HomeMy WebLinkAbout2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance CITY OF HUGO,
WASHINGTON COUNTY, MN
ORDINANCE NO. 2026-549
AN ORDINANCE OF THE CITY OF HUGO, MINNESOTA REPEALING AND
REPLACING CHAPTER 90 (ZONING AND LAND USE) OF THE HUGO CITY CODE
THE CITY OF HUGO ORDAINS:
Section 1. Amendment of the City Code. The existing Chapter 90 (Zoning and Land
Use) of the City Code of Hugo, Minnesota, is hereby repealed and replaced in its
entirety with the new Chapter 90 (Zoning and Land Use), which is found on the attached
Exhibit A.
Effective Date. This Ordinance shall take effect upon its passage.
ADOPTED BY THE HUGO CITY COUNCIL ON JULY 6, 2026.
C
Tom Weidt, Mayor
Attest:
Michele Lindau, City Clerk
1
Exhibit A
Chapter 90 (Zoning and Land Use)
2
SUMMARY ORDINANCE 2026-549
NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE
OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF
THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY
HALL DURING REGULAR BUSINESS HOURS.
SUMMARY OF REPEAL AND REPLACE OF CHAPTER 90 (ZONING AND LAND USE)
ORDINANCE:
Chapter 90 (Zoning and Land Use) has been repealed and replaced in its entirety. This
repeal and replace includes the official Zoning Map of the City of Hugo. The changes
included numerous updates to the names, dimensional standards, and information
included in each Zoning District. Additionally, the changes included updates to uses and
performance standards for uses. Overall, the changes reordered sections and provided
updates, improved usability and provided clarity to Chapter 90.
Please note this title and summary of this Ordinance clearly informs the public of the intent
and effect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall
be effective on the date that it is published.
The amended ordinance is available at City Hall for review.
Passed and adopted by the City Council of the City of Hugo this 6th day of July, 2026.
Attest: Tom Weidt, Mayor
Mich le Linaau, City Clerk
1
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Table of Contents
Table of Contents ................................................................................................................................................... 1
Chapter 90 ZONING AND LAND USE ............................................................................................................. 7
ARTICLE I. IN GENERAL ......................................................................................................................... 7
Sec. 90-1. Definitions. ............................................................................................. 7
Sec. 90-2. Rules of interpretation. ........................................................................ 23
Sec. 90-3. Purpose. ................................................................................................ 23
Sec. 90-4. Warning and disclaimer of liability. ...................................................... 24
Sec. 90-5. Implementation. ................................................................................... 24
Secs. 90-6—90-28. Reserved. ................................................................................ 24
ARTICLE II. ADMINISTRATION AND ENFORCEMENT .......................................................................... 25
Sec. 90-29. Introduction. ....................................................................................... 25
Sec. 90-30. City council. ........................................................................................ 25
Sec. 90-31. Planning commission. ......................................................................... 25
Sec. 90-32. Board of appeals and adjustments. .................................................... 26
Sec. 90-33. Community development director or designee. ................................ 27
Sec. 90-34. Building official. .................................................................................. 27
Sec. 90-35. Fees. .................................................................................................... 27
Sec. 90-36. Site plan review. ................................................................................. 27
Sec. 90-37. Conditional use permits. ..................................................................... 32
Sec. 90-38. Interim use permits. ........................................................................... 35
Sec. 90-39. Special event permits. ........................................................................ 37
Sec. 90-40. Variances. ........................................................................................... 40
Sec. 90-41. Minor deviations. ................................................................................ 43
Sec. 90-42. Zoning amendments. .......................................................................... 43
Sec. 90-43. Permits. ............................................................................................... 45
Sec. 90-44. Certificates of compliance. ................................................................. 46
Sec. 90-45. Conduct of hearings. ........................................................................... 46
Sec. 90-46. Presentation of notices. ...................................................................... 47
Sec. 90-47. Enforcement. ...................................................................................... 47
Sec. 90-48. Nonconforming buildings, structures, uses, and lots. ........................ 48
Sec. 90-49. Exceptions to yard regulations. .......................................................... 51
Sec. 90-50. Opt-Out of Minnesota Statutes. ......................................................... 51
Secs. 90-51—90-65. Reserved. .............................................................................. 51
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ARTICLE III. ZONING MAP .................................................................................................................. 52
Sec. 90-66. Maintenance and compliance. ........................................................... 52
Sec. 90-67. Zoning map interpretation. ................................................................ 54
Secs. 90-68—90-92. Reserved. .............................................................................. 54
ARTICLE IV. ZONING DISTRICT REGULATIONS .................................................................................... 55
DIVISION 1. GENERALLY ........................................................................................................... 55
Sec. 90-93. Long-term agricultural district (LA). .................................................... 55
Sec. 90-94. Agricultural district (AG). .................................................................... 56
Sec. 90-95. Rural residential district (RR). ............................................................. 58
Sec. 90-96. Large lot single-family residential district (R-1). ................................. 60
Sec. 90-97. Low-density residential district (R-2). ................................................. 61
Sec. 90-98. Single- and two-family residential district (R-3). ................................ 62
Sec. 90-99. Medium-density multi-family residential district (R-4). ..................... 63
Sec. 90-100. High-density multi-family residential district (R-5). .......................... 65
Sec. 90-101. Restricted commercial district (RC-1). .............................................. 66
Sec. 90-102. Central business district (C-1). .......................................................... 67
Sec. 90-103. General business district (C-2). ......................................................... 69
Sec. 90-104. Restricted industrial district (RI-1). ................................................... 70
Sec. 90-105. General industrial district (I-1). ......................................................... 72
Sec. 90-106. Business park (BP)............................................................................. 74
Sec. 90-107. Mixed-use district (M-U)................................................................... 76
Sec. 90-108. Future urban service district (FUS). .................................................. 78
Sec. 90-109. Future central business district (FCB). .............................................. 80
Secs. 90-110—90-135. Reserved. .......................................................................... 81
DIVISION 2. OVERLAY DISTRICTS .............................................................................................. 82
Sec. 90-136. Introduction. ..................................................................................... 82
Sec. 90-137. Shoreland district. ............................................................................. 82
Sec. 90-138. Floodplain district. ............................................................................ 85
Sec. 90-139. Wetlands protection district. ............................................................ 90
Sec. 90-140. Superfund recovery district. ............................................................. 91
Sec. 90-141. Planned unit developments (PUD). .................................................. 91
Secs. 90-142—90-165. Reserved. .......................................................................... 94
ARTICLE V. ENVIRONMENTAL PROTECTION ...................................................................................... 95
Sec. 90-166. Introduction. ..................................................................................... 95
Sec. 90-167. Environmental review....................................................................... 95
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Sec. 90-168. Steep slopes. ..................................................................................... 95
Sec. 90-169. Bluffs. ................................................................................................ 96
Sec. 90-170. Public waters. ................................................................................... 96
Sec. 90-171. Minimum building elevations. .......................................................... 96
Sec. 90-172. Drainage and stormwater management. ......................................... 96
Sec. 90-173. Erosion control. ................................................................................ 97
Sec. 90-174. Forest and wetlands. ........................................................................ 98
Sec. 90-175. Air quality. ........................................................................................ 99
Sec. 90-176. Wells and potable water supply. ...................................................... 99
Sec. 90-177. Sewage treatment. ........................................................................... 99
Sec. 90-178. Excavations, fill, and grading. ......................................................... 100
Sec. 90-179. Heritage preservation. .................................................................... 101
Sec. 90-180. Pipeline setbacks. ........................................................................... 101
Sec. 90-181. Salt storage at commercial, industrial, and institutional facilities. 101
Secs. 90-182—90-200. Reserved. ........................................................................ 102
ARTICLE VI. REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS ...................... 103
DIVISION 1. GENERALLY ......................................................................................................... 103
Sec. 90-201. Purpose. .......................................................................................... 103
Sec. 90-202. Application of article....................................................................... 103
Sec. 90-203. Accessory buildings. ........................................................................ 103
Sec. 90-204. Accessory retail and service uses. .................................................. 105
Sec. 90-205. Campus development. .................................................................... 105
Sec. 90-206. Cannabis businesses. ...................................................................... 105
Sec. 90-207. Carwash. ......................................................................................... 111
Sec. 90-208. Cemeteries. ..................................................................................... 112
Sec. 90-209. Commercial, private, or public satellite dish. ................................. 112
Sec. 90-210. Commercial recreation. .................................................................. 112
Sec. 90-211. Convenience store and gas stations. .............................................. 113
Sec. 90-212. Daycare facilities. ............................................................................ 114
Sec. 90-213. Distribution center.......................................................................... 114
Sec. 90-214. Drive-through businesses. .............................................................. 115
Sec. 90-215. Driveways. ...................................................................................... 115
Sec. 90-216. Dwelling, apartments. .................................................................... 116
Sec. 90-217. Dwelling, single-family detached. ................................................... 117
Sec. 90-218. Dwelling, townhouses. ................................................................... 117
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Sec. 90-219. Dwelling, two-family. ...................................................................... 118
Sec. 90-220. Dwelling unit, accessory. ................................................................ 118
Sec. 90-221. Dwelling unit, accessory apartments. ............................................. 119
Sec. 90-222. Essential public services. ................................................................ 119
Sec. 90-223. Exterior storage. ............................................................................. 120
Sec. 90-224. Farm and garden produce sales. .................................................... 121
Sec. 90-225. Farmhand living quarters. ............................................................... 121
Sec. 90-226. Feedlots. ......................................................................................... 122
Sec. 90-227. Fences. ............................................................................................ 122
Sec. 90-228. Funeral homes and mortuaries. .................................................... 124
Sec. 90-229. Garages, private. ............................................................................. 124
Sec. 90-230. Home occupations. ......................................................................... 125
Sec. 90-231. Horse training and boarding facilities. ............................................ 129
Sec. 90-232. Hotels. ............................................................................................. 129
Sec. 90-233. Hunt and gun clubs. ........................................................................ 129
Sec. 90-234. Indoor riding arenas. ...................................................................... 130
Sec. 90-235. Kennels. .......................................................................................... 130
Sec. 90-236. Landscaping. ................................................................................... 131
Sec. 90-237. Lifts and ramps. .............................................................................. 136
Sec. 90-238. Lighting. .......................................................................................... 136
Sec. 90-239. Liquor and alcohol uses (brewpubs, wineries, distilleries, etc.). .... 137
Sec. 90-240. Livestock and poultry. ..................................................................... 137
Sec. 90-241. Manufactured home park. .............................................................. 139
Sec. 90-242. Manufactured housing. .................................................................. 141
Sec. 90-243. Manufacturing. ............................................................................... 142
Sec. 90-244. Marinas. .......................................................................................... 142
Sec. 90-245. Meat processing facility. ................................................................. 143
Sec. 90-246. Mining and excavation. .................................................................. 144
Sec. 90-247. Motor freight terminal. .................................................................. 145
Sec. 90-248. Motor vehicles, boat, farm machinery and trailer sales. ................ 145
Sec. 90-249. Motor vehicle repair business. ....................................................... 146
Sec. 90-250. Open or outdoor services, sale and rental. .................................... 147
Sec. 90-251. Outdoor display of merchandise for sale. ...................................... 148
Sec. 90-252. Parking and loading. ....................................................................... 148
Sec. 90-253. Places of assembly. ......................................................................... 154
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Sec. 90-254. Plant nurseries. ............................................................................... 154
Sec. 90-255. Recycling centers. ........................................................................... 155
Sec. 90-256. Residential facilities. ....................................................................... 156
Sec. 90-257. Self-service storage facilities. ......................................................... 156
Sec. 90-258. Sexually oriented businesses. ......................................................... 157
Sec. 90-259. Short-term rentals. ......................................................................... 157
Sec. 90-260. Signs. ............................................................................................... 157
Sec. 90-261. Solar energy systems. ..................................................................... 164
Sec. 90-262. Swimming pools. ............................................................................. 169
Sec. 90-263 Trade or vocational schools. ............................................................ 171
Sec. 90-264. Veterinary clinic. ............................................................................. 171
Sec. 90-265. Warehouses. ................................................................................... 172
Sec. 90-266. Water-oriented accessory structure. .............................................. 172
Sec. 90-267. Wind-powered generators. ............................................................ 173
Sec. 90-268. Commercial and industrial construction standards. ....................... 174
Sec. 90-269. Public improvement construction standards. ................................ 175
Secs. 90-270—90-294. Reserved. ........................................................................ 176
DIVISION 2. ANTENNAS .......................................................................................................... 177
Sec. 90-295. Purpose of division provisions. ....................................................... 177
Sec. 90-296. Definitions. ..................................................................................... 177
Sec. 90-297. Preference for antenna and support structure locations. .............. 177
Sec. 90-298. Dimensional requirements. ............................................................ 178
Sec. 90-299. Permit requirements. ..................................................................... 179
Sec. 90-300. Antenna regulations in all districts. ................................................ 180
Sec. 90-301. Amateur radio antenna and towers. .............................................. 182
Secs. 90-302—90-320. Reserved. ........................................................................ 182
ARTICLE VII. LAND DIVISION AND PLATTING ................................................................................... 183
Sec. 90-321. Introduction. ................................................................................... 183
Sec. 90-322. Council approval required. ............................................................. 183
Sec. 90-323. Conformity with comprehensive and long-range plans. ................ 183
Sec. 90-324. Park dedication. .............................................................................. 183
Sec. 90-325. Sealcoat fee. ................................................................................... 184
Sec. 90-326. Snowplowing fee. ........................................................................... 184
Sec. 90-327. Stormwater management. ............................................................. 184
Sec. 90-328. Public improvement standards. ...................................................... 185
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Sec. 90-329. Adequate public facilities. .............................................................. 185
Sec. 90-330. Record information requirement. .................................................. 186
Sec. 90-331. Financial guarantee. ....................................................................... 187
Sec. 90-332. Statutory land divisions. ................................................................. 187
Sec. 90-333. Registered land surveys and conveyance by metes and bounds. .. 188
Sec. 90-334. Assessment splits. ........................................................................... 188
Sec. 90-335. Utilities. ........................................................................................... 188
Sec. 90-336. Standard conditions for land divisions. .......................................... 188
Sec. 90-337. Minor subdivision. .......................................................................... 191
Sec. 90-338. Platting of land................................................................................ 193
Sec. 90-339. Property line adjustment process................................................... 196
Sec. 90-340. Certificate of survey and monumenting required. ......................... 197
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Chapter 90 ZONING AND LAND USE
ARTICLE I. IN GENERAL
Sec. 90-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
100-year high-water elevation means the elevation reasonably characteristic of the high level of flooding
expected to occur during a regional flood.
Above ground swimming pool means a swimming pool that is built above ground.
Accessory building means a subordinate building customarily incidental to, and located on the same lot
occupied by the main use or building.
Accessory solar energy systems means a solar energy system that is composed of a single or multiple solar
panels where the system is deemed accessory to the primary land use. An accessory solar energy system is
intended to primarily reduce on-site consumption of utility power for an active existing use/structure. Excess
electrical power generated and not presently needed for on-site use may be provided to the utility company.
Accessory use means a subordinate use conducted on the same lot as a primary use of a property, which is
customarily related to the primary use.
Agricultural building means a structure on agricultural land as defined in Minn. Stats. 273.13, subd. 23,
designed, constructed and used to house farm implements, livestock, or agricultural produce or products used by
the owner, lessee, and sublessee of the building and members of their immediate family, their employees, and
persons engaged in the pickup or delivery of agricultural produce and products.
Agriculture means the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-
bearing animals, horticultural or nursery stock, fruit, vegetables, forages, grains, timber, trees, or bees and apiary
products. The term also includes wetlands, pasture, forest land, wildlife land, and other uses that depend on the
inherent productivity of the land.
Approved ground cover means ornamental grass not exceeding 12 inches in height, decorative mulch or rock
and flowers. Native species of grass and wild flowers may be allowed as determined by the city council.
Architect, professional (registered) means a person licensed by the Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior Design, to practice architecture in the state.
Attention-attracting device means any device with flashing, blinking, rotating or moving action, or any
banner, searchlight, balloons, or pennants designed or intended to attract the attention of the public to an
establishment or to a sign.
Automotive service station means that portion of a property where flammable or combustible liquid or gases
are stored and dispersed from fixed equipment for use as motor fuel.
Basement means any area for a structure, including a crawl space, having its floor or base (below ground
level) on all four sides, regardless of depth of excavations below ground level.
Bluff means a topographic feature having the following characteristics:
(1) Part or all of the feature is located in a shoreland area;
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(2) The slope rises at least 25 feet above the ordinary high-water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high-
water level averages 30 percent or greater;
(4) The slope drains toward the waterbody;
(5) An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be
considered part of the bluff.
Bluff impact zone means a bluff and all land located within 20 feet of the top of the bluff.
Buffer means the use of land, topography, difference in elevation, space, fences or landscape plantings to
screen or partially screen a use of a property from observation from another property.
Brewpub means a restaurant that conducts the retail sale of malt liquor brewed on the premise and licensed
under Minn. Stat. § 340A.24. Areas used exclusively for brewing operations shall not exceed 25 percent of the total
floor area. Included within this use is the off-sale of malt liquor produced on site in refillable growlers pursuant to
Minn. Stat. § 340A.285.
Brewery means a malt liquor beverage production facility pursuant to Minn. Stat. § 340A.26.
Buildable area means that portion of a lot on which buildings or structures are functionally possible and
permitted to be located by regulation. Buildable areas do not include protected wetlands, steep slopes,
nonbuildable floodplain areas, setback areas, bluffs, public waters, easements, or similar restricted areas.
Building means any structure built or used for the support, shelter or enclosure of people, animals, or
property consisting of an enclosed circumference and a roof.
Building height means the vertical distance to be measured from the grade of a building line to the top of
the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall
of a shed roof, to the upper most point on a round or other arch type roof, to the mean distance of the highest
gable on a pitched or hip roof.
Building official means the person charged with the responsibility to administer state and local building
codes within the city.
Building setback means the horizontal distance between a building and the lot line, bluff line, ordinary high-
water level, or other regulatory boundary.
Building setback line means a line, parallel to a lot line, bluff line, ordinary high-water level, or other
regulatory boundary, behind which buildings or other structures must be placed.
Business means any establishment, occupation, employment, or enterprise where merchandise is
manufactured, exhibited or sold, or where services are offered for compensation.
Bus/transit station or terminal means a facility used for the arrival, departure, transfer, storage, or
maintenance of buses, transit vehicles, or similar public or private transportation services. Such facilities may
include passenger waiting areas, ticketing, administrative offices, and vehicle storage or service areas, and may
serve public transit systems, intercity carriers, or private transportation providers.
Campus Development means two or more principal buildings on any single lot or parcel, or a development of
multiple lots that includes joint parking facilities, trash, zero lot line setbacks, or any combination of such.
Cannabis means the cannabis plant, and its related industry that is regulated in the state of Minnesota by the
Office of Cannabis Management.
Cannabis business means any business that receives a license from the Minnesota Office of Cannabis
Management.
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Cannabis cultivator means a cannabis business that grows cannabis plants from seed or immature plant to
mature plant, harvests and processes cannabis flower for sale to other cannabis businesses, and conducts
operations pursuant to Minn. Stat. § 342.30.
Cannabis delivery service means a cannabis business that can purchase cannabis and lower-potency hemp
products from specific cannabis businesses, and sells and delivers those products directly to consumers, and is
licensed under Minn. Stat. § 342.41 and conducts operations pursuant to Minn. Stat. § 342.42.
Cannabis event means an event that serves, sells, or is otherwise related to cannabis or cannabis products,
and conducts operations pursuant to Minn. Stat. § 342.40.
Cannabis event organizer means an individual or entity licensed to plan and host events featuring cannabis,
and receives a license under Minn. Stat. § 342.39.
Cannabis manufacturer means a cannabis business that manufactures cannabis products and is licensed to
conduct operations pursuant to Minn. Stat. § 342.31. A cannabis manufacturer may also include a cannabis testing
facility and/or a lower-potency hemp edible manufacturer.
Cannabis mezzobusiness means a cannabis business that conducts operations pursuant to Minn. Stat. §
342.29.
Cannabis microbusiness means a cannabis business that conducts operations pursuant to Minn. Stat. §
342.28.
Cannabis product means a product as defined under Minn. Stat. § 342.01, subd. 20.
Cannabis registration means an approved registration issued by the City of Hugo to a state-licensed cannabis
business or lower-potency hemp edible retailer.
Cannabis retailer means any person, partnership, firm, corporation, or association, foreign or domestic,
selling cannabis product to a consumer and not for the purpose of resale in any form, and conducts operations
pursuant to Minn. Stat. § 342.32.
Cannabis testing facility means a cannabis business that receives cannabis products and lower-potency hemp
products from manufacturers and cultivators, and tests them to ensure the products meet safety standards, and
conducts operations pursuant to Minn. Stat. § 342.37 and Minn. Stat. § 342.38.
Cannabis transporter means a cannabis business that conducts operations pursuant to Minn. Stat. § 342.35
and Minn. Stat. § 342.36.
Cannabis wholesaler means a cannabis business that conducts operations pursuant to Minn. Stat. § 342.33
and Minn. Stat. § 342.34. A cannabis wholesaler may also include a cannabis transporter.
Cemetery means land used or intended to be used for the burial of the dead.
Certificate of survey means a document drawn to scale, the accuracy of which is attested to by a registered
land surveyor, depicting the boundaries of a property, the location of all easements, monuments, and setback lines
on the property, a north-pointing arrow, a scale, and such other information as may be pertinent to its purpose.
Clubs, public and private means a place of assembly and activity where membership is required and is
directed toward and limited to people with specific interests or a specific group, and where the sponsoring
organization is nonprofit. Activities directed toward the general public may be allowed, provided said activities are
accessory to the operation of the club.
Cluster housing means a development technique that concentrates buildings in specific areas on a site to
allow the remaining land to be used for open space.
Cocktail room means a microdistillery or a distilled spirits manufacturer who is licensed to sell on-sale
intoxicating liquor on the premises of or adjacent to one distillery location owned by the distiller.
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Commercial/industrial building means any building used for the production, processing, storage or display of
a product or service intended for sale to a second party, or used in the production, processing, storage or display
of a component thereof. For the purposes of this chapter, agricultural buildings are not defined as
commercial/industrial buildings.
Commercial recreation, indoor means a recreational activity conducted in a totally enclosed building with
four walls and a roof, such as personal fitness, swimming, bowling, roller skating or ice skating, billiards, movie
theaters, and other similar amusements that are operated as a business.
Commercial recreation, outdoor means a recreational activity conducted in the open air, or in a structure not
totally enclosed by four walls and a roof, including pavilions, open-air theater and concerts, rodeos, and other
similar amusements that are operated as a business.
Commercial speech means speech advertising a business, profession, commodity, service or entertainment.
Conditional use means designated land uses and activities that require flexible regulatory control based on
the use or activities, operational specifics, and relation to adjacent property and uses.
Conservation easement means an interest in real property that imposes the obligation to protect and use a
property for the preservation and maintenance of natural resources and open space.
Convenience stores and gas stations means a business for self or full-service motor fuel sales that may
include the sale of convenience groceries, fast foods and/or a restaurant, with no vehicle service or repair allowed.
Daycare, center means a state-licensed day care facility serving 17 or more children, typically operating as a
principal commercial or institutional use.
Daycare, family means a state-licensed family serving 12 or fewer children, or a group family day care home
serving up to 14 children when permitted by the licensing agency, conducted within and accessory to a single-
family residential use. Pursuant to Minn. Stat. § 462.357, this use shall be considered a permitted single-family
residential use.
Daycare, group means a state-licensed day care facility serving 13 to 16 children that does not meet the
requirements of group family day care serving up to 14 children when permitted by the licensing agency. Pursuant
to Minn. Stat. § 462.357, this use shall be considered a multifamily residential use.
Density means the number of dwelling units per acre of net developable land area as regulated by the
applicable zoning district.
Distribution center means a facility primarily used for the receipt, storage, sorting, and distribution of goods,
products, or materials to retail, wholesale, or end users. Such facilities may include warehousing, logistics
operations, accessory office space, and on-site retail sales to the general public.
Dock means a horizontal open platform, with or without attached railings, seats, or other features, that
extends over a waterbody.
Domestic animals means pets, livestock, and poultry as defined in this chapter.
Drive-in business means an establishment at which patrons may access, purchase and/or consume products
or services from their motor vehicle.
Drive-through business means an establishment where employees conduct business or exchanges with
customers who drive up to a window and remain in their vehicles.
Driveway means a private access road, the use of which is limited to persons residing, employed, or
otherwise using or visiting the parcel of land on which it is located.
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Dwelling means a building or portion thereof, designated exclusively for residential occupancy, but not
including hotels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel
trailers.
Dwelling, Apartment means a building designed with three (3) or more dwelling units exclusively for
occupancy by three (3) or more families living independently of each other but sharing hallways and main
entrances and exits.
Dwelling, Attached means a building where a dwelling unit is joined in a horizontal fashion to one or more
dwelling units by party wall or walls.
Dwelling, Detached means a dwelling unit entirely surrounded by open space.
Dwelling, Multi-family means three (3) or more dwelling units grouped into one building.
Dwelling, Single-family means a building designed for and occupied exclusively by one (1) family.
Dwelling, Two-family means a building designed for occupancy by two (2) families in separate dwelling units.
Dwelling, Townhouse means a single structure consisting of at least three attached dwelling units, each unit
having its own direct exterior entrance at or near the ground level with no sharing of a common hallway for entry.
Dwelling Unit means a residential building or portion thereof intended for occupancy by one or more
persons with facilities for living, sleeping, cooking and eating. The definition does not include hotels, tents,
seasonal cabins, boarding or rooming houses, motor homes, or travel trailers, nor does it include licensed
residential facilities (e.g., assisted living, memory care, skilled nursing) that do not provide cooking facilities within
resident rooms.
Dwelling Unit, Accessory apartment means a room or suite of rooms, including sleeping facilities, dedicated
for the use of persons living separately from others in the building that is attached to the principal structure.
Dwelling unit, Accessory means supplemental living quarters, detached from a primary single-family
residence and clearly secondary to a primary residence. The living quarters are not intended to provide a second
dwelling unit on the property for a second family or for rental purposes.
Easement means a grant of one or more of the property rights pertaining to a parcel of land by the owner to,
or for the use by, the public, a corporation, or another person or entity.
Edible cannabis product means a product as defined under Minn. Stat. § 342.01, subd. 31.
Engineer, professional (registered) means a person licensed by the Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior Design, to practice engineering in the state.
Escrow means a cash deposit, or other acceptable security of monetary value, held by an individual or firm in
trust to ensure payment of expenses, costs, or other financial commitments.
Essential government facility means a building, structure, plant or property utilized by a government entity
and necessary for accomplishing one or more of its public responsibilities.
Essential public service means the erection, construction, alteration, or maintenance by public or private
utilities of underground or overhead telephone, natural gas, electrical, steam, hot water, or water transmission,
distribution, collection, supply or disposal systems, including poles, wires, mains, drains, hydrants, and other
similar equipment. Transmission reception antennas are not an essential service. The term includes any essential
government facility as defined in this section. The term also includes any government services.
Exterior storage means the storage of goods, materials, equipment, manufactured products, and similar
items not enclosed in a building with four walls and a roof. This definition includes motor vehicles kept for periods
greater than 24 hours for commercial purposes.
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Family means an individual or two or more persons related by blood, marriage or adoption, or a functional
family living together in a dwelling unit and sharing common cooking facilities.
Family, functional means a group of no more than six people plus their offspring, having a relationship which
is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a
demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any
society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where
the common living arrangement or basis for the establishment of the housekeeping unit is temporary.
Farm fence is defined as follows:
(1) Fences consisting of at least 32-inch woven wire and two barbed wires firmly fastened to well-set posts
not more than one rod apart, the first barbed wire being above and not more than four inches from
the woven wire and the second barbed wire being above and not more than eight inches from the first
wire;
(2) Fences consisting of at least 40-inch woven wire and one barbed wire firmly fastened to well-set posts
not more than one rod apart, the barbed wire being above and not more than four inches from the
woven wire;
(3) Fences consisting of woven wire at least 48 inches in height, and one barbed wire not more than four
inches above the woven wire firmly fastened to well-set posts not more than one rod apart;
(4) Fences consisting of at least four barbed wires with at least 40 barbs to the rod, the wires firmly
fastened to posts not more than one rod apart, the top wire not more than 48 inches high and the
bottom wire 12 to 16 inches from the ground.
A farm fence is not considered to be a structure under this chapter.
Farmhand living quarters means a secondary dwelling unit located on a parcel used for a bona fide
agricultural operation, intended for occupancy by farm employees or family members engaged in agricultural
activities on the property. Such living quarters are accessory to the principal agricultural use and are subject to the
requirements and limitations established in this chapter.
Farmstead means a single parcel of land greater than ten acres in size which includes a house as well as a
minimum of ten acres of cropland, pasture or other fields used for agricultural purposes. Accessory buildings used
for agricultural purposes may be included as part of a farmstead.
Feedlot means a lot or building, or combination of lots and buildings, intended for the confined breeding,
raising, or holding of animals, and specifically designed as a confinement area in which manure may accumulate or
where concentration of animals is such that vegetative cover cannot be maintained. Open lots used for feeding
and rearing of poultry are considered feedlots. Pastures are not considered feedlots.
Fence means and includes a structure or partition erected for the purpose of enclosing a piece of land or to
divide a piece of land into distinct portions. The term "fence" includes an enclosure about a field or any other
place, and especially an enclosing structure of wood, iron or other material intended to prevent intrusion from
without or straying from within.
Flag means a rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a
nation), signaling device (nautical), or attention-getting device (advertising).
Flood means a temporary rise in stream flow or a stage that results in inundation of the areas adjacent to a
channel, lake or wetland.
Flood frequency means the average frequency at which a specific flood state or discharge may be equaled or
exceeded.
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Flood fringe means that portion of the floodplain located out of the floodway. Flood fringe is synonymous
with the term "floodway fringe" used by the Federal Emergency Management Agency in preparing the city's official
flood map.
Floodplain means the area that is expected to be covered with floodwaters during a regional flood.
Floodproofing means provisions, changes or adjustments to properties and structures primarily made to
reduce or eliminate flood damages.
Floodway means the channel of the watercourse and those portions of the adjoining floodplains which are
reasonably required to carry and discharge the regional flood.
Frontage means the width of a lot or parcel abutting a public right-of-way measured at the property line.
Funeral home and mortuary means any facility where dead humans are taken to be prepared for burial. A
funeral home may or may not contain facilities to conduct remembrance services for the dead.
Garage, commercial means any garage, including parking ramps, other than a private garage.
Garage, private attached means an accessory portion of the principal building, on residential property that is
intended for the storage of private passenger vehicles and noncommercial trucks not exceeding 12,000 pounds
gross vehicle weight. No business or industry may be carried on in a private garage unless specifically authorized by
ordinance.
Ground mounted solar energy system means a solar energy system that is structurally mounted to the
ground, generally upon a pole or rack mount. A ground mounted system may be a fixed or tracking system.
Home occupation means any occupation or profession engaged in by the occupant of a residential dwelling
unit, except as provided by this chapter, which is clearly incidental and secondary to the residential use of the
premises and does not change the character of said premises.
Hotel means any building or portion thereof occupied as the more or less temporary abiding place of
individuals and containing three or more guest rooms, used, designated, or intended to be used, let, or hired out
to be occupied, or which are occupied by three or more individuals for compensation, whether compensation be
paid directly or indirectly, including motels and extended stay facilities.
Impervious surface means any ground cover that seals surface soils from the infiltration of surface waters.
Incidental use means an occasional, random or sporadic use of a property not directly related to the principal
use, but in keeping with the spirit and intent of the zoning district in which it is located.
Interim use means a use that is allowed for a limited period of time, subject to conditions imposed by the
city, and that may be terminated upon the occurrence of a specified event or date, in accordance with Minn. Stat.
§ 462.3597, as may be amended.
In-ground swimming pool means a swimming pool that is built into the ground.
Kennel means any place where four dogs or more over six months are kept, raised, sold, boarded, bred,
shown, treated, or groomed.
Kennel, commercial means a kennel where dogs are bred and/or sold for re-sale, individually or in litter lots,
whether or not any of these animals are also kept for personal use, and where the business may be a primary
source of income. Commercial kennels are also places where dogs are boarded, groomed or trained for a fee.
Kennel, hobby means a kennel where dogs are kept primarily for personal companionship, for recreational
enjoyment, or for performance events in addition to the purpose of improving the physical soundness and
temperament of such dogs, and where the breeding and selling of animals is incidental to occupancy of the
premises for residential purposes, and is not a primary source of income.
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Laboratory means a facility used for scientific research, testing, experimentation, or analysis, which may
include the handling, storage, and use of chemicals, materials, or equipment. Laboratories may be operated in
conjunction with industrial, medical, educational, or commercial uses.
Landing place means a level platform located at the top or bottom of a stairway, ramp, or building entrance,
intended to provide safe access and transition between different elevations. A landing place may include railings or
similar safety features and is typically limited in size to that necessary for ingress and egress.
Land surveyor, registered means a person licensed by the Board of Architecture, Engineering, Land Surveying,
Landscape Architecture, Geoscience, and Interior Design, to practice land surveying in the state.
Large above ground swimming pool means a swimming pool with a capacity over 5,000 gallons and/or a wall
height over 42 inches.
Large recreational equipment means and includes, but is not limited to, operable and licensed, as required by
the state, travel trailers, chassis-mounted campers, motor homes, tent trailers, slide-in campers, airplanes, and
converted buses, snowmobiles and trailers, boats/watercraft and trailers, fish houses and trailers, all terrain
vehicles, and utility trailers. The term "large recreational equipment" shall only include any unit that exceeds a
height of six feet and exceeds 18 feet in length. Minor appendages such as antennas, trailer tongues, windshields,
masts, etc., shall not be used when determining the length or height of the equipment. A fish house, boat, and
snowmobile or other recreational equipment, when stored or kept on a trailer, shall be considered as one unit. The
term "recreational equipment" does not include a motor vehicle designed or used for off-road racing, off-road use,
or demolition derby.
Livestock means cattle, horses, swine, sheep, goats, mules, donkeys, buffalo, cattalos, and poultry.
Livestock operation means the raising, feeding, breeding, or management of livestock for agricultural
purposes, including but not limited to cattle, swine, sheep, goats, poultry, and similar animals, whether for
production, processing, or sale.
Lot means a single parcel of land, separate from other parcels of land, of sufficient size to meet or exceed the
minimum zoning requirements of this chapter.
Lot of record means a single parcel of land, described by metes and bounds or by plat, for which a separate
deed has been filed in the county recorder's office, and subject to its own property tax identification number.
Lot line means the boundary line of a lot.
Front lot line means any lot line abutting a public or private street. In the case of a through lot, the
front line shall only be the one adjacent to the street which provides the primary access to the lot or towards
which the main building on the lot is oriented. In the case of a corner lot, the front lot line shall be both lot
lines abutting a public or private street.
Rear lot line means any lot line which is not a front lot line or a side lot line.
Side lot line means any lot line that intersects with the front lot line. A side lot line shall include any
linked segments or arcs which have a bearing which is within 45 degrees of a line drawn perpendicular to the
front lot line.
Lower-potency hemp edible product means a product as defined under Minn. Stat. § 342.01, subd. 50.
Lower-potency hemp edible manufacturer means a cannabis business that conducts operations pursuant to
Minn. Stat. § 342.45.
Lower-potency hemp edible retailer means a retail business that receives a state-issued license pursuant to
Minn. Stat. § 342.46.
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Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than the
basement area, is not considered a building's lowest floor.
Manufactured home means a manufactured structure of at least 320 square feet, intended for human
habitation, that is not affixed to or part of real estate, that is transportable in one or more sections, and that is
constructed and installed in accordance with the state's prefabricated structures and manufactured building code.
The term "manufactured home" does not include the term "motor home."
Manufactured home park means a tract of land designed, improved, and maintained as a location for
manufactured homes.
Manufactured structure means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the required
utilities.
Manufacturing means the compounding, processing, assembling, packaging, or testing of goods or
equipment, including research activities, conducted entirely within an enclosed structure and serviced by a modest
volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, glare,
vibration, smoke, dust or pollutants.
Marina means a dock or area that provides secure mooring for a number of watercraft, and which may offer
boating-related services.
Meat market means a retail establishment engaged in the sale of fresh or processed meat products, which
may include the cutting, packaging, or limited processing of meat for direct sale to consumers.
Meat processing facility means a facility that allows for the processing of noninspected USDA meats not
including slaughtering of animals.
Medical cannabis combination business means a cannabis business that can grow, manufacture, package,
label, and sell cannabis products to both medical patients and adult consumers, and conducts operations pursuant
to Minn. Stat. § 342.515.
Micro distillery means a distillery operated within the state producing premium, distilled spirits in total
quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minn. Stat. §
Chapter 340A.
Mining and excavation means the excavation, removal, and transport off of the site of the mining operation
of sand, gravel, soil, clay, and other natural deposits. The washing, compounding, and crushing of the material
taken from the site are incidental to the mining operation.
Motor freight terminal means a building in which freight is brought by motor truck and temporarily stored
and prepared for further shipment by motor truck.
Motor home.
(1) The term "motor home" means a vehicular-type unit which:
a. Is built on a chassis or for use on a chassis;
b. Is designed primarily as living quarters for recreational or travel use;
c. Has its own motive power or is mounted on or drawn by another vehicle; and
d. Has a width not to exceed nine feet and a length not exceeding 40 feet.
(2) The term "motor home" is limited to:
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a. Vehicles originally manufactured and sold as recreational vehicles meeting the four conditions
listed in subsection (1) of this definition; or
b. Vans or buses specifically modified to meet the four conditions listed in subsection (1) of this
definition.
(3) The term "motor home" does not include manufactured homes.
Motor vehicle repair business, major means repair of a motor vehicle that includes all services found in minor
motor vehicle repair in addition to auto body and paint shops, but excluding tow lots.
Motor vehicle repair business, minor means repair of a motor vehicle in regards to brakes, transmission, tires,
and other similar repairs, excluding auto body shops, paint shops, and tow lots.
Net developable land area means the portion of the property that excludes any existing right-of-way,
wetlands, steep slopes, and floodplain.
Noncommercial speech means messages not classified as commercial speech which include, but are not
limited to, messages concerning political, religious, social, ideological, public service and informational topics.
Nonconforming use, illegal means a lot, building, structure, premises or use unlawfully established and in
violation of regulations applicable at the time of its development or initiation.
Nonconforming use, lawful means a lot, building, structure, premises or use lawfully established prior to the
adoption of this chapter, or any amendment thereto that does not now conform with the applicable conditions or
provisions of this chapter for the districts in which it is located.
Nondomestic animals means all animals other than humans, livestock, poultry, and pets.
Obstruction, floodplain means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse, or regulatory flood hazard area that may, by itself or by
catching or collecting debris carried by such water, impede, retard or change the direction of the flow of water, or
that may be carried by the flow of water downstream to the damage of life or property.
Office of cannabis management means the state agency known as the Minnesota Office of Cannabis
Management.
Open or outdoor services, sale, and rental means the conduct of services or the sale or rental of goods that
occurs outside of a fully enclosed building, including areas used for display, storage, or customer interaction,
whether on a temporary or permanent basis, and subject to the requirements of this chapter.
Outdoor display of merchandise for sale means the placement or arrangement of goods outside of a building
for the purpose of display and sale, where such display is accessory to a principal business located on the same site
and conducted within a permanent structure or designated area.
Open space means land areas protected from future development that are not occupied by a building,
structure, parking area, street, alley, or required yards, and used for agriculture, natural habitat, landscaping,
pedestrian corridors, or recreational purposes.
Parcel means an individual lot, tract, or plat of land.
Permitted use means a use which may be lawfully established in a particular zoning district or districts,
provided it conforms with all requirements, regulations, and performance standards of such district specified in
this chapter.
Personal and professional services means nonretail services involving predominantly the handling of
information or the performance of administrative services which may include services provided both on site and
off site on a walk in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate,
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travel agencies, financial agencies, insurance offices and professional services which include, but are not limited to:
legal, psychology, and accounting services.
Personal health and beauty services means the selling of services that involve personal health and beauty
care and treatment to clients on a walk in or appointment basis. These services include, but are not limited to:
barbershops, beauty salons, nail salons, weight loss services, and tanning salons.
Pet animals means dogs, cats, birds, ferrets, hamsters, gerbils, small reptiles, and similar animals commonly
kept in homes for companionship, but not including livestock, poultry, wildlife, or rare and exotic animals.
Places of assembly means a public or semi-public recreational buildings and neighborhood or community
centers; limited to nursery, elementary, junior high and senior high schools; religious institutions such as churches,
chapels, temples, mosque, and synagogues; public and private clubs, and meeting places.
Plainly audible means any sound that can be detected by a person using his or her unaided hearing faculties.
The enforcement officers need not to determine the title of a song, specific words, or the artist performing the
song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.
Planned unit development means a residential or commercial development guided by a total design plan in
which one or more of the zoning or subdivision regulations are waived or varied from to allow flexibility and
creativity in site design and/or use.
Plant canopy means the surface area within a cannabis cultivation facility that is used at any time to cultivate
mature, flowering cannabis plants. For multiple tier cultivation, each tier of cultivation surface area contributes to
the total plant canopy calculation. This calculation does not include the surface area within the cultivation facility
that is used to cultivate immature cannabis plants and seedlings.
Plant nursery means a business growing and selling trees, flowering and decorative plants, and shrubs.
Poultry means chickens, turkeys, emus, ostriches, and domesticated ducks, geese, and pigeons.
Principal use means the main use of a land or building as distinguished from accessory or incidental uses. A
principal use may be either a permitted or conditional use.
Public recreational field, structure and building means an area of land, water, or any building where
amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or
permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf
course, arena, baseball park, stadium, or gymnasium is a recreation field or building for the purpose of this
chapter.
Public waters means all lakes, ponds, swamps, streams, drainageways, floodplains, floodways, natural
watercourses, underground water resources, and similar features involving, directly or indirectly, the storage,
conveyance or control of water, and all those waters defined in Minn. Stats. § 103G.005, subd. 15.
Public waters wetlands means all type 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife
Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are ten or more
acres in size in unincorporated areas, or 2½ or more acres in incorporated areas.
Rare and exotic animals means animals defined, listed, and regulated by the U.S. Department of Agriculture
as rare and exotic.
Recycling center means any location where scrap materials are collected, stored, sorted, and prepared for
shipment, sale, or reuse.
Regional flood means a flood that is representative of large floods known to have occurred generally in the
state, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of
the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood
insurance study for Washington County, Minnesota and Incorporated Areas dated February 3, 2010.
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Regulatory flood protection elevation means an elevation established to control land use for the purpose of
limiting property damage and loss of life due to flood. The regulatory flood protection elevation is two feet above
the regional flood elevation established in the Flood Insurance Study prepared for Washington County, Minnesota
and Incorporated Areas dated February 3, 2010 or identified in the city's Stormwater Management Plan in
locations where the regional flood elevation has not been established in the aforementioned Flood Insurance
Study, plus any increase in elevation caused by encroachment on the floodplain.
Residential equivalency means a unit of measure representing one housing unit.
Residential facility means any facility licensed by the state or county, which for gain or otherwise, regularly
provides one or more persons with 24 hours per day care, food, lodging, training, education, supervision,
habilitation, rehabilitation, and treatment. Residential facilities include, but are not limited to institutions under
the control of the commissioner of public welfare, foster homes, halfway houses, residential treatment centers,
maternity shelters, group homes, residential programs, or schools for handicapped children, as defined by Minn.
Stat. §462, as may be amended.
Residential facility, small means a state-licensed residential facility serving six or fewer persons, providing 24-
hour care in a residential setting. Pursuant to Minn. Stat. § 462.357, this use shall be considered a permitted
single-family residential use.
Residential facility, medium means a state-licensed residential facility serving 7 to 16 persons. Pursuant to
Minn. Stat. § 462.357, this use shall be considered a multifamily residential use.
Residential zoning district is a term representing the combined areas of the urban and rural residential
zoning districts.
Retail sales means the sale of small quantities of goods or materials to the ultimate consumer.
Riparian means located on the bank or shore of a natural watercourse, lake, or public waters.
Roof mounted solar energy system means a solar energy system that is structurally mounted to the roof of a
structure. These systems are generally affixed with a racking system and may be flush or angled.
Setback line means the required minimum horizontal distance between a building or structure, and the
related front, rear, or side property line.
Sexually oriented business means adult bookstores; adult motion picture sales, rentals and presentation;
adult massage parlors adult steam rooms and baths, adult companionship establishments; adult rap/conversation
parlors; adult cabarets; adult novelty businesses; adult motion picture arcades; and all commercial enterprises that
produce, distribute, sell, or promote goods and/or services that are comprised, totally or in part, of any of the
following:
(1) Materials depicting human sexual activity;
(2) Sexually oriented toys or devices (except birth control devices);
(3) Services or entertainment performed by persons in public or private while not wearing clothing which
covers the genitalia and female breast below a point above the top of the areola;
(4) The touching or fondling of human genitals, pubic region, buttocks, or female breast in public;
(5) Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;
(6) Use of animal or human ejaculation, sodomy, oral copulation, coitus or masturbation;
(7) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation,
bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of
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the following sexually oriented acts or conduct: Anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, picquerism, sapphism, or zooerasty.
Activities classified as obscene by Minn. Stat. § 617.241 are not included in this definition.
Shopping center means any grouping of two or more principal commercial buildings, whether a single lot or
abutting lots, under multiple or single ownership.
Shore impact zone means land located between the ordinary high-water level of a public water and a line
parallel to it at a distance of 50 percent of the structure setback requirement.
Shoreland means all land located within 1,000 feet of the ordinary high-water level of a lake, pond or
flowage, and 300 feet from a river or stream bank.
Shoreline is synonymous with the term "ordinary high-water level" (OHWL).
Short-term rental means any temporary occupancy of a dwelling unit, a portion of a dwelling unit, or any
other portion of a property or structure, which is offered for rent or occupancy to a transient as a dwelling for
fewer than 30 consecutive calendar days. This term does not mean bed and breakfast as otherwise defined in this
section.
Sign means a name, identification, description, display, illustration, structure or device that is affixed to,
painted on, or represented directly or indirectly upon a building or other surface and is legible off the premises. A
sign shall also include sign supports and brackets.
Sign, abandoned means a sign that no longer correctly advertises a bona fide business, lessor, lessee, owner,
activity, use product or service available on the premises where the sign is displayed for a continuous period of
three months.
Sign, advertising means a sign that directs attention to a business, profession, commodity, service, or
entertainment not sold or offered on the premises upon which the sign is located. Advertising signs shall include
billboards, poster panels, and other off-site signs.
Sign, awning means a sign that is painted or attached to an awning.
Sign, business identification means a sign which directs attention to a business, profession, commodity,
service or entertainment sold or offered on the property upon which the sign is located.
Sign, construction means any sign that displays information regarding the construction or development
under construction on the site in which it is displayed.
Sign, directional means a sign that serves primarily to direct traffic to the location of a place, area, or activity.
Sign, electronic graphic display means a sign or portion thereof displaying electronic images, graphics, or
pictures, with or without text information, defined by a small number of matrix elements using different
combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices. Electronic
graphic display signs include computer programmable, microprocessor controlled electronic or digital displays.
Electronic graphic display signs are prohibited from flashing or pulsing. This display shall be a static image and no
motion shall be displayed. Electronic graphic display signs include projected images or messages within these
characteristics onto buildings or other objects.
Sign, freestanding means a sign that is self-supporting and affixed to a frame structure, not attached to a
building.
Sign, garage sale means a temporary, on-site sign advertising a garage, yard, or similar sale.
Sign, grade of means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk
within the area between the sign and a line ten feet from the sign.
Sign, hanging means a sign that is suspended from a ceiling or overhang.
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Sign, home occupation means a sign located at a residence advertising a business conducted in the residence
or by a person in the residence.
Sign, menu/order board means a sign installed in a drive-through facility and intended for drive-though
customers that advertises the products available at the facility.
Sign, monument means a single- or double-sided sign that is constructed with its base affixed to the ground,
either directly or through a decorative base at least as wide as the sign.
Sign, nonconforming means any sign that does not conform to the regulations of this chapter.
Sign, off-site means a sign which advertises any business, product, person, event or service conducted, sold,
manufactured, or located off the premises where the sign is located.
Sign, on-site means a sign which advertises any business, product, person, event or service conducted, sold,
manufactured, or located on the premises where the sign is located.
Sign, permanent means any sign other than a temporary sign.
Sign, political means a sign pertaining to an election to any public office or any ballot measure.
Sign, public means any sign display intended primarily to promote items of general interest to the
community such as time, temperature, date, atmospheric conditions, news, and the like. This does not include any
information that would be related to the products or services at the display site.
Sign, projecting means any sign affixed to an outside exterior wall or soffit of any building and is not parallel
to the plane of the wall or soffit.
Sign, pylon means a sign that is supported by one or more upright poles or braces.
Sign, real estate means any sign about the sale, lease, or rental of land or buildings.
Sign, special event means any temporary sign that advertises the sale of a product or service sold on the
premises or otherwise directs attention to a specific site. Special event signs include banners, portable, pendants,
whether or not its mounted to the building or freestanding.
Sign, temporary means any sign used only temporarily and is not permanently mounted.
Sign, video display means a sign that changes its message or background in a manner or method of display
characterized by motion or pictorial imagery, which may or may not include text and depicts action or special
effects to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which
have the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands of
light, or expanding or contracting shapes. Video display signs include projected images or messages with these
characteristics onto buildings or other objects.
Sign, wall means a sign affixed to the exterior wall, mansard roof, or soffit of a building that is parallel to the
building wall. A wall sign does not project more than 12 inches from the surface to which it is attached, or extend
beyond the top of the parapet wall.
Sign, window means any sign placed on the interior window, or painted on a window such that it can be read
from the outside of the building.
Signs means [that] it is unlawful for any person to construct, erect, install, or maintain any sign in the City of
Hugo, except in conformance with this chapter.
Significant forested area means a stand or grouping of mature deciduous and/or evergreen trees
encompassing one-half acre or more of land at a density of at least 25 trees per acre. Plots of trees planted and
grown for sale as part of a nursery are not significant forested areas under this chapter.
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Significant historic site means a building, structure, archaeological site, or other place that is listed on the
national or state register of historic places, or meets the requirements for listing on the national or state historic
registers, or is designated as a significant historic site by the city council. All unplatted cemeteries meeting the
provisions of Minn. Stat. § 307.08 are significant historic sites.
Small above ground swimming pool means a swimming pool with a capacity of less than 5,000 gallons and
wall height 24 inches to 42 inches.
Solar access means unobstructed access to the solar resource on a lot or building, including access across
adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
Solar array means a group of solar panels wired together.
Solar energy easement means an easement that limits the height or location, or both, of permissible
development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing
access for the benefited land to wind or sunlight passing over the burdened land.
Solar energy system means a system whose primary purpose is to harvest energy by transforming solar
energy into another form of energy or transferring heat from a collector to another medium using mechanical,
electrical, or chemical means.
Solar farm means a solar energy system that is composed of multiple solar panels where the primary land
use, whether by footprint or visual impact or both, of the parcel is for a solar array. A solar farm produces energy
for wholesale to subscribers, or is capable of producing, or is otherwise intended to, produce energy beyond that
which is necessary solely for on-site use.
Solar hot water system means a system that heats or preheats water for building heating systems or other
hot water needs, including residential domestic hot water and hot water for commercial processes.
Solar panel means a panel designed to absorb the sun's rays as a source of energy for generating electricity
or heating.
Solar resource means a view of the sun from a specific point on a lot or building that is not obscured by any
vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. Standard
time on any day of the year.
Steep slope means land having an average slope exceeding 12 percent over a horizontal distance of 50 feet
or more in a shoreland area, or 30 percent or more over a horizontal distance of 50 feet in all other areas.
Structure means any building or appurtenance, including decks, porches, sheds, foundations, or similar
edifices that are artificially built up or composed of parts joined together in some definite manner.
Substantial improvement means within any consecutive 365-day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition, or other improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvements. Exceptions to this provision are as follows:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of an historic structure provided that the alteration will not preclude the structure's
continued designation as an historic structure.
Substantial pipeline means a pipe with a nominal diameter of six inches or more used to transport hazardous
liquids, and any pipe carrying gas at a pressure exceeding 275 pounds per square inch. Pipes used to transport
hazardous liquid by gravity, or within a refining, storage, or manufacturing facility, are not included in this
definition.
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Swimming pool means any structure, basin, chamber, or tank designed to hold water to enable swimming,
diving, recreational bathing, wading, or other leisure activities.
Taproom means a facility on the premises of, or adjacent to, a malt liquor beverage production facility
/ brewery intended for the on-sale and consumption of malt liquor produced by the brewer pursuant Minn. Stat. §
340A.26. A Taproom may include a restaurant.
Tasting room means an area used for accessory alcoholic beverage retail consumption on the premises
where the alcoholic beverages are produced.
Through lot means a lot with frontage on two parallel or approximately parallel streets.
Transient means any person who, at their own expense or at the expense of another, exercises occupancy or
possession, or is entitled to occupancy or possession, by reason of any rental agreement, whether in writing or
otherwise, concession, permit, right-of-access, option to purchase, license, time-sharing arrangement, or any other
type of agreement.
Variance means a modification or deviation from any zoning standard where it is determined that the strict
application of the standard would result in unnecessary hardships or practical difficulties due to the characteristics
of the land and not of the property owner. Variances may be granted with respect to the placement of structures
on the land, or the size of such structures, and the like. Variances may not allow the establishment of a use in a
district where such use is not permitted by ordinance.
Warehouse means a building in which goods, merchandise, or equipment are stored for eventual
distribution.
