The ordinance from which this subpart is derived is adopted for the following purposes:

(1)

To promote the health, safety, and general welfare of the inhabitants of the city.

(2)

To minimize congestion in the public rights-of-way, securing safety from fire, panic and other dangers, and provide for adequate light and air.

(3)

To facilitate the adequate provisions for transportation, water, sewage, schools, parks, and other public requirements.

(4)

To promote a more efficient and desirable utilization of land by recognizing special land features, such as slopes, topography, soils, vegetation, wetland areas, and wildlife.

(5)

To conserve and develop natural resources and maintain a high standard of environmental quality.

(6)

To conserve the natural, scenic beauty, and attractiveness of the city.

(7)

To preserve the capacity of floodplains to carry and discharge floodwaters.

(8)

To divide the city into zones or districts as to the compatible use of land and structures for residences, business, and industrial purposes.

(9)

To prohibit the use of buildings, structures, and lands that are incompatible with the intended use or development of lands within the specified zones.

(10)

To provide for the compatible and appropriate use of land throughout the city.

(11)

To promote orderly development of residential, commercial, industrial, recreational, and public areas.

(12)

To minimize pollution of all types.

(13)

To provide for the administration of this subpart and amendments thereto.

(14)

To define the powers and duties of the administrative officers and bodies.

(15)

To describe penalties for the violation of provisions of this subpart or any amendment thereto.

(Code 2004, pt. 3, § 23.01; Ord. No. 20-2447, 7-20-2020)

(a)

The following rules shall apply in the interpretation of this chapter:

(1)

Any use not expressly permitted herein is prohibited.

(2)

All measured distances expressed in feet shall be rounded to the nearest foot.

(3)

The word "building" includes the word "structure."

(b)

The following words, terms and phrases, when used in this subpart, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words not defined shall be interpreted in accordance with definitions in any standard dictionary.

Abutting means making contact with or separated only by public thoroughfare, railroad, or public utility right-of-way.

Access drive or driveway means a paved or unpaved pathway upon a property and intended to provide vehicular access to and from a public street or alley.

Accessory building means a subordinate building, or a portion of the main building which is located on the same lot or parcel as the main building and the use of which is clearly incidental to that of the main building or to the use of the premises. Playhouses over 30 square feet or five feet in height, enclosed gazebos, glass greenhouses, and enclosed treehouses are considered accessory buildings.

Accessory dwelling unit (ADU) means a self-contained dwelling unit having its own kitchen and bathroom facilities, and which is designed as a second separate dwelling unit that is clearly incidental and subordinate to the principal use of a lot as a single-family detached residence.

Accessory dwelling unit, attached, means an accessory dwelling unit constructed as part of a single-family home that may be accessed from within the home or through a separate entrance of the same home.

Accessory dwelling unit, detached, means an accessory dwelling unit constructed as a separate structure on the same lot as a single-family home.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Addition means an extension or increase in floor area or height of a building or structure.

Administrative review committee (ARC). The administrative review committee (ARC) is a committee composed of the director of community development, city engineer, chief building official, and other appropriate city officials. The chairperson of the committee shall be the director of community development or designee.

Adult use. See section 22-23.

Agricultural building or structure means any building or structure existing or erected which is used principally for agricultural purposes, with the exception of dwelling units.

Agricultural use means the use of land for the growing or production of field crops, livestock, and livestock products for the production of income, including, but not limited to, the following:

(1)

Field crops, including barley, soybeans, corn, hay, oats, potatoes, rye, sorghum, sunflowers, and sod;

(2)

Livestock, including dairy and beef cattle, goats, horses, poultry;

(3)

Livestock products, including milk, butter, cheese, eggs, meat, fur and honey.

Airport or heliport means any land or structure which is used or intended for use, for the landing and takeoff of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.

Alley means a public right-of-way less than 16 feet, but not less than ten feet in width, which has been dedicated or deeded to the public for public use and designed to provide secondary property access.

Animals, domestic farm, means cattle, hogs, horses, bees, sheep, goats, chickens, and other commonly known farm animals.

Animal unit. The following animals constitute one animal unit equivalency: one cow or steer, one horse, donkey, or burro, one beehive consisting of one queen bee, three sheep or goats, or 100 fowl, or an equivalent thereof.

Apartment means a room or suite of rooms rented, leased, or similar tenancy, with cooking facilities available which is occupied as a residence by a single-family, or a group of individuals living together as a single-family unit. Apartments must have minimum lease terms of 30 days. This includes any unit in buildings with more than two dwelling units.

