11.45 - Business and Professional Offices Zoning District
9 11.45
Section 11.45: Business and Professional Offices
Zoning District
Subdivision 1. Purpose
The purpose of the Business and Professional Offices Zoning District is to provide
areas wherein there may be erected, maintained and used, offices for persons
engaged in business pursuits not involving the sale of or handling of goods, wares,
merchandise or commodities, as for example, accountants, insurance brokers,
realtors, fiscal agents and the like; provided, however, that nothing herein shall be
interpreted to prohibit in such districts the sale of goods, wares, merchandise or
commodities by sample, as for example, by manufacturer's representatives.
Subdivision 2. District Established
Properties shall be established within the Business and Professional Offices Zoning
District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter,
and when thus established shall be incorporated in this Section 11.45, Subdivision 2
by an ordinance which makes cross-reference to this Section 11.45 and which shall
become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set
forth herein. In addition the Business and Professional Offices Zoning Districts thus
established, and/or any subsequent changes to the same which shall be made and
established in a similar manner, shall be reflected in the official zoning map of the
City as provided in Section 11.11 of this Chapter.
Source: Ordinance No. 541
Effective Date: 5-8-81
*Subdivision 3. Building Height
No building in this zoning district shall exceed three (3) stories in height at the front
or street grade level, unless a Conditional Use Permit has been granted allowing
such building or structure to exceed three (3) stories in height.
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28~91
*Subdivision 4. Yard Restrictions
A. Front Yard Setbacks. Front yards shall be provided for all buildings as
follows:
1. No building or other structure in the BUSiness and Professional Offices
District shall be located closer than thirty-five (35) feet from the property
line along any abutting street. The thirty-five (35) foot front setback as
described above shall all be landscaped.
2. In the case of a building over three (3) stories, the front setback shall be
increased five (5) feet for each additional story over three (3) stories or
each additional ten (10) feet above the height of thirty (30) feet.
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B. Side and Rear Yard Setbacks. Side yards and rear yards shall be provided for
all buildings as follows:
Source: Ordinance No. 541
Effective Date: 5-8-81
1. In the case of premises abutting a Residential or R-2 Residential Zoning
District, side and rear yards of such premises shall be not less than fifty
(50) feet in depth or width, of which at least twenty-five (25) feet
adjacent to the lot line or property line shall be planted, landscaped and
maintained as a buffer zone.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
2. In the case of premises abutting on a Multiple Dwelling Zoning District or
an Institutional Zoning District, side and rear yards shall be not less than
thirty (30) feet in depth or width, of which at least the fifteen (15) feet
adjacent to the lot line shall be planted, landscaped and maintained as a
buffer zone.
3. In the case of premises abutting on another Business and Professional
Offices Zoning District, side and rear yards shall be not less than twenty
(20) feet in depth or width for each building, tract, lot or premises of
which at least one-half (1/2) the setback as measured from the lot line
shall be landscaped and planted.
4. In the case of premises abutting on a Commercial or Industrial Zoning
District, side yards and rear yards shall be not less than twenty (20) feet
in depth and width of which at least one-half (1/2) the setback as
measured from the lot line shall be landscaped and planted.
5. In the case of a building over three (3) stories, the side and rear setbacks
shall be increased five (5) feet for each additional story over three (3)
stories or each additional ten (10) feet above the height of thirty (30)
feet.
*Subdivision 5. Area Restrictions
No building or other structure in this zoning district shall occupy more than forty
percent (40%) of the tract of land on which it is located. An additional twenty
percent (20%) of the tract of land shall be allowed for the construction of a parking
structure.
*Subdivision 6. Lot Area
No building or other structure located in this zoning district shall be located on a
parcel of land that is less than one (1) acre in area or less than one hundred (100)
feet in width.
Source: Ordinance No. 541
Effective Date: 5-8-81
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*Subdivision 7. Conditional Uses
A. Conditions. In addition to those uses specifically classified and permitted
within this district, there are certain uses which may be allowed in a Business
and Professional Offices District because of their unusual characteristics or
the service they provide to the public. These conditional uses require
particular considerations as to their proper location in relation to adjacent
established or intended uses, or to the planned development of the City. The
conditions controlling the location and operation of such conditional uses are
established under Section 11.80 of this Chapter.
