On the agenda: Big Lake meeting — Data Center (Apr 6)

AGENDA
BIG LAKE PLANNING COMMISSION MEETING
COUNCIL CHAMBERS
April 6, 2026
6:00 p.m.
1)

CALL TO ORDER

2)

PLEDGE OF ALLEGIANCE

3)

ROLL CALL (Members: A. Heidemann, L. Odens, P. Seefeld, T. Velishek, J. Geroux, M. Busch, B. Tradewell)

4)

ADOPT AGENDA

5)

OPEN FORUM

6)

PLANNING COMMISSION MEETING MINUTES OF MARCH 2, 2026

7)

BUSINESS ITEMS
7A. PUBLIC HEARING –Chapter 10 (Zoning) Amendments and Review of Amendments to Chapters 2
(Administration), Chapter 5 (Nuisances), Chapters 6 (Traffic) of the Big Lake City Code.
7B. Amendments to Subsection 1003.11 (R-5, Residential Redevelopment District) and Section
1004.03 (Shoreland Management Overlay District) of Chapter 10 (Zoning Ordinance) of the Big
Lake City Code
7C. Planning Commission Strategic Plan

8)

COMMUNITY DEVELOPMENT REPORT

9)

COMMISSIONERS’ REPORT

10) OTHER
11) ADJOURN
Disclaimer: This agenda has been prepared to provide information regarding an upcoming meeting of the Big Lake Planning Commission. This document
does not claim to be complete and is subject to change.

Notice of City Council Quorum: A quorum of the City Council members may be present at this meeting. No action will be taken by the Council.

AGENDA ITEM

Big Lake Planning Commission
Prepared By:
Tara Kohl, Planning Technician

Meeting Date:
4/6/2026

Item Description:
March 2, 2026 Planning Commission Meeting Minutes

Reviewed By: Marie
Development Director

Item No.
Popp,

6

Community

Reviewed By:
ACTION REQUESTED
Motion to approve the March 2, 2026 Big Lake Planning Commission meeting minutes as presented.
BACKGROUND/DISCUSSION
The draft minutes of the March 2, 2026 Planning Commission meeting are attached for review.
FINANCIAL IMPACT
N/A
STAFF RECOMMENDATION
N/A
ATTACHMENTS
March 2, 2026 Planning Commission meeting minutes

Planning Commission Meeting Minutes
Date: March 2, 2026
Page 1 of 3

BIG LAKE PLANNING COMMISSION
MEETING MINUTES
MARCH 2, 2026
1.

CALL TO ORDER

Chair Odens called the meeting to order at 6:00 p.m.
2.

PLEDGE OF ALLEGIENCE

The Pledge of Allegiance was recited.
3.

ROLL CALL

Commissioners present: Chair Lisa Odens, Alan Heidemann, Paul Seefeld, Bryce Tradewell, Tony
Velishek, Mason Busch, and Jake Geroux. Also present: Community Development Director Marie
Popp, and Planning Technician Tara Kohl.
4.

ADOPT AGENDA

Commissioner Heidemann motioned to adopt the agenda. Seconded by Commissioner
Tradewell. Unanimous ayes, motion carried.
5.

OPEN FORUM

Chair Odens opened the open forum at 6:01 p.m. No one came forward. Chair Odens closed the
open forum at 6:01 p.m.
6.

APPROVE PLANNING COMMISSION MEETING MINUTES OF JANUARY 5, 2026

Commissioner Velishek motioned to approve the January 5, 2026 Planning Commission meeting
minutes as presented. Seconded by Commissioner Busch, unanimous ayes, motion carried.
7.

BUSINESS

7A.

PUBLIC HEARING – COMPREHENSIVE PLAN LAND USE MAP AMENDMENT TO GUIDE THE
RAIL-SERVED INDUSTRIAL PARK STUDY AREA AS INDUSTRY/OFFICE

Tara Kohl reviewed the staff memo for the proposed Comprehensive Plan Land Use Map

Planning Commission Meeting Minutes
Date: March 2, 2026
Page 2 of 3

Amendment to guide the area designated as Rail-Served Industrial Park Study Area as
Industry/Office. Kohl shared that the area was already on the land use map, but it needed to be
cleaned up to define the boundaries of the area and color coordinate it with the rest of the map.
Commissioner Heidemann stated that he is concerned about the parcels on the eastern side of the
study area and questioned if there would be issues with the water feature and residential areas
nearby.
Chair Odens asked what the buffer would be between industrial and residential.
Popp replied that the shoreland management overlay district would address setbacks and other
buffering requirements.
Heidemann asked if the parcels make sense as industrial.
Popp responded that the parcels are already included in the rail-served industrial park study area
and that the study is available to the public. Popp shared that they have been marketed as
industrial and there is an annexation request for the parcels along the eastern border of the study
area.
Heidemann stated that he just wanted to bring it to the attention of the commission.
Commissioner Seefeld stated that most of the concerns mentioned would be addressed with the
code during development.
Odens stated that it was noted in the study that the parcels near residential areas would likely be
light industrial.
Heidemann stated that his primary concern was not the buffering of the use, but the use of prime
land for industrial purposes rather than step-up housing.
Chair Odens opened the public hearing at 6:09 p.m. No one came forward.
Chair Odens closed the public hearing at 6:10 p.m.
Commissioner Heidemann motioned to recommend approval of the Comprehensive Plan
Amendment to amend the land use map to guide the area designated as Rail-Served Industrial Park
Study Area as Industry/Office. Seconded by Commissioner Tradewell, unanimous ayes, motion
carried.

Planning Commission Meeting Minutes
Date: March 2, 2026
Page 3 of 3

8. COMMUNITY DEVELOPMENT UPDATE

Marie Popp reviewed the Community Development Department update. Popp reviewed ongoing
projects including the shoreland ordinance update, general code housekeeping, two upcoming
annexations, and the Hudson Woods concept plan. Popp shared that there is continued interest
in residential, industrial, and commercial developments. Popp shared an update on the hiring of
the Community Development Coordinator position and that a Community Development
Technician position opening has been posted.
Commissioner Seefeld asked how many industrial park lots were still available.
Popp responded that there were three parcels still available.
9. COMMISSIONERS’ REPORTS
Commissioner Seefeld shared that the City Council has been discussing a water distribution model,
street projects, and getting a CMAR for the public safety facility.

10.

OTHER - None.

11.

ADJOURN

Commissioner Seefeld motioned to adjourn the meeting at 6:16 p.m. Seconded by Commissioner
Tradewell unanimous ayes, motion carried.

AGENDA ITEM

Big Lake Planning Commission
Prepared By:

Kendra Lindahl, Consulting Planner

Item Description:

PUBLIC HEARING. Chapter 10 (Zoning) Amendments and
Review of Amendments to Chapters 2 (Administration),
Chapter 5 (Nuisances), Chapters 6 (Traffic) of the Big Lake
City Code.

Meeting Date:

Item No.

7A

4/6/2026

Reviewed

By:

Reviewed

By:

Administrator

Hanna

Klimmek,

City

Marie Popp, Community
Development Director/EDA Executive Director

60-DAY REVIEW DEADLINE: N/A
ACTION REQUESTED
Hold the public hearing and provide a recommendation on the amendments to Chapter 10 (Zoning) of the
City Code.
Provide a recommendation on the amendments to Chapter 2 (Administration), Chapter 5 (Nuisances), and
Chapters 6 (Traffic) of the Big Lake City Code.
BACKGROUND/DISCUSSION
The City of Big Lake completed a repeal and replace of the Zoning Ordinance, Subdivision Ordinance and
Sign Ordinance in 2023 (ordinance adopted April 26, 2023). When the new ordinances were adopted, staff
noted that regular review and updates should be expected to correct any errors and address policy changes
as needed. The most recent regular review and update to the Code was approved in Ordinance 25-09 at the
December 10, 2025 City Council meeting. During the presentation of the ordinance update, it was noted
that updates to Nuisance Ordinances and Reasonable Accommodation would be prioritized during the next
revision.
The Planning Commission is only required to hold a public hearing for amendments to the Zoning Ordinance,
but, because the other chapters contain information that is relevant to the Commission’s work, staff is
presenting all four chapters for review and recommendation.
ANALYSIS OF REQUEST
Staff will provide a summary of key changes for each chapter below. The majority of the amendments are not
substantive but are housekeeping items to correct spelling, comply with State laws, correct inconsistencies,
and add clarity. The more substantive changes are described in this report. The attached ordinance shows all
of the recommended changes by deleting the stricken material and adding the underlined material.

CHAPTER 2 (OPERATIONS AND ADMINISTRATION)
A new Section 295 has been drafted to allow the City to evaluate and regulate requests for reasonable
accommodations pertaining to housing in accordance with the federal Fair Housing Amendments Act of
1988. These provisions establish a process for the City to administratively waive or modify specific provisions
of the City Code which may hinder an applicant with a qualifying disability from having fair and equal access
to housing. This reasonable accommodation ordinance would, for example, allow City staff to
administratively review and approve a request for an ADA ramp for a home with a setback encroachment.
Currently, such a request would be evaluated as a variance by the Planning Commission and City Council,
which can be a burden both financially and would typically take 2-3 months to process. Other cities in the
region have adopted similar reasonable accommodation ordinance language and this draft language was
developed in consultation with the City Attorney.
This addition to the Code includes subsections establishing definitions, procedures, transferability, and
conditions and guarantees for staff to evaluate and place reasonable conditions on reasonable
accommodation requests. Requests will be evaluated by the Community Development Director, or a
designee, and are non-transferable, except in cases where the accommodation cannot reasonably be
removed from the structure or the accommodation is to be used by another individual with a qualifying
disability who applies under the procedure established in the Code. A zoning permit fee will be collected to
process applications for these requests.
CHAPTER 5 (NUISANCES, OFFENSES, AND OTHER REGULATIONS)
Section 510 of the City Code has been amended to comply with MN Statute § 412.925. This Statute states,
“A statutory city or home rule charter city shall allow an owner, authorized agent, or authorized occupant
of any privately owned lands or premises to install and maintain a managed natural landscape.” A managed
natural landscape is defined as “A planned, intentional, and maintained planting of native or nonnative
grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow
vegetation, and ornamental plants. Managed natural landscapes do not include turf-grass lawns left
unattended for the purpose of returning to a natural state.” This Statute also establishes that a “turf-grass
lawn” may be no greater than eight inches in height. Language has been drafted to adopt these changes.
Amendments to Subsection 1006.06 (Landscaping) of the Zoning Ordinance have also been drafted to permit
managed natural landscapes on private property.
Section 550 of the City Code has been amended to update the City’s noticing requirements for sidewalk
snow removal in cases where a property owner has failed to clear snow from a sidewalk within 24 hours of
a snowfall event. Instead of requiring the City to notify a property owner prior to each instance of snow
removal, the Code has been amended to require City Staff to provide an annual notice of the sidewalk
clearing Ordinance and related fees to all properties adjacent to sidewalks. This simplifies the noticing
process for City staff while still providing adequate information to property owners regarding the City’s snow
removal policies.
CHAPTER 6 (TRAFFIC AND MOTOR VEHICLES)
Section 620.03 (Parking, Stopping, Standing) lists prohibited parking locations. At the request of the Big Lake
Police Department, this list has been modified to add language prohibiting parking within ten feet of
mailboxes during standard mail delivery hours. It’s staff’s understanding that the Post Office will not deliver
mail if the mailbox is blocked and this language will allow the Police Department to ticket those in violation
of this standard.

