(A)   Purposes. This chapter is enacted for the following purposes: to promote the health, safety, and general welfare of the inhabitants of the city, by lessening congestion in the streets, securing safety from fire, panic, and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, park and other public requirements, conserving the value of properties; and encouraging the most appropriate use of land.

   (B)   Scope. From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered, and with respect to height and area, added to or relocated and every use within a building or use accessory thereto, in the city shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use of properties not in conformity with the regulations herein prescribed shall be regarded as nonconforming, but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming properties or uses.

   (C)   Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions than this chapter, the provisions of the statute, other ordinance, or regulation shall be controlling.

   (D)   Short title. This chapter shall be known and may be cited as the Zoning Ordinance for the City of Amboy.

(Ord. 106, passed 3-13-1995)

   For the purpose of this chapter:

   (A)   Words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular;

   (B)   The word “person” shall include a firm, association, organization, partnership, trust, company, or corporation as well as an individual;

   (C)   The word “shall” is mandatory and not discretionary;

   (D)   The word “may” is permissive;

   (E)   The word “lot” shall include the words “plot,” “piece,” and “parcel”; and

   (F)   The word “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”

(Ord. 106, passed 3-13-1995)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. A secondary building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. The building shall not exceed 10 feet by 12 feet and 12 feet to the peak.

   AGRICULTURE. The art or science of cultivating the soil and activities incidental thereto; the growing of soil crops in the customary manner on open tracts of land; the accessory raising of livestock and poultry but excluding livestock feedlots and extensive poultry farming. The term shall include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished outside the public right-of-way.

   ALLEY. A public right-of-way less than 25 feet in width which provides secondary access to abutting property.

   ALTERATION. As applied to a building or structure, is a change or rearrangement in the structural parts, or enlargement or the moving from 1 location or position to another.

   APARTMENT. A room or suite or rooms designed for, intended for, or used as a residence for 1 family or individual and equipped with cooking facilities.

   APARTMENT BUILDING. Three or more apartments grouped in 1 building.

   AUTOMOBILE SERVICE STATION OR FILLING STATION. A place where gasoline, kerosene, or any other motor fuel or lubrication oil or grease for operating motor vehicles is offered for sale and delivered directly into motor vehicles including greasing and oiling.

   BED AND BREAKFAST. A building of residential design which is the owner’s personal residence and is occupied by the owner at the time of rental that provides 4 or fewer rooms for rent to guests. For purposes of this definition, the term GUEST shall mean persons renting the accommodations for a total period of time not to exceed 14 days during any consecutive 90-day period. Guests are allowed to use the living room, dining room, and the like areas of the residence as common areas available to everyone.

(Ord. passed 11-6-1996)

   BILLBOARD. See SIGN, ADVERTISING.

   BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways, or boundary lines of the corporate limits of the city.

   BOARD OF ADJUSTMENT. The City Council.

   BOARDING HOUSE. A building other than a hotel or motel, where for compensation and by pre-arrangements for definite periods, meals, or lodging and meals, are provided for 3 or more persons not members of the immediate family therein.

   BUILDING. Any structure for the shelter, support, or enclosure of persons, animals, chattel, or property of any kind; and when separated by part walls without openings, each portion of the building so separated shall be deemed a separate building.

   BUILDING, DETACHED. A building surrounded by open space, the open space being on the same zoning lot as the building.

   BUILDING, HEIGHT OF. The vertical distance from the grade at the front wall of the building to the highest point of the roof.

   BULK AND DENSITY CONTROLS. Those regulations or controls which specify the setback lines, lot sizes, building height, maximum ground coverage, lot width, and lot depth.

   CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons and those who are in need or medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.

   CLUB. A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

   COMMUNITY SEWER SYSTEM. A system of sewer control and processing serving a group of buildings and lots with the design and construction of the systems as approved by the State of Minnesota.

   CORNER LOT. See LOT, CORNER.

   DISTRICT ZONING. A section of the city for which the regulations governing the height, area, use of building and premises are the same as delineated by the Zoning Map.

   DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including 1-family, 2-family, and multiple-family units, but not including hotels, motels, boarding or lodging houses.

   DWELLING, 2-FAMILY. A dwelling designed exclusively for occupancy by 2 families living independent of each other.

   DWELLING, ATTACHED (GROUP, ROW, OR TOWNHOUSE). A dwelling joined to other dwellings by a party wall or walls.

   DWELLING, DETACHED. A dwelling entirely surrounded by open space, the open space being on the same zoning lot as the dwelling.

   DWELLING, MULTIPLE-FAMILY. A dwelling containing 3 or more dwelling units, designed with more than 1 dwelling unit connecting to a common corridor or entranceway, originally constructed for the purpose; and not including converted dwellings or attached row dwellings (party-wall type) as defined herein.

   DWELLING, SINGLE-FAMILY. A detached dwelling containing accommodations for and occupied by 1 family only.

   DWELLING UNIT. Two or more rooms in a dwelling designed for occupancy by 1 family for living purposes and having its own permanently installed cooking and sanitary facilities.

   EARTH-SHELTERED BUILDING. A building constructed so that 50% or more of the exterior is covered or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering on walls is measured from the floor of the structure’s lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations in earth covering. An earth sheltered building must satisfy the building code standard promulgated pursuant to M.S. § 16.85, as it may be amended from time to time. Partially completed buildings shall not be considered earth sheltered. Basement homes shall not be considered earth sheltered.

   EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.

   FAMILY. Any number of individuals related by blood, marriage, adoption or foster care, or not more than 5 persons not so related, maintaining a common household and using common cooking and kitchen facilities; as distinguished from a group occupying a boarding house, lodging house, hotel, or motel.

   FAMILY, IMMEDIATE. Persons related by blood, marriage, or certified legal instrument.

   FARM. A tract of land, 10 acres or more in size, or a tract producing in excess of $2,000 annual value of agricultural products and used for the production of cash crops. The farm may include an agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.

   FEEDLOT. A lot or building, or combination of contiguous 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 enclosure. For purposes of these parts, 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 domesticated animal zoos shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts.

   FRONTAGE. All the property fronting on 1 side of a street between the nearest intersecting street or between a street or right-of-way, waterway, or other similar barrier.

   GARAGE, PRIVATE. An accessory building or accessory portion of a principal building designed and used for the storage of private passenger vehicles of the family or families resident in the principal building, and in which no business, service, or industry is conducted.

   GARAGE, PUBLIC. Any structure except those described as a private garage, used for the storage or care of power-driven vehicles, or where any such vehicles are equipped for operation, repair, or are kept for renumeration, hire or sale.

   GREEN SPACE. See OPEN SPACE.

   HOME OCCUPATION. An occupation or profession carried on by an occupant of a dwelling as an accessory activity to the main use of the premises as a dwelling. It shall not change the residential character thereof and will meet the following restrictions.

      (1)   Not more than 1 person shall be employed other than persons residing on the premises.

      (2)   The occupation shall be conducted wholly within the dwelling or an accessory building.

      (3)   Floor area devoted to the occupation shall not exceed 25% of the area of the main floor of the principal dwelling and/or attached or detached accessory building.

      (4)   The home occupations shall not require internal or external alterations or involved construction features not customarily found in dwellings.

      (5)   Conduct of the home occupation does not generate more noise, vibration, glare, fumes, odor, dust, electrical interference or hazards or nuisances noticeable outside of the dwelling and/or accessory building than normally associated with residential occupancy in the neighborhood and shall not be objectionable to adjacent residences due to hours of operation.

      (6)   There shall be no display or evidence apparent from the exterior of the lot that the premises are being used for any purpose other than that of a dwelling except that 1 sign, 1-1/2 square feet, non-illuminated and attached to the dwelling shall be allowed.

      (7)   The use shall not generate sewage of a nature or rate greater than that normally associated with residential occupancy, nor shall it generate hazardous waste or solid waste at a rate greater than that normally associated with residential occupancy.

      (8)   No home occupations will be allowed that jeopardize the health and safety of residents in the city.

      (9)   There shall be no renting of dwelling or yard space in a residential zoned area for nonresidential purposes.

      (10)   Rental of attached and detached accessory buildings for motorized vehicles and/or recreational vehicles is permitted.

      (11)   All nonconforming home occupations legally existing prior to the adoption of this definition shall be allowed to continue but shall not be allowed to expand, rebuild, relocate, replace, or alter without being brought into compliance with all the requirements of this definition.

(Am. Ord. passed 11-6-1996)

   HOTEL. A building occupied as a temporary abiding place of individuals who are lodged with or without meals in which there are more than 5 sleeping rooms and wherein no provisions made for cooking in any individual room or apartment.

   JUNK YARD/SALVAGE YARD. Land or buildings where waste, discarded or salvaged materials are brought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including, but not limited to scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other machinery. JUNK YARDS/SALVAGE YARDS are not permitted in any zoning district in the City of Amboy.

   KENNEL. A place where more than 3 dogs or more than 4 cats or a combination of both dogs and cats exceeding 4 in number and over 3 months of age are kept, harbored, or maintained. KENNELS are permitted only in areas specifically zoned within the city for the use.

(Am. Ord. passed 10-2-1995)

   LOT. A parcel of land occupied or to be occupied by a principal structure or group of structures and accessory structures together with the yards, open spaces, lot width and lot area as are required by this chapter, and having the required frontage upon a street, either shown and identified by lot number on a plat of record, or considered as a unit of property and described by metes and bounds. The lot shall be bounded by lines, as defined herein.

   LOT AREA. The area located within the lot lines and not including that portion of the platted lot which is presently being used as or dedicated for street or public right-of-way.

   LOT, CORNER. A lot situated at the junction of, and abutting on 2 or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

   LOT, DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.

   LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street. In the case of a corner bare lot it shall be that street line designated by the owner and filed with the Zoning Officer which shall hereafter be the front lot line. In the case of a corner lot with an existing building located thereon, the lot line facing the front side of the structure shall hereafter be the front lot line.

   LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

   LOT LINE, SIDE. Any boundary of a lot which is not at a front lot line or a rear lot line.

   LOT, MULTIPLE FRONTAGE. A lot having frontage on 2 or more streets.

   MANUFACTURED HOME. A structure transportable in 1 or more sections used as a dwelling for 1 family, with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. No manufactured dwelling shall be moved into the City of Amboy that does not meet the Manufactured Home Building Code as defined in M.S. § 327.31, Subd. 3, as it may be amended from time to time.

   MANUFACTURED HOME PARK. A contiguous parcel of land which has been planned for the placement of 2 or more manufactured homes or manufactured home lots.

   METES AND BOUNDS. A method of property description by means of their direction and distance from an easily identifiable point.

   MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.

   MOTEL. See HOTEL.

   NONCONFORMING BUILDING. A building or portion thereof existing at the time of adoption of this chapter and not conforming to the regulations for the district in which it is situated, except that such a use is not nonconforming if it would be authorized under a conditional use permit where located.

   NONCONFORMING USE OF LAND. Any use of a lot which does not conform to the applicable use regulations of the district in which it is located.

   NONCONFORMING USE OF STRUCTURES. A use of a structure which does not conform to the applicable use regulations of the district in which it is located.

   NURSING HOME. A home designed and licensed to provide care for aged or infirm persons requiring or receiving personal care or custodial care complying with the standards established by the Minnesota State Board of Health.

   OPEN SPACE, PUBLIC. Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, school sites, parkways, and streets.

   OPEN SPACES. Land areas which are undeveloped and left in their natural states.

   OWNER or PROPERTY OWNER. The owner of land or the beneficial owner of land, whose interest is primarily one of ownership or possession and enjoyment in contemplation of ultimate ownership. The term includes, but is not limited to, mortgages and vendors under a contract for deed.

   PARKING SPACE. A land area exclusive of driveways and aisles, of the shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in the area.

   PLANNING COMMISSION. The Planning Commission of the City of Amboy, Minnesota.

   PREMISES. A lot or plot with the required front, side, and rear yards for a dwelling or other uses as allowed under this chapter.

   PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board fully authorized to furnish under municipal regulation to the public, electricity, gas, steam, communications services, telegraph services, transportation, or water.

   REST HOME. See NURSING HOME.

   ROAD. A public right-of-way affording primary access by pedestrian and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.

   ROOMING HOUSE. See LODGING HOUSE.

   SCREENING. The use of plants, materials, fences, or earthen berms to partially conceal the separate land use from the surrounding land uses.

   SETBACK LINE. A line within a lot or other parcel of land parallel to a public road, street, or highway right-of-way line defining that minimum distance between the building and property line in which buildings or structures may not be placed.

