CHAPTER 1102-INTENT AND PURPOSE
The intention of the zoning ordinance is that it be consistent with the City’s Comprehensive Plan.
The intention of the ordinance is to protect, manage, and promote wise use of natural resources.
The intention of ordinances is for promotion and protection of property rights and values.
CHAPTER 1106 – DEFINITIONS:
2. Accessory Structure; An accessory structure is a secondary building on a property that is separate from the main building and serves a supportive or complimentary function. Examples of accessory structures include utility or garden sheds, greenhouses, pool houses, outdoor wood burning furnaces, stoves or boilers, and workshops.
3. Attached Garage; An attached garage is a part of the main structure of a house, sharing one or more walls with the dwelling. It is directly accessible from within the home, usually through a connecting door.
10. Attached Garage; An attached garage is a part of the main structure of a house, sharing one or more walls with the dwelling. It is directly accessible from within the home, usually through a connecting door.
21. Building Permit; A building permit is a document issued by a local government when an individual or company wants to build a new structure or engage in construction on an existing structure for expansion or repair.
23. Business; Any occupation, employment or enterprise, wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. “See Definition No. 61 of Home Occupation.”
26. Churches and other places of worship such as temples and mosques
27. Zoning Administrator/City Administrator
32. Compatible; The exterior architectural appearance, lot layout and design of a proposed structure or subdivision shall be in character with adjacent uses and structures and shall not cause: a. depreciation of adjacent property values as determined by the city.
33. Concentrated Animal Feeding Operations (CAFO); A CAFO, or Concentrated Animal Feeding Operation, is a large-scale livestock operation where animals are kept and raised in confined situations.
34. Conditional Use; A use of land classified by the regulations of a primary zoning district as a conditional use; subject to appraisal by the city council and any other regulation of another zoning district.
41. Detached Garage; A detached garage is a standalone structure separate from the main dwelling, typically used for storing vehicles, tools, equipment, or other items.
43. Development; The construction, installation or alteration of any structure, the extraction, clearing or other alteration of land, terrestrial or aquatic vegetation, or the course current or cross section of any water body or watercourse or the division of land into two or more parcels. Meeting various city and county legal development standards such as zoning, plating, and county and state development standard requirements.
45. Dwelling Unit; A residential building or portion thereof, including a manufactured home as defined by Minnesota Statutes intended for permanent occupancy by a family but not including hotels, motels, boarding or rooming houses, tourist homes, camping or trailers.
47. Essential Services; Underground or overhead gas, electrical, steam, telephone, cable, or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith, but not including buildings, antennas, wind generators, satellite equipment for commercial use, personal communication service (PCS) system towers, microwave equipment and substations.
48. Exterior Storage (Includes open storage); The storage of goods, materials, equipment, motor vehicles, manufactured products and similar items not fully enclosed by a building but not including explosive or flammable substances.
49. Family; b. Related person who resides therein as though a member of the family. Five or fewer persons not related by blood, marriage or adoption will be considered a family regardless of the ownership of the unit amongst the five or fewer persons.
50. Fence; Any partition, structure, wall, or gate erected as a divider marker, barrier or enclosure and located along the boundary, property, or within the required yard.
55. Garage, Private; A detached or attached building which is used primarily for storing passenger vehicles or trailers.
62. Home Occupation; Any gainful occupation, profession, or business engaged in only by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit or in an accessory building conducted from property zoned residential use, provided that no signs other than those normally utilized in a residential district are present, limited stock in trade is stored on the premises, and over-the-counter retail sales are not involved.
65. Junk; Shall include parts of machinery, motor vehicles, trailers, unused appliances stored in the open; remnants of wood, decayed, weathered or broken construction materials no longer suitable as approved building materials; metal or any other material or castoff material of any kind whether the same could be put to any reasonable use. Junk should not include toxic explosives, organic, or regulated polluting substances.
a. Junk Yard: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber, tires and bottles. A junk yard includes an auto reduction yard. Junk yards shall be fenced of opaque material at least 6 feet high, but no higher than 8 feet.
