are prohibited uses in the respective zoning district.
8. Standards: For ease of reference, uses for which specific standards apply
include a reference to the applicable code section.
C. Use Table:
USE TYPE
B-1
B-2
B-3
P-B
U
Reference
Accessory uses or retail sales which are customarily incidental
A
A
A
A
A
and clearly subordinate to the primary use
Adult uses
P
Apartments / condominiums
C
Automated car wash as an accessory use
A
A
A
A
A
Automobile car wash (drive- through, mechanical and self-
C
C
C
C
service)
Automobile Repair —Major
C
Automobile Repair —Minor
C
C
C
Automotive, motorcycle, trailer, recreation vehicles, boats
C
C
and/or farm implement establishments for display, hire,
service, rental and/or sales conducted outside a building,
provided servicing is conducted within a building.
USE TYPE
B-1
B-2
B-3
P-B
U
Reference
Banks and other financial institutions with a drive -up window
C
C
C
C
C
Banks and other financial institutions without drive -up
P
P
P
P
P
Blacktop or crushing materials for roadway materials
I
I
I
I
Electric Car Charging Station
AC
AC
AC
AC
AC
Catering establishment
P
P
P
Cellular Antennas (attached to structures)
AC
AC
AC
AC
Commercial Recreation —Indoor
P
P
P
P
Commercial Recreation - Outdoor
C
C
Community Center
C
C
C
Dance and/or music studios
P
P
P
P
P
Daycare
C
C
C
C
Donation Drop Boxes
AC
AC
AC
AC
Construction trades sales and service shops; with storage of
equipment, supplies or materials inside a building
P
P
Equipment rental, inside a building (no outdoor display)
P
P
P
P
Equipment rental with outside storage
C
C
Essential service structures, including, but not limited to,
buildings such as telephone stations, booster or pressure
stations, elevated tanks, lift stations and electric power
substations
AC
AC
AC
AC
AC
Farmers' market
I
I
I
I
I
Funeral homes
P
P
P
P
Furniture and upholstery repair refinish shops
P
P
Gas stations
C
1C
I C
C
C
Garden Centers and nurseries
C
C
Hotel, motel
C
C
C
C
Manufacturing, compounding, assembly, and packaging inside
a building
P
Movie theater
P
P
P
P
Municipal and government buildings and structures, including
police, fire, library, public works garages
C
C
C
C
C
Medical and/or dental clinics, hospitals
P
P
P
P
P
Nursing homes, memory care, or retirement homes
C
C
C
C
Off street parking, storage garage, parking decks, parking
ramps and buildings and loading areas when incidental and
subordinate to any permitted use
A
A
A
A
A
USE TYPE
B-1
B-2
B-3
P-B
U
Reference
Offices for administrative, executive, or professional services
P
P
P
P
P
Outdoor seating or dining
C
A
A
A
A
Outdoor temporary/seasonal sales
I
I
I
I
Park and ride facilities
C
Pawnshop
C
Personal Services (nail, massage, hair, tanning, etc)
P
P
P
P
P
Public parks
P
P
P
P
P
Public, parochial and private schools, trade and business
schools, colleges and universities
C
C
C
C
C
Research and development including laboratories (i.e. medical,
software, communications, scientific, etc.)
P
P
P
P
P
Restaurants, excluding a drive -up window
P
P
P
P
P
Restaurants, with drive -up window
C
C
C
C
Restaurants with on -sale liquor
P
P
P
P
P
Retail uses
P
P
P
P
Self -storage facility
C
Showroom warehouse
P
Signs
A
A
A
A
A
Stockpiling of materials incidental to construction activities
I
I
I
I
Tattoo and body piercing
P
P
P
P
Tax exempt lodges and clubs; provided, they are more than 75
feet from a residential district
C
C
C
Temporary buildings for construction purposes for a period
not to exceed the completion date of such construction
AC
AC
AC
AC
AC
Pet related care including dog daycare, boarding, veterinary
clinics and grooming with outdoor use.
C
C
Pet related care including veterinary clinics with no outdoor
use.
P
P
P
P
Wholesale businesses
P
P
P
P
11-10C-1: MINIMUM AND MAXIMUM DISTRICT REQUIREMENTS:
A. Standards To Be Observed: The minimum and maximum development standards for
each zoning district shown in the development standards table shall be observed.
B. Development Standards Table:
Development Standards
B-1
B-2
B-3
P-B
M-U
Minimum lot width
100 ft.
100 ft.
100 ft.
100 ft.
100 ft.
Maximum building height
35 ft.
35 ft.
40 ft
50 ft.
50 ft.
Minimum front yard
30 ft.
30 ft.
10 ft.
10 ft.
10 ft.
Minimum side yard, interior
lot line
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
Corner Lot setback on front
and side yard
30 ft.
30 ft.
20ft.
20 ft.
20 ft.
Minimum side yard line
adjacent to a street
30 ft.
30 ft.
10 ft.
10 ft.
10 ft.
Minimum rear yard
35 ft.
35 ft.
10 ft.
10 ft.
10 ft.
Minimum rear yard, abutting
a residential district
50 ft.
50 ft.
50 ft.
50 ft.
50 ft.
Minimum rear yard, abutting
a railroad track right of way
10 ft.
10 ft.
10 ft.
10 ft.
Maximum Impervious
coverage
70%
70%
70%
70%
70%
CHAPTER 11
` INDUSTRIAL DISTRICTS
11-11-1: PURPOSE STATEMENTS:
A. I-1 General Industrial District: The I-1 general industrial district is intended to provide a
district which is appropriate for manufacturing, compounding, processing, packaging or
treatment of products, excluding hide or animal processing. Property zoned I-1 will be located
within the metropolitan urban service area (MUSA) and served by public utility systems.
C. I-2 Heavy Industrial District: The I-2 heavy industrial district is to provide areas suitable
for industrial uses which are more intense than the I-1 district, however will not allow hide or
animal processing, and may have greater impact to noncommercial land uses. Property zoned 1-2
will be located inside the metropolitan urban service area.
D. I-3 Commercial Excavation District: The I-3 commercial excavation district is to provide
for the excavation of sand, gravel and other mineral deposits or materials for the current future,
recognizing that the areas will be rezoned after excavation is complete. Property zoned I-3 will
be located outside the metropolitan urban service area.
11-11-2: PERMITTED, CONDITIONAL, ACCESSORY, ADMINISTRATIVE AND
INTERIM USES:
A. Purpose: The use table as provided in this section depicts the classification of land
uses within zoning districts.
B. Table Key: The following labeling applies to the table in this section:
1. Uses Defined: Uses not defined in this Chapter are subject to standard dictionary
definitions.
2. Permitted Uses: Uses identified in the zoning district column with the letter "P"
are allowed as permitted uses, primary or accessory, in the respective zoning
district.