CHAPTER 10 (ZONING CODE)
A number of definitions were added or amended. Several definitions added or amended pertain to Section
1004.03 (Shoreland Overlay Management Area). Amendments to Section 1004.03 are scheduled for a Public
Hearing at the May 4th Planning Commission meeting.
Several changes are proposed to Section 1003.05 (Use Table). Many of these changes reduce redundancy,
correct section reference errors, and improve consistency with other sections of Code. Proposed changes
include replacing “Public, educational, and religious buildings” with “Places of assembly,” as staff found a
broader term to be needed for such uses in order to comply with case law regarding these types of uses.
“Alternative energy systems” has also been removed from the table while specific types of alternative
energy systems (wind, solar, etc.) have been added in accordance with the standards in Subsection 1005.08.
The use table in Section 1004.06 (Transit Oriented Development District) has also been updated to align with
the new uses and definitions.
Changes are also proposed to parking standards. A significant change includes removing “Parking ramp” as
a permitted use and adding “Parking facility, commercial” as a principal use with a Conditional Use Permit
in all business and most industrial districts. “Parking facility, commercial” is defined in the proposed
definitions and includes surface parking lots and parking ramps which are owned by the City and private
entities. Performance standards have also been drafted for parking ramps in Section 1006.03 (Parking and
Loading). Amendments have also been proposed to Table 27 (Parking Standards) to reduce redundancy and
align with updated uses/definitions.
Performance standards have been established for Contractor’s Operations, as this use was previously listed
in the use table but did not have any established standards. The drafted standards reduce the impact of
exterior storage yards to neighboring properties by limiting exterior storage yards to the I-2 district for
contractor operations, requiring yard areas to be surfaced with dustless materials, limiting noise, and
prohibiting junk. More broadly, standards for outdoor storage have also been updated to reestablish a ratio
of 3.5:1 (storage area to building footprint) for outdoor storage in the I-2 District, which was inadvertently
missed in the April 26, 2023 comprehensive Code update, as this section as updated by City staff via a
separate process (approved February 2, 2023). This oversight will be corrected with this update.
Significant amendments have been drafted to Section 1005.11 (Non-Conforming Structures, Uses, and Lots).
Most significantly, language has been included to allow expansions to non-conforming structure, so long as
those expansions do not increase the structure’s non-conformity. For example, an owner of a home which
does not meet setback standards would now be able to add or expand a second floor of their home over an
existing non-conforming first floor, so long as the setback encroachment is not increased. Other
modifications to this section have been drafted to provide clarity and comply with State statutes.
SUMMARY
Staff believes the proposed amendments will make the City Code easier for residents to understand by
clarifying a number of issues. The amendments will also address issues identified by residents and staff and
will make it easier for the City Code to be implemented and enforced. This Code revision also includes several
amendments which are relevant to the implementation of the upcoming revision of the Shoreland
Management Overlay District Ordinance.

FINANCIAL IMPACT
None
STAFF RECOMMENDATION
The Planning Commission should hold the public hearing and review the Zoning Ordinance, Traffic
Ordinance, Subdivision Ordinance and Sign Ordinance and make a recommendation to the City Council on
the final ordinances. Staff will make any desired changes for adoption at the April 15th City Council meeting.
ATTACHMENTS
1. Draft Ordinance approving Amendments

CITY OF BIG LAKE
MINNESOTA
A general meeting of the City Council of the City of Big Lake, Minnesota was called to
order by Mayor Paul Knier at 6:00 p.m. in the Council Chambers of City Hall, Big Lake,
on Wednesday, April 15, 2026. The following Council Members were present: Ken
Geroux, Ken Halverson, Paul Knier, Kim Noding, and Paul Seefeld. A motion to adopt
the following ordinance was made by Council Member _________ and seconded by
Council Member ___________.
CITY OF BIG LAKE
ORDINANCE NO. 2026-XX
ORDINANCE AMENDING CITY CODE CHAPTER 2 (ADMINISTRATION), CHAPTER
5 (NUISANCES), CHAPTER 6 (TRAFFIC), AND CHAPTER 10 (ZONING)
WHEREAS, The City Council finds that the amended administration, nuisances,
traffic, and zoning code protects the public health, safety, comfort, convenience and
general welfare of the residents of the community; and
WHEREAS, the amendments will provide clarity, correct errors in the text, and
provide conformity with State laws; and
WHEREAS, the Big Lake Planning Commission conducted a public hearing on
April 6, 2026 and recommended that the City Council approve the ordinance
amendments; and
WHEREAS, notice of the public hearing was duly published and posted in
accordance with applicable Minnesota Statutes and persons interested in said
applications were afforded the opportunity to present their views and objections related
to the project; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Big Lake
that it hereby approves the following:

1

SECTION 1. Chapter 2 (Operations and Administration) of the Big Lake Municipal
Code is hereby amended to delete the stricken material and add the underlined material
as follows to Chapter 2 (Operations and Administration):
SECTION 295: REASONABLE ACCOMODATION
§ 295.01 Purpose.
The city has a legitimate interest in imposing regulations to protect the public
health, safety, and general welfare. However, these regulations may not be applied
in a manner that denies reasonable accommodation as required by the federal Fair
Housing Amendments Act of 1988. It is the policy of the city to provide reasonable
accommodation for persons with disabilities seeking fair and equal access to
housing, in compliance with federal law.
§ 295.02 Definitions
For the purpose of this section, the following definitions apply unless the context
clearly indicates or requires a different meaning.
Disability. Those disabilities which are recognized under applicable federal law.
Qualified Person. An individual with a disability, his or her representative, or a
developer or provider of housing for an individual with a disability.
Reasonable Accommodation. The process by which the city may provide a
modification or waiver of city building, zoning, or other regulations or policies to a
qualified person, when necessary to eliminate barriers to housing opportunities as
required by the Fair Housing Amendments Act of 1988.
§ 295.03 Procedure.
The process for making and acting upon requests for reasonable accommodation is
set forth below:
1. A qualified person may request the modification or waiver of city
regulations or policies by submitting all required application materials and fees to
the community development director, or their designee, on forms furnished by the
city. The application must include a detailed explanation of why the modification or
waiver is reasonably necessary to make the specific housing available to the person,
including verification of the disability, as well as other information required by the
director. If the request also requires another city review or approval, then the
applicant must file the request concurrently with that application.
2. The community development director, or their designee, in consultation
with the city attorney, has the authority to consider and act on requests for
reasonable accommodation, except that requests associated with another city
review or approval will be considered and decided concurrently with that
application. A decision must be in writing. A decision may include the imposition of
conditions the director, or their designee, deems necessary to mitigate any adverse
2

impacts of granting such reasonable accommodation. In making a decision, the
following factors must be considered:
a. whether there is a disability;
b. whether the request is needed to allow a disabled person equal
opportunity to use and enjoy a dwelling, or to live in a particular
neighborhood, as a person with a disability;
c. whether the request is reasonable, considering such things as the potential
impact on surrounding uses, the potential impact on the subject property,
the extent to which the accommodation meets the stated need, and the
availability of other alternatives that may meet that need;
d. whether the request would constitute a fundamental alteration of the
city's regulations, policies, or procedures;
e. whether the request would impose an undue financial or administrative
burden on the city;
f. whether the requested accommodation would impose an undue financial
or administrative burden on the city; and
g. any other factor that may have a bearing on the request.
3. The director, or their designee’s, written decision, including notice of the
right to appeal, must be mailed to the applicant and to the owners of all properties
that are immediately adjacent to the property that is the subject of the request. An
aggrieved party may appeal the director's decision to the city council by submitting
a written request setting forth fully the grounds of the appeal to the city clerk within
10 days after the decision was mailed to that party. The director's decision is the
final decision of the city, unless properly appealed to the city council. Only the
aggrieved applicant and immediately adjacent property owners who received notice
of the written determination have a right to appeal.
§ 295.04 Transferability.
Any approved request shall allow the property owner or occupant to continue to
rely upon such accommodation only so long as they own or occupy the property.
Approval of a reasonable accommodation does not constitute a property right, does
not run with the land, and does not provide future owners or occupants any rights
to rely upon such accommodation approvals unless the director, or their designee,
determines and provides a written decision that:
1. the accommodation is physically integrated into the residential structure
and cannot easily be removed or altered; or
2. the accommodation is to be used by another individual with a disability
who, pursuant to the procedure above, submits an application, fee, and required
materials.
3

§ 295.05 Conditions and Guarantees.
The director, or their designee, may require that the applicant record a covenant
agreeing to comply with conditions established in the determination before the
issuance of any permits related to an approved reasonable accommodation with
respect to the use of real property.
SECTION 2. Chapter 5 (Nuisances, Offenses, and Other Regulations) of the Big
Lake Municipal Code is hereby amended to delete the stricken material and add the
underlined material as follows to §510 (WEEDS AND GRASS):
§ 510.01 DefinitionsWeeds Defined.
For the purpose of this section, the following definitions apply unless the context
clearly indicates or requires a different meaning.
Managed Natural Landscape. A planned, intentional, and maintained planting of
native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but
not limited to rain gardens, meadow vegetation, and ornamental plants. Managed
natural landscapes do not include grass left unattended for the purpose of returning
to a natural state and may not include noxious weeds.
“Weeds.s,” as used in this section, shall mean not only Ssuch noxious weeds as are
enumerated by the State Noxious Weed Law, M.S. §§ 18.75 et. seq., and acts
amendatory thereto, but also such useless and troublesome plants as are commonly
known as weeds to the general public. Weeds shall also be construed to mean all
rank vegetable growth which exhales unpleasant or noxious odors, and also high
rank vegetable growth that may conceal filthy deposits.
And
§ 510.02 A Nuisance.
Any weeds or grass growing upon any lot or parcel of land, including the lands
between the curb line of the street or alley and the property line of private
properties to a height greater than eight inches one foot, or which are about to go to
seed, are hereby declared to be a nuisance and dangerous to the health, safety, and
good order of the city; excluding managed natural landscapes, storm sewer holding
ponds, storm sewer drainage areas, surface water drainage areas, wet lands,
shoreline vegetation, nature preserve, and other unplatted property.
SECTION 3. Chapter 5 (Nuisances, Offenses, and Other Regulations) of the Big
Lake Municipal Code is hereby amended to delete the stricken material and add the
underlined material as follows to §550.02 (Failure to Clean Sidewalks):