82. Mineral Excavation (Mining); The extraction, processing or storage of sand, gravel, rock, soil or other material from the land in the amount of 100 cubic yards or more and the removal thereof from the site. For the purpose of this Ordinance, mining shall not include: the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats or utility and highway construction, minor agricultural and sod removal except as further regulated herein. Mineral extraction, processing or storage shall comply with any applicable state and federal standards related to this activity.
89. Office Uses; Those commercial activities that take place in office buildings where goods are not produced, sold, or repaired. These include: banks, general offices, governmental office, insurance office, real estate office, travel agency or transportation ticket office, telephone exchange, utility office, radio broadcasting, computer services, related digital applications, and similar uses.
93. Outdoor Wood-Burning Furnace; stove; boiler
An outdoor wood-burning furnace is a heating system designed to be located outside the primary building it serves. An outdoor wood-burning furnace, stove or boiler shall be considered an accessory structure.
98. Plan, Site; A map or graphics prepared to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of the structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, existing and proposed grading, walkways, and other site development information as related to a proposed development and in compliance with the Spring Grove Subdivision Ordinance.
103. Restaurants (Class I, Class II, Class III)
1. Class I; a. Traditional restaurant where food is served by a waitress or waiter to a customer and consumed while seated at a counter or a table. Food is served predominantly on non- disposable containers.
2. Class II; a. Fast food restaurants, in which a majority of the customers are served food at a counter and take it to a table to eat or may take food outside to consume in a vehicle or off the premises.
3. Class III; a. Mobile Food preparation trailer, in which that may cook in an external covered area such as a barbeque pit or wood fired pizza ovens, where all food preparation, assembly, and service is done in an enclosed area on board the unit.
118. Subdivision; The division or separation by plat, registered land surveyor metes and bounds description of an area, parcel, or tract of land under single ownership into two or more parcels, tracts or lots for transfer of ownership or for residential, commercial, industrial, or other use or any combination thereof. The term includes re-subdivision and where it is appropriate to the context relates either to the process of subdividing or the land to be subdivided.
121. Use, Permitted; A public or private use which may be lawfully established in a particular district or districts, which of itself conforms to all purposes, objectives, requirements, regulations, and performance standards of a particular district. Also described as “Uses of right” which means they can be established without formal city approvals since they automatically comply with written standards.
126. Wetland; e. This definition includes all current state and federal standards for the definition of “wetlands”.
CHAPTER 1108 – GENERAL PROVISIONS
D. LOT PROVISIONS.
3. No zoning permit shall be issued for any lot which is not buildable as defined by Section 1106 (15) of this Title.
A. ACCESSORY BUILDINGS, STRUCTURES, AND USES.
2. Any new home shall have a garage, whether attached or detached.
3. An attached garage may be remodeled for use as living quarters integrated with an existing home provided an attached or detached garage is constructed concurrently with such building remodeling or there is an existing detached garage which is in compliance with the dimensional standards contained in Section 1108, E.9.c
H. RELOCATED STRUCTURES.
Before any house or other structure is moved onto a vacant lot, the person moving said structure shall obtain a moving permit If the City Council determines that a structure would have a negative effect on surrounding property values or be incompatible with surrounding structures in the area into which it is to be moved, the Council may deny issuance of a permit for such relocation. Structures to be relocated into any district within the City will be regulated by all regulations and ordinances applying to new construction. No zoning permit will be issued until the owner has agreed in writing that the entire building will be completed within a period of six (6) months and all fees have been paid.
K. SETBACKS ALONG ARTERIAL. Along streets designated as Arterial, the minimum setback for all buildings shall be fifty feet (50’) from the planned right-of-way line. Exceptions are new construction and/or additions to existing structures on existing lots, which can be no closer than 20 feet from the front of the property line. Also, an exception to this is the Downtown Commercial District.