3. Conditional Uses: Uses identified in the zoning district column with the letter "C"
are allowed as conditional uses, primary or accessory, in the respective zoning
district. Conditional uses must obtain a conditional use permit prior to
commencing.
4. Administrative Conditional Uses: Uses identified in the zoning district column
with the letters "AC" are allowed as administrative conditional uses, primary or
accessory, in the respective zoning district. Administrative conditional uses must
obtain an administrative conditional use permit prior to commencing.
5. Interim Uses: Uses identified in the zoning district column with the letter "I" are
allowed as interim uses, primary or accessory, in the respective zoning district.
Interim uses must obtain an interim conditional use permit prior to
commencement.
6. Accessory Uses: Uses identified in the zoning district column with the letter "A"
are allowed as accessory uses in the respective zoning district.
7. Prohibited Uses: Uses not associated with a letter in the zoning district column are
prohibited uses in the respective zoning district.
8. Standards: For ease of reference, uses for which specific standards apply include a
reference to the applicable code section.
C. Use Table:
USE TYPE
I-1
I-2
I-3
Agricultural
P
P
P
Automobile repair, painting, body work (inside the principal structure)
P
P
Brewery/Distillery/Restaurant
C
P
Buildings temporarily located for purposes of construction for the
construction period only
AC
AC
AC
Cafeteria
A
A
Cleaning and Maintenance services including but not limited to carpet,
laundry, furniture, upholstery, appliances, etc.)
C
Commercial production greenhouses
C
C
Construction trades
P
P
Data Center
C
C
Essential services and buildings
P
P
P
Gas Station
C
C
Gun and/or archery ranges (inside a structure)
P
P
Gun and/or archery ranges (outdoors)
C
Indoor automotive sales no exterior storage
P
P
Indoor Recreational Facilities
P
Laboratories, research and development facilities
P
P
Machine shops
P
P
Manufacturing within an enclosed building (assembly & packaging)
P
P
Medical cannabis manufacturing
C
C
Mining and excavation
C
Municipal and government buildings
P
P
P
Offices
P
P
Off street parking, storage garages and buildings and loading areas
A
A
Outdoor parking of trucks and commercial vehicles
A
A
A
Outdoor screen storage incidental to principal use: up to 5,000 sq ft (P), over
5,000 sq ft
P/C
P/C
P/C
Packaging/processing food products
C
C
Parcel delivery services
P
P
Pharmaceutical/Medical device Manufacturing
C
P
Power plants
C
Public enclosed rental storages or garages
C
C
Sale Showrooms
P
Signs
A
A
A
Storage of crude oil, refined oil, alcohol and other liquids in outdoor
aboveground storage tanks, incidental to the principal use and not for sale
A
A
A
Storage (inside the principal structure)
P
P
Truck, service and maintenance stations (inside the principal structure)
C
C
Veterinarian clinics (inside the principal structure) (P) with outdoor run (C)
P/C
Vocation/technical schools
P
P
Warehouses and distribution facilities
P
P
Wastewater treatment facilities
C
11-11-3: DEVELOPMENT STANDARDS:
The following table of minimum lot area, yard and bulk requirements shall be observed:
Standard
I-1
I-2
I-3
Lot width
175 feet
200 feet
200 feet
Front yard setback
35 feet
50 feet
100 feet
Side yard setback abutting an R district
100 feet
150 feet
200 feet
Side yard setback adjacent to a street
40 feet
40 feet
125 feet
Rear yard setback
60 feet
60 feet
100 feet
Rear yard setback abutting an R district
100 feet
150 feet
200 feet
Building height
55 feet
60 feet
60 feet
Note: No minimum lot width is required for essential public services.
CHAPTER 13
CD CONSERVANCY DISTRICT
11-13-1: PURPOSE:
The purpose of this District is to establish provisions for areas containing valuable
environmental qualities which, in order to conserve the City's natural resources, preserve the
amenities of its environment, prevent the overcrowding of land, avoid undue concentration of
population and alleviate severe flooding problems, have been determined to best be retained in
substantially an undeveloped state.
11-13-2: LANDS DESIGNATED:
Private Property: Property in private ownership, consisting of 10 acres or more, that meets the
requirements, may also be designated for the Conservancy District, but only upon acceptance
of a petition from the property owner.
11-13-3: INTERPRETATION OF DISTRICT BOUNDARIES:
When uncertainty exists as to the Conservancy District boundaries, the following rules shall
apply:
A. District boundaries along a stream are intended to represent the high water line of a
regional flood; provided, however, that along a stream, such line shall not be less than fifty feet
(50') from the center of such stream.
B. District boundaries in a wetland area are intended to represent the edge of a swamp,
marsh or other wetland area. The edge shall be defined as the mark delineating the highest
water level which has been maintained for a sufficient period of time to leave evidence upon the
landscape. The edge is commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial.
C. District boundaries in a public park or common open space are intended to represent the
property lines of such area.
11-13-4: PETITION REQUIREMENTS:
Before any property in private ownership shall be accepted for inclusion in the Conservancy
District, the petitioner shall provide the following:
A. A survey of the property and a legal description of the property. Such survey shall be
prepared by a registered land surveyor.
B. A topographic map with contour lines designated at an interval of five feet (5') or less.
C. A site plan indicating the location of all trees of fifteen inches (15") in diameter or more, as
well as other environmentally significant features.
D. An agreement, acceptable to the City Council, which specifies the length of time such
petitioner wishes to have his/her property remain in the Conservancy District. Under no
circumstances shall the time period be less than five (5) years.
11-13-5: PERMITTED USES:
The following uses are permitted as a right in the Conservancy District:
1. Agricultural uses
2. Conservation uses, including drainage control, forestry, wildlife sanctuaries and facilities
for making such uses available and useful to the public.
3. Nature study areas and arboretums.
4. Open space areas connected with residential, commercial and industrial planned unit
developments.
5. Outdoor recreational uses operated by a governmental agency or conservation group,
homeowners' or private associations and facilities for making such uses useful to the public or
to associations.
11-13-6: SPECIAL USES:
If, through good site and engineering designs, a development can be created which is
compatible and harmonious with the natural amenities of the Conservancy District area and with
surrounding land uses, a request for a special use permit for such development may be
submitted. Such requests shall be accompanied by an overall plan of the entire area showing
roads, parking areas, lot lines, easements, the location of tree cover, including the designation
of individual trees of fifteen inches (15") in diameter or more, the location of other natural and
biological features, such as wetlands and areas of valuable wildlife habitat, the locations of
proposed structures, existing contours and proposed grading, drainage, utilities and landscaping
in such detail as the Director of Community Development and City Engineer shall require before
they may be reviewed by the Planning Commission. The approval of such a request by the City
Council shall require a finding that:
A. The development will not detrimentally affect or destroy natural features, such as ponds,
streams, wetlands and forested areas, but will preserve and incorporate such features into the
development's site design.