Water-oriented accessory structure means a small, above-ground structure or facility that has a reasonable
need to be located closer to public waters than the building setback line. Examples are: Boathouses, gazebos,
screen houses, fish houses, pump houses, and detached decks.
Wellhead means the top of a well where it reaches or protrudes above ground level.
Wholesale sales means the sale of commodities in large quantities for combining, processing, assembly, or
later resale.
Wildlife means animals, other than livestock, poultry, and pets, born in a native and untamed state.
Wind-powered generator means a device or system, including a wind turbine and supporting structures, that
converts wind energy into electrical energy for on-site use or distribution to a utility system.
Winery means a place that makes wine through the fermentation of grapes. This includes also sparkling
wine, vermouth, cider, mead, perry and sake.
Yard means an open space at grade between the building and the adjoining lot lines.
Front yard means the yard across the full width of the lot extending from the front lines of the principal
building to the front lot line. In the case of a corner lot, the front yard shall be recognized on both street
frontages.
Rear yard means the yard between the rear lot line and the rear line of the principal building and the
side lot lines.
Side yard means the yard between the principal building and the adjacent side of the lot, and
extending entirely from the front yard to the rear yard.
Zero lot line development means the location of a building on a lot in such a manner that one or more of the
building's sides rests directly on a lot line.
(Prior Code, § 1010-100.1; Ord. No. 2008-419, § 1(1010.100.1), 7-7-2008; Ord. No. 2007-414, § 1(1010-100.1), 12-
3-2007; Ord. No. 2009-427, § 1, 3-2-2009; Ord. No. 2008-428, § 1, 3-2-2009; Ord. No. 2009-434, § 1, 10-5-2009;
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Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-459, § 1, 10-3-2011; Ord. No. 2016-475, 12-21-2015; Ord. No.
2017-484, 6-5-2017; Ord. No. 2021-508, § 1, 9-20-2021; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-
2025)
Sec. 90-2. Rules of interpretation.
(a) For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:
(1) The words “shall” and “must” are mandatory while the word “may” is permissive.
(2) All measured distances expressed in feet shall be to the nearest tenth of a foot.
(3) When calculating parking stall requirements, any fraction of a number shall constitute an additional
parking space.
(4) Unless specifically exempted, size or area limitations imposed by this chapter on a specific use or
activity refer to the maximum gross area devoted to such use or activity in any individual building or
structure.
(5) For terminology not defined in this Chapter, elsewhere in the City Code, or in the Minnesota State
Building Code, Merriam-Webster's Collegiate Dictionary Eleventh Edition shall be used to define such
terms.
(6) In their interpretation and application, the provisions of this chapter shall be held as the minimum
requirements for the promotion of the public health, safety, morals, and welfare. Where the conditions
imposed by any provision of this chapter are either more restrictive or less restrictive than comparable
conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the
more restrictive or higher standard shall apply.
(7) Where a land use is stated as a principal, accessory, interim, or conditional use in any zoning district,
that use shall not be permitted in any other zoning district where it is not specifically allowed as a
permitted, accessory, interim, or conditional use.
(8) Where this chapter makes reference to any state, federal, or local rule, regulation or law, and
subsequently such rule, regulation or law is recodified, renumbered, or renamed, the reference herein
shall be changed automatically to match the new citation.
(Prior Code, § 1010-90.1)
Sec. 90-3. Purpose.
It is the intent of this chapter to establish regulations for the use, development and redevelopment of
property within the city in order to promote the public health, safety, morals, and general welfare consistent with
applicable law. This chapter is intended to incorporate a broad spectrum of land use regulations (including zoning,
subdivision, shoreland, and floodplain regulations) into a single document to promote their understanding by the
public, aid in their implementation, and ensure consistency between regulations. In addition to the above, this
chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as
44 Code of Federal Regulations Parts 59—78, as amended, so as to maintain the community's eligibility in the
National Flood Insurance Program.
(Prior Code, § 1010-20.1; Ord. No. 2009-434, § 1, 10-5-2009)
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Sec. 90-4. Warning and disclaimer of liability.
The city does not warrant, represent, or guarantee the safety or feasibility of any land use or structure
developed in accordance with these regulations. This chapter shall not create liability on the part of the city, or any
officer or employee thereof, for any damages that may result from reliance on this chapter or any administrative
decision made hereunder.
(Prior Code, § 1010-80.1)
Sec. 90-5. Implementation.
(a) Except as specifically provided in this chapter, no structure shall be erected, converted, enlarged, or altered,
and no structure or land shall be used for any purpose, nor in any manner that is not in conformity with this
chapter.
(b) Except as specifically provided in this chapter, no parcel or lot of land shall be subdivided or split into two or
more parcels or lots without approval of the city council.
(Prior Code, § 1010-50.1)
Secs. 90-6—90-28. Reserved.
- CODE OF ORDINANCES
Chapter 90 - ZONING AND LAND USE
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
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ARTICLE II. ADMINISTRATION AND ENFORCEMENT
Sec. 90-29. Introduction.
This article establishes the procedures and methods to be used by the city in the administration and
enforcement of this chapter. It defines roles and places responsibilities on individuals and agencies.
Commensurate authority is granted to persons as necessary to fulfill their duties as herein defined.
(Prior Code, § 1015-010.1)
Sec. 90-30. City council.
The city council adopts regulations and policies to protect and promote the public health, safety and welfare
as permitted or required by law. The council approves or denies all land use requests where such authority has not
specifically been granted to another agency or individual.
(Prior Code, § 1015-020.1)
Sec. 90-31. Planning commission.
(a) The planning commission shall serve as advisors to the city council by preparing and making
recommendations regarding the appropriateness of the city's comprehensive plan, zoning ordinance,
subdivision regulations, and such other matters that impact the orderly and efficient development of the
community. The planning commission shall act only as a body sitting in open session duly noticed, as
required by law. The planning commission may appoint a working group or individuals to prepare polices,
findings, and reports for consideration by the entire commission at a regular meeting thereof.
(1) The planning commission shall consist of seven persons, all residents of the city and eligible voters,
appointed by the city council for staggered four-year terms. The city attorney, city engineer, and city
health officer, or their representatives, may serve as nonvoting, ex officio members upon request of
the commission. Terms of office shall be staggered such that no more than two voting members' terms
shall expire in any one year.
(2) A quorum of the planning commission shall consist of four voting members, and it shall require the
affirmative vote of a majority of the planning commissioners present (so long as there is a quorum) to
approve any motion, resolution, or other official action.
(3) Commission officers shall include a chairperson, a vice-chairperson, and a secretary, all appointed
annually by the city council. The secretary need not be a member of the planning commission. The
chairperson and vice-chairperson have full voting rights and need not limit their votes to cases of a tie.
(4) Planning commissioners may be removed from office by the city council for:
a. Changing their place of residence to a location outside the corporate boundaries of the city or
otherwise not meeting the requirements for office.
b. Failure to perform their official duties, including not attending called and noticed meetings.
c. Behavior disruptive to the good order and efficiency of the commission.
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d. Moral turpitude.
(5) Vacancies on the planning commission shall be filled by the city council as soon as practical after the
vacancy occurs, and such appointments shall be made for the unexpired portion of the vacated term.
(6) One alternate member shall be appointed by city council. In the event of an absence of a regular
commission member, the alternate member shall temporarily fill the seat of the absent member and
exercise all powers of the regular member. An alternate member shall be appointed to a three-year
term and is subject to the same membership requirements as a regular member. An alternate member
is expected to attend all meetings and be prepared to participate and vote when necessary.
(7) Planning commission responsibilities:
a. To study, report, and make recommendations on amendments to the city's comprehensive plan
and land use regulations.
b. To conduct hearings and make recommendations regarding the issuance of conditional use
permits.
c. To conduct hearings and make recommendations regarding requests for rezoning.
d. To conduct hearings and make recommendations regarding the subdivision and platting of
property.
e. To review and make recommendations on commercial and industrial site plans.
f. To review and make recommendations on variances associated with site plans, preliminary plats,
and conditional use permits.
g. Perform such other duties as the city council may, from time to time, prescribe.
(Prior Code, § 1015-030.1; Ord. No. 2018-490, § 1, 10-15-2018)
Sec. 90-32. Board of appeals and adjustments.
(a) The board of appeals and adjustments hears and makes recommendations to the city council on appeals
where it is alleged that there is an error in any order, requirement, decision, or determination made by an
administrative officer with respect to this chapter, and to hear and make recommendations on request for
variances to the literal provisions of the regulations where the strict enforcement would cause undue
hardship because of circumstances unique to the property under consideration.
(1) The board of appeals and adjustments shall consist of one planning commission member, one city
councilmember, and one other resident of the city appointed annually by the city council. The council
shall appoint a presiding official and a secretary. The secretary need not be a member of the board.
(2) Member removal and replacement shall be as for planning commission members.
(3) A quorum of the board shall be two voting members, and it shall require two voting members to
approve any motion, resolution, or other official action.
(4) The board may adopt such other rules of procedure as are required to efficiently conduct their duties.
(5) Board of appeals and adjustments responsibilities:
a. Conduct hearings on requested variances to this chapter, and make a recommendation to the
city council whether such variance should be granted or not.
b. Hear appeals regarding alleged errors in any order, requirement, decision, or determination
made by an administrative officer in interpreting this chapter. Provide the city council a report as
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to their conclusions, and a recommendation on what corrective action, if any, is required to
correct any error that may occur.
c. Hear appeals to the city engineer's interpretation or establishment of floodplain, floodway, and
flood fringe boundaries. Provide the city council with a recommendation as to the elevation that
should be used to determine such boundaries.
(Prior Code, § 1015-040.1)
Sec. 90-33. Community development director or designee.
The city's community development director or designee receives and processes land use requests, maintains
a log of such requests, coordinates and compiles staff reviews of such requests, issues certificates of compliance in
accordance with the provisions of this chapter, schedules required hearings before the planning commission and
board of appeals and adjustments, and performs such other duties as may be required to ensure the efficient and
effective implementation of this chapter. The community development director or designee is appointed by the
city council based on identified knowledge, ability, and skill in land use planning and administration.
(Prior Code, § 1015-050.1)
Sec. 90-34. Building official.
The building official reviews all land use and building plans for compliance with the state building code, the
city's on-site sewage treatment and environmental regulations as herein defined. The building official issues
building permits, grading permits, certificates of occupancy, and other permits, as permitted by ordinance.
(Prior Code, § 1015-060.1)
Sec. 90-35. Fees.
It is the intent of the city to recover all costs associated with the administration of this chapter through the
collection of fees from applicants for permits, variances, zoning amendments, subdivisions and other land use
applications. The city council shall, from time to time, establish a schedule of fees to be charged by the city for
review, administration, and consideration of land use requests.
(Prior Code, § 1010-60.1)
Sec. 90-36. Site plan review.
(a) This section establishes a formal site plan review procedure and provides regulations to enforce site design
standards.
(1) The following shall be excepted from the foregoing requirements:
a. Agricultural uses.
b. Single-family detached dwellings.
c. Two-family attached dwellings.
(2) Prior to the formulation of a site plan, applicants may present a sketch plan to the community
development director or designee. The plan shall be conceptual but shall be drawn to scale with
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topography of a contour interval of ten feet, unless two-foot intervals are available, and may include
the following:
a. The proposed site with reference to existing development on adjacent properties, at least to
within 200 feet.
b. General location of proposed structures.
c. Tentative street arrangements, both public and private.
d. Amenities to be provided such as recreational areas, open space, walkways, etc.
e. General location of parking areas.
f. Proposed public sanitary sewer, water and storm drainage.
g. A statement showing the proposed gross and net density of the project with the method of
calculating said density also shown.
(3) The community development director or designee shall have the authority to refer the sketch plan to
the planning commission and/or city council for discussion, review, and informal comment. Any
opinions or comments provided to the applicant by the community development director or designee,
planning commission, and/or city council shall be considered advisory only and shall not constitute a
binding decision on the request.
(4) Project review.
a. Any project not classified as exceptions in subsection (1) of this section.
b. Pursuant to Minn. Stat. § 15.99, an application for site plan approval shall be approved or denied
within 60 days from the date of its official and complete submission unless extended pursuant to
statute, or a time waiver is granted by the applicant. If applicable, processing of the application
through required state or federal agencies shall extend the review and decision-making period an
additional 60 days unless this limitation is waived by the applicant. Additional city requirements
are as follows:
1. Request for site plan approval, as provided within this chapter, shall be filed with the
community development director or designee on an official application form. Such
application shall be accompanied by a fee as provided for in this Code. Such application
shall also be accompanied by detailed written and graphic materials, the number and size
as prescribed by the community development director or designee, fully explaining the
proposed change, development, or use. The request shall be considered as being officially
submitted and complete when the applicant has complied with all the specified
information requirements.
2. Proof of ownership or authorization. The applicant shall supply proof of ownership of the
property for which the site plan approval is requested or supply written authorization from
the owner of the property in question to proceed with the requested site plan approval.
3. The community development director or designee shall instruct the appropriate staff
persons to prepare technical reports where appropriate, and provide general assistance in
preparing a recommendation on the action to the planning commission and the city
council.
4. The planning commission and city staff shall have the authority to request additional
information from the applicant concerning operational factors or to retain expert
testimony with the consent and at the expense of the applicant concerning operational
factors. Said information is to be declared necessary to evaluate the request and/or to
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establish performance conditions in relation to all pertinent sections of this chapter. Failure
on the part of the applicant to supply all necessary supportive information may be grounds
for denial of the request.
5. The applicant or a representative thereof may appear before the planning commission in
order to present information and answer questions concerning the proposed request.
6. The planning commission shall recommend such actions or conditions relating to the
request as they deem necessary to carry out the intent and purpose of this chapter.
7. The city council shall not consider a site plan application until they have received a report
and recommendation from the planning commission. If, however, the planning commission
has not acted upon the request after 60 days from the first regular meeting at which the
request was considered, the city council may proceed with its considerations and action on
the request.
8. Upon receiving the report and recommendation of the planning commission, the city
administrator shall schedule the application for consideration by the city council. Such
reports and recommendations shall be entered in and made part of the permanent written
record of the city council meeting.
9. The applicant or a representative thereof may appear before the city council in order to
present information and answer questions concerning the proposed request.
10. The city council shall reach a decision on the request within 60 days after the meeting at
which the matter was first considered by the council. Approval of a request shall require
passage by a majority vote of the entire city council.
c. Prior to receiving approval of an application for a major project, the applicant shall provide
certification to the city that there are no delinquent property taxes, special assessments, interest,
or city utility fees due upon the parcel of land to which the major project application relates.
(5) The planning commission and city council shall evaluate the effects of the proposed site plans. This
review shall be based upon, but not be limited to, compliance with the city comprehensive plan and
provisions of this chapter.
(6) The information required for all site plan applications generally consists of the following items, and
shall be submitted when requested and specified by the community development director or designee:
a. Site plan.
1. Name and address of developer/owner.
2. Name and address of architect/designer.
3. Date of plan preparation.
4. Dates and description of all revisions.
5. Name of project or development.
6. Scale of plan (engineering scale only, at one inch equals 50 feet or less).
7. North-point indication.
8. Lot dimension and area.
9. Required and proposed setbacks.
10. Location, setback and dimension of all buildings on the lot including both existing and
proposed structures.
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11. Location of all adjacent buildings located within 100 feet of the exterior boundaries of the
property in question.
12. Location, number, and dimensions of existing and proposed parking spaces.
13. Location, number, and dimensions of existing and proposed loading spaces.
14. Curb cuts, driveways.
15. Vehicular circulation.
16. Sidewalks, walkways.
17. Location and type of all proposed lighting.
18. Location of recreational and service areas.
19. Location of rooftop equipment and proposed screening.
20. Provisions for storage and disposal of waste, garbage, and recyclables.
21. Location, sizing, and type of water and sewer system mains and proposed service
connections.
b. Grading/stormwater drainage plan.
1. Existing contours at two-foot intervals.
2. Proposed grade elevations, two-foot maximum intervals.
3. Drainage plan including configuration of drainage areas and calculations.
4. Storm sewer, catchbasins, invert elevations, type of castings, and type of materials.
5. Spot elevations.
6. Proposed driveway grades.
7. Surface water ponding and treatment areas.
8. Erosion control measures.
c. Landscape plan.
1. Planting schedule (table) containing:
i. Symbols.
ii. Quantities.
iii. Common names.
iv. Botanical names.
v. Sizes of plant material.
vi. Root specification (bare root, balled and burlapped, potted, etc).
vii. Special planting instructions.
2. Location, type and size of all existing significant trees to be removed or preserved.
3. Planting detail showing all species to scale at normal mature crown diameter or spread for
local hardiness zone.
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4. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms
and the like.
5. Typical sections of landscape islands and planter beds with identification of materials used.
6. Details of planting beds and foundation plantings.
7. Note indicating how disturbed soil areas will be restored through the use of sodding,
seeding, or other techniques.
8. Delineation of both sodded and seeded areas with respective areas in square feet.
9. Coverage plan for underground irrigation system, if any.
10. Where landscape or manmade materials are used to provide screening from adjacent and
neighboring properties, a cross-through section shall be provided showing the perspective
of the site from the neighboring property at the property line elevation.
11. Other existing or proposed conditions which could be expected to affect landscaping.
d. Other plans may be submitted in combination pursuant to approval by the community
development director or designee.
1. Architectural elevations of all principal and accessory buildings (type, color, and materials
used in all external surfaces).
2. Typical floor plan and typical room plan.
3. Fire protection plan.
4. Extent of and any proposed modifications to land within the wetland, shoreland, or
floodplain districts as described and regulated by this Code.
5. Type, location and size (area and height) of all signs to be erected upon the property in
question.
6. Sound source control plan.
(7) Proposed minor structural additions involving ten percent or less of the total existing floor area and
proposed minor site expansions or modifications involving ten percent or less of the total existing site
area which meet all ordinance requirements may be approved by the community development
director or designee prior to a building permit being issued and shall not require planning commission
or council review, subject to the following:
a. This subsection (7) shall apply in the cases of new developments which have received city council
plan approval, but for which building permits have yet to be taken; and this subsection (7) shall
apply to existing developments on file which have city council approved site plans.
b. Compliance with all ordinance requirements shall be construed to include all adopted policies
and codes.
c. Any variances from ordinance and policy requirements shall be subject to the established review
and hearing procedures for plan and variance approval.
d. Plans submitted for minor structural additions or minor site alterations under the terms of this
subsection (7) shall be the same as those required for site plan approval.
e. A copy of the plans approved under this subsection (7) shall be appropriately certified by the
community development director or designee and placed on file with the city council approved
plans.
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f. An amended site plan involving major changes shall be applied for and administered in a manner
similar to that required for a new site plan.
(8) Lapse of approval.
a. Unless otherwise specified by the community development director or designee or city council,
as may be applicable, the site plan approval shall become null and void one year after the date of
approval unless the property owner or applicant has substantially started the construction of any
building, structure, addition or alteration, or use requested as part of the approved plan. The
property owner or applicant shall have the right to submit an application for time extension in
accordance with subsection (8)b of this section.
b. An application to extend the approval of a site plan for up to an additional one year shall be
submitted to the community development director or designee not less than 30 days before the
expiration of said approval. Such an application shall state the facts of the request, showing a
good faith attempt to utilize the site plan approval, and it shall state the additional time being
requested to begin the proposed construction. The request shall be heard and decided by the
community development director or designee prior to the lapse of approval of the original
request. A request pertaining to a major project involving a period of time longer than one year
or a second request for a time extension shall be presented to the planning commission for
recommendation and to the city council for a decision.
(9) The review and approval of site improvements pursuant to the requirements of city-adopted building
and fire codes shall be in addition to the site plan review process established under this section. The
site plan approval process does not imply compliance with the requirements of these building and fire
codes.
(10) All site and construction plans officially submitted to the city shall be treated as a formal agreement
between the building contractor and the city. Once approved, no changes, modifications or alterations
shall be made to any plan detail, standard, or specifications without prior submission of a plan
modification request to the community development director or designee for review and approval.
(11) The community development director or designee shall have the authority to order the stopping of any
and all site improvement activities, when and where the building official has officially documented a
violation of the provisions of this section.
(Prior Code, § 1015-070.1)
Sec. 90-37. Conditional use permits.
(a) Applications for conditional use permits shall be made to the community development director or designee
on forms provided by the city. To be considered complete, the application shall include:
(1) The applicant's name, address, and telephone number.
(2) The legal description and address of the property to which the permit shall apply.
(3) Proof of ownership of the property to which the permit shall apply. Only the property owner may apply
for a permit, and all owners of record must sign the application and agree to the permit.
(4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued
to the site, if required by the building official, to determine compliance with ordinance and law.
(5) A statement as to the zoning classification of the property.
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(6) Such detailed information as is required to ensure compliance with ordinance and law for the issuance
of the permit, and the activities to be undertaken resulting from the permit. This may include, but is
not limited to, topographic survey of the property and a wetlands delineation of the property.
(7) A general description of the site, including topography, soils, vegetation, and adjacent public waters.
(8) Where part or all of the property subject to the proposed conditional use permit lies within a Zone A or
a Zone AE where a floodway has not been provided on the Flood Insurance Rate Map panels adopted
in section 90-138 within the floodplain district, a survey of the site prepared by a registered land
surveyor, in a scale not less than one inch equals 100 feet, shall be provided. Such survey shall include:
a. A surface view showing elevations or contours of the ground; pertinent structure, fill, or storage
elevations; size, location, and spatial arrangement of all proposed and existing structures and
facilities on the site.
b. A profile of any stream, channel or ditch for at least 500 feet in either direction of the proposed
development showing the slope and flow line of the conveyance system, and its relationship to
the proposed development.
c. A typical valley cross section of the channel of the stream or basin, elevation of the land areas
adjoining each side of the channel or basin, cross sections of areas to be occupied by the
proposed development, and high-water information.
d. Specifications for building construction and materials, flood-proofing, filling, dredging, grading,
channel improvements, storage of materials, water supply, and sanitary facilities.
e. The applicant shall be responsible to submit one copy of the above information to the city
engineer for technical assistance in determining whether the proposed use is in the floodway or
flood fringe and to determine the regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations, Part 6120.5000—6120.6200 and 44 Code Federal Regulations Part
65 shall be followed in this expert evaluation. The designated engineer or expert shall:
i. Estimate the peak discharge of the regional flood.
ii. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of
the stream channel and overbank areas.
iii. Compute the floodway necessary to convey or store the regional flood without increasing
flood stages more than 0.5 foot. A stage increase of less than .5' shall be required if, as a
result of the additional stage increase, increased flood damage would result. An equal
degree of encroachment on both sides of the stream within the reach shall be assumed in
computing floodway boundaries.
f. If the project that requires a conditional use permit is deemed in the floodplain district the
following additional information shall be provided:
i. The applicant shall furnish any of the following information and additional information as
deemed necessary by the city for determining the suitability of the particular site for the
proposed use:
A. Plans drawn to scale showing the nature, location, dimensions, and elevation of
the lot, existing or proposed structures, fill, storage of materials, flood proofing
measures, and the relationship of the above to the location of the stream
channel; and
B. Specifications for building construction and materials, flood proofing, filling,
dredging, grading, channel improvement, storage of materials, water supply
and sanitary facilities.
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ii. The applicant shall transmit one copy of the information described in subsection (i) to a
designated engineer or other expert person or agency for technical assistance, where
necessary, in evaluating the proposed project in relation to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy of the plans for protection, and
other technical matters
iii. Based upon the technical evaluation of the designated engineer or expert, the City shall
determine the specific flood hazard at the site and evaluate the suitability of the proposed
use in relation to the flood hazard.
(9) Application fees and escrow, as established by the city council.
(b) Upon receipt of a completed application for a conditional use permit, the community development director
or designee shall schedule the application for a hearing before the planning commission.
(1) If the conditional use permit application relates to any floodplain or shoreland area, notice of the
application shall be provided to the commissioner of the department of natural resources at least ten
days prior to the hearing date.
(2) If the conditional use permit application relates to any development fronting a county highway, the
county engineer shall be given notice of the application ten days prior to the hearing date.
(3) Notice of the conditional use permit application shall be provided to the property owner of record for
properties located within 350 feet of the lot or parcel to which the application applies, at least ten days
prior to the hearing date.
(4) If the application relates to the floodplain district, the city engineer shall determine as necessary, the
100-year flood elevation, floodway, and flood fringe boundaries and also make a determination and
report to the planning commission the impact the proposed use will have on the floodplain, including
any expected increase to the regional flood elevation and peak discharge of the regional flood. Such
determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in
accordance with Minnesota Rules 6120.5000—6120.6200, and assume an equal degree of
encroachment on both sides of the stream within the reach. In making a determination, the city
engineer shall use existing floodway and flood fringe boundaries shown as Zone AE on the city's official
floodplain map. The property owner may request a map revision in accordance with section 90-138.
(c) In order to recommend approval of a conditional use permit, the commission must find all of the following:
(1) The proposed use is permissible by law.
(2) The proposed use is in keeping with the spirit and intent of this chapter.
(3) The proposed use is compatible with the city's comprehensive plan, and the character of the
surrounding area.
(4) The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities.
(5) The proposed use has adequate road access, and does not reduce the safety or capacity of the public
road system. Road access shall be no lower than the regional flood elevation.
(6) The technical evaluation of the floodplain, if required, accurately represents the conditions and
boundaries of the floodplain area, as well as correctly represents the proposed use's impact on the
floodplain.
(7) The proposed use may not create a danger that materials may be swept onto other lands, or
downstream to the injury of others, or block bridges, culverts, or other hydraulic structures.
(8) The proposed use will not damage or reduce the benefits the public receives from public waters.
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(9) If located in the shoreland overlay district, the waterbody will be able to safely accommodate the
number, type, and uses of the watercraft the project will generate.
(10) If located in the shoreland overlay district, all structures and facilities are buffered from view from
public waters.
(11) If the permit is to approve a wetlands replacement plan, the plan is in conformance with the rules of
the state board of soil and water resources for such plans.
(12) The applicant or operator shall obtain all necessary state and local permits for the conditional use.
(13) The proposed use is adequately buffered and screened from noncompatible land uses and public
rights-of-way.
(d) In order to recommend denial of a conditional use permit, the planning commission must find that the
proposed use will not meet one or more of the conditions found in subsection (c) of this section.
(e) The planning commission may recommend and the city council may place restrictions, conditions and
requirements on a conditional use permit to protect the health, safety, and welfare of the community,
mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and
regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are
not limited to:
(1) Modification of waste treatment and water supply facilities.
(2) Limitations on period of use, occupancy, and operation.
(3) Requirements for the construction of channel modifications, compensatory floodwater or stormwater
storage, dikes, levees, and other protective measures.
(4) Floodproofing measures in accordance with the state building code and this chapter.
(5) Buffering and screening measures.
(f) The community development director or designee shall, within ten days of city council approval of any
conditional use permit, provide one copy of the completed permit to the applicant, the city clerk, and for
permits issued in the floodplain district or shoreland district, to the commissioner of the department of
natural resources.
(Prior Code, § 1015-080.1; Ord. No. 2009-434, § 1, 10-5-2009)
Sec. 90-38. Interim use permits.
(a) Interim use permits establish a framework for the regulation of temporary land uses, under certain
conditions, that would otherwise not be allowed under the zoning regulations.
(b) The city council may authorize interim uses of property by issuance of interim use permits. Interim uses that
are not consistent with the land use designated on the adopted land use plan may be authorized. Interim
uses that fail to comply with the zoning standards established for the district within which the use is located
may also be authorized.
(c) Standards.
(1) The term of an interim use permit shall not exceed three years.
(2) Because of its temporary nature, an interim use permit shall not be renewed. Continuation of an
interim use beyond the date of expiration of its interim use permit requires approval of a new interim
use permit. Home occupations are exempt from this standard and shall be under the standard of
subsection 90-230(h).
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(d) Applications for interim use permits shall be made to the community development director or designee on
forms provided by the city. To be considered complete, the application shall include:
(1) All items under section 90-37(a) for conditional use permits.
(2) A narrative of information to fully describe the nature of the request and use, its operation and
intensity, location on site, potential impact to surrounding properties, and site improvements
necessary to conduct the use.
(3) A statement from the applicant with the date or event that will terminate the temporary use.
(e) Upon receipt of a completed application for an interim use permit, the community development director or
designee shall schedule the application for a hearing before the planning commission.
(1) If the interim use permit application relates to any floodplain or shoreland area, notice of the
application shall be provided to the commissioner of the department of natural resources at least ten
days prior to the hearing date.
(2) If the interim use permit application relates to any development fronting a state highway and/or a
county highway, the Minnesota Department of Transportation and/or county engineer shall be given
notice of the application ten days prior to the hearing date.
(3) Notice of the interim use permit application shall be provided to the property owner of record for
properties located within 350 feet of the lot or parcel to which the application applies, at least ten days
prior to the hearing date.
(4) If the application relates to any floodplain, the city engineer shall make a determination and report to
the planning commission the impact the proposed use will have on the floodplain, including any
expected increase to the regional flood elevation and peak discharge of the regional flood. Such
determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in
accordance with Minnesota Rules 6120.5000—6120.6200, and assume an equal degree of
encroachment on both sides of the stream within the reach. In making a determination, the city
engineer shall use existing floodway and flood fringe boundaries shown as numbered A zones on the
city's official floodplain map. The property owner may request a map revision in accordance with
section 90-138.
(f) In order to recommend approval of an interim use permit, the commission must find all of the following:
(1) The use shall conform to all zoning regulations.
(2) The use will not delay the permanent development of the site or prevent the orderly development of
surrounding sites.
(3) The use will not adversely impact implementation of the comprehensive plan.
(4) The use will not be in conflict with any provisions of the code.
(5) The use will not adversely impact nearby properties through characteristics including but not limited
to, nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health,
safety and welfare of the community.
(6) The date or event that will terminate the use has been identified with certainty.
(7) The use shall not cause or impose additional costs to the City of Hugo.
(g) The planning commission may recommend and the city council may place restrictions, conditions and
requirements on an interim use permit to protect the health, safety, and welfare of the community, mitigate
unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and
ensure compliance with the conditions of the permit. These conditions may include, but are not limited to:
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(1) Buffering and screening measures.
(2) Ingress and egress to the property.
(3) Parking.
(4) Landscaping.
(5) Design and location compatibility with the adjacent properties and other properties in the district.
(6) Utilities with reference to location, availability, and compatibility.
(7) An escrow account to cover the costs to restore the property to its original condition, if necessary.
(h) In order to recommend denial of an interim use permit, the planning commission must find that the
proposed use will not meet one or more of the conditions found in subsection (f) of this section.
(i) An interim use permit shall expire and the interim use permit shall terminate at the earlier of:
(1) The expiration date established by the city council at the time of approval, but in no case more than
three years from the date of approval.
(2) Occurrence of any event identified in the interim use permit for the termination of the use.
(3) Upon an amendment to the City Code that no longer allows the interim use.
(j) Suspension and revocation.
(1) The city council may suspend or revoke an interim use permit upon failure of the interim use, or the
interim use permit holder, owner, operator, tenant or user, to comply with City Codes, the laws of the
State of Minnesota, the approved plans, or the conditions of approval, or by which that activities
allowed under the permit adversely affect the public health, safety, or welfare.
(2) A suspension or revocation of an interim use permit shall be preceded by written notice to the permit
holder and a hearing before the city council. The notice shall provide at least ten days' notice of the
time and place of the hearing and shall state the nature of the violations. The notice shall be mailed to
the permit holder at the most recent address listed on the application.
(k) The community development director or designee shall, within ten days of city council approval of any
interim use permit, provide one copy of the completed permit to the applicant, the city clerk, and for permits
issued in the floodplain district or shoreland district, to the commissioner of the department of natural
resources.
(Prior Code, § 90-31.1; Ord. No. 2009-435, § 1, 12-7-2009)
Sec. 90-39. Special event permits.
(a) Any individual or organization holding an event or temporary use of a property which includes erecting
temporary structures, offering food/beverages, or affecting traffic or parking requires a special event permit.
Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this
ordinance and require a special event permit.
(1) Provide for the temporary use of land for special events in a manner consistent with its normal use and
beneficial to the general welfare of the public. Protect nearby property owners, residents, and
businesses from special events that may be disruptive, obnoxious, unsafe or inappropriate given the
site conditions, traffic patterns, land use characteristics and the nature of the proposed event. Preserve
the public health, safety, and welfare of the community.
(2) All permits shall be applied for at least 30 days prior to the event and shall include the following:
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a. Applicant name, address, phone number;
b. Date of proposed special event;
c. Address of proposed special event;
d. Name of property owner, if different from applicant;
e. The fees established by the adopted fee schedule.
f. Type and description of the special event and a list of all activities to take place at the special
event;
g. Estimated number of persons to attend;
h. Duration of the special event, including beginning and ending times;
i. Any public health plans, including supplying water to the site, solid waste collection and provision
of toilet facilities, if applicable;
j. Any fire prevention and emergency medical services plans, if applicable;
k. Any security plans, if applicable;
l. The admission fee, donation or other consideration to be charged or requested for admission, if
applicable;
m. Whether food, alcohol, or cannabis will be served or sold at the event;
n. A detailed description of all public rights-of-way and private streets for which the applicant
requests the city to restrict or alter normal parking, vehicular traffic or pedestrian traffic
patterns, the nature of such restrictions or alterations, and the basis;
o. A description of any services, city personnel, city equipment and city property which the
applicant requests the city to provide, including the applicant's estimate of the number and type
needed, and the basis on which the estimate is made;
p. Whether any sound amplification or public address system will be used or if there will be any
playing of any music or musical instruments;
q. A statement signed by the applicant either agreeing to pay all fees and meet all other
requirements of this section, or representing to the city that the applicant is duly authorized to
make such agreement on behalf of the person or organization holding or sponsoring the special
event;
r. Applicant signature and property owner's signature, if different from applicant; and
s. Any other information requested by the city deemed reasonably necessary in order to determine
the nature of the special event and the extent of any special services required; and
t. The applicant shall sign a hold harmless agreement for the city for any accidents or damages
caused by the event.
(3) Special events not requiring special event permits.
a. Sales, promotional activities or fund-raising events that take place entirely within a building that
is properly zoned for the use do not require a special event permit.
b. Wedding ceremonies and receptions, funeral ceremonies and funeral processions or other similar
events.
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c. Any event that is otherwise regulated by the city through the use of another regulatory manner,
such as an interim use permit or conditional use permit.
d. The use of traditional public forums as alternative channels of communication by the public,
provided that such use is for the free exercise of constitutionally protected activities and does
not disrupt or interfere with traffic on public streets or the use of public places by other members
of the public.
e. Approved activities on a city park.
(4) Special events subject to administrative approval.
a. Upon receipt of an application the community development director or designee shall review the
application. If it is deemed that the event is minor in nature and does not fall under any of the
items under (5) in this section the application can be administratively approved. The community
development director has the right to forward any special event permit application to the city
council. No more than two special events on a property per calendar year shall be
administratively approved.
(5) Special events subject to city council approval:
a. Any event that serves alcohol.
b. Any event that expects over 200 people in attendance.
c. Any event that will include live or amplified music or sound.
d. Any event that will extend after dusk.
e. Any event proposed in the same calendar year as two preceding events on the same property.
f. Cannabis events, subject to the following additional standards:
1. On-site consumption during cannabis events is limited to lower-potency hemp edible
products.
2. Cannabis events shall only take place between the hours of 10:00 a.m. and 10:00 p.m.
3. Cannabis event operations shall be consistent with requirements listed in Minn. Stat. §
342.40, as well as any other applicable rule or law.
4. Any special event permit for a cannabis event shall have a condition requiring that a copy
of a state-issued cannabis event organizer license, as licensed under Minn. Stat. § 342.39,
be provided to the city clerk prior to the event taking place. An approved special event
permit for a cannabis event that does not receive state approval of a cannabis event
organizer license is ineffective.
5. Proof of insurance, and a cash escrow payment to the city for damages.
(6) The city may place restrictions, conditions and requirements on a special event permit to protect the
health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting
from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of
the permit.
(7) In order to recommend denial of a special event permit, the city must find that the proposed use will
meet one or more of the conditions found below:
a. The information contained in the application or supplemental information requested from the
applicant is false or nonexistent in any material detail.
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b. The applicant fails to supplement the application after having been notified by the city of
additional information or documents needed.
c. The applicant fails to agree to abide or comply with all of the conditions and terms of the special
event permit, including payment of all costs and expenses.
d. The special event would substantially or unnecessarily interfere with the normal daily operations
of the city, cause traffic congestion, or would interfere with access to businesses or residences in
the immediate vicinity of the event and there are not sufficient city resources available at the
time of the event to mitigate the disruption.
e. The location of the special event will substantially interfere with any construction or
maintenance work scheduled to take place upon or along public property or right-of-way.
f. The special event would likely endanger the public safety or health, create or constitute a public
nuisance, cause significant damage to public property or facilities, or would engage in or
encourage participants to engage in illegal acts.
g. The applicant, responsible party or the person on whose behalf the application is submitted has
on prior occasions made material misrepresentations regarding the nature and extent of special
services required for a special event in the city, or has violated the terms of a prior special event
permit.
h. A cannabis event application that does not meet the standards under section 90-39(5)f of this
section.
(8) A special event permit shall expire at the expiration date established by the city council or city staff at
the time of approval.
(9) Suspension and revocation.
a. At any time the city may suspend or revoke the special event permit upon failure of the permit
holder, owner, operator, tenant or user, to comply with city codes, the laws of the State of
Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed
under the permit adversely affect the public health, safety, or welfare.
(10) The community development director or designee shall, within ten days of city council approval of any
special event permit, provide one copy of the completed permit to the applicant and the city clerk.
(Prior Code, § 90-31.2; Ord. No. 2009-437, § 1, 12-7-2009; Ord. No. 2025-539, 1-6-2025)
Sec. 90-40. Variances.
(a) Applications for variances to this chapter shall be made to the community development director or designee
on forms provided by the city. To be considered complete, the application shall include:
(1) The applicant's name, address, and telephone number.
(2) The legal description and address of the property to which the variance shall apply.
(3) Proof of ownership of the property to which the variance shall apply. Only the property owner may
apply for a variance, and all owners of record must sign the application and agree to the variance.
(4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued
to the site.
(5) A detailed description of the variance requested, including reference to those provisions of the chapter
to which the variance applies.
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(6) A detailed statement as to the unique conditions of the property that make the variance desired, as
well as what loss of use the property owner will incur if the variance is not granted.
(7) A site plan showing the relationship of the variance requested to adjacent property, site development
standards, and other information having a bearing on the variance.
(8) A sewer and water service plan.
(9) Application fees, as established by the city council.
(b) Upon receipt of a completed application for a variance, the community development director or designee
shall schedule the application for a hearing before the board of appeals and adjustments.
(1) The board of appeals and adjustments will evaluate the applications and will forward
recommendations to the city council.
(2) If the variance relates to any floodplain or shoreland standard, notice of the variance request shall be
provided to the commissioner of the department of natural resources at least ten days prior to the
hearing date.
(3) If the variance relates to any development fronting a county highway, the county engineer shall be
given notice of the variance application ten days prior to the hearing.
(4) If the variance applies to the setback requirements from a substantial pipeline as required in section
90-180, notice of the variance request shall be made to the commissioner of the state department of
public safety at least 30 days prior to final council action on the request.
(5) Notice of the variance request shall be provided to the property owner of record for properties located
within 300 feet of the lot or parcel to which the variance will apply at least ten days prior to the board
of appeals and adjustment's meeting where the request will be considered.
(6) Where the variance applies to any property within the floodplain district, the applicant shall be
provided a notice stating that:
a. The issuance of a variance to construct a structure below the base flood elevation will result in
increased premium rates for flood insurance up to amounts as high as $25.00 for each $100.00 of
insurance coverage.
b. Construction below the 100-year or regional flood level increases risk to life and property.
(c) In order for the city to approve a request for a variance the city must find that the application meets the
following criteria 1-7. If the city finds any of the criteria are not met the application shall be denied.
(1) The variance as requested is permissible by law.
(2) The applicant for a variance shall establish that there are practical difficulties in complying with the
provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a
variance means:
a. The property owner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance and;
b. The plight of property owner is due to circumstances unique to the property not created by the
landowner and;
c. The variance, if granted, will not alter the essential character of the neighborhood.
(3) The granting of the variance would be in keeping with the spirit and intent of this chapter and with the
policies of the city's comprehensive plan.
(4) The variance, if granted, shall not have the effect of allowing any use prohibited in the district.
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(5) The variance, if granted, shall not permit a lower degree of flood protection than required by this
chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to
afford relief, and the variance shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(6) The sewage treatment system and water system of the subject property is in compliance with city and
state codes.
(d) A recommendation to deny a request for a variance must be made upon finding that the request does not
meet one or more of the following:
(1) Because of the particular physical surrounding, shape, or topographic conditions of the specific parcel
of land involved, a particular hardship to the owner would result, as distinguished from a mere
inconvenience, if the strict letter of the regulations were to be carried out.
(2) The conditions upon which the petition for a variance is based are unique to the parcel of land for
which the variance is sought and are not applicable, generally, to other property with the same zoning
classification.
(3) The purpose of the variance is not based exclusively upon a desire to increase the value or income
potential of the parcel of land.
(4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created
by any persons presently or formerly having an interest in the parcel of land.
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or
improvements in the vicinity in which the parcel of land is located.
(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or
substantially increase congestion of the public streets, or increase the danger of fire, or endanger the
public safety, or substantially diminish or impair property values within the vicinity.
(7) Adherence to the regulations of this chapter would create an undue hardship because of inadequate
access to direct sunlight for solar energy systems.
(e) The temporary use of a one-family dwelling as a two-family dwelling may be permitted as a variance.
(f) Variances shall be granted to allow earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd.
14, when in harmony with this chapter.
(g) Prior to issuance of any variance to a lot or parcel containing a septic system not in compliance with Chapter
4 of the Washington County Development Code, the septic system shall be upgraded to meet established
standards. This requirement shall not apply to a sewage treatment system if its only deficiency is improper
setback from the ordinary high-water level.
(h) Conditions may be imposed on the granting of variances to ensure compliance and protect adjacent
property.
(i) The community development director or designee shall maintain a record of variance actions, whether a
variance is granted or denied, and including justification for any variances issued. The community
development director or designee shall, within ten days of city council approval of any variance, provide one
copy of the completed permit to the applicant, the city clerk and, for permits issued in the floodplain district
or shoreland district, to the commissioner of the department of natural resources.
(Prior Code, § 1015-090.1, § 90-38; Ord. No. 2009-434, § 1, 10-5-2009; Ord. No. 2011-458, § 1, 10-3-2011)
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Sec. 90-41. Minor deviations.
(a) The community development director or his designee may approve the following minor deviations from the
construction limitations outlined in any zoning district where there is ample evidence that the minor
deviation will not adversely affect the health, safety and welfare of the city, will not adversely affect
neighboring property, where such action will not constitute the mere granting of a privilege, and where it
can be demonstrated that the deviation is in keeping with good land use planning principles. When granting
the minor deviation, the community development director or his designee may require additional open
space, landscaping, or other compensating element to lessen the impact of the deviation:
(1) Reduction of required setbacks for primary or accessory buildings to 75 percent of the stated
requirement, except that side yard setbacks in a residential district shall not be reduced below ten feet.
(2) Required setbacks for signs may be reduced to five feet from the public right-of-way.
(3) Required setbacks of paved areas from a property line other than a public street right-of-way may be
reduced to zero if existing or proposed development on the adjacent parcel justifies the reduction.
(4) The maximum size of accessory buildings may be increased to 125 percent of the stated requirement.
(5) The number of parking spaces may be reduced by up to ten percent of the stated requirement.
(6) The location of accessory buildings in the A, LA, RR and FUS districts may be placed in front of a
residence, provided that the building is effectively screened from view from the public right-of-way and
adjacent property by landscaping or other natural features.
(b) Denial of any minor deviation request may be appealed to the board of zoning appeals by following the
procedures outlined in section 90-37.
(Prior Code, § 90-39; Ord. No. 2007-413, § 1(1015-090.2), 11-19-2007)
Sec. 90-42. Zoning amendments.
(a) Applications for a zoning amendment shall be made to the community development director or designee on
forms provided by the city. To be considered complete, the application shall include:
(1) The applicant's name, address, and telephone number.
(2) The legal description and address of the property to which the zoning amendment shall apply.
(3) Proof of ownership of the property to which the amendment shall apply. Only the property owner may
apply for a zoning amendment, and all owners of record must sign the application and agree to the
amendment.
(4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued
to the site.
(5) A statement as to the zoning classification requested for the property.
(6) A detailed explanation of why the rezoning is requested.
(7) A topographic survey of the property and adjacent property within 300 feet, prepared by a registered
land surveyor, at a scale not less than one inch equals 100 feet with two-foot contour intervals. The
plan shall show the location of public streets and public utilities in relation to the property.
(8) A wetlands delineation of the property.
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(9) A report prepared by a registered traffic engineer as to the number and distribution of daily traffic trips
to be generated by the proposed use of the land, if required by the community development director
or designee.
(10) An environmental assessment worksheet or environmental impact study if required under section 90-
167.
(11) A legal description of the property.
(12) The names and addresses of all property owners within 300 feet of the subject property.
(13) Application fees, as required.
(b) Upon receipt of a completed application for a zoning amendment, the community development director or
designee shall schedule the application for a hearing before the planning commission. If the amendment
relates to any property lying totally or partially in the floodplain or shoreland overlay districts, notice of the
amendment request shall be provided to the commissioner of the department of natural resources at least
ten days prior to the hearing date. If the amendment relates to any development fronting a county highway,
the county administrator shall be given notice of the application 30 days prior to the hearing.
(c) In order to recommend approval of a zoning amendment, the planning commission must find all of the
following:
(1) The requested amendment is in compliance with the city's comprehensive plan.
(2) The proposed zoning classification is appropriate for the property given the topographic,
environmental and cultural limitations of the site.
(3) Existing public infrastructure is adequate to handle the development that can reasonably be foreseen
on the site.
(4) The proposed zoning classification will not have unreasonable negative impacts on adjacent properties.
(5) The floodplain designation on the official FEMA map shall not be removed from floodplain areas unless
it can be shown that the designation is in error or that the area has been filled to or above the
elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain.
(d) In order to recommend denying a zoning amendment, the planning commission must find one or more of the
following:
(1) The requested zoning amendment is not in compliance with the city's comprehensive plan.
(2) There are topographic, environmental, or cultural limitations on the site that make it unsuitable for
development permitted in the requested zoning classification.
(3) Existing public infrastructure is inadequate to handle the development that can reasonably be foreseen
on the site if the requested zoning classification is approved.
(4) The amendment will have unreasonable negative impacts on adjacent property.
(e) Special conditions shall not be placed on the granting of a zoning amendment.
(f) Amendments to the floodplain district, including amendments to the floodplain district map, must be
submitted to, and approved by, the commissioner of natural resources prior to adoption. Changes to the
floodplain district map must also meet the conditions and criteria of the Federal Emergency Management
Agency and receive such agency's approval prior to adoption.
(g) Any property rezoned to be included in the long-term agricultural (LA) district of the city must meet the
requirements to be enrolled in the metropolitan agricultural preserve program.
(Prior Code, § 1015-100.1, § 90-40; Ord. No. 2009-434, § 1, 10-5-2009)
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Sec. 90-43. Permits.
(a) Applications for permits required by this chapter shall be made to the city on forms provided by the city. In
order to be considered complete the application must include:
(1) The applicant's name, address, and telephone number.
(2) The legal description and address of the property to which the permit shall apply.
(3) Proof of ownership of the property to which the permit shall apply. Only the property owner may apply
for a permit, and all owners of record must sign the application and agree to the permit.
(4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued
to the site if required by the building official to determine compliance with ordinance and law.
(5) A statement as to the zoning classification of the property.
(6) A sewer and water service plan.
(7) Such detailed information as is required to ensure compliance with ordinance and law for the issuance
of the permit and the activities to be undertaken resulting from the permit. This may include, but is not
limited to, topographic survey of the property and a wetlands delineation of the property.
(8) Application fees and escrow as established by the city council.
(b) Permit applications shall be reviewed for compliance with pertinent regulations, and if found in compliance,
a permit will be issued. No permit shall be issued where any potable water system and/or sewage treatment
system on the property is not in conformance with city and state codes. The community development
director or designee or building official may require a certification from a qualified individual (licensed well
driller, licensed septic system installer, or licensed plumber) that the water supply system and sewage
treatment system are conforming to city and state codes.
(c) The city council may establish a fee to be charged for the processing of any permit request, and may also
establish a requirement for a security deposit or escrow to ensure work is performed in compliance with the
permit issued.
(d) Where an applicant believes that a permit has been incorrectly denied, or that conditions placed on a permit
are arbitrary or capricious, the applicant may appeal the building official's action to the board of appeals and
adjustments.
(e) A Permit issued by the zoning administrator in conformity with the provisions of this chapter shall be secured
prior to actions on the following if located in the floodplain:
(1) Erection, addition, modification, or rehabilitation of any building, structure, or portion thereof; that
would require a building permit. Normal maintenance and repair shall be included in the valuation of
the project to determine if a substantial improvement has occurred.
(2) Prior to the use or change of use of a building, structure, or land.
(3) Prior to the construction of a dam, fence (other than a farm fence as defined in section 90-1 of this
chapter), or on-site septic system.
(4) Prior to the change or extension of a nonconforming use.
(5) Prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(6) Prior to the placement of fill, excavation of materials, or the storage of materials or equipment. Normal
agricultural tilling and plowing is exempt from this provision.
(Prior Code, § 1015-120.1, § 90-41; Ord. No. 2009-434, § 1, 10-5-2009)
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Sec. 90-44. Certificates of compliance.
(a) The community development director or designee shall issue a certificate of compliance where:
(1) The application is signed by all owners of the property.
(2) The applicant has shown proof of ownership.
(3) The certificate of compliance is authorized by ordinance.
(4) The property is in compliance with all the requirements of ordinance for issuance of the certificate.
(b) The community development director or designee shall deny an application for a certificate of compliance
where one or more of the standards established in this chapter are not satisfied.
(c) If an applicant for a certificate of compliance feels that a decision made by the community development
director or designee is incorrect according to ordinance, the applicant may appeal the decision to the board
of appeals and adjustments. The board shall consider the issue at a public meeting, and provide a
recommendation of the city council whether to issue or deny the certificate of compliance.
(Prior Code, § 1015-130.1, § 90-42)
Sec. 90-45. Conduct of hearings.
(a) Wherever possible, hearings shall be scheduled to allow council consideration of recommendations by the
planning commission or board of appeals and adjustments on land use requests within 60 days of the
complete application being submitted to the city. Where conditions do not allow the council consideration
within such 60 days, the community development director or designee shall mail the applicant notice that
the council shall reply to the application within 120 days of the completed application being submitted to the
city.
(b) Notice requirements.
(1) Except as otherwise provided by law, hearing notices shall be published in the official newspaper of the
city at least ten days prior to the day of the scheduled hearing. Written notice of the hearing shall be
mailed to property owners within 350 feet of the subject property so as to arrive no later then seven
days prior to the hearing.
(2) When an amendment involves changes in district boundaries affecting an area of five acres or less, a
similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected
property and property situated wholly or partly within 350 feet of the property to which the
amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the
notice may use any appropriate records to determine the names and addresses of owners. A copy of
the notice and a list of the owners and addresses to which the notice was sent shall be attested to by
the responsible person and shall be made a part of the records of the proceedings. The failure to give
mailed notice to individual property owners, or defects in the notice shall not invalidate the
proceedings, provided a bona fide attempt to comply with this subsection has been made. The hearing
notice shall include:
a. Applicant's name.
b. Nature of the land use requested.
c. Legal description of the property, as well as address, if available.
d. Hearing date, time, and location.
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e. A statement that all interested individuals will be allowed to provide written or oral comments at
the meeting.
(c) The hearing on land use requests shall substantially follow the following format:
(1) The planning commission or board of appeals and adjustments shall establish proof of the notice of
publication for the hearing.
(2) The community development director or designee, or representative, shall briefly state the nature of
the land use requested, and the ordinances and standards to which it applies.
(3) The applicant, or the applicant's representative, shall explain the request.
(4) The presiding official shall open the hearing and allow for public comment.
(5) Once all who wish to speak have been heard, and all written evidence submitted, the presiding official
shall close the hearing.
(6) The board or commission shall consider the request.
(7) The board or commission shall by motion establish findings and make a recommendation to table,
approve, approve with conditions, or deny the request. Approval or denial of zoning amendments shall
not be subject to special conditions.
(d) When action on a land use request has been tabled, and the applicant has not already been mailed notice of
extending the processing deadline to 120 days, the community development director or designee shall mail
such notice following the hearing. If tabling action on the application will not allow the council to consider
the board's recommendation within 120 days of the submission of the complete application, than tabling
consideration of the request shall occur only with the written consent of the applicant. No further public
notice is required for requests that have been tabled following the required notice under this chapter.
(e) Recommendations on land use requests shall be provided to the city council at their next regularly scheduled
meeting following adoption of the recommendation by the planning commission or board of appeals and
adjustments.
(Prior Code, § 1015-140.1, § 90-43)
Sec. 90-46. Presentation of notices.
(a) All notices of hearings, variance requests, and other matters required by this chapter shall be made by
regular U.S. Mail to the property owner of record at the time of the mailing.
(b) Published notices of all hearings and other meetings made under this chapter shall be made in the official
newspaper of the city, as designated by the city council.
(c) Errors or inconsistencies in any notice, late publishing or mailing, or failure to receive a notice by any
individual, shall not limit or invalidate any action taken by the city in the processing and approval of any
request made under this chapter.
(Prior Code, § 1015-150.1, § 90-44)
Sec. 90-47. Enforcement.