Apartment building means three or more dwelling units or apartments grouped in one building with a common entryway. The term "apartment buildings" may include one or more guest suites.

Assisted living facility means a housing with services establishment that provides sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for the establishment as defined in M.S.A. § 144G.08, subd. 7.

Automobile or motor vehicle reduction yard means a lot or yard where one or more unlicensed motor vehicles or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale of scrap, storage, or abandonment. See also Junkyard.

Automobile repair, major, means general repair, rebuilding, or reconditioning of engines, passenger vehicles or trailers, including body work, frame work, welding and painting of entire vehicle or major portion thereof.

Automobile repair, minor, means the replacement of any part or repair of any part which may include the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger vehicles.

Automobile wash or car wash means a building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods, including, but not limited to, steam cleaning device or other mechanical devices.

Automobile wrecking means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, or wrecked vehicles or their parts. (See also Junkyard. )

Basement means a portion of a building located partly underground, but having half or more of its floor to ceiling height below the average grade of the adjoining ground.

Bay means abbreviated portion of a room which extends from the main structure or building.

Billboard. See Sign, advertising.

Board means the board of the planning commission.

Boarder or roomer means a person who regularly receives room or meals at another's home for pay or services.

Boardinghouse (roominghouse or lodginghouse) means a building or dwelling unit other than a motel or hotel, where, for compensation and by prearrangement, meals, or lodgings are provided for three or more persons not to exceed eight persons, where such residency is on a temporary basis as opposed to permanent residency.

Brew pub means a brewer who holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted by state statute.

Brewer taproom means an area on the premises of a brewery or on the premises adjacent to a brewery owned by the brewer in which the brewer sells or otherwise provides exclusively malt liquor produced by the brewer for consumption within the brewer taproom.

Brewery means a facility that brews malt liquor for distribution off site.

Broadcasting antenna, radio and television, means commercial, public or private broadcasting towers exceeding the district height limitations, or more than one tower of any height located on the same lot or parcel.

Buffer means the use of land, topography, difference in elevation, space, fences, or landscape planting to screen or partially screen a use or property from another use or property, and thus reduce undesirable influences, such as site, glare, noise, dust, and other external affects. When installed for the purpose of erosion or stormwater protection, the term "buffer" shall have the same definition as provided for in section 129-15(e).

Buildable area means the space remaining on a lot after the minimum setback, drainage provisions, ponding, compensatory storage, soils, open space and other site constraint requirements of this part have been met.

Building means any structure having a roof which may provide shelter, support, protection, or enclosure of persons, animals, or property of any kind, and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

Building height means the vertical distance to be measured from the grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

Building line means an imaginary line separating buildable area and the required yards as defined in this section.

Building line, shoreland, means a line measured across the width of the lot where the main structure is placed in accordance with setback provisions from the ordinary high water mark, as designated by the department of natural resources.

Building setback means the minimum horizontal distance between the building and lot line or the normal high water mark of a lake, as designated by the department of natural resources.

Building, unit group, means two or more buildings (other than dwellings) grouped upon a lot and held under one ownership, such as universities, hospitals, institutions and industrial plants.

Bulk commodity means a bulk product stored on the floor of a building that is delivered in bulk by semi or large truck and distributed in a similar fashion without being placed in small containers or packaged. Bulk commodity materials include, but are not necessarily limited to, gravel, sand, black dirt, roadway salt, organic compost or grain.

Business means any occupation, employment or enterprise, wherein merchandise is exhibited or sold, or where services are offered for compensation.

Cannabis Cultivation means a cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, and transport cannabis flower to a cannabis manufacturer located on the same premises.

Cannabis Retail Businesses means a retail location and the retail locations of a mezzobusinesses with a retail operations state license and city registration, microbusinesses with a retail operations state license and city registration, medical combination businesses operating a retail location, and excluding lower-potency hemp edible retailers.

Carport means a permanently constructed automobile shelter having one or more sides open.

Cemetery means site set apart for the burial or interment of the human dead.

Cemetery, pet, means site set apart for the burial of pets.

Clear cutting means the removal of an entire stand of vegetation.

Club or lodge means a club or lodge is a nonprofit association of persons who are bona fide members paying annual dues, with the use of premises being restricted to members and their guests. The serving of food and meals on such premises is permissible providing adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, provided such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing, further, that such serving of alcoholic beverages is in compliance with the applicable federal, state, county, and municipal laws.