B. The location of natural features and the site's topography have been considered in the
designing and siting of all physical improvements.
C. Adequate assurances have been received that the clearing of the site topsoil, trees and
other natural features before the commencement of building operations will not occur. Only
those areas approved for placement of physical improvements may be cleared.
D. The development will not substantially reduce the natural retention storage capacity of
any watercourse, thereby increasing the magnitude and column of flood at other locations.
E. The soil and subsoil conditions are suitable for excavation and site preparation, and the
drainage is designed to prevent erosion and environmentally deleterious surface runoff.
F. The development will be free from offensive noise, vibration, smoke, dust and other
particulate matter, odorous matter, fumes, water pollution and other objectionable influences.
G. The petitioner will be substantially damaged by being required to place the intended
development outside the CD District.
11-13-7: DEVELOPMENT STANDARDS:
The following standards for development of land located within the Conservancy District are
required. They are not meant to abridge or otherwise alter any regulations promulgated by the
State Department of Natural Resources or watershed district authority:
A. Minimum Lot Area: Unless intended for a permitted use, the minimum lot area for a
development shall be five (5) acres.
B. Lot Coverage: No more than ten percent (10%) of the lot area located in a CD District
shall be occupied by structures, parking facilities and roadways.
C. Location In Floodprone Areas: Areas of Conservancy Districts which are located in a flood
plain or floodway shall be additionally subject to the provisions of the Floodway and Flood Plain
District.
rCHAPTER 14
PUD PLANNED UNIT DEVELOPMENT OVERLAY
11-14-1: PURPOSE:
The purpose of the Planned Unit Development (PUD) Overlay is to provide an overlay district
that will encourage the following:
A. Flexibility in land development and redevelopment without the use of the variance
process, in order to utilize new techniques of building design, construction and land
development, rather than the city establishing rigid maximum limits within which developers
must perform;
B. Provision of lifecycle housing to all income and age groups;
C. Energy conservation through the use of more efficient building designs and siting and the
clustering of buildings and land uses;
D. Protect and preserve valuable natural resources and amenities to ensure a higher quality
of environmental conservation;
E. More efficient and effective use of land, open space and public facilities through mixing of
land uses and assembly and development of land into larger parcels;
F. High quality of design and design compatible with surrounding land uses, including both
existing and planned;
G. Sensitive development in transitional areas located between different land uses and along
significant transportation or scenic corridors within the city; and
H. Development which is consistent with the Comprehensive Plan.
11-14-2: USES:
The provisions of this article apply to any zoning district established by section 11-1-15 "Zoning
Districts Established". Within the PUD, uses are determined by the underlying zoning district
and must be in harmony with the Comprehensive Plan.
11-14-3: APPLICATION REQUIREMENTS:
The following information is required for each PUD application:
A. Location map showing property in relation to the city as a whole and to the city's primary
elements such as streets, schools, parks and shopping areas along with a supporting narrative
description of the applicant's interest in the property in question;
B. A legal description of the property including approximate total acreage;
C. A full set of civil plans for the proposed development, including the following elements:
location of structures; vehicular and pedestrian circulation facilities; parking facilities; housing
densities; open space disposition; grading; building elevations; public utilities including water,
sanitary sewer, and storm water lines and facilities; landscaping plan; lighting plan including
photometrics; and a surface water plan;
D. Grading in plan in conformance with the requirements of section 11-6-12;
E. Architectural plans for all structures including colored elevation drawings;
F. Preliminary and final plat, if applicable;
G. Landscape and tree preservations plans as required by sections 11-6-20 and 11-6-6.
11-14-4: APPROVAL PROCESS:
The PUD shall be considered at a public hearing by the Planning Commission pursuant to the
rezoning process in article 11-2-8. The recommendation of the Planning Commission shall be
considered by the City Council. Findings for approval must be established and include the
following:
A. The PUD is consistent with the intent of this chapter;
B. The area surrounding the PUD can be planned and developed in coordination and
substantial compatibility with the proposed PUD;
C. Any variation of flexibility from zoning standards most similar in function to the proposed
PUD must produce results equal to or better than those achieved by the applicable zoning
standard.
D. Other factors related to the project as the Planning Commission and City Council deem
relevant. The Planning Commission and City Council may attach such conditions to their actions
as they determine necessary to accomplish the purposes of this section.
11-14-5: LAPSE OF APPROVAL:
If construction on the property has not been initiated in conformance with the approved PUD
within twelve (12) months of the date of approval of the PUD and no extension of time has been
granted, the PUD shall lapse and become null and void.
11-14-6: AMENDMENTS:
A. Amendments to an approved PUD shall be administered by submitting an application with
the appropriate fees as follows:
B. Minor Amendments: Minor amendments to a PUD are:
1. Size increases to signage approved as part of the PUD;
2. Landscape changes;
3. Parking lot configuration changes (not change in number of spaces);
4. Less than a ten percent (10%) change in floor area in any one (1) structure;
5. Less than a ten percent (10%) change in the approved separation of buildings;
6. Less than five percent (5%) change in the ground area covered by the project;
7. Less than a five percent (5%) change in the number of residential units; or
8. Less than a five percent (5%) change in the number of parking spaces.
C. Major Amendments: Major amendments to a PUD are:
1. Any decrease in the amount of approved open space;
2. More than a ten percent (10%) change in floor area in any one (1) structure;
3. More than a ten percent (10%) change in the approved separation of buildings;
4. Any change in the original approved setbacks from property lines;
5. More than five percent (5%) change in the ground area covered by the project;
6. More than five percent (5%) change in the number of parking spaces; or
7. The introduction of new uses not included in the PUD approval.
D. Review Of Minor Amendments: Proposed minor amendments (as specified in 11-14-4C
above) to a PUD shall be reviewed and decided by the Community Development Director.
Decisions of the Community Development Director may be appealed to the Planning
Commission. The Community Development Director may determine that a proposed "minor"
amendment is a "major" amendment and may refer such proposed amendments to the Planning
Commission and City Council according to the procedure established in 11-14-213.
E. Review Of Major Amendments. Any major amendment to a PUD district shall be
considered by the Planning Commission and City Council pursuant to 11-14-213.
CHAPTER 15
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY
DISTRICT
11-15-1: FINDINGS:
The City finds that the Mississippi River Corridor within the Metropolitan Area and the City is a
unique and valuable local, State, regional and national resource. The river is an essential
element in the local, regional, State and national transportation, sewer and water and
recreational system and serves important biological and ecological functions. The prevention
and mitigation of irreversible damage to this resource and the preservation and enhancement of
its natural, aesthetic, cultural and historic values is in furtherance of the health, safety and
general welfare of the City.