No land use request shall be granted, including, but not limited to, conditional use permits, variances,
subdivisions, building permits, or certificates of compliance, for any property not in compliance with this chapter,
unless such request shall result in the property being brought into full compliance, except lawful nonconforming
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uses as defined in section 90-48. If the responsible party does not appropriately respond to the zoning
administrator within a specified period of time, each additional day that lapses shall constitute an additional
violation of this chapter and shall be prosecuted accordingly.
(Prior Code, § 1015-160.1, § 90-45; Ord. No. 2009-434, § 1, 10-5-2009)
Sec. 90-48. Nonconforming buildings, structures, uses, and lots.
(a) This section provides for the regulation of nonconforming buildings, structures, uses, and lots, and specifies
those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses,
and lots will be operated, maintained, and regulated. Nonconforming buildings, structures, uses, and lots
shall not be allowed to continue without restriction. Furthermore, it is the intent of this section that all
nonconformities shall be eventually brought into conformity.
(b) Generally.
(1) Any established use, building or lot legally existing prior to November 22, 1978, and which is classified
by this chapter as requiring a conditional use permit may be continued in like fashion and activity and
shall automatically be considered as having received conditional use permit approval. Any change to
such a use or building shall, however, require a new conditional use permit to be processed according
to this chapter.
(2) Nonconforming uses.
a. The lawful use of buildings or land existing at the effective date of the ordinance from which this
chapter is derived which does not conform to the provisions of this chapter may be continued;
provided, however, that no such nonconforming use of building or land shall be enlarged or
increased, nor shall any such nonconforming use be expanded to occupy a greater area of
building or land than that occupied by such use at the time of the adoption of the ordinance from
which this chapter is derived, except as otherwise provided), nor shall any such nonconforming
use be moved to any other part of the parcel of land upon which the same was conducted at the
time of the adoption of this chapter.
b. A lawful, nonconforming use shall not be enlarged, but may be continued at the same size and in
the same manner of operation as it existed on the date it became legally nonconforming except
as hereinafter specified.
c. Changes to nonconforming uses.
1. When a lawful nonconforming use of any structure or land in any district has been changed
to a conforming use, it shall not thereafter be changed to any nonconforming use.
2. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the
nonconformity of use. Once a nonconforming structure or parcel of land has been changed,
it shall not thereafter be so altered to increase the nonconformity.
d. A legal nonconforming commercial/industrial use may be expanded with a conditional use permit
and with specific finding by the city council that the proposed expansion will reduce the impacts
of the legal nonconforming commercial/industrial use on the surrounding properties in terms of
activity, noise, traffic, light, appearance, outside storage of vehicles, equipment, or materials, or
other issues pertinent to the specific property and use involved.
e. In the event that a nonconforming use of any building or premises is discontinued for a period of
one year, the use of the same shall thereafter conform to the regulations of the district in which
it is located.
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f. Maintenance of a building or other structure containing or used by a nonconforming use will be
permitted when it includes necessary nonstructural repair and incidental alterations which do
not extend or intensify the nonconforming building or use. Normal maintenance shall not include
substantial improvements.
(3) Nonconforming buildings and structures.
a. No lawful nonconforming building or structure which has been damaged by fire, explosion, act of
God, or other peril, to the extent of greater than 50 percent of its market value, as determined by
the city building official, and for which no building permit has been applied for within 180 days of
when the property was damaged, shall be restored, except in conformity with the regulations of
this chapter.
b. Alteration and normal maintenance to a lawful nonconforming building or structure may be
made provided:
1. The alterations do not expand the building size.
2. The alterations do not change the building occupancy capacity or parking demand.
3. The alteration does not increase the nonconformity of the building or the use.
c. Expansion of nonconforming buildings or structures.
1. The following expansions of lawful nonconforming building and structures may be
approved:
i. The community development director shall make a determination that the
building expansion will have not external negative impacts upon adjacent
properties or public rights-of-way.
ii. Expansion of buildings found to be nonconforming only by reason of height,
yard setback, or lot coverage area may be permitted provided the structural
nonconformity is not increased and the expansion complies with the
performance standards of this chapter.
2. Lawful nonconforming commercial, industrial, public, semipublic, and multiple-family or
townhome structures may be expanded on the same lot by conditional use permit
provided:
i. Expansion of buildings found to be nonconforming only by reason of height,
yard and setback or lot areas are exempt from requiring a conditional use
permit.
ii. Except for the above, the expansion will not increase the nonconformity of the
building or site.
iii. The new building expansion will conform with all the applicable performance
standards of this chapter. A conditional use permit shall not be issued under
this subsection for a deviation from other requirements of this chapter unless
variances are also approved.
iv. The request for conditional use permit shall be evaluated based on standards
and criteria set forth in this chapter.
(4) Nonconforming lots.
a. Vacant or redeveloped lots.
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1. If an owner has an interest in more than one lot of record contiguous to other lots of
record, all such lots shall be combined to meet the requirements of this section or the
applicable zoning district standards. If sufficient contiguous property is held in one
ownership to comply with the standard of the applicable zoning district, then those more
restrictive provisions will apply. In no circumstances will there be approval of any proposal
for multiple lot developments based upon lots of record, and not conforming with the
provisions of the existing zoning district.
2. Legal nonconforming, vacant, substandard-sized lots of record may be developed for
single-family detached dwellings upon approval by the community development director or
designee, provided that:
i. The lot in question was legally established in accordance with chapter
requirements existing at the time of its creation and is a separate, distinct tax
parcel.
ii. The lot is properly zoned for single-family land uses.
iii. Minimum lot size.
A. A lot of record having direct access to municipal sewer and water may be
developed in accordance with this chapter provided measurements for
lot area and width are within 75 percent of the requirements of the base
zoning district.
B. A lot of record not having access to municipal sewer and water may be
developed provided it complies with county regulations.
iv. The lot in question has frontage on a public street.
v. Public health concerns (potable water and sanitary sewer) can be adequately
provided.
vi. The setback and yard requirements of the applicable zoning district can be
achieved while simultaneously resulting in development that complies with the
character and quality of the immediate area and the objectives of the city's
comprehensive plan and this chapter.
b. An existing conforming use on a lot of substandard size and width may be expanded or enlarged
if such expansion or enlargement meets all other provisions of this chapter.
(5) In the floodplain district.
a. Any structural alteration or addition to a nonconforming structure or nonconforming use which
would result in increasing the flood damage potential of that structure or use shall be protected
to the regulatory flood protection elevation in accordance with any of the elevation on fill or
floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the state
building code, except as further restricted in subsection b. below.
b. If a substantial improvement occurs, as defined in section 90-1 of this chapter, then the building
addition and the existing nonconforming building must meet the requirements of subsection 90-
138 (4) and (5) of this chapter, for new structures, depending upon whether the structure is in
the floodway or flood fringe, respectively.
(Prior Code, § 1025-010.1, § 1025-020.1, § 90-46; Ord. No. 2009-434, § 1, 10-5-2009)
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Sec. 90-49. Exceptions to yard regulations.
(a) Measurements for yard regulations shall be taken from the nearest point of the wall of a building to a lot line
in question, subject to the following:
(1) Canopies, air conditioners, cantilevers, chimneys, cornices, eaves, flues, window wells, and bay
windows may extend into:
a. The required minimum front yard a distance not to exceed four feet, six inches;
b. The required minimum side yard a distance not exceeding three feet, inclusive of rain gutters and
other such appurtenances.
(2) Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches;
(3) A landing place, deck, or porch may extend into the required front or rear yard a distance not
exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the
building. An open railing may be placed around such place;
(4) A landing place may extend into the required side yard a distance not exceeding six feet, if the landing
place has its floor no higher than the entrance floor of the building. An open railing may be placed
around such place. A landing place that extends into any drainage and utility easement must have its
placement reviewed and approved by the city Senior Engineering Technician;
(5) On corner lots, the required front yard shall be provided on both streets;
(6) The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub,
or other growth, which may cause danger to traffic on a sidewalk, street, or public road by obscuring
the view;
(7) Site Triangle. The required front yard of a corner lot shall be unobstructed above a height of three feet
in a triangular area, two sides of which are the lines running along the street curb line to a point 30 feet
from the intersection of the curb lines and the third side of which is the line between the previous two
points.
(Prior Code, § 1010-110.1, § 90-47; Ord. No. 2024-531, § 1, 8-5-2024)
Sec. 90-50. Opt-Out of Minnesota Statutes.
Pursuant to authority granted by Minn. Stat. § 462.3593, subd. 9, the City of Hugo opts-out of the
requirements of Minn. Stat. § 462.3593.
(Prior Code, § 90-48; Ord. No. 2016-476, § 1, 8-15-2016)
Secs. 90-51—90-65. Reserved.
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ARTICLE III. ZONING MAP
Sec. 90-66. Maintenance and compliance.
The city's official zoning map, as it may be amended from time to time, shall be maintained by the city clerk.
Property lying within a designated zoning district as shown on the map shall hereinafter conform to the rules and
regulations of that district, except as permitted in article II of this chapter. No building or land within a zoning
district of the city shall be used, and no building shall be erected or altered, except in compliance with these
regulations. Changes to the zoning classification of properties within the city shall be made only in accordance with
article II of this chapter.
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(Prior Code, § 1035-10.010.1; Ord. No. 2007-409, § 1, 6-18-2007; Ord. No. 2008-416, § 1, 5-5-2008; Ord. No. 2008-417, § 1, 5-19-2008; Ord. No. 2010-447, § 1,
6-21-2010; Ord. No. 2010-451, §§ 1, 2, 12-20-2010; Ord. No. 2014-468, § 1, 2-3-2014; Ord. No. 2015-471, § 1, 8-3-2015; Ord. No. 2015-473, § 1, 10-19-2015;
Ord. No. 2017-481, § 1, 4-17-2017; Ord. No. 2018-487, § 1, 5-21-2018; Ord. No. 2018-488, § 1, 5-21-2018; Ord. No. 2018-491, § 1, 11-5-2018; Ord. No. 2020-
497, § 1, 1-6-2020; Ord. No. 2020-498, § 1, 1-6-2020; Ord. No. 2020-499, § 1, 4-20-2020; Ord. No. 2020-500, § 1, 5-4-2020; Ord. No. 2021-503, § 1, 3-1-2021;
Ord. No. 2021-505, § 1, 6-7-2021; Ord. No. 2022-512, § 1, 3-21-2022; Ord. No. 2022-514, § 1, 8-15-2022; Ord. No. 2022-516, § 1, 10-3-2022; Ord. No. 2022-517,
§ 1, 11-7-2022; Ord. No. 2022-519, § 1, 12-19-2022; Ord. No. 2024-533, § 1, 8-19-2024)
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Sec. 90-67. Zoning map interpretation.
(a) Where uncertainty exists as to the boundaries shown on the official maps, the following rules shall apply:
(1) Boundaries indicated as approximately following streets, highways or alleyways shall be construed as
following the centerlines of such features.
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such
lines.
(3) Boundaries indicated as approximately following city limits shall be construed as following such limits.
(4) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the
event of change in the shoreline, shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of
water shall be construed to follow such centerlines.
(5) Boundaries indicated as parallel to, or an extension of features indicated above, shall be so construed.
(6) Where a physical or cultural feature is used to define a boundary, and the location of the feature on
the ground is at variance with its location as shown on the zoning map, the board of appeals and
adjustments shall recommend, for city council approval, the regulatory location of the boundary.
(7) Where interpretation as to the exact location of the boundaries of the floodplain is required, the city
engineer shall make a determination based on elevations on the regional flood profile, actual field
conditions, that existed on the site at the time the community adopted its initial floodplain ordinance
or on the date of the first National Flood Insurance Program map showing the area within the 100-year
floodplain if earlier, and other available technical data such as neighboring development's 100-year
flood elevation and recent city modeling. A property owner who feels aggrieved by the city engineer's
decision may appeal such decision to the board of appeals and adjustments
(Prior Code, § 1035-10.020.1; Ord. No. 2009-434, § 1, 10-5-2009)
Secs. 90-68—90-92. Reserved.
- CODE OF ORDINANCES
Chapter 90 - ZONING AND LAND USE
ARTICLE IV. ZONING DISTRICT REGULATIONS
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ARTICLE IV. ZONING DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 90-93. Long-term agricultural district (LA).
(a) Purpose. The long-term agricultural district (LA) is to allow agricultural property to be included in the state's
agricultural preservation program. This property may be used for permitted agricultural activities as defined
by Minn. Stat. § 473H.17, and single-family home farmsteads at a density of one per 40 gross acres.
(b) Permitted uses. The following are permitted in the LA district:
(1) Agriculture, including the sale of products grown on premises.
(2) Essential public services (refer to section 90-222).
(3) Public recreational fields, structures, and buildings.
(4) Residential facility, small (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the LA district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling, single-family detached (refer to section 90-217).
(5) Dwelling unit, accessory (refer to section 90-220).
(6) Dwelling unit, accessory apartments (refer to section 90-221).
(7) Dwelling unit, single-family detached residential (refer to section 90-217).
(8) Exterior storage (refer to section 90-223).
(9) Farm and garden produce sales (refer to section 90-224).
(10) Feedlots (refer to section 90-226).
(11) Fences (refer to section 90-227).
(12) Garages, private (refer to section 90-229).
(13) Home occupations (refer to section 90-230).
(14) Kennels, commercial (refer to section 90-235).
(15) Kennels, hobby (refer to section 90-235).
(16) Lighting, outdoor (refer to section 90-238).
(17) Livestock and livestock operations (refer to section 90-240).
(18) Parking and loading areas (refer to section 90-252).
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(19) Signs (refer to section 90-260).
(d) Conditional use. The following are conditional uses allowed in the LA district. Additionally, besides the
general standards and criteria in Section 90-37, each request for a conditional use permit shall be evaluated
based upon the specific standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-254).
(3) Recycling centers (refer to section 90-256).
(4) Wind-powered generators (refer to section 90-267).
(e) Interim use. The following are interim uses allowed in the LA district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(2) Farmhand living quarters (refer to section 90-225).
(3) Solar farms (refer to section 90-261).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the LA district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 40 acres
Minimum lot width at front setback line 300 ft.
Minimum front yard building setback 40 ft.
Minimum side yard building setback 20 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 15%
(Prior Code, § 1045; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, § 3,
5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-94. Agricultural district (AG).
(a) Purpose. The agricultural district (AG) is to provide an area for the production of livestock, dairy animals,
dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit,
vegetables, forages, grains, timber, trees, or bees and apiary products, and other uses dependent on the
inherent productivity of the land. Single-family detached housing at a density of one unit per ten gross acres
is also permitted.
(b) Permitted uses. The following are permitted in the AG district:
(1) Agriculture, including sale of products grown on premises.
(2) Dwelling, single-family detached (refer to section 90-217).
(3) Essential public services (refer to section 90-222).
(4) Feedlots (refer to section 90-226).
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(5) Indoor riding arenas (refer to section 90-234).
(6) Plant nurseries, wholesale (refer to section 90-254).
(7) Public recreational fields, structures, and buildings.
(8) Residential facility, small (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the AG district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory (refer to section 90-220).
(5) Dwelling unit, accessory apartments (refer to section 90-221).
(6) Exterior storage (refer to section 90-223).
(7) Farm and garden produce sales (refer to section 90-224).
(8) Fences (refer to section 90-227).
(9) Garages, private (refer to section 90-229).
(10) Home occupations (refer to section 90-230).
(11) Horse training and boarding facilities, private (refer to section 90-231).
(12) Kennels, commercial (refer to section 90-235).
(13) Kennels, hobby (refer to section 90-235).
(14) Lighting, outdoor (refer to section 90-238).
(15) Livestock and livestock operations (refer to section 90-240).
(16) Parking and loading areas (refer to section 90-252).
(17) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the AG district. and require a conditional use
permit based upon procedures set forth in and regulated by Section 90-37. Additionally, besides the specific
standards and criteria, which may be cited below for respective conditional uses, each request for a
conditional use permit shall be evaluated, based upon the standards and criteria in Section 90-37.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Cemeteries (refer to section 90-208).
(3) Commercial recreation, outdoor (refer to section 90-210).
(4) Horse training and boarding facilities, commercial (refer to section 90-231).
(5) Hunt and gun clubs (refer to section 90-233).
(6) Mining and excavation (refer to section 90-246).
(7) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(8) Plant nurseries, retail (refer to section 90-254).
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(9) Wind-powered generators (refer to section 90-267).
(e) Interim use. The following are interim uses allowed in the AG district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(2) Farmhand living quarters (refer to section 90-225).
(3) Solar farms (refer to section 90-261).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the AG district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 10 acres
Minimum lot width at front setback line 300 ft.
Minimum front yard building setback 40 ft.
Minimum side yard building setback 20 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 35%
(Prior Code, § 1050; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, § 3,
5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-95. Rural residential district (RR).
(a) Purpose. The rural residential district (RR) is to provide a location for single-family detached housing on
parcels of land served by private well and septic systems at a density of one home per ten gross acres.
Continued use of land for agricultural pursuits listed below will be permitted.
(b) Permitted uses. The following are permitted in the RR district:
(1) Agriculture, including sale of products grown on premises.
(2) Dwelling, single-family detached (refer to section 90-217).
(3) Essential public services (refer to section 90-222).
(4) Indoor riding arenas (refer to section 90-234).
(5) Plant nurseries, wholesale (refer to section 90-254).
(6) Public recreational fields, structures, and buildings.
(7) Residential facility, small (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the RR district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory (refer to section 90-220).
(5) Dwelling unit, accessory apartments (refer to section 90-221).
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(6) Exterior storage (refer to section 90-223).
(7) Farm and garden produce sales (refer to section 90-224).
(8) Feedlots (refer to section 90-226).
(9) Fences (refer to section 90-227).
(10) Garages, private (refer to section 90-229).
(11) Home occupations (refer to section 90-230).
(12) Horse training and boarding facilities, private (refer to section 90-231).
(13) Kennels, hobby (refer to section 90-235).
(14) Lighting, outdoor (refer to section 90-238).
(15) Livestock and livestock operations (refer to section 90-240).
(16) Parking and loading areas (refer to section 90-252).
(17) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the RR district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Cemeteries (refer to section 90-208).
(3) Commercial recreation, outdoor (refer to section 90-210).
(4) Horse training and boarding facilities, commercial (refer to section 90-231).
(5) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(6) Wind-powered generators (refer to section 90-267).
(e) Interim use. The following are interim uses allowed in the RR district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(2) Farmhand living quarters (refer to section 90-225).
(3) Solar farms (refer to section 90-261).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the RR district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 10 acres
Minimum lot width at front setback line 300 ft.
Minimum front yard building setback 40 ft.
Minimum side yard building setback 20 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 50%
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(Prior Code, § 1055; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No. 2015-470, §§
1, 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-96. Large lot single-family residential district (R-1).
(a) Purpose. The large lot single-family residential district (R-1) is to maintain and preserve existing larger lot
single-family neighborhoods. It is not the city's intention to expand the land area identified within this zoning
district after the adoption date of the ordinance from which this chapter is derived. Residential housing at a
density of one unit per net acre is permitted. A full range of public services and facilities shall also be
available to the R-1 areas.
(b) Permitted uses. The following are permitted in the R-1 district:
(1) Dwelling, single-family detached (refer to section 90-217).
(2) Essential public services (refer to section 90-221).
(3) Public recreational fields, structures, and buildings.
(4) Residential facility, small (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the R-1 district:
(1) Accessory buildings (refer to sec 90-204).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory apartments (refer to section 90-221).
(5) Fences (refer to section 90-227).
(6) Garages, private (refer to section 90-229).
(7) Home occupations (refer to section 90-230).
(8) Lighting, outdoor (refer to section 90-238).
(9) Parking and loading areas (refer to section 90-252).
(10) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the R-1 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(e) Interim use. The following are Interim uses allowed in the R-1 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for a interim use permit shall be evaluated, based upon
the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the R-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:
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Minimum lot or parcel size 1 acre
Minimum lot width at front setback line 150 ft.
Minimum front yard building setback 30 ft.
Minimum side yard building setback 10 ft.
Minimum rear yard building setback 30 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 35%
(Prior Code, § 1060; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-
21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-97. Low-density residential district (R-2).
(a) Purpose. The low-density residential district (R-2) is to provide for new single-family homes and provide for
the maintenance and preservation of existing single-family detached housing served by public utilities at a
density of approximately four units per one-acre. Single-family residential housing at a density of two to
three units per acre are permitted. A full range of public utilities and facilities shall be available to the R-2
areas.
(b) Permitted uses. The following are permitted in the R-2 district:
(1) Dwelling, single-family detached (refer to section 90-217).
(2) Essential public services (refer to section 90-222).
(3) Public recreational fields, structures, and buildings.
(4) Residential facility, small (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the R-2 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory apartments (refer to section 90-221).
(5) Fences (refer to section 90-227).
(6) Garages, private (refer to section 90-229).
(7) Home occupations (refer to section 90-230).
(8) Lighting, outdoor (refer to section 90-238).
(9) Parking and loading areas (refer to section 90-252).
(10) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the R-2 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
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(e) Interim use. The following are interim uses allowed in the R-2 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the R-2 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 10,000 sq. ft.
Minimum lot width at front setback line 65 ft.
Minimum front yard building setback 30 ft.
Minimum side yard building setback 10 ft.
Minimum rear yard building setback 30 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious
surface
50%
(Prior Code, § 1070, § 90-98; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-98. Single- and two-family residential district (R-3).
(a) Purpose. The single- and two-family residential district (R-3) is to provide for new neighborhoods with a lot
size that is smaller than the city's traditional single-family lot as well as directly related, complementary uses.
This zoning district is intended to be the primary single-family zoning district for future residential
developments and will also provide opportunities for two-family homes. The smaller lot size will make
efficient use of the city's land supply and investment in public utilities and allow the city to efficiently protect
and preserve its natural resources such as wetlands and woodlands. In addition, the smaller lot size will help
the city meet its density goal for new single-family homes. Single-family residential housing at a density of
three to six units per acre are permitted. A full range of public utilities and facilities shall be available to the
R-3 areas.
(b) Permitted uses. The following are permitted in the R-3 district:
(1) Dwelling, single-family detached (refer to section 90-217).
(2) Dwelling, two-family (refer to section 90-219).
(3) Essential public services (refer to section 90-222).
(4) Public recreational fields, structures, and buildings.
(5) Residential facility, small (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the R-3 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory apartments (refer to section 90-221).
(5) Fences (refer to section 90-227).
(6) Garages, private (refer to section 90-229).
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(7) Home occupations (refer to section 90-230).
(8) Lighting, outdoor (refer to section 90-238).
(9) Parking and loading areas (refer to section 90-252).
(10) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the R-3 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(e) Interim use. The following are interim uses allowed in the R-3 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the R-3 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Single-family Two-family
Minimum lot or parcel size 7,500 sq. ft. 14,000 sq. ft.
Minimum lot width at front setback line 60 ft. 100 ft.
Minimum front yard building setback 25 ft. 25 ft.
Minimum side yard building setback 7.5 ft. 7.5 ft.
Minimum rear yard building setback 25 ft. 25 ft.
Maximum building height 35 ft. 35 ft.
Maximum lot area to be covered by impervious
surface
50% 50%
(Prior Code, § 1070, § 90-99; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-99. Medium-density multi-family residential district (R-4).
(a) Purpose. The medium-density multi-family residential district (R-4) allows for the expansion and
development of lower density multi-family uses and higher density single-family attached uses such as two-
family homes in areas where public utilities are present. This district addresses the need for life cycle housing
by offering a variety of housing options with a standard density between three and six units per acre and a
planned unit development density between three and eight units per acre.
(b) Permitted uses. The following are permitted in the R-4 district:
(1) Daycare, group (refer to section 90-212).
(2) Dwelling, townhouses (refer to section 90-218).
(3) Dwelling, two-family (refer to section 90-219).
(4) Essential public services (refer to section 90-222).
(5) Public recreational fields, structures, and buildings.
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(6) Residential facility, medium (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the R-4 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory apartments (refer to section 90-221).
(5) Fences (refer to section 90-227).
(6) Garages, private (refer to section 90-229).
(7) Home occupations (refer to section 90-230).
(8) Lighting, outdoor (refer to section 90-238).
(9) Parking and loading areas (refer to section 90-252).
(10) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the R-4 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Dwelling, apartments (refer to section 90-216).
(3) Dwelling, single-family detached (refer to section 90-217).
(4) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(5) Residential facility, small (refer to section 90-256).
(e) Interim use. The following are interim uses allowed in the R-4 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the R-4 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Single-family Two-family Multi-family
Minimum lot or parcel size 7,500 sq. ft. 12,000 sq. ft. 1 acre
Minimum lot width at front setback line 55 ft. 85 ft. 150 ft.
Minimum front yard building setback 20 ft. 20 ft. 20 ft.
Minimum side yard building setback 7.5ft. 7.5 ft. 15 ft.
Minimum rear yard building setback 25 ft. 25 ft. 25 ft.
Maximum building height 35 ft. 35 ft 45 ft
Maximum lot area to be covered by impervious surface 60% 70% 70%
(Prior Code, § 1075, § 90-100; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
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Sec. 90-100. High-density multi-family residential district (R-5).
(a) Purpose. The high-density multi-family residential district (R-5) allows for the expansion and development of
high-density multi-family uses like apartments and condos, and townhouses where public utilities are
present. This district addresses the need for life cycle housing by offering an alternative to single-family
detached housing with a standard density between six and ten units per acre and a planned unit
development density of six and twelve units per acre.
(b) Permitted uses. The following are permitted in the R-5 district:
(1) Daycare, group (refer to section 90-212).
(2) Dwelling, apartments (refer to section 90-216).
(3) Dwelling, townhouses (refer to section 90-218).
(4) Essential public services (refer to section 90-222).
(5) Public recreational fields, structures, and buildings.
(6) Residential facility, medium (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the R-5 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory apartments (refer to section 90-221).
(5) Fences (refer to section 90-227).
(6) Garages, private (refer to section 90-229).
(7) Home occupations (refer to section 90-230).
(8) Lighting, outdoor (refer to section 90-238).
(9) Parking and loading areas (refer to section 90-252).
(10) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the R-5 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Commercial recreation, outdoor (refer to section 90-210).
(3) Dwelling, single-family detached (refer to section 90-217).
(4) Dwelling, two-family (refer to section 90-219).
(5) Manufactured home park (refer to section 90-241).
(6) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(7) Residential facility, small (refer to section 90-256).
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(e) Interim use. The following are interim uses allowed in the R-5 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the R-5 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Single-family Two-family Multi-family and all
other uses*
Minimum lot or parcel size 7,500 sq. ft. 12,000 sq. ft. 1 acre
Minimum lot width at front setback line 55 ft. 85 ft. 150 ft.
Minimum front yard building setback 20 ft. 20 ft. 20 ft.
Minimum side yard building setback 7.5 ft 7.5 ft 15 ft.
Minimum rear yard building setback 25 ft. 25 ft. 25 ft.
Maximum building height 35 ft 35 ft 45 ft.
Maximum lot area to be covered by impervious
surface
60% 70% 70%
*Manufactured home parks have additional dimensional standards found in section 90-242.
(Prior Code, § 1085, § 90-101; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-101. Restricted commercial district (RC-1).
(a) Purpose. The restricted commercial zoning district (RC-1) provides a location for a mix of freestanding
commercial businesses, including retail sales and offices that do not require municipal water or sanitary
sewer services. To be permitted to operate in this zoning district, a business must have sewage disposal
requirements of three residential equivalencies or less, as determined by metropolitan council
environmental services standards. Specifically excluded from this zoning district are restaurants, carwashes,
hotels, and other high water-usage facilities.
(b) Permitted uses. The following are permitted in the RC-1 district:
(1) Contractor's operations.
(2) Essential public services (refer to section 90-222).
(3) Motor vehicle repair businesses, minor (refer to section 90-249).
(4) Personal and professional services, including banks, offices and clinics
(5) Retail sales of merchandise.
(c) Accessory uses. The following are permitted accessory uses in the RC-1 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Fences (refer to section 90-227).
(4) Lighting, outdoor (refer to section 90-238).
(5) Open or outdoor services, sale or rental (refer to section 90-250).
(6) Parking and loading areas (refer to section 90-252).
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(7) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the RC-1 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Kennels, commercial (refer to section 90-235).
(3) Motor vehicle repair businesses, major (refer to section 90-249).
(4) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(e) Interim use. The following are interim uses allowed in a RC-1 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) None
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the RC-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 2½ acres
Minimum lot width at front setback line 300 ft.
Minimum front yard building setback 40 ft.
Minimum side yard building setback 40 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 50%
(Prior Code, § 1140, § 90-108; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-102. Central business district (C-1).
(a) Purpose. The purpose of the central business zoning district (C-1) is to provide for the establishment of a
downtown which is a blend of cultural, residential, recreational, civic, entertainment, retail sales, and office
uses. Businesses requiring exterior storage for processing, retail sales, or wholesale activities are not
permitted in this district.
(b) Permitted use. The following are permitted in the C-1 district:
(1) Brewpubs (refer to section 90-239).
(2) Bus/transit stations or terminals.
(3) Cannabis retailers (refer to section 90-206(h)).
(4) Commercial recreation, indoor (refer to section 90-210).
(5) Daycare, center (refer to section 90-212).
(6) Drugstore or pharmacies.
(7) Essential public services (refer to section 90-223).
(8) Funeral homes and mortuaries (refer to section 90-228).
(9) Grocery stores.
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(10) Laundromats and dry cleaning.
(11) Meat markets, but not including a meat processing facility.
(12) Motor vehicle repair businesses, minor (refer to section 90-249).
(13) Personal and professional services, including banks, offices and clinics.
(14) Personal health and beauty services.
(15) Public recreational fields, structures, and buildings.
(16) Restaurants.
(17) Retail sales of merchandise.
(c) Accessory uses. The following are permitted accessory uses in the C-1 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Dwelling unit, accessory apartments (refer to section 90-221).
(4) Fences (refer to section 90-227).
(5) Home occupations (refer to section 90-230).
(6) Lighting, outdoor (refer to section 90-238).
(7) Open or outdoor services, sale and rental (refer to section 90-252).
(8) Parking and loading areas (refer to section 90-252).
(9) Retail sales of lower-potency hemp edible products (refer to section 90-206(j)).
(10) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the C-1 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Campus development (refer to section 90-205).
(3) Convenience store and gas stations (refer to section 90-211).
(4) Drive-through businesses (refer to section 90-214).
(5) Hotels (refer to section 90-232).
(6) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(7) Plant nurseries, retail (refer to section 90-254).
(e) Interim use. The following are interim uses allowed in the C-1 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
a C-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:
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Minimum lot or parcel size 8,000 sq. ft.
Minimum lot width at front setback line 60 ft.
Minimum lot width for corner lots 70 ft.
Minimum front yard building setback 10 ft.
Minimum side yard building setback 0 ft.
Minimum rear yard building setback 30 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 90%
(Prior Code, § 1090, § 90-103; Ord. No. 2008-424, § 1, 10-20-2008; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No.
2015-470, § 3, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-
2025)
Sec. 90-103. General business district (C-2).
(a) Purpose. The purpose of the C-2, general business district is to provide for the establishment of service and
freestanding commercial businesses, including retail sales, offices, and restaurants, which are oriented
toward motorists and require high volumes of traffic and visibility from major roads.
(b) Permitted uses. The following are permitted in the C-2 district:
(1) All permitted uses as allowed in the C-1, central business district.
(2) Car washes (refer to section 90-207).
(3) Convenience stores and gas stations (refer to section 90-211).
(4) Drive-through businesses (refer to section 90-214).
(5) Hotels (refer to section 90-232).
(6) Veterinary clinics, small animal (refer to section 90-264).
(c) Accessory uses. The following are permitted accessory uses in the C-2 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Dwelling unit, accessory apartments (refer to section 90-221).
(4) Fences (refer to section 90-227).
(5) Home occupations (refer to section 90-230).
(6) Lighting, outdoor (refer to section 90-238).
(7) Open or outdoor service, sale and rental (refer to section 90-250).
(8) Parking and loading areas (refer to section 90-252).
(9) Signs (refer to section 90-260).
(10) Taprooms, tasting rooms, or cocktail rooms accessory to wineries, distilleries, or breweries (refer to
section 90-239).
(d) Conditional uses. The following are conditional uses allowed in the C-2 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
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(1) All conditional uses subject to the same conditions as allowed in the C-1 district, unless cited as a
permitted use in this section.
(2) Accessory garage or ramp, public and commercial (refer to section 90-252).
(3) Commercial recreation, outdoor (refer to section 90-210).
(4) Meat processing facility when accessory to a meat market (refer to section 90-245).
(5) Motor vehicle, boat, farm machinery and trailer sales (refer to section 90-248).
(6) Outdoor display of merchandise for sale (refer to section 90-251).
(7) Plant nurseries, wholesale (refer to sections 90-254).
(8) Recycling centers (refer to section 90-255).
(9) Trade or vocational schools (refer to section 90-263).
(10) Veterinary clinics, large animal (refer to section 90-264).
(11) Wineries, distilleries, or breweries (refer to section 90-239).
(e) Interim use. The following are interim uses allowed in the C-2 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the C-2 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 20,000 sq. ft.
Minimum lot width at front setback line 100 ft.
Minimum lot width for corner lots 130 ft.
Minimum front yard building setback 30 ft.
Minimum side yard building setback 30 ft.
Minimum rear yard building setback 30 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 80%
(Prior Code, § 1115, § 90-104; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015; Ord. No. 2024-534, § 1, 10-7-2024; Ord. No. 2025-539, 1-6-2025; Ord. No. 2025-541, 4-7-2025)
Sec. 90-104. Restricted industrial district (RI-1).
(a) Purpose. The restricted industrial zoning district (RI-1) is established to provide a location for office, storage,
repair and limited manufacturing facilities that do not require municipal water or sanitary sewer services. To
be permitted to operate in this zoning district, an industry must have sewage disposal requirements of three
or less residential equivalencies as determined by metropolitan council environmental services standards.
(b) Permitted uses. The following are permitted in the RI-1 district:
(1) Contractor operations.
(2) Essential public services (refer to section 90-222).
(3) Motor vehicle repair businesses, major and minor (refer to section 90-249).
(4) Radio and television transmission stations (refer to article VI, division 2, of this chapter).
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(5) Warehousing (refer to section 90-265).
(c) Accessory uses. The following are permitted accessory uses in the RI-1 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory garage or ramp, public and commercial (refer to section 90-252).
(3) Accessory solar energy systems (refer to section 90-261).
(4) Fences (refer to section 90-227).
(5) Lighting, outdoor (refer to section 90-238).
(6) Parking and loading areas (refer to section 90-252).
(7) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the RI-1 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Accessory retail or service (refer to section 90-204).
(2) Antennas (refer to article VI, division 2, of this chapter).
(3) Campus development (refer to section 90-205).
(4) Commercial, private and public satellite dish transmitting or receiving antennas (refer to article IV,
division 2 of this chapter).
(5) Commercial recreation, indoor (refer to section 90-210).
(6) Distribution centers (refer to section 90-213).
(7) Exterior storage (refer to section 90-223).
(8) Manufacturing (refer to section 90-243).
(9) Motor freight terminal (refer to section 90-247).
(10) Open or outdoor services, sale and rental (refer to section 90-250).
(11) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(12) Plant nurseries, retail and wholesale (refer to sections 90-254).
(13) Sexually oriented businesses, principal and accessory (refer to section 90-258).
(e) Interim use. The following are interim uses allowed in the RI-1 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) None.
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the RI-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 2½ acres
Minimum lot width at front setback line 300 ft.
Minimum front yard building setback 40 ft.
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Minimum side yard building setback from industrial zoned properties Equal to height of building. In no case
less than ten feet.
Minimum side yard building setback from properties not zoned
industrial.
40 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 50%
(Prior Code, § 1120, § 90-105; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-105. General industrial district (I-1).
(a) Purpose. The general industrial zoning district (I-1) provides a location for office, distribution, light industrial,
warehousing, wholesaling, and repair businesses.
(b) Permitted uses. The following are permitted in the I-1 district:
(1) Cannabis cultivators (refer to section 90-206(f)).
(2) Cannabis manufacturers (refer to section 90-206(g)).
(3) Cannabis mezzobusinesses (refer to section 90-206(e)).
(4) Cannabis microbusinesses (refer to section 90-206(d)).
(5) Cannabis wholesalers (refer to section 90-206(i)).
(6) Contractor’s operations.
(7) Distribution centers (refer to section 90-213).
(8) Essential public services (refer to section 90-222).
(9) Food processing.
(10) Laboratories.
(11) Manufacturing (refer to section 90-243).
(12) Motor vehicle repair businesses, major and minor (refer to section 90-249).
(13) Personal and professional services, including banks, offices and clinics.
(14) Radio and television transmission stations (refer to article VI, division 2 of this chapter).
(15) Self-service storage facilities (refer to section 90-257).
(16) Truck terminals.
(17) Warehousing (refer to section 90-265).
(18) Wineries, distilleries, or breweries (refer to section 90-239).
(c) Accessory uses. The following are permitted accessory uses in the I-1 district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory garage or ramp, public and commercial (refer to section 90-252).
(3) Accessory retail or services (refer to section 90-204).
(4) Accessory solar energy systems (refer to section 90-261).
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(5) Cannabis delivery services (refer to section 90-206(l)).
(6) Fences (refer to section 90-227).
(7) Lighting, outdoor (refer to section 90-238).
(8) Parking and loading areas (refer to section 90-252).
(9) Retail sales of cannabis products within a cannabis microbusiness or cannabis mezzobusiness (refer to
section 90-206(d)).
(10) Signs (refer to section 90-260).
(11) Taprooms, tasting rooms, or cocktail rooms accessory to wineries, distilleries, or breweries (refer to
section 90-239).
(d) Conditional uses. The following are conditional uses allowed in the I-1 district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Campus development (refer to section 90-205).
(3) Commercial, private and public satellite dish transmitting or receiving antennas (refer to article VI,
division 2 of this chapter).
(4) Commercial recreation, indoor (refer to section 90-210).
(5) Exterior storage (refer to section 90-223).
(6) Kennels, commercial (refer to section 90-235).
(7) Medical cannabis combination businesses (refer to section 90-206(k)).
(8) Motor freight terminals (refer to section 90-247).
(9) Motor vehicle, boat, farm machinery and trailer sales (refer to section 90-248).
(10) Open or outdoor services, sale and rental (refer to section 90-250).
(11) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(12) Plant nurseries, retail and wholesale (refer to section 90-254).
(13) Recycling centers (refer to section 90-255).
(e) Interim use. The following are interim uses allowed in the I-1 district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) None.
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the I-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 15,000 sq. ft.
Minimum lot width at front setback line 100 ft.
Minimum lot width for corner lots 130 ft.
Minimum front yard building setback 30 ft.
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Minimum side yard building setback from industrial zoned properties Equal to height of building. In no case
less than 10 ft.
Minimum side yard building setback from properties not zoned
industrial
40 ft.
Minimum rear yard building setback 30 ft.
Maximum building height 50 ft.
Maximum lot area to be covered by impervious surface 80%
(Prior Code, § 1125, § 90-107; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, §§ 1, 3, 5-4-2015; Ord. No.
2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-106. Business park (BP).
(a) Purpose. The business park district (BP) is to provide opportunities for office, office warehouse, light
industrial, and light manufacturing businesses. Generally, the types of uses that are intended for the BP
district are wholesale and retail trade establishments for large volumes or bulk commercial items, office
showrooms and small businesses that have both commercial and industrial characteristics. Uses allowed in
the district are limited to those that are compatible with lower intensity residential and business uses, and
which have limited amounts of truck traffic and outside storage in comparison to higher intensity industrial
uses. Because business park areas may abut residential neighborhoods, uses are regulated in height, lot
coverage, setbacks, landscaping, loading and use type, so as to facilitate compatibility between these uses
and residential development.
(b) Permitted uses. The following are permitted in the BP district:
(1) Brewpubs (refer to section 90-239).
(2) Cannabis cultivators (refer to section 90-206(f)).
(3) Cannabis manufacturers (refer to section 90-206(g)).
(4) Cannabis mezzobusinesses (refer to section 90-206(e)).
(5) Cannabis microbusinesses (refer to section 90-206(d)).
(6) Cannabis wholesalers (refer to section 90-206(i)).
(7) Distribution centers (refer to section 90-213).
(8) Essential public services (refer to section 90-222).
(9) Laboratories.
(10) Manufacturing (refer to section 90-243).
(11) Personal and professional services, including banks, offices and clinics.
(12) Restaurants.
(13) Trade or vocational schools (refer to section 90-263).
(14) Warehousing (refer to section 90-265).
(c) Accessory uses. The following are permitted accessory uses in the BP district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory retail and services (refer to section 90-204).
(3) Accessory solar energy systems (refer to section 90-261).
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(4) Cannabis delivery services (refer to section 90-206(l)).
(5) Fences (refer to section 90-227).
(6) Lighting, outdoor (refer to section 90-238).
(7) Parking and loading areas (refer to section 90-252).
(8) Retail sales of cannabis products within a cannabis microbusiness or cannabis mezzobusiness (refer to
section 90-206(d)).
(9) Signs (refer to section 90-260).
(10) Taprooms, tasting rooms, or cocktail rooms accessory to wineries, distilleries, or breweries (refer to
section 90-239).
(d) Conditional uses. The following are conditional uses allowed in the BP district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Campus development (refer to section 90-205).
(3) Commercial recreation, indoor (refer to section 90-210).
(4) Drive-through businesses (refer to section 90-214).
(5) Exterior storage (refer to section 90-223).
(6) Hotels (refer to section 90-232).
(7) Medical cannabis combination businesses (refer to section 90-206(k)).
(8) Park and ride lots and transit hubs (refer to section 90-252).
(9) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(10) Self-service storage facilities (refer to section 90-257).
(11) Wineries, distilleries, or breweries (refer to section 90-239).
(e) Interim use. The following are interim uses allowed in a BP district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) None.
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the BP industrial district subject to additional requirements, exceptions and modifications set forth in this
chapter:
Minimum lot or parcel size 15,000 sq. ft.
Minimum lot width at front setback line 100 ft.
Minimum lot width for corner lots 130 ft.
Minimum front yard building setback 30 ft.
Minimum side yard building setback from industrial zoned properties. Equal to height of building. In no case
less than 10 ft.
Minimum side yard building setback from properties not zoned
industrial.
40 ft.
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Minimum rear yard building setback 30 ft.
Maximum building height 50 ft.
Maximum lot area to be covered by impervious surface 80%
Minimum building size of principal building 1,500 sq. ft.
Minimum loading dock setback from residentially zoned property 300 ft.
Sec. 90-107. Mixed-use district (M-U).
(a) Purpose. The purpose of the mixed-use district is to provide opportunities for high-quality, walkable,
mixed-use development at key intersections in the community. A mix of land uses is essential to create
the vibrant neighborhoods needed to support retail and commercial uses. A combination of retail, office,
commercial and residential uses are expected in the mixed-use district. Vertical and horizontal mixed-use
buildings are allowed. This includes more than one principal use in a building. The relationship between
buildings, parking, landscaping, streets and pedestrian spaces must be well-thought-out to execute the
mixed-use vision. The mixed-use zoning district will be applied in areas designated as Mixed Use (MIX) in
the Comprehensive Plan.
(1) In addition to all the other standards of the zoning ordinance, the developer must comply with the
additional standards in this section. Where there is a conflict, the more restrictive shall apply.
(b) Permitted Uses. The following are permitted in the M-U district.
(1) All permitted uses as allowed in the C-2, general business district.
(2) Dwelling, apartments (refer to section 90-216).
(3) Dwelling, townhouses (refer to section 90-218).
(4) Residential facility, medium (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the M-U district:
(1) All accessory uses subject to the same conditions as allowed in the C-2, general business district.
(2) Daycare, family (refer to section 90-212).
(d) Conditional uses. Following are conditional uses allowed in the M-U district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall
be evaluated, based upon the standards and criteria in Article VI, Division 1
(1) All conditional uses subject to the same conditions as allowed in the C-2, general business district.
(2) Dwelling, single-family residential (refer to section 90-217).
(3) Dwelling, two-family (refer to section 90-219).
(4) Residential facility, small (refer to section 90-256).
(e) Interim use. The following are Interim uses allowed in the M-U district. Additionally, besides the general
IUP standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated,
based upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
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(f) Area requirements and construction limitations. The following minimum requirements shall be observed
in the M-U district subject to additional requirements, exceptions and modifications set forth in this
chapter:
Minimum lot or parcel size 25,000 sq. ft.
Minimum lot width at front setback line 100 ft.
Minimum front yard building setback 25 ft.
Minimum side yard building setback 10 ft.
Minimum side yard building setback to residential Equal to height of building. In no case
less than ten feet.
Minimum rear yard building setback 30 ft.
Maximum building height 45 ft. for Multi-Family, 35 ft. for all
other uses
Maximum lot area to be covered by impervious surface 70%
(g) Site Design.
(1) Structures shall be oriented and consolidated to complement existing and adjacent development and
to create a coordinated and visually attractive mixed-use setting throughout the district.
Development within this area shall be guided by an overall development plan that demonstrates how
the subject property and surrounding lands can develop in a coordinated manner. To ensure that the
proposed development achieves the mixed-use district vision, all development proposals must
include a narrative describing how the proposed development will meet the mixed-use vision and any
design guidelines for the area. The City may require street, utility, pedestrian, trail, drainage, and
access connections, including cross-access easements or shared access arrangements with adjacent
properties, as necessary to facilitate coordinated development and efficient circulation throughout
the district.
(2) Site planning shall respect the relationship of the site to the existing and proposed buildings and
streets and major roadways.
(3) Commercial parking lot design shall include provisions for cross easements and stubbed access drives
to the property line for the use of adjacent properties so that residents and customers do not need to
return to the public street system to access adjacent developments.
(4) Buildings shall have a clearly defined primary pedestrian entrance at street level.
(5) Wherever a surface parking area faces a street frontage, such frontage shall be screened with a
decorative wall, railing, hedge, or a combination of these elements to a minimum height of 2 ½ feet
and a maximum height of 3 ½ feet above the level of the parking lot.
(6) Drive-through or drive-in lanes are not allowed within the front yard of any buildings. They must be
located to the side or rear of a building.
(h) Parking Requirements
(1) At least 50 percent of the required parking for residential units in the M-U district shall be provided in
structured parking or in enclosed garages. The residential parking spaces shall be specifically reserved
for the use of residents and visitors only, separate from any commercial, office or other uses on-site
or nearby and shall not be counted as part of any shared parking or joint parking arrangement.
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(2) Parking for non-residential uses shall meet with requirements in Section 90-252 but may include
reductions for shared parking arrangements, if appropriate, as determined by the City Council. Any
shared parking arrangements must be fully connected and in reasonable proximity to each use.
(i) Exterior Storage.
(1) All exterior storage of material and equipment related to, located on, and used by any business or
other nonresidential use shall be stored within a building or fully screened so as not to be visible from
streets, highways, or neighboring property.
(2) Trash enclosure service structure: All exterior trash enclosures or other accessory structures shall be
constructed of the same materials and colors as the principal building.
(j) Landscape Design.
(1) In addition to the landscape requirements in Section 90-236 of this Chapter, plant materials shall be
used to create a unified and attractive mixed-use environment.
(2) Planting areas should be located and designed to avoid visual interference with public signage and
private commercial communication.
(3) Plant materials shall be arranged to provide focal points on the site, and concentrated to signify key
site locations such as the primary building entrance and site entrance and around signage, pedestrian
walkways, and the perimeter of the building.
Sec. 90-108. Future urban service district (FUS).
(a) Purpose. The future urban service district (FUS) represents transition areas of the city that have been
identified in the city's comprehensive land use plan as being physically eligible, fiscally practical, and
generally suitable for future staging of urban services. The identified areas may be located within or outside
of the metropolitan urban service area and require installation of private well and septic systems until urban
services are available. Development densities shall not exceed one dwelling unit per 20 acres. The intent of
the district is to promote the preservation of large parcels that are unencumbered by inefficient building and
road layouts, and to give notice to landowners that future extension of a full range of urban services into the
area is likely. The pending future land uses could be any use consistent with the city's comprehensive plan.
(b) Permitted uses. The following are permitted uses in the FUS district:
(1) Agriculture, including sale of products grown on premises (refer to section 90-224).
(2) Dwelling, single-family detached residential (refer to section 90-217).
(3) Essential public services (refer to section 90-222).
(4) Indoor riding arenas (refer to section 90-234).
(5) Plant nurseries, wholesale (refer to section 90-254).
(6) Public recreational fields, structures, and buildings.
(7) Residential facility, small (refer to section 90- 256).
(c) Accessory uses. The following are permitted accessory uses in the FUS district:
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(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory (refer to section 90-220).
(5) Dwelling unit, accessory apartments (refer to section 90-221).
(6) Exterior storage (refer to section 90-223).
(7) Farm and garden produce sales (refer to section 90-224).
(8) Fences (refer to section 90-227).
(9) Garages, private (refer to section 90-229).
(10) Home occupations (refer to section 90-230).
(11) Horse training and boarding facilities, private (refer to section 90-231).
(12) Kennels, all (refer to section 90-235).
(13) Lighting, outdoor (refer to section 90-238).
(14) Livestock and livestock operations (refer to section 90-240).
(15) Parking and loading areas (refer to section 90-252).
(16) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the FUS district and require a conditional use
permit. Additionally, besides the general CUP standards and criteria found in Section 90-37, each request for
a conditional use permit shall be evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
(2) Cemeteries (refer to section 90-208).
(3) Commercial recreation, outdoor (refer to section 90-210).
(4) Horse boarding and training facilities, commercial (refer to section 90-231).
(5) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(6) Plant nurseries, retail (refer to section 90-254).
(7) Wind powered generator (refer to section 90-267).
(e) Interim use. The following are interim uses allowed in the FUS district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(2) Farmhand living quarters (refer to section 90-225).
(3) Solar farms (refer to section 90-261).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the FUS district subject to additional requirements, exceptions and modifications set forth in this chapter:
Minimum lot or parcel size 20 acres
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Minimum lot width at front setback line 300 ft.
Minimum front yard building setback 40 ft.
Minimum side yard building setback 20 ft.
Minimum rear yard building setback 50 ft.
Maximum building height 35 ft.
Maximum lot area to be covered by impervious surface 35%
(Prior Code, § 1145, § 90-109; Ord. No. 2010-452, § 1, 12-20-2010; Ord. No. 2011-460, § 1, 11-7-2011; Ord. No.
2015-470, §§ 3, 4, 5-4-2015; Ord. No. 2016-475, 12-21-2015; Ord. No. 2025-541, 4-7-2025)
Sec. 90-109. Future central business district (FCB).
(a) Purpose. The future central business district (FCB) represents transition areas that have been identified as
practical and generally suitable for future development as part of the city’s downtown. The purpose of the
future central business district is to provide a holding zone until a landowner makes application for
development, at which time the city may rezone the affected property consistent with the downtown plan,
provided the development does not result in the premature extension of public utilities or impede planned
road improvements. Residential land uses will be allowed to continue pending future redevelopment
consistent with the city's downtown plan.
(b) Permitted uses. The following are permitted in the FCB district:
(1) Dwelling, single-family detached residential (refer to section 90-217).
(2) Essential public services (refer to section 90-222).
(3) Public recreational fields, structures, and buildings.
(4) Residential facility, small (refer to section 90-256).
(c) Accessory uses. The following are permitted accessory uses in the FCB district:
(1) Accessory buildings (refer to section 90-203).
(2) Accessory solar energy systems (refer to section 90-261).
(3) Daycare, family (refer to section 90-212).
(4) Dwelling unit, accessory (refer to section 90-220).
(5) Dwelling unit, accessory apartments (refer to section 90-221).
(6) Fences (refer to section 90-227).
(7) Garages, private (refer to section 90-229).
(8) Home occupations (refer to section 90-230).
(9) Lighting, outdoor (refer to section 90-238).
(10) Parking and loading areas (refer to section 90-252).
(11) Signs (refer to section 90-260).
(d) Conditional uses. The following are conditional uses allowed in the FCB district. Additionally, besides the
general CUP standards and criteria found in Section 90-37, each request for a conditional use permit shall be
evaluated, based upon the standards and criteria in Article VI, Division 1.
(1) Antennas (refer to article VI, division 2, of this chapter).
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(2) Dwelling, two-family (refer to section 90-219).
(3) Places of assembly, including public, educational, private clubs, or religious facilities (refer to section
90-253).
(e) Interim use. The following are interim uses allowed in the FCB district. Additionally, besides the general IUP
standards and criteria in Section 90-38, each request for an interim use permit shall be evaluated, based
upon the specific standards and criteria in Article VI, Division 1.
(1) Home occupations (refer to section 90-230).
(f) Area requirements and construction limitations. The following minimum requirements shall be observed in
the FCB district subject to additional requirements, exceptions and modifications set forth in this chapter:
Single-family Two-family
Minimum lot or parcel size 8,400 sq. ft. 15,000 sq. ft.
Minimum lot width at front setback line 80 ft. 100 ft.
Minimum front yard building setback 25 ft. 25 ft.
Minimum side yard building setback 10 ft. 10 ft.
Minimum rear yard building setback 25 ft. 25 ft.
Maximum building height 35 ft. 35 ft.
Maximum lot area to be covered by impervious surface 50% 50%
(Prior Code, § 1150, § 90-110; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2016-
475, 12-21-2015)
Secs. 90-110—90-135. Reserved.
- CODE OF ORDINANCES
Chapter 90 - ZONING AND LAND USE
ARTICLE IV. - ZONING DISTRICT REGULATIONS
DIVISION 2. OVERLAY DISTRICTS
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DIVISION 2. OVERLAY DISTRICTS
Sec. 90-136. Introduction.