Clustering/cluster housing means the development pattern and technique whereby structures are arranged in closely related groupings to make the most efficient use of natural amenities of the land.

Communication equipment facilities means essential communication service structures designed to house equipment necessary for the distribution requirements of all districts. The structures shall be less than 300 square feet in area.

Community center means a place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational, public health, and recreational activities; provided, however, the principal use of which is not a school, place of worship or day care.

Compensatory storage means the storage volume required to be excavated within or adjacent to a floodplain equal to the area filled in a floodplain.

Comprehensive plan or policies means a computation of goals, policy statements, standards, programs and maps for guiding the physical, social, and economic development, both public and private, as defined in the Minnesota Municipal Planning Act, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.

Conditional use means a use classified as conditional which generally may be appropriate or desirable in a specific zone, but requires special approval because if not carefully located or designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion.

Conditional use permits. There are certain types of land uses which are allowed in some zoning districts, provided that certain conditions or safeguards are imposed by the city council.

Condominium means a form of individual ownership within a building which may entail joint ownership and responsibility for maintenance and repairs of the land and other common property of the building.

Conservancy. The purpose of conservancy is to protect the natural resources in managed areas per section 125-28.

Cooperative means a multiunit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise.

Covenant means a contract between two individuals which constitutes a restriction of a particular parcel of land.

Data center means a building or tenant space with at least 50 percent of the floor area dedicated to the housing of networked computers, storage systems and computing infrastructure and associated components.

Day care center, commercial, means a licensed commercial facility in which care is provided for children.

Density means a number expressing the relationship of the number of dwellings to an acre of land.

Domestic pets means dogs, cats, birds, and other commonly known house pets.

Donation drop-off box means a portable outdoor container intended or used for the collection and storage of unwanted textiles and household items which are removed from the container on a periodic basis or the collection of recyclable materials not generated on the site. Containers less than eight cubic feet are exempt from regulation under this Code.

Drive-through means any use where products or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether the service is provided within the building.

Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party wall.

Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot.

Dwelling, multiple or apartment building , or multiple dwelling complex means a residential building, or portion of a building, containing three or more dwelling units served by a common entrance, or a building designed for occupancy by three or more families.

Dwelling, one-family, means a residential building containing one detached dwelling unit or a building designed and occupied exclusively by one family.

Dwelling, two-family, or duplex means a residential building containing two dwelling units, or a building designed for occupancy by two families.

Dwelling unit means a residential building or portion thereof intended for occupancy by a single-family, but not including hotels, motels, boardinghouses or roominghouses. There are three principal types:

(1)

Single-family: a freestanding (detached) residence structure designed for or occupied by one family only;

(2)

Two-family: a residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each;

(3)

Multiple family: a residence designed for or occupied by three or more families, either wholly (attached) or partially a part of a larger structure (detached), with separate housekeeping and cooking facilities for each.

Easement means a grant by a property owner for use of a strip of land by the public or any person for any specific purpose or purposes of construction and maintaining utilities, including, but not exclusive of, the following: sanitary sewers, water mains, electric lines, telephone lines, other transmission lines, storm sewer, storm drainageways, gas lines, other service utilities, etc.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Essential services means overhead or underground electrical, gas, steam or water transmission or distribution systems, and collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or systems as are required for the protection of public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith, not including buildings except communication equipment facilities as approved by the department of community development.

Exterior storage means the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Extraction area means any nonagricultural, artificial, excavation of earth exceeding 50 square feet of surface area of two feet in depth, excavated or made by the removal from the natural surface of the earth, sod, soil, sand, gravel, stone or other natural matter, or made by turning, or breaking or undermining the surface of the earth.

Family.

(1)

The term "family" means any of the following:

a.

An individual.

b.

A group of not more than four individuals, none of whom are related by blood or marriage, adoption, or foster care, but all of whom are maintaining a common residence.

c.

Up to two adult individuals, whether related or unrelated, and the parents and children of each, if any, residing in the same dwelling unit and maintaining a common residence.

d.

A combination of subsections (1)a and c of this definition.

(2)

For the purposes of this definition, the term "maintaining a common residence" means sharing access by all residents to permanently installed cooking and kitchen facilities, eating areas, laundry facilities, bathroom facilities, and social areas.