11-15-2: PURPOSE AND INTENT:
It is the purpose and intent of this Chapter to prevent and mitigate irreversible damage to this
unique State, local, regional and national resource to promote orderly development of the
residential, commercial, industrial, recreational and public areas, to preserve and enhance its
values to the public and protect and preserve the system as an essential element in the City's
transportation, sewer and water and recreational systems in accordance with the following
policies:
A. The Mississippi River Corridor shall be managed as a multi- purpose public resource by
continuing use of the river channel for transportation, continuing use of certain areas for fleeting
for river transportation, conserving the scenic, environmental, recreational, mineral, economic,
cultural and historic resources and functions of the river corridor and providing for the
continuation of development of a variety of urban uses within the river corridor.
B. The Mississippi River Corridor shall be managed in a manner consistent with its natural
characteristics and its existing development and in accordance with regional plans for the
development of the Metropolitan Area.
C. The Mississippi River Corridor shall be managed in accordance with the Critical Areas Act
of 1973
11-15-3: CRITICAL AREA OVERLAY DISTRICT ESTABLISHED:
A Critical Area Overlay District with its attendant regulations is hereby established as part of this
Title. This District shall overlay the zoning districts established by this Title so that any parcel of
land lying in the Overlay District shall also lie in one or more of the underlying established
zoning districts. Territory within the Overlay District shall be subject to the requirements
established in the Overlay District in addition to restrictions and requirements established by
other applicable ordinances and regulations of the City. Within the Overlay District, all uses shall
be permitted in accordance with the regulations for the underlying zoning district(s); provided,
that such uses shall not be entitled to or issued the appropriate development permit until they
have first satisfied the additional requirements established in this Chapter.
11-15-4: BOUNDARIES OF DISTRICT:
This Chapter shall apply to the area designated by the Governor's Critical Area Designation
Order dated November 23, 1976, and shown on Figure 3 of the Critical Area Plan.
11-15-5: PERMITTED USES:
The rural open space district classification of the Mississippi River Corridor Critical Area
includes land uses which shall be used and developed to preserve their open, scenic and
natural characteristics and ecological and economic functions. The following land uses shall be
permitted within the boundaries of the River Corridor Overlay District:
1. Agricultural, except new feedlots.
2. Commercial and industrial facilities. Expansion of existing facilities only when they can be
served by existing public or private sewerage, water and transportation facilities, and where the
expansion has been determined to have no impact on regional systems.
3. Essential services, public safety facilities.
4. Mining and extraction, upon approval of either rezoning or conditional use permit,
reclamation plan and conditions of excavation regulations.
5. One -family detached dwellings restricted to areas where on -site wastewater disposal
systems can be utilized.
6. Open space, including park reserves, recreational land and conservancy districts.
7. Transportation and utility facilities.
11-15-6: PERMITTED ACCESSORY USES:
Accessory uses which are incidental to the permitted uses of the property are permitted.
11-15-7: EXISTING STRUCTURES AND USES:
A. Generally: Any existing structure or use of property which is inconsistent with this Chapter
shall not be eligible for any permit granted for expansion, change of use, renewal of existing
permit or building permit, unless the following criteria are met. Residential and agricultural
structures and uses shall be exempt from this provision:
1. The applicant shall provide and maintain adequate screening of the structure from the
water through the use of natural vegetative means.
2. Expansion of existing structures shall be in a direction away from the river front.
3. The public's ability to view the river and river corridor from existing public streets shall
not be further degraded by the proposed activity.
B. Signs:
1. Advertising signs are prohibited between the flood fringe borderline and all County, State
or Federal highways located within one thousand feet (1,000') of the line, except where the river
cannot be viewed from the highway due to natural topography or existing buildings.
2. All advertising signs permitted within the critical area outside the area set forth in
subsection B1 of this Section shall conform with the provisions of the Sign Ordinance or other
appropriate applicable ordinances.
3. Views of the water from vistas and public roads shall not be impaired by the placement
of business or advertising signs.
4. Advertising signs may be located only on the shore side of public transportation routes
which are parallel and adjacent to the river front.
C. Nonconforming Uses And Structures: Any structure or use existing upon the effective date
of this Chapter
11-15-8: DEVELOPMENT STANDARDS:
A. Objectives: The objectives of dimensional standards are to maintain the aesthetic integrity
and natural environment of the Mississippi River Corridor Critical Area. These standards are
designed to protect and enhance the shoreline and bluff areas, as well as provide sufficient
setback for on -site sanitary facilities, to prevent erosion of bluffs, to minimize flood damage and
to prevent pollution of surface and ground water.
B. Lot Density And Size: Density of residential development in areas without sanitary sewer
shall not exceed four (4) dwelling units per quarter/quarter section, is permitted in the AG-2
Agricultural District, except the minimum lot size for a single-family structure shall be at least
three (3) acres, unless the lot is part of a planned cluster development as provided in subsection
H3 of this Section, or unless the lot was approved by the City and such lot was recorded in the
office of the County Register of Deeds prior to April 25, 1975, and meets the criteria of
Section 11-3-2 of this Title.
C. Structure Setbacks: All new structures shall meet the following minimum setbacks:
1. Setback From Bluff Line: No structure shall be constructed less than one hundred feet
(100') landward from the bluff line of the river.
2. Setback From Normal High Water Mark: No structure or road shall be constructed less
than one hundred feet (100') from the normal high water mark of any water body.
3. Exceptions: Exceptions to the setback provisions shall be:
a. Public safety facilities, public bridges and their roadway approaches, railroad sidings,
public and private roadways serving water -related uses on the river front.
b. Public recreation facilities, scenic overlooks, public observation platforms and the
regional trail system, docks, and boat launching facilities.
c. Approved river crossings of essential services distribution systems which are primarily
underground except for terminal and metering devices not exceeding six feet (6') in height, and
support structures for transmission crossing spans.
d. The construction of aboveground pumping stations which shall be screened from view
of the river.
e. The reconstruction or restoration of historical structures or sites on the inventory of the
State Historical Society or the National Register of Historic Places.
f. Aggregate processing and barge loading facilities as a replacement of existing
facilities
g. Construction of a single-family dwelling on a lot approved by the City and recorded in
the office of the County Register of Deeds prior to April 25, 1975, and where the abutting lots
have been developed prior to the establishment of these regulations. In no case shall a dwelling
be placed closer to the bluff line or normal high water mark than the average setback of the
structures on the adjacent lots.
D. Height Of Structures: All new structures shall be limited to thirty five feet (35'); except, that
the following may be allowed:
1. Barns, silos and similar farm structures.
2. Essential service distribution systems.
3. Bridges, bridge approach roadways and transmission services.
4. Restoration and construction of historical sites and structures.
5. Structures associated with mining and excavation.
6. Expansion of existing industrial complexes.
E. Line Of Sight: Development of new and the expansion of existing water -related uses such
as barge loading facilities shall be screened by berms and natural vegetation where practical.