   SIGN. A name, identification, description, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public and which directs attention to a product, place, activity, person, institution, or business. Warning signs or public identification signs such as street signs shall be exempt from these regulations when under 2 square feet in size.

   SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold, or offered upon the premises where such a sign is located.

   SIGN, AREA OF. See SIGN, SURFACE AREA OF.

   SIGN, BUSINESS. A sign which directs attention to a business or profession or a commodity, service, or entertainment sold or offered upon the premises where such a sign is located.

   SIGN, REAL ESTATE. A sign which directs attention to, and is located on, real estate being offered for sale.

   SIGN, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of the sign and not forming an integral part of this display. Only 1 side of a double-face or V-type sign structure shall be used in computing total surface area.

   STANDARD, PERFORMANCE. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements.

   STORY. The portion of the building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.

   STORY, HALF. The portion of a building under a gable, hip, or gambrel roof, the wall plates of which, on at least 2 opposite exterior walls, are not more than 2 feet above the floor of the story.

   STREET. A public right-of-way 40 feet or more in width, which provides a primary means of public access to abutting property. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. Also, see ROAD.

   STREET LINE. The right-of-way line of a street.

   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.

   STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.

   SUBDIVISION. A described tract of land which is to be or has been divided into 2 or more lots or parcels or the division of a lot, tract, or parcel of land into 2 or more lots, tracts or parcels for the purpose of transferring ownership or building development, or if a new street is involved, any division or development of a parcel of land. The term shall include RE-SUBDIVISION of land; provided, however, that the sale or exchange of small parcels of platted land to or between adjoining property owners shall not be considered as a subdivision.

   TOWNHOUSE. A single-family dwelling which maintains private ingress and egress, attached to its own foundation, contains no independent dwellings above or below it and is attached to other similar dwellings by a common wall.

   TRAVEL TRAILER. A vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as TRAVEL TRAILER by the manufacturer of the trailer.

   USE. The purpose for which land or premises or a building thereon is designated, arranged, or intended, or for which it is or may be occupied or maintained.

   USE, ACCESSORY. A use subordinate to the main use on the same lot and used for purposes customarily incidental to those of the main use.

   USE, CONDITIONAL. A land use or development as defined by this chapter that may be allowed with appropriate restrictions as provided by official controls upon a finding that:

      (1)   Certain conditions as detailed in this chapter exist;

      (2)   The use or development conforms to the Land Use Plan of the city; and

      (3)   Is compatible with the existing neighborhood.

   USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and performance standards of a particular district.

   VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, and the like.

   VARIANCE. A modification of the application of the zoning ordinance to a specific lot where, because of unique physical circumstances, strict enforcement would cause an undue hardship or practical difficulties in the use of land.

   YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning in which the lot is located.

   YARD, REAR. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

   YARD, SIDE. The yard extending along the side lot line between the front yard and rear yards to a depth or width required by setback requirements for the zoning district in which the lot is located.

   ZONING ADMINISTRATOR. The designated Zoning Administrator of the City of Amboy, Minnesota. The duties of the Zoning Administrator are currently the responsibility of the Administrative Clerk/Treasurer.

   ZONING LOT. A plot of ground, made up of 1 or more parcels of land, which is or may be occupied by a use, building or buildings, including the open spaces required by this chapter.

   ZONING MAP. The map or maps incorporated into this chapter as part hereof, designating the zoning districts.

(Ord. 106, passed 3-13-1995; Am. Ord. passed 1-3-2005)

   (A)   Zoning Map. The location and boundaries of the districts established by this chapter are hereby set forth on the Zoning Map and the map is hereby made a part of this chapter, which map shall be known as the City of Amboy Zoning Map. The Map and all notations, references, and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of it as if all were fully described herein. It shall be the responsibility of the Administrative Clerk/Treasurer/City Council to maintain the map, and amendments thereto shall be recorded on the zoning map within 30 days after official publication of amendments. The Official Zoning Map shall be kept on file in the office of the Administrative Clerk/Treasurer.

   (B)   District boundary lines. Wherever any uncertainty exists as to the boundary of any land use district as shown on the Zoning Map incorporated herein, the following rules shall apply.

      (1)   Where district boundary lines are indicated as following streets, highways, alleys, railroads, or similar rights-of-way, they shall be construed as following the center lines thereof.

      (2)   Where district boundary lines are indicated as approximately following lot lines or section lines, the lines shall be construed to be the boundaries.

      (3)   Where district boundary lines are indicated as parallel to or extensions of features indicated above in this section, it shall be so construed.

      (4)   Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

      (5)   Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered by this division (B), the Board of Adjustment shall interpret the district boundaries.

      (6)   Where a plotted lot held in 1 ownership and of record at the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the least restrictive district.

   (C)   Annexations. Territory hereafter annexed to the city, which is not shown on the Zoning Map as part of this chapter, shall be zoned in accordance with the land use plan. Consideration of zoning other than in accordance with the land use plan should not be done without amending the land use plan.

(Ord. 106, passed 3-13-1995)

   (A)   Purpose. This district is established to recognize a district that is best suited for the transition between urban and agricultural use, to prevent unplanned, non-farm development, and to permit orderly and economic development of public services and utilities.

   (B)   Permitted uses. The following uses shall be permitted within the A-1 Agriculture District:

      (1)   Farming and truck gardening, including farm dwellings, nurseries, greenhouses, horticulture, apiaries, excluding livestock raising, livestock feedlots, and intensive poultry farming;

      (2)   One- and 2-family non-farm detached dwellings;

      (3)   Churches, public schools, and public buildings, providing that no building shall be located within 50 feet of any lot in a residential district;

      (4)   Home occupations, as defined in § 150.03;

(Am. Ord. passed 11-6-1996)

      (5)   Flood control and watershed structures;

      (6)   Parks, recreational areas, wildlife areas, game refuges, and forest preserves owned by governmental agencies;

      (7)   Golf courses, except club houses, miniature courses, and driving tees operated for commercial purposes; and

      (8)   Accessory buildings and accessory uses customarily incidental to the above uses.

   (C)   Conditional uses. The following uses are permitted if granted a conditional use permit as provided in § 150.18:

      (1)   Water supply buildings, reservoirs, wells, elevated tanks, and similar essential public utility and service structures;

      (2)   Private commercial landing fields and associated facilities;

      (3)   Veterinary and animal clinics and facilities for the care of animals, including kennels;

      (4)   Cemeteries;

      (5)   Golf clubhouse, country club, public swimming pool, private swimming pool serving more than 1 family, provided that no principal structure shall be located within 50 feet of any lot in a residential district; and

      (6)   Uses determined by the Planning Commission of similar nature to the conditional uses above and found not to be detrimental to the general health and welfare of the city.

   (D)   Accessory uses.

      (1)   Private garages and carports;

      (2)   Private recreation facilities such as tennis courts, swimming pools, and spas;

      (3)   Tool houses and sheds or similar storage buildings for domestic supplies; and

      (4)   Accessory buildings or structures which are clearly incidental to any of the uses listed above, but must be located on the same property.

   (E)   Height regulations. No building hereafter erected shall exceed 2-1/2 stories or 35 feet in height.

   (F)   Front yard regulations. For all uses allowed there shall be a front yard having a depth of not less than 50 feet. Where a lot is located at the intersection of 2 or more streets, then § 150.03 shall determine which of the 2 or more sides abutting streets shall be considered the front yard. No accessory buildings shall project beyond the front yard. Also, accessory buildings on corner lots shall not be erected closer to the street line than the minimum side yard requirements hereunder for the main building on the lot.

(Am. Ord. passed 1-3-2005)

   (G)   Side yard regulations. There shall be a side yard, on each side of a building, having a width of not less than 15 feet.

   (H)   Rear yard regulations. There shall be a rear yard having a depth of not less than 25% of the depth of the lot or 25 feet, whichever is greater.

   (I)   Lot area regulations. Every lot or tract of land upon which a structure is erected shall have an area of not less than 1 acre unless it is connected to municipal utilities. Except that if a lot or tract has less area or width than herein required and was legally platted and was of record at the time of the passage of this chapter, that lot may be used for any of the uses permitted in this section.

   (J)   Lot width and depth regulations. Every lot or plot of land on which a 1-family dwelling is erected shall have a minimum width of not less than 150 feet and a depth of not less than 200 feet. No lot shall have a depth greater than 3 times its width.

   (K)   General regulations. Additional regulations applicable to the A-1 Agricultural District are set forth in § 150.11.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Purpose. The R-1 District is intended to provide low density residential areas.

   (B)   Permitted uses. The following uses shall be permitted in R-1 Residential District:

      (1)   Single-family and 2-family dwellings;

      (2)   Parks and recreational areas owned or operated by governmental agencies;

      (3)   Public schools, private schools, nursery schools, churches, hospitals, nursing and convalescent homes; and

      (4)   Home occupations as defined in § 150.03.

(Am. Ord. passed 11-6-1996)

   (C)   Conditional uses. Buildings or land may be used for the following if granted a conditional use permit:

      (1)   Multiple-family dwellings and apartment buildings;

      (2)   Municipal administration buildings, police and fire stations, museums, art galleries, post offices and other municipal service buildings;

      (3)   Water supply buildings, reservoirs, wells, elevated tanks, and similar essential public utility and service structures;

      (4)   Mortuaries and funeral homes;

      (5)   Boarding or rental rooms not exceeding 5 to 8 persons on a premise;

      (6)   Hospitals/clinics;

      (7)   Open land recreational uses;

      (8)   Uses determined by the Planning Commission to be of the general character of the conditional uses above and found not to be detrimental to the general health and welfare of the city; and

      (9)   Bed and breakfast establishments, if the following conditions are met.

         (a)   The establishment shall conform with State Health and Building Code requirements. Reports of compliance shall accompany any application for the permit. The owner/operator of such a facility shall maintain a policy of liability insurance providing at least $1,000,000 combined/single limit coverage.

         (b)   Written application for a conditional use permit to operate a bed and breakfast shall be made to the Zoning Administrator’s office and action on the application shall follow the procedures as found in § 150.18.

         (c)   The only meal served to guests shall be breakfast and only guests shall be served.

         (d)   No cooking or cooking facilities shall be allowed or provided in the guest rooms.

         (e)   No function (such as a reception or a business meeting) involving large numbers of non-guests is permitted on the site.

         (f)   On-premises advertising for any bed and breakfast facility located in a residential district shall conform to those regulations regarding home occupation signs.

         (g)   A minimum of 1 off-street parking space per guest room shall be provided in addition to 2 parking spaces for the resident. Off-street parking is to be screened from the surrounding residences.

         (h)   Any additional external lighting used to illuminate off-street parking shall be concealed or screened and shall be directed away from other residential properties and public rights-of-way.

         (i)   The conditional use permit shall be reviewed annually by the City Council and shall not be transferable to another firm or person.

         (j)   A license shall be terminated upon occurrence of the following:

            1.   Non-compliance with the provisions of this division (C)(9);

            2.   Transfer of ownership of the property from the owner/operator; or

            3.   The creation of a condition which adversely affects the health, safety, morals, or general welfare of the city or its residents.

(Ord. passed 11-6-1996)

   (D)   Accessory uses. The following uses shall be accessory uses within the R-1 Residential District:

      (1)   Private garages and carports;

      (2)   Tool houses and storage sheds;

      (3)   Private outdoor swimming pools and spas, either permanent or temporary; and

      (4)   Parking of passenger cars, travel trailers, pleasure boats, and motor homes/buses, provided that only 2 travel trailers, pleasure boats, or motor homes, in any combination, may be stored outside a structure on the property. The parking of vehicles shall be allowed only if they are parked in such a manner so as not to cause danger by obscuring the view. Parking will not be allowed on the boulevard portion of a public street right-of-way or when it might block a public sidewalk, street, or alley. No living quarters shall be maintained and no business or other activity shall be carried on in travel trailers, boats, or motor homes/buses. Storage of a vehicle which is inoperable for longer than 14 days, outside of an enclosed building, is not permitted.

(Am. Ord. passed 1-3-2005)

   (E)   Height regulations.

      (1)   No structure hereafter erected shall exceed 2-1/2 stories or 35 feet in height, except that church spires, belfries, domes which do not contain usable space, and chimneys may be of any height which does not conflict with air traffic requirements.

      (2)   For multiple-family dwellings, structures shall not exceed 3 stories or 45 feet in height.

   (F)   Front yard regulations.

      (1)   There shall be a front yard having a depth of not less than 25 feet, except that in a block where 2 or more residences have been erected facing the same street, no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure. If there are residences on only 1 side, then no new building or portion thereof shall project beyond the average front yard of the 2 nearest residences.

