Battle Lake City Zoning Code
DISTRICTS AND
AREAS; USES
§ 156.020 DISTRICTS AND AREAS ESTABLISHED.
(A) Criteria for designation. The land use districts below, and the delineation of a land use district’s boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan.
(B) Establishment. For the purposes of this chapter, the following districts and special areas are hereby established:
(1) Residential district (R); and
(2) Commercial district (C).
(C) Land use district descriptions. The land use districts provided in the table below, and the allowable land uses therein shall be properly delineated on the official zoning map for this community.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.021 ZONING MAP.
The location and boundaries of the special areas shall be as hereinafter set forth. The location and boundaries of the districts shall be as set forth in a map entitled “Battle Lake Zoning Map.” The map, with all notations, references and data shown upon it, is hereby incorporated into this chapter by reference. The Clerk/Treasurer shall keep the zoning map on file with the ordinance enacting this chapter, and shall preserve the map against any alteration of any kind.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.022 DISTRICT AND AREA AMENDMENTS.
The location and boundaries of the districts and special areas may be amended by ordinance adopted in the same manner as any other ordinance amending this chapter.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.023 FUTURE ANNEXATION.
Unless previously zoned, territory annexed to the city subsequent to the effective date of such annexation shall become a part of the residential district unless requested and approved otherwise. If property is zoned prior to annexation, that zoning designation shall remain in place until duly placed in another district in accordance with the goals, policies, and objectives of the comprehensive land use plan. The Planning Commission shall recommend to the City Council at the time of annexation or within a period of one year from the date of annexation on a final zoning designation for annexed territory.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.024 USES IN COMMERCIAL DISTRICT.
(A) Permitted uses in the commercial district shall consist of all uses of a commercial nature, such as retail, light industrial, repair or storage of material, goods, or products, wholesale, service, office, combination apartment/commercial use, financial, recreational, professional, and lodging and such other as are defined below as light industrial.
(B) LIGHT INDUSTRIAL means the assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the building or lot where the assembly, fabrication, or processing takes place, where the processes are housed entirely within a building, or where the outdoor storage of goods and materials used does not exceed 25% of the floor area of all buildings on the lot.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.025 USES IN RESIDENTIAL DISTRICT.
(A) Generally. Permitted uses in the residential district shall include single-family and multiple-family dwellings, apartment buildings, churches and related buildings, parks, playgrounds, schools, child care facilities, home-based child care, offices of members of recognized professions, hospitals, clinics, and other uses normal and incidental to a residential area or as specifically authorized by state statute, as may be amended from time to time.
(B) Home occupations.
(1) The purposes of this division (B) are to allow for home occupations that are appropriate for residential settings; protect those conducting a home occupation from self-induced harm; and protect the property rights of neighbors.
(2) A home occupation may be established and conducted only in accordance with this chapter. A home occupation shall be permitted as an accessory use to a residential dwelling unit. The home occupation use must be clearly subordinate to the residential use of the property, occupying no more than 25% of the gross floor area of all buildings on the property and must be conducted by a person or persons who reside full-time in the dwelling.
(3) A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, do not draw attention to the home occupation.
(4) All activities related to a home occupation must be conducted within a fully enclosed building, excluding gardening or horticultural activities provided that plants and related materials are maintained in a clean and orderly manner and that waste is disposed of.
(5) Signs are allowed in accordance with the provisions of §§ 150.035 through 150.045.
(6) No outside storage of products or materials or equipment connected with the home occupation is permitted. This division (B)(6) does not prohibit the outside parking of motor vehicles on the driveway of the premises in accordance with division (B)(7) below.
(7) Outdoor parking of no more than two vehicles used identified for business purposes is permitted, provided that the vehicle is registered to an occupant of the home, and that such vehicle parking is not otherwise prohibited by any sections of the city code or any other applicable district regulations.
(8) Parking, structural alteration, lighting, or similar facilities which indicate a use of the dwelling for purposes other than a residential structure are prohibited. Home occupations involving the need for more than three outdoor parking spaces for the operators and customers shall be prohibited. Parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be provided within any required front or side yard, except upon an established driveway.
(9) Occasional sales of products or other articles are permitted where the dwelling serves as an office for a person regularly engaged in retail sales outside the dwelling, or where such occasional sales are incidental to and not the primary purpose of the home occupation.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.026 TABLE OF LAND USE DISTRICTS.
(A) Residential district uses.