O. LIQUID BULK STORAGE. All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, ammonia, chemicals, propane, and similar liquids shall comply with state standards and require a conditional use permit to ensure that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and general welfare. Liquid storage tanks having a capacity in excess of 500 gallons shall be prohibited in residential zoning districts.
P. HOME OCCUPATIONS.
b. An additional intent is to facilitate city economic development by supporting innovative and start-up business consistent with the above intentions in this Section.
Q. NOISE.
1. Any noise described herein which is plainly audible at the property line of a structure or building in which it is located or in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence that the noise is excessive.
2. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner.
7. Any Commercial Vehicle, as described in Chapter 706.A.1, or Truck, as described in Chapter 706.A.3, is prohibited from running while unattended during the hours of 10:00 p.m. and 7:00 a.m. except in areas that are specifically designated by the City Council.
CHAPTER 1110 – ADMINISTRATION
A. ZONING PERMITS
1.Administrative review and consideration are authorized for the following types of zoning permits:
a. Residential accessory structures, such as decks, porches, sheds, gazebos, swimming pools, and playhouses; and conditions in the city and compliance with the city’s Comprehensive Plan.
B. ZONING AMENDMENTS.
5. Procedure. The procedure for a property owner to initiate a rezoning or district regulation change is:
d. The Zoning Administrator shall set the date for the public hearing and shall have notices of such hearing published in 3 public locations, one being in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing. The City Council may waive the mailed notice requirements for amendments to the zoning text initiated by city staff or City Council.
C. CONDITIONAL USE PERMITS.
1. General Statement. Conditional Use Permits may be granted or denied in any district as provided by this Ordinance. The City Council shall consider the advice and recommendations of City staff and the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on utility and school capacities and the effect on property values of property in the surrounding area and compliance with the Comprehensive Plan.
2. Procedure.
a. The property owner or authorized representative shall fill out and submit to the City an application together with required exhibits and a fee to be determined by the City Council from time to time by resolution. Such imposed conditions shall be in writing in the minutes of such meeting and attached to any permit that would be issued.
4. Criteria for granting conditional use permits. In granting a conditional use permit, the City Council shall consider the advice and recommendations of City staff and the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following:
i. The use will not adversely impact the environment, natural resources, water quality, or adversely affect surface water flows or ponding.
j. Compliance with the Comprehensive Plan.
APPEAL FROM ADMINISTRATIVE DECISIONS.
3. Decision and Review. Within a reasonable time after the hearing, the board of appeals and adjustments shall make its order deciding the matter and serve a copy of such order upon the applicant by mail. The facts behind the Board’s decision and order shall be in writing and be a part of its order on the matter.
CHAPTER 1112 – GENERAL DISTRICT PROVISIONS
A. DISTRICT CLASSIFICATION. In order to classify, regulate, and restrict the location of trade and business, and the location of buildings designated for specific uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of the lot areas and to regulate and determine the areas of yards, recreation and open space within and surrounding such buildings, and as a means of implementing its Comprehensive Plan, the City is hereby divided into zoning districts. The use, height and area regulations are uniform in each district. Districts shall be known as:
H-I; Heavy Industrial
B. BOUNDARY LINES. Wherever uncertainty exists as to the boundary of any use district as shown on the zoning map incorporated herein, the following rules shall apply:
2. Where district boundary lines are indicated as approximately following lot lines, section lines, or city limit lines such lines shall be construed to be such boundaries;
CHAPTER 1114 – ZONING DISTRICTS
A, AGRICULTURAL; 2. Permitted Uses. e. agricultural uses; except Concentrated Animal Feeding Operations (CAFO) which are prohibited within a city.
4. Conditional Uses. o. feed lots; except Concentrated Animal Feeding Operations (CAFO);
B. R-1, SINGLE FAMILY RESIDENTIAL 4. Conditional Uses. b. bed and breakfast and related visitor lodging without food services; i.e. Airbnb or Vrbo or similar short term rentals; m. Accessory Housing Units (AHU) on the same lot as the principal housing unit.