F. On -Site Sewage Disposal Systems:
1. Any premises intended for human occupancy must be provided with an adequate
method of sewage disposal. Public or Municipal collection and treatment facilities must be used
where available and where feasible. Where public or Municipal facilities are not available, all on -
site individual sewage disposal systems shall conform to the minimum standards as set forth in
the standards of WPC-40 as interpreted by the State Pollution Control Agency and the on -site
system management provisions set forth in the Comprehensive Plan.
2. All parts of an on -site sewage disposal system shall be located at least one hundred fifty
feet (150') from the normal high water mark and from bluff lines.
3. No on -site sewage disposal system shall be placed within designated flood plains.
G. Uses Within Designated Flood Plains: All land in the Mississippi River Corridor Critical
Area that is within the designated flood plain shall comply with the standards of Chapter 12 of
this Title.
H. Subdivision Of Property For Residential, Commercial And Industrial Development
1. No land shall be subdivided which is found to be unsuitable for reason of flooding,
inadequate drainage, soil and rock formations with severe limitations for development, severe
erosion potential, unfavorable topography, inadequate water supply or sewer disposal
capabilities or any other feature likely to be harmful to the health, safety or welfare of the future
residents of the proposed subdivision or the community. The Planning Commission, in applying
the provisions of this Section, shall in writing cite the particular features upon which it bases its
conclusions that the land is not suitable for the proposed use and afford the subdivider an
opportunity to present evidence regarding such suitability. Thereafter, the Commission may
affirm, modify or withdraw its determination of unsuitability.
2. All subdivisions shall comply with the applicable provisions of Title 10 of this Code.
3. For planned cluster developments, a pattern of residential subdivision development
which places dwelling units into compact groupings may be allowed when the proposed
clustering provides a better means of preserving agricultural land, open space, woods, scenic
views, wetlands and other features of the natural environment than traditional subdivision
development. Except for minimum setbacks and height limits, altered dimensional standards
may be allowed as exceptions for planned cluster developments, provided:
a. The number of dwelling units allowed shall not exceed the total number of dwelling
units allowed if the development was based on the minimum lot size requirements for a single-
family residential subdivision.
b. No lot shall be less than one and one-half (1112)acres in a planned cluster
development.
I. Protection Of Natural Features: The governing body may require the preservation of
natural features such as large trees, watercourses, scenic points, historical sites and similar
community assets and may decline approval of a subdivision or other development if provision
is not made for preservation of these assets.
J. Dedication Of River Front And Park Lands: In all subdivisions which embrace in whole or
in part a proposed park, scenic overlook, trail, drainageway, river front or other open space as
shown in the Critical Area Plan, these areas shall be considered for dedication to the public
according to the procedures set forth in Title 10 of this Code.
11-15-9: SITE PLANNING REQUIREMENTS:
A. Site Plan Required; Exceptions: No building permit, zoning approval or subdivision
approval permit or certificate shall be issued for any action located in an area covered by this
Chapter until a site plan has been prepared and approved in accordance with the provisions of
this Section. All or portions of the site planning requirements may be waived in the following
cases:
1. The construction or alteration of a single-family detached dwelling and its associated
accessory buildings on an individual lot.
2. Agricultural buildings.
3. Any other situation where the Director of Community Development determines that the
preparation and review of a detailed site plan is unnecessary to meet the objectives of this
Section.
B. Application And Contents Of Plan: A written application for site plan approval and required
site plans shall be submitted to the Director of Community Development according to the
procedures set forth in Section 11-2-4 of this Title. The site plan shall contain the following
information, in addition to those requirements listed in Section 11-2-4 of this Title:
1. The topography map shall clearly delineate any bluff line, all streams, including
intermittent streams and swales, rivers, water bodies and wetlands located on the site, including
depth of water, bottom slope, a description of body materials and all vegetation which may be
found in the water body, a statement of water turbidity, a statement of water quality and a
classification given to the water body by the State Department of Natural Resources and the
Minnesota Pollution Control Agency, if any. The topography map shall indicate the floodway
and/or flood fringe lines and shall indicate the normal high water mark of the river.
2. A plan delineating existing drainage of the water, setting forth in which direction the
volume and at what rate storm water is conveyed from the site and setting forth those areas of
the site where storm water collects and is gradually percolated into the ground or slowly
released to a stream or lake.
3. A description of the soils of the site, including a map indicating soil types by areas to be
disturbed as well as a soil report prepared by a soil scientist containing information on the
suitability of the soils for the type of development proposed and for the type of sewage disposal
proposed and describing any remedial steps to be taken by the developer to render the soils
suitable. All areas proposed for grading shall be identified by soil type, both as to soil type of
existing topsoil and soil type of the new contour. The location and extent of any erosion areas
shall be indicated. The stability of rock units along bluff lines and faces shall be included in the
soils description.
4. A description of the flora and fauna which occupy the site or are occasionally found
thereon, setting forth with detail those areas where unique plant or animal species may be found
on the site.
5. A description of any features, buildings or areas which are of historic significance.
6. A proposed drainage plan of the developed site delineating in which direction the volume
and at what rate storm water will be conveyed from the site and setting forth the areas of the
site where storm water will be allowed to collect and gradually percolate into the ground or be
slowly released to a stream or lake. The plan shall also set forth hydraulic capacity of all
structures to be constructed or existing structures to be utilized, including volume of holding
ponds and design storm.
7. An erosion and sedimentation control plan indicating the type, location and necessary
technical information on control measures to be taken both during and after construction,
including a statement expressing the calculated anticipated gross soil loss expressed in
tons/acre/year both during and after construction.
8. A description of the method to be provided for vehicular and pedestrian access to the
proposed development and public access to the river and/or public river view opportunities both
before and after development; a description of the development's impact on existing views of
and along the river.
9. A delineation of the areas to be dedicated for public use.
10. A delineation of the location and amounts of excavated soils to be stored on the site
during construction.
11. Any other information pertinent to the particular project which, in the opinion of the
inspector or applicant, is necessary or helpful for the review of the project.
11-15-10: NATURAL RESOURCE MANAGEMENT:
The City hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands,
habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely
affects the public health, safety and general welfare by contributing to pollution and other
environmental problems, creating nuisances, impairing other beneficial uses of environmental
resources and hindering the ability of the City to provide adequate community services.