(B) Commercial district uses.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.027 GENERAL REQUIREMENTS.
The following requirements shall apply equally to all districts except where otherwise stated or where special provisions provide otherwise.
(A) Bulk regulations for residential districts.
(1) The principal structure shall have a floor area of not less than 768 square feet and the minimum dimension of the main body of the dwelling unit shall not be less than 20 feet.
(2) Manufactured homes shall be located and installed according to the same standards, including, but not limited to, a permanent foundation system. PERMANENT FOUNDATIONS means the home cannot be removed and placed somewhere else and affixes the home to the property permanently. Permanent foundations must meet the requirements for a home to be seen as “real property.” Setbacks and minimum square footage which would apply to a site built, single-family dwelling on the same lot.
(3) Any principal building within 200 feet of a residential zoning district, shall have a maximum height of 55 feet or less. Single-family residence shall have a maximum height of 35 feet and all accessory structures shall have a maximum height of 20 feet or less.
(B) Accessory buildings.
(1) In any zoning district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building, but may be erected simultaneously unless owner has received an interim use permit.
(2) An accessory building, including carports attached to the principal building, on a lot, shall be made structurally a part thereof and shall comply in all respects with the requirements of this chapter applicable to the principal building. A BREEZEWAY, for the purpose of this chapter, is an attachment between the garage or carport and the principal building and shall be considered a part of the principal building.
(3) All detached accessory buildings or structures shall have a minimum of ten feet of separation between building eaves and walls of accessory buildings or the accessory buildings and the principal building located on the same lot as the accessory building or structure. Unenclosed porches and decks shall be considered as part of the principal or accessory building(s), and shall be required to meet the minimum requirements of this section. Such accessory buildings or structures shall be located in the buildable area. All storage sheds or buildings shall be permanently anchored to the ground, including all buildings less than 120 square feet in size.
(C) Structures, not included in height of building. Chimneys, elevator bulkheads, drive-in movie theater screens, stacks, water towers, pumping towers, monuments, cupolas, steeples, radio or television towers, solar collectors, wind energy conversion systems, and mechanical apparentness pertaining to, and necessary to the permitted use of the district in which they are located shall not be included in calculating the height of the principal structure.
(D) Special requirements. Emissions of noise, vibration, dust, smoke, or other particulate matter, toxic materials, odor, or glare shall not exceed the standard set by the State Pollution Control Agency (MPCA). Storage or sale of gas, fuel, or oil shall comply with and be approved by the Chief of the Fire Department.
(E) Topographic alterations and storm water management. Topographic alterations and storm water management issues are addressed in Chapter 153.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.028 NON-CONFORMING USES.
(A) (1) Where the districts established by this chapter contain structures, lots, and uses of land and structures which were lawful, or non-conforming, before this zoning ordinance was passed or amended, but which are prohibited under this chapter, it is the intent of this chapter to permit these non-conformities to continue including through repair, replacement, restoration, maintenance, or improvement but not including expansion, unless:
(a) The non-conformity is discontinued for a period of more than one year; or
(b) Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no permit has been applied for within 180 days of when the property is damaged.
(2) In this case, reasonable conditions may be imposed upon a zoning permit in order to mitigate any newly created impact on adjacent property.
(B) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.029 ABANDONMENT.
If any use or structure authorized by this chapter is abandoned, or by lack of use or neglect is permitted to become offensive or unsightly, either on public or private property, it shall be restored to its original condition by the owner or removed pursuant to order of the City Council if found to be detrimental to the public health, safety, or welfare, and the costs of such restoration or removal shall be borne by the owner of the property, and may be assessed against the property if removed by the city. Non-use for a period of 12 months shall be presumptive evidence of abandonment, subject to rebuttal by competent evidence.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
§ 156.030 LOT AREA AND WIDTH STANDARDS.
(A) Single, duplex, triplex, and quad residences.
(1) The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the publication of this chapter are the following:
Area
|
Width
| |
Single | 10,000 | 75 |
Duplex | 17,500 | 135 |
Triplex | 25,000 | 190 |
Quad | 32,500 | 245 |
(2) Residential subdivisions with dwelling unit densities exceeding those in the above tables can only be allowed if designed and approved as residential planned unit developments under § 156.051.
(B) Multiple-family dwellings. Multiple-family dwellings require a conditional use permit.
(C) Commercial and industrial dwellings.
(1) Such requirements as may be approved by the City Council after submission of plat plan and/or plan of structure.