4

Subd. 1. Whenever the owner or occupant of any premises in the city fails to clear
their sidewalk of snow and loose or melting ice within 24 hours after the completion
of any snowfall, or fails to maintain the clearance of their sidewalk thereafter, the
city or its authorized contractor shall serve a notice on the owner or occupant of the
lot or parcel of land, clear the sidewalk, and bill the property owner for all costs.
Such notice shall state that in case of further non-compliance, the clearing of
sidewalks will be done by the city or its authorized contractor at the owner’s
expense. The owner of the property will be determined as shown by the records of
the office of the County Recorder. When the premises shall appear to be vacant and
unoccupied or when the owner or occupant cannot be found, then notice may be
served by posting upon the premises in a conspicuous place.Notice of sidewalk
clearing and related fees shall be provided annually.
Subd. 2. For each successive violation concerning clearing of snow and loose or
melting ice from sidewalks, the city will post a notice of violation on the property
stating that the city or its authorized contractor will, without further notice, correct
the conditions creating such violations and assess the cost there for against the
property. The City Council shall determine an hourly rate for clearing of sidewalks.
SECTION 4. Chapter 6 (Traffic and Motor Vehicles) of the Big Lake Municipal
Code is hereby amended to delete the stricken material and add the underlined material
as follows to §620.03 (Parking, Stopping, Standing):
16. In an area designated as a fire lane; or
17. Move a vehicle not owned by the person into any prohibitive area or away
from a curb such distance as is unlawful.; or
18. Within ten feet of a mailbox during the hours of 8:00 a.m and 6:00 p.m
Monday through Saturday.
SECTION 5. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1001.02 (Definitions):
Accessory Structure. A structure subordinate to, incidental to, and/or serving the
principal structure on the same lot (or immediately adjacent lot in the R-5
districtexcept as permitted by Section 1006.7, Subd. 8 of this chapter) and the use of
which is clearly incidental to that of the main building or to the use of the premises.
Examples of accessory structures include detached garages, greenhouses, gazebos,
ice-fishing shacks, storage sheds, tool sheds, platforms, trash enclosures, and the
like.
And

5

Accessory Structure, Water-Oriented. A small, above ground building or other
improvement, except stairways, fences, docks, and retaining walls, which, because of
the relationship of its use to surface water, reasonably needs to be located closer to
public waters than the normal structure setback. Examples of such structures and
facilities include, watercraft and watercraft equipment storage structures, gazebos,
screen houses, fish houses, pump houses, patios, and detached decks. Boathouses
and boat storage structures given the meaning under Minnesota Statutes, Section
103G.245 are not water-oriented accessory structures.
And
Accessory Structure or Facility (Shoreland). Any building or improvement
subordinate to a principal use which, because of the nature of its use, can reasonably
be located at or greater than normal structure setbacks.
And
Animals. See City Code subsection 380.01390.01 for animal definitions.
And
Bluff (Shoreland). A topographic feature such as a hill, cliff, or embankment having
all of the following characteristics:
1. Part or all of the feature is located in a shoreland area;
2. The slope rises at least 25 feet above the ordinary high water level of the
water body;
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% or greater; except an area with an
average slope of less than 18% over a distance for 50 feet or more shall not be
considered part of the bluff; and
4. The slope must drain toward the water body.; and
5. An area with an average slope of less than 18% over a distance for 50 feet or
more shall not be considered part of the bluff.
And
Boathouse. A facility as defined by Minnesota Statutes, Section 103G.245.
And
Buffer. The use of land, topography, difference in elevation, space, fences, or
landscape plantings, including perennial vegetation, to screen or partially screen a
use or property from another use or property to shield or mitigate undesirable
influences such as: sight, noise, dust, lights, runoff pollution, and other external

6

impacts; and, when adjacent to bodies of water, stabilizes soils, shores, and banks
and provides riparian corridors.
And
Business. Any establishment, occupation, employment, or enterprise where
merchandise is manufactured, exhibited, or sold, or where services are offered for
compensation.
And
Catering/Commercial Kitchen. An establishment where meals are regularly
prepared for consumption within an on-site event center or catered to off-site
events. having a minimum seating capacity of 160 providing food and beverages
service, which may include accessory on-sale liquor and live entertainment, where
meals are regularly prepared on the premises and served at tables for special events
sponsored by persons or entities who are members of the general public, but which
is not open for business on a daily basis, and which may provide catering services
for special events for consumption off the premises.
And
Commissioner (Shoreland). Commissioner of the Department of Natural Resources.
And
Contractor Operation. An area and/or building devoted to use by a person who
contracts to supply certain materials or to perform certain work in the field of
building or construction trades. A contractor operation may include an exterior
storage yard for the storage of materials, vehicles, and machinery associated with
the business operation.
And
Data Center. A facility used primarily for the management, storage, processing, and
transmission of digital data which contains computer or network equipment,
systems, services, appliances, and other associated components related to digital
data storage and operations.
And
Duplex, Triplex, and Quad. A dwelling structure on a single lot, having two, three,
and four units respectively; being attached by common walls and each unit
equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
And
Dwelling, Two-Family. A building designed exclusively for occupancy by two
families in separate dwelling units.
1. Duplex. A two-family dwelling with one unit above the other.
7

2. Twinhome. A two-family dwelling with two units side by side.
Dwelling Unit. A dwelling unit is a single unit providing complete, independent
living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation. Dwelling units may be located within
single-family, two-family, townhouse or multiple-family buildings.
1. In the Shoreland Management Overlay District, a Dwelling Unit may be
designed as short- or long-term living quarters and includes accommodations such
as motels, hotels, resort rooms, and cabins.
Dwelling Unit (Shoreland). Any structure or portion of a structure, or other shelter
designed as short- or long-term living quarters for one or more persons, including
rental or timeshare accommodations such as motel, hotel, resort rooms, and cabins.
And
Essential Service Structures. Structures and buildings necessary for the operation of
essential services, including, but not limited to: telephone buildings, telephone
booths, gas regulator stations, substations, electrical stations, water tanks, water
towers, and lift stations. Essential service structures shall not include
transmission/reception antennas or electric transmission lines in excess of 35 KV
and associated poles, towers and other appurtenances 60 feet or more in height
above the natural ground level.
And
Event Center. A facility located on private property with a minimum seating capacity
of 160 that primarily functions to provide space for special events with or without
live entertainment, such as receptions, weddings, dances, or meetings, that are
sponsored by persons or entities who are members of the general public. Food and
beverage may be catered to the site or be provided through an on-site
commercial/catering kitchen. An event center may include accessory on-sale liquor.
a facility for any type of social gathering that is available for use by various groups
for such activities as public assemblies, meetings, private meetings, retreats, parties,
weddings, receptions, and dances.
And
Extractive Use. The use of land for surface or subsurface removal of sand, gravel,
rock, industrial minerals, other nonmetallic minerals, and peat not regulated
under Minnesota Statutes, Sections 93.44 to 93.51.
And
Feedlots. A lot or building or combination of lots and buildings intended for the
confined feeding, breeding, raising, or holding of animals and specifically designed
as a confinement area in which manure may accumulate, or where the concentration
of animals is such that a vegetative cover cannot be maintained within the

8

enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and
barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches,
and zoos shall be considered to be animal feedlots. Pastures shall not be considered
animal feedlots, nor shall any area as above described which contains ten or fewer
farm animals or less.
And
Forest Land Conversion. The clear cutting of forested lands to prepare for a new
land use other than reestablishment of a subsequent forest stand.
Funeral Home.
1. A building or part thereof used for human funeral services. Such building
may contain space and facilities for:
a. Embalming and the performance of other services used in the preparation
of the dead for burial;
b. The performance of autopsies and other surgical procedures;
and

c. The storage of caskets, funeral urns, and other related funeral supplies;
d. The storage of funeral supplies.
2. This classification excludes cemeteries and crematoriums.

Garage. An accessory building or accessory portion of the principal building which is
intended for and used to store the private passenger vehicles and trucks.
And
Health Club. A facility place of assembly and activity where membership may be
required and is directed toward the general public with the commercial promotion
of sports and physical fitness. Uses include, but are not limited to, personal training,
gymnastics, martial arts, aerobics, exercise, and dance studios.
Home Occupation. Any activity engaged in by the occupant of a residential dwelling
unit, which is carried out for business purposes and which activity is clearly
incidental and secondary to the residential use of the premises, and which activity
does not change the residential character thereof. This includes home offices used
for conducting affairs of a recognized business, profession or service solely by the
occupant of the dwelling and does not involve the on-site sale of products or
client/patron site visitations. “Home occupation” does not include any cannabis
business or hemp business, as defined in Minnesota Statutes Chapter 342 as
amended, or any business licensed under Minnesota Statutes Chapter 18K as
amended.
And

9

Intensive Vegetation Clearing (Shoreland). The complete removal of trees or shrubs
in a contiguous patch, strip, row, or block.
And
Lot (Shoreland). A parcel of land designated by plat, metes and bounds, registered
land survey, auditors plot, or other accepted means and separated from other
parcels or portions by said description for the purpose of sale, lease, or separation.
And
Lot, Controlled Access. A lot used to access public waters or as a recreation area for
owners of non-riparian lots within the same subdivision containing the controlled
access lot.
And
Lot Width. The horizontal distance between the side lot lines measured at right
angles to the lot depth, at the minimum front building setback line. For riparian lots,
lot width is also the horizontal distance between side lot lines at the ordinary high
water level.
Lot Width (Shoreland). The shortest distance between lot lines measured at the
midpoint of the building line.
And
Managed Natural Landscape. A planned, intentional, and maintained planting of
native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but
not limited to rain gardens, meadow vegetation, and ornamental plants. Managed
natural landscapes do not include turf-grass lawns left unattended for the purpose
of returning to a natural state and may not include noxious weeds.
And
Non-Conforming Structure, Parcel, or Use, Illegal. A structure or use that has been
established in a manner that does not conform to the applicable conditions required
by the regulations in place at the time the structure or use was established.
Non-Conforming Structure, Parcel, or Use, Legal. Any lawfully established structure
or use which, on April 26, 2023 (effective date of the ordinance from which this
chapter is derived) does not conform to the applicable conditions if the structure or
use was to be erected under the guidance of this chapter.
Non-Conformity (Shoreland). Any legal use, structure, or parcel of land already in
existence, recorded or authorized before the adoption of official controls or
amendments thereto that would not have been permitted to become established
under the terms of the official controls as now written, if the official controls had
been in effect prior to the date it was established, recorded, or authorized.