Therefore, the following standards have been developed to promote, preserve and enhance the
natural resources within the corridor and to protect them from adverse effects by regulating
developments that would have a severe adverse and potentially irreversible impact on unique
and fragile environmentally sensitive land within the Mississippi River Corridor Critical Area:
A. Standards For Soil Erosion Control: Since certain areas within the corridor have steep
slopes or unstable soils which may cause ecological problems due to siltation and pollution of
water bodies and streams, the following standards shall be applied to all development within the
corridor except certain areas designated for mining or excavation which shall comply with soil
erosion standards in the Mining Ordinance:
1. No development shall be permitted on slopes of eighteen percent (18%) or more.
2. No development shall be permitted on land having a slope before alteration in excess of
twelve percent (12%) but less than eighteen percent (18%), unless the applicant shall prove that
the following conditions are met:
a. The foundation and underlying material of any structure, including roads, shall be
adequate for the slope condition and soil type.
b. Adequate controls and protections exist uphill from the proposed development such
that there is no danger of structures or roads being struck by falling rock, mud, uprooted trees or
other materials.
c. The view of the developed slope from the river and opposite river bank is consistent
with the natural appearance of the undeveloped slope, consistent with any historic areas
nearby, compatible with the view from historic areas and compatible with surrounding
architectural features. To the maximum extent possible, the use of natural devices, including
vegetation management, shall be preferred over the construction of artificial devices, including
culverts, holding ponds, walls and terracing.
d. All structures other than buildings and roadway surfaces, but including retaining walls,
shall meet the following design requirements:
(1) Retaining walls or terrace contours shall not exceed five feet (5') in height.
(2) Construction shall be of native stone or wood.
(3) The use of gavvions, pilings, tiebacks, metal retaining walls and precast or cast in
place concrete retaining walls is specifically prohibited.
(4) The minimum space between terraces and retaining walls shall be twenty feet (20').
e. Development activities shall be conducted and staged to minimize soil erosion. The
smallest practical increment of land shall be developed at any one time, and that increment shall
be subjected to erosion for the shortest practical period of time, not to exceed a single
construction season.
f. Sufficient control measures and retention facilities shall be put in place prior to
commencement of each development increment to limit gross soil loss from the development
site to no more than five (5) tons per acre per year during development. Gross soil loss from
construction sites adjacent to streams and lakes shall not exceed two (2) tons per acre per year.
g. Conditions on the site shall be stabilized within thirty (30) days following completion of
the work such that the yearly gross soil loss from the site will be less than five- tenths (0.5) ton
per acre.
B. Standards For Development On Restrictive Soils: Certain soils in the corridor, without
proper management, are unsuitable for development due to specific conditions which increase
the probability of pollution of ground water, erosion or other problems detrimental to the public
health, safety and welfare. Therefore, the following standards shall be applied to any
development designated or identified as an area of restrictive or unsuitable soil:
1. Development of on -site waste disposal systems shall conform to the standards of the
WPC-40 as interpreted by the State Pollution Control Agency and the on -site system
management provision set forth in the utilities element of the Comprehensive Plan.
2. No residential development shall be permitted on soils which are susceptible to severe
changes in physical volume when moistened or are susceptible to changes in volume during
periods of frost, unless the applicant proves that construction techniques capable of overcoming
the restrictive condition will be utilized.
3. Industrial uses requiring bulk storage of chemicals will not be allowed in wet soils,
shallow soils or soils with permeability rates faster than five -tenths (0.5) minutes per inch.
4. No solid waste disposal shall be permitted in soils having a permeability rate between
five -tenths (0.5) minutes per inch and five (5.0) minutes per inch or soils over fractured
carbonate bedrock within fifty feet (50') of the ground surface.
5. Development which will result in unusual road maintenance costs or utility line
breakages due to soil limitations, including high frost action, shall not be permitted.
6. The lowest floor elevation of buildings if used for living quarters or work area shall be at
least three feet (3') above the seasonal high water level of any wetland.
C. Standards For Wetland Protection: No area defined and designated as a wetland shall be
developed without first obtaining a conditional use permit. No permit shall be issued unless the
proposed development complies with the following standards:
1. Filling: A minimum amount of filling may be allowed when necessary, but in no case
shall the following restrictions on total amount of filling be exceeded:
a. Total filling shall not cause the total natural flood storage capacity of the wetland to fall
below the projected volume of runoff from the whole developed watershed generated by a six
inch (6") rainfall in twenty four (24) hours.
b. Filling in a wetland shall not exceed the excess storage and nutrient stripping
capacities of the wetland based on the ultimate projected development of the wetland
watershed.
c. Only fill free of chemical pollutants and organic wastes may be used.
d. Wetlands shall not be used for solid waste disposal.
2. Vegetation: No wetland vegetation may be removed or altered except that reasonably
required for the placement of structures and use of property.
3. Use As Primary Sediment Traps: Wetlands and other water bodies shall not be used as
primary sediment traps during or after construction.
4. Dredging: Dredging may be allowed only when a boat channel is required for access to
a navigable lake or for a marina or when it will not have a substantial or significant adverse
effect upon the ecological and hydrologic characteristics of the wetland and is proposed for a
purpose consistent with the critical area designation. Dredging, when allowed, shall be limited
as follows:
a. It shall be located so as to maximize the activity in the areas of lowest vegetation
density.
b. It shall not significantly change the water flow characteristics.
c. The size of the dredged area shall be limited to the absolute minimum.
d. Disposal of the dredged material shall not result in a significant change in the current
flow or in substantial destruction of vegetation, fish spawning areas or water pollution.
e. Work in the wetlands will not be performed during the breeding season of waterfowl or
fish spawning season.
f. Only one boat channel or marina shall be allowed per large scale development.
g. In other residential developments, dredging shall be located so as to provide for the
use of boat channels and marinas by two (2) or more adjacent property owners.
h. The width of the boat channel to be dredged shall not be more than the minimum
required for the safe operation of boats at minimum operating speed.
D. Standards For Woodland Protection: No area defined and designated as a woodland area
on Figure 8 of the Critical Area Plan may be developed unless that development complies with
the following standards, with the exception of trees seriously damaged by storms or other
natural causes or diseased trees:
1. Development shall be conducted so that the maximum number of trees are preserved by
the clustering of structures in existing cleared areas and natural clearings, and the utilization of
other site design techniques.
2. Grading, contouring and paving shall not detrimentally affect the root zone aeration and
stability of existing trees, and existing trees shall be provided with a watering area equal to at
least one-half (112) the crown cover.
3. When trees are removed, the permittee will restore the density of the trees, utilizing
nursery stocks of a size generally accepted as suitable for the purpose, to that which existed
before the development; provided, that in no case need the density exceed ten (10) trees per
acre.
4. Development shall not reduce the existing crown cover greater than fifty percent (50%)
and shall be conducted in such a manner as to preserve the understory and litter, unless
otherwise approved by the community.
5. Trees used in reforestation or landscaping must be compatible with the local landscape
and conditions and not presently under disease epidemic.
E. Standards For Wildlife Habitat Protection: In order to protect and preserve unique
resource areas and unique and/or endangered species of plants or animals which populate
these areas from the impact of unplanned development, and to manage such areas and species
for educational, recreational, scientific, aesthetic and conservation purposes, the following
standards shall apply to any development within an area defined or designated as a wildlife
habitat area on Figure 9 of the Critical Area Plan:
1. Structures, including utilities and roadways, shall be sited so as to minimize the impact
on natural areas and unique plant and animal species within the District.