(2) The City Council will take the following into consideration:
(a) Will the use create an unreasonably excessive burden on existing storm water management, streets snow removal, or utilities?
(b) Is the request in any way incompatible with surrounding areas?
(c) Will the intended use have an appearance that unreasonably, adversely affect nearby properties?
(d) Will the intended use create an unreasonably adverse effect because of noise, odor, glare, or general unsightliness for nearby property owners?
(e) Is the intended use consistent with the city land use ordinances and comprehensive plan?
(f) Will the use create environmental concerns?
(g) In considering the setbacks, will the request cause issues with visibility or other concerns?
(h) Impervious surface calculations must be under 25% in shoreland management and 40% outside of the shoreland management area;
(i) Parcel dimensions, proposed building dimensions; requested setback; current and proposed easements; existing zoning setbacks on adjacent parcels; landscape and storm water management plan; building opening location; driveway and sidewalk locations; location of public infrastructure; parking; lighting, fencing; and sign location; and
(j) Will there be any special conditions?
(D) Minimum width. The minimum width of any single-family structure shall be 20 feet.
(E) Placement of structures on lots. The following structure setbacks apply in residential districts: when more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks (string-line). Structures shall be located as follows:
Setback from
|
Setback (in feet)
|
Interior side yard or rear yard without alley | 10 |
Rear yard or alley - for storage building 120 square feet or less | 10 |
Rear yard with alley | 20 |
Right-of-way line of city road, public street, or other roads or streets not classified | 30 |
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.031 YARDS.
The following shall not be considered as encroachments on yard setback requirements:
(A) Chimneys, flues, leaders, sills, plasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two feet into a yard;
(B) Steps, stoops, fire escapes, or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from any lot line; and
(C) In rear yards, recreational and laundry drying equipment, arbors and trellises, and air conditioning or heating equipment, provided they are at a distance of five feet from the rear lot line.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.032 PARKING.
No structure shall be erected on any lot or tract in the city unless off-street parking is provided according to the terms of this section.
(A) An off-street parking area shall be located on the property. It shall provide not less than 200 square feet for maneuvering and parking for each parking space.
(B) For each use listed, not less than the following number of parking spaces shall be provided:
(1) Residences and apartments: two parking spaces per dwelling unit;
(2) Churches: one parking space for each four seats;
(3) Clinics: one for each doctor, and one for each two employees, plus five patient spaces;
(4) Commercial/light industrial: as required by the City Council;
(5) Industrial: as required by the City Council;
(6) Elementary schools: one parking space for each two employees;
(7) Secondary schools: one parking space for each two employees, and one parking space for each ten students;
(8) Public hall and meeting places (no fixed seating): as required by the City Council;
(9) Recreational facilities: as required by the City Council;
(10) Service stations and car repair establishments: five parking spaces per stall or repair bay;
(11) Board/rooming house, hotels, and motels: one parking space for each living unit. One parking space per guest room and one parking space per employee during the largest work shift; and
(12) Restaurants (eating and drinking establishments): one parking space for every four seats and one parking space for every two employees.
(C) Parking requirements in commercial and industrial areas may be met by the availability of public or private parking lots in the general area.
(D) It shall be the responsibility of the owner of the principal use, or of the property, to ensure that the parking area is maintained in a safe condition.
(E) When calculations for required parking spaces result in a requirement of a fractional space, any fraction of less than one-half shall be disregarded, and fractions of one-half or more shall require one additional parking space.
(F) Artificial lighting which shall be provided shall not shine directly onto adjoining dwellings or other types of living units, and shall not be directed towards the public use of a street.
(G) Parking areas, aisles, and turnaround areas shall be constructed of gravel, paved with concrete, asphalt, or comparable surfacing on all commercial and residential uses requiring six or more parking spaces within one year of the date of initiation of construction on any portion of the lot, or any approved structure.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
§ 156.033 EARTH-SHELTERED BUILDINGS.
(A) Purpose. Earth-sheltered buildings located either below the existing average ground level on a sloping lot or above the existing average ground level prior to construction and covered over 50% of the building by earth, create different development opportunities and challenges on a site-by-site basis. Due to major differences between above-grade housing and earth-sheltered buildings, the potential for soil erosion and slope failure and increased storm water runoff from the development site, development of earth-sheltered building shall be reviewed on a site-by-site basis and be required to comply with the following standards.
(B) Minimum requirements.