      (2)   Where a lot is located at the intersection of 2 or more roads or highways, § 150.03 shall determine which of the 2 or more sides abutting streets shall be considered the front yard. No accessory buildings shall be allowed within the required front yard.

(Am. Ord. passed 1-3-2005)

   (G)   Side yard regulations.

      (1)   Each lot shall have 2 side yards, one being not less than 10% of the lot width and the other being no less than 15% of the lot width.

      (2)   Side yards shall not be required for accessory buildings erected supplementary or incidental to the main building, less than 10 feet by 12 feet in size, provided that no such building shall be erected in front of a line drawn parallel to the front lot line and lying entirely to the rear of the extreme back portion of the main structure. Also, accessory buildings on corner lots shall not be erected closer to the street line than the minimum side yard requirements hereunder for the main building on the lot.

   (H)   Rear yard regulations.

      (1)   Each lot shall have an unoccupied rear yard having a depth of not less than 25% of the lot depth, except that accessory buildings such as non-attached garages and structures used for storage of non-commercial property shall be located no less than 10 feet from the property line and not less than 10 feet from an alley. Garages which are entered from an alley shall be placed at least 30 feet from the center of the alley.

      (2)   For multiple-family dwellings, there shall be a rear yard of not less than 25 feet or 25% of the lot depth, whichever is greater.

   (I)   Lot size regulations.

      (1)   Every lot on which a 1-family dwelling is erected shall contain an area of not less than 9,000 square feet and shall not be less than an average of 75 feet in width and 120 feet in depth.

      (2)   Every lot on which a 2-family dwelling is erected shall contain an area of not less than 12,000 square feet and an average width of not less than 100 feet in width and an average depth of not less than 120 feet in depth.

      (3)   Every lot on which a multiple-family dwelling is erected shall contain an area of not less than 12,000 square feet for the first 2 units plus 1,500 square feet for each additional dwelling unit.

      (4)   If a lot has less area, width, or depth than herein required and was legally platted and was of record at the time of passage of this chapter, that lot may be used for any of the uses permitted in this district.

   (J)   Maximum ground coverage. For multiple-family dwellings, not more than 35% of a lot or plot shall be occupied by buildings.

   (K)   Size regulation for garages. The total square footage of all non-attached garages on a lot in this district shall not exceed 8.5% of total lot area.

   (L)   Permit regulations. No permit for a multiple building structure may be issued unless the permit application is accompanied by a site plan. The site plan shall include topography, location of parking and loading spaces, landscaping, screening, and other information pertinent to the development of the site.

   (M)   General regulations. Additional regulations applicable to the R-1 Residential District are set forth in § 150.11.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Purpose. This district is established to provide for the development of manufactured home parks, as well as establish requirements governing the location and density of the development. This section shall not be applicable to existing facilities or existing manufactured home parks, but shall have application to all new manufactured home park developments which are hereafter constructed. All improvements of the land, including buildings and all appurtenances thereto, shall conform to all applicable laws, ordinances, and regulations (including deed restrictions and covenants of the land). The minimum standards established herein shall not be construed as lowering the standards established by the local laws, ordinances, or regulations. Whenever the local standards contain more stringent provisions than any of the minimum standards contained herein, the more stringent standards shall govern. No manufactured home shall be admitted to any park unless it can be demonstrated that it meets the requirements of all state, county, and city codes governing installation of plumbing, heating, and electrical systems.

   (B)   Permitted uses.

      (1)   Manufactured homes when placed in manufactured home parks as defined in § 150.03; and

      (2)   Public open space.

   (C)   Conditional uses.

      (1)   Manufactured home parks as defined in § 150.03;

      (2)   Public and private schools having a regular course of study accredited by the State Department of Education;

      (3)   Churches, chapels, temples, synagogues, convents, seminaries, monasteries, and nunneries; and

      (4)   Publicly owned buildings or structures, utility building, telephone exchange, transformer stations and substations, but not including storage yards or similar facilities.

   (D)   Accessory uses.

      (1)   Uses incidental or accessory to the operation of a manufactured home park, provided the uses are only for the benefit and convenience of the occupants of the manufactured home park and approved by the Planning Commission. The uses shall not occupy more than 10% of area of the park;

      (2)   Privately owned recreation facilities such as swimming pools or tennis courts for the use of residents;

      (3)   Garages, private; and

      (4)   Tool houses and sheds or similar buildings for the storage of domestic supplies.

   (E)   Required lot area, lot density, and lot setback requirements.

      (1)   The minimum site sizes for each manufactured home shall be 4,000 square feet.

      (2)   There shall be an open space of at least 10 feet between the sides of adjacent manufactured homes including their attachments.

      (3)   There shall be a minimum setback of 10 feet from all public streets or alleys.

      (4)   No manufactured home shall be parked closer than 10 feet to the side lot lines of a manufactured home park if the abutting property is improved property.

      (5)   Other requirements governing manufactured home parks are outlined in the regulations of the Minnesota State Board of Health.

   (F)   General regulations. Additional requirements applicable to the R-2 Mobile Home Park District are set forth in § 150.11.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Purpose. The B-1 Highway Business District is designed and intended to promote the development of uses which require large concentrations of automobile traffic. The district is also designed to accommodate those commercial activities which require larger amounts of land and which may be incompatible with the predominantly retail uses permitted in other business districts.

   (B)   Permitted uses. The following uses shall be permitted within the B-1 Highway Business District:

      (1)   Agriculture and agri-related uses;

      (2)   Automobile, motorcycle, truck and farm implement/equipment dealers, new and used vehicle lots, boat, trailer, and manufactured home display lots and structures;

      (3)   Automobile service stations (gas stations) including convenience stores selling gas, groceries, food, and the like and repair shops including body shops;

      (4)   Bowling alleys;

      (5)   Car washes;

      (6)   Clinics;

      (7)   Community or convention centers;

      (8)   Dance halls;

      (9)   Dry cleaning establishments;

      (10)   Drive-in retail stores and service uses;

      (11)   Livestock feed sales;

      (12)   Frozen food lockers;

      (13)   Grocery, fruit, vegetable, and meat stores;

      (14)   Greenhouses, nurseries, and garden stores;

      (15)   Ice vending station;

      (16)   Laundromats;

      (17)   Laboratories, medical and dental;

      (18)   Lumber yards and building materials;

      (19)   Marine and boat sales and servicing establishments;

      (20)   Miniature golf courses;

      (21)   Mortuaries and funeral homes;

      (22)   Motels, hotels, and camping facilities;

      (23)   Municipal service and utility buildings to include water treatment plants, transformers and relay stations, fire stations, highway department vehicle and equipment garages and storage;

      (24)   Outdoor advertising devices as regulated under sign regulations;

      (25)   Professional and business offices;

      (26)   Restaurants and cafes, including drive-in type restaurants;

      (27)   Sign contractor;

      (28)   Skating rinks;

      (29)   Taverns;

      (30)   Veterinarians, including observations kennels for households pets, provided, however, all the kennels are contained within completely enclosed structures;

      (31)   Warehousing;

      (32)   Wholesaling;

      (33)   Cartage and express facilities; and

      (34)   Adult uses, accessory.

   (C)   Conditional uses. The following uses shall be conditional uses within the B-1 Highway Business District:

      (1)   Blacksmith shop;

      (2)   Bulk fuel sales and storage facilities (but not including facilities associated with the collection, storage, or processing of waste, used, or recyclable petroleum products);

      (3)   Fertilizer and chemical sales and storage;

      (4)   Grain elevators; and

      (5)   Other business activities of the same general character as listed in division (B) above.

   (D)   Accessory uses. The following uses shall be accessory uses permitted within the B-1 Highway Business District:

      (1)   Accessory uses customarily incidental to the uses permitted in divisions (B) and (C) above; and

      (2)   Off-street parking and loading as regulated in § 150.12.

   (E)   Height regulations. No building shall hereafter be erected or structurally altered to exceed 45 feet in height.

   (F)   Front yard regulations.

      (1)   There shall be a front yard setback of not less than 65 feet from the centerline of all state and county highways and all other public rights-of-way.

      (2)   Where a lot is located at the intersection of 2 or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard setback line of either road.

   (G)   Side yard regulations. There shall be a side yard having a width of not less than 15 feet on each side of a building, except that no building shall be located within 50 feet of any side lot line abutting a lot located in a residential district and the side yard shall contain a solid fence or vegetative screening.

   (H)   Rear yard regulations. There shall be a rear yard having a depth of not less than 15 feet, except no building shall be located within 50 feet of any rear lot line abutting a lot in a residential district and shall contain a solid fence or vegetative screening. The minimum rear yard may not be used for off-street parking or loading space when abutting any residential district.

   (I)   Lot width. Every lot or tract shall have a width of not less than 100 feet abutting a public right-of-way.

   (J)   Lot area regulations. Every lot or plot of land shall contain an area of not less than 10,000 square feet.

   (K)   Lot coverage regulations. Not more than 50% of the lot or plot of land shall be occupied by buildings.

   (L)   General regulations. Additional requirements applicable to the B-1 Highway Business District are set forth in § 150.11.

(Ord. 106, passed 3-13-1995; Am. Ord. passed 5-6-2002) Penalty, see § 150.99

   (A)   Purpose. The B-2 General Business District is intended to serve the community by providing a district for high density retail sales, business and personal services, business and professional offices, and for specialized businesses dependent upon a high volume of pedestrian traffic.

   (B)   Permitted uses. The following uses shall be permitted within the B-2 General Business District:

      (1)   Antique, jewelry, gift, novelty, or souvenir stores;

      (2)   Apparel and accessory stores;

      (3)   Appliance stores (sales and service), hardware stores, paint and wallpaper stores, sewing machine sales and service, bicycle sales and service;

      (4)   Art and school supply, book and stationery stores;

      (5)   Art galleries;

      (6)   Art, photographic, recording, music and dance studios and schools;

      (7)   Bakeries, retail, employing not more than 4 persons in the baking process;

      (8)   Banks, savings and loan associations, and loan and finance companies, including drive-in facilities;

      (9)   Bars, including lounges, night clubs, on-sale liquor establishments;

      (10)   Barber and beauty shops;

      (11)   Billboards and signs (as regulated by the sign regulations);

      (12)   Business, commercial, or trade schools;

      (13)   Business machines stores;

      (14)   Camera and photographic supply stores, hobby and toy stores, sporting goods stores, music and musical instrument stores;

      (15)   Cabinet, carpenter, upholstering, or furniture repair shops employing not more than 4 persons in the construction or repair process;

      (16)   Clinics, dental or medical;

      (17)   Dairy stores;

      (18)   Department stores;

      (19)   Dressmaking, seamstress, tailor;

      (20)   Drugstores;

      (21)   Farm equipment sales and service;

      (22)   Floral sales;

      (23)   Furniture stores, home and office furnishings, carpet and rug stores;

      (24)   Garden and lawn equipment sales and service stores;

(Am. Ord. passed 9-4-2001)

      (25)   Gas stations, vehicle repair shops, including tire and battery stores, and body shops;

(Am. Ord. passed 9-4-2001)

      (26)   Government or municipal buildings including libraries;

      (27)   Grocery stores, fruit, vegetable, floral, candy, ice cream, soft drink or confectionary stores, excluding drive-in type service;

      (28)   Health equipment stores, health clubs, gyms;

      (29)   Interior decorators;

      (30)   Laboratories, dental or medical;

      (31)   Laundromats and dry cleaning collection stations;

      (32)   Liquor stores (off-sale);

      (33)   Locksmiths;

      (34)   Luggage stores and leather goods;

      (35)   Meat markets and frozen food lockers;

      (36)   Medical supply stores;

      (37)   Mortuaries or funeral homes;

      (38)   Motels, hotels, or boarding houses;

      (39)   Newspaper offices, printing and publishing shops;

      (40)   Offices of any type including employment agencies;

      (41)   Opticians and optical goods;

      (42)   Parks;

      (43)   Parking lots and garages;

      (44)   Photographic studios or picture processing;

      (45)   Plumbing, heating, and air conditioning shops and showrooms (supplies and sales);

      (46)   Post offices;

      (47)   Public utility service stores;

      (48)   Radio or television broadcasting or transmitting stations or studios;

      (49)   Radio and television sales and service;

      (50)   Repair, rental, and servicing of any article the sale of which is permitted in this district;

      (51)   Restaurants, cafes, delicatessens, or taverns, excluding drive-in type of service;

      (52)   Shoe sales and repair shops;

      (53)   Telephone exchanges;

      (54)   Theaters, not including drive-in theaters;

      (55)   Travel bureaus or agencies;

      (56)   Variety stores;

      (57)   Vending machines for ice, milk, and pop sales;

(Am. Ord. passed 11-6-1996)

      (58)   Sales and service of new and used cars, trucks, all-terrain vehicles (ATVs), motorcycles, personal watercraft, and snowmobiles; and

(Ord. passed 9-4-2001)

      (59)   Adult uses, accessory.