10

And
Office, Professional or MedicalBusiness (General). An establishment located within a
building or portion of a building for the conduct of business activities involving
predominantly professional, administrative, or clerical, or medical service
operations including attorneys, financial advisors, consultants, insurance, travel,
outpatient medical services, and other uses of similar character.
Office/Warehouse: A building or group of buildings that combine office functions
with warehousing. storage. or light industrial activities. The office component may
include administrative. sales. or support functions directly related to the
warehousing or industrial operations conducted on-site. The use shall not include
retail sales to the general public unless specifically permitted.
And
Ordinary High Water Level (Shoreland). The boundary of public waters and
wetlands, and shall be an elevation delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary
high water level is the elevation of the top of the bank of the channel. For reservoirs
and flowages, the ordinary high water level shall be the operating elevation of the
normal summer pool.
Outdoor Storage (Exterior Storage). Any open land used or occupied for the purpose
of outdoor storage of material, equipment, or products not including uses defined as
“temporary outdoor seasonal sales.”. Outdoor storage shall not include the
temporary parking of licensed and operable motor vehicles in designated parking
stalls, or trucks being serviced in designated loading areas, except in an outdoor
storage yard accessory to a contractor operation. or uses defined as “temporary
outdoor seasonal sales.”
And
Parking Facility, Commercial. A commercial parking facility owned and operated by
the city or by a private entity and designed to accommodate the off-street parking of
motor vehicles. Such parking may be located in a structured parking ramp facility, a
surface lot, or a combination thereof.
And
Parking Ramp. A structure or portion of a structure composed of one or more levels
or floors used for the parking of vehicles and which may be totally below grade (as in
an underground garage) or either partially or totally above grade with those levels
being either open or enclosed.
And

11

Place of Assembly. A structure or portion of a structure where facilities are provided
primarily for the gathering of people for civic, educational, political, social, or
religious purposes.
Place of Public Accommodation. A business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind, whether licensed or
not, whose goods, services, facilities, privileges, advantages or accommodations are
extended, offered, sold, or otherwise made available to the public.
Places of Worship. Any place of worship, A place of assembly used for religious
purposes, including any church, synagogue, temple, mosque, or other building or
facility, primarily engaged in religious worship. The term does not include uses,
such as schools, recreational facilities, day care or child care facilities, kindergartens,
dormitories, or other facilities, for temporary or permanent residences, which are
connected or related to the worship facility or the principal buildings on the site, or
are located on the same site, even if the curriculum or services offered as part of
such use includes religious services and/or training.
And
Planned Unit Development (Shoreland). A type of development characterized by a
unified site design for a number of dwelling units or dwelling sites on a parcel,
whether for sale, rent, or lease, and also usually involving clustering of these units or
sites to provide areas of common open space, density increases, and a mix of
structure types and land uses. These developments may be organized and operated
as condominiums, cooperatives, full fee ownership, commercial enterprises, or any
combination of these, or cluster subdivisions of dwelling units, residential
condominiums, townhouses, apartment buildings, campgrounds, recreational
vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to
these uses.
Planned Unit Development, Commercial (Shoreland). Uses that typically provide
transient, short-term lodging spaces, rooms, or parcels and their operations are
essentially service oriented. For example, hotel/motel accommodations, resorts,
recreation vehicle and camping parks, and other primarily service oriented
activities are commercial planned unit developments.
Planned Unit Development, Residential (Shoreland). A use where the nature of
residency is non-transient and the major or primary focus of the development is not
service oriented. For example, residential apartments, time share condominiums,
townhouses, cooperatives, and full fee ownership residences would be considered
as residential planned unit developments.
And
Public, Educational, and Religious Buildings. Buildings arranged for public use (as
defined below), the purposes of instruction, or religious worship.
And
12

Public Waters. Waters of the state Any water as defined in M.S. § 103G.005, subd. 15
and 15a, as amended from time to time.
And
Semi-Public Use. The use of land by a private, nonprofit organization to provide a
public service that is ordinarily open to some persons outside the regular
constituency of the organization.
And
Setback. The minimum required distance between a building or structure and the
property line nearest thereto;
1. Wwithin shoreland districts the Shoreland Management Overlay District, it
shall also mean the minimum horizontal distance between a structure, sewage
treatment system, or other facility and an ordinary high water level, sewage
treatment system, top of a bluff, road, highway, property line, or other facility.
2. In cases where there is no foundation, setbacks shall be measured to the
closest part of the structure to the lot line and/or right-of-way line and/or ordinary
high watermark.
And
Sewer System. Pipelines or conduits, pumping stations, and force main, and all other
construction, devices, appliances, or appurtenances used for conducting sewage or
industrial waste or other wastes to a point of ultimate disposal.
And
Shore Impact Zone (Shoreland). Land located between the ordinary high water level
of a public water and a line parallel to it at a setback of 50% of the structure setback.
Shoreland (Shoreland). Land located within the following distances from public
waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
300 feet from a river or stream, or the landward extent of a floodplain designated by
ordinance on a river or stream, whichever is greater. The limits of shorelands may
be reduced whenever the shoreland of water bodies with different classifications
overlap and waters involved are bounded by topographic divides which extend
landward from the waters for lesser distances and when approved by the
Commissioner.
Shore Recreation Facilities. Swimming areas, docks, watercraft mooring areas and
launching ramps and other water recreation facilities.
And
Slope, Steep. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site’s
soil characteristics, as mapped and described in available county soil surveys or
13

other technical reports, unless appropriate design and construction techniques and
farming practices are used in accordance with the provisions of this chapter. Where
specific information is not available, steep slopes are lLands having average slopes
over 12%, as measured over horizontal distances of 50 feet or more, that are not
bluffs.
And
Structure. Anything constructed or erected on the ground or attached to the ground
or on-site utilities, including, but not limited to, buildings, decks, sheds, detached
garages, cabins, manufactured homes, and travel trailers/vehicles, and excluding
aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas
lines, towers, poles, and other supporting facilities.
And
Subdivision (Shoreland). Land that is divided for the purpose of sale, rent, or lease,
including planned unit developments.
Substandard Use (Shoreland). Any use of shoreland in existence prior to the date of
enactment of the ordinance from which this chapter is derived (October 29, 1985),
which shall be permitted within the applicable zoning districts, but do not meet the
minimum lot area, setbacks, or other dimensional requirements of this chapter, shall
be considered substandard uses.
And
Surface Water-Oriented Commercial Use. The use of land for commercial purposes,
where access to and use of a surface water feature is an integral part of the normal
conduct of business. Marinas, resorts, and restaurants with transient docking
facilities are examples of such use.
And
Warehouse. A building or part of a building used primarily for the storage of goods,
materials, merchandise, or equipment. Warehouses may include loading docks and
facilities for the receipt, storage, and distribution of goods but shall not include
retails sales to the general public unless otherwise permitted. Data centers and
manufacturing facilities are not warehouses.
And
Water-dependent use. The use of land for commercial, industrial, public or semipublic purposes, where access to and use of a public water is an integral part of the
normal conduct of operation. Marinas, resorts, and restaurants with transient
docking facilities are examples of uses typically found in shoreland areas.
Wetlands. Lands transitional between terrestrial and aquatic systems where the
water table is usually at or near the surface or the land is covered by shallow water,
as defined by Minnesota Rule, part 8420.0111.

14

SECTION 6. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1003.05 (Use Table):
TABLE 1
Use

AG

R-1

R-2

Accessory dwelling unit

C

C

C

Accessory structures and
uses incidental and
customary to the uses
allowed

AP

AP

AP

AP

AP

AP

Agriculture, farms, nursery
farms, greenhouses for
growing only, landscape
gardening, including sale of
products only grown on
premises

P

Alternative energy systems

AP

AP

AP

AP

AP

AP

A, AP,
C,
P

A,
AP,
C,
P

A, AP,
C,
P

A, AP,
C,
P

A,
AP,
C,
P

A, AP,
C,
P

Antennas
Assisted living facility
Cannabis cultivation
(outdoor)

R-3

R-4

R-5

Code
Reference

C

Subsection
1006.07

C

Subsection
1005.012

Subsection
1005.08
Subsection
1005.02
Subsection
1006.07

P

Subsection
1005.15

Cemeteries and memorial
gardens

C

Day care facility,
commercial

C

Day care facility, in home

A

C

C

Subsection
1006.07
Subsection
1006.07

A

A

A

Detached accessory
structure (off-site)
Dwelling, multifamily

P

15

A

A

Subsection
1006.07

C

Subsection
1006.07

TABLE 1
Use
Dwellings, single-family
detached

AG

R-1

R-2

P

P

P

R-3

R-4

R-5

Code
Reference

P

Dwellings, townhomes

P

P

C

Dwellings, two-family

P

P

C
Subsection
1005.04,
1006.07

Essential services

P, AP,
C

P, AP,
C

P, AP,
C

P, AP,
C

P, AP,
C

P, AP,
C

Fences

AP

AP

AP

AP

AP

AP

Subsection
1006.05

Garage

A

A

A

A

A

A

Subsection
1005.01,
1006.0402

Gardening and other
horticultural uses, with no
sale of products on
premises

A

A

A

A

A

A

Geothermal system

AP

AP

AP

AP, I

AP

AP

Subsection
1005.08

Golf courses, archery
ranges, ski clubs, and other
private recreational land
uses of a similar nature

P

Grading and mining
operations

I

I

I

I

I

I

Subsection
1005.05

Grading, ϐilling, and
excavating

AP

AP

AP

AP

AP

AP

Subsection
1005.05

Home occupations

A, C

A, C

A, C

A, C

A, C

A, C

Subsection
1005.12

Keeping of animals

A

A

A

A

A

A

Section 390

Kennels, commercial

I

Subsection
1006.07

Manufactured home park

C

16

TABLE 1
Use

AG

R-1

R-2

R-3

R-4

R-5

Code
Reference

AP

AP

AP

I

AP

Subsection
1005.06

A

A

A

A

Subsection
1006.03

Model homes/temporary
real estate ofϐice
Off-street loading
Outdoor wood burner

A

A

A

A

A

A

Public, educational, and
religious buildingsPlaces of
assembly

C

C

C

C

C

C

Recreation, public

P

P

P

P

P

P

Recreational ϐield,
structure, or building

C

C

C

C

C

C

Subsection
1006.07

Recreational vehicles

A

A

A

A

A

A

Subsection
1005.07

Septic and well

I

Short-term rental housing

AP

AP

AP

AP

Signs

A

A, C

A, C

A, C

Solar farms and gardens

I

Solar, ground-, roof-, or
building-mounted,
accessory

A

A

P

P

State licensed residential
facility (6 or fewer people)