(1) A landscaping plan shall be required. The purpose of landscaping shall be to ensure maximum compatibility with adjacent above-ground housing and to insure that no soil erosion occurs following the completion of the building. The landscaping plan shall be a part of the zoning permit application. No zoning permit shall be issued until a landscaping plan is submitted and approved, or approved with conditions.
(2) Following the completion of all construction activities, soil erosion shall not occur. All soil surface laid bare during construction shall be promptly seeded and mulched to prevent erosion. Additional methods of erosion control may be required where it is found that seeding and mulching will not be sufficient. Where construction is completed at some time other than during the growing season, the property owner shall protect against soil erosion by appropriate means and shall seed all unvegetated ground at the beginning of the next growing season.
(3) Where earth-sheltered buildings are developed on a naturally occurring sloped site, the applicant shall evaluate the potential for slope failure. Earth-sheltered buildings located on sloping sites shall not be the cause of slope failure.
(4) Storm water runoff shall be controlled on-site by proper grading, landscaping, and permanent soil cover.
(5) Earth-sheltered buildings shall be required to meet all minimum setback requirements of the zoning district in which located.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
§ 156.034 MANUFACTURED HOMES.
A manufactured home shall be as defined by M.S. § 327.31, subd. 6, as it may be amended from time to time, and shall be constructed in compliance with the Manufactured Home Building Code established by M.S. §§ 327.31 and 327.32, as it may be amended from time to time.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
§ 156.035 MANUFACTURED HOMES OUTSIDE MANUFACTURED HOME PARKS.
A manufactured home which meets the width requirements of a single-family dwelling established in § 156.030 may be located outside a manufactured home park in the residential district (R) of the city if the home is placed upon a permanent foundation which hides any wheels or undercarriage otherwise visible (use of skirting will not be allowed) and the home shall be subject to the lot size, setback, yard requirements, and any square footage requirements for a single-family dwelling. PERMANENT FOUNDATIONS means the home cannot be removed and placed somewhere else and affixes the home to the property permanently. PERMANENT FOUNDATIONS must meet the requirements for a home to be seen as “real property.” A person wishing to locate a manufactured home outside a manufactured home park must obtain a permit as provided by § 156.071.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
§ 156.036 MANUFACTURED HOME PARKS AND RECREATIONAL CAMPING AREAS.
(A) Generally. No person shall locate or operate any manufactured home park or any recreational camping area within the city unless it is duly licensed and meets and is operated in compliance with all requirements of law, of administrative regulation, and of ordinances of the city. A conditional-use permit is required for the location of manufactured home parks and recreational camping areas. All manufactured home parks and recreational camping areas shall comply with the applicable state laws and State Health Department regulations.
(B) Use of RCUs. The use of RCUs are allowed with the following provisions.
(1) A lot without a dwelling may contain one RCU, provided:
(a) The lot meets minimum requirements for size, and all requirements of this chapter for structures are met;
(b) There are no water or sewer connections;
(c) The RCU cannot be used as a permanent dwelling;
(d) No RCU may be skirted or permanently placed;
(e) An RCU may be allowed in conjunction with a land use permit for a permanent structure for a maximum of 12 months during the construction period; and
(f) A permit is required.
(2) A lot containing one dwelling may contain one RCU for use, not to exceed ten days within any 60-day period.
(C) Storage of an RCU. Storage of one RCU on a residential lot will be allowed, provided:
(1) It is not located in the right-of-way and is placed solely on the owner’s property;
(2) It will not impede city services or obstruct traffic visibility; and
(3) It can only be used for storage and not for use and cannot be hooked up to city utility services.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999
§ 156.037 ADDITIONAL RESTRICTIONS AND STANDARDS IN RESIDENTIAL DISTRICT.
(A) Construction material.
(1) Single-family dwelling roofs shall be shingled with asphalt, wood, tiles, metal (with concealed fasteners), or other comparable materials.
(2) Building materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality, to ensure they will maintain and enhance the property values of the neighboring properties.
(3) Single-family dwellings, garages, and accessory structures over 120 square feet of floor space or over 120 square feet of roof and roof overhang shall be constructed of materials similar in quality and appearance to that of the main dwelling structure on the lot.
(4) Buildings constructed of canvas, fabric, or straw shall not be permitted.
(5) Building exteriors must be finished within one year of starting construction unless a one-year extension is granted by the Zoning Official.
(B) Accessory structures. No more than two detached accessory structures are permitted on a parcel occupied by a single-family detached dwelling that are over 120 square feet.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999