Farm means any tract of land, five acres or greater, used for agricultural purposes, which is under cultivation or is fenced and utilized as pasture.

Farming means the process of operating a farm for the growing and harvesting of crops which shall include those necessary accessory buildings related to operating the farm and the keeping of common domestic animals which shall not exceed one animal unit per acre in aggregate. In addition, the term "hobby farm" means a farming activity engaged in primarily for pleasure.

Fence means any partition, structure, wall, or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard.

Flood means a temporary increase in the flow or stage of a stream or in the stage of a lake that results in the inundation of normally dry areas.

Flood frequency means the average frequency, statistically determined, at which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance study (reference section 125-20(b)).

Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood.

Floodproofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the channel of the watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regional flood.

Floor area means the area included within the surrounding exterior walls of a building or portion thereof, including the sum of the gross horizontal areas of several floors of a building, including interior balconies, mezzanines, basements, and attached buildings, exclusive of vent shafts, courts, utility rooms, stairs, escalators, or the like.

Floor area ratio means the numerical value obtained through dividing the gross floor area of a building by the lot area on which such building is located.

Floor plan means a graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.

Foster care arrangement means a facility providing care and shelter for nonblood related persons where adult supervision does not involve the payment of money or services or shelter in lieu of money other than direct payment by social service governmental agencies.

Frontage means that boundary of a lot which abuts an existing or dedicated public street.

Garage, private, means a detached or attached accessory building or a portion of the principal building, including a car port, which is used primarily for the storing of passenger vehicles, trailers, manufactured homes, trucks of a rated capacity not in excess of 10,000 pounds gross weight, in which only vehicles used by the tenants of the building on the premises are stored or sheltered.

Garage, public, means any premises, 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, repaired or kept for remuneration, hire or sale.

Garage, repair, means a building or space for the repair or maintenance of vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.

Garage sale means any display of used goods or salesmen samples for sale of said goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the immediate neighborhood.

Garden supply store means a business selling trees; flowering, ornamental, or vegetable plants; grasses; shrubs; and other ground covers as well as selling non-living garden or yard products, such as, but not limited to: fertilizer, herbicides, pesticides, garden and yard tools, yard maintenance and care equipment, landscape rock, yard decorations, edging, etc. Garden supply stores may be conducted within a building or without.

Gasoline station means a facility which supplies and dispenses, at retail, motor fuels, including electrical charging, directly into vehicles. When the use is incidental to the conduct of a public garage, the premises is classified as a public garage.

General development plan means a report in text and in map form with the map drawn to scale depicting the general location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, etc., as related to a proposed development.

General floodplain districts means those areas designated as unnumbered A zones on the flood insurance rate map.

Greenhouse means a glass building in which plants are grown. The term "greenhouse" does not include structures using tarps, plastic sheeting, or other temporary materials.

Group family daycare center means a licensed facility which is accessory to a residential use and where daycare is provided for no more than 14 children at any one time. The total number of children includes all children of any care giver when the children are present in the residence. The term "group family daycare center" includes facilities licensed as family childcare and group family childcare.

Group home means a state-licensed residential facility or housing with services establishment licensed under M.S.A. ch. 144G.

Guest suite means an apartment or room in an apartment building that is occupied exclusively by guests of leaseholders in the apartment building.

Home occupation means any business or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use.

Horticulture means uses and structures designed for the storage of products and machinery pertaining and necessary thereto.

Hotel means any building or portion thereof providing provisions for nine or more guests, in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is through an inside lobby or office, supervised by a person in charge.

Impound lot means a property used for the storing of impounded vehicles with or without towing service.

Institutional housing means housing for students, mentally ill, elderly, nurses, physically retarded, and similar housing of a specialized nature.

Interim use means an interim use may or may not be consistent with the zoning regulations of the district within which they are proposed but may be acceptable or beneficial if reviewed and provisionally approved for a limited period of time.

Intersection sight distance triangle means, in the case of 90-degree intersecting streets, the area within a triangle formed by connecting the following three points:

(1)

The point of intersection of the curblines adjacent to the lot of the intersecting streets;

(2)

A point 60 feet from said point of intersection along one curbline; and

(3)

A point 60 feet from said point of intersection along the other curbline.

In the case of all other intersecting streets, the intersection sight distance triangle shall be defined by the zoning administrator.