2. No substantial alteration of the natural environment or removal of vegetation may be
permitted, when such alteration or removal would significantly diminish the scientific, historical,
educational, recreational or aesthetic value of the resource, or where the alteration or removal
would remove a unique or endangered plant species or the supporting environment or critical
habitat or a unique or endangered animal species, or where such activities would have a
significant detrimental impact upon the food supply, security and reproductive cycle of the
species.
3. The vibration level, including the generation of vibrations during construction, shall not
be allowed to reach a level which would endanger fragile resources, including geological
features.
4. Public access to historically significant natural resource areas or unique and endangered
species of plants and animals should be controlled and limited so as to minimize the intrusion
and impact upon the resources.
5. No uses likely to generate air pollution which will be toxic to plants or animals or
otherwise detrimental to the resource shall be allowed.
6. Development shall not detrimentally affect the existing water quality, including the
chemical, biological and turbidity characteristics of the water body or watercourse.
7. Development shall not cause extreme fluctuations of water levels or unnatural changes
in water temperature or changes in water currents or movements which may have significant
impact on endangered or unique species of the natural resource area.
F. Standards For Grading And Filling: With the exception of approved mining and mineral
extraction operations, grading, filling, excavating or otherwise changing the topography
landward of the ordinary high water mark shall not be conducted without a permit. A permit may
be issued only if:
1. Earth moving, erosion, vegetative cutting and the destruction of natural amenities is
minimized;
2. The smallest amount of ground is exposed for as short a time as feasible;
3. Temporary ground cover, such as mulch, is used and permanent ground cover, such as
sod, is planted;
4. Methods to prevent erosion and trap sediment are employed; and
5. Fill is established to accepted engineering standards.
G. Standards For Vegetation Management: The following standards shall apply for
management of vegetation:
1. On developed islands and public recreation lands, the slope or face of bluffs within two
hundred feet (200') of the normal high water mark of the river and within the area forty feet (40')
landward from bluff lines, clear cutting shall not be permitted except for a view corridor as
provided.
Twenty five percent (25%) of the width of a lot may be cleared to a depth sufficient to allow a
view corridor. In the remaining seventy five percent (75%) of this strip, cutting shall leave
sufficient cover to screen cars, dwellings and other structures, except boathouses, piers, docks
and marinas, from the view of the water body.
2. On all other lands, clear cutting shall be allowed by conditional use permit and be guided
by the following provisions:
a. The applicant shall demonstrate that there are no feasible or prudent alternatives to
cutting trees on the site.
b. Clear cutting shall not be used where soil, slope or other watershed conditions are
fragile and subject to injury.
c. Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in
all cases, shaped and blended with the natural terrain.
d. The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.
e. Where feasible, all clear cuts shall be conducted between September 15 and May 15.
If natural regeneration will not result in adequate vegetable cover, areas in which clear cutting is
conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area
where feasible; replanting shall be performed in the same spring or the following spring.
3. The selective cutting of trees greater than six inches (6") in diameter measured at a
point two feet (2') above ground level shall be allowed by permit when the cutting is
appropriately spaced and staged so that a continuous natural cover is maintained.
4. These vegetative management standards shall not prevent the pruning and cutting of
vegetation to the minimum amount necessary for the construction of bridges and roadways and
for the safe installation, maintenance and operation of essential services and utility transmission
services which are permitted uses.
H. Standards For Surface Water Runoff Management:
1. Raw sewage, seepage from on -site sewage disposal systems, pollutants and industrial
wastes shall not be deposited into public waters.
2. Withdrawal of ground water shall not result in reducing surface water levels.
3. Water released into the natural drainage system shall be directed so as not to travel
over contaminated surfaces.
4. Storm water runoff may be directed to public water bodies or wetlands; provided, that
storm water runoff is substantially free of silt, debris and chemical pollutants, and only at rates
which will not disturb vegetation or increase turbidity.
5. The quality of water runoff and water infiltrated to the water table or aquifer shall be as
high as it was before development of the site.
6. Development shall not increase the runoff rate or decrease the natural rate of absorption
of storm water.
I. Noise Control In Public Open Space Areas: Noise levels within public open space areas
shall not exceed those for nature exhibits as set forth in Minnesota Regulations NPC-1, 2.
J. Management Of Undeveloped Islands: Existing undeveloped islands shall be managed
under the provisions of the Conservancy District and other provisions in the Critical Area
Overlay District. These islands shall be considered open space areas, and no structures except
those provided for in subsection 11-15-8C3 of this Chapter shall be allowed.
11-15-11: RIVER SURFACE USE:
Due to problems with erosion of shore land and nuisances because of noise, the following
standards for use of the surface waters within the river corridor shall apply:
A. Water surface use on backwater areas and lakes shall be restricted to noncommercial
navigation only and so as not to cause unnecessary wakes.
B. Docks or piers may be allowed subject to approval by the applicable State or Federal
agencies.
11-15-12: ROAD, UTILITY AND PIPELINE CONSTRUCTION AND ROUTING
REGULATIONS:
A. Utility Facilities: Utility crossings of the Critical Area Corridor or routing within the corridor
shall meet the following standards:
1. Underground placing of the utility facility shall be required unless economic,
technological and land characteristic factors make underground placement infeasible. Economic
considerations alone shall not be made the major determinant regarding feasibility.
2. Overhead crossings, if required, shall meet the following criteria:
a. The crossings shall be adjacent to or part of an existing utility corridor, including bridge
or overhead utility lines.
b. All structures utilized shall be as compatible as practicable with land use, scenic views
and existing transmission structures in height, material, color and design.
c. Right-of-way clearance shall be kept to a minimum.
d. Vegetative screening shall be utilized to the maximum extent consistent with safety
requirements.
e. Routing shall avoid unstable soils, bluff lines or high ridges. The alteration of the
natural environment, including grading, shall be minimized.
f. The crossings shall be subject to the site planning requirements set forth in Section
of this Chapter.
3. Utility substations shall be subject to the following standards:
a. All substations shall be subject to the site planning requirements set forth in
Section 11-15-9 of this Chapter.
b. New substations or refurbishment of existing substations shall be compatible in height,
scale, building materials, landscaping and signing with the surrounding natural environment or
land uses. Screening by natural means is encouraged and should be compatible with the
surrounding environment.
4. Pipelines and underground utility facilities shall be subject to the following standards:
a. All pipelines and underground facilities shall be subject to the site planning
requirements set forth in Section 11-15-9 of this Chapter.
b. The facilities shall be located to avoid wetlands, woodlands and areas of unstable
soils.
c. All underground placing of utility facilities and pipelines shall be followed by
revegetation and rehabilitation to the conditions which existed on -site prior to development.
B. Public And Private Roads And Railways: New roads and railways crossing the Critical
Area Corridor or routed within the Critical Area Corridor shall meet the following standards:
1. Roads and railways shall be constructed to minimize impacts on the natural terrain and
natural landscape.