(Ord. passed 5-6-2002)

   (C)   Conditional uses. The following conditional uses may be allowed in the B-2 General Business District:

      (1)   Apartment buildings from 1 to 4 units each;

      (2)   Armories;

      (3)   Bowling alleys;

      (4)   Bus terminals;

      (5)   Dance halls;

      (6)   Electronic and electrical assembly establishments, electric service shops;

      (7)   Mini-storage facilities;

      (8)   Skating areas;

      (9)   First and second floor apartments related to commercial structures;

      (10)   Any other business activities of the same general character as listed in division (B) above; and

(Am. Ord. passed 11-6-1996)

      (11)   The mixing and blending of micro and macro feed supplements for animal nutrition purposes.

(Ord. passed 10-2-2000)

   (D)   Accessory uses. The following shall be accessory uses within the B-2 General Business District: accessory uses incidental to and located on the same lot as the uses permitted in divisions (B) and (C) above. This includes display/sales lots for items sold in this district such as farm equipment and new and used cars and trucks.

(Am. Ord. passed 1-3-2005)

   (E)   Height regulations. No building shall hereafter be erected or structurally altered to exceed 45 feet in height.

   (F)   Front yard regulations. No front yard setback shall be required.

   (G)   Side yard regulations. No side yard shall be required, except that where a building abuts upon a lot in any of the classes of residential districts, then a 20-foot side yard setback shall be required.

   (H)   Rear yard regulations. No rear yard shall be required, except where a building abuts upon a lot in any of the classes of residential districts, then a 20-foot rear yard setback shall be required.

   (I)   Lot width. A minimum lot width of 22 feet shall be required.

   (J)   Lot depth. A lot depth of 100 feet shall be required.

   (K)   General regulations. Additional requirements applicable to the B-2 General Business District are set forth in § 150.11.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Purpose. The I-1 Industrial District is intended to encourage industrial development in the appropriate areas of the city. These uses shall maintain a high level of performance and appearance, including open spaces and landscaping and encourage development that is compatible with surrounding abutting districts.

   (B)   Permitted uses. The following uses shall be permitted within the I-1 Industrial District:

      (1)   Aircraft rental, sales, servicing, and related activities;

      (2)   Antennae for radio, television, and broadcasting studios and facilities;

      (3)   Art equipment supplies - manufacture;

      (4)   Bags, boxes, and paper containers - manufacturing and storage;

      (5)   Bakery products - wholesale;

      (6)   Bottling establishments;

      (7)   Blank books, looseleaf binders - fabrication and assembly;

      (8)   Books and binding;

      (9)   Building materials sales and storage - lumber yards;

      (10)   Cabinet and woodworking establishments;

      (11)   Cartage and express facilities;

      (12)   Clothing manufacture;

      (13)   Camera and photographic manufacturing;

      (14)   Cold storage plants, commercial printing, publishing, engraving and reproduction firms;

      (15)   Commercial printing, publishing, and reproduction firms;

      (16)   Confectionery and related products - manufacture and packaging;

      (17)   Dental instruments and supplies;

      (18)   Dry cleaning and dying establishments;

      (19)   Electric lighting and wiring equipment - manufacture;

      (20)   Electric measuring and testing equipment - manufacture;

      (21)   Electronic measuring and testing equipment - manufacture;

      (22)   Electrical products and appliances - manufacture and assembly;

      (23)   Farm implement sales and storage;

      (24)   Footwear - manufacture and fabrication;

      (25)   Freight terminal;

      (26)   Frozen food lockers;

      (27)   Hand and edge tools (except machine tools) - manufacture and assembly;

      (28)   Hardware warehousing and distribution operations;

      (29)   Highway maintenance shops and yards;

      (30)   Ice plants and ice cream plants;

      (31)   Jewelry manufacture;

      (32)   Laboratory instruments and associated equipment, scientific and testing;

      (33)   Laundries, large scale;

      (34)   Luggage, handbags, and similar items - manufacture and assembly;

      (35)   Mail order houses;

      (36)   Medical and surgical instruments and supplies;

      (37)   Office buildings directly related to any of the uses permitted in this district;

      (38)   Office furniture and supplies - manufacture and assembly;

      (39)   Optical instruments and lenses - manufacture and assembly;

      (40)   Patterns - design and manufacture;

      (41)   Pottery shops;

      (42)   Precision instruments;

      (43)   Plastic extrusion and molding and fixture;

      (44)   Plumbing fixtures and equipment - wholesale/retail;

      (45)   Radio and television - assembly and parts fabrication;

      (46)   Signs and billboards (as regulated in § 150.13);

      (47)   Sports equipment - manufacture and assembly;

      (48)   Scientific and research instruments and equipment - manufacture and assembly;

      (49)   Telephone and telegraph apparatus - manufacture and assembly;

      (50)   Temperature controls - fabrication and assembly;

      (51)   Trade schools;

      (52)   Welding supply;

      (53)   Wholesale business facilities;

      (54)   Warehousing facilities;

      (55)   Other uses clearly similar to uses permitted in this district; and

      (56)   Adult use, accessory.

   (C)   Conditional uses. The following uses may be allowed in the I-1 Industrial District:

      (1)   Automotive, truck, and other internal combustion engine equipment repair;

      (2)   Bulk fuel sales and storage facilities (but not including facilities associated with the collection, storage or processing of waste, used, or recyclable petroleum products);

      (3)   Contractors offices, shops and yards for plumbing, heating, glazing, painting, roofing, ventilating, air conditioning, masonry, electric and refrigeration;

      (4)   Electrical substations;

      (5)   Fertilizer and chemical sales and storage;

      (6)   Grain elevators;

      (7)   Monument works;

      (8)   Planned industrial parks;

      (9)   Any manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products similar to those listed in division (B) above which conform with the performance standards set forth for this district; and

      (10)   Adult use, principal.

   (D)   Accessory uses. The following uses shall be accessory uses within the I-1 Industrial District:

      (1)   All uses customarily incidental to the uses permitted in divisions (B) and (C) above; and

      (2)   Off-street parking and loading as regulated in § 150.12.

   (E)   Height regulations. No structure shall exceed 4 stories or 45 feet in height, except that cooling towers, elevator penthouses, domes which do not contain usable space, water towers, and smoke stacks and storage bins may be of any height which does not conflict with airport requirements.

   (F)   Front yard regulations.

      (1)   There shall be a front yard setback of not less than 130 feet from the center line of all federal, state, county, and county-state aid highways, except for divided highways which will require 100 feet from the highway right-of-way line.

      (2)   There shall be a front yard setback of not less than 65 feet from the center line of all other public rights-of-way or private roads.

      (3)   Where a lot is located at the intersection of 2 or more roads or highways, there shall be a front yard setback from each road or highway side of each corner lot. No accessory buildings shall be allowed within the required front yard.

   (G)   Side yard regulations. There shall be a side yard on each side of a building, each yard having a width of not less than 15 feet, except where a district abuts a residential district, the side yard shall have a width of not less than 50 feet and shall contain a solid fence or a vegetative screening.

   (H)   Rear yard regulations. There shall be a rear yard having a depth of not less than 15 feet, except where the district abuts a residential district, there shall be a rear yard having a depth of not less than 50 feet, and shall contain a solid fence or a vegetative screening.

   (I)   Lot area regulations. Every individual lot, site, or tract shall have an area of not less than 1 acre.

   (J)   Lot coverage regulations. Not more than 40% of the total area of a lot shall be covered by buildings.

   (K)   General regulations. Additional requirements applicable to the I-1 Industrial District are set forth in § 150.11.

(Ord. 106, passed 3-13-1995; Am. Ord. passed 5-6-2002) Penalty, see § 150.99

   (A)   Intent. It is the intent of this section to guide development so as to create a compatible relationship of land uses by maintaining certain standards. Within the various districts, the permitted uses, conditional uses, and accessory uses shall conform to these standards. Standards listed herein shall be construed as minimum standards and the City Council may require adherence to approved or suggested State of Minnesota standards.

   (B)   Compliance. In order to ensure compliance with the performance standards set forth herein, the Planning Commission may require the owner or operator of any facility to have made the investigations and tests as may be required to show adherence to the performance standards. The investigation and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city, at the applicant’s expense.

   (C)   Landscaping. All required yards shall either be landscaped or be left in a natural state. Any area left in a natural state shall be property maintained in a sightly and well-kept condition. Businesses in the highway business district and industrial district adjoining any residential structures shall be landscaped with either a fence or buffer planting screens at least 5 feet in height. Plans of the screens shall be submitted for approval as a part of the site plan and installed prior to the commencement of operation.

   (D)   Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity, except for noise from agricultural sources in the A-1 Agriculture District generated by agricultural use shall be exempt.

   (E)   Odors. Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter of the quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a zoning permit, except odors from agricultural sources.

   (F)   Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall be directed at or illuminate adjacent properties.

   (G)   Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.

   (H)   Vibration. Any use creating periodic earth-shaking vibrations shall be prohibited if the vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.

   (I)   Smoke and particle matter. Any use established, enlarged, or remodeled after the effective date of this chapter shall be so operated to meet the minimum requirements of the Minnesota Pollution Control Agency for the emission of smoke or other particulate matter.

   (J)   Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding standards set forth by the Minnesota Pollution Control Agency, Department of Health, or other federal or state agency.

   (K)   Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein the use is located, toxic or noxious matter in the concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

   (L)   Height regulations.

      (1)   Where the average slope of a lot is greater than 1-foot rise or fall in 7 feet of horizontal distance from the established street elevation at the property line, 1 story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.

      (2)   Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:

         (a)   Monuments;

         (b)   Flag poles;

         (c)   Cooling towers;

         (d)   Elevator penthouses; and/or

         (e)   Windmills.

      (3)   Height limitations set forth elsewhere in this chapter may be increased with no limitation when applied to the following, provided a conditional use permit is issued to increase height:

         (a)   Church spires, belfries, or domes which do not contain usable space;

         (b)   Water towers;

         (c)   Chimneys or smokestacks;

         (d)   Radio or television transmitting towers;

         (e)   Essential service structures; and/or

         (f)   Grain elevators.

   (M)   Yard regulations. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.

      (1)   Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding 4 feet, 6 inches.

      (2)   Fire escapes may extend into the required front yard a distance not exceeding 4 feet, 6 inches.

      (3)   A landing place or uncovered porch may extend into the required front yard to a distance not exceeding 6 feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than 3 feet may be placed around the place.

      (4)   The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project into the required side yard distance, except on existing lots that are 50 feet or less in width, these allowable architectural features may project into the required side yard a distance of 2 feet.

      (5)   A wall, fence, or hedge may occupy part of the required front, side, or rear yard.

      (6)   The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a road or public road by obscuring the view.

   (N)   Area regulations.

      (1)   No lot shall be so reduced that the area of the lot or dimensions of the open spaces shall be smaller than herein prescribed.

      (2)   No dwelling shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space on the same lot. No building shall hereafter be erected or altered so as to close the present means of access to an existing dwelling or so as to diminish this means to a width less than the width of the existing dwelling.

   (O)   Accessory uses.

      (1)   In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than 5 feet to the main building, except as otherwise provided in this chapter.

      (2)   A detached accessory building shall not be located in any required front yard.

      (3)   A garage or building larger than 10 feet by 12 feet shall be considered a dwelling for purposes of side and rear yard regulations and requirements.

      (4)   A detached accessory building not over 1 story and not exceeding 16 feet in height, from the grade at the front wall of the building to the highest point of the roof, shall occupy not more than 30% of the area of any rear yard, providing further that no detached accessory building shall be located within 10 feet of any side lot line, except as noted in the residential district.

      (5)   In districts where filling stations are allowed, pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street right-of-way lines.

(Am. Ord. passed 11-6-1996)

   (P)   Buildings to be moved. Any building or structure which has been wholly or partially erected on any premises, located either within or outside of the city shall not be moved to and be placed upon any other premises in this city until an authorization to use the building or structure shall have been secured and a zoning permit obtained. In the event circumstances do not permit the owner to secure prior approval and permits, the owner shall immediately notify the Administrative Clerk/Treasurer that the building is being moved. The owner must secure a permit at the next meeting of the Planning Commission for any such building which has been moved. Any such building or structure shall conform to all the provisions of this chapter, in the same manner as a new building or structure.