C. R-2, LIMITED MULTIPLE RESIDENTIAL; 2. Permitted uses. b. publicly owned and operated property; limited to public uses such as parks, wells, etc. that may either enhance the area or does not have a noise impact;
E. COMMERCIAL; 2. Permitted Uses. m. Electronic products sales and services.
F. D, DOWNTOWN COMMERCIAL DISTRICT; 5. District Standards. c. Performance Standards. The primary entrance of the building shall be oriented toward the street. New interpretations of traditional building styles will be encouraged but building must be compatible with the traditional buildings as far as appearance, no pole barn construction allowed, and utility servicing.
e. Exterior materials. All buildings within this district shall be of masonry or wood frame construction, its equivalent or better. Require fire resistant materials. Front walls of such buildings facing the streets must be finished with face brick, ornamental blocks, stone, glass, wood or their aesthetic equivalent as determined by the City Council. Other walls shall be faced with a common brick, siding or its equivalent. Any building wall facing a residential district shall not be finished with exposed plain-faced poured concrete or concrete block.
G. GI, GENERAL INDUSTRY. 4. Conditional Uses. k. light manufacturing: manufacturing except such uses that would be recommended by the city to be placed in the HI, Heavy Industrial District.
5. District Standards. d. Exterior materials. Steel, concrete, brick, aluminum, fiber cement, glass, stucco, wood, insulated panels, and vinyl.
CHAPTER 1116 – DIMENSIONAL STANDARDS; Zoning District Classifications; Added the Downtown Commercial District Classification to Chart and also added Heavy Industrial Classification.
Detached Building up to 2 Acres, (Maximum Square Feet)R-1, R-2, R-C 1,200 Square feet.
Detached Building up to 3 Acres, (Maximum Square Feet)R-1, R-2, R-C 1,800 Square feet.
Detached Building up to 4 Acres, (Maximum Square Feet)R-1, R-2, R-C 2,400 Square feet.
Detached Building up to 5 Acres, (Maximum Square Feet)R-1, R-2, R-C 3,600 Square feet.
Detached Building up to 6 Acres, (Maximum Square Feet)R-1, R-2, R-C Determined by P&Z.
Front Yard Setback, (minimum feet) for retaining wall or fence from curb R-1, R-2, R-c 10 feet.
CHAPTER 1120 – SITE PLAN REVIEW; A. SITE PLAN APPROVAL PROCEDURE AND REQUIREMENTS.
2. Application. A site plan may be submitted by the owner, user, or potential user of the subject property by filing an appropriate application with the City. The city may require the applicant to furnish a scaled drawing of any of the following items which are necessary for the proper consideration of the applications:
4. Findings. The following findings shall be made before a site plan may be approved by the City Council. The site plan shall:
CHAPTER 1122 – SIGNS; DEFINITIONS. Q. Sign, Wall; A sign attached to or erected against the wall of a building with the exposed face of the sign in a plane parallel to the plane of said wall or roof.
E. PERMITTED SIGNS PERMANENT. Signs shall be permitted by zoning district in accordance with the following minimum standards:
General Industrial Districts and Heavy Industrial District
CHAPTER 1124 – OFF-STREET PARKING AND LOADING
E. DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS.
5. Lighting. Artificial lighting shall be planned, designed, constructed and maintained consistent with the following standards:
e. Installing light shields or deflectors on fixtures, if needed, helps reduce light pollution and preserves the city’s dark skies.
CHAPTER 1126 – PLANNED UNIT DEVELOPMENT (PUD)
A. PURPOSE. The purposes of the Planned Unit Development (PUD) provisions are to
promote creative and efficient use of land by providing design flexibility in the application of the provisions of a primary zoning district through approvals of a Development Plan pursuant to this Section of the Zoning Ordinance and approval of a rezoning to PUD Overlay District pursuant to Chapter 1110 of the Zoning Ordinance. Approval of a PUD shall be consistent with the City’s Comprehensive Plan.
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