Subsection
1006.07

Subsection
1006.07

A, C

AP

Subsection
1006.07

A, C

Section 1300
Subsection
1005.08

State licensed residential
facility (7 or more people)

A

A

A

A

P
C

C

C

Subsection
1006.07

Temporary classroom

I

I

I

I

I

I

Temporary mobile towers
for personal wireless
service antennas

AP

AP

AP

AP

AP

AP

17

Subsection
1005.08

Subsection
1005.02

TABLE 1
Use

AG

R-1

R-2

R-3

R-4

R-5

Code
Reference

Temporary structures and
uses

AP

AP

AP

AP

AP

AP

Subsection
1002.10

A

A

A

A

A

A

A, C

A, C

A, C

A, C

A, C

A, C

Subsection
1005.08

Section
Reference

Uses incidental and directly
related to public and private
recreational facilities
Wind energy conversion
system
And

Table 2
Use

B-1

B-2

CI

I-1

I-2

I-3

Accessory structures and
uses incidental and
customary to the uses
allowed

AP

AP

AP

AP

AP

AP

Animal hospital

P

P

P

P

P

P

Animal grooming and
veterinary clinic

P

P

P

P

P

P

A,
AP,
C,
P

A,
AP,
C,
P

A, AP,
C,
P

A,
AP, C,
P

A,
AP,
C,
P

A,
AP,
C,
P

Artisan studio/makerspace

P

P

P

P

Auction facility

P

P

P

P

Antennas

Automobile repair
(major/minor), with a retail
component

P

P
Subsection
1006.07

P
P

P

18

Subsection
1005.02

P

C

Automobile repair, major
Banks, credit unions, and
other ϐinancial institutions

Subsection
1005.012

P

P

P

Table 2
Bed and breakfast
establishment

P

P

Breweries, taproom

P

P

P

Brewpubs

P

P

P

P

P

P

Cannabis cultivation
(indoor)

P

P

P

P

P

P

Subsection
1005.15

Cannabis manufacturing,
processing, extraction

P

P

P

P

P

P

Subsection
1005.15

Cannabis retail

P

P

P

P

Cannabis wholesale

P

P

P

P

Canopies

A

A

Car wash

C

C

Catering/commercial
kitchen

P

P

P

P

P

Day care facility,
commercial

C

C

Day care, as a conditional
accessory use

Subsection
1005.15
Subsection
1006.07
Subsection
1006.07

P

P
P

Co-working space/ϐlexible
ofϐice space

P

A

Contractor’s operations

Dispatch center

Subsection
1005.15

P

P

P

Subsection
1006.07
P
Subsection
1006.07

C

C

C

P

P

C

Subsection
1006.07

P

Distribution center
Drive through lanes

A

A

Dry cleaning, laundromat,
laundry service

P

P

19

Subsection
1006.07

Table 2
P, AP,
C

P,
AP, C

P, AP,
C

P, AP,
C

P,
AP,
C

P, AP,
C

Event center

P

P

P

P

P

P

Farmer’s market

AP

AP

AP

AP

AP

AP

Fences

AP

AP

AP

AP

AP

AP

Essential services

Firearm range

Subsection
1006.054

C

Funeral homes and
mortuaries

P

P

P

P

P

P

Garage, private

A

A

A

A

A

A

Geothermal system

AP, I

AP, I

AP, I

AP, I

AP, I

AP, I

Grading, land ϐilling, and
excavation

AP, I

AP, I

AP, I

AP, I

AP, I

AP, I

P

P
P

P

Grocery, supermarket

Subsection
1005.08
Subsection
1005.05

P

Health clubs
Hemp manufacturing

Subsection
1005.04,
1006.07

P
P

P
P

P

P

Hospitals and medical
campus

P

P

P

Hotels and motels

P

P

P

A

A

Keeping of animals

P

P

A

P

Section 390

I

I

Subsection
1006.07

P

P

P

P

P

P

P

P

Kennels, commercial
Laboratories
Liquor, on-sale or off-sale

P

P

Manufacturing,
compounding, assembly,
packaging, treatment of
products

C

C

20

Subsection
1005.15
P

Table 2
Motor fuel station

C

C

Motor vehicle sales, service,
leasing/rental, and repair
(major/minor)

Subsection
1006.07

C

C

C

Motor vehicle sales, indoor

P

Retail and personal service
business

P

P

P

Ofϐices,
professional/medical

P

P

P

Ofϐice/warehouse or
business
Off-street loading

Subsection
1006.07

A

A

Open sales lot

P

P

P

A

A

A

A

Subsection
1006.03

AP

AP

AP

AP

Subsection
1006.07

A

Outdoor dining, accessory

AP

AP

Outdoor sales, and services,
and rentals accessory

C

C

Subsection
1006.07 and
1005.14

Outdoor storage, accessory

I

AP, I

Subsection
1006.03

Parking facility, commercial

C

C

C

C

Parking ramp

P

P

P

P

Places of assembly

C

C

C

C

C

C

P

P

P

P

Processing or fabrication

C
P

P

Public, educational, and
religious buildings

C

C

C

C

C

C

Radio and television
stations

P

P

P

P

P

P

21

Subsection
1006.07
and 1005.14

Subsection
1006.07

Subsection
1006.07

Table 2
Recreation, commercial

P

P

P

P

P

Recreation, ϐield, structure,
or building

C

C

C

C

C

C

Recreation, public

P

P

P

P

P

P

Restaurant

P

P

P

Restaurant/cafeteria
accessory to an allowed use

A

A

A

A

A

A

P

P

P

P, A

P, A

P, A

P, A

Subsection
1005.11

Section 1300

Self-service storage facility
Sexually oriented business

P, A

P, A

Shopping center
Signs

Solar, ground-, roof-, or
building-mounted,
accessory

A,
AP, C

A,
AP, C

A, AP,
C

A, AP,
C

A,
AP,
C

A,
AP, C

A

A

A

A

A

A

C

C

AP

AP

AP

P

P

P

P

I
AP

Trade or business schools
Transit station

Subsection
1005.08

P

Storage, containerized
Temporary structures and
uses

Subsection
1006.07

P

Sports arena and stadiums
State licensed residential
facility (> 7 or more
persons)

Subsection
1006.07

P

AP

AP

P

P

P

P

Truck or freight terminal

C

Vehicle rental, accessory

Subsection
1006.07

I

Warehouse

Subsection
1006.07
P

22

Subsection
1002.10

P

P

Table 2
Wholesale showrooms,
warehousing, and indoor
storage
Wind energy conversion
system

A, C

P

P

P

P

P

A, C

A, C

A, C

A, C

A, C

Subsection
1005.08

SECTION 7. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1004.06 (Transit Oriented Development District), Subd. 3, Table 23:
Conditional Uses
Accessory outdoor seating
associated with food service
businesses

Accessory outdoor seating
associated with food service
businesses

Parking facility, commercial
Commercial parking lots and
structures (as a principal use)

Convenience stores with gas

Commercial recreation (indoor)
Stadiums and sports facilities
over 10,000 seats
Grocery stores over 10,000
square feet
All permitted uses in the B-2
Neighborhood Business District
not already permitted in the
Station Zone

Restaurants with drivethrough facilities
Hotels
Hospitals
Places of assembly Public,
educational, and religious
buildings and m
Municipal government
buildings
All permitted uses in the B-2
Neighborhood Business
District not already
permitted in the Midway
Zone

All conditional uses as
allowed within the B1, Business Campus
Zoning District
Office/warehouse
Places of assembly
Public, educational,
and religious
buildings and m
Municipal
government buildings
All conditional uses as
allowed within the R3 High Density
Residential Zoning
District

SECTION 8. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1004.06 (Transit Oriented Development District), Subd. 4:

23

4. Parking StructuresRamps.
a. Parking structures ramps shall incorporate pedestrian walkways and
connections to the neighborhood sidewalk system.
b. Parking structures ramps are encouraged to include ground level retail
uses along streets and sidewalks.
c. Parking structures ramps shall adhere to the guidelines of the City
Downtown Design Standards. Application of the standards shall follow the same
procedure as in the Downtown Design Standards-Transition Zone.
SECTION 9. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1005 (GENERAL REQUIREMENTS):
§ 1005.11 Non-Conforming Buildings, Structures, Uses, and Lots.
Subd. 1. Non-Conforming Building, Structures, and UsesPurpose and General
Provisions. It is the purpose of this subsection to provide for the regulation of nonconforming buildings, structures, lots, and uses and to specify those requirements,
circumstances and conditions under which non-conforming buildings, structures,
lots, and uses may be operated and maintained. The zoning ordinance establishes
separate districts, each of which is an appropriate area for the location of uses,
which are permitted in that district. It is necessary and consistent with the
establishment of these districts that non-conforming buildings, structures, lots, and
uses not be permitted to continue without restriction. Furthermore, it is the intent
of this subsection that all non-conforming structures, uses and lots shall be
eventually brought into conformity with this chapter.
1. Grandfather Clause. Any structure, or use, or lot of record lawfully existing
on July 20, 2002 (effective date of chapter) shall not be altered in a manner to
increase enlargedthe non-conformity, but may be continued in a manner which does
not increase the non-conformity at the size and in the manner of operation existing
upon such date except as hereinafter specified or subsequently amended.
2. Remedial Work. Nothing in this chapter shall prevent the placing of a
structure in safe condition when said structure is declared unsafe by the Building
Official providing the necessary repairs shall not constitute more than 50% of fair
market value of such structure. The County Assessor will determine said fair market
value.
2. Conditional Uses. Any established use, building or lot legally existing prior
to July 20, 2002 and which is herein 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
24

permit be processed according to this chapter.
3. Normal Maintenance.
Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary non-structural repair
and incidental alterations, which do not extend or intensify the non-conforming
building or use. Repairs shall be considered structural if they relate to foundations,
walls, rafters, joists, headers, beams, timbers, structural sheathing, structural siding,
or similar items.
3. Interim Uses. Any established use, building or lot legally existing prior to
July 20, 2002, and which is herein classified by this chapter as requiring an interim
use permit may be continued in like fashion and activity and shall automatically be
considered as having received interim use permit approval. Any change to such a
use or building shall, however, require a new interim use permit be processed
according to this chapter.4. Reversal of Non-Conformity. When any 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 non-conforming use
45. Reduction of Non-Conformity. A lawful non-conforming use, structure, or
lot of record a structure or parcel of land may be changed to lessen the nonconformity of use. Once a non-conforming use, structure or lot of record parcel of
land has been changed, it shall not thereafter be so altered as to increase the nonconformity. 6. Restoration and Alteration.
a. Restoration. No lawful non-conforming building or structure which has
been damaged by fire, explosion, rot, decay, act of God or the public enemy, to the
extent of more than 50% of its value, as determined by the County Assessor, shall be
restored, except in conformity with the regulations.
b. Alterations to Lawful
Non-Conforming Structures. Alteration and normal maintenance to a lawful nonconforming building or structure may be made, provided:
i. The alterations do not expand the building size;
ii. The alterations do not change the building occupancy capacity or parking
demand; and
iii. The alteration does not increase the number of bedrooms in any
dwelling unit.
c. Decks. Lawful non-conforming single-family detached dwelling units in the
R-1, R-1E, R-2, and R-5 districts may be expanded by adding a deck, provided that
the deck itself meets the current zoning regulations, including all setback
requirements. Structures that are lawful non-conforming due to a failure to meet the
required setback from the ordinary high water level shall be subject to the
conditions of subsection 1005.01.
7. Discontinuance. Whenever a lawful non-conforming use of a structure or
land is discontinued for a period of one year, following written notice from an