   (Q)   Traffic visibility. No fence, wall structure, planting, or obstruction shall be erected, established, or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection. An object on the lot lines adjacent to the street within the required front yard and not exceeding 36 inches in height, as measured from the center line elevation of the street, shall not be considered as an obstruction to vision.

   (R)   Fences.

      (1)   All boundary line fences shall be entirely located upon the private property of the persons, firm, or corporation constructing, or causing the construction of the fence. All fences shall be set back at least 1 foot from all property division lines and those fences exceeding 3 feet in height shall maintain a 3-foot setback from a lot line unless:

         (a)   Mutual agreement can be demonstrated with abutting property owners; and

         (b)   A maintenance easement agreement can be drafted and agreed to by both affected parties; or

         (c)   Mutual ownership and responsibility agreements can be drafted and demonstrated to the City Council.

      (2)   Fences in the agricultural and residential districts shall not exceed 6 feet in height in the side and rear yards and shall not exceed 3 feet in height in the front yard.

      (3)   Fences in the business and industry district shall not exceed 6 feet in height except security fences, which shall not exceed 8 feet in height including barbed wire toppings.

      (4)   No fences shall be constructed within utility easements.

      (5)   All boundary line fences shall be constructed of decorative wood, decorative metal, decorative vinyl, or PVC or chain link fencing. Boundary line fences shall contain an adequate number of upright supports properly installed and the fence will be securely fastened to the supports to ensure that the fence shall remain in an upright position and not sag. Any type of fencing erected shall not be attached to trees. Snow fencing, barbed wire (unless used on the top of a fence otherwise constructed of chain link material and then only on a fence erected in a business or industrial district), woven wire, electric fence and other similar types of fencing are not permitted to be used as boundary line fences. Property owners shall maintain both sides of fences located on their property in reasonable repair and shall not be allow them to become and/or remain in a condition of disrepair or danger, or constitute a public or private nuisance. Fences shall be constructed with a finished side facing outward.

      (6)   Temporary fencing that meets a limited time use such as a seasonal fence to protect gardens from wandering animals, for crowd control or around a construction or demolition area or where a possibly hazardous condition may occur is permitted; however, these types of fences must be taken down as soon as the use is completed.

      (7)   Fencing to control the blowing of snow is also permitted; however, the fencing may only be erected between the dates of November 1 and April 1, or as soon after that date as the snow melts sufficiently to allow the fence to be taken down. Snow fencing shall meet the same height and setback requirements as those of boundary line fences.

      (8)   Hedges consisting of shrubs and other plantings in the front yard shall be no higher than 3 feet. On corner lots, no hedge or fence shall be erected, placed, planted, or allowed to grow in such a manner as would impede vision, obscure the view, or cause danger to traffic on a street, alley, or public road. All hedges shall be planted to meet the setback requirements from property lines that are required of fences when the hedges are mature. Hedges shall be maintained by the property owner upon which they are located so they do not constitute a nuisance to neighboring property owners or a danger to public health safety or welfare.

(Am. Ord. passed 12-7-1998)

   (S)   Lot survey requirements. In the cases where fences are being erected on property lines or structures are being enlarged within questionable distances of the applicable setbacks in districts, the Amboy Planning Commission will require the applicant (at the applicant’s expense) to have the lot surveyed and staked in order to insure compliance with those regulations established by the city.

   (T)   Limits on a request for a variance, conditional use permit, or amendment. A request for a variance, conditional use, or amendment which has been denied may not be requested again until a period of 6 months has passed unless the applicant can show to the satisfaction of the Planning Commission or Board of Adjustment that the conditions which were present under the earlier request filed have changed or that the request is substantially different.

   (U)   Home occupations. See § 150.03.

(Am. Ord. passed 11-6-1996)

   (V)   Residential occupancy. All structures used for residential occupancy, with the exception of manufactured homes in a manufactured home park district, shall have a minimum width of 24 feet on its narrowest dimension and shall be affixed to a permanent foundation constructed of concrete block, poured concrete, or wood which follows the perimeter of the ground level of the home and which extends below the frost line. All structures used for residential occupancy in a manufactured home park shall also be affixed to a permanent foundation which follows State of Minnesota guidelines for placement of manufactured homes and which may be constructed of concrete block, poured concrete walls or piers, or wood extending below the frost line. All structures used for residential occupancy in any district shall be anchored to resist movement.

(Am. Ord. passed 12-7-1998)

   (W)   Regulations on screening, landscaping, lighting, storage, and outdoor displays.

      (1)   Screening. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

      (2)   Landscaping. All exposed ground areas surrounding or within a principal or accessory use including boulevards, which are not devoted to drives, sidewalks, patios, or other the uses shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchandise.

      (3)   Lighting. Lighting shall be directed away from public rights-of-way and residential districts. Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.

      (4)   Storage displays. All materials, supplies, merchandise, or other similar matter not on display for a direct sale, rental, or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the highway commercial district, or within the confines of a 100% opaque wall or fence not less than 5 feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the highway commercial district, but the area occupied by the outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless the merchandise is of a type customarily displayed outdoors such as garden supplies. No storage of any type shall be permitted within the 1/2 of the required front or side street setback nearest the streets.

   (X)   Erection and improvement of buildings.

      (1)   Chimneys. In every building hereafter erected, altered, or repaired within the City of Amboy, all chimneys shall be constructed of brick or other incombustible material.

      (2)   Studding, joists, and rafters. All shall be of the size and quality as to safely sustain the loads to be carried.

      (3)   Electric wiring. In every building, all electric wiring apparatus or appliances for furnishing light, heat, or power shall be in strict conformity with the statutes of the State of Minnesota, the rules and regulations issued by the Railroad and Warehouse Commission, the State Fire Marshal, and the Industrial Commission of Minnesota and in conformity with approved methods of construction for safety to life and property.

      (4)   Smoke detector. As per Minnesota State Electrical Code, all new residential buildings must have a smoke detector.

      (5)   Water and sewer. The design and construction of water supply facilities and treatment of all sewage and waste shall comply with the city, county, and state health standards and requirements. Owner must pay all costs of connecting water and sewer to the new structure from the property line. When possible, water and sewer connections will be in the alley, rather than in the street. Owner must pay a water and sewer service connection fee before zoning permit is issued. Owner must pump water from basement onto property, not down the sanitary sewer. See Title V for further regulations regarding storm water drainage.

(Ord. 106, passed 3-13-1995; Am. Ord. passed 1-3-2005) Penalty, see § 150.99

   (A)   Scope of regulations. All parking hereafter constructed or maintained shall conform to the provisions of this section and any other ordinance or regulation of the city. For any and all uses or structures not specifically provided for in this section, the Planning Commission shall determine proper parking or loading requirements as appropriate.

   (B)   Size reduction of parking lot and loading space. Future parking and loading facilities and the facilities existing at the effective date of this chapter shall not be reduced below the minimum size requirements established in this chapter.

   (C)   Parking lot and loading area use restriction. Parking lot and loading facilities required by this chapter for a given building or use shall not be used for storage of goods or for storage of vehicles that are inoperable as defined by Minnesota Statutes.

   (D)   Parking and storage of vehicles.

      (1)   Definitions. For the purpose of this division (D), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         ABANDONED MOTOR VEHICLE. A motor vehicle, as defined in this division (D)(1) which has been voluntarily surrendered by its owner to the City of Amboy or to a person duly licensed under M.S. § 168B.10, as it may be amended from time to time, or which has remained for more than 48 hours in a condition described by one of the following:

            1.   On public property in violation of the city’s ordinances or Minnesota Statutes; or

            2.   On private property without consent of the person in control of the property.

         JUNKED and ABANDONED MOTOR VEHICLES – EXEMPTIONS. For the purposes of this section, the following shall not be considered junked or abandoned motor vehicles:

            1.   A classic or pioneer car, as defined in M.S. § 168.10, as it may be amended from time to time; provided that it is kept secure and as long as it has substantial potential further use consistent with its usual functions;

            2.   A vehicle kept inside an enclosed garage or storage building; and/or

            3.   Vehicles with license plates that have expired less than 1 year prior to the date of inspection that are on the premises of a motor vehicle and parts dealer, automobile repair garage, or body shop that is licensed in accordance with Minnesota Statutes or with local ordinances and zoning regulations and when the parking or storing of vehicles is necessary to the operation of the business or commercial enterprise.

         JUNKED MOTOR VEHICLE. Any motor vehicle as defined by above with license plates which have an expiration date more than 70 days prior to the date of inspection or the condition of which is wrecked, dismantled, partially dismantled, inoperative, or discarded.

         MOTOR VEHICLE. Any motor vehicle as defined by M.S. § 169.01, as it may be amended from time to time, including, but not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, ATVs (all-terrain vehicles), trucks, tractors, go-carts, campers, and trailers.

         PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.

         PRIVATE PROPERTY. Any real property within the city which is privately owned and which is not public property as defined in this section.

         PUBLIC PROPERTY. Any street, alley, or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purpose of vehicular travel, and also means any other publicly owned property or facility.

      (2)   Parking and storage of abandoned, junked, dismantled, and inoperative vehicles prohibited.

         (a)   Parking and storage on public property. No person shall park, store, or leave, or permit the parking, storage, or leaving of any abandoned vehicles or any vehicle which is in a wrecked, junked, partially dismantled, or inoperative condition upon any public property within the City of Amboy for a period in excess of the time allowed in Chapter 70.

         (b)   Parking and storage on private real property. No person owning, in charge of, or in control of any real property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned, wrecked, dismantled, inoperative, junked or partially dismantled motor vehicle of any kind to remain stored in the open, outside of an enclosed building, longer than 14 days.

(Am. Ord. passed 1-3-2005)

      (3)   Notice to remove. Whenever it comes to the attention of city authorities that any person has an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle on their real property, a notice in writing shall be served by U.S. mail upon the person requesting the removal of the motor vehicle within 14 days.

      (4)   Responsibility for removal. Within 14 days of the mailing of the notice, the owner of the abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.

      (5)   Notice procedure. The city authorities shall give notice of removal to the owner or occupant of the private property where it is located. It shall constitute sufficient notice when a copy of the same is sent by certified mail to the owner or occupant of the private property at his last known address. The notice shall contain the demand for removal within 14 days after the mailing of the notice and the notice shall advise that failure to comply with the notice to remove shall be a violation of this chapter.

(Am. Ord. passed 8-6-2001)

   (E)   Parking of commercial vehicles or equipment. No commercial vehicles, trailers, or equipment shall be parked, stored, or otherwise contained in a residential district unless in a completely enclosed structure or unless they are being used in conjunction with a legitimate service being rendered for the benefit of the residential premises.

   (F)   Location of parking and loading facilities.

      (1)   Required on-site parking space should be provided on the same lot as the principal building or use. Where the space cannot be reasonably provided on the same lot with the principal use, the City Council, with the approval of the City Planning Commission, may permit the space to be located on other off-street property if the space is within 300 feet of the permitted use, measured along lines of public access, unless specifically waived by the City Council or the parking spaces may be provided as described below in division (G).

      (2)   On-site parking and loading facilities shall not be subject to the front yard, side yard, and rear yard regulations for the district in which the parking is located except that:

         (a)   In a business district, no parking or loading space shall be located within 10 feet of any property line that abuts a road, highway right-of-way, or any residence district; and

         (b)   In an industrial district, no parking or loading space shall be located within 20 feet of any property line that abuts a highway right-of-way line or any residence district.

   (G)   Combined parking facilities. Combined or joint parking facilities may be provided for 1 or more buildings or uses in business districts and industry districts provided that the total number of spaces shall equal the sum of the requirements for each building or use.

   (H)   General parking lot and loading area construction requirements.

      (1)   Generally. Off-street parking and loading areas for each building or use shall be of sufficient size to provide parking or loading and unloading space for owners, patrons, customers, suppliers, visitors, and employees.

      (2)   Site plan. All plans requiring parking spaces or loading facilities submitted for a zoning permit shall include a site plan. This site plan shall be considered as part of the zoning permit and the zoning permit will not be issued until all the following items are shown on the site plan:

         (a)   Zoning, setbacks, and statement of use;

         (b)   North point and scale;

         (c)   All adjacent rights-of-way;

         (d)   Entire ownership of lot or parcel being developed;

         (e)   Completely dimensioned parking layouts;

         (f)   All parking spaces clearly marked; and

         (g)   Owner’s name and current address.

      (3)   Driveway or curb cuts. No driveway or curb cuts in any district shall exceed 35 feet in width. Also, the number and width of driveways or curb cuts shall be so located as to minimize traffic congestion and abnormal traffic hazards.