Overlay districts are areas within the city that have special regulations applied to them because of their
unique environmental or cultural characteristics. Overlay districts are superimposed over the underlying zoning
district and the regulations for each apply to the subject property.
(Prior Code, § 1155-010.1)
Sec. 90-137. Shoreland district.
The shoreland district of the city shall be all that land within 1,000 feet of the ordinary high-water levels of
the lakes, ponds, and flowages, and within 300 feet of the ordinary high-water level of the rivers and streams listed
in the shoreland classification data table of this section. All land lying within the shoreland district of the city shall
be subject to the regulations established herein.
(1) The following table shows the shoreland classification data for the city:
Shoreland Classification Data
Lake Name I.D. T R Sections Classification
Unnamed 2-1W 31 21;22 30—25 Natural environment (NE)
Bald Eagle 62-2 31 21 31—
Various
General development (GD)
Barker 82-76 31 21;20 12—7 Natural environment (NE)
Goggins Lake 82-77 31 21;20 36—31 Natural environment (NE)
Round 82-
136
31 21 35 Recreational development (RD)
Fish 82-
137
31;30 21 33—6 Natural environment (NE)
Horseshoe 82-
138
31 21 3—4 Natural environment (NE)
Oneka 82-
140
31 21 9—16 Natural environment (NE)
Unnamed 82-
141
31 21 11—14 Natural environment (NE)
Unnamed 82-
144
31 21 14 Natural environment (NE)
Unnamed 82-
145
31 21 14—23 Natural environment (NE)
Rice 82-
146
31 21 15, 16,
21, 22,
27, 28
Natural environment (NE)
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Shoreland Classification Data
Lake Name I.D. T R Sections Classification
Egg 82-
147
31 21 20—29 Recreational development (RD)
Lake Plaisted 82-
148
31 21 25 Natural environment (NE)
North School
Section
82-
149
31 21 25 Natural environment (NE)
Unnamed 82-
150
31 21 25—26 Natural environment (NE)
South School
Section
82-
151
31 21 25—26 Natural environment (NE)
Unnamed 82-
152
31 21 26 Natural environment (NE)
Sunset 82-
153
31 21 27—34 Recreational development (RD)
Long 82-
155
31 21 35 Natural environment (NE)
Unnamed 82-
156
31 21 1—36 Natural environment (NE)
Watercourses1
Unnamed to
Rice Lake
31 21 20—21 General development (GD)
Clearwater
Creek
31 21 31—19 General development (GD)
Unnamed to
Clearwater
Creek
31 21 8—19 General development (GD)
1 All rivers and streams in the municipality having a total drainage area of greater than two square miles are
assigned a shoreland classification of general development.
(2) The following table provides the minimum dimensional requirements for development within the
shoreland district. The city council may grant variances to the strict interpretation of these standards in
accordance with section 90-40.
Dimensional Requirements For Riparian Shoreland Development
(for residential lots only unless otherwise stated)
Minimum
Lot Area
Minimum
Lot Width
Structure
Setback
from OHWL
Minimum
Septic
Setback
from OHWL
Maximum
Structure
Height
Natural environment lake —
sewered lot
40,000
sq. ft.
125 ft. 150 ft. NA 25 ft.
Natural environment lake —
unsewered lot
80,000
sq. ft.
200 ft. 150 ft. 150 ft. 25 ft.
Recreational lake — sewered lot 20,000
sq. ft.
80 ft. 75 ft. NA 25 ft.
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Recreational lake — unsewered
lot
40,000
sq. ft.
150 ft. 100 ft. 75 ft. 25 ft.
General development lake —
sewered lot
15,000
sq. ft.
80 ft. 50 ft. NA 25 ft.
General development lake —
unsewered lot
40,000
sq. ft.
150 ft. 75 ft. 50 ft. 25 ft.
Dimensional Requirements for Nonriparian Shoreland Development
(for residential lots only unless otherwise stated)
Minimum Lot Area Minimum
Lot Width
Maximum
Structure Height
Natural environment lake—
sewered lot
20,000 sq. ft. 125 ft. 25 ft.
Natural environment lake—
unsewered lot
80,000 sq. ft. 200 ft. 25 ft.
Recreational lake—
sewered lot
15,000 sq. ft. 80 ft. 25 ft.
Recreational lake—
unsewered lot
40,000 sq. ft. 150 ft. 25 ft.
General Development lake—
sewered lot
10,400 sq. ft. 80 ft. 25 ft.
General Development lake—
unsewered lot
40,000 sq. ft. 150 ft. 25 ft.
Controlled Access Lots and
Commercial Lots, based on lake
type
As above plus 25% As above plus 25% 25 ft.
Notes to Table:
1. Building setbacks on side yards fronting public streets shall be the same as the specified front yard setback.
2. Church steeples and nonresidential farm buildings are excluded from height limitations.
3. No more than 25% of a lot or parcel in the shoreland district may be covered by an impervious surface.
(3) Permitted uses within the shoreland district shall be the same as those of the underlying zoning
district.
(4) Permitted accessory uses in the shoreland district shall be the same as those of the underlying zoning
district, and also include:
a. One deck or dock not meeting the normal setback requirements from the waterbody as defined
in this section, given that the deck meets the following conditions:
1. The dock may not occupy an area exceeding 450 square feet in the case of a private dock,
nor 600 square feet in the case of a commercial or public dock.
2. The dock may not be over six feet wide in relation to the shoreline.
3. No dock, platform, deck, or similar structure shall be located within or over the banks of a
creek or stream.
4. The dock may not block a navigable channel.
5. The dock may not extend more than 75 feet past the ordinary high-water level into a lake
in the case of a private dock, nor more than 100 feet past the ordinary high-water level in
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the case of a commercial or public dock. A variance may be granted in accordance with
section 90-40 to allow access to navigable waters.
6. The treadway of the dock may not be more than two feet above the ordinary high-water
level of the waterbody over which it is constructed.
7. No walls, roof, or enclosed structure may be constructed on any dock.
b. One stairway for achieving access up and down bluffs and steep slopes to shore areas. The
stairway may not be greater than four feet in width, and may not have a landing exceeding 32
square feet area.
c. Lifts for achieving access up and down bluffs and steep slopes.
(5) Conditional uses in the shoreland district shall be the same as those for the underlying zoning district,
and also include:
a. Intensive clearing of vegetation, except for agricultural and forest management practices as
permitted by law.
b. Advertising signs.
c. Lake access lots.
d. Marinas.
(Prior Code, § 1155-020.1; Ord. No. 2022-513, § 1, 8-1-2022)
Sec. 90-138. Floodplain district.
(a) The floodplain district of the City of Hugo shall apply to all lands in the city shown on the official zoning map
and/or the attachments thereto as being located within the boundaries of Zone AE or Zone A.
(b) Establishment of official zoning map: The official zoning map together with all materials attached thereto is
hereby adopted by reference and declared to be a part of this chapter. The attached material shall include
the Flood Insurance Study for Washington County, Minnesota and Incorporated Areas prepared by the
Federal Emergency Management Agency and dated February 3, 2010 and Flood Insurance Rate Map Panels
numbered; 2705040109E, 2705040117E, 2705040119E, 2705040128E, 2705040129E, 2705040133E,
2705040134E, 2705040136E, 2705040138E, 2705040140E, 2705040143E, 2705040144E, 2705040145E,
2705040207E, 2705040230E, and 2705040235E. The official zoning map shall be on file in the office of the
city clerk.
(1) Permitted uses. Any use of the land that does not involve a structure, a habitation, an addition to the
outside dimensions of an existing structure, or an obstruction to flood flows such as fill, excavation, or
the storage of materials and supplies, so long as such use is permitted in the underlying zoning district.
The use must not increase any stage of the 100-year regional flood or cause an increase in flood
damages in the reach or reaches affected.
(2) Accessory uses. Any use of the land that does not involve a structure, a habitation, an addition to the
outside dimensions of an existing structure, or an obstruction to flood flows such as fill, excavation, or
the storage of materials and supplies, so long as such use is a permitted accessory use in the underlying
zoning district. The use must not increase any stage of the 100-year regional flood or cause an increase
in flood damages in the reach or reaches affected.
(3) Conditional uses. Any permitted, accessory, or conditional use allowed in the underlying zoning district
may be allowed as a conditional use in the general floodplain district subject to the conditions
established in subsection (4) of this section.
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(4) Standards for floodplain district conditional uses.
a. No structure, facility, or land use shall be allowed in the floodway that will increase the stage of
the 100-year regional flood or cause an increase in flood damages in the reach or reaches
affected, except for railroads, essential government facilities, accessory structures for public and
private recreational facilities, essential utilities, marinas, docks, and other water-oriented
accessory structures.
b. No use shall result in obstruction to, or be incompatible with, preservation of those natural land
forms, vegetation, and wetland areas contiguous to watercourses in the city where such use will
detract from consistent rates of water flow.
c. No use shall be permitted that results in development of land or water areas necessary to
temporarily store excessive amounts of surface water during periods of floodwater or high water,
or of groundwater recharge areas, where such development may decrease the capacity of such
areas to temporarily store surface waters or to provide groundwater infiltration.
d. The use must meet the construction standards found in subsection (5) of this section.
e. Storage of material and equipment may be allowed below the regulatory flood protection
elevation if readily removable from the area within the time available after a flood warning, and
in accordance with a plan approved by the city council.
f. Commercial, recreational, and accessory uses may be allowed only where an adequate flood
warning system exists to allow evacuation of areas to be flooded prior to their inundation.
g. Industrial uses may be permitted in the floodplain district only when adequate procedures are in
place to limit flood interference with normal plant operations.
h. Temporary, on-site storage of fill or other material may be allowed that would increase the stage
of the 100-year or regional flood if a specific and detailed removal plan for the material is
accepted by the city council. The applicant shall be required to post financial security in an
amount not less than 125 percent of the cost of removing the material, and provide proof of
liability insurance as necessary to indemnify the city for any potential damage to public or private
property caused from possible increased flooding.
i. To be considered complete, all applications for a conditional use permit to construct a
permanent structure in the floodplain overlay district shall include an elevation certificate, (FEMA
Form 81-31) completed and certified by a registered land surveyor.
j. Structural works for flood control such as levees, dikes and floodwalls constructed to any height
may be allowed where the intent is to protect individual structures and levees or dikes may be
allowed where the intent is to protect agricultural crops for a frequency flood event equal to or
less than the 10-year frequency flood event, provided the provisions of subsections 90-138 (5) n.
and (5) o. are satisfied.
k. Motor homes that are currently in the floodplain that do not meet the exemption criteria
specified in subsection k. 1. immediately below shall be subject to the provisions of subsection (5)
of this section for new structures):
1. Exemption. Motor homes located within the city are exempt from the provisions of this
section if they meet the following criteria:
i. Have current licenses required for highway use.
ii. Are highway ready meaning on wheels or the internal jacking system, are
attached to the site only by quick disconnect type utilities commonly used in
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campgrounds and recreational vehicle parks and the motor homes has no
permanent structural type additions attached to it.
iii. The motor homes and associated use must be permissible in any pre-existing,
underlying zoning use district.
iv. The motor home shall have no structural additions including decks.
(5) Floodplain use and construction standards.
a. All permanent structures, including accessory structures and additions to existing structures, shall
be constructed on fill so that the basement floor, or first floor if there is no basement, is one foot
or more above the regulatory flood protection elevation. The finished fill elevation must be no
lower than one foot below the regulatory flood protection elevation and shall extend at such
elevation 15 feet beyond the limits of the structure constructed thereon. As an alternative,
alterations and additions to nonconforming structures may be flood proofed in accordance with
section 90-48 of this chapter.
b. As an alternative to construction on fill, low cost accessory structures (under $10,000.00) may be
internally floodproofed in accordance with the following standards:
1. Accessory structures shall not be designed for human habitation.
2. Accessory structures in the floodway, if permitted, shall be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood waters:
i. Whenever possible, structures shall be constructed with the longitudinal axis
parallel to the direction of flood flow; and
ii. So far as practicable, structures shall be placed approximately on the same
flood flow lines as those of adjoining structures.
3. Accessory structures not elevated on fill to the regulatory flood protection elevation may
be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code
provided the accessory structure constitutes a minimal investment, does not exceed 500
square feet in size at its largest projection, and for a detached garage, the detached garage
must be used solely for parking of vehicles and limited storage. All floodproofed accessory
structures must meet the following additional standards:
i. The structure must be adequately anchored to prevent flotation, collapse or
lateral movement of the structure and shall be designed to equalize hydrostatic
flood forces on exterior walls;
ii. Any mechanical and utility equipment in a structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed; and
iii. To allow for the equalization of hydrostatic pressure, there must be a minimum
of two "automatic" openings in the outside walls of the structure having a total
net area of not less than one square inch for every square foot of enclosed area
subject to flooding. There must be openings on at least two sides of the
structure and the bottom of all openings must be no higher than one foot
above the lowest adjacent grade to the structure. Using human intervention to
open a garage door prior to flooding will not satisfy this requirement for
automatic openings.
c. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's
lowest floor above the regulatory flood protection elevation. These alternative methods may
include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl
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spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-
grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at
least one side of the structure; 2) it is designed to internally flood and is constructed with flood
resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The
above-noted alternative elevation methods are subject to the following additional standards:
1. Design and certification. The structure's design and as-built condition must be
certified by a registered professional engineer or architect as being in
compliance with the general design standards of the state building code and,
specifically, that all electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent flood water
from entering or accumulating within these components during times of
flooding.
2. Specific standards for above-grade, enclosed areas. Above-grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
i. A minimum area of openings in the walls where internal flooding is to be
used as a flood proofing technique. There shall be a minimum of two
openings on at least two sides of the structure and the bottom of all
openings shall be no higher than one-foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch
for every square foot of enclosed area subject to flooding unless a
registered professional engineer or architect certifies that a smaller net
area would suffice. The automatic openings may be equipped with
screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of flood waters without any form of
human intervention; and
ii. That the enclosed area will be designed of flood resistant materials in
accordance with the FP-3 or FP-4 classifications in the state building code
and shall be used solely for building access, parking of vehicles or storage.
d. Structures shall be constructed to prevent flotation which may result in damage to other
structures and/or restrictions of bridge openings or other narrow sections of watercourses.
e. Public services such as gas, electrical, sewer and water supply systems shall be floodproofed in
accordance with the state building code, unless situated above the regulatory flood protection
elevation.
f. Parking lots may be constructed at elevations lower than the regulatory flood protection
elevation, provided that for the parking lots to be used by employees or the general public, a
flood warning system must be in place and operational. The flood warning system must provide
adequate time for evacuation if the area would be inundated to a depth and velocity such that
when multiplying the depth (in feet) times the velocity (in feet per second) the product number
exceeds four upon occurrence of the regional flood.
g. Railroad tracks, roads, and bridges shall be elevated to, or above, the regulatory flood protection
elevation where failure or interruption of the facility would result in danger to the public health
or safety, or where such facilities are essential to the orderly functioning of the area.
h. Uses and principal structures that do not have a vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation to lands outside of the
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floodplain shall not be permitted unless granted a variance in accordance with section 90-40.
Such variance shall limit the use or occupancy period to nonflood periods, and may be granted
only where adequate warning time is available to vacate the property prior to the driveway
becoming impassable.
i. Service facilities, such as electrical and heating equipment, whether inside or outside of a
structure, shall be installed at or above the regulatory flood protection elevation, or be
adequately floodproofed to avoid damage to the facility during periods of flood.
j. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain district shall be
located out of the floodway and protected from erosion by vegetative cover, mulching, riprap, or
other method acceptable to the city engineer.
k. Dredge spoil sites and mining operations created after the adoption of the ordinance from which
this chapter is derived shall not be allowed in the floodway but may be allowed in the flood fringe
if a long-term site development plan is submitted that includes erosion/sedimentation
prevention.
l. Materials and equipment must be stored on fill to a point at or above the regulatory flood
protection elevation.
m. The storage or processing of materials that are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life is prohibited.
n. Structural works for flood control that will change the course, current, or cross section of
protected wetlands or public waters shall be subject to the provisions of the Minn. Stat. §10 (G).
Community-wide structural works for flood control intended to remove areas from the floodplain
district shall not be allowed in the floodway.
o. A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-
year or regional flood, and the technical analysis must assume equal conveyance or storage loss
on both sides of the stream.
p. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining floodplain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the official zoning map.
(6) Altering designations and boundaries. In certain instances, land may be removed from the floodplain
district by increasing its elevation through fill in accordance with the standards established by the
Minnesota Department of Natural Resources and the Federal Emergency Management Agency (FEMA)
for removing the special flood hazard designation on property. Such change to the boundaries of the
floodplain district may be allowed by the city council by resolution amending this section following a
recommendation by the city engineer and approval by the state department of natural resources and
FEMA.
(7) Certificate required for use or occupancy. It is unlawful for any person to use, occupy, or permit the
use or occupancy of any building or premises in the floodplain district that is hereafter created,
erected, changed, converted, altered, or enlarged in its use or structure without first having obtained a
certificate of occupancy from the community development director.
(8) Conditions for permits and certificates. As a condition for granting any certificate of occupancy,
certificate of compliance, or conditional use permit for any property or use in the floodplain district,
the property owner or user shall provide the community development director the following:
a. A certification from a registered professional engineer, registered architect, or registered land
surveyor, that the finished fill and building elevation are in compliance with the provisions of this
chapter.
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b. Where floodproofing measures have been taken, the owner or user shall provide a certification
from a registered professional engineer or registered architect that the floodproofing measures
taken are in compliance with subsection (5) of this section.
c. Certification from a registered professional engineer, registered architect, or registered land
surveyor of the as-built elevation of the finished fill and floor elevations for all structures located
in the floodplain district.
(9) Records to be maintained. The community development director shall maintain a record of the floor
elevations and flood proofing measures of all buildings or structures hereafter constructed, altered, or
enlarged in the floodplain district.
(10) Permit required for obstruction. It is unlawful for any person to construct, erect, or maintain an
obstruction in the floodplain district without a permit from the city council.
(11) Limitation to interpretation of regulations. The city shall not be more restrictive in the interpretation
of its floodplain regulations than required by the state department of natural resources.
(12) Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As
soon as is practicable, but not later than six months after the date such supporting information
becomes available, the community development director shall notify the Chicago Regional Office of
FEMA of the changes by submitting a copy of said technical or scientific data.
(13) Notifications for mapped watercourse alterations. The zoning administrator shall notify, in riverine
situations, adjacent communities and the commissioner of the department of natural resources prior
to the community authorizing any alteration or relocation of a mapped watercourse. If the applicant
has applied for a permit to work in the beds of public waters pursuant to Minn. Stat. §103G, this shall
suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall
also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency
(FEMA).
(14) Annexations. The flood insurance rate map panels adopted by reference in this article may include
floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this
ordinance. If any of these floodplain land areas are annexed into the city after the date of adoption of
this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this chapter
immediately upon the date of annexation.
(Prior Code, § 1155-030.1; Ord. No. 2009-434, § 1, 10-5-2009)
Sec. 90-139. Wetlands protection district.
(a) The wetlands protection district of the city is all that land located in the city that has a predominance of
hydric soils, are inundated by surface water or groundwater at a frequency and duration to support a
prevalence of hydrophilic vegetation typically adapted for life in saturated soils conditions, and under normal
circumstances, support a prevalence of such vegetation. The district does not include public waters wetlands
as defined in Minn. Stat. § 103G.005, subd. 15a.
(1) Determination of land located in the city's wetlands protection district shall be based on the January
1989 edition of Technical Report Y-82-1, Army Corps of Engineers Wetland Delineation Manual, and is
subject to approval of the city engineer or designated alternate. Where there is any dispute to the
correct delineation of a wetland area, the property owner may request, in writing, a determination of
the boundary be made by a technical evaluation panel to consist of three individuals chosen for their
technical expertise: one each appointed by the board of soil and water resources, the watershed
district of jurisdiction, and the city engineer. Such request must be made prior to the City Council
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approving or denying any land use request. Once approved by the city council, the delineation made by
the technical evaluation panel shall be the official record of the city.
(2) It is unlawful for any person to fill, excavate, alter, or drain, or to allow the fill, excavation, alteration,
or drainage of any land within the wetland protection district, except in conformance with this chapter.
No building or structure may be constructed or placed in the wetland protection district except in
conformance with this chapter and state law.
(3) Those uses and activities specified in Minn. Stat. § 103G.2241, 103G.231 and 103G.2364 are permitted
accessory uses in the wetlands protection district to the extent allowed by law.
(4) Fill, excavation, alteration, and drainage of wetlands may be allowed by conditional use permit, subject
to an approved wetlands replacement plan prepared in accordance with Minn. Stat. § 103G.222 and/or
Minn. Stat. § 103G.2242. The wetlands replacement plan shall be considered concurrently and as part
of the conditional use permit.
(Prior Code, § 1155-050.1)
Sec. 90-140. Superfund recovery district.
(a) All parcels of land determined by the state pollution control agency (MPCA) to be contaminated by
hazardous substances, in accordance with Minn. Stat. ch. 115B, shall be included in the superfund recovery
district of the city without any further action by the city. Once the MPCA issues a certification that the
hazardous conditions on the property have been corrected, the parcel shall be removed from the district
without any further action by the city.
(b) The construction or expansion of any building or accessory structure, changes of use, and topographic
alteration not related to cleanup of the site, shall be conditional uses in the superfund recovery district.
(c) No conditional use permit shall be issued to a parcel of land in the superfund recovery district that would
impede, delay, or make impractical the complete correction of environmentally hazardous conditions on the
parcel.
(Prior Code, § 1155-060.1)
Sec. 90-141. Planned unit developments (PUD).
(a) Purpose and intent. Planned unit developments (PUD) offer enhanced flexibility to develop a site through
the relaxation of most normal zoning district standards. The use of the PUD zoning district also allows for a
greater variety of uses, internal transfers of density, construction phasing and a potential for lower
development costs. In exchange for this enhanced flexibility, the city has the expectation that the
development plan will result in a significantly higher quality and more sensitive proposal than would have
been the case with the use of other, more standard zoning districts. It will be the applicant's responsibility to
demonstrate that the city's expectation is to be realized as evaluated against the following criteria:
(1) The establishment of PUD zoning districts in appropriate settings and situations, to create or maintain a
development pattern that complies with the city's comprehensive plan.
(2) The mixing of land uses within a development when such mixing of land uses could not otherwise be
accomplished under this chapter.
(3) Variations to the strict application of the land use regulations in this chapter in order to improve site
design and operation, while at the same time incorporating design elements (e.g., construction
materials, landscaping, lighting, open space, etc.) that exceed the city's standards to offset the effect of
any variations.
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(4) A more creative and efficient approach to land use within the city, while at the same time protecting
and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the
city.
(5) Preservation and enhancement of natural features and open spaces, including but not limited to the
width expansion of greenway corridors, conservation of wooded areas, development of buffer areas,
reduction of impervious surface, and utilization of joint facilities and utilities.
(6) Maintenance or improvement for the efficiency of public streets and utilities.
(7) Establishment of appropriate transitions between differing land uses.
(b) Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development
plan.
(1) Each PUD shall be used for the use for which the site is designated in the comprehensive plan, except
that the city may permit up to 25 percent of the gross floor area of all buildings in a PUD to be used for
land uses for which the site is not designated in the comprehensive plan, if the city council finds that
such use is in the best interests of the city and is consistent with the requirements of this section.
Specific uses and performance standards for each PUD shall be delineated in a PUD development plan.
(2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan,
the city may require that the PUD include all the land uses so designated or such combination of the
designated uses as the city council shall deem appropriate to achieve the purposes of this article and
the comprehensive plan.
(c) Setbacks and building heights. The various setback and height regulations of the most closely related
conventional zoning district shall be considered presumptively appropriate, but may be departed from in
order to accomplish the purposes described in this section.
(d) Development density. The following are zoning district maximum density limits for planned unit
developments:
Zoning
District
Maximum Development Density
LA 1 unit per 40 acres
AG 1 unit per 10 acres
RR 1 unit per 10 acres
R-1 1 unit per 1 acre
R-2 4 units per 1 acre
R-3 6 units per 1 acre
R-4 8 units per 1 acre
R-5 12 units per 1 acre
M-U 60 units per 1 acre
(e) Sketch plan. Prior to the filing of a formal application, the applicant may submit a sketch plan of the project
to the community development director. A sketch plan will be processed according to the information
requirements, standards and procedures for sketch plans as established by section 90-36.
(f) General plan. A PUD general plan is a plan and supportive text depicting general land use, circulation, open
space, utilities, etc. for parcels of land within a PUD.
(1) Application procedure. PUD zoning applications shall be processed according to the evaluation criteria
and procedures.
(2) Information requirement. The information required for all PUD general plan applications shall be as
specified:
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a. Overall gross and net density.
b. Identification of minimum lot size and lot width.
c. General location of major streets and pedestrian ways.
d. General location and extent of public and common open space.
e. General location and type of land uses and intensities of development.
f. Staging and time schedule for development.
(3) The community development director, planning commission, and/or city council may excuse an
applicant from submitting any specific item of information or document required by this section which
it finds to be unnecessary to the consideration of the specific PUD being considered.
(g) Zoning enactment. A rezoning of a parcel of land to PUD shall not become effective until such time as the
city council approves an ordinance reflecting said amendment, which shall take place at the time the city
council approves the final plan.
(h) Final plan. After approval of the general plan, the applicant may apply for final plan approval for all or a
portion of the PUD. The applicant shall submit the following material for review by and approval of the
community development director prior to issuance of any building permit.
(1) Development plans in final form, based on the approved general plan, covering that portion of the PUD
where building permits will be requested under the phasing plan.
(2) Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit
within the PUD and of the establishment and activation of any entity that is to be responsible for the
management and maintenance of any public or common open space or service facility.
(3) Any other plans, agreements or specifications necessary for the community development director to
review the proposed final plan.
(i) Periodic PUD Review. The city council may require periodic review of a PUD as a condition to approval of a
PUD general plan in order to ensure compliance with the conditions of the PUD. At such time the city council
may, at its discretion, choose to take additional testimony on the PUD.
(j) Plan modification/amendment of a PUD.
(1) General Requirements. The community development director shall maintain a record of all PUD zones
approved by the city, including all pertinent project plans, any conditions imposed on a project by the
city council, and such other information as the community development director may deem
appropriate.
(2) Withdrawal of an application. An applicant may withdraw any application under this section without
prejudice at any time prior to final city council action thereon.
(3) Coordination with other zoning regulations. Subdivision review, article VII, shall be carried out
simultaneously with the review of a PUD.
a. The plans required under this chapter shall be submitted in addition to or in a form that will
satisfy the requirements of article VII for the preliminary and final plat.
b. Site plan review under this Code shall be carried out for each n structure as required by section
90-36.
c. PUD plans shall be coordinated with and in compliance with provisions of the natural
environment-based regulations identified in this Code.
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d. Conveyance of property within a PUD. In the event that any real property within an approved
PUD is conveyed in total or in part, the buyer thereof shall be bound by all provisions of the PUD
and the general plan for that project. However, nothing in this chapter shall be construed as to
make such conveyed property nonconforming with regard to normal zoning standards as long as
the conveyed property conforms to the approved PUD and the general plan for a project.
(4) Agreement/financial guarantee. Following the approval of the general plan but prior to final plan
approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD,
and shall also provide such financial guarantees as the city requires or deems necessary. Such
agreement may take the form of:
a. A development agreement; and/or
b. A site improvement performance agreement; and/or
c. Another form of legally binding instrument as may be required by the city.
(k) PUD. The following table is a list of Planned Unit Developments currently approved in the City of Hugo :
PUD NAME Ordinance/Resolution Date Adopted
Oneka Prairie Ord. No. 2022-519 Adopted December 19, 2022
The Shores of Oneka Lake Ord. No. 2022-514 Adopted August 15, 2022
Oneka Lake Townhomes Ord. No. 2021-505 Adopted June 7, 2021
The Meadows at Hugo Ord. No. 2021-503 Adopted March 1, 2021
Downtown Property Ord. No. 2020-500 Adopted May 4, 2020
Rice Lake Reserve Ord. No. 2020-498 Adopted January 6, 2020
The Preserve on Sunset Lake Ord. No. 2018-491 Adopted November 5, 2018
Oneka Place Ord. No. 2018-487 Adopted May 21, 2018
Adelaide Landing Ord. No. 2017-481 Adopted April 17, 2017
Good Life Senior Living Ord. No. 2015-473 Adopted October 19, 2015
Clearwater Cove Ord. No. 2015-471 Adopted August 3, 2015
LaValle Fields First Addition Ord. No. 2014-468 Adopted February 3, 2014
Oneka Square Ord. No. 2007-409 Adopted June 18, 2007
Diamond Point West 2nd Addition Ord. No. 2004-392 Adopted May 24, 2004
Waters Edge South Ord. No. 2004-391 Adopted May 17, 2004
Centex Homes/Pratt Investments (Heritage Ponds) Ord. No. 2004-390 Adopted May 3, 2004
Victor Gardens 4th Addition Ord. No. 2004-389 Adopted May 3, 2004
Northern Pines Ord. No. 2004-383 Adopted January 5, 2004
Diamond Point East/West Ord. No. 2003-375 Adopted June 16, 2003
Eagle Shores Ord. No. 2003-372 Adopted April 21, 2003
Waters Edge North Ord. No. 2002-367 Adopted December 16, 2002
Legacy Subdivision Ord. No. 2002-363 Adopted August 5, 2002
Fenway Park Ord. No. 2002-361 Adopted July 1, 2002
Hidden Hills Preserve Reso. No. 2001-59 Approved October 18, 2001
Victor Gardens Reso. No. 2000-47 Approved November 20, 2000
(Prior Code, § 1215-190.1)
Secs. 90-142—90-165. Reserved.
- CODE OF ORDINANCES
Chapter 90 - ZONING AND LAND USE
ARTICLE V. ENVIRONMENTAL PROTECTION
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ARTICLE V. ENVIRONMENTAL PROTECTION
Sec. 90-166. Introduction.
This article establishes minimum environmental protection standards for all land development and land uses
in the city.
(Prior Code, § 1175-010.1)
Sec. 90-167. Environnemental review.
(a) The purpose of this section is to determine whether certain projects have or may have the potential for
significant environmental effects and should undergo special procedures of the state environmental review
program.
(b) When an environmental assessment worksheet (EAW), alternative urban areawide review (AUAR), or
environmental impact statement (EIS) is required or otherwise ordered or submitted, the applicable review
procedures shall be as set forth in the Minnesota Environmental Quality Board regulations for the
Environmental Review Program, as authorized by Minnesota Statutes and specified in Minnesota Rules 4410.
(c) An EAW, AUAR, or EIS application, together with the completed data portions of the environmental
document, shall be accompanied by a fee and cash escrow as set forth in ordinance. Costs of city time and
materials expended in reviewing and processing the application shall be charged against the cash escrow
account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less
than 10% of the originally required cash escrow amount, the project proposer shall deposit additional funds
in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash
escrow account upon completion of the process shall be returned to the project proposer after all claims and
charges thereto have been deducted.
(d) Upon completion of the environmental document for distribution and the start of the comment period, the
Zoning Administrator shall provide mailed notice of the availability of the environmental document to all
property owners within 600 feet of the boundaries of the property that is the subject of the environmental
document. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth
in this chapter.
(e) Following the required comment period, the city shall prepare the final document with a response to
comments. The Environmental Board shall review the final document and provide its recommendations to
the City Council. The City Council shall act on the document as required by Minnesota Rules 4410.
Sec. 90-168. Steep slopes.
(a) No excavation, fill, or construction activity shall be allowed on land within the shoreland overlay district
where the slope equals or exceeds 12 percent over a horizontal distance of 50 feet, except by variance
granted by the city council.
(b) No excavation, fill, or construction activity shall be allowed on land within the city where the slope equals or
exceeds 30 percent over a horizontal distance of 50 feet, except by variance granted by the city council.
(Prior Code, § 1175-030.1)
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Sec. 90-169. Bluffs.
(a) No vegetation shall be removed from, nor shall construction activities encroach on, bluff impact zones within
the shoreland overlay district that would result in erosion, bank slumping, or a change to the topography of
any shoreland, public waters, or wetland area, except by permit granted by the city council.
(1) Minor removal of trees, limbs, or other vegetation which is dead, diseased, or pose safety hazards is
permitted without permit. Where removal of the dead, diseased, or hazardous vegetation may result in
erosion or bank slumping, such removal may be allowed by permit issued by the city building official.
(2) An erosion control and sedimentation plan adequate to protect the bluff and adjacent property from
damage is required for approval by the building official prior to a permit being issued for construction
activities or vegetation removal in bluff impact zones.
(3) No structures except stairways and landings are allowed in bluff impact zones located in the shoreland
overlay district.
(Prior Code, § 1175-040.1)
Sec. 90-170. Public waters.
(a) No waste shall be discharged into a storm sewer except clear and unpolluted water. No connections shall be
made to a public storm sewer except by permit from the city engineer. All waste discharged into the city's
sanitary sewer shall meet the requirements established by ordinance.
(b) No waste shall be discharged into public waters that violates state law.
(c) The placement of riprap, retaining walls, or other similar structures along the shoreline or embankment of
public waters requires a conditional use permit, except the placement of natural rock riprap, including
associated grading of shoreline and placement of a filter blanket, is allowed by a certificate of zoning
compliance where:
(1) The finished slope does not exceed three feet horizontal to one foot vertical.
(2) The height of the riprap does not exceed three feet above the ordinary high-water level.
(Prior Code, § 1175-050.1)
Sec. 90-171. Minimum building elevations.
In order to provide a reasonable assurance that buildings will not be flooded by surface or ground waters
during a regional flood, the following minimum standards are established for the construction of structures in all
zoning and overlay districts of the city: All basement floors, or first floor if there is no basement, shall be
constructed at an elevation above the regulatory flood protection elevation, or four feet above the ordinary high
groundwater elevation, whichever is higher, unless floodproofed in accordance with subsection 90-138(5).
(Prior Code, § 1175-060.1; Ord. No. 2009-434, § 1, 10-5-2009)
Sec. 90-172. Drainage and stormwater management.
(a) All land uses, construction activities, and development shall comply with the city's comprehensive
stormwater management plan.
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(b) Prior to the development, construction, or use of any property meeting one or more of the following criteria,
a permit for such development, construction, or use must first be obtained from the appropriate watershed
authority:
(1) Residential development plan for parcels of land greater than five acres.
(2) Industrial, commercial, and multi-unit residential plans, including building expansions, on parcels of
land greater than 2.5 acres.
a. Subdivisions of any size located within:
1. The 100-year floodplain.
2. One thousand feet of any public waterbody or protected wetland, or any parcel containing
a wetland.
3. Three hundred feet of Rice Creek, a major tributary to Rice Creek, or a county or judicial
ditch.
4. Areas with slopes exceeding 15 percent.
b. Any activity that may affect the size, shape, or character of a wetland.
c. Construction, improvement, or repair of public or private drainage systems.
d. Construction or repair of bridges and culverts on Rice Creek, major tributaries to Rice Creek, and
county and judicial ditches.
(3) Prior to the development, construction, or use of any property meeting one or more of the following
criteria, a permit for such development, construction or use must first be obtained from the city
engineer:
a. The construction, repair, or alteration of any ditch lying within a public road right-of-way.
b. The construction, repair, or alteration of any stormwater control structure located in a public
road right-of-way or other public easement.
(4) In the construction, maintenance, and improvement of stormwater systems, natural drainageways and
wetland areas will be used to the greatest extent possible to reduce runoff and erosion.
(5) All stormwater discharges from parking lots, driveways, loading areas, and roads shall be designed to
filter and/or skim debris from discharge into the public waterbody in accordance with the soil
conservation service's Technical Guide for Urban Best Management Practices, if the discharges are not
managed through a regional treatment system.
(6) All driveway culverts shall be a minimum of 15 inches in diameter and maintained by the driveway
owner to allow the unobstructed flow of stormwater.
(Prior Code, § 1175-070.1)
Sec. 90-173. Erosion control.
(a) Any person grading, filling, or excavating within a shoreland area or adjacent to a protected wetland or
public drainageway shall take adequate measures to trap and retain sediments and pollutants from entering
into the waterbody or wetland, store runoff to prevent or reduce flood damage, protect fish and wildlife
habitat, preserve recreational uses, stabilize the shoreline or bank, and protect areas of environmental
importance.
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(b) Any person disturbing one-quarter acre (10,890 square feet) of land or more for construction activities,
including, but not limited to, filling, excavating, grading, and mining, shall provide an erosion control plan to
the city building official for approval prior to beginning work. All work performed shall be in accordance with
the approved plan. This provision does not apply to horticultural, agricultural, or gardening activities related
to crop or plant production, but does pertain to logging activities. The plan shall meet the following minimum
standards:
(1) The smallest amount of bare ground feasible is exposed at any given time, and then only for the
shortest period of time possible.
(2) Mulches or similar materials are used, where necessary, to reduce or avoid soil loss and erosion.
(3) Temporary vegetative cover is established if ground is to remain undisturbed for a period of 30 days or
more.
(4) Permanent vegetative cover is to be established as soon as possible.
(5) Positive controls are in place to prohibit the deposit of sedimentation and pollutants in public waters,
drainageways, and protected wetlands.
(6) Altered areas are stabilized in accordance with the field office technical guides published by the United
States Soil Conservation Service.
(7) Fill or excavated material shall not be placed in a manner that creates an unstable slope.
(8) No fill or excavated material is placed in a bluff impact zone, protected wetland, or public waterbody.
(9) Plans include the use of water or other material to reduce soil loss due to wind when necessary.
(Prior Code, § 1175-080.1)
Sec. 90-174. Forest and wetlands.
(a) It is the policy of the city to avoid the loss of, or damage to, forested areas and wetlands remaining in the
city.
(b) All land use and development plans submitted to the city for approval that encompass all or part of a
significant forested area shall include a description of the actions being taken by the property owner to avoid
or mitigate damage to, or loss of, the forest.
(c) No timber harvesting, logging, or large-scale removal of trees shall be undertaken in significant forested
areas or shoreline areas except when authorized by a conditional use permit. In this case, large scale shall
mean the removal of five percent or more of the trees in any year, or ten percent in any three-year period on
any parcel or lot of land of one acre or more in size. All conditional use permits issued for timber harvesting,
logging, and large-scale tree removal shall be subject to the best management practices of the U.S. Soil
Conservation Service.
(d) No subdivision of property, platting of property, industrial site plan approval, commercial site plan approval,
grading permit, or permit for excavation or fill shall be granted unless a wetlands delineation of the subject
property has been performed in accordance with the Wetlands Conservation Act of 1991, and approved by
the appropriate watershed authority.
(e) Where any grading, filling, or excavation impacts a state- or federally protected wetland, a copy of a valid
permit from the appropriate regulatory body for such work shall be filed with the city building official prior to
the issuance of any construction or grading permit.
(Prior Code, § 1175-090.1)
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Sec. 90-175. Air quality.
(a) No land use may produce obnoxious or continuous smoke, as measured at the point of emission, by any
means. All emissions shall comply with Minnesota Rules, ch.7011. Fumes or gases shall not be emitted at any
point in concentrations or amounts that are noxious, toxic, or corrosive. In no event shall the emissions of
fumes or gas from a facility exceed at the point of emission any standards set forth in any law, regulation, or
ordinance of any federal, state, or local entity or agency having jurisdiction.
(b) This section notwithstanding, this article does not prohibit the burning of natural wood, brush, leaves, grass
clippings, and crop residue done in accordance with city ordinances and state law.
(Prior Code, § 1175-100.1)
Sec. 90-176. Wells and potable water supply.
(a) Every residential housing unit, commercial building, and industrial building must have an adequate supply of
potable water to serve the needs of the people occupying or using the building or unit, either through
connection to the municipal water system or a private well.
(b) Water wells may be constructed in the municipal utility service area (MUSA), wellhead protection district,
and superfund recovery district only when allowed by a conditional use permit. In all other areas of the city,
water wells are a permitted accessory use.
(c) A licensed well driller must construct all water wells in accordance with the rules and regulations of the state
department of health.
(d) Water wells abandoned or unused for a period of one year, and which do not have a definitive plan for use
during the following year, must be sealed by a licensed well driller in accordance with the rules and
regulations of the state department of health.
(e) All buildings requiring a water supply and located in the MUSA must connect to the municipal water system,
except where municipal water service becomes available to a property following installation of a private well.
In such cases, the property owner need not connect to the municipal system, though provision for future
connection must be made through extension of service lines to the property.
(f) In no case may a private well or water supply be connected to the municipal water system.
(Prior Code, § 1175-110.1)
Sec. 90-177. Sewage treatment.
(a) No property shall be subdivided or platted in such manner as to create a new parcel or lot of record unless it
is served by municipal sanitary sewer service, or each lot or parcel created has been evaluated and found
capable of holding an individual septic system constructed in accordance with city standards.
(b) Municipal sanitary sewer service must be utilized where available. Where municipal sanitary sewer service
becomes available following the installation of an approved and functional septic system, the property
owner shall have 12 months to connect to the municipal system and abandon the septic system. The 12-
month period shall begin on the first day of the month following the city council's approval of final payment
to the contractor for the installation of the municipal service serving the property.
(c) Land within the central business (C-1), general business (C-2), general industrial (I-1), business park (BP),
mixed use (M-U) and all urban residential districts may not be subdivided or platted without being serviced
by municipal sanitary sewer and public water service.
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(Prior Code, § 1175-115.1)
Sec. 90-178. Excavations, fill, and grading.
(a) The excavation, fill, or grading of property is allowed only if it is accessory to a permitted or conditional use
of the property.
(b) Where any grading, filling, or excavation impacts a state- or federally protected wetland, a copy of a valid
permit from the appropriate regulatory body for such work shall be filed with the building official prior to the
issuance of any permit for excavation, grading, or fill.
(c) Any alterations below the ordinary high-water level of public waters require the written approval of the
commissioner of the state department of natural resources, or the commissioner's authorized agent.
(d) Excavations intended to connect water-oriented activities, such as boat slips, canals, lagoons, and harbors,
require approval of the commissioner of the state department of natural resources, or the commissioner's
authorized agent.
(e) No excavation or fill shall be performed in any public drainageway, nor in such a manner so as to obstruct or
divert public drainageways without permit by the city council and the appropriate watershed organization.
(f) No excavation or fill shall be performed in any public right-of-way without approval of the city engineer or
maintenance supervisor.
(g) No excavation or fill is permitted in the city's floodplain district, except in accordance with section 90-138. Fill
placed in the floodplain district shall be properly compacted with side slopes not exceeding one-foot vertical
elevation for each three feet of the slope measured horizontally. Slopes shall be protected by the use of
riprap, vegetative cover, or other method approved by the city engineer.
(h) Placement of fill in excess of 1,000 cubic yards on any lot or parcel in the floodplain district requires
stabilization for a minimum 100-year flood. Plans for the placement of such fill must be prepared by a
registered professional engineer and approved by the city engineer.
(i) A permit from the city building official or city engineer is required prior to undertaking any excavation, fill, or
grading that meets one or more of the following thresholds. A permit is not required for horticultural,
agricultural, or gardening activities related to crop or plant production, but does pertain to logging activities.
(1) The movement of ten cubic yards of material on steep slopes or within bluff impact areas.
(2) The movement of five cubic yards of material within shoreland areas.
(3) All movement of material within protected wetlands.
(4) All movement of materials within public waters, drainageways, and rights-of-way.
(5) All movement of materials within the floodplain.
(6) All subdivisions and plat development.
(j) Grading permits may be issued by the city building official for land development activities following approval
of the preliminary plat or site plan by the city council, and approval of the grading plan by the city engineer.
Issuance of an excavation, fill, or grading permit does not represent approval of a final plat, site plan, or
other required permit or approval of the city, and all grading permits are subject to amendment based on
future approvals or permits.
(k) All excavation, fill, and grading permits shall be made subject to an erosion control plan in accordance with
section 90-173.
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(l) Excavation, fill, or grading permits are not required for basement construction done in accordance with
approved site development plans.
(m) The requirement for an excavation, fill, or grading permit may be waved by the city council for mining
operations conducted under a mining permit.
(n) A cash escrow or letter of credit shall be provided by the applicant for an excavation, fill, or grading permit in
an amount not less than $2,000.00, or $1,000.00 per acre, whichever is higher, to guarantee performance
under the permit. Where a cash escrow or letter of credit is provided to another governmental agency to
guarantee the work being performed under the permit, and the amount deposited with the other
governmental agency is equal to the requirements of this section, the requirement for escrow to be posted
with the city may be waived by the city building official.
(Prior Code, § 1175-120.1)
Sec. 90-179. Heritage preservation.
No excavation, fill, or construction shall be performed on any significant historic site in any manner that
affects the historic value of the site prior to preparation of an inventory and analysis of the site being prepared by
a professional historian or archeologist. The inventory and analysis shall be deposited with the state historical
society or other suitable repository approved by the city council.
(Prior Code, § 1175-125.1)
Sec. 90-180. Pipeline setbacks.
No building or place of public assembly shall be constructed or altered to be nearer to a substantial pipeline
than the boundary of the pipeline easement, as legally established at the time of issuance of any building permit,
or the commencement of any construction. For the purposes of this section, the term "building" shall not include
appurtenances required to operate or maintain pipeline systems.
(Prior Code, § 1175-135.1)
Sec. 90-181. Salt storage at commercial, industrial, and institutional facilities.
(a) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) Anti-icing means the application of a liquid deicer prior to the onset of a snow event.
(2) Deicer means a substance used to melt snow and ice or used for its anti-icing effects.
(b) Storage of deicing materials.
(1) Indoor operations for the storage of deicing materials must be provided whenever possible in order to
prevent such material from being affected by rain, snow, or melt water.
(2) All salt, sand, and other deicing materials stored outdoors must be located on impervious surfaces and
be covered at all times. When not using a permanent roof, a waterproof impervious, flexible cover
must be placed over all storage piles. The cover must prevent runoff and leachate from being
generated by the outdoor storage piles. The cover must be secured to prevent removal by wind or
other storm events. Piles must be formed in a conical shape and covered as necessary to prevent
leaching.
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(c) Facility siting.
(1) The facility must be in close proximity to the area in which the deicing materials are to be used, if
practical.
(2) Salt vulnerable natural areas should be avoided as storage facilities to the extent possible. Where they
cannot be avoided, specific measures should be instituted to protect vulnerable areas. Salt vulnerable
areas include, but are not limited to:
a. Areas with salt sensitive vegetation
b. Areas serving as a source of drinking water (surface water and groundwater)
c. Areas with bodies of water with low dilution, low volume, or salt sensitive species
d. Areas associated with groundwater recharge zones or shallow water table, with medium to high
permeable soils.
(d) Transfer of materials. Practices must be implemented in order to reduce exposure when transferring salt or
3other deicing material.
(Prior Code, § 90-182; Ord. No. 2023-521, § 1, 2-6-2023)
Secs. 90-182—90-200. Reserved.
- CODE OF ORDINANCES
Chapter 90 - ZONING AND LAND USE
ARTICLE VI. REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS
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ARTICLE VI. REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE
STANDARDS
DIVISION 1. GENERALLY
Sec. 90-201. Purpose.
The purpose of this article is to establish minimum development standards. These standards are intended
and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the
health, safety and general welfare of the residents of the community.
(Prior Code, § 1195-010.1)
Sec. 90-202. Application of article.
Unless stated otherwise in this article, the provisions of this article apply only where provisions elsewhere in
this chapter reference these provisions.
Sec. 90-203. Accessory buildings.
(a) It is unlawful for any person to construct or replace an accessory building in any district in the city, except in
conformance with this chapter.
(b) A site plan must be submitted for approval by the community development director or designee before a
permit is issued for any accessory building.
(c) Accessory buildings, up to the maximum number and size listed in this section are permitted as an accessory
use in all residential and agricultural districts of the city. The number and size of accessory buildings
permitted are as follows:
Lot size Maximum number of
accessory buildings
allowed
Maximum combined size
of accessory buildings
(square feet)
Under 1.5 acre 1 260
1.5 to 2.99 acres 2 1,500
3 to 4.99 acres 2 2,000
5 to 9.99 acres 2 3,500
10 or more acres 3 5,000
(d) Accessory buildings of up to 125 percent of the size permitted may be allowed as a minor deviation as found
in section 90-41(b), if no variance is required for their construction.
(e) One accessory storage shed is allowed per lot with a maximum size less than 200 square feet in addition to
the number and size of accessory buildings listed in this section.
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(f) Setbacks for accessory buildings less than 200 square feet and located in the urban residential zoning
districts are as follows:
(1) Ten-foot rear yard setback
(2) Six-foot side yard setback
(3) Shall be outside all drainage and utility easements.
(g) All accessory buildings 200 square feet or larger, are to be in conformance with all building setbacks.
(h) Garages allowed under sections 90-229 are permitted in addition to accessory buildings. Detached garages
are considered accessory buildings and are subject to all requirements of this section. For residential
properties without an attached garage, an additional 500 square feet, and an additional building, shall be
allowed beyond the maximum size and number of buildings referenced in the table above.
(i) Except for agricultural buildings, no accessory building may exceed in size or height, the size or height of the
principal building on a lot, or be located within six feet of another building.
(j) Except in the agricultural and long-term agricultural zoning districts, no accessory building shall be located or
protrude in front of the principal building on the site, in relation to any public street.
(k) All accessory buildings shall resemble, in style, materials, color, roofline, and siding type, the principal
building on the lot, except the following building types may vary from this standard:
(1) Accessory buildings located in the agricultural and long-term agricultural zoning districts.
(2) Accessory buildings under 200 square feet in size.
(3) Horse stables and riding arenas.
(4) Greenhouses.
(5) Gazebos and decorative shelters.
(6) Historic buildings.
(7) Buildings, constructed as part of a planned unit development, which are subject to an overall site plan.
Such buildings shall match the style set in the PUD.
(l) Any accessory building located in a commercial or industrial zoning district shall have an approved site plan
from the community development director prior to the issuance of a building permit. The maximum number
and size of buildings permitted shall be determined on a case by case basis. Accessory buildings shall not
dominate the streetscape, restrict views across the property, and shall not alter the character of the area.
(m) All accessory buildings located in commercial and industrial zoning districts shall be of the same style,
materials, color, roofline, and siding type as the principal building on the lot. Building types listed under
subsection (j), (1)—(7) of this section may vary from this standard.
(n) Accessory buildings shall not have indoor plumbing such that it would allow the structure to be used as living
space, which would constitute a dwelling.
(o) Other provisions of this chapter notwithstanding, there is no limit to the number or size of agricultural
buildings allowed on parcels of land 20 acres or more in size located in the agricultural, long-term
agricultural, and rural residential zoning districts.
(p) Any property zoned R-l, RR, AG, or FUS that is less than three acres in size shall be allowed two accessory
buildings with a maximum combined size of 1,500 square feet, and shall not be subject to the requirements
as stated in the table outlined in subsection (f).
(Prior Code, § 1195-030.1, § 90-204; Ord. 2009-429, § 1, 6-15-2009; Ord. No. 2015-470, § 3, 5-4-2015)
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Sec. 90-204. Accessory retail and service uses.
(a) Accessory, enclosed retail, rental, or service shall not constitute more than 25 percent of the gross floor area
of the principal building.
(Prior Code, § 1195-040.1, § 90-204; Ord. No. 2015-470, § 3, 5-4-2015)
Sec. 90-205. Campus development.
(a) All campus development shall be constructed under a master plan prepared by a professional, registered,
architect or civil engineer, and approved as a provision of the conditional use permit for the site.
(b) Parking must be supplied for the entire campus development that meets the minimum of all principal
uses involved. Joint parking and off-site parking facilities are allowed if they are part of the campus
development project.
(c) Campus development can allow zero lot line setbacks for principal buildings and parking when developed
across multiple lots, only if the application is processed as one site plan, or with an approved phasing
plan.
(d) Development may be phased if a phasing plan has been submitted and reviewed by the City Council as
part of the conditional use permit. Any modification to an approved phasing plans will require City Council
action.
(Prior Code, § 1195-120.1, § 90-212)
Sec. 90-206. Cannabis businesses.
(a) The purpose of this section is to implement the provisions of Minn. Stat. ch. 342, which authorizes the City of
Hugo to protect the health, safety, and welfare of residents by regulating cannabis businesses within the
boundaries of the city.
(1) The City of Hugo has the authority to adopt this section applicable to the legal boundaries of the city,
pursuant to:
a. Minn. Stat. § 342.13(c) regarding the authority of a local unit of government to adopt reasonable
restrictions of the time, place, and manner of the operation of a cannabis business provided that
such restrictions do not prohibit the establishment or operation of cannabis businesses.
b. Minn. Stat. § 342.22, regarding the local registration and enforcement requirements of state-
licensed cannabis retailers and lower-potency hemp edible retailers.
c. Minn. Stat. § 152.0263, subd. 5, regarding the use of cannabis in public places.
d. Minn. Stat. § 462.357, regarding the authority of a local authority to adopt zoning ordinances.
(2) If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(3) The City of Hugo is responsible for the administration and enforcement of this section. A violation of
this section shall be punishable as a misdemeanor and may be, without limitation, enforced by the city
through injunctive relief or any other remedy at law or equity. Violations of this section can occur
regardless of whether or not a permit is required for a regulated activity listed in this section.
(b) It shall be unlawful for any person or entity to operate a cannabis business within the city, except in
conformance with this section.
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(c) The following general standards for all cannabis businesses shall apply:
(1) Pursuant to Minn. Stat. § 342.13(g), within 30 days of receiving a copy of a state license application
from the state office of cannabis management, the City of Hugo shall certify whether a proposed
cannabis business complies with local zoning ordinances and, if applicable, whether the proposed
business complies with the state fire code and building code.
a. In order to verify that a state license application meets local ordinance requirements, the
application must include the following to be reviewed and approved by staff:
1. A security plan consistent with all state requirements.
2. A waste management plan consistent with all state requirements.
3. An interior floor plan with dimensions of each room, and a description of the activity taking
place in each room.