25

authorized agent of the city, any future use of said structure or land shall be made to
conform to the provisions of this chapter.
85. Threats to General Welfare. Non-conforming buildings structures and/or
uses, which based upon documented study and evidence, pose a danger and/or
threat to the health, safety, and general welfare of the community, shall:
a. Be legally described as a nuisance by the City Council; and
b. Upon being identified by the City Council and upon the owner being
notified in writing by the Zoning Administrator, the owner shall provide to the City
Council a documented time schedule and program, which will result in the
termination or correction of the non-conformity.
i. The termination/correction time schedule shall be based upon, but not be
limited to, factors such as the initial investment and the degree of threat or danger
being posed.
ii. The acceptability of the time schedule shall be determined by the City
Council with right of appeal.
iii. In no case shall a time schedule exceed two years.
Subd. 2. Non-Conforming Structures
1. Remedial Work. Unless a building permit has been applied for within 180
days of when a property is damaged, no lawful non-conforming building or
structure which has been destroyed by fire or other peril to the extent of greater
than fifty (50) percent of its market value, as determined by the City Assessor, shall
be restored, except in conformity with the regulations of this Chapter. If a building
permit has been applied for within 180 days of when the property is damaged, the
City may impose reasonable conditions when issuing the permit in order to mitigate
any newly created impact on adjacent property..
2. Alterations and Expansions. Alterations and expansions to a lawful nonconforming building or structure may be made by increasing the structure’s height
or enlarging the structure area, provided:
a. The alteration or expansion does not increase the non-conformity and
complies with all other applicable performance standards.
b. The alteration or expansion meets the required setbacks from the public
right-of-way, side and rear lot lines, wetlands, lakes, sewer treatment system, well,
and all other requirements of this chapter (Figure 1), except that the expansion may
increase the height of the structure over any portion of the existing structure,
including those areas which encroach on the required setbacks, provided the
footprint of the structure is not expanded to increase the non-conformity. For
example, a second floor area may be added or expanded to meet the nonconforming setback over an existing non-conforming first floor so long as the nonconforming area of the first floor is not expanded.
26

Figure 1. Example of an Allowable Expansion to a Non‐Conforming Structure

c. Long-term sewage disposal needs can be met.
3. Non-Conforming Structures in a Floodplain District. Notwithstanding the
foregoing paragraphs, any restoration, alteration, replacement, repair, or expansion
of a structure located within the floodplain overlay district shall be regulated to the
extent necessary to maintain eligibility in the National Flood Insurance Program,
and in no case shall increase potential flood damage or increase the degree of
obstruction to flood flows in the floodway.
4. Non-conformity or increased non-conformity due to a government action.
Where a government action such as a court order or taking by a governmental body
under eminent domain or negotiated sale creates or increases a legal nonconformity, the lot owner shall be entitled as a matter of right to obtain a variance to
allow the same degree of property improvement or building expansion as was
allowed prior to the government action, or to maintain such buildings or structures.
This provision shall not apply to acquisitions taking place in the normal course of
the land subdivision (platting or replatting) process.
Subd. 3. Non-Conforming Uses
1. Effective Date. The lawful use of buildings or land existing at the effective
date of this chapter which does not conform to the provisions of this Chapter may be
continued, unless:
a. The non-conformity or occupancy is discontinued for a period of more
than one year.
b. Any non-conforming use is destroyed by fire or other peril to the extent of
greater than fifty (50) percent of its market value, as determined by the City
Building Official, and no building permit has been applied for within 180 days of
when the property is damaged. If a building permit has been applied for within 180
days of when the property is damaged, the City may impose reasonable conditions
when issuing the permit in order to mitigate any newly created impact on adjacent
property.

27

c. Notwithstanding item (b) above, any non-conforming use located in the
floodplain overlay district that is destroyed by fire or other peril to the extent of
greater than fifty (50) percent of its market value, as determined by the City
Building Official, shall be regulated to the extent necessary to maintain eligibility in
the National Flood Insurance Program, and in no case shall be continued or reestablished in a manner that results in potential flood damage or obstructs flood
flows in the floodway.
2. Continued Use. A lawful, non-conforming use may be continued, including
through repair, replacement, restoration, maintenance, or improvement; provided,
however, that no such non-conforming use of land shall be enlarged, increased, nor
shall any such non-conforming use be expanded to occupy a greater area of land
than that occupied by such use at the time of the adoption of this chapter, nor shall
any such non-conforming 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.
3. Changes to Non-Conforming Uses.
a. When a lawful non-conforming 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.
b. A lawful non-conforming use of a structure or parcel of land may be
changed to lessen the non-conformity of use. Once a non-conforming use of a
structure or parcel has been changed, it shall not thereafter be so altered to increase
the non-conformity.
Subd. 4. Non-Conforming Lots of Record
1. Construction on Non-Conforming Lots of Record.
a. Lots of record in the office of the County Recorder on the date of
enactment of this chapter that do not meet the requirements of this chapter may be
allowed as building sites without variances from lot size requirements under the
following provisions:
i. The use is permitted in the zoning district;
ii. The lot was created compliant with official controls in effect at the time;
iii. Sewage treatment and setback requirements of this chapter are met;
iv. The lot has been in separate ownership from abutting lands on or before
October 29, 1985.
v. All other dimensional requirements of this subsection shall be complied
with. However, in the event a property owner cannot comply with dimensional
requirements because of the limited size of the lot, that property owner shall be
required to obtain a variance where necessary to prevent hardship. A variance from
setback requirements must be obtained before any use, sewage treatment system,
28

or building permit shall be issued for a lot. In evaluating the variance, the Board of
Adjustment shall consider sewage treatment and water supply capabilities or
constraints of the lot and shall deny the variance if adequate facilities cannot be
provided; and
b. If, in a group of two or more contiguous lots under the same ownership,
any individual lot does not meet the requirements of this subsection, the lot must
not be considered as a separate parcel of land for the purposes of sale or
development. The lot must be combined with the one or more contiguous lots so
they equal one or more parcels of land, each meeting the requirements of this
subsection as much as possible (Figure 2).

Figure 2. Combination of Contiguously Owned Non-Conforming Lots

2. Non-conformity or increased non-conformity due to a government action.
Where a government action such as a court order or taking by a governmental body
under eminent domain or negotiated sale creates or increases a legal nonconformity, the lot owner shall be entitled as a matter of right to obtain a variance to
allow the same degree of property improvement or building expansion as was
allowed prior to the government action, or to maintain such buildings or structures.
This provision shall not apply to acquisitions taking place in the normal course of
the land subdivision (platting or replatting) process
Subd. 52. Floodplain District Non-Conforming Uses. Shall follow the requirements
set forth in subsection 1004.02.
SECTION 10. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.03 (Parking and Loading), Subd. 3:
Permit Required. An administrative permit is required for installation, expansion, or
replacement of residential driveways expansion and replacement, residential

29

parking pads, and parking lots, and parking ramps installation/expansion when
accessory to a principal use. A conditional use permit is required for the installation
or expansion of a commercial parking facility as a principal use.
SECTION 11. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.03 (Parking and Loading), Subd. 5:
10. Parking Ramps. Parking ramps shall be subject to the following additional
design standards.
a. Structure design and exterior building finishes shall be in compliance with
standards for non-residential uses in subsection 1006.04.
b. The structure must be designed to block the visibility of vehicle headlights
from the exterior.
c. The structure shall be screened and landscaped from abutting and
surrounding residential uses and the public right-of-way, in compliance with
subsection 1006.06.
d. Gates or access limiting devices must be designed and maintained to avoid
causing vehicle stacking within the public right-of-way.
SECTION 12. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.03 (Parking and Loading), Subd. 6:
Location. All accessory off-street parking facilities required by this chapter shall be
located and restricted as follows.
1. Required accessory off-street parking shall be on the same lot under the
same ownership as the principal use being serviced, except for combined or joint
parking facilities as regulated by this subsection.
2. Except for single-, two-family dwellings, head-in parking, directly off of and
adjacent to a public street, with each stall having its own direct access to the public
street, shall be prohibited.
3. There shall be no off-street surface parking or drive aisles within ten feet of
any property line within multiple-family, commercial, or industrial zoning districts.
The parking and drive aisle setback shall be increased to 20 feet where said facilities
are located adjacent to residentially zoned or used property. Parking ramps shall
meet the building setback as set forth in the underlying zoning district. The Zoning
Administrator may approve a zero-foot setback for shopping centers.

30

4. All lots having direct driveway access onto collector or arterial roads shall
provide turn around facilities on the lot to eliminate vehicles backing onto said
roads.
SECTION 13. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.03 (Parking and Loading), Subd. 9:
Table 27
Use

Parking Standard

Animal grooming, veterinary clinic, or
kennel hospitals and kennel

5 per 1,000 SF GFLA

Assisted living facility

One space for each 5 residents, based on the
building design and operational needs.