      (4)   Access. Parking lot and loading areas shall have proper access from a public right-of-way. Vehicular access to business or industrial uses across property in any residential district is prohibited.

      (5)   Lighting. Any lighting used to illuminate off-street parking or loading areas shall be directed away from residential properties and public rights-of-way. They shall also be positioned in such a way as not to create a nuisance.

      (6)   Necessary conditions. The Planning Commission may require any other conditions as may be deemed necessary to protect the character, value, or usefulness of the district.

   (I)   Parking lots in residential district. If, in the best interest of the community, the Planning Commission may permit the use of land in a residential district for a parking lot, provided the land abuts or is across the street from a district other than a residential district and:

      (1)   The lot is used only for the parking of passenger vehicles of employees, customers, or guests of the person or firm controlling and operating the lot;

      (2)   There shall be no charge for parking on the lot;

      (3)   The lot shall not be used for sales, repair work, or servicing of any kind;

      (4)   Entries and exits to or from the lot shall be located in such a way as to do no harm to the residential district;

      (5)   There shall be no advertising signs or materials located on the lot; and/or

      (6)   All parking shall be kept behind the building setback line by a barrier unless otherwise specifically authorized by the Planning Commission.

   (J)   Parking lot and loading area maintenance. The owner of the parking lot or loading area is responsible for the maintenance of those facilities. He or she shall maintain the parking and loading areas, access drives, and yard areas in a neat and adequate manner.

   (K)   Computing parking space requirements. In computing the number of parking spaces required in a given parking lot, the following rules shall govern:

      (1)   Floor space shall mean the gross floor area of the specified use;

      (2)   Where fractional space results, the parking spaces required shall be construed to be the nearest whole number; and

      (3)   The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of a similar nature, as determined by the Planning Commission.

   (L)   Minimum parking space size requirement. Regular parking spaces shall be 19 feet in length and 9 feet in width. The number and size of handicapped parking spaces that must be provided in off-street parking lots shall conform to the state and federal statutes pertaining to this issue.

   (M)   Minimum parking lot size. Each parking lot shall contain a minimum area of not less than 300 square feet, including access drives, a width of not less than 9 feet and a depth of not less than 20 feet.

   (N)   Required number of on-site parking spaces. The minimum number of required on-site parking spaces for various uses shall be as follows:

      (1)   One- and 2-family dwellings - 2 parking spaces per family. A garage shall be counted towards fulfilling this requirement;

      (2)   Multiple-family - 2 spaces for each apartment, except housing for the elderly projects, which shall provide 3/10 parking space for each dwelling unit;

      (3)   Lodging, rooming and boarding houses, tourist homes, cabins or motels - 1 parking space for each guest or sleeping room or suite, plus 3 spaces for the owner or manager if resident on the premises;

      (4)   Hotels - 1 parking space for each room or suite, plus 2 spaces for each 5 employees;

      (5)   Mobile home parks - 2 off-street parking spaces for each mobile home berth;

      (6)   Travel trailer courts or camps - 1-1/2 parking spaces for each trailer space;

      (7)   Private clubs or lodges - parking spaces equal in number to, but not less than 20% of the active membership thereof, plus 1 space for each employee of the club or lodge;

      (8)   Hospitals, sanitariums, convalescent homes - 1 parking space for each 3 beds (excluding bassinets), plus 1 for each staff or visiting doctor, plus 1 for each 2 employees, including nurses. Loading and unloading space for all emergency vehicles is not included in the spaces herein;

      (9)   Mortuaries or funeral parlors - 1 parking space for all official vehicles, plus 1 parking space for each family in residence on the premises, plus 1 space for each 35 square feet of seating area;

      (10)   Dance hall - 1 space for each 35 square feet of dance floor area, plus 1 space for each 2 employees;

      (11)   Bowling alleys - 5 parking spaces for each bowling lane, plus 1 parking space for each 2 employees;

      (12)   Miniature golf course, archery or golf driving range - 10 parking spaces or 1 parking space for each practice area, whichever is greater;

      (13)   Convention halls, auditoriums, theaters, stadiums, sports arenas, or similar uses - 1 parking space for each 4 seats based upon design capacity, plus 1 parking space for each 2 employees;

      (14)   Churches - 1 parking space for each 3 seats based on the design capacity of the main seating area;

      (15)   Medical and dental clinics and similar professional offices - 4 parking spaces, plus 1 space for each 500 square feet of floor area over 1,000 square feet;

      (16)   Golf courses, golf clubhouse, country club, swimming club, tennis club, public swimming pool - 20 spaces, plus 1 space for each 500 square feet of floor area in the principal structure;

      (17)   Auto, trailer, marine and boat sales, implement sales, garden supply stores, building material sales and auto repair - 6 parking spaces, plus 1 parking space for each 500 square feet of floor area over 1,000 square feet;

      (18)   Retail sales and service establishments - 1 parking space for each 100 square feet of floor area;

      (19)   Restaurants, night clubs, tea rooms, and lunch counters - 1 parking space for each 100 square feet of gross floor space;

      (20)   Office, professional, or public buildings - 1 parking space for each 250 square feet of gross floor area;

      (21)   Automobile service station - 4 parking spaces, plus 2 parking spaces for each service stall. The parking spaces shall be in addition to the gas pump service area;

      (22)   Drive-in restaurants - 20 parking spaces or 1 space for each 20 square feet of floor area, whichever is greater;

      (23)   General business, commercial, and personal service establishments - 1 parking space per 400 square feet of gross floor area;

      (24)   Industrial and manufacturing establishments and storage, wholesale or warehouse establishments - 1 off-street parking space for each 2 employees on the major shift or 1 parking space for each 1,000 square feet of gross floor area within the building, whichever is greater, plus 1 space for each company motor vehicle when customarily kept on the premises; and

      (25)   Schools, public and private - 1 parking space for each classroom plus 1 parking space for each 10 students, based upon design capacity.

   (O)   Loading area requirements. In any business or industrial district, space for loading of vehicles shall be provided on the same lot for every building used or designed to be used for business or industrial purposes. One loading space at least 10 feet by 25 feet shall be provided for each 20,000 square feet of floor area in the building. No building or part thereof in a business district or industrial district heretofore erected which is used for any of the uses specified for the district shall hereafter be enlarged or extended without providing off-street parking and loading space as provided for in the provisions of this chapter.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Signs.

      (1)   No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a permit unless no permit is required pursuant to division (B) below. The signs must be in conformity with the provisions of this section.

      (2)   Signs pertaining to or advertising products sold on the premises of a non-conforming building or use may be continued only when the non-conforming use is permitted to continue. Such signs must not be expanded in number, area, height, or illumination. New signs not to exceed 35 square feet in aggregate area may be erected only afer all other signs existing at the time of the adoption of this section have been removed. New signs in conformity with the above may have illumination on 1 face of the sign, but flashing, intermittent or moving illumination is not permitted.

(Am. Ord. passed 10-1-2007)

   (B)   Exempted signs; no permit required. The following signs need no permit, but shall conform to the requirements of this section:

      (1)   Signs for 1- or 2-family dwellings identifying the occupant or street address, provided that the signs are less than 1 square foot in area;

      (2)   Pedestrian vehicular-traffic and parking directional signs in parking lots, provided the signs are less than 8 square feet in area and 6 feet in height;

      (3)   Public signs, street signs, warning signs, or signs of public companies for the purpose of safety;

      (4)   Signs denoting the architect, engineer, contractor, or owners when placed upon a work site. The signs shall be removed within 10 days after completion of construction;

      (5)   Signs designating candidates seeking public political office, provided that the election sign shall not exceed 8 square feet in size. The signs shall be located on private property, shall not be located so as to obstruct vehicular lines of sight and shall be removed in accordance with state guidelines after the election is held;

      (6)   Flags, badges, or insignia of any government, governmental agency, or any civic, religious, fraternal, or similar organization;

      (7)   Emergency signs required by any governmental agency;

      (8)   Temporary real estate signs pertaining only to the sale, rental, or development of the lot upon which displayed. The signs shall not exceed 6 square feet for residential property or 24 square feet for other property. One sign shall be permitted for each lot and must be removed within 10 days following the sale, lease, or development;

      (9)   Banners placed on private property for advertising a special sales event or grand opening. The banners shall contain no advertising;

      (10)   Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or incombustible material;

      (11)   Home occupation signs, non-illuminated, attached to the wall of a dwelling, and not exceeding 1.5 square foot in area; and

      (12)   Temporary real estate development signs pertaining to the sale, rental, or development of the premises upon which displayed. One sign is permitted per development. Each sign shall not exceed 32 square feet. Signs shall be properly maintained and removed when 80% of the project is sold, rented, or developed.

   (C)   Prohibited signs. The following signs are prohibited by this section:

      (1)   Signs that by reason of position, shape or color would interfere with the proper function of a traffic sign, signal or be misleading to vehicular traffic;

      (2)   Signs within a public right-of-way or easement, except for signs installed by governmental subdivisions;

      (3)   Signs that resemble any official marker erected by a governmental agency or that displays the words as “stop” or “danger” which are not erected by legal authority;

      (4)   Signs attached to trees or utility poles;

      (5)   Signs with rotating beams or flashing illumination;

      (6)   Rotating signs; and

      (7)   Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved.

   (D)   Permitted signs. The following signs are permitted in the R-1, R-2, and A-1 Districts:

      (1)   Signs over show windows or doors of a nonconforming business establishmentshall be governed by the provisions contained in division (A)(2).

(Am. Ord. passed 10-1-2007)

      (2)   Name, occupation, and warning signs not to exceed 2 square feet located on the premises;

      (3)   Bulletin boards for public, charitable, or religious institutions not to exceed 20 square feet in area located on the premises;

      (4)   Religious uses, public institutions, non-residential and residential development identification signs not exceeding 32 square feet in area. The identification signs may be wall or ground mounted or combination thereof. A ground sign shall not exceed 15 feet in height. There may be a second sign if the use abuts 2 or more public streets; and

      (5)   All signs shall be set back 5 feet from the property line.

   (E)   Permitted uses. The following signs are permitted in the B1, B-2, and I-1 Districts.

      (1)   Signs that are placed on the exterior walls of buildings shall not extend more than 18 inches from a building’s wall surface, shall not exceed 250 square feet in area for any 1 premises, and shall not exceed 30 feet in height above the mean centerline street grade. This provision shall not apply to agricultural structures or structures in the industrial district.

      (2)   Ground signs which do not exceed 30 feet in height above the main centerline street grade, shall meet all yard requirements for the district in which it is located, shall not exceed 100 square feet on 1 side nor 200 square feet on all sides for any 1 premises.

      (3)   Roof signs which do not exceed 10 feet in height above the roof shall meet all the yard and height requirements for the district in which it is located, and shall not exceed 300 square feet on all sides for any 1 premises.

      (4)   Window signs that are placed only on the inside of commercial buildings.

      (5)   A combination of any of the above signs which shall meet all the requirements for the individual sign except when the signs are located in the industrial district.

      (6)   Projecting signs which provide a minimum undersign clearance of at least 10 feet and shall not project more than 48 inches over a sidewalk.

      (7)   Off-premise advertising signs (billboards) shall only be permitted in the B-1, B-2, or I-1 Districts and shall be spaced no closer than 300 feet. These signs shall not exceed 55 feet in length nor 750 square feet in total area. Maximum allowable signage shall be computed on the basis of 1 side of any double-faced sign. Billboards shall meet all setback requirements and shall not be located within 100 feet of any residential zone, church, school, or designated recreation area.

   (F)   General regulations. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape, and no sign shall be attached to a standpipe or fire escape.

   (G)   Nonconforming signs. Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size, or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use or structure and the provisions of § 150.17 shall apply.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   No trucks in excess of 1-ton rated capacity and no tractor or semi-trailer shall be parked, stored, or repaired on public streets in any of the residential districts, except for trucks making normal deliveries.

   (B)   No trucks, tractors, implements, or merchandise may be stored or displayed for sale within the right-of-way of any public street or thoroughfare.

   (C)   No campers, trailers, boats, or recreation vehicles shall be stored on public rights-of-way. A camper, trailer, boat, or recreation vehicle left unattended for 72 hours shall be considered stored on a public right-of-way.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Any satellite dishes hereafter erected shall conform with the provisions of this section and any other ordinance or regulation of the city.

   (B)   All dish antennas over 1 meter (39.4 inches) shall be prohibited from roof tops unless it is determined by the city that placement within side or rear yards is impractical.

   (C)   Satellite dishes and other dishes shall not be located in front yards.

   (D)   No satellite dish or other dish shall be located within 10 feet of any rear lot or side lot line in any residential district.