4. Demonstration that all light and glare from interior lighting will be confined to the interior
of the building.
5. An exterior lighting plan that includes all lighting be downcast, and is otherwise consistent
with outdoor lighting requirements under section 90-238 of city code.
6. An odor control plan that is consistent with all standards adopted by the state office of
cannabis management and the state pollution control agency.
7. Plans for signage.
(2) Cannabis registrations.
a. No person or entity may operate a state-licensed cannabis business, or conduct retail sales of
lower-potency hemp edible products with a license from the state, within the City of Hugo
without registering with the city. Any state-licensed cannabis business or lower-potency hemp
edible retailer that operates within the city without a valid municipal cannabis registration shall
incur a civil penalty up to the maximum allowed by state law.
b. Cannabis registration application and approval procedure.
1. The City of Hugo shall charge a registration fee to applicants depending on the type of
cannabis business, as established in the city fee schedule.
i. Each cannabis registration shall be issued for a period of one calendar year.
ii. The first fee payment shall include the initial registration fee and first renewal
fee.
iii. Any registration renewal fee shall be charged at the time of the second
renewal, and each subsequent annual renewal thereafter.
2. An applicant for a cannabis registration shall submit:
i. A completed application form provided by the city.
ii. The required registration fee(s).
iii. A copy of a valid state license application.
iv. A written statement of approval from the property owner.
v. Any additional materials requested at the discretion of the city.
3. City council review and approval.
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i. Complete applications meeting all requirements shall be accepted by the city
on a first-come, first-served basis. An application that is incomplete, or
otherwise does not meet the requirements of this section, shall be considered
invalid.
ii. Once a registration application is considered complete, city staff shall inform
the applicant as such, and forward the application to the city council for
approval or denial within 30 calendar days.
4. The city council may deny an application for a cannabis registration if the city finds that:
i. The application does not meet the requirements of this section or any other
applicable rule or law.
ii. The applicant does not have a valid state-issued cannabis business license.
iii. The registration application is for a cannabis retailer, the retail location of a
cannabis microbusiness with a retail operations endorsement, or a retail
location of a cannabis mezzobusiness with a retail operations endorsement,
and:
A. The registration of the retail business would exceed the maximum
number of cannabis retail business registrations permitted under section
90-206(c)(2)f of this section.
B. The total number of registered cannabis retailers, retail locations of
cannabis microbusinesses, and retail locations of cannabis
mezzobusinesses within Washington County meets or exceeds one
registration per 12,500 residents within the county, pursuant to Minn.
Stat. § 342.13, subd. j.
c. The applicant has previously held a state-issued cannabis business license in another community
that has been suspended or revoked.
d. If a state-licensed cannabis business registered with the city seeks to move to a new location still
within the legal boundaries of the City of Hugo, the license holder must receive an updated
certification of zoning approval and apply for a new cannabis registration.
e. The City of Hugo shall renew an annual cannabis registration if the applicant meets all
requirements of this section, and if the state renews the license. A cannabis registration issued
under this section shall not be transferred.
1. An applicant for renewal of a cannabis registration shall submit a renewal fee annually,
beginning at the application for the second renewal.
2. The application for a cannabis registration renewal shall include all items for an initial
registration as required under section 90-206(c)(2)(b) of this section.
3. An application for renewal of a cannabis business registration may be denied if:
i. Any of the conditions for basis of denial of an initial registration listed under
section 90-206(c)(2)b.4 of this section are met.
ii. The registration is currently suspended by the city.
iii. The cannabis business no longer holds a valid license issued by the state office
of cannabis management.
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iv. The renewal application does not meet the requirements of this section, or any
other applicable rule or law.
f. Suspension of registration.
1. Any violation of this section, or any applicable rule or law, shall be deemed to be an
administrative offense of the registration holder, and the registration holder shall be
subject to the administrative penalties set forth in the city fee schedule for cannabis
businesses. The administrative penalty amount shall be calculated against all offenses
occurring within a 36 consecutive month period from the date of the most recent violation.
Any violation having occurred beyond 36 consecutive months prior to the most recent
violation shall not be counted in terms of imposing the fee. Penalties shall be paid within
60 days of the time of issuance of the notice.
2. The City of Hugo may suspend a cannabis business registration, after notice and an
opportunity for hearing when reasonably available, if it violates a city ordinance or poses
an immediate threat to the health or safety of the public. The city shall promptly notify the
cannabis business in writing the grounds for the suspension.
3. The City of Hugo shall immediately notify the state office of cannabis management in
writing the grounds for the suspension, who shall in turn provide the city and cannabis
business a response to the complaint within seven calendar days, and perform any
necessary inspections within 30 calendar days.
4. The suspension of a cannabis business registration may be up to 30 calendar days, unless
the state office of cannabis management suspends the license for a longer period. The
business may not make sales to customers if their registration is suspended. The city may
reinstate a registration if it determines that the violation(s) have been resolved. The city
shall reinstate a registration if the state office of cannabis management determines that
the violation(s) have been resolved.
5. Subject to Minn. Stat. § 342.22, subd. 5(e), the city may impose a civil penalty, as specified
in the city fee schedule, for registration violations. The penalty shall not exceed the
maximum allowed by state law.
g. The City of Hugo shall limit the number of cannabis retail registrations to one registration for
every 12,500 residents. This limit shall include registrations for cannabis retailers and the retail
location(s) of a cannabis microbusiness or cannabis mezzobusiness. This limit shall not extend to
lower-potency hemp edible retailers and the retail location(s) of a medical cannabis combination
business.
(3) The City of Hugo shall complete at minimum one compliance check per calendar year of every
registered cannabis business that conducts retail sales of products to customers or patients, to assess if
the business meets age verification requirements, as required under Minn. Stat. § 342.22, subd. 4(b)
and Minn. Stat. § 342.24.
(4) Subject to all applicable state law, and cannabis licensing rules under Minn. Stat. ch. 342, a cannabis
business that holds more than one license type can perform all activities for which they are granted a
state-issued license, provided that the business meets all applicable conditions in this section and any
other applicable rule or law.
(5) Signs.
a. Cannabis businesses are limited to two exterior, on-site signs.
b. Signs shall consist only of the name and logo of the business.
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c. Signage for cannabis business shall not be a temporary sign, portable sign, neon sign, window-
mounted sign, or a sign lit with static LED, blinking, moving, or flashing lights.
d. Exterior advertisement of cannabis products is prohibited.
e. Interior signs shall not be visible from the exterior of the building.
f. Special event signs are prohibited for cannabis business.
g. Signs for cannabis businesses shall meet all other applicable requirements for signs under section
90-260 of city code.
(d) Cannabis microbusinesses.
(1) Performance standards.
a. All cultivation activity shall be consistent with the standards for cannabis cultivators under
section 90-206(f) of this section, except that the plant canopy shall be limited to 5,000 square
feet.
b. All manufacturing activity shall be consistent with the standards for cannabis manufacturers
under section 90-206(g) of this section.
c. Cannabis microbusinesses with a retail operations endorsement may operate a retail location
within the city that meets the performance standards for cannabis retailers under section 90-
206(h) of this section. A cannabis microbusiness may operate a retail location within a building
that also has spaces for cultivation and manufacturing of cannabis products, provided that the
retail location does not exceed more than 2,500 square feet of gross floor area.
d. The registration of the retail location of a cannabis microbusiness in the City of Hugo shall count
towards the limit of cannabis retail registrations under section 90-206(c)(2)f of this chapter.
(e) Cannabis mezzobusinesses.
(1) Performance standards.
a. All cultivation activity shall be consistent with the standards for cannabis cultivators under
section 90-206(f) of this section, except that the plant canopy shall be limited to 15,000 square
feet.
b. All manufacturing activity shall be consistent with the standards for cannabis manufacturers
under section 90-206(g) of this section.
c. Cannabis mezzobusinesses with a retail operations endorsement may operate a retail location
within the city that meets the performance standards for cannabis retailers under section 90-
206(h) of this section. A cannabis mezzobusiness may operate a retail location within a building
that also has spaces for cultivation and manufacturing of cannabis products, provided that the
retail location does not exceed more than 2,500 square feet of gross floor area.
d. The registration of the retail location of a cannabis mezzobusiness in the City of Hugo shall count
towards the limit of cannabis retail registrations under section 90-206(c)(2)f of this section.
(f) Cannabis cultivators.
(1) Performance standards.
a. All cultivation of cannabis must occur indoors and may not occur in greenhouses, hoop houses,
tents, or similar mixed-light structures. The building(s) for a cannabis cultivator must be
constructed to the standards for commercial and industrial construction under section 90-268 of
city code.
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b. Cannabis cultivators are limited to a plant canopy area of 30,000 square feet.
c. Cannabis cultivators may utilize a portion of their building area for post-harvest processing and
packaging for transportation.
(g) Cannabis manufacturers.
(1) Performance standards.
a. All manufacturing of cannabis products must occur in an enclosed building that is constructed to
the standards for commercial and industrial construction under section 90-268 of city code, and
the standards for manufacturing under section 90-243 of city code.
(h) Cannabis retailers.
(1) Performance standards.
a. Cannabis retailers are limited to operating between the hours of 10:00 a.m. and 10:00 p.m.
(i) Cannabis wholesalers.
(1) Performance standards.
a. A cannabis wholesaler shall be subject to the performance standards for warehousing under
section 90-265 and distribution center under section 90-213 of city code, except that retail sales
of cannabis products is prohibited.
b. A cannabis wholesaler that operates a motor freight terminal shall be subject to all applicable
performance standards under section 90-247 of city code, and shall require approval of a
conditional use permit.
(j) Lower potency hemp edible retailers.
(1) Performance standards.
a. Retail sales of lower-potency hemp edibles, in conjunction with a state-issued license under
Minn. Stat. § 342.46, may only occur in an establishment that:
1. Holds an alcohol license under chapter 6, article II of city code, except that the license shall
not be a one-day permit.
2. Holds a tobacco license under chapter 38, article III, division 2 of city code.
3. Is a cannabis retailer, a retail location of a cannabis microbusiness, or a retail location of a
cannabis microbusiness, subject to all applicable performance standards under section 90-
206 of this chapter.
b. The cannabis registration of a lower-potency hemp edible retailer shall not count towards the
limit of retail cannabis registrations under section 90-206(c)(2)f of this section.
(k) Medical cannabis combination businesses.
(1) Performance standards.
a. Medical cannabis combination businesses shall be conditional uses within the I-1 and BP zoning
districts.
b. All cultivation of cannabis must occur indoors and may not occur in greenhouses, hoop houses,
tents, or similar mixed-light structures. The building(s) for a cannabis cultivator must be
constructed to the standards for commercial and industrial construction under section 90-268 of
city code.
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c. All manufacturing of cannabis products must occur in an enclosed building that is constructed to
the standards for commercial and industrial construction under section 90-268 of city code.
d. A medical cannabis combination business with appropriate endorsements may operate a retail
location within a building that also has spaces for cultivation and manufacturing of cannabis
products, provided that the retail location does not exceed more than 2,500 square feet of gross
floor area.
e. The cannabis registration of the retail location of a medical cannabis combination business shall
not count towards the limit of retail cannabis registrations under section 90-206(c)(2)f of this
section.
f. A medical cannabis combination business that operates a warehouse shall be subject to the
performance standards for warehousing under section 90-265 and distribution center under
section 90-213 of city code, except that retail sales of cannabis products is prohibited. If the
medical cannabis combination business operates a motor freight terminal shall be subject to all
applicable performance standards under section 90-247 of city code, and include the motor
freight terminal request in their conditional use permit request.
(l) Cannabis delivery services.
(1) Performance standards.
a. Cannabis delivery services are allowed as accessory uses if the primary use of the property is a
cannabis wholesaler, cannabis transporter, or medical cannabis combination business, subject to
all applicable performance standards under section 90-206 of this chapter.
b. Cannabis delivery services may operate between the hours of 10:00 a.m. and 10:00 p.m.
(Prior Code, § 90-280; Ord. No. 2025-539, 1-6-2025)
Sec. 90-207. Carwash.
(a) It is unlawful for any person to construct or operate a commercial carwash in the city, except in conformance
with this chapter.
(b) Carwashes must be serviced by a public sanitary sewer system.
(c) Parking, or stacking space, must be provided to accommodate the number of vehicles that may be washed in
a 15-minute period. A minimum of 180 feet of stacking lane shall be provided separate from all parking
areas.
(d) Operation of the carwash shall not disrupt or degrade the quality of service provided by the municipal water
system to other users or for fire flow.
(e) The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives
special consideration to the prevention of ice build-up during winter months.
(f) Neither the car wash nor an accessory vacuum shall be located within 300 feet of any residentially zoned or
guided property, unless completely screened by an intervening building or located across an arterial or major
collector roadway from residentially zoned or guided property.
(g) Both the car wash and accessory vacuum shall conform to noise regulations as defined in this Chapter.
(Prior Code, § 1195-130.1, § 90-213)
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Sec. 90-208. Cemeteries.
(a) It is unlawful for any person to construct or operate a cemetery, or interment for the dead, except in
conformance with this chapter.
(b) The main entrance to a cemetery must be located on a minor expander, minor connector, or a major or
minor collector.
(c) Cemeteries shall be a minimum of five acres in size.
(d) A cemetery shall not be located so as to obstruct the future development of adequate collector streets or
extension of public utilities for the area in which it is located.
(e) Burial plots, gravemarkers, monuments, and buildings must meet building setback and height requirements
for the zoning district in which they are located.
(f) Access to cemeteries shall be limited and controlled through the use of gates or similar structures. The entire
perimeter of the cemetery shall be clearly delineated.
(g) Graves and structures used for interment shall be set back a minimum of 50 feet from all wells.
(h) No grave or structure used for interment shall be constructed below the regulatory flood protection
elevation.
(i) Cemeteries shall be landscaped in accordance with section 90-236.
(Prior Code, § 1195-140.1, § 90-214)
Sec. 90-209. Commercial, private, or public satellite dish.
(a) Satellite dishes that exceed two-meters in diameter will require a conditional use permit.
Sec. 90-210. Commercial recreation.
(a) It is unlawful for any person to construct or operate indoor or outdoor commercial recreation activities,
except in accordance with this chapter.
(b) Indoor or outdoor commercial recreation landscaping shall be planted to buffer the use from adjacent land
uses and provide adequate visual and noise screening. Outdoor facilities shall utilize berms, fences, or
natural vegetation as appropriate to reduce impacts on nearby properties.
(c) An operations plan shall be submitted with the conditional use permit application, including proposed hours
of operation, expected capacity, maintenance procedures, and security measures. Any substantial change in
operations may require an amendment to the conditional use permit.
(d) A lighting plan shall be submitted with the application for a conditional use permit. All lighting shall be
downcast, fully shielded, and directed away from adjacent properties and public rights-of-way. The city may
impose limitations on hours of illumination to minimize impacts.
(e) Accessory uses may include restrooms, concessions, office space, retail related to the primary recreation use,
and minor maintenance structures. Additional accessory uses may be permitted by the city council if
determined to be clearly incidental and compatible with the principal use.
(Prior Code, § 1195-160.1, § 90-217 (Indoor Commercial Recreation) & 90-231 (Golf Course))
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Sec. 90-211. Convenience store and gas stations.
(a) It is unlawful for any person to construct or operate a convenience store and gas stations with prepared food
and/or motor fuel sales, grocery, food operations, and/or convenience motor fuel with no vehicle service or
repair, except in accordance with this chapter.
(b) Seating areas for consumption of convenience/deli food purchased on site shall be subject to City review and
approval, subject to the following standards:
(1) Seating areas shall not exceed 10 percent of the building gross floor area.
(2) The minimum clear passage zone for pedestrians at the perimeter of the outdoor dining area shall be
at least five feet without interference from tables, chairs, planters, parked motor vehicles, bollards,
trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.
(3) Umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall
have a minimum clearance of seven feet above the sidewalk.
(4) The outdoor dining area shall be surfaced with concrete, bituminous or decorative pavers or may
consist of a deck with wood or other flooring material that provides a clean, attractive, and functional
surface.
(5) The outdoor dining area shall be designed to avoid potential conflict with motor vehicle
parking or circulation.
(6) Refuse containers shall be provided dining areas. Such containers shall be placed in a manner which
does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter.
(7) The outdoor dining area shall be kept clean and otherwise maintained in an orderly, sanitary, attractive
condition.
(c) The storage, preparation and serving of food items are subject to specific written sanitary requirements
based upon the applicable state and county regulations.
(d) The proximate area and location of space devoted to nonautomotive merchandise sales shall be specified in
the application and in the conditional use permit.
(e) The off-street loading space and building access for delivery of goods shall be separate from customer
parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements.
(f) The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m., unless amended by the council as part of
the conditional use permit.
(g) Motor fuel facilities shall be installed in accordance with state and city standards. Additionally, adequate
space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground
fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading
operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
(h) A protective canopy located over pump islands may be an accessory structure on the property and may be
located 20 feet or more from the front lot line, provided adequate visibility both on and off site is
maintained.
(i) All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide a 90-degree
cutoff. Illumination levels for pump islands shall not exceed 30 footcandles.
(j) The operation shall be responsible for litter control from the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control.
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(Prior Code, § 1195-190.1, § 90-219; Ord. No. 2010-453, § 3, 12-6-2010)
Sec. 90-212. Daycare facilities.
(a) It is unlawful for any person to construct or operate any daycare facility, except in accordance with this
chapter.
(b) The size of the play areas required, as well as qualifications for teachers and licensure must be in compliance
with Minn. Stat. §245A, as may be amended.
(c) The structure and operation shall be in compliance with State of Minnesota Department of Human Services
regulations and shall be licensed accordingly
(d) All exterior play areas for day care facilities must be surrounded by a minimum six- foot-tall fence. All
openings shall be controlled by doors or gates, and the fence shall meet all yard setback requirements.
(e) The following applies to family daycares:
(1) Family daycares must be accessory to a single-family home and are prohibited within any multi-family
use.
(2) Day care activities must not be conducted before 5:00 a.m. or after 9:00 p.m. in residential zoning
districts.
(f) The following applies to group daycares:
(1) Group daycares must be the principal use when permitted in the zoning district.
(2) Day care activities must not be conducted before 5:00 a.m. or after 9:00 p.m. in residential zoning
districts.
(3) Day care facilities located in residential zoning districts must be constructed to appear similar in scale,
color, and materials as homes in the district.
(g) The following applies to daycare centers:
(1) Off-street drop-off and loading areas must be provided which do not interfere with traffic and
pedestrian movements.
(2) All outdoor play areas must be screened with landscaping in addition to the required safety fence from
the ROW and abutting properties.
(Prior Code, § 1195-200.1, § 90-220)
Sec. 90-213. Distribution center.
(a) It is unlawful for any person to construct, operate, or maintain a distribution facility in the city, except in
conformance with this chapter.
(b) The main entrance to a distribution center must be located on a minor expander, minor connector, or a
major or minor collector.
(c) Exteriors of all principal and accessory buildings shall be of architecturally enhanced concrete panel,
architecturally enhanced masonry block, exterior insulation and finish system (EIFS), brick, dressed stone, or
glass. Colors shall be neutral or earth tones, except to create a decorative effect, 20 percent of the building
facade (excluding window and door areas from the computation) may be decorated with glazed tile, glass,
plastic or metal panels, or wood of various colors.
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(d) Vehicle maintenance activities and fuel-dispensing accessory to a distribution center may be allowed by City
Council discretion.
(Prior Code, § 90-269)
Sec. 90-214. Drive-through businesses.
(a) It is unlawful for any person to construct or operate a drive-through business, except in accordance with this
regulation.
(b) The main entrance to all drive-through businesses must be located on a state highway, county road, or city
commercial collector street.
(c) The minimum lot width of a drive-through business shall be 150 feet.
(d) All traffic utilizing the business, including vehicle parking, stacking and waiting areas, shall be provided for on
site and off public roads, alleys, and other easements.
(e) The drive-through lane shall provide a minimum of 180 feet of drive aisle stacking space. The lane shall
include the stacking area, order box and pick-up window.
(f) The lane shall be at least 200 feet from a residentially zoned property and meet all setback requirements. If
the lane is proposed to be closer than 200 feet from a residentially zoned property, a CUP shall be required.
(Prior Code, § 90-221 (Drive-In Businesses) & 90-221.1 (Drive-Through Businesses); Ord. No. 2010-453, § 2, 12-6-
2010)
Sec. 90-215. Driveways.
(a) It is unlawful for any person to construct or maintain a driveway, except in accordance with these
regulations.
(b) Driveways are allowed in all zoning districts of the city by permit issued by the city building official for
platted property, or the city engineer for unplatted property.
(c) Driveway access to all county roads and state highways requires a permit from the agency controlling the
road or highway. Private driveway access to County Road 4, County Road 8, and Forest Boulevard (T.H. 61)
will be allowed only where no viable alternative exists.
(d) Except in the long term agricultural, agricultural, rural residential, and future urban service zoning districts,
all driveways in the city shall be paved with bituminous, concrete, pavers, or other approved dustless and
erosion-resistant material.
(e) Driveways shared by two or more separate parcels or lots of land may be permitted only by conditional use
permit. An access easement and maintenance agreement shall be recorded against the properties that
contain the shared driveway.
(f) Driveways may cross or encroach upon wetland area only by permit from the appropriate regulatory
authority.
(g) Driveways may cross or encroach upon a public drainage easement only by conditional use permit.
(h) Driveways crossing a public road ditch in platted areas require a minimum 15-inch reinforced concrete pipe
with aprons. In other areas, a minimum 15-inch corrugated metal pipe is an acceptable alternative. A higher
standard in dimension or materials may be required by the city engineer for public safety or to maintain
drainage. Property owners are required to keep such culverts in good repair and free from obstructions.
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(i) Driveways located in the floodplain overlay district shall meet the requirements of section 90-138.
(j) Driveways shall connect to a public road at an angle between 60 and 90 degrees as measured along the
driveway's edge from the road connection point to the building front yard setback line.
(k) Only one driveway permit will be granted per lot or parcel of land, except one or more additional permits
may be approved by the city engineer if such accesses will not impede traffic or pose a public safety risk.
(l) Driveways accessing attached garages (in the R-4, R-5, and M-U zoning districts) shall be a minimum of 22
feet in length as measured to the right-of-way line.
(m) Driveways must meet the minimum design requirements for the zoning district in which they are located, as
specified in this subsection. However, in no case shall the width of a driveway exceed 35 percent of the lot
width, as measured at the required front yard setback. The following driveway widths shall be as measured
at the right-of-way line:
Driveway Minimum Standards (in feet)
AG/LA RR UR MF C I
Minimum width 10 10 12 16 16 16
Maximum width 22 22 24 24 30 33
Radius of
Curvature
5 min
15 max
5 min
15 max
5 min
15 max
5 min
15 max
5 min
30 max
5 min
30 max
Minimum edge
clearance
5 5 5 5 10 10
Minimum
distance
between
driveways
30 30 10 30 20 30
Minimum
setback from a
major street
60 60 30 30 60 60
Minimum
setback from a
minor street
60 30 20 30 20 60
Guide to Abbreviations
AG/LA Agricultural zoning district
Long-term agricultural zoning district
C Commercial zoning districts (RC-1, C-1, C-2,
M-U)
RR Rural residential zoning district I Industrial zoning districts (RI-1, BP, I-1)
UR Urban residential zoning districts (R-1, R-2,
R-3)
MF Multi-family housing zoning district (R-4, R-
5)
(Prior Code, § 1195-220.1, § 90-222; Ord. No. 2017-483, § 2, 6-5-2017)
Sec. 90-216. Dwelling, apartments.
(a) It is unlawful for any person to construct or let an apartment dwelling in the city, except in conformance with
this chapter.
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(b) All lot area not covered by a building or impervious surface shall be landscaped in accordance with a plan
prepared by a landscape architect, and approved by the city council.
(c) All exterior wall surfaces shall be constructed of like materials. Apartment structures shall have 25 percent of
its exterior surface covered by brick or comparable material. This material must be distributed across the
exterior to provide a balanced appearance on all sides.
(d) No exterior storage of trash or rubbish is allowed. All trash-handling facilities shall be contained within a
roofed and walled enclosure constructed of the same materials used on the exterior facing of the principal
building, or contained within the building if building includes a parking ramp area.
(e) Adequate laundry facilities shall be provided in each building.
(f) Apartment housing development of eight or more units shall provide 100 square feet of exterior play or
recreational area for each unit. Exterior play for recreational areas shall be centrally located. Such area shall
be approved as part of the landscaping plan for the development. This is in addition to park dedication
requirements.
(g) Apartment housing developments with over 100 units shall provide internal community spaces such as gyms,
dogs spas, or other gathering spaces.
(h) At the time a building permit is issued for an apartment housing development, the applicant for the permit
shall pay the city a parkland dedication fee in accordance with section 90-324, if such fee has not already
been paid for the dwelling units being created.
(Prior Code, § 1195-510.1, § 90-251; Ord. No. 2015-470, § 2, 5-4-2015)
Sec. 90-217. Dwelling, single-family detached.
(a) It is unlawful for any person to construct, develop, or occupy any single-family detached housing structure,
except in conformance with this chapter.
(b) Single-family detached houses must have a minimum floor area of 960 square feet for a one-level or split-
level type house, or 1,200 square feet for two-level house.
(c) At the time a building permit is issued for a single-family detached house, the applicant for the permit shall
pay the city parkland dedication fee in accordance with section 90-324, if such fee has not already been paid
for the dwelling units being created as part of a subdivision or development agreement.
(d) Dwelling unit densities for single-family detached housing in the shoreland overlay district may not exceed
those found in section 90-137.
(Prior Code, § 1195-670.1, § 90-266)
Sec. 90-218. Dwelling, townhouses.
(a) It is unlawful for any person to construct, develop, or occupy any townhouse structure, except in
conformance with this chapter.
(b) Townhouses may not exceed more than eight units per building.
(c) Townhouses may go up to eighteen units per building if the following are met:
(1) Individual units are found above or below other units.
(2) Private ground floor exterior entrances are provided
(3) Private attached garages are provided.
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(4) There are no shared entrances or common hallways.
(d) In addition to public parkland dedication requirements, ten percent of the buildable area devoted to
townhouses shall be set aside for recreational use by the development's residents.
(e) Each townhouse shall have a single car attached garage as a minimum.
(f) Each townhouse development may be subject to an organized homeowner's association with written
covenants describing each member's responsibilities, singly and jointly. Each townhouse in a development
shall be subject to the covenants of the homeowner's association if applicable.
(g) Each and every townhouse development shall be subject to a unified landscaping plan approved by the city
council at the time of subdivision approval.
(h) Private roads shall meet the construction standards established for city streets in chapter 66.
(i) At the time a building permit is issued for a townhouse development, the applicant for the permit shall pay
the city a parkland dedication fee in accordance with section 90-324, if such fee has not already been paid
for the dwelling units being created as part of a subdivision or development agreement.
(Prior Code, § 1195-680.1, § 90-267)
Sec. 90-219. Dwelling, two-family.
(a) It is unlawful for any person to construct, develop, or occupy a two-family home in the city, except in
conformance with this chapter.
(b) Each unit in a two-family home must meet the minimum floor area standards for a single-family detached
dwelling.
(c) Each unit in a two-family home must include a two-car garage.
(d) Driveways for all two-family home units must be separated, unless part of a homeowner's association.
(e) Two-family homes must meet all yard setback requirements other than the setback from the adjoining
property line between the units in a two-family home.
(f) Dwelling unit densities for two-family homes in the shoreland overlay district may not exceed those found in
section 90-137.
(g) At the time a building permit is issued for a two-family home development, the applicant for the permit shall
pay the city a parkland dedication fee in accordance with section 90-324, if such fee has not already been
paid for the dwelling units being created as part of a subdivision or development agreement.
(Prior Code, § 1195-690.1, § 90-268)
Sec. 90-220. Dwelling unit, accessory.
(a) It shall be unlawful for any person to construct or maintain an accessory dwelling unit in the city, except in
conformance with this chapter.
(b) The purpose and intent of this use to provide supplemental, but separate living quarters to the primary
residence. The supplemental living quarters are intended to provide separate living space with separate
cooking and plumbing facilities for an individual that is receiving care from or providing care or service to
residents living in the primary residence. A housekeeper, nanny, elderly relative, care provider, guests or
employee of a home occupation or farm are examples of individuals that may reside in the accessory
dwelling unit. This use is not intended to provide a second dwelling unit on the property for a second family
or for rental purposes.
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(c) All accessory dwelling units shall meet the following:
(1) Accessory dwelling units shall only be allowed as part of a detached garage and shall meet all
requirements under section 90-203. The accessory building shall continue to function as a detached
garage.
(2) Accessory dwelling units shall meet all zoning district and building code requirements.
(3) No more than one accessory dwelling unit shall be allowed on a parcel.
(4) No more than one bedroom and one bathroom shall be allowed.
(5) Well and septic systems shall be evaluated and approved by Washington County for an accessory
dwelling unit.
(6) The accessory dwelling unit shall not be considered as a second dwelling unit on the property and shall
not be used for the purpose of providing rental income for the property owner. The occupant of the
accessory unit shall have a family or business relationship to residents within the primary residence
requiring that care or service be provided.
(Prior Code, § 90-277; Ord. No. 2011-459, § 1, 10-3-2011)
Sec. 90-221. Dwelling unit, accessory apartments.
(a) It is unlawful for any person to construct, lease, or let out an accessory apartment except in conformance
with the requirements of this section.
(b) Performance Standards.
(1) Accessory apartments must comply with the city building code and the rules of the county health
department.
(2) The structure in which an accessory apartment is located must be owner-occupied.
(3) No separate driveway or curb cut shall be allowed for the accessory unit.
(4) There shall be no more than one accessory apartment within any single-family structure.
(5) The accessory apartment may not be located in or above a garage or other accessory building except in
the agricultural zoning district.
(6) The accessory apartment must contain its own toilet, bathtub or shower, and kitchen facilities.
(7) The accessory apartment must not require a variance to any building setback, height, or maximum
impervious surface standard established in this chapter.
(8) An accessory apartment shall be a clearly incidental and subordinate use, the gross floor area of which
shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less
(c) At the time a building permit is issued for an accessory apartment, the applicant for the permit shall pay the
city parkland dedication fee in accordance with section 90-324, if such fee has not already been paid for the
dwelling unit being created. Parkland dedication fees are not required for accessory apartments located in
the agricultural and long-term agricultural zoning districts.
(Prior Code, § 1195-020.1, § 90-203)
Sec. 90-222. Essential public services.
(a) It is unlawful for any person to construct, operate, or maintain an essential public service in the city, except
in conformance with this chapter.
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(b) Essential services shall be permitted in any zoning district of the city by permit issued by the city engineer.
(c) Essential government services must comply with all state, federal, and local rules and regulations pertaining
to their construction, maintenance, and operation.
(d) Performance standards.
(1) Except for electrical lines, phone lines, cable television lines, gas lines, and similar linear facilities, all
essential public services in the agricultural, rural residential, and long-term agricultural districts shall be
located on parcels of land at least one acre in size. In all other zoning districts, parcels of land used for
essential services must be at least 1½ times the minimum lot size required in the zoning district.
(2) Notwithstanding the prohibition against two or more uses on any individual parcel, utility substations
and communications antennas permitted by this chapter shall be allowed by lease; however, the lot
shall be large enough so that all structures and facilities comply with the required setbacks for the
zoning district.
(3) The site shall be landscaped and maintained in accordance with section 90-236. Screening is required
for all above-grade lift stations, pump stations, substations, and similar structures not located within a
building.
(4) Buildings and structures shall be constructed to resemble in size, color, appearance, and shape the
other structures in the zoning district.
(5) Facilities and equipment shall be removed within six months of their becoming unnecessary.
(e) Essential public services located in the floodplain district shall be constructed in accordance with section 90-
138, and floodproofed in accordance with the state building code or elevated above the regulatory flood
protection elevation. Railroads and service roads may be constructed at an elevation below the regulatory
flood protection elevation where failure or interruption of the transportation services would not endanger
the public health or safety, or delay access to critical facilities in times of emergency.
(f) Wherever feasible, all electrical, cable television, phone lines and similar facilities located in the urban
development area shall be built underground. Services to all new development shall be built underground.
All services built or replaced parallel to and within 500 feet of Forest Boulevard, County Road 8, and County
Road 4 shall be constructed underground. All services built or replaced crossing Forest Boulevard, County
Road 8, and County Road 4 shall be built underground for 500 feet on either side of the roadway.
(Prior Code, § 1195-230.1, § 90-223)
Sec. 90-223. Exterior storage.
(a) It is unlawful for any person to use a property for exterior storage, except in conformance with this chapter.
(b) Exterior storage shall meet all yard setback requirements.
(c) The exterior storage area may not take up parking or loading spaces as required for the principal use in
section 90-252.
(d) All exterior storage must be on dust-controlled hard surface that is either blacktop or concrete surfaced
unless approved by the city council.
(e) Exterior storage of farm materials and products is a permitted accessory use in the agricultural and long-term
agricultural districts on all parcels of property, and in the rural residential district on parcels of land
exceeding ten acres in size.
(f) Exterior storage areas shall be fenced and screened from adjacent property and public right-of-way.
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(g) Fencing and screening of exterior storage areas on parcels of land exceeding ten acres in size is not required
unless a conditional use permit is required for the exterior storage.
(h) Except in the agricultural, long-term agricultural, and rural residential districts, exterior storage areas shall be
paved with bituminous, concrete, pavers, or other approved dustless and erosion-resistant material. Positive
drainage control through use of curb, gutter, storm sewer, or other approved means shall channel all
stormwater from exterior storage areas into a public drainage channel. Treatment of stormwater runoff shall
comply with national urban runoff protection standards prior to discharge into the public system, unless the
property is served by a regional treatment facility.
(i) Exterior storage in the Business Park (BP) zone must be completely screened from public rights-of-way and
residentially zoned property by an intervening building, berm, solid-wall wood fence, or landscape plantings.
The screening shall be to a minimum height of six feet or a height sufficient to screen the outside storage.
Raw materials will only be allowed provided the material does not produce noxious fumes, obnoxious
products, byproducts or wastes, or creates other objectionable impact on the environment or on nearby
property.
(j) For exterior storage in the industrial zoning districts:
(1) Exterior storage on an area not exceeding the size of the principal building on the site is a permitted
accessory use.
(2) Exterior storage exceeding the size of the principal building may be allowed by conditional use permit.
(Prior Code, § 1195-240.1, § 90-224; Ord. No. 2015-470, § 2, 5-4-2015)
Sec. 90-224. Farm and garden produce sales.
(a) It shall be unlawful for any person to sell farm or garden produce except in conformance with this chapter.
(b) Farm and garden produce may be sold at retail in accordance with federal and state law, and in conformance
with the regulations for retail sales contained in this chapter.
(c) Any person may sell or peddle the products of the farm or garden they occupy and cultivate without
obtaining a license therefor, so long as such sales are in conformance with this chapter.
(d) Roadside stands for sale of produce grown on the property from which they are offered for sale are a
permitted accessory use in the agricultural and long-term agricultural zoning districts. Such stands shall not
occupy an area greater than 500 square feet, shall be located in conformance with all yard setback
requirements and shall provide for adequate off-street parking.
(e) Transient sales by the grower of farm and garden produce are permitted as authorized by law.
(f) Transient sales of farm and garden produce by persons other than the grower are allowed in accordance
with the standards for seasonal outdoor retail sales contained in this chapter.
(Prior Code, § 1195-250.1, § 90-225)
Sec. 90-225. Farmhand living quarters.
(a) It shall be unlawful for any person to construct or maintain a farmhand living quarters, except in
conformance with this chapter.
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(b) On properties 20 acres or more in size, located in the future urban service, rural residential, agricultural, and
long-term agricultural districts, a second dwelling shall be allowed for living quarters for a farmhand. The
second dwelling shall only be allowed with approval of an interim use permit upon finding that the following
conditions have been met:
(1) The primary use of the property shall be a bona fide agricultural operation of sufficient size to
necessitate the assistance of a farmhand.
(2) The living quarters shall be for employees hired to conduct work on the farm or members of the family.
(3) The living quarters shall not be used or rented out for any purpose other than agriculture.
(4) The living quarters shall meet all zoning and building code requirements.
(5) There shall be no variances involved in the request.
(6) Within 12 months of the date that agricultural operations on the property cease, the second dwelling
shall be removed or the property shall be subdivided and meet all code requirements.
(Prior Code, § 90-276; Ord. No. 2010-453, § 2, 12-6-2010)
Sec. 90-226. Feedlots.
(a) It shall be unlawful for any person to construct, operate, or maintain a feedlot, except in conformance with
this chapter.
(b) An environmental assessment worksheet is required for facilities meeting the standards found in section 90-
167.
(c) No new or modified feedlot shall be located in the following areas:
(1) Within the wellhead protection district.
(2) Within the city's shoreland district.
(3) Within 1,000 feet of any well or community water supply
(d) Feedlots requiring a conditional use permit shall be operated in conformance with Minnesota Pollution
Control Agency Rules ch. 7020.
(Prior Code, § 1195-260.1)
Sec. 90-227. Fences.
(a) It is unlawful for any person to construct or maintain a fence, except in conformance with this chapter.
(b) All fences shall be located entirely upon the property of the person owning the fence, except line fences used
for agricultural purposes.
(c) All fence owners shall maintain the fence in a state of good repair and appearance, and not allow the fence
to become a safety hazard or nuisance. The city building official may order the removal or repair of any fence
that is unsafe, seriously dilapidated, blocking drainage, or in any way poses a threat to public health, safety,
and welfare.
(d) No fences shall be placed in a public road right-of-way, except temporary barriers authorized by public safety
personnel, the city engineer, or the city public works director.
(e) As to any fence (or any structure or landscaping), or any part thereof, installed or present within a public
easement, the city may remove the fence (or order it removed at its own discretion) in the event that work
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needs to be performed within the easement free of any claims of cost, loss or damage. The city and any
agent of the city shall be held harmless for any and all claims for damage to the fence, or part thereof, arising
out of or relating to work performed in the easement, including but not limited to the removal of the fence
or any part thereof. The city is not responsible or liable for the costs of repair, reinstallation or restoration of
any fence or part thereof removed from the easement.
(f) Fences (or any structure or landscaping), may not be placed within a public easement where public
improvements are located, or where an easement provides access to a public improvement, without first
receiving approval of an encroachment agreement by the public works director or other designee, along with
proof that the agreement has been filed with the record for the property in the office of the County Recorder
or Registrar of Title.
(g) That side of the fence considered to be the face or facing as applied to fence posts, shall front abutting
property (good side out). This shall not prohibit construction of wire or cable fences used to control livestock
in conformance with common agricultural practices.
(h) No person shall construct or maintain any fence that is connected to, or charged by, an electrical system,
except low-amperage systems used for livestock control in agricultural, long-term agricultural, and rural
residential zoning districts.
(i) The following fencing materials are allowed in all zoning districts:
(1) Chain link.
(2) Decorative masonry or block.
(3) Wrought iron.
(4) Brick.
(5) Natural stone, dressed, or undressed.
(6) Wood of proven exterior durability such as cedar, redwood, or treated wood.
(7) Plastic fencing manufactured to look like wood fencing.
(j) Barbed wire and cable fences are allowed only in the agricultural, long-term agricultural, rural residential,
and future urban service zoning districts, except up to four strands of barbed wire may be used to top
fencing at least six feet high in the industrial and restricted industrial zoning districts. Razor or ribbon wire is
prohibited in all zoning districts.
(k) No opaque fence or other visual obstruction over two feet tall shall be placed or allowed to develop within
20 feet of the intersection of any public street where both streets have a speed limit of 35 miles per hour or
less. In this case, the intersection shall be considered the edge of the curb or travel portion of the roadway.
Where one or more of the streets has a speed limit in excess of 35 miles per hour, such setback requirement
shall be 30 feet or as may be necessary for traffic and pedestrian safety.
(l) No fence over three feet high shall be constructed within ten feet of the ordinary high-water level of any lake
or waterbody listed in section 90-137. No fence shall extend beyond the ordinary high-water level of any lake
or waterbody listed in section 90-137.
(m) All fences constructed in the floodplain overlay district shall be of an open type, and must not obstruct the
free-flow of floodwaters, either by its construction, or through the collection of debris during periods of
flooding.
(n) A conditional use permit shall be required in the floodway and a use permit shall be required in the flood
fringe for any fences that have the potential to obstruct flood flows such as cyclone fences and fences made
of rigid walls such as wood or concrete privacy fences.
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(o) All fences constructed or maintained in the city shall comply with the setback and height requirements found
below:
Fence Setback and Maximum Height Standards (in feet)
AG UR MF C-1 C-2 RI-1 I-1 RC
LA R-1 R-4
RR R-2 R-5
FUS R-3
Front Yard Setback None None 15 10 30 40 30 40
Side Yard Setback None None None None None None None None
Rear Yard Setback None None None None 10 None None None
Front Yard Height 6 4 4 4 4 4 4 4
Side &
Rear Yard Height
8 6 6 8 8 10 10 10
(p) Front yard fences may be of opaque construction up to a height of four feet, excepting corner setback areas,
and so long as they do not pose a threat to public safety. In the agricultural, long-term agricultural, future
urban services, and rural residential zoning districts, that portion of a fence over four feet high must be of
open construction.
(q) Temporary fencing of construction sites, disaster scenes, and other sites posing a threat to public safety is
allowed subject to permission of the property owner. Such temporary fencing shall be allowed only for the
period of time required to ensure the public safety. Manufactured safety fence, snow fences, plywood and
natural wood fences, portable concrete barriers, and similar products and techniques are allowed for this
use, as well as those materials specified for use in permanent fencing.
(Prior Code, § 1195-270.1; Ord. No. 2009-434, § 1, 10-5-2009, Ord. No. 2025-544, 7-21-2025)
Sec. 90-228. Funeral homes and mortuaries.
(a) It is unlawful for any person to construct or maintain a funeral home or mortuary, except in conformance
with this chapter.
(b) Facilities for cremation may be allowed as an accessory use to funeral homes or mortuaries with a
conditional use permit.
(c) All funeral homes or mortuaries shall have adequate off-street parking and vehicle stacking areas to serve
their needs.
(Prior Code, § 1195-280.1)
Sec. 90-229. Garages, private.
(a) It is unlawful for any person to construct, operate or maintain a private garage in the city, except in
conformance with this chapter.
(b) Private detached garages are considered accessory buildings and are subject to all requirements under
section 90-229.
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(c) Private attached garages must meet the following standards:
(1) May not exceed, in size or height, the principal building located on the lot.
(2) May not exceed 1,000 square feet plus 25 percent of the amount by which the footprint of the
principal building exceeds 1,000 square feet in size.
(3) May not occupy over 40 percent of the lot's public street frontage as measured at the front yard
setback line.
(d) Private garages may be used only by the owner or occupant of the property on which they are located; they
may not be rented, leased, or occupied for commercial purposes.
(e) On residential lots of less than 10,400 square feet in size, all garage walls, including front walls, must be
located at, or to the rear of, the front wall of the principal building on the lot.
(f) Except for agricultural buildings and long-term agricultural zoning districts, private garages shall resemble, in
color, style, exterior siding, and roofing materials, the principal building on the lot or parcel.
(Prior Code, § 1195-300.1, § 90-230; Ord. No. 2009-430, § 1, 6-15-2009)
Sec. 90-230. Home occupations.
(a) It is unlawful to conduct or operate a business from a home in any zoning district of the city, except under
the conditions contained in this chapter.
(b) The purpose of this section is to maintain the character and integrity of residential areas, prevent unfair
competition with commercial districts, encourage the existing entrepreneurial spirit in the city, and provide a
means through the establishment of specific standards and procedures by which home occupations can be
conducted without jeopardizing the health, safety, and general welfare of the surrounding neighborhood.
The intent is to provide a mechanism enabling the distinction between those home occupations having
minimal or no secondary impact, and those which have potential to adversely affect surrounding properties.
(c) Home occupations, which conform to all of the following standards, may be permitted without obtaining a
home occupation interim use permit:
(1) Any home occupation shall be clearly incidental and secondary to the residential use of the premises
and shall not change the residential character thereof.
(2) The existence of the home occupation shall not be apparent beyond the boundaries of the site, except
a nameplate, not to exceed two square feet in size, identifying the business or service conducted on
the premises, affixed directly to the building.
(3) All home occupations shall be conducted entirely within the principal dwelling, except that up to 50
percent of the total floor area of accessory structures (e.g., attached garages, detached garages, and
other outbuildings) on a site may be used for the storage of equipment, trailers, or materials related to
the home occupation, provided that no assembly, display, manufacturing, repair, or other business
operations are conducted within an accessory structure. In no event shall the storage of materials
related to a home occupation result in fewer parking spaces than required by this code.
(4) The business or occupation shall not create any radio or television interference beyond the boundaries
of the site.
(5) The area set aside for home occupations shall not exceed 25 percent of the total floor area of such
residence.
(6) No home occupation shall permit light, glare, noise, odor, smoke, dust, or vibration that will in any way
have an objectionable effect upon adjacent or nearby property owners.
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(7) No home occupation shall generate customer or vehicle trips to the site earlier than 7:00 a.m. and later
than 9:00 p.m., Monday through Saturday, or earlier than 8:00 a.m. and later than 8:00 p.m. on
Sunday.
(8) No commodities shall be sold on the premises except incidental materials or agriculture products.
(9) No home occupations shall generate on average more than eight vehicle trips per day, including no
more than one delivery vehicle of a type that customarily serves a residential area. Vehicle trips related
to the home occupation from customers and clients should generally be by appointment only.
(10) There shall be no exterior storage of business equipment, merchandise, inventory, heavy equipment,
or other materials and miscellaneous items used in the home occupation except for one business
related automobile, truck, or van not exceeding 25 feet in length or a gross vehicle weight rating of
9,200 pounds may be parked on the premises.
a. In addition to the above, in the Agricultural, Long Term Agricultural, Rural Residential and Future
Urban Service zoning districts, or within any urban residential district on property ten acres or
greater in size, one additional business-related vehicle shall be allowed. Said vehicle may exceed
the weight and length limitations outlined above. One business related trailer shall be allowed
provided the trailer is attached to a vehicle and the combined length of the vehicle and trailer
does not exceed 46 feet.
(11) No alteration of the exterior of the dwelling or the accessory structure that changes the residential
character of the premises shall be permitted, except where required to comply with local and state fire
and police regulations.
(12) No more than one person, other than those who reside on the premises, shall engage in business
activities on the premises. The business may employ others only if their work activities are performed
off the premises.
(13) On-street parking facilities shall not be utilized to accommodate parking demand.
(14) No home occupation shall involve the use of hazardous materials or activities that require a hazardous
waste generator's license.
(d) The following uses, subject to the above performance standards, are examples of home occupations that
may be permitted without a home occupation interim use permit: home office facilities, music and art
studios, tutoring services with no more than two pupils per session, dressmaking and tailoring, and home
craft production such as rug weaving and model making.
(e) Home occupations which do not conform to the above standards may be conducted by a home occupation
interim use permit. The information required and the procedure to be followed for all home occupation
interim use permit applications shall be as set forth in subsections 90-38. In addition, the applicant may be
required to submit supplementary information pertaining to the nature of the home occupation, the
equipment used, days and hours that the home occupation will be conducted, and a plan showing the
portion of the dwelling or site to be used for the home occupation.
(f) An application for a home occupation interim use permit may be granted only upon a finding that all the
following criteria have been met:
(1) The applicant owns the property and resides at the principal residential address associated with the
home occupation, unless the council determines that unique conditions or circumstances warrant
special arrangements.
(2) The proposed home occupation is allowed as an accessory use in the respective zoning district and
conforms to this chapter.
(3) The proposed home occupation is in keeping with the spirit and intent of this chapter.
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(4) The proposed home occupation is compatible with the present character of the surrounding area.
(5) The proposed home occupation shall have a set date in which the permit shall be reviewed and
extended through the renewal process or terminated.
(6) The home occupation will not impose additional unreasonable costs on the public.
(7) The proposed home occupation shall be subject to, by agreement with the property owner, any
conditions that the city council deems appropriate for permission of the use.
(g) In permitting a new home occupation interim use permit or amending an existing home occupation interim
use permit, the planning commission may recommend and the city council may impose, additional
conditions and requirements to protect the health, safety, and welfare of the surrounding area and the
community at whole, mitigate unfavorable consequences of activities resulting from issuing the permit,
enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions
may include, but are not limited to, the following:
(1) Limitations on period of use, occupancy, and operation.
(2) Buffering and screening measures.
(3) Renewal periods between one to five years.
(h) A home occupation interim use permit shall be issued for an initial period of up to two years, after which the
permit may be renewed for periods of up to five years each. Notice of the permit renewal application must
be provided to the property owners of record for properties located within 350 feet of the lot or parcel to
which the home occupation interim use application applies and the property owners shall be allowed a
period of ten days in which to respond. Notice of the permit renewal application should also be provided to
the planning commission and the city council. If no parties wish to be heard at a public meeting to consider
the application within ten days of the notice the application can be approved administratively. A public
hearing shall also be required if deemed necessary by the community development director, or a majority of
the planning commission or the city council. If a public hearing is deemed necessary, the community
development director shall schedule the item for consideration by the city council and shall notify the
surrounding property owners of the hearing date. The city council shall renew an interim use permit if the
following criteria are met:
(1) The interim home occupation satisfies the performance standards for interim home occupations and
the conditions of the home occupation interim use permit.
(2) The interim home occupation has been operating without violation of city ordinances or significant
impact on surrounding neighbors.
(3) The interim home occupation is operating as the same type of business at the same scale and intensity
as originally approved. If the home occupation has significantly changed, the applicant shall apply for a
new home occupation interim use permit.
(i) Home occupation interim use permits do not run with the land. The permit is not transferable from person-
to-person, and shall expire if there is a change in ownership of the property, unless the following conditions
are met:
(1) The new permit holder must own the property and reside at the principal residential dwelling address.
In the event that the permit holder is not the owner of the property or the principal resident, the city
council may approve a transfer of the permit if unusual conditions warrant a transfer.
(2) The transfer of the permit must be approved by the city and filed accordingly.
(j) Transferred permits shall be renewed within two years of the date that the permit transfer was recorded or
by the original renewal date, whichever is sooner. If the permit expires, the current principal owner of the
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property may reapply for a home occupation interim use permit and shall follow the information submittal
and procedural requirements outlined in this section.
(k) A home occupation interim use permit may be granted for home occupations in the R-1, R-2, R-3, R-4,R-5, C-
1, C-2, M-U, and FCB zoning districts that meet all the requirements of subsection (c) of this section except
subsections (c)(9), (12), or (13), provided that the home occupations conform to the following standards:
(1) Interim home occupation may employee more than one nonresident if the applicant can satisfactorily
prove unusual or unique conditions or need for additional nonresident assistance and that this
exception would not compromise the intent of this chapter.
(2) Interim home occupations may be allowed to accommodate their parking demand through utilization
of on-street parking. In such cases where on-street parking facilities are necessary, the city council
reserves the right to establish the maximum number of on-street parking spaces permitted.
(3) Interim home occupations that generate more than eight vehicle trips on average per day or are served
by delivery vehicles which do not customarily service residential areas, may be allowed by the council
on a case-by-case basis.
(l) The following uses, subject to the performance standards of this section, are examples of home occupations
that are permitted with a home occupation interim use permit: barber or beauty shops with a single chair,
tutoring services with no more than six pupils per session, domestic animal grooming, and photography
studios.
(m) The following uses by the nature of the investment or operation are not compatible with the use and value
of an area zoned for residential purposes or have a pronounced tendency, once started, to rapidly increase
beyond the limits permitted for home occupations. Therefore, the uses specified below are prohibited home
occupations in the R-1, R-2, R-3, R-4 and R-5 zoning districts: minor or major vehicle and engine repair and
painting of vehicles, woodworking and cabinet making, medical or dental clinics, welding or machine shops,
massage or tattoo parlors, animal hospitals, rental businesses, restaurants, and contractor's yards where
construction materials and supplies commonly used by building, excavation, roadway construction,
landscaping, and similar contractors are stored or serviced.
(n) A home occupation interim use permit may be granted for home occupations within the LA, AG, RR, and FUS
zoning districts, or within any urban residential district on property greater than ten acres in size. The interim
use permit must meet all the requirements of subsection (c) of this section except subsections (c)(3), (7), (9),
(10), (12), or (13), provided that the home occupations conform to the standards for home occupation
interim use permits in any other districts and the following standards:
(1) A home occupation may be conducted in an accessory building provided that the home occupation is
contained entirely within one building.
(2) Exterior storage of materials, equipment, and permitted vehicles used for the home occupation may be
allowed provided that the storage area is screened from the view of adjacent property owners and
public rights-of-way using fencing, landscaping, berms, or other methods approved by the City, except
that any business-related vehicles or trailers allowed under subsection (c)(10), above may be parked on
the driveway of the residence without being screened. In no case shall the exterior storage area, on
parcels of land less than ten acres, exceed half the size of the largest accessory building on the
property. Up to 500 square feet of exterior storage area may be allowed per acre of property on
parcels of land exceeding ten acres.
(o) The city recognizes that certain home occupations in the rural area of the city are less likely to negatively
impact adjacent property owners and the character of the neighborhood than in the urban residential areas
of the city. Therefore, the following uses that are prohibited in all other residential districts as home
occupations may be permitted with a home occupation interim use permit in the LA, AG, RR, and FUS
districts, provided that the home occupations meet the above standards: minor or major vehicle and engine
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repair or painting of vehicles, welding or machine shops, woodworking and cabinet making, and contractor's
yards where construction materials and supplies commonly used by building, excavation, roadway
construction, landscaping, and similar contractors are stored or serviced. All other home occupation uses
that are prohibited in the urban residential districts shall be prohibited in the LA, AG, RR, and FUS districts.