Automobile repair and motor fuel station

3 per 1,000 SF GFA interior sales area,
storage/display area, plus 2 per service bay

Bank or ϐinancial institution (with or
without a drive through)

4 per 1,000 SF GFA

Car wash

2, plus 1 per each 2 peak shift employees

Catering/commercial kitchen business

2 per 1,000 SF GFA

Clinic

4 per 1,000 SF GFA

Coffee shop

10 per 1,000 SF GFA

Day care facility

2 parking spaces, plus 1 space for every 5
participants based on the building design

Dwelling, multiple-family

2 per dwelling unit

Dwelling, single-family

2 enclosed spaces per dwelling unit

Dwelling, senior

1.5 per dwelling unit

Dwelling, townhouse

2 enclosed spaces per dwelling unit

Dwelling, two-family

2 enclosed spaces per dwelling unit

Grocery store

6 per 1,000 SF GFA

Health club

At least 15 spaces, plus 1 additional space for
each 300 square feet of ϐloor area over 2,000
square feet

High intensity/call centers and
telemarketing

6 per 1,000 SF GFA

Hospital

4 per 1,000 SF GFA

Large item retail sales

3 per 1,000 SF GFA

31

Manufacturing, fabricating, or processing of
a product or material

1.5 per 1,000 SF GFA

Medical laboratory

5 per 1,000 SF GFA

Motels, motor hotels, hotels

1.5 per dwelling unit, guest room, or hotel
room

Municipal administration buildings, post
ofϐice, and other public service buildings
Ofϐice, buildings, medical and professional
ofϐices

3 per 1,000 SF GFA
3 per 1,000 SF GFA

Places of assembly and event centers

1 parking space for each 3 seats based upon
design capacity

Places of worship

1 parking space for each 4 seats based on the
design capacity of the main seating area or
areas

Research, experimental, or testing stations

2 per 1,000 SF GFA

Restaurant or cafe

10 per 1,000 SF GFA

Restaurant-tavern, tavern, brewery, microbrewery, micro-distillery, microwinery, tap
room

16 per 1,000 SF GFA

Retail store, service/shopping center or
convenience food takeout/delivery
establishment

4 per 1,000 SF GFA

School: elementary/middle/junior high
(public/private/charter)

One parking space for each classroom plus 1
parking space for each 7 students based upon
design capacity

One parking space for each classroom plus
School: senior high (public/private/charter) one parking space for each 4 students based
upon design capacity
State licensed residential facility

One parking space for each 4 beds for which
accommodations are offered

Places of assembly

One parking space for each three seats based
upon design capacity

Warehousing, storage, or handling of bulk
goods

1 per 1,000 SF GFA

Wholesale establishments (selling only to
retailers and contractors)

2 per 1,000 SF GFA

32

Note to Table:
For uses not speciϐically listed above, off-street parking requirements shall be computed by
the Zoning Administrator on the same basis as required for the most similar listed uses. In
such cases, the Zoning Administrator shall also consult off-street parking reference
materials including, but not limited to, manuals prepared by the American Planning
Association and Institute of Transportation Engineers.
SECTION 14. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.03 (Parking and Loading), Subd. 10:
1. Joint Use of Parking. The City Council may approve a conditional use permit for
one or more businesses or commercial parking facilities to provide the required offstreet parking facilities by joint use of one or more sites where the total number of
spaces provided is less than the sum of the total required for each business, subject
to the provisions of subsection 1002.08 and the conditions outlined below.
a. Entertainment Uses. Up to 60% of the parking facilities required for a
theater, bowling alley, bar, restaurant, or similar entertainment oriented use may be
supplied by the off-street parking facilities provided by types of uses specified as
primarily daytime uses in Item 1.d below or by commercial parking facilities.
b. Nighttime or Sunday Uses. Up to 60% of the off-street parking facilities
required for any use specified under item 1.d below as primary daytime uses may be
supplied by the parking facilities provided by the following nighttime or Sunday
uses; auditoriums incidental to a public or parochial school, churches, bowling
alleys, theaters, bars, restaurants, or other similar entertainment oriented use, or
apartments.
c. Places of Assembly (School Auditorium and Place of Worship and the Like).
Up to 80% of the parking facilities required by this section for a place of worship or
for an auditorium incidental to a public or parochial school may be supplied by the
off-street parking facilities provided by uses specified under item 1.d below as
primarily daytime uses or by commercial parking facilities.
SECTION 15. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.03 (Parking and Loading):
Subd. 14. Commercial Parking Facility. Commercial parking facilities as a
principal use are permitted as a conditional use as established in subsection
1003.05 in accordance with the provisions of this subsection and subsection
1002.08.

33

SECTION 16. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.06 (Landscaping), Subd. 2:
1. All exposed ground areas, including street boulevards (landscaped portion of
right-of-way), and areas not devoted to off-street parking, drives, sidewalks, patios,
or other such improvements shall be landscaped with sod, seed, shrubs, other
ornamental landscape materials, managed natural landscaping, and trees, except
that trees shall not be planted in boulevard portions of the public right-of-way
without approval from the City Engineer. Temporary erosion control measures shall
be installed and maintained in proper working order until permanent erosion
control measures are in place and functioning properly.
SECTION 17. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.06 (Landscaping), Subd. 3-5:
c. Areas designated as open space or future expansion areas properly planted
and maintained with prairie grass or wild flowers or as a managed natural
landscape. Seed mixture to be approved by the City Engineer. A managed natural
landscape, Nnative prairie grass, or wildflowers may be allowed in other areas
subject to Zoning Administrator review and approval of a landscape plan.
SECTION 18. Chapter 10 (Zoning) of the Big Lake Municipal Code is hereby
amended to delete the stricken material and add the underlined material as follows to
§1006.07 (General Use Standards):
Subd. 6. Contractor operations; provided the following standards are met.
1. An exterior storage yard is not permitted in the I-1 zoning district.
2. A exterior storage yard is an accessory use in the I-2 zoning district in
compliance with subsection 1007.06 subd. 18 and the following additional
standards.
a. Yard areas must be improved with a dustless surface material. Concrete or
bituminous surfacing is required for all areas of a contractor’s yard used by vehicles.
b. Stockpiles and non-paved surfaces shall be covered, sprayed, or coated as
necessary to reduce airborne particulates.
c. The outdoor repair of motor vehicles or motor vehicle parts anywhere on
the property is prohibited.
d. All motorized vehicles, including trucks and trailers and machinery stored
in the yard area shall be licensed and in operable condition

34

e. Yards shall be maintained in a clean and orderly manner. Junk shall not be
permitted to be stored.
3. Provisions are made to control and reduce noise in accordance with the
noise control provisions of Section 525.
And
Subd. 10. Essential service structures, provided that:
1. No building shall be located within 50 feet from any lot line of an abutting
lot in a residential zoning district; and
2. The architectural design of the service structure shall be compatible to the
neighborhood in which it is to be located.
3. If the use contains outdoor operations, the following shall be met.
a. Equipment shall be screened in compliance with subsection 1006.05.
Water towers shall be exempt from this provision.
b. Open storage of maintenance equipment and trucks over one and one-half
tons and stockpiling of aggregate or other materials shall not be permitted.
And
Subd. 17. Outdoor storage, accessory, provided that the following are met.
1. The outdoor storage area shall not be located in the front yard.
2. The outdoor storage area shall be fully fenced, screened, and/or landscaped
according to a plan in compliance with subsection 1006.06 and subject to the
approval of the Zoning Administrator from all public rights-of-way, commercial land
uses, and residential land uses.
3. Surface area:
a. In the I-2 Zoning District, the outdoor storage area is surfaced with asphalt
or other similar material to control dust and weeds and subject to the approval of
the City Engineer.
b. In the I-3 Zoning District, the outdoor storage area is surfaced with a
material to control dust and weeds and subject to the approval of the City Engineer.
Outdoor storage directly upon grass or landscaping is prohibited.
4. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences and shall be in
compliance within subsection 1006.01.
5. The outdoor storage area shall not encroach upon required parking space or
required loading space as required by this chapter.

35

6. The property stored shall not include any waste, except as provided for in
subsection 1006.01.
7. The outdoor storage area shall not encroach into the required rear yard or
side yard setback area if abutting a residential district.
8. Procedure:
a. In the I-2 District, an interim use permit is required. The ratio of storage
area to building footprint allowed through an interim use permit shall not exceed
3.5:1.
b. In the I-3 District, an administrative permit may be issued provided the
ratio of storage area to building footprint does not exceed seven-to-one. An interim
use permit is required to exceed the maximum ratio of seven-to-one.
Subd. 18. Public, educational, and religious buildingsPlaces of assembly; provided
that the following are met.
1. No building shall be located within 50 feet of any lot line abutting residential
districts.
2. If the use contains outdoor operations, the following shall be met.
a. Equipment is completely enclosed in a permanent structure or screened.
Water towers shall be exempt from this provision.
b. Open storage of maintenance equipment and trucks over one and one-half
tons, stockpiling of aggregate or other materials, and open storage of shall not be
permitted.
SECTION 19. When incorporating this ordinance into the City Code, the City
Clerk is directed to incorporate definitions in alphabetical order and to renumber
subdivisions and tables as necessary to maintain a sequential order.
SECTION 20. EFFECTIVE DATE. This ordinance shall be effective upon its
passage and summary publication by the City Council.
Adopted by the Big Lake City Council on the 15th day of April 2026.
_________________________________
Mayor Paul Knier
Attest:
__________________________________
Gina Wolbeck, City Clerk

36

The following Council Members voted in favor:
The following Council Members voted against or abstained:
Whereupon the motion was duly passed and executed.
Drafted By:
City of Big Lake
160 Lake Street North
Big Lake, MN 55309

37

STATE OF MINNESOTA

)
) SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this _____ day of April 2026 by the Mayor
and City Clerk of the City of Big Lake, a Minnesota municipal corporation, on behalf of the
corporation.
____________________________________
Notary Public

38

AGENDA ITEM

Big Lake Planning Commission
Prepared By:

Kendra Lindahl, Consulting Planner

Item Description:

Amendments to Subsection 1003.11 (R-5, Residential
Redevelopment District) and Section 1004.03 (Shoreland
Management Overlay District) of Chapter 10 (Zoning
Ordinance) of the Big Lake City Code.

Meeting Date:

Item No.