2. Cuts and fills are to be avoided.
3. All roads and railways shall be subject to the site planning requirements set forth in
Section 11-15-9 of this Chapter.
4. New roads and railways shall not utilize the river corridor as a convenient right of way for
new arterials or main lines.
5. New roads and railways shall be restricted to those facilities needed to access existing
and planned residential, commercial and industrial uses.
6. All new roads and railways shall provide safe pedestrian crossing points to allow access
to the river front. Rest areas, vistas and waysides shall be provided.
7. The grades of any streets shall not exceed ten percent (10%).
11-15-13: MARINAS; BARGE FLEETING AND LOADING FACILITIES:
A. Boat Launching Ramps:
1. Boat launching ramps may be located only where access streets are adequate to handle
the traffic load generated by the facility.
2. Shared or joint use accessory parking will be preferred. Loading will be permitted only at
ramps. Parking areas must be screened from the river and adjoining residential property and
located at least one hundred feet (100') from the normal high water mark.
3. The impact of the accessory parking must not adversely affect the environmental quality
of the site or the surrounding neighborhood.
4. Boat launching ramps and minor accessory buildings and haul -off facilities must be in
character and scale with the surrounding neighborhood.
B. Public Marinas: Public marinas shall be permitted, subject to the following conditions:
1. The marina must have lavatory facilities adequate to serve the marina clientele.
2. Off-street parking areas should be provided in accordance with the requirements set
forth for boat launching ramps.
3. Areas for the winter storing of boats should be naturally screened from view from the
river and from upland lots.
4. The marina shall be designed for and used only by pleasure craft.
5. Maximum height of any buildings or structures shall be thirty five feet (35').
6. Accessory uses customarily incidental to public marinas, including fueling stations, may
be permitted, providing they are consistent in scale and intensity with the marina and
surrounding uses.
C. Barge Fleeting, Loading And Storage: Barge fleeting, loading and storage shall be
permitted only in compliance with the following provisions:
1. Any barge cleaning facilities must be serviced by public sewer.
2. Barge fleeting areas shall be located more than two hundred feet (200') from marina
access and boat access points in order to provide a clear line of site for boaters using these
facilities.
3. Barge fleeting areas shall not be located immediately adjacent to park areas, unless it is
shown that there is no conflict with the park usage.
4. Existing trees shall not be utilized for tie-up facilities.
5. First priority for new barge fleeting sites shall be given to those sites adjoining industrial
and commercial areas and where the topography serves as a buffer from noise and visual
obstructions.
D. Pilings, Dredging And Filling: No pilings shall be driven into the riverbed except as is
necessarily incident to water- dependent uses. Landfill and dredging shall not be permitted
except as incident to a water -dependent use when no feasible alternative exists. Dry land
disposal of dredge spoils shall be authorized on shore sites which contain no unique or valuable
resources. Dry land disposal of dredge spoils shall be subject to the site planning requirements
set forth in Section 11-15-9 of this Chapter.
11-15-14: RIVER FRONT USE AND ACCESS:
A. Public Access On Public Property: Public access shall be provided to the river front of
developments on publicly -owned and publicly -controlled river front property, whether leased to
private lessees or not, except where:
1. Unavoidable hazards exist to the public.
2. Public pedestrian access at a particular location cannot be designed or developed to
provide a pleasant view or recreational experience.
B. Public Access On Private Property: Public access shall be provided to the river front for all
nonwater-dependent uses which are developed as a planned unit development or requiring
subdivision approval.
C. Denial Of Access: Access to the river front may be denied to any person who creates a
nuisance or who engages in illegal conduct on the property. Public access may be temporarily
or permanently closed upon a finding that such offensive conduct cannot otherwise be
reasonably controlled.
11-15-15: SEWAGE TREATMENT PLANTS, SEWAGE OUTFALLS AND WATER
INTAKE FACILITIES:
The provision of sewage treatment plants, sewage outfalls and water intake facilities shall:
A. Wherever practicable, conform with the dimensional standards and criteria in Sections
and of this Chapter.
B. Provide that in the case of public sewage treatment plants, the unused river frontage after
construction shall be made available for public access or recreation open space use if practical.
C. Not include new combined storm and sanitary sewer outfalls.
11-15-16: ADMINISTRATION OF PROVISIONS:
A. Updating And Re -Evaluation Of Plans And Regulations:
1. The City may amend its plans and regulations that have been approved by the State
Environmental Quality Board (EQB) by resubmitting the plans and regulations with any
recommended changes thereto to the EQB for consideration.
2. Two (2) years after the EQB's initial approval of the plans and regulations, the City shall
resubmit its plans and regulations, with any recommended changes thereto, for review and
approval by the EQB.
3. Amendments to plans and regulations shall become effective only upon the approval
thereof by the EQB.
B. Variances:
1. Variances from strict compliance with the setback, lot size, height restriction or line of
site requirements contained in this Chapter may be issued by the City Council following a
procedure as required by Section 11-2-7 of this Title. Variances shall only be granted where
there are particular hardships which make the strict enforcement of this Chapter impractical.
"Hardship" means the proposed use of the property and associated structures in question
cannot be established under the conditions allowed by this Chapter; the plight of the landowner
is due to circumstances unique to his/her property, not created by the landowner after April 25,
1975; and the variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute a hardship for the reasonable use of the property and
associated structures. In addition, no variance shall be granted that would permit any use that is
prohibited in the Critical Area River Corridor.
2. When considering a proposal for a variance or other applications within the Mississippi
River Corridor Critical Area, the Planning Commission and City Council shall address the
following items in making their decision:
a. Preserving the scenic and recreational resources of the river corridor, especially in
regard to the view from and use of the river.
b. The maintenance of safe and healthful conditions.
c. The prevention and control of water pollution, including sedimentation.
d. The location of the site with respect to floodways, flood plains, slopes and bluff lines.
e. The erosion potential of the site based on degree and direction of slope, soil type and
vegetative cover.
f. Potential impact on game and fish habitat.
g. Location of the site with respect to existing or future access roads.
h. The amount of wastes to be generated and the adequacy of the proposed disposal
systems.
i. The anticipated demand for police, fire, medical and school services and facilities.
j. The compatibility of the proposed development with uses on adjacent land.
C. Conditional Use Permits: Conditional use permits may be granted after an application
process and a public hearing according to the provisions of Section 11-2-9 of this Title. A
conditional use permit may be granted only when the following findings are made:
It is consistent with the intent of the critical area order and the City's Comprehensive
Plan;
2. It is compatible with uses in the immediate vicinity; and
3. It is permitted by the ordinances of the community.
D. Emergency Actions: A development permit may be issued when certified in writing by the
local unit of government that the development is essential to protect the public health, safety or
welfare in an existing emergency and that a local ordinance or State regulation was in effect
immediately prior to April 25, 1975, and a development permit would have been granted
thereunder