(Prior Code, § 1195-330.1, § 90-232; Ord. No.2008-421, § 1(1195.330.1(Subd. 2(J)), 1(1195.330.1(Subd. 13(B)), 7-7-
2008; Ord. No. 2015-470, § 4, 5-4-2015)
Sec. 90-231. Horse training and boarding facilities.
(a) It is unlawful for any person to construct or operate a horse training and/or boarding facility in the city,
except in accordance with these regulations.
(b) Commercial horse training and boarding facilities offering services to the public which have the facilities to
maintain or care for ten or more horses, must have their principal entrance located on a minor expander,
minor connector, or a major or minor collector.
(c) The requirements for the keeping of livestock found in this chapter must be met.
(d) Horse training and boarding facilities may not be used for human living quarters, the preparation of meals, or
for similar personal living activities, except as allowed in subsection (e) of this section.
(e) Other provisions of this chapter notwithstanding, commercial horse training and boarding facilities may
provide living quarters for one employee. Such living quarters may be located in the stable. Living quarters
for the employees shall meet the standards of the state building code and comply with the standards for an
accessory apartment found in this chapter.
(f) Other provisions of this chapter notwithstanding, horse training and boarding facilities may be issued a
conditional use permit to sell horse care and riding supplies at retail.
(g) The following additional standards apply to commercial horse training and boarding facilities that offer
services to the public:
(1) Horse training facilities shall provide sanitary facilities for the public's use. The sanitary facilities must
be constructed in accordance with the state building code, and connected to an individual sewage
treatment system or the municipal sanitary sewer system.
(2) Horse training and boarding facilities serving the public must have their principal entrance located on a
minor expander, minor connector, or a major or minor collector.
(Prior Code, § 1195-340.1, § 90-233)
Sec. 90-232. Hotels.
(a) It is unlawful for any person to construct or operate a hotel in the city, except in accordance with these
regulations.
(b) Hotels must have their principal entrance located on a minor expander, minor connector, or a major or
minor collector.
(c) Hotels may include accessory uses such as restaurants or retail sales internally that are clearly subordinate to
the hotel or motel use.
Sec. 90-233. Hunt and gun clubs.
(a) It is unlawful for any person to construct or operate a hunt or gun club except in conformance with this
chapter.
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(b) All hunt and gun clubs must have their principal entrance located on a state or county highway, or city
collector street.
(c) Hunt and gun clubs must be located on parcels of land at least 40 acres in size.
(d) All shooting ranges, skeet ranges, trap ranges, archery courses, and similar facilities shall be constructed in
accordance with an approved site plan that shall be a provision of the conditional use permit issued for the
site. All shooting activities must be confined to the designated ranges, and located at least 500 feet away
from all property lines.
(e) All hunt and gun clubs shall be subject to safety and sound control plans approved by the city council. All
required safety and sound control measures shall be constructed and operational prior to any discharge of
firearms on the property of any hunt or gun club.
(Prior Code, § 1195-360.1, § 90-234)
Sec. 90-234. Indoor riding arenas.
(a) It is unlawful for any person to construct or operate an indoor riding arena, except in conformance with this
chapter.
(b) Indoor riding arenas may be allowed in the agricultural, rural residential, and future urban service zoning
districts on parcels at least ten acres in size, subject to the following conditions:
(1) The riding arena may not exceed 8,400 square feet in size. Other agricultural and accessory buildings
may be constructed on the property or attached to the riding arena provided the size of the structures
does not exceed the permitted square footage outlined in section 90-203.
(2) The riding arena may not be located between the home and a public street.
(3) Not more than 25 percent of the structure can contain a concrete floor or other similar surface.
(4) The riding arena shall be a minimum of 40 feet from the side lot line and meet all other applicable
setback requirements.
(5) If the use of the riding arena is discontinued in the future, the building may not be used for the
operation of a business, including the storage of business-related materials and equipment.
(6) The keeping of animals and construction of other horse-related facilities shall comply with sections 90-
231 and 90-240.
(Prior Code, § 1195-365.1, § 90-235; Ord. No. 2015-470, § 3, 5-4-2015)
Sec. 90-235. Kennels.
(a) The following applies to hobby or private kennels not used for commercial purposes:
(1) It is unlawful for any person to construct or operate a hobby kennel, except in conformance with this
chapter and chapter 10 of this Code.
(2) All hobby kennels shall be fenced to prevent animals running loose off the kennel property.
(3) No hobby kennel may house or maintain over four animals over six months of age.
(4) All exterior structures used for the confinement, care, or breeding of animals, shall be set back a
minimum of ten feet from any property line and 50 feet from any water supply well.
(b) The following applies to commercial kennels:
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(1) It is unlawful for any person to construct or operate a commercial kennel, except in conformance with
this chapter and chapter 14 of this Code.
(2) Commercial kennels that have the facilities to house, maintain, or keep four or more animals over six
months of age, must have their principal entrance located on a state highway, county road, or city
commercial collector street.
(3) The minimum lot size for a commercial kennel in the agricultural zoning district is five acres.
(4) All structures, pens, fences, or other materials used for the confinement, care, or breeding of animals
shall be set back a minimum of 100 feet from any residential property line and 50 feet from any water
supply well.
(5) Adequate sewage disposal, through either an individual sewage treatment system or the municipal
sewage system, shall be provided to handle all human and animal waste for the facility.
(Prior Code, § 1195-370.1, § 90-236 & 90-237)
Sec. 90-236. Landscaping.
(a) The city recognizes that adequate landscaping makes for a more attractive community, provides habitat for
wildlife, improves surface water quality, reduces radiant heat, curtails air and noise pollution, and increases
property values. For these reasons, this section establishes minimum landscaping requirements for the
development and use of property in the city.
(b) A landscaping plan shall be provided to the city for approval as part of the required site plan approval for all
commercial, industrial, and residential housing with three units or more. Such plan shall describe, as a
minimum:
(1) Established and proposed drainage patterns on the site.
(2) The location, number, size, and type of all mature trees existing on the site, and identification of those
to be removed. Mature trees are defined as trees measuring a minimum of six inches in diameter or
larger for deciduous trees and measuring four inches in diameter or larger for coniferous trees,
measured 54 inches above the ground.
(3) The location, number, type, and size of all trees and shrubs to be planted, as well as the type of mulch
to be used.
(4) The location and description of all ground covers to be planted or preserved.
(5) The location of all street, utility, and drainage easements located on the site.
(6) Relationship of landscaping to the structures and facilities proposed for the site.
(7) A chart showing the number of trees, shrubs, etc., proposed.
(c) An amount not less than one percent of the cost of improvements made as part of a development, meeting
one or more of the conditions listed below, shall be expended on landscaping. The landscaping plan and
supervision of landscaping improvements shall be made by a landscaping professional and approved by the
city council.
(1) Multi-family housing development, which includes apartments and townhouse developments,
containing ten or more housing units.
(2) All commercial and industrial development.
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(d) Wherever feasible, shade trees with a trunk diameter of six inches or more, and evergreen trees over 25 feet
in height, shall be preserved as part of land development activities. If not feasible, then a replacement
agreement must be met with the city.
(e) No vegetation, fence, berm, or other visual obstruction over two feet tall shall be placed, or allowed to
develop, within the site triangle areas as defined in Section 90-49(a)(7). Trees that overhang the setback
requirement shall have their branches trimmed to provide unobstructed visibility to a point ten feet above
the centerline gradient of the abutting streets. Public utility poles, street lights, and regulatory signs
constructed may be located in the site triangle area with approval of the city engineer.
(f) No tree, shrub, or other organic matter, except low-growing ground covers, shall be planted or allowed to
grow in public road rights-of-way without approval by the city council.
(g) No tree shall be planted under or near an overhead power line that may grow to interfere with power
transmission. Large mature-height trees, may not be planted under or within 30 feet of overhead power
lines. Care shall be taken not to cause damage to underground utilities and services when planting.
Excavations over 18 inches deep require prior notification of utility companies and the locating of
underground facilities through the state's Gopher State One-Call system.
(h) No person shall cut, remove, trim, or in any way damage any tree on any property owned by the city, or shall
create any condition hazardous to any tree on city property without approval of the city's public works
director.
(i) Intensive clearing of vegetation in shoreland areas is not allowed. Limited clearing of trees, shrub cutting,
and pruning of trees is allowed to provide view to the water from the principal dwelling site and to
accommodate placement of stairways, landings, picnic areas, access paths, livestock watering areas, beach
and watercraft access areas, and permitted water-oriented accessory structures and facilities provided that:
(1) Clearing of vegetation shall be limited as much as possible. No vegetation shall be removed which
would lead to erosion, bank slumping or change to the topography of shoreland or public waters.
(2) The screening of structures, vehicles, or other facilities, as viewed from the water, assuming summer
leaf on conditions, is not substantially reduced.
(3) Existing shading of water surfaces is preserved along lakes, rivers and streams.
(j) For regulations on bluffs, see section 90-169.
(k) Wetland areas shall be left undisturbed and allowed to retain their natural vegetative cover. Where wetlands
are restored or replaced, vegetative cover shall be planted or allowed to grow in accordance with the
wetland type desired.
(l) Buffer strips of natural upland vegetation, free of noxious weeds and materials, up to 50 feet wide are
encouraged along wetlands, lakes, rivers, and streams.
(m) Safe and attractive screening shall completely block from view the activities or uses requiring the screening
from all public right-of-way and adjacent properties.
(n) Parking and loading areas.
(1) The perimeter area of all parking and loading areas shall be landscaped. Landscaping performed in
parking and loading areas shall apply towards meeting the other landscaping requirements of its zoning
district. This perimeter area shall be a minimum of ten feet wide where it abuts a public street and
residentially zoned property and five feet wide where it abuts other areas. The perimeter area shall be
measured from the street right-of-way or lot line to back of curb. Sidewalks shall not be included when
determining the landscaping requirement for the perimeter area. The perimeter area shall be covered
with approved ground cover, as herein defined, and include an average of at least one evergreen or
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overstory tree per 30 feet of perimeter frontage, as measured at the outer edge of the perimeter area.
This does not require trees to be equally spaced within the frontage area.
(2) Areas containing parking spaces for over 40 cars and all parking and loading areas exceeding 10,000
square feet shall have a minimum of five percent of their interior area set aside for landscaping.
Landscaping areas must be a minimum of 100 square feet to be included in the total area required to
meet this requirement. These areas will be covered with approved ground covers and a minimum of
one tree shall be planted for every 100 square feet of landscaped area.
(o) For all Single-Family Housing: All yard areas are to be covered with an approved ground cover. Two overstory
deciduous shade trees shall be maintained in the front yard of each home site. Where five or more trees are
planted as part of a development, no more than 20 percent of the trees planted to meet this requirement
shall be of the same species. No tree, shrub, or other plant, except approved ground cover, shall be planted
or allowed to grow in public road right-of-way without approval of the city council.
(p) For all Multi-Family Housing: All lot areas not covered by buildings, parking and loading areas, driveways, or
other approved impervious surfaces shall be covered with an approved ground cover, and landscaped to
meet the following minimum standards:
(1) One overstory deciduous shade tree per housing unit.
(2) One coniferous tree per housing unit.
(3) One ornamental or understory tree for every 1,000 square feet of building or one ornamental or
understory tree for every 100 feet of site perimeter, whichever is greater.
(4) One ornamental shrub for every 200 square feet of building or one shrub for every 30 feet of site
perimeter, whichever is greater.
(5) Credit for large trees. The city council may, at their discretion, give credit for trees exceeding the
minimum planning size requirements. The city may reduce the required number of plantings by up to
ten percent when trees in excess of the minimum size requirements are provided.
(6) Equivalent planting materials. The following substitutions may be made for the minimum landscape
requirements:
a. An equivalent of up to 50 percent of the required number of overstory trees may be substituted
with the use of ornamental or understory trees. In such case, not less than three ornamental or
understory trees shall be provided for each one required overstory tree substituted.
b. An equivalent of up to 50 percent of the required number of ornamental or understory trees may
be substituted with the use of shrubs. In such case, not less than 20 shrubs shall be provided for
each one required ornamental or understory tree substituted.
(q) For all Commercial or Industrial areas: All lot areas not covered by buildings, parking and loading areas,
driveways, or protected wetland area shall be covered with an approved ground cover and landscaped to
meet the following minimum standards:
(1) One overstory deciduous shade tree for every 2,000 square feet of total building area or one tree for
every 100 feet of site perimeter, whichever is greater.
(2) One coniferous tree for every 2,000 square feet of building or one coniferous tree for every 200 feet of
site perimeter, whichever is greater.
(3) One ornamental or understory tree for every 2,000 square feet of building or one ornamental or
understory tree for every 200 feet of site perimeter, whichever is greater.
(4) One shrub for every 300 square feet of building or one shrub for every 30 feet of site perimeter,
whichever is greater.
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(5) Credit for large trees. The city council may, at their discretion, give credit for trees exceeding the
minimum planning size requirements. The city may reduce the required number of plantings by up to
ten percent when trees in excess of the minimum size requirements are provided.
(6) Equivalent planting materials. The following substitutions may be made for the minimum landscape
requirements:
a. An equivalent of up to 50 percent of the required number of overstory trees may be substituted
with the use of ornamental or understory trees. In such case, not less than three ornamental or
understory trees shall be provided for each one required overstory tree substituted.
b. An equivalent of up to 50 percent of the required number of ornamental or understory trees may
be substituted with the use of shrubs. In such case, not less than 20 shrubs shall be provided for
each one required ornamental or understory tree substituted.
(r) Site Restoration: All property disturbed by mining, excavation or fill, or by other uses that disturb the
vegetative cover of the property, and that shall lie fallow or undisturbed thereafter, shall be restored as soon
as practicable. As a minimum, such restoration shall include:
(1) A minimum of four to six inches of topsoil shall be applied to all areas to be seeded. Topsoil shall be of
the type that naturally exists on the site, and is to be generally free of debris, rock, roots, noxious
weeds, or any substance potentially toxic to plant growth. The surface area where topsoil is to be
added shall be loosened to a depth of two inches, and the topsoil shall be mixed within this depth to
ensure binding.
(2) The seedbed shall be tilled to a minimum depth of four inches and fertilizer applied in accordance with
the recommendations of the University of Minnesota Extension Service.
(3) Minnesota Department of Transportation Standard Prairie Grass Seed Mix, suitable for the site, shall be
applied at a uniform rate as recommended by the producer through drilling, broadcast spreading, or
hydroseeding. A good quality straw mulch shall be applied at a rate not less than 4,000 pounds per acre
on all slopes of four to one or greater, then anchored using disks or netting.
(4) A mixture of deciduous and coniferous trees, at an average density not less than ten per acre, shall be
planted at areas of the property owner's choice. These trees may be grouped into stands for the
purposes of erosion control, buffering, or wildlife habitat. No more than 20 percent of the trees
planted to meet this requirement shall be of the same species.
(5) Vegetative Buffering. When required, vegetative buffering shall interrupt the view of the objects being
buffered from public road rights-of-way and adjacent property. No more than 15 lineal feet of the
object being buffered shall be visible from public road rights-of-way and adjacent properties without a
vegetative interruption extending from the base of the object to a minimum height of six feet.
Coniferous and deciduous trees and shrubs may be used to fulfill this requirement.
(s) Plantings, except for site restoration activities in the rural development area, must be of the size indicated in
this subsection, and meet the American Standard for Nursery Stock published by the American Association of
Nurserymen. Bare root plants may be allowed if specifically approved as part of the site development plan,
otherwise all plants must be balled and burlaped, or container grown.
(1) Overstory deciduous trees: 2.5-inch caliper.
(2) Coniferous trees: six feet in height.
(3) Shrubs:
a. Deciduous shrubs: three-gallon pot.
b. Coniferous shrubs: five-gallon pot.
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(4) Ornamental or understory trees: 1.5-inch caliper.
(t) Minimum installation requirements are that:
(1) All deciduous and coniferous trees shall be staked and guyed per national nurseryman's standards.
Deciduous trees shall have branches trimmed to a point six feet above the ground.
(2) Adequate fertilizer, water, and mulch shall be provided to ensure plant survival and successful growth.
Plantings shall be inspected at least bi-weekly during the first growing season, with dead and severely
damaged plants replaced as needed.
(3) All open areas shall be sodded over four inches of topsoil.
(4) Undisturbed areas and wetlands containing natural vegetation may be maintained if they are free from
foreign and noxious materials.
(u) Property owners are responsible to ensure that landscaping is maintained in an attractive condition free
from invasive and noxious weeds and materials, as defined by the Minnesota Department of Natural
Resources. The owner shall replace any required vegetation within two years of planting, including damaged
or dead trees, shrubs, ground covers, and sodding. Blue grass and similar turf-grass lawn covers shall be kept
cut so as not to exceed eight (8) inches in height.
(v) Species found below are prohibited anywhere in Hugo and shall not be used in any new or existing
developments:
(1) Prohibited Trees:
a. Acer ginnala (Amur Maple) - invasive
b. Acer platanoides (Norway Maple) - invasive
c. Acer tataricum (Tatarian Maple) - invasive
d. Ailanthus altissima (Tree of Heaven) - invasive
e. Fraxinus americana (White Ash)- pests
f. Fraxinus nigra (Black Ash) - pests
g. Fraxinus pennsylvanica (Green Ash) - pests
h. Ginkgo biloba – female (Ginkgo) – disliked qualities
i. Picea pungens (Blue Spruce) – changing environment
j. Robinia pseudoacacia (Black Locust) – disliked qualities
(2) Prohibited Shrubs:
a. Berberis thunbergii (Japanese Barberry) - invasive
b. Caragana arborescens (Siberian Peashrub) - invasive
c. Euonymus alatus (Winged Burning Bush) - invasive
d. Rosa multiflora (Multiflora Rose) - invasive
e. Tamarix ramosissima (Tamarisk) - invasive
(Prior Code, § 1175-140.1, § 90-181; Ord. No. 2017-483, § 1, 6-5-2017)
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Sec. 90-237. Lifts and ramps.
(a) It is unlawful for any person to construct or expand a lift or ramp within the shoreland district, except in
conformance with this chapter.
(b) Lifts and ramps are allowed as an accessory use in the shoreland overlay district by permit issued by the
building official.
(c) Stairways and lifts are preferred to major topographic alterations for achieving access up and down bluffs
and steep slopes to shore areas.
(d) Stairways and lifts on residential lots shall not exceed four feet in width. Wider stairways may be used for
commercial properties, public open space, and recreational properties, and in planned unit developments.
Stairways and lifts exceeding eight feet in width require a conditional use permit.
(e) Landings for stairways and lifts on residential lots shall not exceed four feet in width. Wider landings may be
used for commercial properties, public open space, recreational properties, and in planned unit
developments. Landings exceeding eight feet in width require a conditional use permit.
(f) Canopies or roofs are not allowed on stairways, lifts, or landings.
(g) Lifts and ramps shall be constructed to provide positive control of erosion.
(h) Lifts and ramps shall be located in the most visually inconspicuous location feasible as viewed from the
surface of the public water and assuming summer leaf-on conditions.
(i) Facilities for achieving access by physically handicapped persons shall be reasonably allowed so long as they
are in compliance with Minnesota Regulations 1340.
(Prior Code, § 1195-390.1, § 90-238)
Sec. 90-238. Lighting.
(a) It is unlawful for any person to erect, install or operate outdoor lighting, except in conformance with this
chapter.
(b) Outdoor lighting is a permitted accessory use in all zoning districts of the city.
(c) Within all residential zoning districts, all outdoor light sources shall be shielded or controlled so as not to
light adjacent property at an intensity exceeding one-quarter footcandle as measured at the property line,
and not to light any public right-of-way to an intensity exceeding one-half footcandle meter reading as
measured on the street's centerline.
(d) Within all nonresidential zoning districts, no light source, or combination of light sources, shall cast a light on
any adjacent property exceeding one-half footcandle as measured at the property line, or one footcandle on
any public street, as measured at the street's centerline.
(e) More intensive lighting may be allowed by conditional use permit for outdoor recreational activities. No
outdoor recreation facility, public or private, shall be illuminated after 11:00 p.m., unless the lighting fixtures
conform to the standards for its zoning district.
(f) The following outdoor light fixtures are prohibited:
(1) Searchlights between the hours of 11:00 p.m. and sunrise.
(2) Flashing lights not erected by government authority.
(3) Any light source that poses a risk to public safety.
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(g) The following lighting mechanisms are exempted from the provisions of this chapter not relating to public
safety:
(1) Temporary holiday lighting used during customary holiday seasons.
(2) Civic event lighting approved by the city council.
(3) Airport lighting required for the safe operation of aircraft.
(4) Safety lighting required by federal, state, or local law, ordinance, or regulation.
(h) Measurements shall be taken after dark with the light meter held six inches above the ground with the meter
facing the light source. A reading shall be taken with the light source on, then with the light source off. The
difference between the two readings is the illumination intensity.
(i) Outside lighting shall not be located within a shoreland impact area or over public waters unless it is utilized
to illuminate potential safety hazards and shielded to prevent illumination across public waters. This does
not preclude the use of navigational lights, where required.
(Prior Code, § 1195-400.1, § 90-239)
Sec. 90-239. Liquor and alcohol uses (brewpubs, wineries, distilleries, etc.).
(a) It is unlawful for any person to produce or sell liquor or any alcohol anywhere in the city, except in
conformance with this chapter.
(b) Uses must comply with all regulations of chapter 6 article II, Division 2 of the city code regarding alcoholic
beverages and licenses.
(c) The following shall apply to brewpubs, breweries, wineries, distilleries, taprooms, tasting rooms, and cocktail
rooms whether permitted, conditional, or accessory:
(1) In industrial zoning districts, the floor area of taprooms, brewpubs, tasting rooms, cocktail rooms and
wineries may be used for retail sales of associated products provided the retail floor area does not
exceed 20 percent of the gross floor area.
(2) Outdoor seating is permitted provided the area of the seating does not exceed 35 percent of the floor
area used for retail or indoor seating.
Sec. 90-240. Livestock and poultry.
(a) It is unlawful for any person to keep or maintain any animal, domestic or nondomestic, in the city, except in
conformance with the requirements of this section.
(b) Domestic livestock and poultry may be kept or maintained in the agricultural, long-term agricultural, future
urban service, and rural residential zoning districts on parcels of land of five acres or more in size. Two
animal units shall be allowed for the first five acres of land, and one additional animal unit shall be allowed
for each acre of land in excess of five acres. On parcels of land less than five acres in the agricultural, long-
term agricultural, future urban service, and rural residential zoning districts, up to five chickens may be kept
or maintained, none of which may be roosters. For the purposes of this subsection (b), the following
conditions shall apply:
(1) Adjacent parcels of land under common ownership may be combined to determine the maximum
number of animal units allowed, if the parcels are operated as a single enterprise.
(2) In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded
down to the nearest whole number to determine the number of animal units allowed.
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Animal
Units
Per
Acre
Animals
Per
Animal
Unit
First
5
Acres
6
Acres
7
Acres
8
Acres
9
Acres
10
Acres
11
Acres
12
Acres
Mature Dairy
Cow
1.400 0.714 1 2 3 4 4 5 6 6
Slaughter
Steer or
Heifer
1.000 1.000 2 3 4 5 6 7 8 9
Horse 1.000 1.000 2 3 4 5 6 7 8 9
Swine Over
55 Pounds
0.400 2.500 5 8 10 13 15 18 20 23
Goose or
Duck
0.200 5.000 10 15 20 25 30 35 40 45
Goat or
Sheep
0.100 10.000 20 30 40 50 60 70 80 90
Swine Under
55 Pounds
0.050 20.000 40 60 80 100 120 140 160 180
Turkey 0.018 55.556 111 167 222 278 333 389 444 500
Chicken 0.010 100.000 200 300 400 500 600 700 800 900
Animal
Units
Per
Acre
Animals
Per
Animal
Unit
13
Acres
14
Acres
15
Acres
16
Acres
17
Acres
18
Acres
19
Acres
20
Acres
Mature Dairy
Cow
1.400 0.714 7 8 9 9 10 11 11 12
Slaughter
Steer or
Heifer
1.000 1.000 10 11 12 13 14 15 16 17
Horse 1.000 1.000 10 11 12 13 14 15 16 17
Swine Over
55 Pounds
0.400 2.500 25 28 30 33 35 38 40 43
Goose or
Duck
0.200 5.000 50 55 60 65 70 75 80 85
Goat or
Sheep
0.100 10.000 100 110 120 130 140 150 160 170
Swine Under
55 Pounds
0.050 20.000 200 220 240 260 280 300 320 340
Turkey 0.018 55.556 556 611 667 722 778 833 889 944
Chicken 0.010 100.000 1000 1100 1200 1300 1400 1500 1600 1700
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(c) The Comparison of Livestock Units table, shows the animal units for common domestic livestock. For all
other livestock, the animal units will be computed by dividing the average weight of the animal by 1,000
pounds.
Comparison of Livestock Units
Animal Animal Units
Mature dairy cow 1.4
Slaughter steer or heifer 1.0
Horse 1.0
Swine over 55 pounds 0.4
Goose or duck 0.2
Goat or sheep 0.1
Swine under 55 pounds .05
Turkey .018
Chicken .01
(d) Up to double the animal unit density may be allowed by conditional use permit subject to an approved
facility management and waste-handling plan.
(e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no
nearer than 100 feet from any inhabited, neighboring dwelling.
(f) All domestic livestock shall be kept in an enclosure, such as a barn, stable, paddock, or fenced-in area
sufficient to retain the animals on the owner's property.
(g) Within the agricultural and long-term agricultural zoning districts, open enclosures, such as paddocks,
corrals, and other fenced-in areas used to maintain domestic livestock, may be located on any property line
insofar as they do not obstruct traffic safety on any public roadway.
(h) Use of the University of Minnesota's Agricultural Extension Service's best management practices for animal
waste shall be encouraged. This subsection (i) shall not prohibit the spreading of animal waste for disposal on
farm fields located in the agricultural and long-term agricultural zoning districts, or in the rural residential
district on parcels of land exceeding ten acres in size, in accordance with common agricultural practice.
(i) Nondomestic animals, wildlife, and rare exotic animals may be maintained in the city upon issuance of a
conditional use permit. As a minimum, United States Department of Agriculture guidelines will be followed
for the care, maintenance, housing, and security of such animals.
(Prior Code, § 1195-420.1, § 90-241; Ord. No. 2015-470, § 3, 5-4-2015)
Sec. 90-241. Manufactured home park.
(a) It is unlawful for any person to operate a manufactured home park in the city without first having obtained a
conditional use permit from the city, and a license to operate such park from the state department of health.
(b) Performance standards for a manufactured home park.
(1) All manufactured home parks must be served by municipal sewer and water, and all homes within the
park must be connected to such services. A fire hydrant must be located within 250 feet of each
manufactured home. Sanitary sewer, storm sewer, and water system components in the park shall be
constructed and maintained by the owner of the park, in accordance with the standards of the state
department of health and the requirements of the city's utility system.
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(2) All manufactured home parks with ten or more units must have a shelter to provide a safe place within
the park for all residents to assemble in case of severe weather conditions, such as tornadoes, high
winds, and floods. Such shelter shall be constructed in accordance with chapter 1370 of the state
building code. Such shelter shall be constructed within 500 yards of each manufactured home.
(3) All manufactured home parks must be adequately drained so that no home, building, roadway or
public place is made unusable or unsafe by standing stormwater at any time other than a 100-year, or
greater, storm event.
(4) All manufactured homes located in the park must be served by an internal road network owned and
maintained by the park owner. Such roads must be constructed, as a minimum, in accordance with the
standards for an urban minor street found in chapter 66 of this Code, except that the roadway width
may be reduced to 24 feet, face-of-curb to face-of-curb where no on-street parking is allowed. In
accordance with Minn. Stat. § 327.27, subd. 2a, all private streets meeting the standard defined herein
shall be posted with a speed limit not to exceed 30 miles per hour. Speed limits on private streets
existing prior to the adoption of the ordinance from which this chapter is derived, and not meeting the
above standard, shall be ten miles per hour.
(5) All streets and roadways located in a manufactured home park shall be maintained in a safe and
useable condition by the park's owner for emergency vehicles at all times.
(6) Street lighting shall be provided within the park by the park's owner. As a minimum, the street lighting
shall illuminate all entrances to the park and the intersections of all roadways within the park.
(7) Off-street parking shall be provided within the park in accordance with the standards for apartment
housing found in section 90-252.
(8) The addresses of all lots within a manufactured home park shall be clearly marked on the lot with a
minimum of six-inch-tall numbers, made of reflective material or artificially illuminated, and clearly
visible from the street.
(9) A minimum of ten percent of the net buildable area in the park must be set aside as recreational space
for the tenants and homeowners in the park. A minimum of one acre of park space is required for each
manufactured home park, improved with children's playground equipment, and constructed, installed,
and maintained by the park's owner in accordance with the standards of the equipment manufacturer
and the consumer products safety commission.
(10) Solid waste removal must be provided for in the park in accordance with chapter 62 of this Code, and
all waste storage facilities shall be fenced, screened and maintained in a clean and sanitary condition.
The park owner shall ensure that no waste matter, rubbish, or refuse is allowed to accumulate within
the park, and that the park is kept free of vermin and rodents.
(11) Manufactured home parks shall be landscaped in accordance with the standards set for apartment
housing found in section 90-236.
(12) Manufactured home parks will be screened from adjacent properties and public rights-of-way in
accordance with section 90-236, except that up to 20 percent of the perimeter, including access roads,
may be open to view from adjacent property and the public road right-of-way.
(13) All electrical, telephone, cable television, and other such utility service lines shall be constructed
underground.
(14) The principal entrance to all manufactured home parks must be located adjacent to a county or state
highway, a city collector street or a frontage road serving such a highway or collector street.
(15) All manufactured home parks must be identified at all entrances with a sign, not less than ten square
feet and not more than 20 square feet, marked with the name of the park and a current telephone
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number of the person responsible for the park's care. The sign must meet the standards for a
permanent sign found in this chapter.
(c) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the
provisions placed on subdivisions by section 90-336 of this chapter.
(Prior Code, § 1195-430.1, § 90-242; Ord. No. 2009-434, § 1, 10-5-2009)
Sec. 90-242. Manufactured housing.
(a) It is unlawful for any person to construct, lease, occupy, or maintain manufactured housing in the city, except
in conformance with the requirements of this section.
(b) Manufactured homes may be located in any residential zoning district of the city so long as they meet all
zoning, environmental, and safety standards of the city, as well as the following conditions:
(1) All manufactured homes located in the city, and constructed after 1972, must meet the requirements
of the state's manufactured home building codes. A certificate of compliance from the state
department of administration is required for each home to prove such compliance.
(2) All manufactured homes located outside of a manufactured home park must have a minimum width of
24 feet, and a minimum first-floor area of 940 square feet, garage not included. All manufactured
homes located outside a manufactured home park must be constructed on a permanent foundation,
including frost footings, unless specifically exempted under this chapter.
(3) All manufactured homes located in the city for a period in excess of 48 hours shall be stabilized and
anchored in accordance with the rules of the state department of administration. Manufactured home
installers must be licensed by the state department of commerce.
(4) All manufactured homes constructed after 1972 and offered for sale must have a seal from the state
department of administration. All manufactured homes, regardless of year constructed, must be
accompanied by a safety disclosure form, as specified by the state department of administration, when
sold.
(5) Manufactured structures, whether located in a manufactured home park or elsewhere in the city, may
not be located in the floodplain district of the city, unless raised on fill or other acceptable method
above the regulatory flood protection elevation and serviced by a street or driveway constructed in
accordance with section 90-215. All manufactured housing located in the floodplain district must be
securely anchored to an adequate foundation system to resist flotation, collapse, and lateral
movement. This requirement is in addition to applicable anchoring requirements for resisting wind
forces.
(6) In order to provide temporary housing to property owners whose home has been destroyed by fire or
act of nature, and regardless of minimum building dimension requirements, the city council may issue
a permit to place a manufactured home on any residential parcel or lot of land for a period not to
exceed one year. The manufactured home must be owner-occupied, and not leased or let to a second
party. The manufactured home must be connected to a safe drinking water supply and adequate septic
treatment or removal facilities. Portable toilets and sewage holding tanks are not allowed as a
substitute for an operational septic system or connection to a public sanitary sewer. Frost footings
need not be required.
(7) Temporary location of a manufactured home as an accessory use on a lot or parcel of land in the rural
development area for the purpose of providing home-based care of an elderly or seriously ill family
member may be allowed by conditional use permit in the agricultural, rural residential, future urban
services, and long-term agricultural zoning districts. The manufactured home must be owner-occupied
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and not leased or let to a second party. The manufactured home must be connected to a safe drinking
water supply and adequate septic treatment or removal facilities. Porta-potties and sewage holding
tanks are not allowed as a substitute for an operational septic system or connection to a public sanitary
sewer. Frost footings need not be required.
(Prior Code, § 1195-440.1, § 90-243; Ord. No. 2009-434, § 1, 10-5-2009)
Sec. 90-243. Manufacturing.
(a) It is unlawful for any person to construct or operate a manufacturing business, except in conformance with
this chapter.
(b) Wherever possible, all loading and unloading areas shall be located on the side or rear of the building and
screened from view from all adjacent properties and public streets.
(c) Retail sales of products manufactured on site is a permitted accessory use. Such retail sales must be
conducted from within a building, and may occupy an area not exceeding 20 percent of the principal
building.
(d) All vehicle parking, stacking, and circulation, including that of trucks, shall occur on the business site and be
separated from streets and adjoining properties.
(e) Exteriors of all principal and accessory buildings shall be of architecturally enhanced concrete panel,
architecturally enhanced masonry block, exterior insulation and finish system (EIFS), brick, dressed stone, or
glass. Colors shall be neutral or earth tones, except to create a decorative effect, 20 percent of the building
facade (excluding window and door areas from the computation) may be decorated with glazed tile, glass,
plastic, or metal panels, or wood of various colors.
(f) Parapet walls shall be utilized where necessary to completely screen rooftop equipment from ground and
street level view. Rooftop equipment shall be painted to minimize its visual impact.
(g) All roof drainage must be collected and channeled to a public drainage system.
(h) All trash handling areas shall be fenced with materials consistent with the exterior facing materials on the
principal building.
(i) Pylon signs are not permitted. Freestanding monument signs are permitted as an accessory use and shall
complement in color, shape, and material, the exterior of the principal building. Monument signs may not
exceed five feet in height and eight feet in width.
(j) Ground level mechanical units shall be low profile and located to the side or rear of the building.
(k) All utilities shall be constructed underground, and utility meters shall be screened or integrated into the
building structure.
(l) On-site exterior lighting shall be directed down and shielded from adjacent properties and roadways and
shall be operated in accordance with section 90-238. The maximum height of parking lot lighting adjacent to
residential areas shall be 20 feet.
(m) All areas not covered by building, parking, driveways, or impervious storage areas shall be landscaped and
maintained in accordance with section 90-236.
(Prior Code, § 1195-410.1, § 90-240)
Sec. 90-244. Marinas.
(a) The following applies to private marinas not used for commercial purposes:
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(1) It is unlawful for any person to construct or operate a private marina, except in conformance with this
chapter.
(2) Private marinas may provide up to one mooring slip for each 50 feet of shoreline on natural
environment lakes, and one mooring slip for each 25 feet of shoreline on all other lakes, or one
mooring slip per thousand square feet of common area above the ordinary high-water level,
whichever is lower. Private marinas serving a planned unit development may provide one docking or
mooring space for each allowable unit in the first tier of development.
(3) Private marinas may be allowed one boat-launching ramp, including a dock not extending more than
30 feet over the water as measured from the ordinary high-water elevation.
(4) The number of boats maintained on the site may not exceed the number of mooring slips permitted.
(5) Exterior storage is prohibited on the grounds of private marinas.
(6) Off-street parking may be required on site at private marinas.
(7) Use of private marinas for commercial purposes is prohibited.
(b) The following applies to commercial marinas:
(1) It is unlawful for any person to construct or operate a commercial marina except in conformance with
this chapter.
(2) All commercial marinas must have their principal access on a paved public road.
(3) All commercial marinas must provide sanitary facilities and a potable water supply for use by their
patrons.
(4) Commercial marinas may provide up to one mooring slip for each 25 feet of shoreline on natural
environment lakes, and one mooring slip for each 15 feet of shoreline on all other lakes, or one
mooring slip per 600 square feet of property above the ordinary high-water level, whichever is lower.
(5) The number of boats maintained on the site may not exceed the number of mooring slips permitted.
(6) Commercial marinas shall provide off-street parking in accordance with this chapter.
(7) Exterior storage is prohibited on the grounds of commercial marinas.
(Prior Code, § 1195-460.1, § 90-244 & 90-245)
Sec. 90-245. Meat processing facility.
(a) It is unlawful for any person to establish a meat processing facility in the city, except in conformance with the
following requirements:
(1) Meat processing facilities may be allowed only as an accessory use to a meat market as a conditional
use. The meat processing facility shall be located in the same building as a meat market and the floor
area of the meat processing facility shall not exceed the floor area of the meat market.
(2) The applicant must submit a plan showing all staging areas for the temporary storage of carcasses and
disposal of animal remains. Any staging area must be screened by an opaque fence, such that any
animal remains are not visible from surrounding properties.
(3) Animal remains from the meat processing must be disposed of at least on a weekly basis. The city may
require more frequent pickups of the remains if odors become detectable off of the premises. All
animal remains must be kept in a sealed dumpster container with a lid at all times.
(Prior Code, § 1195-465.1, § 90-246)
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Sec. 90-246. Mining and excavation.
(a) It is unlawful for any person to use land for, or to engage directly or indirectly in, mining operations, unless
such person shall first have obtained a permit authorizing such activity from the city council under the
conditions contained in this section.
(b) Mining may not be conducted without a mining permit.
(c) Form of application. Application for a permit for mining operations shall be made in writing to the city
council on forms made available by the city. The application shall include:
(1) The name, address, and phone number of the applicant.
(2) The legal description of the property to be mined.
(3) Proof of the applicant's ownership of the property to be mined.
(4) Proof of a conditional use permit having been issued for the site to allow the mining.
(5) A statement as to the amount and type of material to be removed from the site over the permit
period, and for the expected remaining life of the mine.
(6) A statement as to whether the application includes a request for the manufacturing or processing of
any kind on the site, including, but not limited to, recycling of construction materials, importation of
material to create a final product, use of a rock crusher, etc.
(7) For the first issuance of a mining permit for a site, and each four years thereafter, a topographic survey
of the site and adjacent property within 300 feet, prepared by a registered surveyor. The survey shall
be scaled at no less than one inch equals 100 feet with two-foot contour intervals. As a minimum, the
survey shall show all structures, wetlands, lakes and waterbeds, roads and easements (public and
private), and trees over eight feet in height.
(8) For the first issuance of a mining permit for a site, and each four years thereafter, boring logs showing
groundwater elevations, with one boring required for every five acres to be mined, and no less than
three borings for each separate mining site, spaced so as to evenly cover the site and show a
representative sample of groundwater elevations.
(9) A description of how water used for washing purposes will be impounded and treated on the site.
(10) A reclamation plan meeting the conditions of section 90-36 and showing the land contours and
drainage patterns to be established on the site following cessation of mining operations.
(11) A permit from the watershed district having jurisdiction over the site authorizing the mining.
(12) Processing machinery must meet the same setback requirements from ordinary high-water levels as
designated for structures.
(d) Applications shall be administered in accordance with Section 90-37(a).
(e) The council may approve, approve with conditions, or deny issuance of the permit based upon the following
factors:
(1) A permit shall be issued only if the mining operation or excavation is approved as a conditional use
under this chapter.
(2) Whether, and the extent to which, the mining operation may create any safety risks to surrounding
persons and property, or exacerbate any existing risk.
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(3) Whether, and the extent to which, mining operations may cause any harm to the environment
including, but not limited to, noise, dust, erosion, undue destruction of vegetation, and accumulation
of waste materials or pollutants.
(4) Whether adequate plans have been submitted for restoring the site of the mining operation once the
operation has ceased.
(5) Whether there will be a reasonable follow-on use for the property once the mining operation has
ceased.
(6) Whether there is substantial likelihood that the applicant will be able to comply with the rules,
regulations, and conditions regulating the site.
(f) Processing machinery permitted as part of a mining operation must meet the setback requirements from
public waterbodies found in section 90-137 and 90-138.
(g) Conditional use permits shall not be approved for mining operations that will damage or endanger significant
natural communities, as defined in this chapter.
(h) All mining permit approvals shall be contingent upon the applicant providing the following security to the city
clerk prior to the commencement of mining operations, and in any case, within 30 days following the
permit's approval, or the approval shall be automatically rescinded:
(1) A bond or letter of credit guaranteeing performance under the permit in an amount equal to 125
percent of the city engineer's estimate for the cost of reclamation, or $100,000.00, whichever is
greater. The bond shall be for the benefit of the city only.
(2) A certificate of liability insurance, issued by an insurance company authorized to do business in the
state, insuring the persons conducting mining operations, the city and the city's agents in the sum of
not less than $100,000.00 for injury to one person, $600,000.00 for one accident, and at least
$100,000.00 for property damage, or such other amounts as the city council shall determine.
Termination of the insurance, without adequate replacement, automatically terminates the mining
permit at the date and time the insurance lapses.
(Prior Code, § 1195-470.1, § 90-247)
Sec. 90-247. Motor freight terminal.
(a) It is unlawful for any person to construct, operate, or maintain a motor freight terminal, except in
conformance with this chapter.
(b) Vehicle maintenance activities and fuel-dispensing accessory to a motor freight terminal may be allowed by
conditional use permit.
(c) Exteriors of all principal and accessory buildings shall be of architecturally enhanced concrete panel,
architecturally enhanced masonry block, exterior insulation and finish system (EIFS), brick, dressed stone or
glass. Colors shall be neutral or earth tones except, to create a decorative effect, 20 percent of the building
facade (excluding window and door areas from the computation) may be decorated with glazed tile, glass,
plastic or metal panels, or wood of various colors.
(Prior Code, § 1195-480.1, § 90-248)
Sec. 90-248. Motor vehicles, boat, farm machinery and trailer sales.
(a) It is unlawful for any person to sell or maintain for sale any motor vehicle, boat, farm machinery, or trailer,
except in conformance with this chapter.
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(b) Private individuals may sell to another individual a motor vehicle, boat, farm machinery, or trailer that they
have owned for their personal use, from their own property.
(c) The minimum development standards established below shall be complied with in full prior to the storage or
sale of any motor vehicle, boat, farm machinery, or trailer from any parcel or lot:
(1) Minimum lot width of 150 feet is required, except for a corner lot, where 200 feet of frontage is
required on any state highway or county road.
(2) All sales shall occur on one lot.
(3) Parking areas for the outside storage and sale of vehicles, boats, farm machinery, and trailers, shall be
on impervious surface, either bituminous, concrete, or approved equivalent.
(4) Interior concrete or asphalt curbs shall be constructed within the property to separate driving and
parking areas from landscaped areas. Interior curbs shall be at least six inches in height, except at
approved entrance and exit locations.
(5) All areas of the property not devoted to buildings or parking areas shall be landscaped in accordance
with section 90-236.
(6) Off-street parking shall be provided for customers and employees in accordance with section 90-252 in
addition to those provided for the outside storage and sale of vehicles, boats, farm machinery, and
trailers.
(7) The maximum area permitted for outside storage of motor vehicles, boats, farm machinery, and
trailers, shall not exceed eight square feet of outside storage area to each one square foot of enclosed
area. Each space used as parking for any motor vehicle, boat, farm machinery, or trailer which is for
sale shall not be less than nine feet wide by 18 feet in length.
(d) Display of motor vehicles, boats, farm machinery, and trailers for sale off the property of their owner is
prohibited unless authorized by conditional use permit.
(e) All motor vehicles, boats, farm machinery, and trailers sale uses must be served by public sanitary sewer and
water.
(Prior Code, § 1195-490.1, § 90-249)
Sec. 90-249. Motor vehicle repair business.
(a) It is unlawful for any person to operate a motor vehicle repair business in the city, except in conformance
with this chapter.
(b) A drainage system for the collection of hazardous materials must be installed in conformance with the rules
and regulations of the state pollution control agency.
(c) All of the lots not covered by buildings or impervious surface shall be landscaped in accordance with section
90-236.
(d) Interior concrete curbs shall be constructed within the property separating driving and parking surfaces from
landscaped areas. Interior curbs must be at least six inches in height, except at approved entrance and exit
locations.
(e) No vehicles shall be parked on the premises except those utilized by employees, customers awaiting service,
or as allowed by the conditional use permit. Storage of unlicensed vehicles is prohibited.
(f) Exterior storage shall be limited to items offered for sale on the site. All such items shall be located in
compliance with yard setback requirements and shall be located in containers or on racks or similar
structures designed to display merchandise.
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(g) No boats, recreational vehicles, automobiles, trucks, or other motor vehicles may be displayed for sale on
the site, except as may be authorized by conditional use permit.
(h) All areas utilized for storage and disposal of trash, debris, discarded parts, and similar items shall be fully
screened with materials consistent to those used on the principal building. All structures and grounds shall
be maintained in an orderly, clean, and safe manner.
(j) The following additional requirements applies to major motor vehicle repair businesses:
(1) Servicing of motor freight vehicles and heavy construction equipment; directly related accessory
materials and parts sales for such repair and servicing (not including new or used vehicle sales); and
accessory materials and parts warehousing which is related to and dependent upon such uses shall be
permitted, provided that:
a. All servicing of vehicles and equipment shall occur entirely within the principal structure.
b. To the extent required by state law and regulations, painting shall be conducted in an approved
paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter.
c. Storage and use of all flammable materials, including liquid and rags, shall conform with
applicable provisions of the state fire code.
d. Parking, driveway, and circulation standards and requirements shall be subject to the review and
approval of the city and shall be based upon the specific needs of the operation and shall
accommodate large vehicle equipment and semi-trailer/tractor trucks.
e. The storage of damaged vehicles and vehicle parts and accessory equipment must be completely
inside a principal or accessory building.
f. The sale of products other than those specifically mentioned in this section shall be subject to a
separate conditional use permit.
(Prior Code, § 1195-500.1 & 1195-080.1, § 90-208 & 90-250; Ord. No. 2010-453, § 3, 12-6-2010)
Sec. 90-250. Open or outdoor services, sale and rental.
(a) It is unlawful for any person to operate, or allow to be operated, any outdoor retail sales, except in
conformance with this chapter.
(b) The outdoor use must not take parking spaces as required by section 90-252 for the specified use.
(c) The sales area must be hard-surfaced to control dust.
(d) Seasonal sales are allowed subject to the following conditions:
(1) All seasonal open and outdoor services, sale and rental must apply for a special event permit following
the guidelines in section 90-39.
(2) Seasonal outdoor retail sales shall be allowed for a period of time not to exceed a combined total of
120 days in any 12-month period. Outdoor retail sales shall not occupy an area exceeding ten percent
of a lot's area, and shall meet all yard setback requirements.
(3) Where seasonal outdoor retail sales are conducted in a parking lot, they shall be confined to a defined
area, and not be allowed to obstruct access of emergency vehicles, shall maintain good traffic
circulation, and continue to provide adequate parking for the primary use in accordance with section
90-252. Temporary fencing or other suitable mechanisms shall be used to delineate the sales area and
provide for pedestrian safety.
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(4) Where tents, temporary greenhouses, or similar structures are used to store, and/or display
merchandise, they shall be anchored to provide a wind-load resistance of 40 miles per hour.
(Prior Code, § 1195-620.1, § 90-261; Ord. No. 2010-453, § 3, 12-6-2010; Ord. No. 2015-470, 5-4-2015)
Sec. 90-251. Outdoor display of merchandise for sale.
(a) It is unlawful for any person to operate, or allow to be operated, any outdoor display of merchandise for sale,
except in conformance with this chapter.
(b) An outdoor display area shall involve items for sale by a business in a permanent structure, enclosure, or
designated area on the same site from which the business is operated.
(c) Sidewalk displays on private sidewalks are prohibited.
Sec. 90-252. Parking and loading.
(a) It is unlawful for any person to construct any building or facility, or to use a property, unless such property
shall have adequate parking, loading, driveway, and access road facilities, as required in this section. It is
unlawful for any person to construct any parking area, loading area, driveway or access road, except in
conformance with this chapter.
(b) The regulations of parking and loading in this section are to alleviate or prevent congestion of the public
right-of-way and to promote the safety and general welfare of the of the public by establishing minimum
requirements for parking and loading of motor vehicles upon various parcels of land and for structures.
(c) General standards.
(1) Parking areas for five or more vehicles must be approved by the city engineer prior to construction.
(2) Back of curb of all parking areas shall meet the following setbacks:
Public right-of-way 10 feet
Residentially zoned property 10 feet
All other property lines 5 feet
(3) No parking areas shall be constructed on a public road right-of-way or drainage and utility easement
without approval of the city council.
(4) Curb cut and driveway access locations.
a. Driveway access to parking areas shall comply with section 90-215, except that no parking
entrance may be located within 60 feet of the intersection of two public streets.
b. Curb cuts on state highways and county roads shall meet the requirement of the permitting
agency.
c. Accesses to a property shall be minimized to amount needed to allow proper circulation on the
site. As a minimum, each parcel of land shall be allowed one curb cut on a city street; otherwise,
one curb cut shall be allowed for each 150 feet of road frontage on a city collector street, and
one curb cut for each 125 feet of frontage on all other city streets. Credit for fractions of the
required frontage shall not be granted. In no case shall the separations be less than outlined
above, unless unique circumstances are present and are reviewed and approved by the
community development director or designee.
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(d) Design standards.
(1) Minimum requirements.
a. Parking spaces designated for handicapped parking shall meet the requirements of the
Americans with Disabilities Act.
b. Parking areas shall be constructed to meet the minimum dimensional requirements found in the
following table:
Angle of
Parking
Stall Width Stall Depth Aisle Width
One-way Two-way
90 degree 9 feet 18 feet N/A 24 feet
60 degree 9 feet 17 feet 18 feet 24 feet
Parallel 8 feet 23 feet 18 feet 24 feet
c. Angled parking not listed in the table above shall be reviewed and approved by the city engineer.
d. Except for single-family and multi-family housing, parking areas shall be constructed so that the
circulation between bays and/or aisles occurs within the parking areas, and does not encroach on
any public street or road right-of-way. Dead end aisles are discouraged, but if used shall be
provided with an unencumbered area at the end to facilitate vehicle turning movement.
e. Except in the agricultural, long-term agricultural, future urban service, and rural residential
zoning districts, all parking shall be paved with bituminous, concrete, pavers, or other approved
dustless and erosion-resistant material. Positive drainage control through the use of curb, gutter,
storm sewer, or approved means shall channel all stormwater from the parking areas into a
public stormwater drainage system. Treatment of stormwater runoff shall comply with national
urban runoff protection standards prior to discharge into the public stormwater drainage system,
unless the property is serviced by a regional treatment system.
f. Except for single-family and townhomes, all off-street parking areas shall have a continuous
concrete perimeter curb around the entire parking lot.
g. Except for single-family and townhomes, all parking stalls shall be delineated by white or yellow
painted lines at least four inches in width.
h. The grade elevation of any parking area or driveway shall not exceed ten percent. Other grade
elevations shall be reviewed and approved by the city engineer.
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i. Adequate snow storage space shall be provided to maintain the minimum number of parking
spaces in the winter months. If excessive snow cannot be stored on site, while maintaining the
minimum number of parking spaces required, the property owner shall remove the snow from
the site.
j. Driveway turnarounds may be required by the city engineer, where necessary, to avoid
interference with traffic flow on any public street.
k. Parking ramps and related facilities may be exempted from the strict provisions of this section if
approved by the city engineer.
(2) Landscaping.
a. All open, off-street parking areas of five or more spaces shall be landscaped in accordance with
section 90-236.
(3) Lighting.
a. Exterior lighting shall be directed down and shielded (downcast cut-off fixture) from adjacent
properties and roadways and shall be in accordance with section 90-238.
b. The maximum height of parking lot lighting adjacent to or within residential areas shall be 20
feet.
(e) Number of spaces required.
(1) In calculating parking space requirements, the following rules shall apply:
a. When determining the number of off-street parking spaces results in a fraction, each fraction
shall constitute another space.
b. In facilities where patrons or spectators occupy benches, pews, or similar seating facilities, each
24 inches of such seating facilities shall be counted as one seat for the purposes of determining
parking requirements.
c. For structures containing two or more types of uses, the parking requirements shall be
determined independently, and combined to determine the total off-street parking spaces
required.
d. On-street parking shall not be used when calculating the number of parking spaces required for a
use, unless approved by the city council.
(2) The minimum number of parking spaces designated in the following table shall be provided for the use
specified, unless the property is part of a shared parking system or a variance is granted by the city
council. Fractions over one-half shall be counted as one additional space. The parking spaces shall be
evaluated in accordance with this section in any zoning district whenever a new use is established or
existing use is enlarged and approved by the community development director or designee, to
determine if parking constraints will require additional parking spaces.
Use Parking Spaces per Use
* Gross floor area
Retail sales businesses,
Convenience stores and gas stations
Personal and professional services, excluding clinics
and office buildings
Commercial daycares
1 parking space per each 250 square feet of gross floor
area
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Restaurants and other seating venues, including,
public facilities for gathering, theaters, civic centers,
auditoriums, stadiums, and arenas
1 parking space per 3 seats, based on capacity design
per building code requirements.