Junkyard means land or buildings where waste, discarded or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, rubber products, plastics, glass products, lumber products and products resulting from wrecking or salvage of automobiles or other vehicles, outdoor storage of two or more unregistered vehicles, except as otherwise authorized. Such use shall not include sanitary land fill or organic waste or material.

Kennel, commercial, means any structure or premises on which four or more domestic pets, of one type, over four months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising.

Kennel, private, means any structure or premises on which four or more domestic pets, of one type, over four months of age are kept for private enjoyment and not for monetary gain.

Land reclamation means the reclaiming of land by depositing or excavating material so as to alter at the minimum 400 cubic yards of the existing grade, either by hauling or regarding the area.

Landfills means a system of trash, waste, refuse, debris, salvaged material, or garbage disposal, in which the waste is buried between layers of soil.

Landscaping means alteration of the natural terrain, including the planting of trees, grass, shrubs, and ground cover.

Live entertainment means an activity performed in person by one or more individuals for the purpose to amuse or interest an audience, including, but not limited to, bands and disc jockeys.

Loading space means an area, not within a building, used for loading or unloading of goods from any type of vehicle.

Lodginghouse means a building or premises where lodging is provided for compensation for three or more persons, but not exceeding 25 persons.

Lot means a tract of land, designated by metes and bounds, registered land survey, or plat, and separated from other tracts of land by legal description approved by the city and recorded or to be recorded in the office of the county recorder. In addition, the term "lot" means a tract of land occupied or used or intended for occupancy or use for purposes permitted in this part, abutting on a public street or approved private street, of sufficient size to provide the yards and area required by this subpart.

Lot area means area within a lot, including land over which easements have been granted, but not including any land within the limits of a street upon which such lot abuts, even if fee title to such a street is in the owner of the lot. If a corner lot has its corner bounded by a curved line connecting other street lines which, if extended, would intersect, the area may be computed as if such boundary lines were so extended.

Lot area per unit means the lot area required by this part to be provided for each dwelling unit.

Lot, corner, means a lot situated at the junction of, and abutting on two 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 means the minimum horizontal distance between the front lot line and the rear lot line of a lot.

Lot, double frontage, means an interior lot having frontage on two streets.

Lot, interior, means a lot other than a corner lot.

Lot line means a lot line is the property line bounding a lot, except that where any portion of a lot extends into a public right-of-way or a proposed right-of-way, the line of such public right-of-way shall be the lot line.

Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street. In no case shall there be more than two front lot lines applied to any lot. Any other lines abutting a public right-of-way shall be designated by the zoning administrator as either a side or rear lot line.

Lot line, rear, means that boundary of a lot which is opposite the front lot line, except for on commercial and industrial lots with two front lot lines. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means any lot which is one unit of a plat duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, that has been recorded in the office of the county recorder prior to the effective date of the ordinance from which this subpart is derived.

Lot width means the maximum horizontal distance between the side lot lines of a lot measured on or within the front yard setback requirements.

Maintenance free exterior means construction involving the use of low or no maintenance exterior materials not requiring frequent maintenance, such as, but not limited to, aluminum, steel, fiber cement or composite siding, or vinyl siding, brick, stucco or other unpainted masonry products, vinyl or aluminum clad windows and doors, garage doors, fascia, soffits, or other trim.

Major industrial buildings means an industrial building or facility which comprises at least 100,000 square feet of occupied building area and is situated on at least ten acres.

Manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designated to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term "manufactured home" includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification pursuant to M.S.A. §§ 327.31 through 327.36, as amended.

Manufactured home lot means a parcel of land for the placement of a single manufactured home for the exclusive use of the occupants of said manufactured home.

Manufactured home park means any site, lot, field, or tract of land under single ownership, designed, maintained or intended for the placement of two or more occupied manufactured homes. The term "manufactured home parks" shall include any buildings, structures, vehicles, or enclosure intended for use as part of the equipment of such manufactured home park.

Manufactured home stand means that part of an individual manufactured home lot which has been reserved for placement of the manufactured home, appurtenant structures or additions.

Manufacturing, heavy, means all manufacturing, compounding, processing, packaging, treatment, or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. Such uses include, but are not limited to, the following: sawmill, refineries, commercial feedlots, acid, cement, explosives, flour, seed, and grain milling or storage, meat packing, slaughter houses, coal or tar asphalt distillation, rendering of fat, grease, lard or tallow, alcoholic beverages, poisons, exterminating agents, glue or size, lime, gypsum, plaster of Paris, tanneries, automobile parts, paper and paper products, glass, chemicals, plastics, crude oil and petroleum products, including storage, electric power generation facilities, vinegar works, junkyard, auto reduction yard, foundry, forge, casting of metal products, rock, stone, cement products.