Source: Ordinance No. 396, 2nd
Effective Date: 3-28-08
B. Authority. The Council shall have the authority, after having received the
recommendations of the Planning Commission, to permit the following types
of the conditional uses of land or structures, or both, within a Business and
Professional Offices District, if the Council finds that the proposed location
and establishment of any such use will be desirable or necessary to the
public convenience or welfare and will be harmonious and compatible with
other uses adjacent to and in the vicinity of the selected site.
Source: Ordinance No. 541
Effective Date: 5-8-81
1. Buildings exceeding three (3) stories in height, subject to the provisions
of Subdivision 5, Subparagraph A, Item 2, and Subparagraph B. above,
and all other applicable provisions of this Chapter.
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
2. Recreational facilities such as ball fields, swimming pools and
playgrounds.
3. Daytime activity centers and/or other facilities providing school and/or
training for retarded or handicapped people.
4. Financial institutions, including drive-in facilities.
5. Limited retail services within a professional office building.
Source: Ordinance No. 541
Effective Date: 5-8-81
6. Heliports, as herein defined.
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7. Other uses which, in the opinion of the Council, are compatible with the
uses specifically described above.
Source: Ordinance No. 643
Effective Date: 11-16-84
8. Adult Day Care Center.
Source: Ordinance No. 264, 2nd Series
Effective Date: 12-13-02
9. Child Care Facilities.
Source: Ordinance No. 396, 2nd
Effective Date: 3-28-08
*Subdivision 8. Permitted Uses
The following uses are permitted in the Business and Professional Office District:
A. Offices
B. Essential Services - Class I
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
*Subdivision 9. Accessory Uses
The following are permitted accessory uses in this Zoning District:
A. Essential Services - Class I
B. Accessory Structures. The following regulations and setbacks shall be
required for accessory structures in this Zoning District:
1. Location. A detached accessory structure shall be located completely to
the rear of the principal structure, unless it is built with frost footings. In
that case, an accessory structure may be built no closer to the front
setback as the principal structure. If an addition is built on to an existing
principal structure that would create a situation where an existing garage
or accessory structure would not be completely to the rear of the addition
to the principal structure, the addition to the principal structure may be
built and the existing garage or accessory structure may remain and be
considered conforming as long as there is at least ten (10) feet of
separation between the existing principal structure with the addition and
the existing garage or accessory structure. Additions may be made to the
existing garage or accessory structure as long as the ten (10) feet of
separation can be met.
2. Front setback. Accessory structures shall be located no less than the
required setback for this Zoning District from the front property line along
a street right-of-way line.
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3. Side and rear setbacks. Accessory structures shall be located no less than
the required setback for principal structures in this Zoning District from a
side or rear yard property line.
4. Separation between structures. Accessory structures shall be located no
less than ten (10) feet from any principal structure and from any other
accessory structure.
5. Alley setback. Accessory structures shall be located no less than ten (10)
feet from an alley.
6. Height limitations. No accessory structure shall be erected in this Zoning
District to exceed a height of one (1) story. One (1) story may not exceed
ten (10) feet from the floor to the top plate. Attic space in accessory
structures shall be used only for storage and/or utility space.
7. Cornices and eaves. Cornices and eaves may not project more than thirty
(30) inches into a required setback.
8. Number and Size of accessory structures. Only one (1) accessory
structure shall be allowed on each property and no accessory structure
shall be larger in size than the principal structure. In no case shall an
accessory structure be greater than one thousand (1000) square feet or
less than one hundred-twenty (120) square feet in area. Accessory
structures include storage buildings, detached sheds, greenhouses,
gazebos and other shelters. Accessory structures not used solely for
storage and related activities shall have open sides from floor to ceiling,
except that they may have railings and temporary screening (used only
on two (2) sides at a time), all constructed in accordance with the building
code.
9. Design. All accessory structures constructed after the construction of the
principal structure must be designed and constructed of similar materials
as determined by the City Manager or his designee.
10. Building Permits. All accessory structures located in this Zoning District
require a building permit.
11. Parking structures and garages. In this Zoning District, parking structures
and garages shall not be considered accessory structures if they are used
to meet the required number of parking spaces.
Source: Ordinance No. 344, 2nd Series
Effective Date: 05-25-06
*Renumbering Source (Subd. 3-9):
Ordinance 346, 2nd Series
Effective Date: 7-1-06
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