   (E)   Only 1 such structure exceeding the district height limitations shall exist at any 1 time on any residential or commercially zoned and used lot or parcel.

   (F)   The applicant is responsible for any required license by any federal, state, or local agency.

   (G)   The owner of such a structure shall assume complete liability in case of personal or property damage.

   (H)   The permit fee for satellite dishes or other dishes shall be $15 plus the normal office fee of $3 for each permit issued.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      RESIDENTIAL SWIMMING POOLS. Any constructed pool, permanent or portable, which is intended for non-commercial use as a swimming pool by owner families and their guests and which is over 36 inches in depth and/or has a surface area exceeding 200 square feet.

      SPA. A unit primarily designed for therapeutic use which is not drained, cleaned, or refilled for each individual. It may include, but not be limited to, hydrojet circulation, hot water, cold water mineral baths, air induction bubbles, or any combination thereof. Industry terminology for a spa includes, but is not limited to, Therapeutic Pool, Hydrotherapy Pool, Whirlpool, Hot Spa, and the like.

   (B)   Construction.

      (1)   Pools shall not be located within 10 feet of any side or rear lot line nor within 6 feet of any principal structure or frost footing. Pools shall not be located within any front yard.

      (2)   Pools shall not be located beneath overhead electrical lines or over underground utility lines of any type.

      (3)   Pools shall not be located within any private or public utility, walkway, drainage, or other easement.

      (4)   The filter unit, pump, heating unit, and any other noise making mechanical equipment shall be located at least 30 feet from any adjacent residential structure and not closer than 5 feet to any lot line.

      (5)   Lighting for the pool shall be directed toward the pool and not toward adjacent property.

   (C)   Fencing.

      (1)   While being constructed, the pool or spa area must be fenced with a portable fence, such as snow fence, of not less than 4 feet in height.

      (2)   All outdoor pools hereafter constructed shall be completely enclosed by a fence or wall of the non-climbing type so as to be impenetrable by toddlers, afford no external handholds or footholds, and a minimum of 6 feet in height.

      (3)   All outdoor fence openings or outdoor points of entry into the pool area shall be equipped with self-closing and self-latching devices. The opening between the bottom of the fence and the ground or other surface shall not be more than 3 inches.

      (4)   All outdoor spas shall have either a fence as described above in division (C)(3) above or a latchable cover. The cover shall be constructed of a material impenetrable by toddlers.

   (D)   Permits. No person shall construct, alter, or renovate a pool or spa without a building permit.

   (A)   Interpretation. This chapter and the districts herein, or any later amendments may create situations where structures, buildings, or uses of the land previously permitted may become prohibited, regulated, or otherwise restricted. It is the intent of this chapter to permit the continuance of these nonconforming structures or uses until they are removed, but not to encourage their survival. The uses are declared by this chapter to be incompatible with the permitted uses in the district involved.

      (1)   Alterations. The unlawful use of a building existing at the time of the adoption of this section may be continued, although such use does not conform to the provisions hereof. A non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed. Whenever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restrictive use.

      (2)   Discontinuance.

         (a)   In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

         (b)   Any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this section may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion unless:

            1.   The non-conformity or occupancy is discontinued for a period of more than 1 year; or

            2.   Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no zoning permit has been applied for within 180 days of when the property is damaged. The city may impose reasonable conditions upon any zoning permit issued in order to mitigate any newly created impact on adjacent property.

         (c)   Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This does not prohibit the city from enforcing an ordinance that applies to adults-only theaters, or similar adults-only businesses, as defined by ordinance.

         (d)   A change in ownership does not constitute a change in usage.

      (3)   Signs. Signs pertaining to or advertising products sold on the premises of a non-conforming building or use shall be governed by division (A)(2).

      (4)   Residential alterations. Other improvements or alterations may be allowed to the extent that the current livability of the home is enhanced, but not to the extent that the useful life expectancy of the property would be increased. Examples of permitted improvements are: detached garages, open deck or patio, accessory building. all setbacks for improvements or alterations must comply with those of the Residential District. Alterations my be made to a residential building containing non-conforming residential units when they will improve the habitability of such units, provided however, that they do not increase the number of dwelling units in the building.

      (5)   Normal maintenance. Maintenance of a building or other structure containing or used for a non-conforming use will be permitted when it include necessary non-structural repairs and incidental alterations, which do not extend or intensity the non-conforming use at any time.

      (6)   Change in use. A non-conforming use may be changed to a conforming use at any time.

      (7)   Extensions and additions. The extension or addition of a lawful use to any portion of a non-conforming building or structure or land shall not be deemed as the extension of the non-conforming use.

      (8)   Classification of use. All uses which lawfully exist on the effective date of this division and are classified as a conditional use by this section for the district in which they are located, shall be considered lawful conditional uses.

(Am. Ord. passed 10-1-2007)

   (B)   Nonconforming lots of record. A single-family dwelling and customary accessory buildings, notwithstanding limitations imposed by other provisions of this chapter, may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. The provisions shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located. If, in a group of 2 or more lots under the same ownership, any individual lot does not meet the area and width requirements of this chapter, the lot must not be considered as a separate parcel or land for the purposes of sale or development. The lot must be combined with the 1 or more contiguous lots so they equal 1 or more parcels of land, each meeting the area and width requirements of this chapter. Variances of area, width, and yard requirements shall be obtained only through action of the Board of Adjustment.

   (C)   Construction approved prior to adoption of this chapter. To avoid undue hardship, nothing in this chapter shall require a change in the plans, construction, or designated use of any building or structure, provided that:

      (1)   A zoning permit has been issued within 60 days prior to the adoption of this chapter;

      (2)   That the construction of which shall have commenced within 30 days after the adoption of this chapter;

      (3)   That the construction is continuous until the building or structure is completed; and

      (4)   Actual construction is hereby defined to include the placing of construction materials in permanent position; except where demolition or removal of an existing building or structure has commenced preparatory to construction, provided that work shall be diligently carried on until completion of the building or structure involved.

   (D)   Repairs and maintenance. Nothing in this chapter shall prevent the reconstruction, repairing, or rebuilding of a nonconforming building, structure, or part thereof existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of the work shall not exceed 50% of the replacement value of the building or structure at the time the work is done, nor prevent compliance with the provisions of any city codes relative to the maintenance of buildings or structures; provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any nonconforming building or structure damaged by flood, fire, collapse, explosion, or Acts of God, subsequent to the date of this chapter, wherein the expense of the work does not exceed 50% of the replacement cost of the building or structure at the time the damage occurred.

   (E)   Nonconforming signs. Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a nonconforming use. Business signs on the premises of a nonconforming building or use may be continued, but the signs shall not be increased in number, area, height, or illumination. No sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter.

(Ord. 106, passed 3-13-1995) Penalty, see § 150.99

   (A)   Purpose and application.

      (1)   The principal objective of this chapter is to provide for an orderly arrangement of compatible building and land uses and for the proper locations of all types of uses required by the city. To accomplish this objective, each type and kind of use is classified as permitted in 1 or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be allowed because of their unusual characteristics or the service they provide the public. These conditional uses require particular consideration as to their proper location in relation to adjacent established or intended use and the planned development of the community, therefore, public hearings are required before granting a conditional use. Conditional use permits may be issued for any of the following:

         (a)   Any of the uses or purposes for which the permits are required or permitted by provisions of this chapter;

         (b)   Public utility or public service uses or public building or community buildings in any district when found to be necessary for the public health, safety, convenience, or welfare; and/or

         (c)   To classify as a conforming use any nonconforming institutional use existing in any district at the time of the establishment of the district.

(Am. Ord. passed 11-6-1996)

      (2)   An application for a conditional use permit shall be filed with the Zoning Administrator. The application shall be accompanied by a site plan showing the information as is necessary to show compliance with this chapter, including, but not limited to:

         (a)   Description of site (legal description);

         (b)   Site plan drawn to scale showing parcel and building dimensions;

         (c)   Location of all buildings and their square footage;

         (d)   Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;

         (e)   Landscaping and screening plans;

         (f)   Drainage plan;

         (g)   Sanitary sewer and water plan with estimated use per day;

         (h)   Soil type (clay or black dirt); and

         (i)   Any additional data reasonably required by the Planning Commission.

   (B)   Notification and public hearing. A public hearing on any request for a conditional use permit must be held before the Planning Commission before the permit is granted. Written notice of the request for a conditional use permit and the public hearing upon the request shall be sent to all property owners or residents within 300 feet of the property. A notice shall also be published in the official newspaper of the area. This published notice shall not appear more than 30 days nor less than 10 days before the hearing. The notice shall describe the particular conditional use and shall contain a brief description thereof. Assessor tax records and street addresses shall be deemed sufficient for location or certification of ownership of the adjacent properties. However, an error in the published notice of public hearing or failure to notify a specific property owner of the application for a conditional use permit shall not be considered cause to declare the public hearing invalid.

(Am. Ord. passed 11-6-1996)

   (C)   Findings. For each application for a conditional use permit, the Planning Commission shall report to the City Council its findings and recommendations, including the stipulation of additional conditions or restrictions and guarantees that the conditions or restrictions will be complied with when they are deemed necessary for the protection of the public interest. No conditional use shall be recommended by the Planning Commission unless the Commission shall find:

      (1)   That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity, and is compatible with the existing neighborhood;

      (2)   That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area and conforms to the comprehensive land use plan of the city/county;

      (3)   That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;

      (4)   That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

      (5)   That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result;

      (6)   That soil conditions are adequate to accommodate the proposed use; and/or

      (7)   That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use.

   (D)   Action by the City Council.

      (1)   After receipt of the report regarding the conditional use permit from the Planning Commission, the City Council shall hold whatever additional public hearings it deems advisable and shall decide whether to grant or deny the conditional use permit.

      (2)   If the City Council chooses to grant the permit, it may impose the restrictions or conditions in addition to or in substitution for any conditions or restrictions recommended by the Planning Commission as it deems necessary to protect the public interest. If the Planning Commission in its recommendations to the City Council has indicated that the proposed conditional use may result in a material adverse effect on the environment, the applicant for the permit may be requested by the City Council to demonstrate the nature and extend of the effect before the City Council approved the permit.

      (3)   The conditional use permit, if approved, shall be issued by the Zoning Administrator upon the order of the City Council.

   (E)   Filing and fees.

      (1)   A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles for record by the person or firm requesting the permit. The conditional use permit shall include the legal description of the property involved.

      (2)   To defray administrative costs or processing requests for conditional use permits, a fee shall be paid by the applicant. This conditional use permit fee shall be set by the City Council.

   (F)   Compliance.

      (1)   Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of the permit and of any such conditions designated in connection therewith, and the conditional use permit shall remain in effect only so long as the terms and conditions agreed upon are observed.

      (2)   The City Council shall revoke a conditional use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. A certified copy of an order of the city revoking a conditional use permit shall be filed with the County Recorder for record.

(Ord. 106, passed 3-13-1995)

   (A)   General provisions.

      (1)   Any person, firm, corporation, or any other organization or entity having an interest in real property which is subject to the provisions of this chapter may apply for a variance from those provisions in accordance with this section.

      (2)   The City Planning Commission shall review requests for variances and shall hold at least 1 public hearing on the request. After the conclusion of the hearing(s), the Planning Commission shall make a recommendation on the request to the City Council who shall then make the final decision on whether or not to grant the variance.

      (3)   No variance shall be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.

(Am. Ord. passed 11-6-1996)

   (B)   Grounds for a variance.

      (1)   A variance shall be granted when:

         (a)   It is in harmony with the general purpose and intent of this chapter;

         (b)   There are practical difficulties or unnecessary hardships in the way of the strict application of the provisions of this chapter. The terms DIFFICULTIES and HARDSHIPS mean that the property in question cannot be put to a reasonable use if used under the conditions allowed by this chapter. The request by the applicant for a variance must be due to circumstances unique to the property and not created by the applicant, and it must be related to the property rather than to a personal preference or idiosyncrasy of the applicant. Economic considerations alone shall not constitute a difficulty or hardship for the purpose of granting a variance if a reasonable use for the property exists under the terms of this chapter;

         (c)   A district is extended where the boundary line thereof divides a lot in 1 ownership at the time for the passage of this chapter, but the extension of any district shall not exceed 100 feet;

         (d)   The variance, if granted, shall not alter the eventual character of the locality.

      (2)   In recommending any adjustment or variance to the City Council under the provisions of this section, the City Planning Commission may impose the further conditions as it deems necessary to ensure compliance with the provisions of this chapter and to protect adjacent properties and the public interest.