Places of worship
Public and private clubs
1 space for every 3 seats plus 1 space per 200 square
feet of floor space not dedicated to seating.
Manufacturing, processing, or
fabricating facility
1 parking space per 500 square feet of gross floor
area.
Warehousing and wholesale business 1 parking space per 1,500 square feet of gross floor
area.
Motels, hotels and resorts 1 parking space per lodging unit.
Office buildings, veterinary clinics, medical clinics, and
dental clinics
1 parking space per 200 square feet
Schools:
Elementary and junior high 1 space per class room plus 1 parking space for each
100 students based on capacity. Auditoriums and
special events space shall be calculated separately.
High school, technical, college and university 1 space per class room plus 1 parking space for each 4
students based on capacity. Auditoriums and special
events space shall be calculated separately.
Hospitals 1 space for each 3 beds and 1 space for each staff
person
Senior housing: 1 space for each employee, in addition to calculation
below:
Independent 1 parking space per unit, plus 1 parking space per 10
units
Assisted living 1 parking space per 5 units
Memory care 1 parking space per 5 units
Single and multi-family housing 2 per housing unit plus 1 space per 5 units in
apartment or townhouse complex.
(3) Any use not in the parking requirements in this section shall be assigned a parking requirement by the
community development director or designee.
(4) A portion of the parking area required under this section may remain unimproved until such time as
the city council deems that it must be improved to adequately serve the parking demand. Such delayed
construction of parking may be permitted only after the city council is satisfied that the initial
occupancy of the premises will be adequately served by the lesser number of parking spaces and only
after approval of a final development plan clearly indicating the location, design, traffic circulation, and
other development requirements of the deferred parking. The land area shall be delineated for future
parking and shall be brought to finish grade and landscaped, and shall not be used for building, storage,
loading or other purposes.
a. The applicant shall enter into a development agreement or other agreement approved by the city
council, to be recorded against the property, which includes a clause requiring the owner to
install the additional parking spaces, upon a finding of the community development director or
designee that such additional parking spaces are necessary to accommodate the use.
(5) Parking facilities for a combination of buildings, structures, or uses may be provided collectively in any
zoning district provided that the total number of spaces provided shall equal the sum of the separate
requirements of each use. A lesser number of parking spaces than required for each use may be
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allowed with approval by the community development director or designee, provided that each use is
compatible in regards to peak parking periods. Shared curb cuts and access drives shall be encouraged.
Where shared parking and accesses are utilized, easements and maintenance agreements shall be
placed on the shared areas and recorded against the properties.
(f) Shoreland district.
(1) Within the shoreland district of the city, parking areas, driveways, access roads and loading areas shall
meet the following:
a. Design and construction shall make use of existing natural vegetation and topography to screen
such facilities from view of the public waterbody, as much as feasible.
b. Setback from the ordinary high-water level (OHWL) to the same extent required for structures in
section 90-137(1).
c. Constructed to avoid bluff impact zones and shore impact zones.
(g) Prohibited parking.
(1) Parking restrictions for vehicles and trailers.
a. In order to expedite the prompt and efficient removal of snow from the streets of the city, it is
unlawful for any person to stop, stand or park any vehicle or trailer or permit the same to stand
on any street within the city between the hours of 2:00 a.m. and 7:00 a.m. from November 1
until March 31 of the following year. At all times of the year it is unlawful for any person to stop,
stand or park any vehicle or trailer or permit it to stand on any public street within the city
between the hours of 2:00 a.m. and 7:00 a.m. after a continuous or intermittent snowfall, during
which there has been an accumulation of two inches or more of snow on any street, until the
snow has been plowed or removed to the full width of the street.
b. No person shall park any vehicle on any street within the city for an excess of 72 hours.
c. Parking of trailers is prohibited on all public streets, except while being loaded or unloaded for a
cumulative period not to exceed 24 hours during any seven-day period.
d. For the purposes of the time limitations outlined in subsection (c) of this ordinance section, any
trailer moved a distance of three-tenths of a mile or less during the seven-day period shall be
deemed to have remained parked.
e. Vehicles and trailers may be parked in the front yard, provided it is kept on an established
driveway, and is entirely on the equipment owner's property.
f. Within any residential zoning district, parking of any vehicle or trailer exceeding 9,200 pounds
licensed gross vehicle weight on any property or public street is prohibited, except under the
following conditions:
1. Vehicles lawfully delivering goods, products, or services to a property may be parked for a
reasonable period of time on the property or adjacent street to deliver such goods,
products or services.
2. Vehicles used in construction activities may be parked or stored on the site of such
construction activities for a reasonable period of time to complete the work. Parking of
these vehicles on a city street is allowed only by permit issued by the city engineer.
3. Vehicles primarily used in the conduct of agricultural activities may be parked on the
property where the agricultural activities are undertaken, or the farmstead of the vehicle
owner.
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g. Any vehicle parked in violation of these sections more than two times in any 30-day period may
be towed pursuant to Minn. Stat. § 169.041. Violation of this section shall constitute a petty
misdemeanor with a fine of $50.00.
(2) Large recreational vehicles as defined under section 90-1.
a. Except for on properties zoned agricultural, long-term agricultural, rural residential or future
urban service, all lakeshore property, and all properties at least one acre in size, large
recreational equipment units shall be parked or stored within a building, except that large
recreational equipment may be parked or stored on the property outside of a building under the
following conditions:
1. No more than two large recreational equipment units shall be parked or stored outside of a
building on the property, with not more than one unit being located in the front yard and
no more than one unit being located in the rear yard.
2. For properties exceeding one-half acre in size, no more than three large recreational
equipment units shall be parked or stored outside of a building on the property, with not
more than one unit being located in the front yard and no more than two unit being
located in the rear yard.
3. Large recreational equipment may be parked in the front yard, provided it is kept on an
established driveway, and is entirely on the equipment owner's property. Recreational
equipment shall not be parked or stored on public property, in a street right-of-way, or
closer than 30 feet from the curb, except that between one week before Memorial Day and
one week after Labor Day recreational equipment may be parked no closer than ten feet
from the curb.
4. Large recreational equipment may be parked in the side yard abutting an attached or
detached garage, provided the area is surfaced with asphalt, concrete, or crushed
decorative rock. If the area is surfaced with asphalt or concrete, the surface shall be no
closer than five feet from the side lot line. If the area is surfaced with decorative crushed
rock, the surface shall be no closer than one foot from the side lot line. Parking or storage
of large recreational equipment on the side yard abutting the principal building is
prohibited.
5. Large recreational equipment may be parked in the rear yard, no closer than five feet from
the rear lot line, five feet from the side lot lines, and not located within a drainage or utility
easement.
6. In the case of a corner lot, large recreational equipment may be stored on the side of an
attached or detached garage adjacent to a public street, but shall be located at least 20
feet from the public right-of-way.
7. Large recreational equipment may be parked or stored temporarily while being loaded or
unloaded or during routine maintenance and servicing not exceeding 72 hours.
8. Parking of licensed large recreational equipment is prohibited on all public streets except
while being loaded or unloaded for a period not to exceed 24 hours.
9. The community development director or his designee may approve an alternate location
for an item that does not meet the technical restrictions set forth in this section but that
otherwise complies with the intent of this section. Such approval may be accompanied by a
screening plan designed to minimize the impact to the surrounding properties.
(h) Commercial or public garages and ramps.
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(1) It is unlawful for any person to construct, operate, or maintain a commercial garage in the city, except
in conformance with this chapter.
(2) Commercial garages used only for the temporary parking of automobiles and light trucks for people
employed or conducting business in nearby buildings may be allowed as an accessory use in the
general business zoning district.
(Prior Code, § 1195-290.1, § 1195-530.1, § 90-229 (Garages, commercial) & 90-253; Ord. No. 2010-453, § 3, 12-6-
2010; Ord. No. 2015-470, § 3, 5-4-2015; Ord. No. 2017-483, § 3, 6-5-2017; Ord. No. 2021-504, § 1, 3-1-2021; Ord.
No. 2025-542, 4-7-2025)
Sec. 90-253. Places of assembly.
(a) It is unlawful for any person to construct, operate, or maintain a place of assembly, which includes public,
educational, private club, or religious facility, except in conformance with this chapter.
(b) Approval or denial of proposed development plans for place of assembly shall be based upon the following:
(1) The capability of the site to accommodate the building, parking and drives with appropriate open
space, and safe and easy ingress and egress, with direct access to a state highway, county road, city
collector street, or intersection of two collector streets. Access shall be prohibited on local residential
streets.
(2) A traffic management plan shall be submitted for approval by the Community Development Director
or designee.
(3) The building and site plan shall be compatible with the surrounding area.
(4) The building shall comply with the commercial and industrial construction standards in accordance
with section 90-268.
(5) The development shall comply with the height and area requirements outlined in the underlying
zoning district.
(6) If the building is located within a residentially zoned district and totals 20,000 square feet or more in
size, transitions will be required. These transitions may include:
a. Increased setbacks up to 50 feet from property lines.
b. Creation of a landscape buffer that may include features such as berms, evergreen trees, and
fencing. The landscaping shall be in accordance with section 90-236.
c. Traffic and high activity areas shall be oriented away from residential property lines.
(c) Nothing in this chapter shall prohibit the use or establishment of a chapel or place of prayer in any building,
for use by people living or working in the building, so long as the use is clearly incidental to the principal use
of the building.
(d) Nothing in this chapter shall prohibit the home-based schooling of residents on their own property.
(Prior Code, § 90-254 (Places of worship) & 90-260 (Schools))
Sec. 90-254. Plant nurseries.
(a) It is unlawful for any person to construct, operate, or maintain a retail or wholesale plant nursery, except in
conformance with this chapter.
(b) The following applies to wholesale plant nurseries:
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(1) It is unlawful for any person to construct, operate, or maintain a wholesale plant nursery, except in
conformance with this chapter.
(2) The import, storage, processing, and distribution of plant materials grown off site may be allowed.
(3) Wholesale plant nurseries are subject to the following conditions and standards:
a. The city council may require a greater front yard setback in order to ensure that the proposed
greenhouse structures are compatible with the city's comprehensive plan and adjacent land uses.
b. Adequate parking and truck loading and maneuvering areas shall be provided on the site.
c. On-site storage and use of pesticides and fertilizers shall meet the standards of the state
department of agriculture. A chemical storage plan shall be provided to the zoning administrator
at the time of application for a conditional use permit to provide the city with the location, type,
amount, and storage method of pesticides, chemicals, and fertilizers kept on the site.
d. Operation of a landscaping business is not incidental to operation of a wholesale plant nursery,
and only equipment and machinery actively used and maintained for the principal purpose of
cultivating plants grown on site, or as allowed by the principal use of the property, may be stored
or maintained on the site of a plant nursery.
e. It is the intent of this section to allow landscaping plants, shrubs, trees, etc., to be grown as an
agricultural activity.
(c) The following applies to non-wholesale, or retail plant nursery retail:
(1) It is unlawful for any person to construct, operate, or maintain a retail plant nursery, except in
conformance with this chapter.
(2) Retail sales of the plants grown on-site are permitted, except that retail sales in the agricultural zoning
district will be allowed only if the principal road access to the site is a minor expander, minor
connector, or a major or minor collector.
(3) Retail sales of materials brought in from off-site may be allowed.
(Prior Code, § 1195-560.1, § 90-255 & 90-256; Ord. No. 2015-470, § 3, 5-4-2015)
Sec. 90-255. Recycling centers.
(a) It is unlawful for any person to construct, operate, or maintain a recycling center, except in conformance
with this chapter.
(b) All waste storage and recycling materials shall be maintained in a clean and sanitary condition, fenced or
enclosed, and screened from adjacent properties and public rights-of-way. Waste matter, rubbish, refuse
and recyclable materials shall be stored in a building, in a container with a lid or cover, or contained and
screened in a way approved by the city which is sufficient to mitigate visual and noise impacts. In the case
where the materials are stored in a building or contained in a way approved by the city, it shall be stored
upon an impervious surface. All materials shall be contained and stored in a method shown on a site plan
approved by the City and shall not otherwise accumulate loose on the property. The property shall be kept
free of vermin and rodents.
(Prior Code, § 1195-570.1, § 90-257; Ord. No. 2015-472, § 1, 9-8-2015)
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Sec. 90-256. Residential facilities.
(a) It is unlawful for any person to construct or operate a residential facility, except in accordance with this
chapter.
(b) A residential facility must adhere to the following requirements:
(1) Residential facilities must be licensed by the state and/or county, where required.
(2) Residential facilities located in a single-family housing district must have an appearance similar in size,
scale, color, roofline, and materials as other homes in the zoning district.
(3) No residential facility shall provide accommodations to any person whose tenancy constitutes a direct
threat to the health and safety of other individuals. No residential facility shall accept court-ordered
referrals for treatment instead of incarceration without adequate physical security measures in place
and approved by the county sheriff.
(4) Adequate off-street parking shall be provided in accordance with section 90-252.
(5) Adequate utilities, including sewage disposal, must be available.
(6) Residential facilities must be in compliance with the standards found in Minn. Stat. §462, as may be
amended, for location and proximity to other residential facilities.
(7) Residential facilities shall be landscaped to the same standards as other uses in the zoning district
where it is located in accordance with section 90-236.
(Prior Code, § 1195-180.1, § 90-218 (Community residence))
Sec. 90-257. Self-service storage facilities.
(a) It is unlawful for any person to construct, operate, or maintain a self-service storage facility, except in
conformance with this chapter.
(b) Self-service storage facilities shall be on parcels of land two acres or more in size.
(c) Units are to be used for dead storage only. Units are not to be used for retailing, auto repair, human
habitation, or any commercial activity, except as permitted by section 90-250.
(d) Combining office and/or retail space with a self-service storage facility may be allowed by conditional use
permit.
(e) Storage of hazardous or flammable materials is prohibited.
(f) No exterior storage is allowed.
(g) The facility shall be secured by either the walls of the structure and/or fencing. All doors on the units shall
face inward and away from the street and property lines.
(h) Only one entrance and exit to the facility is allowed for general public use. One additional emergency exit is
allowed for each two acres of property.
(i) An on-site manager is allowed only where adequate sanitary facilities are provided through connection to
the public sanitary sewer system. Use of portable sanitary facilities does not fulfill this requirement.
(Prior Code, § 1195-630.1, § 90-262)
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Sec. 90-258. Sexually oriented businesses.
(a) It is unlawful for any person to produce, sell, stock, or provide sexually oriented materials or services, except
in conformance with this chapter.
(b) In no instance will a sexually oriented business be considered a home occupation.
(c) Performance standards:
(1) No sexually oriented use may be located within 300 feet of any church, synagogue, or other place set
aside for communal worship or prayer.
(2) No sexually oriented use may be located within 300 feet of any elementary, grammar, or secondary
school, or any childcare center.
(3) No sexually oriented use may be located within 300 feet of any public library.
(4) No sexually oriented principal use may be located within 300 feet of another sexually oriented principal
use.
(5) No sexually oriented use may be located within 300 feet of any public park.
(6) Sexually explicit material may not be displayed or stored in such a manner that it may be seen at any
time from any public sidewalk, roadway, or easement, or from any property not under the immediate
control of the business operator or owner.
(7) No vulgar or obscene language, picture, or character may be used on any sign or advertisement for a
sexually oriented use.
(8) No sexually oriented use may be conducted in conjunction with the sale or consumption of alcohol.
(9) A sign shall be displayed at all entrances to stores or areas where sexually oriented materials are
available for sale or view, and within two feet of door openings, stating, "This business sells or displays
material containing sexually oriented themes. Persons under 18 years of age shall not enter."
(Prior Code, § 1195-640.1, § 90-263)
State law reference(s)—Sexually oriented businesses, Minn. Stat. § 617.242.
Sec. 90-259. Short-term rentals.
(a) It shall be unlawful for any person or entity to offer for rent, or enter into a rental agreement, a dwelling
unit, or any other portion of their property, as a short-term rental in any zoning district within the city. State-
licensed hotels, motels, and lodging establishments located in areas where expressly permitted by the city's
land use regulations are allowed, subject to all applicable law and rules.
(Prior Code, § 90-264; Ord. No. 2021-508, § 1, 9-20-2021)
Sec. 90-260. Signs.
(a) Purpose/intent. It is unlawful for any person to construct, erect, install, or maintain any sign in the city,
except in conformance with this section. The intent of this ordinance is to create the framework for a
comprehensive and balanced system of sign regulations to facilitate easy and pleasant communication
between people and their environment and to avoid the visual clutter that is potentially harmful to traffic
and pedestrian safety, property values, business opportunities and community appearance. With these
purposes in mind, it is the intent of this ordinance to authorize signs which are:
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(1) Compatible with their surroundings;
(2) Appropriate to the activity that displays them;
(3) Expressive of the identity of the individual activities and the community as a whole;
(4) Legible in the circumstances in which they are seen; and
(5) Of quality design and construction.
It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it
the purpose or intent of this article to regulate any building design or any display not defined as a sign, or
any sign which cannot be viewed from outside a building.
(b) General standards.
(1) Sign area will be calculated as the area of a single rectangle containing the entire sign message and
does not include the sign supports and brackets.
(2) All signs and sign structures shall be of sound structural quality, be maintained in good repair and have
a clean and neat appearance. Land adjacent to such sign shall be free from debris, weeds and trash.
The community development director may deem a sign to be a public hazard or nuisance if it is not
maintained as described. Such sign shall be ordered to be repaired or removed.
(3) The owner of any sign which is otherwise allowed by this sign ordinance may substitute noncommercial
copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made
without any additional approval or permitting. The purpose of this provision is to prevent any
inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular
noncommercial message over any other noncommercial message. This provision prevails over any
more specific provision to the contrary.
(4) The city has the right to remove and discard any signs in the public right-of-way, without notice or
compensation.
(5) All new multi-tenant buildings, buildings that include sub-tenants, and shopping centers, are required
to have development sign criteria approved by the community development director or his or her
designee prior to erecting any signs. The development sign criteria must specify the type, material, size,
design, location, and colors of signs to be permitted on the building and must ensure consistency of
format throughout the project. Development sign criteria will allow the development to have flexibility
from the sign ordinance. Each sign erected on the property must conform to the development sign
criteria.
(6) Except as otherwise provided in this chapter, no sign shall be installed until a sign permit has been
approved by the city.
(c) Signs allowed without a permit.
(1) Traffic signs as approved by the public works director.
(2) Public signs as approved by the City of Hugo.
(3) Window signs.
(4) Vehicle signs.
(5) The flags of any nation, state, municipality, US military service, or veterans organizations chartered by
Congress.
(6) Safety notices and warnings.
(7) Signs identifying buildings listed on the national historic building register.
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(8) Holiday decorations in their season.
(9) No hunting, no trapping, no fishing, no trespassing, and similar signs erected in accordance with
Minnesota State Statutes.
(10) Signs erected under the direction of a city ordinance, state or federal law, or court order.
(11) Signs that are customarily associated with residential and agricultural uses, limited to signs giving
property identification names and numbers, name of residents, signs on mail boxes or newspaper
tubes, signs identifying membership in an association, signs posted on private property relating to
private parking, signs that warn the public against trespassing or danger from animals, and all other
similar noncommercial signs are allowed subject to the following regulations:
a. On residential properties less than five acres in size, the signs shall not exceed four square feet in
size.
b. On agricultural properties and residential properties of five acres or more, the signs shall not
exceed 12 square feet in size.
(12) Signs in an agricultural district used for advertising of products or services permitted in agricultural
zoning districts.
(13) Manufacturer's identification or logo that is permanently affixed to and is designed as an integral part
of a product made by the identified manufacturer.
(14) Political signs on private property. The signs may be posted from August 1 in any general election year
and removed within ten days following the general election, and 13 weeks prior to any special election
until ten days following the special election. Signs can be of any number and any size. There shall be
approval from the property owner of which the signs are erected prior to display. No sign shall be
located in the public right-of-way. No sign shall cause a sight distance problem. No political signs shall
be affixed to utility poles.
(15) Garage sale and open house signs no larger than four square feet that state that a particular home,
commercial, industrial, or public institutional structure will be open for public inspection for a limited
number of hours on a specific day. The signs shall only be allowed on the same day of the garage sale
or open house and only during the garage sale or open house.
(16) Temporary on-site real estate and construction signs are allowed subject to the following regulations:
Residential properties less than five acres in size:
a. One sign per property is allowed per contractor.
b. Signs are allowed up to six square feet in area and six feet maximum height.
c. Signs shall be removed upon sale or lease of the property or completion of construction
project.
d. Signs shall be at least ten feet from the curb or shoulder of the road.
Commercial, industrial, or residential properties of five acres or more:
a. One sign per property is allowed per contractor.
b. Signs are allowed up to 32 square feet in area and eight feet maximum height.
c. Signs shall be removed upon sale or lease of the property or completion of construction
project.
d. Signs shall be at least ten feet from the curb or shoulder of the road.
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(d) Performance standards.
(1) Wall signs. Each wall sign shall be compatible with the architecture of the building on which it is
located. Wall signs are meant to enhance the appearance of the building and not detract from the
building. Wall signs are prohibited on unarticulated walls or walls not intended for a sign. Wall signs are
prohibited for residential uses.
a. Single-tenant buildings. For single-tenant buildings, wall signs are permitted on the front, side, or
rear of the building, up to one wall sign per façade. The signs shall only be located on façades
that include a public entrance and/or the façades that are visible from a public road. Wall signs
may cover a maximum of ten percent of the gross wall area of the building wall of which the sign
is affixed to, including doors and windows. No sign shall extend above the top of the wall.
b. Multi-tenant buildings. For multi-tenant buildings, including shopping centers, wall signs are
permitted on the front, side, or rear of the building, up to one wall sign per tenant per façade.
The signs shall only be located at the main entrances of the tenant space and/or the façades of
the tenant spaces that are visible from a public road. Wall signs may cover a maximum of ten
percent of the building wall area of the tenant space of which the sign is to be affixed to,
including doors and windows. Tenant signs shall have a consistent display format and be
constructed of the same material. No sign shall extend above the top of the wall. All signs shall
comply with development sign criteria.
c. Buildings with sub-tenants. Where one retail establishment (the "sub-tenant") leases space and
conducts business within another retail establishment (the "primary-tenant") but does not have
an exterior business façade and an exterior door leading directly to the sub-tenant space, one
exterior wall sign may be permitted if the following conditions are met:
1. The sub-tenant's business establishment occupies at least 200 square feet of floor area,
and is staffed and open for business during predetermined hours.
2. The primary tenant's business establishment occupies at least 25,000 square feet of floor
area.
3. The sub-tenant's business is a separate legal entity from the primary tenant's business, as
opposed to a department, division or subsidiary of the primary tenant's business.
4. Development sign criteria for the building has been approved by the community
development director or his or her designee.
5. The total area for all signs on the same façade does not exceed the allowable signage area
for that district.
d. Pedestrian oriented signage. These signs shall be limited to projecting signs and hanging signs.
For buildings with sidewalks along one or more sides of the building, a sign may be hung from
under the covered walkway or mounted to the building identifying the business. Such sign shall
be located at the entrance of the business it is identifying and shall not exceed five square feet.
One sign shall be permitted per tenant space. The lowest point of the sign shall be at a minimum
of seven feet above the sidewalk and no sign shall extend above the top of the wall.
e. Canopy signs. Signs located on the canopies of gas stations or other businesses shall be
considered wall signs. The canopy shall be considered a part of the building and shall be
regulated as part of the building.
(2) Freestanding signs.
a. Monument signs in residential districts. Monument signs are permitted for residential
subdivisions and multi-family developments of nine or more units. Where the development is
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located on both sides of the public street or private driveway, one monument sign may be
located on each side of the street or driveway, or alternatively one monument sign may be
located within a landscaped median within the center of the street or driveway. Where a
monument sign is to be located within the public right-of-way, plans shall be approved by the city
council showing the location, size, and design of the sign, as well as any required maintenance
and hold harmless agreements. Monument signs shall be a maximum of 32 square feet per face.
Said sign shall be a maximum of six feet in height, measured from the grade of the ground, and
shall be setback at least ten feet from all property lines and five feet from the right-of-way. The
sign shall be designed to be architecturally compatible with the project, and shall be within a
landscaped area extending at least three feet around the base of the sign.
b. Monument signs for nonresidential uses in residential districts and agricultural districts. One
monument sign shall be allowed for nonresidential uses in residential districts. Monument signs
shall be a maximum of 32 square feet per face. The monument sign shall be a maximum height of
six feet, measured at the grade of the ground, and shall be setback at least ten feet from all
property lines and five feet from the right-of-way. The sign shall be designed to be architecturally
compatible with the project, and shall be located within a landscaped area extending at least
three feet around the base of the sign.
c. Single-tenant monument signs. One monument sign shall be allowed for single-tenant
commercial or industrial buildings, which are not part of a shopping center. The monument sign
shall be a maximum of 40 square feet per face. The monument sign shall be a maximum height of
ten feet, measured at the grade of the ground, and shall be setback at least ten feet from all
property lines and five feet from the right-of-way. The sign shall be designed to be architecturally
compatible with the project, and shall be located within a landscaped area extending at least
three feet around the base of the sign.
d. Multi-tenant monument signs. One monument sign shall be allowed for multi-tenant
commercial or industrial buildings, which are not part of a shopping center. The monument sign
shall be a maximum of 40 square feet per face. The monument sign shall be a maximum height of
ten feet, measured at the grade of the ground, and shall be setback at least ten feet from all
property lines and five feet from the right-of-way. The sign shall be designed to be architecturally
compatible with the project, and shall be located within a landscaped area extending at least
three feet around the base of the sign.
e. Shopping center monument signs.
1. All shopping centers shall have development sign criteria approved by the community
development director.
2. One monument sign shall be allowed for commercial shopping centers along each public
street frontage on the perimeter of the project. The monument sign shall be a maximum of
100 square feet per face. The monument sign shall be a maximum height of 20 feet,
measured at the grade of the ground, and shall be setback at least ten feet from all
property lines and five feet from the right-of-way. The sign shall be designed to be
architecturally compatible with the project, and shall be located within a landscaped area
extending at least three feet around the base of the sign. All tenants may be presented on
the monument sign.
3. In addition to the above, a gas station, designed as part of the shopping center is permitted
one monument sign with a maximum of 50 square feet per face. The monument sign shall
be a maximum height of 20 feet and shall meet all design regulations outlined above.
f. Pylon signs. Pylon signs are allowed with a conditional use permit, with a planned unit
development, or as part of development sign criteria. One pylon sign is allowed in lieu of a
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monument sign and shall follow the same restrictions as monument signs. The design of the
pylon sign shall be architecturally compatible with the building.
(3) Miscellaneous signs. A permit is required for all the following signs:
a. Temporary off-site directional signs. Signs such as to direct traffic to residential developments
may be approved by administrative permit if the following conditions are met:
1. The development does not have frontage on an arterial road.
2. Each development is limited to one sign.
3. The sign shall be removed when 90 percent of the lots are purchased.
4. The sign shall be limited to 32 square feet and eight feet in height.
5. There shall be permission from the property owner where the sign is located.
b. Directional signs. One directional sign shall be permitted at each entrance to a building site, at
key intersections within the site and at each entrance to a drive-through facility. Ground
mounted signs shall not exceed five feet in height, four square feet of sign area per face, and may
be single or double-faced. Wall mounted signs shall not exceed four square feet of sign area, shall
be single-faced and may be located adjacent to drive-up windows, loading docks or service
entrances. Such sign may indicate entrances, exits, addresses, direction of traffic flow, and the
location of loading docks, parking areas, leasing offices, ATM's, delivery doors, drive-through
lanes and similar facilities. Up to 25 percent of the area of the sign may be used to display the
name or logo of the developer, building, project name or principal tenant.
c. Electronic display signs. Electronic message display boards are allowed within monument signs in
any commercial district. The electronic display sign shall be a maximum of 40 percent of the
monument sign. Electronic display signs that pulse or flash are prohibited.
d. Special event signs. One special event sign and attention attracting device is allowed per
business for not more than 90 calendar days per year. The sign and device may be attached to
the building or located on the premises where the event is occurring and shall be taken down
after the event or sale is over. A special event sign permit shall be issued and approved by the
community development director or his or her designee prior to the installation of a special event
sign.
e. Menu boards. Businesses providing a drive-through or drive-in service are allowed either a menu
board wall sign or a freestanding menu board sign. Each business shall be allowed either one wall
menu board sign or freestanding menu board sign per drive-thru lane or per drive-in station. The
wall menu board shall be next to the pick-up window and shall be a maximum of eight square
feet in size. The freestanding menu board shall be located on the property at least ten feet from
the right-of-way. The freestanding menu board shall be a maximum height of eight feet and a
maximum of 32 square feet in size.
f. Flag signs. One flag sign is permitted in conjunction with at least two governmental flags,
provided the flag sign does not exceed the size of the governmental flags.
(e) Prohibited signs.
(1) Internally lit box signs.
(2) Pylon signs, except as allowed by a conditional use permit, with a planned unit development, or as part
of development sign criteria.
(3) Awning signs.
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(4) Exposed neon tubes.
(5) Sign raceways.
(6) Ply wood signs, except temporary signs allowed by this section.
(7) Painted signs on flat sign board or painted directly on a building.
(8) Advertising signs.
(9) Video display signs.
(10) Signs projected onto a building or surface from a projector.
(11) Abandoned signs.
(12) Signs that contain offensive, obscene, or indecent symbols, pictures, or written materials.
(13) Signs that by reason of position, shape, movement, color, or other fashion resemble, or interfere with,
the proper functioning of a traffic sign or signal, or otherwise constitute a traffic hazard.
(14) Signs with flashing lights, intermittent lights, and revolving beacons.
(15) Signs that block the view of driveway or street intersections in such a manner as to pose a safety
hazard.
(16) Private signs on a public right-of-way or easement are prohibited.
(17) Signs purporting to be a street name sign, unless approved by the public works director.
(18) Signs painted on or directly affixed to any tree, rock, ledge, or other natural feature.
(19) Signs painted on or directly affixed to any fence or utility pole.
(20) Signs, any part of which extends above the height of the roof or parapets of the principal building on
the site.
(21) Signs painted and/ or mounted on the roof of any building or structure.
(22) Signs bearing misleading or false information or information inconsistent with the zoning or other
regulations.
(23) Attention attracting devices.
(f) Nonconforming signs. It is recognized that signs exist within the zoning districts which were lawful before
this sign ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this
chapter or future amendments. Nonconforming signs shall not be enlarged upon, expanded or extended, nor
be used as grounds for adding other signs or uses prohibited elsewhere in the same district. Legal
nonconforming signs existing on the effective date of this sign ordinance, or amendments thereto, may
continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly,
and have not been abandoned or removed subject to the following provisions. This shall not prevent minor
maintenance and repair that is less than 50 percent of the fair market value of the sign, the re-facing of signs
where the type of business has not changed, or the keeping of painted signs in a neat and readable manner.
(1) No sign shall be enlarged or altered in a way which increases its nonconformity.
(2) Should such sign or sign structure be destroyed by any means to an extent greater than 50 percent of
its replacement cost and no sign permit has been applied for within 180 days of when the property was
damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance.
(3) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall
thereafter conform to the regulations for the zoning district in which it is located after it is moved.
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(g) Items not considered maintenance. The following items are not considered maintenance and shall require
that the sign be brought into conformance with all requirements with this section.
(1) Said maintenance shall not include any changes made to size, height, light intensity or bulk of the sign
or the temporary or permanent removal of the sign for the repair or replacement of the cabinet or any
part thereof, not including the face.
(2) Sign maintenance shall not include changes to the type of sign or changes to components of the sign.
For example, replacement of a paper, vinyl, or static sign with dynamic or electronic displays shall not
be considered sign maintenance and is prohibited.
(h) Removal of abandoned signs.
(1) If a building, structure or premise is vacated for a six-month period of time, the owner of said property
shall be responsible for removing any nonconforming sign or signs located thereon with the exception
of advertisements dealing with the sale or leasing of the facility. In addition, the owner shall be
responsible for restoring the facade of the building, structure or premise to its normal appearance.
(2) If the provisions of this section are not complied with, the code enforcement officer will mail a certified
written notice, return receipt requested to the owner, tenant, or occupant of the property requiring
them to comply with the provisions of this section. If the owner or owner's address is unknown, the
city clerk will publish a notice in the city's official newspaper. The notices and publication shall include
the property address or description of the property and description of the violation. The violation shall
be abated by the owner within seven days of the mailing notice or publication. If there is failure to
comply with the violations outlined by the ordinance, the city will remove the sign and assess the cost
to the owner. The owner shall pay the assessment within 30 days or the assessment will be applied to
the owner's property tax statement.
(i) Severability. If any section, subsection, sentence, clause, or phrase of this sign ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance.
The city council hereby declares that it would have adopted the sign ordinance in each section, subsection,
sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
(Prior Code, § 1195-660.1, § 90-265; Ord. No. 2008-428, § 1, 3-2-2009)
Sec. 90-261. Solar energy systems.
(a) It is unlawful for any person to construct, erect, install, or maintain a solar energy system in the city, except
in conformance with this section.
(b) The purpose of this section is to allow for the generation of renewable energy within the City of Hugo.
Promoting the safe, effective, and efficient use of solar energy, may reduce the onsite consumption of fossil
fuels and utility-supplied electric energy while avoiding adverse impacts on the community at large.
(c) Solar energy systems must conform to the following standards:
(1) A building permit shall be required for the erection of solar energy system. Prior to the issuance of a
building permit, the operator must provide evidence of an agreement with the local utility. Off-grid
systems shall be exempt from providing evidence of an agreement with the local utility.
(2) It shall be the responsibility of the property owner to secure any solar energy easements, if applicable,
to protect solar access for the system (as per Minn. Stat. § 500.30).
(3) Solar energy system components shall be labeled with the manufacturer’s name and address, model
number, and serial number.
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(4) All exterior electrical or other service lines shall be buried underground. The collection system may be
placed overhead near substations or points of interconnection to the electrical grid. Exceptions may be
granted in instances where shallow bedrock, water courses, or other elements of the natural landscape
interfere with the ability to bury lines.
(5) All solar energy systems shall be in compliance with the adopted city and state building code, electrical
code, and plumbing code, as amended and receive any necessary permits or approvals from any
regulatory agency having jurisdiction.
(d) Solar farms.
(1) An interim use permit application must be submitted for approval by the planning commission and city
council before a permit is issued for a solar farm. The information required and the procedure to be
followed for all solar farm interim use permit applications shall be the same as that required for a
conditional use permit set forth in subsections 90-37(a) and (b). In addition, the applicant shall submit
supplementary information pertaining to the nature of the solar farm including:
a. Total square footage of the solar energy system.
b. Total energy production for the site.
c. To scale horizontal and vertical (elevation) drawings.
d. Drawings must show the location of the system on the property including the property lines and
proposed fencing or vegetative buffer.
e. Decommissioning plan.
(2) Performance standards for solar farms:
a. Solar farms shall be located on a minimum lot size of 20 acres within the Long Term Agricultural
(LA), Agricultural (AG), Rural Residential (RR), and Future Urban Service (FUS) zoning districts.
b. Solar farms shall be 100 feet from all property lines, 200 feet from any public road rights-of-way,
and 400 feet from any principal structure on adjacent properties.
c. Solar farms shall be located, insofar as possible, on a central portion of the property in order to
minimize visual impact on adjacent properties and dwellings.
d. Ground mounted solar energy systems shall not exceed 15 feet in height at any point when
oriented at maximum tilt.
e. Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative buffer for
screening. The primary form of buffer for screening shall be at least six-foot tall vegetation.
Exception may be granted if the natural landscape provides screening from all public right of
ways and neighboring properties.
f. All ground areas within the perimeter fencing of a solar farm that are not occupied by equipment
or access paths shall be planted with deep rooted, native pollinator plantings.
g. Solar farm applications shall include a vegetation establishment and management plan which
shall be reviewed and approved by staff.
h. The owner/operator of the solar farm shall provide the city with evidence that the solar energy
system is functioning properly. This shall be provided at any time deemed necessary by the city.
1. The owner/operator shall submit a decommissioning plan for the solar farm to ensure that
the owner/operator properly removes the equipment and facilities upon the end of the
project life, abandonment, expiration, or termination of the interim use permit. If the solar
energy system remains nonfunctional or inoperative for a continuous period of 12 months,
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the system shall be deemed abandoned and shall constitute a public nuisance. The owner
shall remove the abandoned system at their expense after a demolition permit has been
obtained within 90 days after notice has been given. Removal includes the entire structure
including transmission equipment, structures and foundations, and the restoration of soil
and vegetation. The owner/operator shall provide a current-day decommissioning cost
estimate, and shall post financial security in a form acceptable by the city. This estimate
must include an inflationary escalator, in an amount determined by the city, which will
allow the city to remove the solar farm from the property after the 90-day period has
elapsed.
(3) An application for a solar farm interim use permit may be granted only upon finding that all the
following criteria have been met:
a. The applicant owns the property or has secured a proper lease agreement on the property,
unless the city council determines that unique conditions or circumstances warrant special
arrangement.
b. The proposed solar farm is allowed as a principal use in the respective zoning district and
conforms to this chapter.
c. The proposed solar farm is keeping with the spirit and intent of this chapter.
d. The construction of a solar farm shall not impede the city's ability to implement its
comprehensive plan.
e. The proposed solar farm is compatible with the present character of the surrounding area.
f. The proposed solar farm shall have a set date in which the permit shall be reviewed or
terminated.
g. The proposed solar farm shall be subject to any conditions that the city council deems
appropriate for the permission of the use.
(4) In permitting a new solar farm interim use permit or amending an existing solar farm interim use
permit, the planning commission may recommend and the city council may impose additional
conditions and requirements to protect the health, safety, and welfare of the surrounding area and the
community at large, mitigate unfavorable consequences of activities resulting from the solar farm,
enforce laws and regulations, and ensure compliance with the conditions of the permit. These
conditions may include, but are not limited to, the following:
a. Limitations on period of use and operation.
b. Buffering and screening measures.
c. Additional setbacks.
d. Approval periods between one to 25 years, beginning at the start of operation.
(5) Because of its temporary nature, an interim use permit for a solar farm shall not be renewed.
Continuation of a solar farm beyond the date of expiration of its interim use permit requires approval
of a new interim use permit.
(6) Solar farm interim use permits do not run with the land. The permit is not transferable from person-to-
person, and shall expire if there is a change in ownership of the property, unless the following
conditions are met:
a. The new permit holder must own the property or have a written lease agreement with the
property owner stating the land will continue to be used for the production of energy via a solar
farm.
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b. The new permit holder shall abide by all requirements of the original permit, including, but not
limited to, posting financial security to the city for decommissioning, as outlined in subsection
(2)f.
c. The transfer of the permit must be approved by the city and filed accordingly.
(7) In order to recommend denial of an interim use permit, the planning commission must find that the
proposed use will not meet one or more of the conditions found in subsection (d)(3) of this section.
(8) Suspension and revocation.
a. The city council may suspend or revoke an interim use permit upon failure of the interim use, or
the interim use permit holder, owner, operator, tenant, or user, to comply with city codes, the
laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which
that activities allowed under the permit adversely affect the public health, safety, or welfare.
b. A suspension or revocation of an interim use permit shall be preceded by written notice to the
permit holder and a hearing before the city council. The notice shall provide at least ten days'
notice of the time and place of the hearing and shall state the nature of the violations. The notice
shall be mailed to the permit holder at the most recent address listed on the application.
(9) An interim use permit shall expire and the interim use permit shall terminate at the earlier of:
a. The expiration date established by the city council at the time of approval, but in no case more
than 25 years from the date of the start of operation. Solar farms shall be constructed and
operational within one year of city council approval.
b. Occurrence of any event identified in the interim use permit for the termination of the use.
c. Upon an amendment to the city code that no longer allows the interim use.
(10) The community development director or designee shall, within ten days of city council approval of any
interim use permit, provide one copy of the completed permit to the applicant, the city clerk, and for
permits issued in the floodplain district or shoreland district, to the Commissioner of the Department
of Natural Resources.
(e) Accessory solar energy systems.
(1) A building permit application must be submitted and approved by the building official before an
accessory solar energy system is installed. The information required and the procedure to be followed
for all accessory solar energy system applications shall be the same as that required for a building
permit. In addition, the applicant shall submit supplementary information pertaining to the nature of
the accessory solar energy system including:
a. Total square footage of the solar energy system.
b. Total energy production for the site.
c. To scale horizontal and vertical (elevation) drawings.
d. Drawings must show the location of the system on the building or on the property including the
property lines and proposed screening, if required.
(2) All commercial or industrial solar energy systems will require submittal for approval by the community
development director or designee before a permit is issued for any accessory solar energy system. This
submittal process will require the same application and supplementary information required in (e)(1).
Denial of a building permit request may be appealed to the planning commission by following the
procedures outlined in section 90-40.
(3) Accessory solar energy systems shall be erected and maintained to meet the following standards.
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a. Setbacks for accessory solar energy systems are as follows:
1. Ground or pole mounted solar energy system panels shall conform to all setback
requirements for accessory uses in the district in which they are located.
2. Roof mounted solar energy systems shall abide by all manufacturer specifications and
requirements.
b. Coverage requirements for accessory solar energy systems are as follows:
1. Ground mounted solar energy systems are considered accessory structures. The size of the
system (sq. ft.) will be calculated as part of the maximum combined number and size of
accessory structures allowed by lot size in accordance with section 90-203.
2. Roof mounted systems are not accessory structures and are excluded from size and
number calculations for accessory structures.
3. A variance application may be submitted if the ground mounted solar energy system
exceeds the limits for maximum combined size of accessory structures, but does not meet
the definition of a solar farm.
c. Height requirements for accessory solar energy systems are as follows:
1. Ground or pole mounted solar energy systems shall not exceed 15 feet in height when
oriented at maximum tilt.
2. Roof mounted solar energy systems shall not project vertically more than the height
requirements of the district in which they are located.
d. Screening requirements for accessory solar energy systems are as follows:
1. Residential roof mounted solar energy systems are not required to be screened by this
section.
2. A commercial or industrial roof mounted solar energy system shall be installed such that it
is compatible with the building architecture. Architectural standards as found in the
commercial and industrial guidelines, a PUD, or other architectural conditions shall apply.
e. Except in the agricultural and long-term agricultural zoning districts, no ground or pole mounted
solar energy system shall be located or protrude in front of the principal building on the site, in
relation to any public street.
f. Roof mounted solar energy systems shall not extend beyond the perimeter of the building on
which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed
to extend beyond the perimeter of the building.
g. If the solar energy system remains nonfunctional or inoperative for a continuous period of 12
months, the system shall be deemed abandoned and shall constitute a public nuisance. The
owner shall remove the abandoned system at their expense within 90 days. Removal includes the
entire structure including transmission equipment, structures and foundations, and the
restoration of soil and vegetation.
(4) An application for an accessory commercial or industrial solar energy system permit may be granted
only upon a finding that all the following criteria have been met:
a. The applicant owns the property or has a leasing contract with the owner of the property.
b. The proposed solar energy system conforms to this chapter.
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d. The proposed solar energy system shall be subject to, by agreement with the property owner or
lease holder, any conditions that the city deems appropriate for permission of the use.
(Prior Code, § 90-278; Ord. No. 2016-475, 12-21-2015; Ord. No. 2023-523, § 1, 5-1-2023; Ord. No. 2025-541, 4-7-
2025)
Sec. 90-262. Swimming pools.
(a) It is unlawful for any person to construct, erect, install, replace, or maintain a swimming pool in the city,
except in conformance with this section.
(b) All swimming pools must conform to the following standards:
(1) One swimming pool is allowed per lot.
(2) A building permit shall be required for the erection of all in-ground swimming pools. In addition, a
building permit shall be required for all above ground swimming pools with a capacity over 5,000
gallons and/or a wall height over 42 inches. These swimming pools shall be in compliance with the
adopted city and state building code, electrical code, and plumbing code, as amended.
(3) Except in the agricultural, long-term agricultural, rural residential, and future urban service zoning
districts, no swimming pool shall be located or protrude in front of the principal building on the site, in
relation to any public street.
(4) Swimming pools shall not be located within any private or public utility, walkway, drainage, right-of-
way, or other easements.
(5) The pump, filter unit, heating unit, or other noise-making mechanical equipment shall be screened
from the view of any nearby dwelling or public street and located a minimum of 30 feet from any
adjacent or nearby dwelling. Setback requirements may be minimized if the applicant can demonstrate
sufficient noise proofing by other methods. This shall be reviewed and approved by city staff.
(6) Swimming pool lighting shall be directed toward the pool and not toward adjacent properties.
(7) All access for construction or erection of a swimming pool shall be over the owner's land. The owner
shall be liable for damages caused to any public or private property. Back-flushed water or water from
swimming pool drainage shall be directed onto the owner's property or into approved public
drainageways and shall not be discharged into or onto any portion of a private sewage treatment
system.
(c) In-ground swimming pools.
(1) A site plan must be submitted for approval by the community development director or designee before
a permit is issued for any in-ground swimming pool. In addition, the applicant shall submit
supplementary information including:
a. Size of swimming pool.
b. Impervious surface coverage of lot.
c. Drawings (must be to scale and show the following):
1. Location of swimming pool.
2. Location of pump, filter unit, heating unit, or other noise-making mechanical equipment.
3. Required and proposed setbacks.
4. Location of principal structure, garage, and any accessory structures.
5. Location of fencing.
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6. Location of easements.
7. Location of overhead electrical wires.
8. Location of well and septic (if applicable).
9. Any other improvements on the lot.
10. Drawings of any final treatments or finishes (decking, landscaping, fencing, etc.) proposed
around the pool.
(2) Setbacks (measured to the pool water) for in-ground swimming pools located in the urban residential
or rural residential zoning districts are as follows:
a. Fifteen-foot rear yard setback.
b. Ten-foot side yard setback.
c. Six feet from any principal structure or frost footing (i.e., deck).
(3) In-ground swimming pools at locations served by a private well and/or sewage treatment system must
meet the following setbacks (measured to the pool water):
a. Twenty feet from a water-supply well.
b. Ten feet from any septic tank.
c. Twenty feet from any soil treatment area.
(4) All in-ground swimming pools shall be completely surrounded by a fence or wall, not less than four feet
high and not exceeding six feet high. All gates or doors shall be equipped with a self-closing and self-
latching gate or door with provisions for locking. This shall remain securely closed at all times. Fencing
shall be installed prior to the filling of the pool. Please refer to section 90-227 for fence performance
standards.
(d) Above ground swimming pools.
(1) All above ground swimming pools with a wall height exceeding 24 inches must conform to all of the
following standards:
a. Setbacks (measured to the pool water) for above ground swimming pools located in the urban
residential or rural residential zoning districts are as follows:
1. Thirty-foot rear yard setback.
2. Ten-foot side yard setback.
3. Six feet from any principal structure or frost footing (i.e., deck).
b. Above ground pools at locations served by a private well and/or sewage treatment system must
meet the following setbacks (measured to the pool water):
1. Twenty feet from a water-supply well.
2. Ten feet from any septic tank.
3. Twenty feet from any soil treatment area.
(2) Large above ground swimming pools are those with a capacity over 5,000 gallons and/or a wall height
over 42 inches. Above ground swimming pools of this size must conform to the following standards:
a. A site plan must be submitted for approval by the community development director or designee
before a permit is issued for any above ground swimming pool with a capacity over 5,000 gallons
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and/or a wall height over 42 inches. In addition, the applicant shall submit supplemental
information including:
1. Size of swimming pool.
2. Impervious surface coverage of lot.
3. Drawings (must be to scale and show the following):
i. Location of swimming pool.
ii. Location of pump, filter unit, heating unit, or other noise-making mechanical
equipment.
iii. Required and proposed setbacks.
iv. Location of principal structure, garage, and any accessory structures.
v. Location of fencing.
vi. Location of easements.
vii. Location of overhead electrical wires.
viii. Location of well and septic (if applicable).
ix. Any other improvements on the lot.
4. Drawings of any final treatments or finishes (decking, landscaping, fencing, etc.) proposed
around the pool.
b. All above ground swimming pools with a capacity over 5,000 gallons and/or a wall height over 42
inches shall be completely surrounded by a fence or wall, not less than four feet high and not
exceeding six feet high. All gates or doors shall be equipped with a self-closing and self-latching
gate or door with provisions for locking. This shall remain securely closed at all times. Fencing
shall be installed prior to the filling of the swimming pool. Please refer to section 90-227 for fence
performance standards.
(3) Small above ground swimming pools are those with a capacity of less than 5,000 gallons and wall
height 24 inches to 42 inches. Above ground swimming pools of this size that are not surrounded by a
fence must have a removable ladder that is removed at all times when the swimming pool is not in use.
(Prior Code, § 90-279; Ord. No. 2017-484, 6-5-2017)
Sec. 90-263 Trade or vocational schools.
(a) It is unlawful for any person to construct or operate a trade or vocational school in the city, except in
accordance with these regulations.
(b) Trade and vocational schools must have their principal entrance located on a minor expander, minor
connector, or a major or minor collector.
Sec. 90-264. Veterinary clinic.
(a) It is unlawful for any person to construct or operate a veterinary clinic in the city, except in accordance with
these regulations.
(b) Veterinary clinics must provide soundproofing to limit noise generated from barking or large animals.
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(c) 24-hour emergency clinics require a conditional use permit in accordance with conditions set forth in section
90-37.
(d) Outdoor exercise or holding areas are permitted if proper screening is provided.
Sec. 90-265. Warehouses.
(a) It is unlawful for any person to construct, operate, or maintain a warehouse and distribution facility in the
city, except in conformance with this chapter.
(b) Retail sales of products stored on site may be allowed as an accessory use from permitted warehousing and
distribution facilities as long as the retail sales area does not occupy more than 20 percent of the building’s
floor area.
(c) Exteriors of all principal and accessory buildings shall be of architecturally enhanced concrete panel,
architecturally enhanced masonry block, exterior insulation and finish system (EIFS), brick, dressed stone, or
glass. Colors shall be neutral or earth tones, except to create a decorative effect, 20 percent of the building
facade (excluding window and door areas from the computation) may be decorated with glazed tile, glass,
plastic or metal panels, or wood of various colors.
(d) Storage of explosive or hazardous waste in warehouses is allowed by an additional conditional use permit
with the proper authorization from applicable County, State, or Federal agencies.
(Prior Code, § 1195-700.1, § 90-269)
Sec. 90-266. Water-oriented accessory structure.
(a) It is unlawful for any person to construct or expand any water-oriented accessory structure, except under a
permit issued in accordance with chapter 14 of this Code, and the following conditions:
(1) Stairways, fences, docks, and retaining walls may be constructed between the ordinary high-water
level of a water feature and the building setback line for shoreland areas as allowed by section 90-137.
(2) In addition to those structures allowed by section 90-137(1), each lot or parcel of land within the
shoreland overlay district may have one water-oriented accessory structure not meeting the normal
structure setback from the ordinary high-water level found in section 90-137, so long as the structure
complies with all of the following:
a. On a natural environment lake and all rivers, the structure or facility must not exceed ten feet in
height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. On
general development and recreational development waterbodies, water-oriented accessory
structures used solely for watercraft storage, including storage of related boating and water-
oriented sporting equipment, may occupy an area up to 400 square feet, with a maximum width
of 20 feet, as measured parallel to the shoreline.
b. Detached decks must not exceed eight feet above grade at any point.
c. The setback of the structure or facility from the ordinary high-water level must be at least ten
feet.
d. The structure or facility must be treated to reduce visibility as viewed from public waters and
adjacent shorelands by vegetation, topography, increased setback or color, assuming summer
leaf conditions.
e. The structure or facility may not be used for human habitation, and must not contain a water
supply or sewage treatment facility.
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(Prior Code, § 1195-710.1, § 90-270)
Sec. 90-267. Wind-powered generators.
(a) It is unlawful for any person to erect or maintain a wind-powered generator in the city, except in
conformance with these regulations.
(b) Wind-powered generators shall not exceed a height of 100 feet (including propeller blades). Any such
generators shall be located on parcels of land at least five acres in size. No more than one wind-powered
generator shall be located on a lot or parcel of land.
(c) Wind-powered generators and their supporting towers shall be located in rear yards, meet the minimum
structure setback requirements and shall be set back from all property lines, residential dwellings, and
overhead electrical transmission lines at least 50 feet plus the height of the tower and generator, including
propeller blades. No part of the tower, generator, or any appurtenances thereto shall be located on, or
extend across, any public right-of-way, public street, highway, sidewalk, or trail, except as may be approved
by the city council.
(d) The height of the wind-powered generator shall not exceed that allowed by Federal Aviation Administration
Regulation (FAA) 77, "Objects Affecting Navigable Air Space" or Minnesota Department of Transportation
(Mn/DOT) Rule 14, MCAR 1.3015 "Criteria For Determining Obstruction to Air Navigation."
(e) Wind-powered generators and their supporting towers shall be erected and maintained to meet the
following standards, except that FAA and Mn/DOT regulations shall be followed as they may apply:
(1) Structural design, mounting, and installation of the tower, generator, and all components shall be in
compliance with manufacturer's specifications. The tower, generator, and components shall be
professionally designed and constructed to meet all federal, state, and local regulations, including
those relating to nonionizing radiation and other health hazards. If new, more restrictive regulations
are adopted, the property owner shall bring the facility and its operation into compliance with the new
regulations within six months.
(2) All wind-powered generators shall be equipped with both a manual and an automatic overspeed
control device.
(3) All wind-powered generators shall be adequately grounded for protection against direct strike by
lightning.
(4) Foundations shall not exceed 150 square feet in ground coverage, and shall be designed and
constructed to resist two times the wind uplift calculated pursuant to the state building code. Design
and construction of the foundation shall be certified by a professional engineer.
(5) Propeller blades shall not exceed 30 feet in diameter, and arcs from the propeller blades shall be
constructed to be a minimum of 30 feet above ground level.