7B

4/6/2026

Reviewed

By:

Reviewed

By:

Administrator

Hanna

Klimmek,

City

Marie Popp, Community
Development Director/EDA Executive Director

60-DAY REVIEW DEADLINE: N/A
ACTION REQUESTED
None
BACKGROUND/DISCUSSION
The City of Big Lake approved a proposal for Landform Professional Services, LLC to provide planning services
for a significant update to the Shoreland and R-5 Zoning District Ordinances on October 22, 2025. The City
has undertaken several code revisions, including a repeal and replace of the Zoning Ordinance in 2023, but
has not updated the Shoreland and R-5 Ordinances due to the scale of update required and the need to
coordinate with the Department of Natural Resources (DNR). The intent of this Ordinance update is to
improve clarity and reduce conflicts while retaining the flexibility in the current Shoreland Ordinance, a task
that is made challenging because the adopted Ordinance differs in many ways from the DNR’s Model
Shoreland Ordinance, including unique standards for the R-5 Zoning District.
Landform’s proposal provided an approximate timeline of 5-6 months from project kickoff to ordinance
adoption. Since beginning this project in January, Landform has conducted reviews of applicable ordinances
and City data, conducted meetings with City and DNR staff, and prepared several drafts of the Code for
review by City and DNR staff.
The proposed Code update will be brought before the Planning Commission for review and a public hearing
at the May 4th Planning Commission meeting. A summary of the proposed ordinance amendments is being
provided to the Planning Commission in preparation for next month’s meeting. No action is required prior
to the Public Hearing
ANALYSIS OF REQUEST
The goals of this Ordinance update are to modernize, improve clarity, and reduce conflicts while retaining the
flexibility in the current ordinance.
Historically, the R-5 Residential Redevelopment zoning district included shoreland standards in that section
rather than in the Shoreland Management Overlay District. This has caused confusion when explaining and

enforcing the Shoreland Ordinance, as the regulations are split between two sections. The proposed
amendments to the Shoreland Ordinance move the Shoreland regulations in Section 1003.11 (R-5 Residential
Redevelopment District) to Section 1004.04 (Shoreland Management Overlay District).
No significant policy changes are proposed with this ordinance. The State requires cities to adopt ordinances
in general compliance with MnDNR model ordinance. The City has already been able to secure flexibility in the
development standards for the R-5 district and for increased impervious surface limits for other districts
beyond what would typically be allowed under the model ordinance. Therefore, the primary amendments
have been made to improve clarity and ease of interpretation.
Many of the tables within the Ordinance have been updated or reformatted. This was especially important
with the addition of the R-5 District’s standards, as special attention was needed to keep the tables from
becoming overly large and cumbersome. Figures have also been added to the Code to illustrate concepts, such
as the shore impact zone, which staff often receive questions about. Many of the terms and definitions
associated with the Shoreland Ordinance have also been updated to modernize the Ordinance and improve
consistency with the rest of the City Code and Zoning Ordinance.
While verifying the lakes and rivers classifications tables, we discovered that Beaudry Lake has been
reclassified from a Natural Environment Lake to a General Development Lake. Wood Lake has also been added
to the lake classifications table, as this lake is now within 1,000 feet of the City’s boundaries. The DNR has
approved a Special Overlay District for Un-named Wetland 71-65, established in the Sherburne County Zoning
Ordinance, which allows this Natural Environment lake to be regulated under the same zoning standards as a
Recreational Development lake. This has been added as a note to Table 16. This Ordinance also adopts
Sherburne County’s Wild & Scenic Rivers Ordinance by reference because one parcel of land within the City’s
boundaries borders the Mississippi River.
The DNR’s Model Shoreland Ordinance was analyzed throughout the Code update process. Several sections,
such as standards for stairways, lifts, and landings were added to increase the clarity of the Ordinance and
align with best practices recommended by the DNR. However, the areas of flexibility within the current
Shoreland Ordinance, including the R-5 standards and the Conditional Use Permit process for increased
impervious surface, have been retained.
SUMMARY
Staff believes the proposed amendments will make the Shoreland Ordinance easier for residents to understand
by clarifying and modernizing the Ordinance while retaining the flexibility of the current Ordinance. A repeal
and replace of the current Ordinance will be brought before the Planning Commission at next month’s meeting.
FINANCIAL IMPACT
None

AGENDA ITEM

Big Lake Planning Commission
Prepared By:
Tara Kohl, Planning Technician

Meeting Date:

Item Description:
Planning Commission Strategic Plan

Reviewed By: Marie
Development Director

Item No.

4/6/2026

Popp,

7C

Community

Reviewed By:
ACTION REQUESTED
Motion to recommend approval of the revised Strategic Plan for Council consideration.
BACKGROUND/DISCUSSION
The Planning Commission adopted a Strategic Plan in June of 2021 and has revised it three times since; twice
in 2022 and once in 2023. The purpose of the plan is to serve as a guide for the Planning Commission and
planning staff. The objectives and actions of the plan are aligned with the comprehensive plan land use and
growth management goals and the wishes of the City Council.
In early 2025, the Planning Commission directed staff to add the strategic plan to a future Planning
Commission meeting agenda to review. In September, the Planning Commission reviewed the strategic plan
and suggested updates to staff. A joint strategic planning discussion between the Planning Commission and
Economic Development Authority was held in December where the draft strategic plan was reviewed by
both Commissions. The revised Strategic Plan was presented to the Planning Commission in January for
additional feedback.
FINANCIAL IMPACT
N/A

STAFF RECOMMENDATION
The Planning Commission should review the draft strategic plan and determine if any items should be
updated or revised.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:

Planning Commission Strategic Plan Draft
Planning Commission Strategic Plan dated December 13, 2023
City of Big Lake Comprehensive Plan (link only)

Planning Commission Strategic Plan
Created June 16, 2021. Revised December 13, 2023.

Mission Statement
To effectively facilitate development through implementation
of the community vision as established by the Big Lake
Comprehensive Plan.

Goals
1.

Advise the City Council relating to land use topics.

2.

Provide guidance to the City Council relating to long-range planning.

3.

Promote collaboration with other committees, departments and agencies.

4.

Provide a forum to educate and engage the public in the planning process.

5.

Process land development applications efficiently.

6.

Prepare, maintain and implement the Comprehensive Plan.

7.

Research and discuss new ideas and trends in land use planning.

8.

Maintain the Zoning and Subdivision Ordinances.

[Objectives & Actions Table on Next Page]

OBJECTIVES & ACTIONS

GOAL
AREA

PARTNERSHIP

STATUS

TIMELINE

PRIORITY

1, 2, 3, 4,
5, 6, 7, 8

Other Advisory
Boards &
Departments,
MnDNR,
Landform

In
Progress

2026

High

1, 2, 3, 4,
5, 6, 7, 8

Other Advisory
Boards &
Departments,
MnDNR,
Landform

Not
started

Continuous

High

1, 2, 3, 6

Engineering
Department,
Sherburne
County
Transportation,
Landform

In
progress

2026

High

1, 2, 3, 6

Engineering
Department,
Sherburne
County
Transportation,
Landform

Ongoing

Continuous

Medium

Not
started

Continuous

Medium

Not
started

Continuous

Medium

Review and Update Zoning and City Ordinances as Needed
Action Item 1: Review and update Residential
Redevelopment District (R-5), Shoreland
Management Overlay District, and Nuisance
Ordinances

Action Item 2: Review and refine the code to
support a more efficient and accessible
development environment.

Transportation Planning Initiatives
Action Item 1: Review adopted policies pertaining
to road design by classification, including the Comp
Plan, Complete Streets Plan, and official controls
including the Subdivision Ordinance and Engineer
Specs, and provide recommendation to City Council.
City Code Section 1107.05, Streets and
Alleys, was overhauled with the code
revision project (new code adopted April
2023). Road right of way width and
pavement width by road classification are
featured on p. 25. Standards were
established by Comp Plan. Design specs for
public infrastructure are housed in the
engineering design standards (2013), which
are under the discretion of the City
Engineer.
Action Item 2: Support short and long-term multi
model transportation planning, including safe and
efficient routes for residents at all life stages.
Support initiatives to secure grant funding
for multi-modal transportation
infrastructure improvements as they arise.

Assess the Need for Updates to the Comprehensive Plan
Action Item 1: Review sections under the purview of
the Planning Commission.

6

Action Item 2: Facilitate the review of other
sections.

6

City
Commissions
&
Departments
City
Commissions
&
Departments

Action Item 3: Review and update Transit Oriented
Development District (TOD) sections of the City
Code and Comp Plan to reflect changes with the
Northstar Commuter Rail.

6

City
Commissions
&
Departments

Not
started

2027

Medium

1, 5, 6, 8

City
Commissions
&
Departments

In
progress

Continuous

Medium

1, 5, 6, 8

City
Commissions
&
Departments

In
progress

Continuous

Medium

1, 3, 7

Parks Advisory
Committee,
Public Works
Department

Not
started

2027

Medium

Ongoing

Continuous

Medium

Ongoing

Continuous

Medium

Note: City Council reviewed and recommended no policy changes
to the Comp Plan in 2021.

Align Land Use Controls with Adopted Policies
Action Item 1: Rezone properties consistent with
the Comp Plan.
Staff will identify the parcels which are not
zoned in accordance with their land use
designations and the Planning Commission can
discuss which, if any, the City should initiate
rezoning.
Action Item 2: Implement Comp Plan policies into
the Zoning and Subdivision Ordinances.
This is an ongoing process. Many were
integrated with the code revision project. Staff
can conduct a thorough review of the land use
& growth management chapter and identify
opportunities for Planning Commission
consideration.

Street Trees and Green Infrastructure
Action Item 1: Review benefits and detriments of
street trees and compare with existing City policy. If
warranted, recommend potential code revisions to
City Council.

Educational Opportunities
Action Item 1: Provide training resources and
opportunities to commissioners.

1, 2, 3, 4,
7

Action Item 2: Provide education to the general
public utilizing available channels of
communication.

1, 2, 3, 4,
7

MN APA,
League of MN
Cities
MN APA,
League of MN
Cities

8
Community Development Department Update
Prepared By: Marie Popp, Community Development Director
•

Pizza Factory Relocation: The City and Pizza Factory entered into a Purchase Agreement
for the sale to Pizza Factory of City owned space at 616 Rose Drive. The City Council
approved an amendment to the Purchase agreement, allowing for the closing to take
place on or before May 22, 2026.

•

Prairie Meadows 5th Addition (formally Parkwood Knolls): City Council reviewed and
approved the Preliminary Plat and Conditional Use Permit for a Shoreland PUD at the
March 26, 2025 Regular Council Meeting. The development consists of 99 single-family
lots. The applicant will need to submit an application for a final plat in order to move
forward with the development. Council approved a 6-month extension on the
preliminary plat.

•

Development Pipeline: Staff continues to receive inquiries on residential, commercial,
and industrial projects. Interest remains high.

•

421 Foley Avenue: The State of MN stated they are working on the Letter of No
Association for the City/BLEDA which will clarify that any clean up actions the City takes
will not associate us as the responsible party creating the contaminated conditions. In
short, this is a legal protection for the City. We anticipate receipt of this letter in the
coming month. Following receipt of the letter, we will be finalizing the scope of work for
quotes on building demolition.

•

Annexation Applications: The Shores of Elk River and Dellwood Land Development
annexation requests will be reviewed at the April City Council meeting. The Shores of Elk
River concept plan was reviewed by Council Q4 2025. The Dellwood Land Development
application is not related to any concept plan or development application at this time.

•

Community Development Technician Position: We will be interviewing candidates the
week of April 6th.