(Am. Ord. passed 11-6-1996)

      (3)   The applicant for a variance which, in the opinion of the Planning Commission, may result in a material adverse effect on the environment, may be requested by the Planning Commission to demonstrate the nature and extent of the effect before the Planning Commission recommends the granting of the variance.

   (C)   Procedure.

      (1)   An application for a variance shall be filed with the Zoning Administrator. The application must contain the name of the applicant, a legal description of the affected property and the applicant’s relation thereto, the specific provision or provisions of this chapter from which the variance is requested, and the grounds therefore which must be in accordance with the provisions of this section and must be signed by the applicant. At the option of the Zoning Administrator and/or the Planning Commission, the application shall be accompanied by a site plan showing pertinent information including, but not limited to:

         (a)   Description of site (legal description);

         (b)   Site plan showing parcel and building dimensions;

         (c)   Location of all buildings and their square footage;

         (d)   Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;

         (e)   Landscaping and screening plans;

         (f)   Drainage plan;

         (g)   Sanitary sewer and water plan with estimated use per day;

         (h)   Soil type (clay or black dirt); and

         (i)   Any additional data reasonably required by the Planning Commission.

      (2)   The City Zoning Administrator upon receipt of a proper application for a variance shall set a time and place for a public hearing before the Planning Commission on the application. At least 10 days in advance of any such hearing, notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city.

      (3)   Written notice of the public hearing shall be sent to all property owners or residents within 300 feet of the property. The notice shall describe the particular variance and shall contain a description thereof.

      (4)   The Planning Commission may continue the hearing concerning the application for a variance, or it may hold the additional hearings as it deems advisable. The Planning Commission shall make its recommendation upon the application to the City Council within 30 days of the conclusion of the hearing relating to any given application. The City Council may also then hold whatever additional public hearings it deems advisable in regard to the application.

(Am. Ord. passed 11-6-1996)

      (5)   The City Planning Commission shall not recommend the granting of any application and the Council shall not grant any application unless they find the following facts. At the hearing the application shall present evidence in the form as the City Planning Commission may require, to show these facts:

         (a)   That there are special circumstances or conditions affecting the land, building, or use referred to in the application;

         (b)   That the granting of the application is necessary for the preservation and enjoyment of substantial property rights; and

         (c)   That the granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

      (6)   No permit shall be issued under the provisions of this section unless and until a recommendation of the City Planning Commission, as aforesaid, is received and the variance request is approved by the City Council. In reporting its recommendation to the City Council, the City Planning Commission shall report its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth any adjustment or variance recommended and the conditions designated. Upon receipt of the report the City Council, acting as the Board of Adjustment, shall either approve the application, with or without changes, whereupon the permit as applied for may be issued; or shall refuse to approve the application. All decisions by the Board of Adjustment (City Council) in granting or denying a variance shall be final except that any aggrieved person or persons, or any department, board, or commission within the county or state shall have the right to appeal, within 30 days, after receipt of notice of the Board’s decision, to the District Court on questions of law and fact.

(Am. Ord. passed 11-6-1996)

   (D)   Fees. To defray administrative costs of processing requests for variances, a fee shall be paid by the applicant. This fee is in addition to the regular building permit fee. Fees for variances will be set by the City Council.

(Ord. 106, passed 3-13-1995)

   A City Planning Commission is hereby established and vested with the administrative authority as is provided within this chapter. The Commission shall consist of not less than 5 and not more than 9 members and an Administrator as an ex officio member without the right to vote on matters before the Commission. The members shall be appointed by the Mayor, subject to the approval of the City Council. The Commission members shall be compensated for their expenses at the rate of $10 for each meeting they attend. Its members shall meet once a month when there is business to be discussed. A Secretary shall be appointed by the Planning Commission out of its members.

(Ord. 106, passed 3-13-1995; Am. Ord. 141, passed 3-6-2017)

   (A)   Application. Except as hereinafter provided, no person, firm, or corporation shall construct, erect, alter, wreck, or move any building or structure or parts thereof within the corporate limits of the city without first securing a permit from the city. A permit certifies that the proposed construction is in compliance with this chapter. Application for the zoning permit shall be made to the City Clerk/Treasurer/Zoning Administrator.

   (B)   Issuing of permits. A permit must be issued by the city prior to any construction activity. The city will collect the fee for the permit application according to the schedule set by the City Council. At no time and under any circumstances will a permit be issued until the appropriate fee has been paid by the applicant and the application has been reviewed by the Planning Commission and approved by the City Council. Below is the process to which an individual must adhere when applying for a zoning permit.

      (1)   Individual(s) requesting the permit must contact the City Clerk/Treasurer’s office to secure a zoning permit application form.

      (2)   The application form must be completed in its entirety and the appropriate fee must be paid to the City Clerk/Treasurer. A site plan showing all dimensions must accompany the completed application.

      (3)   Upon its submittal to the City Clerk/Treasurer, the application will be reviewed with the applicant. If the property is properly zoned, the application will be placed on the agenda of the Planning Commission for action at its meeting. If the existing use of the property is not a permitted use, but rather a conditional use, one which would require a variance or amendment to the City Zoning Ordinance, the city staff will take the following action(s):

         (a)   Determine which special request is required to be taken to the Planning Commission;

         (b)   Inform the applicant as to the process of the request; and

         (c)   Based on the applicant’s decision, the City Clerk/Treasurer will collect the appropriate special fee from the applicant and follow the procedures outlined in this chapter:

            1.   Section 150.18 for conditional use permits;

            2.   Section 150.19 for variance requests; and

            3.   Section 150.22 for amendments (rezoning).

      (4)   All zoning permit/special application fee(s) must be paid in advance. Permits will not be issued and special applications will not be placed on an agenda without payment. Permits will be issued by the City Clerk/Treasurer after being reviewed by the City Planning Commission and approved by the City Council.

      (5)   If an amendment to the site plan is desired, the applicant must submit an amended site plan to the City Clerk/Treasurer prior to commencing construction. Under no circumstances will a change in site plan be approved unless an amended site plan is submitted to the Planning Commission for its review and recommendation and approved by the City Council.

(Am. Ord. passed 11-6-1996)

   (C)   Improvements requiring a zoning permit.

      (1)   General provisions. A zoning permit is required for any new residential, commercial and/or industrial construction as well as any improvement which will enlarge the physical exterior of an existing structure. Interior projects do not require zoning permits nor do projects such as re-shingling, re-siding or new or replacement windows in buildings. Projects such as the widening a driveway surface constructed of bituminous or concrete material or other hard surfaced area, or the construction of a concrete pad for purposes such as patios, loading areas, or other such areas also require a permit.

      (2)   Carpentry. Porch, patio, or deck - permit is required to build such a structure or to enlarge a structure of this type.

      (3)   Speciality work.

         (a)   Demolition or moving of structures out of the city. 

            1.   Permit required by no fee will be charged to the applicant. In instances where no new construction is planned to replace the structure being taken down or moved, the property owner is responsible for removal of the structure’s entire foundation, including the footings and flooring material. The property owner is also responsible for backfilling, with suitable material such as sand, gravel or dir, of any existing basement, crawl space or other depression left in the ground as a result of removal. Pieces of the foundation are not an acceptable type of fill. Neither are pieces of concreted from sidewalks that might be around the structure. No hazardous material, concrete, wood, wire, metal, plastic or similar types may be left in the depression or deposited into the depression before it is filled. City employees must inspect the work as it is being done. The top 4 inches of the depression must be filled with black dirt.

            2.   If there is water and/or sanitary seer service to the structure, the property owner or his or her agent must seal the sewer service with a non-shrinking grout or another approved method to assure that it is water tight. The water line must also be capped off in an approved manner. The owner or his or her contractor/agent must also call for an inspection by city employees prior to backfilling. If underground work is backfilled or covered before inspection, the property owner and/or his or her contractor/agent are responsible and are subject to the expense of removing the fill or cover for inspection.

            3.   After the depression is filled, the property owner is then responsible for leveling the lot and placing and maintaining the lot in a sightly and well-kept condition.

(Am. Ord. passed 10-4-1999; Am. Ord. passed 10-1-2007)

         (b)   Moving of houses, garages, and the like into the city or from one location to another within the city. Permit required.

         (c)   Fences. Permits are required to erect fences in all districts within the city with the exception of those fences used for crowd control, to protect vegetable or flower gardens from animals, to prevent entry into an area where activities such as utility work, construction, or demolition are occurring or to protect the general public from a possibly hazardous condition such as a fire or accident scene or a dangerous building. Fences used as dog kennels must have a permit issued before they can be erected. Those individuals wishing to erect fences to block snow during winter months must also obtain a permit which will be issued at no charge. Height requirements as stated in § 150.11(R) shall apply to all fences with the exception of crowd control or other types of fencing erected to protect the general public from hazardous conditions. Snow fences erected by city, county, or state highway departments to help prevent snow build-up on roads and streets shall not require a permit as long as the permission of the property owner is received before placement.

         (d)   Utility shed. Permits are required for assembly of a shed or moving the building onto a lot as well as for shed removal.

      (4)   Required inspections. If any building deemed for public occupancy (i.e., schools and churches) is constructed or renovated, the property owner must have any plumbing, heating, ventilation, and electrical work, which was part of the construction/renovation process, inspected and approved. Any public building, as defined by Minnesota Statutes, constructed or remodeled in the city must comply with the federal Americans With Disabilities Act (ADA) and/or the State Building Code requirements for handicapped persons.

   (D)   Schedule of fees, charges, and expenses.

      (1)   The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be recorded in the office of the City Clerk/Treasurer.

      (2)   No zoning permit, conditional use permit, or variance shall be issued unless or until the costs, charges, fees, or expenses have been paid in full. Permits expire 1 year after date of issue; therefore, all exterior construction and landscaping must be completed within the 1-year time period. If the project has not been completed within 1 year, the permit holder may apply to the Planning Commission and City Council, prior to the expiration date of the permit, for 1 extension at no additional charge. The extension will be valid for 6 months. If work is still not completed at the end of the 6-month extension, the permit holder must apply for a new permit. The Planning Commission and City Council will consider the application in the same manner as any new permit application received including the scheduling of any hearings that might be necessary before approval is given as well as the imposition of any fees charged for such a permit. If an extension is not requested before the 1-year expiration date, the permit holder must also apply for a new permit and the same requirements apply as when a 6-month extension has expired without completion of the project.

(Am. Ord. passed 12-7-1998)

      (3)   Only 2 zoning permits will be issued to 1 permit holder at 1 time. At least 1 permit must be completed before the permit holder will be allowed to apply for another permit.

(Ord. passed 1-3-2005)

(Ord. 106, passed 3-13-1995)

   (A)   Application.

      (1)   This chapter may be amended whenever the public necessity and the general welfare require the amendment by following the procedure specified in this section.

      (2)   Proceedings for amendment of this chapter shall be initiated by:

         (a)   A petition of the affected property owners. For purposes of this section, affected property owners shall refer to owners of the property specified on the application;

         (b)   A recommendation of the Planning Commission; and/or

         (c)   Action of the City Council.

      (3)   An application for an amendment shall be filed with the Zoning Administrator.

   (B)   Public hearing. Written notice of the public hearing shall be sent to all property owners or residents within 300 feet of the property. The public hearing shall be given at least 10 days notice in advance by publishing a notice in the official newspaper of the area. The notice shall describe the particular amendment and shall contain a description thereof.

   (C)   Authorization. Following the public hearing, the Planning Commission shall make a report of its findings and recommendations on the proposed amendment and shall file a copy with the City Clerk/Treasurer within 30 days after the hearing. If no report or recommendation is transmitted by the Planning Commission within 30 days after the hearing, the City Council may take action without awaiting the recommendation. Upon the filing of the report or recommendation, the City Council may hold the public hearings upon the amendment as it deems advisable. After the conclusion of the hearings, if any, the City Council may adopt the amendment or any part thereof in the form as it deems advisable. The amendment shall be effective only if at least 4/5 of all the members of the Council concur in its passage.

   (D)   Fees. To defray administrative costs of processing requests for an amendment to this chapter, a fee shall be paid by the petitioner.

(Ord. 106, passed 3-13-1995)

   The office of the City Planning/Zoning Administrator is hereby established, for which the City Council may appoint the employee or employees of the city as it may deem proper. It shall be the duty of the City Planning/Zoning Administrator to institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violations or threatened violations and it shall be the duty of the City or County Attorney’s office to institute the action.

(Ord. 106, passed 3-13-1995)

   This chapter shall become effective upon its adoption and publication according to law.

(Ord. 106, passed 3-13-1995)

   Any person, firm, or corporation convicted of violating any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and any issued permits shall be void.

(Ord. 106, passed 3-13-1995)