(6) No noise, glare, or vibration from the structure and its related facilities shall be detectable from off the
property on which they are located.
(7) The tower must be freestanding, not include any guy wires, be treated with corrosive-resistant
materials, and painted to be as inconspicuous as possible when viewed from off the property.
(8) Effective measures shall be taken to prevent climbing of the tower by unauthorized persons.
(9) No advertising signs or extraneous materials shall be located on the tower. The tower shall not be
illuminated except to meet federal or state safety regulations, and one warning sign not exceeding two
square feet is permitted.
(10) All wind-powered generators shall be constructed as monopoles.
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(11) All wind-powered generators shall be kept in a condition of good repair at all times.
(12) If at any time the equipment produces an unusual amount of noise or vibration not commonly
associated with the normal operation of the equipment, the generator shall be turned off until such
time as repairs are made.
(13) At the time of approval of a wind-powered generator, the city may require the owner to submit a right-
of-entry agreement, allowing the city the right to enter the property in order to turn off any
malfunctioning equipment via the manual shut-off device that is required to be installed by subsection
(e)(2) of this section.
(f) The tower, generators, and all appurtenances thereto shall be maintained by the property owner in a safe
and structurally sound condition at all times. The tower, generators, and all appurtenances thereto shall be
adequately insured by the property owner for injury and property damage that may be caused by collapse or
other catastrophic failure. Liability insurance in an amount not less than $500,000.00 shall be maintained by
the property owner at all times.
(g) Interface of a wind-powered generator with the consumer's electrical service shall be made pursuant to the
state electrical code and such other federal and state law as may apply.
(h) Interface of a wind-powered generator with an electrical distribution system shall be made only with the
knowledge and approval of the electric utility.
(i) The owner/operator shall submit a decommissioning plan for the wind-powered generator to ensure that
the owner/operator properly removes the equipment and facilities upon the end of the project life,
abandonment, expiration, or termination of the permit. If the wind-powered generator remains
nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed abandoned
and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after
a demolition permit has been obtained within 120 days after notice has been given. Removal includes the
entire structure including the tower, generator, and all other components, and the restoration of soil and
vegetation. The owner/operator shall provide a current-day decommissioning cost estimate, and shall post
financial security in a form acceptable by the city. This estimate must include an inflationary escalator, in an
amount determined by the city, which will allow the city to remove the wind-power generator from the
property after the 90-day period has elapsed.
(j) The property owner shall remove the tower, generator, and all other components, from the property within
120 days after the system is no longer used for the generation of electrical power.
(Prior Code, § 1195-720.1, § 90-271)
Sec. 90-268. Commercial and industrial construction standards.
(a) It shall be unlawful for any person to construct any commercial or industrial building in the city except in
conformance with the following standards:
(1) Exteriors for all buildings, principal and accessory, shall be architecturally enhanced concrete panel,
architecturally enhanced masonry block, masonry with block, masonry with exterior insulation and
finish system (EIFS), brick, dressed stoned or glass. Colors shall be neutral or earth tones, except, to
create a decorative effect, 20 percent of the building facade (excluding window and door areas for the
computation) may be decorated with glazed tile, glass, plastic or metal panels, or wood of various
colors.
(2) All roof- and ground-mounted mechanical equipment shall be completely enclosed with building
materials compatible with the principal structure and painted to blend in unobtrusively with their
background.
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(3) Accessory buildings and structures on each lot shall match, in color, form, and appearance, the
principal building on the lot.
(4) All trash-handling and loading areas shall be fenced with materials consistent with the exterior facing
materials on the principal buildings.
(5) Ground-level mechanical units shall be low profile and located to the side or rear of the building.
(6) On-site exterior lighting shall be directed down and shielded from adjacent properties and roadways in
accordance with section 90-238. The maximum height of parking lot lighting adjacent to residential
areas shall be 20 feet.
(7) All utilities shall be constructed underground, and utility meters shall be screened or integrated into
the building structure.
(8) All areas not covered by building, parking, driveways, or impervious storage areas shall be landscaped
and maintained in accordance with section 90-236.
(b) Any building constructed in a commercial or industrial zoning district shall comply with the commercial and
industrial design guidelines.
(Prior Code, § 1195-740.1, § 90-272; Ord. No. 2011-457, § 1, 8-1-2011)
Sec. 90-269. Public improvement construction standards.
(a) This section describes the minimum construction standards required for improvements or expansion of
public infrastructure within the city. The city engineer may authorize or require deviations from these
standards to protect the public's safety, adjust for unusual site conditions, and to ensure the economical
construction and maintenance of public infrastructure.
(b) All improvements to the municipal water system shall be made in conformance to the city's comprehensive
water supply plan. All materials and construction shall conform to state department of health rules. All
construction and use of sanitary sewer system shall comply with chapter 82 of this Code.
(c) All improvements to the sanitary sewer system shall be made in conformance to the city's Comprehensive
Sanitary Sewer Plan. All materials and construction shall conform to Minnesota Pollution Control Agency
rules and the standards of Metropolitan Council Environmental Services where appropriate. All construction
and use of sanitary sewer system shall comply with chapter 82 of this Code.
(d) All improvements to the public drainage and stormwater management system shall be made in conformance
with the city's comprehensive stormwater management plan. Necessary permits from the U.S. Army Corps of
Engineers, Minnesota Department of Natural Resources, and/or the watershed district of jurisdiction are
required prior to final approval of any drainage plans by the city.
(e) All street improvements shall be made in conformance to the city's comprehensive transportation plan.
Streets shall be constructed in accordance with the standards found in chapter 66 of this Code and in
conformance with American Public Works Association Standards.
(f) All sidewalks, paths, and trails shall be constructed in conformance with the city's master parks plan, state
department of transportation bicycle transportation planning and design guidelines, and in accordance with
the standards found in chapter 66 of this Code.
(g) Street lighting.
(1) Within the urban development, commercial/industrial development, and Egg Lake redevelopment
areas all street lighting systems shall be constructed in accordance with Illuminating Engineering
Society Standards, except for lighting on urban residential streets. Lighting on urban residential streets
shall be constructed with at least one 100-watt high-pressure sodium vapor street light at each public
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street intersection and at mid-block locations to achieve a maximum spacing of 300 feet. Additional
street lights shall be installed to illuminate pedestrian crosswalks and other locations deemed to
operate with a higher degree of hazard.
(2) Within the agricultural and rural residential development areas, rural minor streets shall be
constructed with at least one 100-watt high-pressure sodium vapor street light at each public street
intersection. Additional street lights shall be installed to illuminate pedestrian crosswalks and other
locations deemed to operate with a higher degree of hazard.
(Prior Code, § 1195-750.1, § 90-273)
Secs. 90-270—90-294. Reserved.
- CODE OF ORDINANCES
Chapter 90 - ZONING AND LAND USE
ARTICLE VI. - REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS
DIVISION 2. ANTENNAS
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DIVISION 2. ANTENNAS
Sec. 90-295. Purpose of division provisions.
(a) In order to accommodate the communication needs of residents and businesses (while protecting the public
health, safety, and general welfare of the community), the council finds that these regulations are necessary
in order to:
(1) Minimize adverse visual effects of towers through artful design and siting standards.
(2) Avoid potential damage to adjacent properties from tower failure through structural standards and
setback requirements.
(3) Maximize the use of existing and approved towers and buildings, to accommodate multiple antennas in
order to reduce the number of towers needed to serve the community.
(Prior Code, § 025-010)
Sec. 90-296. Definitions.
The following words, terms and phrases, when used in this division shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Amateur radio antenna means any equipment or device used to transmit, receive or transmit/receive
electromagnetic signals for amateur radio service communications as defined in 47 CFR 97.3(4), and as used in 47
CFR 97.15(a).
Antenna means any device which by use of any means, is designed to transmit or receive any
electromagnetic, microwave, radio, television, or other frequency energy waves, of any type, for any purpose.
Antenna support structure means any building, pole, telescoping mast, tower, tripod, or any other structure
which supports an antenna.
Registered engineer means an engineer that is registered in accordance with the laws of the state.
Structure, public, means an edifice or building of any kind, or any piece of work artificially built up or
comprised of parts jointed together in some definite manner which is owned, or rented and operated by a federal,
state, or local government agency.
(Prior Code, § 025-020)
Sec. 90-297. Preference for antenna and support structure locations.
(a) When selecting sites for the construction of new antenna support structures and/or for the placement of
new antenna, the following preferences shall apply:
(1) Preferred land use areas.
a. Industrial zoned property.
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b. Trunk Highway 61 and C.S.A.H. 8 development corridors in nonresidential areas, and at least
1,000 feet from the edge of the road right-of-way to the antenna support structure.
c. Public land or structures.
d. Athletic complexes, public parks, and golf courses.
e. Parking lots, if the monopole replicates, incorporates or substantially blends with the overall
lighting standards of the lot.
f. Private open land outside the MUSA area.
(2) Preferred support structures.
a. Water towers.
b. Collocation on existing antenna support structures.
c. Church steeples.
d. Sides of buildings over two stories high.
e. Existing power, lighting or phone poles.
(3) Prohibitions.
a. No new support structures shall be approved at any location other than a preferred land use area
unless the applicant shows to the reasonable satisfaction of the city that such locations are not
feasible from an engineering standpoint.
b. No new support structures shall be approved for construction, unless the applicant shows, to the
reasonable satisfaction of the city, that a preferred support structure is not feasibly available for
use from an engineering standpoint.
(Prior Code, § 025-030)
Sec. 90-298. Dimensional requirements.
(a) Table of height and lot size requirements.
Maximum Antenna Support Structure Height and Vacant Lot Size Requirements
Zoning District Maximum
Height
Minimum
Vacant Lot Size
Long-term agricultural (LA) 200 ft. 5 acres
Agricultural (AG) 200 ft. 5 acres
Rural residential (RR) 150 ft. 3 acres
Large lot single-family residential (R-1) 150 ft. 3 acres
Low-density residential (R-2) 150 ft. 3 acres
Single- and two-family residential (R-3) 150 ft. 3 acres
Medium-density multi-family residential (R-4) 150 ft. 3 acres
High-density multi-family residential (R-5) 150 ft. 3 acres
Restricted commercial (RC-1) 200 ft. 15,000 sq. ft.
Central business (C-1) 200 ft. 15,000 sq. ft.
General business (C-2) 200 ft. 15,000 sq. ft.
Restricted industrial (RI-1) 200 ft. 15,000 sq. ft.
General industrial (I-1) 200 ft. 15,000 sq. ft.
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Business park (BP) 200 ft. 15,000 sq. ft.
Mixed use (M-U) 200 ft. 15,000 sq. ft.
Future urban service (FUS) 150 ft. 3 acres
Future central business (FCB) 150 ft. 3 acres
(b) The maximum height restrictions in subsection (a) of this section shall not apply to public structures used as
an antenna support structure. Additionally, no antenna may extend more than 15 feet above its antenna
support structure.
(c) In all districts, all antenna support structures shall be set back from the nearest property line at least a
distance equal to the height of the antenna support structure. This provision does not apply to existing
antenna support structures unless said structure is enlarged or structurally modified.
(d) Distance from residences.
(1) Antenna support structures of up to 150 feet in height shall not be constructed within 300 feet of any
residential structure.
(2) Antenna support structures of over 150 feet in height shall not be constructed within 500 feet of any
residential structure.
(Prior Code, § 025-040)
Sec. 90-299. Permit requirements.
(a) Except as indicated below, conditional use permits are required before any antenna or antenna support
structure is installed or constructed. Applications for conditional use permits shall be made on forms
available from the city and shall be processed in the manner as are other conditional use permits pursuant to
this chapter.
(b) An administrative permit may be issued by the city administrator to any applicant whom the city
administrator determines has complied with all of the terms, requirements, regulations and conditions of
this division for the following:
(1) Antennas to be constructed on a public structure.
(2) Satellite dish antennas larger than two meters but smaller than six meters in size.
(3) Antennas or antenna support structures erected temporarily for test purposes or for emergency
communications. The term "temporarily" means that the antenna or support structure is removed
within 72 hours following the termination of testing or emergency communication needs.
(c) Any person aggrieved by the city administrator's decision shall be entitled to appeal that decision to the city
council.
(d) No permits are required for the following:
(1) Household television antennas extending less than 15 feet above the highest point of a residential
structure.
(2) Satellite dish antennas two meters or less in size.
(3) Adjustment, repair or replacement of the elements of an antenna, provided that such work does not
constitute a clear safety hazard.
(4) Antennas and antenna support structures used by the city for city purposes.
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(Prior Code, § 025-050)
Sec. 90-300. Antenna regulations in all districts.
(a) The following standards shall apply to all antennas and antenna support structures:
(1) All obsolete and unused antennas and antenna support structures shall be removed within 12 months
of cessation of operation at the site, unless an exemption is granted by the zoning administrator. After
the facilities are removed, the site shall be restored to its original or an improved condition. The city
may require that a letter of credit be posted with the city to guarantee compliance with this provision.
(2) All antennas shall be constructed in compliance with city building and electrical codes.
(3) Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's
specifications. The plans shall be approved and certified by a registered professional engineer at the
owner's expense.
(4) When applicable, written authorization for antenna erection shall be provided by the property owner.
(5) No advertising message shall be affixed to the antenna structure.
(6) The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by a
registered electrical engineer.
(7) Antennas shall not be artificially illuminated and must not display strobe lights unless required by law
or by a governmental agency to protect the public's health and safety. When incorporated into the
approved design, the tower may support light fixtures used to illuminate ballfields, parking lots, or
other similar areas.
(8) When applicable, proposals to erect new antennas shall be accompanied by any required federal,
state, or local agency licenses.
(9) No new antenna support structures shall be constructed if it is feasible to locate the proposed new
antenna on existing support structures. Feasibility shall be determined according to generally accepted
engineering principles. If a new antenna support structure is to be constructed, it shall be designed
structurally and electrically to accommodate both the applicant's antennas and comparable antennas
for at least two additional users if the antenna support structure is over 100 feet in height, or for at
least one additional user if the tower is over 60 feet in height. Any antenna support structure must also
be designed to allow for future rearrangement of antennas upon the tower and to accept antennas
mounted at different heights. Other users shall include, but not be limited to, other cellular
communication companies, personal communication systems companies, local police, fire and
ambulance companies.
(10) Antenna support structures shall be constructed and painted to reduce visual impact and according to
all applicable F.A.A. requirements.
(11) The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables,
beams or other means. The design should utilize an open framework or monopole design. Permanent
platforms or structures, exclusive of antennas, are prohibited.
(12) The base of any tower shall occupy no more than 500 square feet and the top of the tower shall be no
larger than the base.
(13) Antennas and antenna support structures must be designed to blend into the surrounding
environment through use of color and camouflaging architectural treatment, except in instances where
the color is dictated by federal or state authorities. All locations should provide the maximum amount
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of screening from off-site views as is feasible. Existing on-site vegetation shall be preserved to the
maximum extent practicable.
(14) The base of all antenna support structures shall be landscaped according to a plan approved by the city
engineer. Accessory structures shall be designed to be architecturally compatible with the principal
antenna support structure.
(15) Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other
health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall
be brought into compliance with the new standards by the owner and operator. The cost of verification
of compliance shall be borne by the owner and operator of the antenna.
(16) Except as approved by the city as to public utilities, no part of any antenna or support structure, nor
any lines, cable, equipment, wires, or braces shall at any time extend across or over any part of any
right-of-way, public street, highway, sidewalk, or property line.
(17) All metal towers (and all necessary components) shall be constructed of, or treated with, corrosion-
resistant material.
(18) All antennas and support structures shall be adequately insured for injury and property damage caused
by collapse or other catastrophic failure.
(19) All new antenna support structures shall be constructed to provide space for the installation of a city
emergency/fire siren in such a fashion that it will not interfere with any antennas. Said space shall be
available for said use by the city at no cost to the city.
(b) The following regulations shall apply to all antennas and antenna support structures for which a conditional
use permit, administrative permit or site plan is required under this article:
(1) The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis
prepared by a registered professional engineer that location of the antennas as proposed is necessary
to meet the frequency reuse and spacing needs and to provide adequate coverage and capacity to
areas which cannot be adequately served by locating the antennas in a less restrictive district. Said
analysis shall also demonstrate to the reasonable satisfaction of the city that the proposed use will not
interfere with the radio, television, telephone and other similar services enjoyed by the properties in
the area.
(2) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever
possible. If a new equipment building is necessary for transmitting, receiving and switching equipment,
it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping.
a. Unless the antenna is mounted on an existing structure, at the discretion of the city, a security
fence not greater than eight feet in height with a maximum opacity of 50 percent shall be
provided around the support structure.
b. All antenna support structures shall be reasonably protected against climbing.
(3) At least annually, and at each time a new user is added to an antenna support structure, the owner or
operator shall provide to city a report from a registered engineer that the antennas comply with all
applicable regulations regarding emission of radiation and electromagnetic waves.
(4) The base of all antenna support structures shall be posted with signs stating "Danger High Voltage" on
all sides.
(Prior Code, § 025-060)
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Sec. 90-301. Amateur radio antenna and towers.
(a) Antennas and antenna support structures for federally licensed amateur radio operators are hereby
exempted from the following provisions of this article:
(1) 90-297(1).
(2) 90-297(3).
(3) 90-298(a).
(4) 90-298(d).
(5) 90-299(a).
(6) 90-300(a)(3), (a)(6), (a)(9), (a)(11) and (a)(19).
(7) 90-300(b)(1), (b)(2)a, (b)(3) and (b)(4).
(b) No amateur antenna support structures shall be constructed unless site plan approval has been given by the
city administrator. Any person aggrieved by the city administrator's decision shall be entitled to appeal that
decision to the city council.
(c) Amateur radio support structures (towers) must be installed in accordance with the instructions furnished by
the manufacturer of that tower model. Because of the experimental nature of the amateur radio service,
antennas mounted on such a tower may be modified or changed at any time so long as the published
allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the
manufacturer's specifications.
(Prior Code, § 025-070)
Secs. 90-302—90-320. Reserved.
- CODE OF ORDINANCES
Chapter 90 - ZONING AND LAND USE
ARTICLE VII. LAND DIVISION AND PLATTING
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ARTICLE VII. LAND DIVISION AND PLATTING
Sec. 90-321. Introduction.
This article establishes the minimum standards for the division of land into two or more parcels or lots of
record, and for the change of property boundaries between parcels or lots. The division of land shall occur only
through the minor subdivision, platting, planned unit development, or property line adjustment processes defined
in this article.
(Prior Code, § 1215-010.1)
Sec. 90-322. Council approval required.
No parcel or lot of land shall be subdivided or split into two or more parcels or lots without approval of the
city's land use regulations council, except as may be allowed in section 90-332.
(Prior Code, § 1215-020.1)
Sec. 90-323. Conformity with comprehensive and long-range plans.
No proposed subdivision shall be given final approval unless the subdivision is designed, and its public
utilities and/or public improvements are constructed, designed, and installed to be in full compliance with the
city's comprehensive plan, comprehensive sanitary sewer/water supply and distribution plan, master park plan,
comprehensive stormwater management plan, master road plan, and all other long-range plans approved by the
city council.
(Prior Code, § 1215-030.1)
Sec. 90-324. Park dedication.
(a) General dedication standards. In order to develop a system of parks within the community to serve the
public's health and recreational needs, a percentage of the net buildable acreage based on the density of all
land subdivided for residential purposes shall be dedicated to the city as public parkland. The city finds that
the more dense a development is, the more demand for park land it creates since lots can be smaller
affording less private recreational space and more occupants per acre. The following formula will be used to
determine the dedication requirement where a land dedication is required:
Density Percentage of Land to be Dedicated (of the buildable
land)
0—3.99 units per acre 10 percent
4.00—5.99 units per acre 11 percent
6.00—7.99 units per acre 13 percent
8.00—9.99 units per acre 15 percent
10.00 < units per acre 17 percent
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The land so dedicated shall be subject to approval by the city council in accordance with the city's
Comprehensive Plan for parks. At the city council's discretion, a parkland dedication fee may be accepted or
required instead of or connection with land dedication. The parkland dedication fee shall be set annually by the
city council and adopted as part of the city's fee schedule. The parkland dedication fee shall be charged for each
dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling
unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or
which is subject to an approved development agreement with the city that includes a parkland dedication
provision.
(b) Appeal process. The parkland dedication fee may be appealed to the city council before the city council
makes a decision on the final plat and shall be calculated as follows: The percentage of land to be dedicated
will be multiplied by the fair market value of the net buildable acreage.
The fair market value shall be determined by the city council, following their review of a current appraisal
submitted to the city at the developer's expense. The appraisal shall be made by appraisers who are approved
members of the SREA or MAI, or equivalent real estate appraisal societies.
If the city receives written notice of a dispute over the parkland dedication fee before approval of the final
plat, the developer shall pay the fee into an escrow account pending a decision of an appeal of the fee. If an appeal
is not filed within 60 days following approval of the final plat, or if the person aggrieved by the fee does not prevail
on the appeal, then the funds paid into escrow must be transferred to the city.
(Prior Code, § 1215-040.1; Ord. No. 2010-449, § 1, 11-15-2010)
Sec. 90-325. Sealcoat fee.
In order to be considered complete and constructed to city standards, all public roads built as part of a land
development plan shall receive crackfilling and sealcoating within five to seven years after their construction. The
city shall collect a fee as part of all land development plans to pay for the city providing this service. Such fee is to
be determined by the city engineer based on the estimated cost of providing the service to the development in
accordance with rates established by the city council.
(Prior Code, § 1215-050.1)
Sec. 90-326. Snowplowing fee.
Where a proposed public street has been constructed but not accepted by the city for operation and
maintenance, and public snowplowing services are required to allow for development and use of the property, the
city shall charge land developers a fee for snowplowing services. Such fee is to be determined by the city engineer
based on the estimated cost of providing the service to the development in accordance with rates established by
the city council.
(Prior Code, § 1215-060.1)
Sec. 90-327. Stormwater management.
All land development activities shall make provision for the adequate management of stormwater generated
on the site. To be considered adequate, stormwater management must be approved by the city engineer and
include: limiting the discharge of stormwater downstream to a rate not to exceed that existing prior to
development, the treatment of stormwater discharged to national urban runoff protection program (NURP)
standards, and the limitation of runoff volumes to the greatest extent practical. Where the property being
developed is located all or partially within an established regional stormwater management district of the city, the
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city council may require the applicant pay a stormwater management fee instead of constructing all or part of the
stormwater management system required for the site. The fee to be charged shall be approved by the council and
based on the city engineer's estimate of the public costs associated with the collection, transportation, storage,
treatment, and management of stormwater generated by the site in accordance with rates established by the city
council.
(Prior Code, § 1215-070.1)
Sec. 90-328. Public improvement standards.
All streets, sidewalks, water and sanitary sewer facilities, stormwater management systems, and other public
improvements constructed as part of a land development plan shall be designed and constructed in accordance
with city standards, as found in section 90-269, or in other ordinance provisions, or as established by city council
policy. The city engineer shall review and approve all construction plans, and may approve variances to the strict
interpretation of city standards, or require a stricter standard, where such variance or stricter standard is in
keeping with the intent of this chapter and city long-range plans.
(Prior Code, § 1215-080.1)
Sec. 90-329. Adequate public facilities.
(a) Any subdivision or property line adjustment deemed to lack adequate public facilities pursuant to criteria,
which include those listed in this section, may be denied by the city council together with all related permits
and approvals.
(1) A subdivision or property line adjustment may be deemed premature if it lacks adequate public
facilities as defined below. The following conditions shall not be an exclusive list of conditions:
a. A condition of inadequate drainage shall be deemed to exist if:
1. Surface or subsurface water retention and runoff are such that it constitutes a danger to
the structural security or risk of flooding of the proposed structures.
2. The proposed site grading and development may cause harmful and irreparable damage
from erosion and siltation on downhill or downstream land.
3. Factors to be considered in making these determinations may include: average rainfall for
the area; the relation of the land to floodplains; the nature of soils and subsoils and their
ability to adequately support surface water runoff and waste disposal systems; the slope of
the land and its effect on effluents; and the presence of streams as related to effluent
disposal.
b. A proposed subdivision or property line adjustment shall be deemed to lack an adequate water
supply if the proposed subdivision does not have adequate sources of water to serve the
proposed subdivision if developed to its maximum permissible density without causing an
unreasonable depreciation of existing water supplies for surrounding areas or does not offer
acceptable integration of existing public water facilities.
c. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the
subdivision when:
1. Roads which are needed to serve the proposed subdivision or property line adjustments
are of such a width, grade, stability, vertical and horizontal alignment, configuration, site
distance and surface condition that an increase in traffic volume generated by the
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proposed subdivision would create a hazard to public safety and general welfare, or
seriously aggravate an already hazardous condition, or when said roads are inadequate for
the intended use and the proposal does not include developer-supplied improvements
adequate to defray the costs of upgrading those roads.
2. The traffic volume generated by the proposed subdivision or property line adjustments
would create unreasonable road or highway congestion or unsafe conditions on roads or
highways existing at the time of the application or proposed for completion within the next
two years.
d. A proposed subdivision or property line adjustment shall be deemed to lack adequate waste
disposal systems if in subdivisions for which sewer lines are proposed, there is inadequate sewer
capacity in the present system to support the subdivision if developed to its maximum
permissible density after reasonable sewer capacity is reserved for schools, planned public
facilities, and commercial and industrial development projected for the next five years; or if in
subdivisions where sewer lines are neither available nor proposed, there is inadequate on-site
sewer capacity potential to support the subdivision if developed to the maximum permissible
density indicated in any governing planning document or ordinance or amendments thereto.
e. Subdivisions and property line adjustments that do not follow planned public improvement
corridors or that do not constitute an infilling of development shall be deemed inconsistent with
the city's growth strategies as outlined in the comprehensive plan.
f. A proposed subdivision or property line adjustment shall be determined to lack necessary city
service capacity when services such as recreational facilities, police and fire protection, and other
city services, which must be provided at public expense, cannot reasonably be provided for
within the next two years.
g. A proposed subdivision or property line adjustment shall be deemed inconsistent with capital
improvement plans when improvements and/or services necessary to accommodate the
proposed subdivision have not been programmed in applicable capital improvement plans. The
city council may waive this criterion when it can be demonstrated that a revision to capital
improvement programs can be accommodated.
(2) The burden shall be upon the applicant to show that the proposed subdivision, development, or and
property line adjustment has adequate public facilities and is not premature.
(Prior Code, § 1215-085.1, Ord. No. 2021-507, § 1, 9-20-2021)
Sec. 90-330. Record information requirement.
(a) Following completion of development activities for any plat, the developer shall submit two record drawings
of the development, as well as in digital format, to the city engineer. The digital file shall be in AutoCAD R14
format with all-horizontal control in county coordinates. Vertical Datum shall be based on U.S.G.S.
elevations. Digital file layer control shall be in accordance with city standards. All plan text shall conform to
LeRoy 120 size standards. As-built information shall include:
(1) Topography in two-foot contour intervals.
(2) Water system facilities, including:
a. Location, material type, class, size, and depth of all mains and services.
b. Location and type of all valves, including ties to physical features such as manholes, catchbasins,
and property irons.
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c. Location and type of hydrants.
d. Location and elevation of all water services at the right-of-way line and station at the water main.
(3) Sanitary sewer facilities, including:
a. Location, material type, class, size, and depth of all sanitary sewer, force mains, and services.
b. Location, invert elevations, and top of casting elevations of all manholes.
c. Location, size, invert elevations, pump size, pump manufacturer, and controls manufacturer of all
lift stations.
d. Location and elevation of all sewer services at the right-of-way line, and wye station at sewer
main.
(4) Storm sewer facilities, including:
a. Location, material type, class, size, and depth of all storm sewers.
b. Location, invert elevation, and top of casting elevation of all manholes.
c. Location, type, and outflow elevation of all stormwater control structures.
(5) Floodway and flood-fringe boundaries.
(6) Ordinary high-water and 100-year high-water elevation for all waterbodies.
(7) Location of all easements and public utilities within the easements.
(8) Location and width of all road rights-of-way.
(9) Location of all streets and sidewalks/bike paths and typical sections placed during construction.
(10) Location and description of all surveying monuments, including project bench marks.
(Prior Code, § 1215-090.1)
Sec. 90-331. Financial guarantee.
An escrow deposit, or letter of credit in such form as is acceptable to the city, shall be made with the city
finance director in a sum equal to 125 percent of the total cost of all public improvements to be constructed as
part of a subdivision or land development plan, the amount to be established by estimate of the city engineer. The
city shall reimburse itself out of said deposit for any cost and expense incurred by the city for completion of work it
performs due to default by the land developer. The city shall also reimburse itself for any damages incurred by the
city because of the developer's failure to complete such improvements. Upon completion of the work and
termination of any warranty period and all developer liability, the balance remaining in the escrow shall be
refunded to the developer or the letter of credit released.
(Prior Code, § 1215-100.1)
Sec. 90-332. Statutory land divisions.
Where any state or federal law has preempted the authority of the city to regulate the subdivision of
property, such land division or platting shall be allowed to the extent permitted by such law. The city will withhold
building permits from properties created under state, federal, or judicial preemption, if such properties do not
meet the minimum development standards of the city.
(Prior Code, § 1215-110.1)
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Sec. 90-333. Registered land surveys and conveyance by metes and bounds.
All property conveyances must be made by plat, except for lots or parcels exceeding five acres in size that
may be made by metes and bounds description. Registered land surveys, where permitted by law, must be
approved in accordance with the platting process established in this article.
(Prior Code, § 1215-120.1)
Sec. 90-334. Assessment splits.
In the event a tract of land against which an assessment has been levied is thereafter subdivided, the city
council may, on application of the property owner or by its own motion, equitably apportion among the various
lots or parcels in the tract all of the installments of the assessments against the tract remaining unpaid and not
then due.
(Prior Code, § 1215-130.1)
Sec. 90-335. Utilities.
Wherever municipal sanitary sewer, storm sewer, or water service are reasonably available to a
development site, and the land is located in an area where such service is legally accessible, all land development
shall utilize such services. Where a property's zoning allows for a development density based on the availability of
municipal sewer and water service, and such municipal utilities are not reasonably available to the site, the
property shall not be subdivided or developed at a density greater than allowed for rural land divisions.
(Prior Code, § 1215-140.1)
Sec. 90-336. Standard conditions for land divisions.
(a) All parcels or lots of land created through any subdivision, platting or planned unit development process shall
be in conformance with the conditions contained in this section.
(1) Within the agricultural, long-term agricultural, and rural residential zoning districts, all parcels created
shall meet the criteria for rural land divisions found in the following table:
Rural Land Division Standards
Requirement Possible Exceptions
(1) All lots shall meet the minimum lot standards for the zoning
district in which it is located, as described in article IV of this chapter.
(1)a. Variance is granted
in accordance with 90-40.
(1)b. Land is divided as a planned unit
development in accordance with this
article.
(2) All lots shall meet the minimum lot standards for any and all
overlay districts in which located, as described in article IV, division 2
of this chapter as well as the density requirements found in section
90-137 of the shoreland overlay, if applicable.
(2) Variance is granted
in accordance with
section 90-40.
(3) All lots shall have a minimum contiguous
buildable area of 8,400 square feet, with a
front-to-side ratio not exceeding 3:1.
(3)a. Variance is granted
in accordance with 90-40.
(3)b. A permanent conservation
easement is provided across the entire
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lot in such manner as to prohibit the
construction or
erection of any inhabitable
structures on the site.
(4) A ponding and flowage easement, or outlot
dedication, is provided to the city over all
protected wetlands and areas below the 100-year
high water elevation for the area.
None
(5) A site development permit is provided from the watershed
management district having jurisdiction.
(5) Land development plan does not
meet thresholds for permitting by the
watershed management district.
(6)A driveway permit is provided by the agency having jurisdiction
over the public road serving the parcel. The driveway shall meet the
requirements of section 90-215.
(6) A conditional use permit is granted
to allow access across another parcel or
lot.
(7) A septic system is located and approved meeting the
requirements of chapter 82.
(7) A conditional use permit is granted
for connection to an off-site system.
(8) 66-foot-wide roadway easements are provided for all public
roads serving, or planned to serve the property under the city
(8)a. Variance is granted in
accordance with section 90-40.
(8)b. A higher standard is
required by the city council
to meet public
transportation needs.
(9) Site drainage and stormwater retention plans,
if required, are approved by the city engineer.
None
(2) The zoning districts that are eligible for municipal sewer and water, new parcels shall meet the criteria
for urban land divisions found in the following table:
Urban Land Division Standards
Requirement Possible Exceptions
(1) All lots shall meet the minimum lot standards for the district in
which it is located, as described in article IV of this chapter
(1) Variance is granted
in accordance with
section 90-40.
(2) All lots shall meet the minimum lot standards for any and all
overlay districts in which it is located, as described in article IV,
division 2, of this chapter, as well as the density requirements found
in section 90-137 of the shoreland overlay, if applicable.
(2) Variance is granted
in accordance with
section 90-40.
(3) All single-family residential lots shall have a minimum contiguous
buildable area of 4,200 square feet, with a front-to-side ratio not
exceeding 3:1. All other lots shall have a buildable area equal to the
minimum lot size for its zoning district.
(3)a. Variance is granted
in accordance with
section 90-40.
(3)b. A permanent conservation
easement is provided across the
entire lot in such manner as to
prohibit the construction or
erection of any structures
on the site.
(4) A ponding and flowage easement, or outlot
dedication, is provided to the city over all
None
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protected wetlands and areas below the 100-year
high water elevation for the area.
(5) A site development permit is provided from the watershed
management district having jurisdiction.
(5) Land development plan
does not meet thresholds for
permits issued by the
watershed management district.
(6) A possible driveway location is identified
from a public road to the building site, meeting
the requirements of section 90-215.
(6) A conditional use permit is granted
to allow access across another parcel or
lot.
(7) 60-foot-wide roadway easements are provided for all public
roads serving, or planned to serve, the property under the city's
master street plan.
(7a) Variance is granted
in accordance with
section 90-40.
(7)b. A higher standard
is required by the city council
to meet public
transportation needs.
(8) All public roads fronting the property and located
within the property are constructed to the city's
urban residential road design standard,
as a minimum.
(8)a. The city council approves
a deposit, escrow, or other
equivalent financial security
to guarantee the future
improvement of the road.
(8)b. A higher standard is
required by the city council
to meet public road needs.
(9) Sidewalks are constructed along all county roads, state highways,
and city collector streets, and along all city residential streets where
abutting lots have a width of less than 80 feet.
(9) Variance is granted by the city
council.
(10) Municipal water and sanitary sewer
are provided to the lot in accordance with the city's
comprehensive sanitary sewer/water supply
and distribution plan and city construction
standards.
Water supply must meet the minimum standards
for fire protection established by the state
fire code, as determined
by the city engineer.
(10)a. The city council approves
a deposit, escrow, or other
equivalent financial security
to guarantee the construction
of the improvements
to the lot.
(10)b. A permanent
conservation easement is
provided across the entire lot
in such manner as
to prohibit the construction
or erection of any structures
on the site.
(11) Site drainage and stormwater retention plans,
if required, are approved by the city engineer.
None
(3) No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water
supply or sewage treatment facilities. All lots within the floodplain districts shall be able to place fill
necessary to contain a building site outside of the floodway district at or above the regulatory flood
protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with
the provisions of this chapter and have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation. For all
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subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood
protection elevation and the required elevation of all access roads shall be clearly labeled on all
required subdivision drawings and platting documents.
(4) When floodway or flood fringe boundaries have not been determined in the floodplain district,
applicants shall conduct the necessary analysis and provide the information required in section 90-36
of this chapter to determine the 100-year flood elevation, the floodway and flood fringe district
boundaries and the regulatory flood protection elevation for the subdivision site.
(5) The Federal Emergency Management Agency (FEMA) has established criteria for removing the special
flood hazard area designation for certain structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments. These standards should be investigated prior
to the initiation of site preparation if a change of special flood hazard area designation will be
requested.
(Prior Code, § 1215-150.1; Ord. No. 2009-434, § 1, 10-5-2009)
Sec. 90-337. Minor subdivision.
(a) Minor subdivisions are allowed in the zoning districts that are not eligible for municipal sewer and water,
which include: agricultural, long-term agricultural, and rural residential zoning districts for subdivisions of
three lots or less. All subdivisions in the agricultural, long-term agricultural, and rural residential zoning
districts, creating four or more lots or parcels, or create parcels less than five acres in size, or with widths less
than 300 feet, shall be platted.
(1) To be considered complete, an application must contain the following items and information:
a. Completed application form signed by all owners in fee title of the property to be subdivided.
b. Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion.
c. Vicinity map showing the relation of the property to be subdivided to adjacent properties and
public roads.
d. A certificate of survey in a scale of one inch equals 100 feet, prepared in accordance with Minn.
Stat. ch. 505, and including:
1. Topographic contours at two-foot intervals, if required, to determine compliance with
floodplain, bluff, slope or wetland protection requirements.
2. Wetland delineation in accordance with the Wetland Conservation Act.
3. Ordinary high-water elevations of all public waterbodies.
4. Ordinary high groundwater elevation.
5. Information on the stormwater conveyance system serving the parcel, including the
minimum elevation that stormwater runoff can be drained from the parcel, the route it
must take to connect to a public trunk drainage system, and elevation indicating the parcel
has an adequate and positive outlet for stormwater runoff.
6. Location of all public and private easements.
7. Floodplain areas and elevation figures.
8. Location of significant stands of trees and individual trees of eight-inch diameter or greater.
9. Existing lot lines.
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10. Proposed lot lines.
11. Proposed locations and types of septic systems.
12. Proposed building areas and dimensions.
13. Proposed driveway locations.
14. North-pointing arrow and scale.
e. Property descriptions, before and after.
f. Drainage and utility easement forms, with legal descriptions, for all wetland and floodplain areas.
g. Watershed district, department of natural resources, and Army Corps of Engineers and state
pollution control agency permits, as required.
h. Driveway permit for each parcel.
i. Individual sewage treatment system permit for each parcel.
j. Proof of all variances, conditional use permits, and other special approvals required.
k. List of the names and addresses of property owners within 300 feet of the property to be
subdivided, prepared by the county surveyor's office.
l. Application fee and escrow, as required.
(2) Applications for minor subdivisions must be presented with complete assembled sets of the drawings,
the number and size of which shall be determined by the Zoning Administrator.
(3) Within 60 days of a complete application for a minor subdivision being submitted to the zoning
administrator, the application shall be subject to a public hearing before the planning commission.
Following such hearing, the planning commission shall establish preliminary findings of fact regarding
the application's compliance with this chapter, and make a recommendation to the city council
whether to grant the subdivision, deny the subdivision, or grant the subdivision subject to conditions.
(4) Within 120 days of a complete application for a minor subdivision being submitted to the zoning
administrator, and following receipt of the planning commission's recommendations, the city council
shall act to deny, approve, or approve with specified conditions, the application for minor subdivision.
Such time deadline may be extended with the approval of the applicant.
(5) A written development agreement may be required as a condition of approval for any subdivision. A
written development agreement will be required for any subdivision resulting in the extension,
construction, or erection of any public improvements.
(6) Actions following approval of a minor subdivision:
a. The city clerk shall certify all approved certificates of survey or deeds prior to their recording with
the county recorder's office, but only after:
1. The applicant meets all conditions of plat approval required by the city council.
2. The applicant pays all fees, escrow, securities, and other charges owed to the city.
3. The applicant provides the city signed and notarized easements, as required, plus the fees
necessary to record the easements with the county recorder's office. Easement forms are
not required when the subdivision is being recorded by plat and the required easements
are identified on the plat.
b. All minor subdivisions shall be recorded with the county recorder's office within 60 days of city
council approval or such approval shall be null and void. The council may grant extensions to the
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recording deadline if the failure to record was not due to any action or inaction on the part of the
applicant or the applicant's representatives.
(Prior Code, § 1215-160.1)
Sec. 90-338. Platting of land.
(a) All subdivisions in zoning districts that are eligible for municipal sewer and water, which create two or more
lots or parcels shall be platted. All subdivisions in the agricultural, long-term agricultural, and rural residential
zoning districts, creating four or more lots or parcels, or creating parcels less than five acres in size, or with
widths less than 300 feet shall be platted.
(1) Applicants may prepare for review and comment by the planning commission, city engineer, and other
city staff, a proposed sketch plan for the subdivision and development of a property. The sketch plan
will be considered as the basis for unofficial discussion on the future development of a property. The
sketch plan shall not constitute an application for a subdivision or other land development approval. A
sketch plan shall contain the following information, as a minimum:
a. Site location map showing major streets, school locations, commercial centers, and other
significant developments.
b. Tract boundaries.
c. North point and scale.
d. Topography and physical features.
e. Wetland areas.
f. Floodplain boundaries.
g. Proposed general street design.
h. Proposed lot design and orientation.
(2) Prior to submitting a final plat to the city for approval, an owner or applicant shall submit to the city
zoning administrator a preliminary plat and development plans for the property. The preliminary plat
shall provide the information required below in order to allow the planning commission and city
council to judge the feasibility of a proposed subdivision. To be considered complete, an application for
preliminary plat approval must contain complete assembled sets of the drawings, the number and size
of which shall be determined by the Zoning Administrator, and the following items and information in
the form designated:
a. Completed application form signed by all owners, in fee title, of the property to be subdivided.
b. Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion.
c. Title sheet/vicinity map.
d. Preliminary plat.
1. All dimensions tied to the nearest one-quarter corner or section corner by traverse.
2. Names and addresses of property owners within 300 feet of the property.
3. Existing zoning classification and lot lines of the property and all abutting properties with
any overlay districts.
4. Location and purpose of all public and private easements, including proposed alleys,
pedestrian ways, and drainage, and utility easements.
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5. Building setback lines, type of proposed construction, and minimum first-floor elevation.
6. All interior lot dimensions and bearings.
7. All street right-of-way widths and centerline alignments.
8. Location, dimension, and purpose of all public and common areas.
9. Computation of buildable area.
10. The proposed name of the plat shall be stated, and not duplicate or be alike in
pronunciation of the name of any plat previously recorded in county.
(3) Grading, drainage, and erosion control plan. All elevations and contours shall be based on NGVD-1929
or NAVD-1988.
a. Existing topography including all areas within 100 feet outside the parcel being platted. Existing
topography shall include the following items:
1. Structures.
2. Location of significant stands of trees and individual trees eight inches in diameter or
larger.
3. Contours at two-foot intervals. Where the horizontal contour interval is 100 feet or more, a
one-foot interval shall be shown.
4. Delineated wetlands in accordance with the Wetland Conservation Act.
5. Delineation of the ordinary high-water elevations and the elevation of all public
waterbodies.
6. Ordinary high groundwater elevation.
7. Location of all soil borings and piezometers.
8. Stormwater drainage conveyance system that serves the property.
9. Water main.
10. Private wells and septic systems.
11. Sanitary sewer system.
12. Delineation of floodplain areas with elevations.
b. Proposed contours at the same intervals noted above.
c. Proposed stormwater drainage conveyance system that will serve the developed property
including internal drainage patterns and minimum elevations at which stormwater runoff can be
drained from the property. This shall include designation of drainage routes and elevations to
connect to internal and external public trunk drainage systems; drainage channels; storm sewer
pipes, sizes, and grades; storm sewer structures; stormwater holding ponds; NURP basins; and
outlets. The final drainage system shall be such that the property has an adequate and positive
outlet for stormwater runoff.
d. Minimum floor elevation (basement) and minimum building opening elevation for each lot.
e. Proposed gradients for all streets and alleys.
f. Wetland mitigation areas.
g. Erosion control features.
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h. Tree protection features.
(4) Utility plan.
a. Existing topography as noted above under grading, drainage, and utility plan.
b. Minimum floor elevation (basement) and minimum building opening elevation for each lot.
c. Proposed storm sewer drainage system.
d. Proposed sanitary sewer system.
e. Proposed water main system including location of fire hydrants and valves.
f. For a rural plat, the location of proposed septic systems and source of water supply.
g. Proposed gradients for all streets and alleys.
(5) Landscaping and lighting plan.
a. Existing topography as noted above under grading, drainage, and utility plan.
b. Proposed landscaping including location, species, and size of shrubs, trees, and bushes.
c. Proposed location of streetlights.
(6) A daily motor vehicle trip generation estimate.
(7) Upon receipt of a completed application for preliminary plat approval, the zoning administrator shall
schedule a public hearing before the planning commission on the proposed plan in accordance with
section 90-45, and provide copies of the proposed plan to the following individuals for comment:
a. City engineer.
b. City water resource engineer.
c. Fire chief.
d. Director, county public works department, if the plat is abutting a county road. Minn. Stat. §
505.03, subd. 2, requires that the county engineer and/or commissioner of transportation receive
a copy of the proposed plat abutting county or state roads 30 days prior to the city's final action
on the preliminary plat. The city may not take final action on such a plat until comments are
received from the county engineer and/or commissioner of transportation, or the 30-day
comment period has elapsed.
e. Commissioner, state department of transportation, if the plat is abutting a state highway.
f. Planning agency of adjacent municipality, if the plat lies along the municipality's border.
g. Commissioner of the state department of natural resources, if all or part of the plat lies within
the shoreland district.
h. Superintendent of the applicable school district.
(8) The planning commission shall conduct the public hearing in accordance with section 90-45, and
establish findings of fact and recommendations for submission to the city council.
(9) Within 120 days of a complete application for preliminary plat approval being submitted to the zoning
administrator, and following receipt of the planning commission's recommendations, the city council
shall act to deny, approve, or approve with specified conditions, the preliminary plat, unless the
applicant waives the time deadline.
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(10) The applicant shall, within 120 days following the city council's approval of the preliminary plat, submit
a complete final plat to the city engineer for review, or the preliminary plat approval shall be null and
void. The city council may extend this deadline for extenuating circumstances.
(11) To be considered complete, the final plat application must include:
a. A final plat survey in conformance with the approved preliminary plat and Minn. Stat. ch. 505.
b. A final site grading plan.
c. Watershed district, department of natural resources, U.S. Army Corps of Engineers, and other
agency permits, as required.
d. Road connection permits, as required.
e. Individual sewage treatment system permits for each lot or parcel, if required.
f. Proof of approval for all variances, conditional use permits, and other special approvals, if
required.
g. Plans and specifications for all streets, alleys, pedestrian ways, municipal utilities, storm sewer,
and other public improvements required for the development, including location of all municipal
utility services to each lot or parcel.
h. Completion of such other requirements made a condition of preliminary plat approval.
(12) Upon receipt of the complete final plat application, the city engineer shall report to the city council
regarding the adequacy of the final plat, and the council shall determine whether to deny or grant
approval of the final plat.
(13) A written development agreement may be required as a condition of approval for any preliminary plat.
A written development agreement will be required for all plat approvals resulting in the extension,
construction, or erection of public improvements.
(14) Following approval of a final plat, the applicant shall provide the city at least two Mylar copies of the
plat for signing by the mayor and clerk. Following recording, one Mylar copy shall be provided to the
city for permanent record. The mayor and clerk shall not sign the final plat for recording until the
applicant has fulfilled all conditions of plat approval, including signing any development agreement
required and depositing all required fees, escrow, and securities with the city.
(15) All final plats shall be recorded with the county recorder's office within 60 days of city council approval
or such approval shall be null and void. The council may grant extensions to the recording deadline, if
the failure to record was not due to any action or inaction on the part of the applicant or the
applicant's representatives.
(Prior Code, § 1215-170.1)
Sec. 90-339. Property line adjustment process.
(a) Where adjacent property owners desire to adjust their mutual lot line without creating a new parcel or lot of
record, they may request a property line adjustment under the following conditions:
(1) To be considered complete, an application must contain the following items and information:
a. Completed application form signed by all owners, in fee title, of the property to be subdivided.
b. Proof of ownership by either a copy of a deed, abstract of title, or attorney's opinion.
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c. Vicinity map showing the relation of the property to be subdivided to adjacent properties and
public roads.
d. A certificate of survey in a scale of one inch equals 100 feet, prepared in accordance with Minn.
Stat. ch. 505, and including:
1. Location of all public and private easements.
2. Existing lot lines.
3. Proposed lot lines.
4. Locations and types of septic systems, if any.
5. Existing building locations and dimensions.
6. Existing driveway locations.
7. Existing fences.
8. North-pointing arrow and scale.
e. Property descriptions, before and after, for all properties involved.
f. Watershed district, department of natural resources, and U.S. Army Corps of Engineers permits,
as required.
(2) Where the adjustment of the property line between two properties retains or causes both properties
to be in conformance with this chapter, the zoning administrator shall provide the application to the
city council for administrative review and consideration.
(3) Where the adjustment of the property line between two properties would result in one or both of the
properties remaining or becoming out of compliance with this chapter, the application shall be
forwarded to the board of appeals and adjustments for a public hearing and variance consideration in
accordance with section 90-32.
(4) The city council may condition the approval of a property line adjustment in such manner so as to bring
any of the properties involved into greater conformance with this chapter.
(5) Following approval of a property line adjustment, the city clerk shall certify all approved certificates of
survey or deeds prior to their recording with the county recorder's office, but only after the applicant
meets all conditions of the property line adjustment required by the city council, and paid all fees,
escrow, securities, and other charges owed to the city. All property line adjustments shall be recorded
with the county recorder's office within 60 days of city council approval or such approval shall be null
and void. The council may grant extensions to the recording deadline, if the failure to record was not
due to any action or inaction on the part of the applicant or the applicant's representatives.
(Prior Code, § 1215-180.1)
Sec. 90-340. Certificate of survey and monumenting required.
(a) No building permit or site plan approval shall be issued by the city for any lot or parcel of land ten acres or
less in size until a certificate of survey for the lot or parcel has been presented to the city's building official.
No building permit for a residential dwelling, regardless of lot size, shall be issued without a certificate of
survey. Such certificate of survey must be prepared and signed by a registered land surveyor, and include the
following information:
(1) Wetland delineation in accordance with the Wetland Conservation Act.
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(2) Ordinary high-water elevations of all public waterbodies.
(3) Ordinary high groundwater elevation.
(4) Location of all public and private easements.
(5) Floodways and flood fringe, with elevations.
(6) Existing lot lines.
(7) Locations and types of septic systems, if applicable.
(8) Location of all survey monuments.
(9) Building areas and dimensions.
(10) Driveway locations.
(11) North-pointing arrow and scale.
(12) Scale.
(b) The lot lines of all lots or parcels of land created or subject to a boundary change shall be identified and
monumented by a registered land surveyor. As a minimum, the location of all lot corners, the intersections of
all public road rights-of-way with lot lines, and the location of substantial pipeline easements shall be
identified with metal stakes permanently placed into the ground.
(Prior Code, § 1215-200.1)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
)ss.
COUNTY OF RAMSEY )
Carter Johnson,being first duly sworn,on oath states as follows:
1. I am the publisher of the THE CITIZEN,or the publisher's
designated agent. I have personal knowledge of the facts stated in
this Affidavit,which is made pursuant of Minnesota Statutes §331A.07. CITY OF HUGO
SUMMARY ORDINANCE 2026-549
2. The newspaper has complied with all of the requirements to constitute a NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF
AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF
qualified newspaper under Minnesota law, including those requirements HUGO.THE FULLTEXTOF THE ORDINANCE IS AVAILABLE FOR PUBLIC
found in Minnesota Statutes §331 A.02. INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS
HOURS.
SUMMARY OF REPEAL AND REPLACE OF CHAPTER 90 (ZONING
3. The dates of the month and the year and day of the week upon which the AND LAND USE)ORDINANCE:
public notice attached was published in the newspaper are as O0W5: Chapter 90(Zoning and Land Use)has been repealed and replaced in its
f11
entirety.This repeal and replace includes the official Zoning Map of the City
of Hugo.The changes included numerous updates to the names,dimensional
Once a week, for one week, it was published on Thursday,the 23rd day standards,and information included in each Zoning District.Additionally,the
of July,2026. changes included updates to uses and performance standards for uses.
y Overall, the changes reordered sections and provided updates, improved
usability and provided clarity to Chapter 90.
4. The publisher's lowest classified rate paid by commercial users for Please note this title and summary Ordinance clearly informs the
public of the intent and effect of the Ordidi thisnance and conforms to Minn.Stat.
comparable space,as determined pursuant to§331 A.06, is as follows: §412.191.This Ordinance shall be effective on the date that it is published.
The amended ordinance is available at City Hall for review.
Passed a) Lowest classified rate paid by commercial users for of July,2026nd adopted by the City Council of the City of Hugo this 6th day
comparable space Tom weidt,Mayor
Attest:Michel Lindau,City Clerk
Published one time in The Citizen on July 23,2026.
b)Maximum rate allowed by law for the above matter
c)Rate actually charged for the above matter $ 15.71/inch
5. Mortgage Foreclosure Notices. Pursuant to Minnesota Statutes §580.033
relating to the publication of mortgage foreclosure notices: The
newspaper's known office of issue is located in Ramsey County. The
newspaper complies with the conditions described in §580.033,subd. 1,
clause(1)or(2). If the newspaper's known office of issue is located in
a county adjoining the county where the mortgaged premises or some part
of the mortgaged premises described in the notice are located,a substantial
portion of the newspaper's circulation is in the latter county.
We are a qualified newspaper in the following counties: Anoka, Ramsey
and Washington
FURTHER YOUR AFFIANT SAITH NOT
BY:
TITLE: Carter Johnson, Publisher
PRESS PUBLICATIONS
4779 Bloom Avenue
White Bear Lake, MN 55110
Subscribed and sworn to before me on this 23rd day of July,2026.
Notary �bli,
MYRNA L. PRESS
Notary Public-Minnesota
My Commission Expires Jan.31,203o Misc:Affidavit-Citizen-1 Wk.docx