Manufacturing, light, means fabrication, processing, or assembly employing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, and free from neighborhood disturbing agents, such as odors, gas fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration.

Mean flow level means the average flow elevation of a stream or river computed as the midpoint between extreme low and extreme high water.

Medical uses means those uses concerned with the diagnosis, treatment, and care of human beings. The term "medical uses" includes hospitals, dental services, medical services, or clinics.

Meeting/assembly halls means a facility available for private rental for private events such as weddings, conferences, or meetings. The term "meeting/assembly halls" does not include rental for uses that are open to the public such as night clubs.

Memory care facility means a secure assisted living facility or a portion of such facility providing services specifically for adults experiencing memory loss due to Alzheimer's disease or other dementia related illness.

Metes and bounds description means a description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineates a fractional portion of the section, lot or area by described lines or portions thereof.

Mining means the extraction of sand, gravel, rock, soil or other material from the land in the amount of 1,000 cubic yards or more and the removal thereof from the site. The term "mining" shall not include the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats or utility and highway construction, minor agricultural and sod removal except as further regulated herein.

Multiple residence means three or more dwelling units in one structure.

Municipal water and sewer systems means utility systems serving a group of buildings, lots, or an area of the city, with the design and construction of such utility systems as approved by the city engineer.

Natural resource analysis means a report in map and text form identifying the existing natural features of a parcel of land and the relationship of a proposed use to the existing natural conditions of the parcel.

Noise means one, or a group of, loud, harsh nonharmonious sounds or vibrations that are present and irritating to the ear.

Noise, ambient, means all encompassing sounds associated with a given environment, which may be either a composite of sounds, transmitted by any means from many sources near and far or from a single predominant source.

Nonconforming structure means a structure which does not comply with the bulk yard setback or height regulations of the district in which it is located. Any structure permitted by existing city ordinance upon the effective date of the ordinance from which this subpart is derived, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this part.

Nonconforming use means any use of a lot or structure which does not conform to the applicable use regulations of the district in which it is located, or use of land, building or structures permitted and existing at the time of adoption of the ordinance from which this subpart is derived, which does not comply with all of the regulations of this part, or any amendments hereto, governing the zoning district in which such use is located.

Noxious means matter which is capable of causing injury or is in any way harmful to living organisms, or is capable of causing detrimental effect upon the health, the physiological and social or economic well-being of human beings.

Nursery, landscape, means a business growing and selling trees, flowering and ornamental plants, grasses, shrubs, and other ground covers, which may be conducted within a building or without, for the purpose of landscape construction.

Nursery, temporary landscape, means a business conducting temporary sales with an associated primary use erected on a commercially zoned lot for the purpose of displaying or selling seasonal plant and landscape materials not inside a permanent structure.

Nursing home, rest home or convalescent home means a building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder but not containing equipment for surgical care or for treatment of disease or injury. Said nursing home shall be licensed by the state board of health, as provided for in M.S.A. § 144.50.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

Occupancy means the purpose for which a building is used or intended to be used. The term "occupancy" shall also include the building or rooms housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Office uses means those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired. The term "office uses" includes banks, general offices, professional offices, governmental offices, insurance offices, real estate offices, travel agencies or transportation ticket offices, telephone exchanges, utility offices, radio broadcasting and similar uses.

Open sales lot means land devoted to the display of goods for sale, rent, lease, advertising, merchandising, or trade where such goods are not enclosed within a building, including, but not limited to, flea markets. The term "open sales lot" does not include temporary landscape nurseries.

Open space means any open area not covered by a structure.

Open space, common, means a parcel of land or an area of water (not required for storage of the regional flood) or a combination of such land and water area within the site designated for private open space for the sole benefit, use and enjoyment of the homeowners within a planned unit development or similar developments associated with common open space area.

Open space, private, means any open space owned by a person.

Open space, public, means any open space publicly owned.

Open storage means storage of any material outside of the building or structure.

Ordinary high water level means the boundary of water basins, watercourses, public waters, and public waters wetlands, and:

(1)

An elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;

(2)

For watercourses, is the elevation of the top of the bank of the channel; and

(3)

For reservoirs and flowages, is the operating elevation of the normal summer pool.

Overhead doors means a door which allows passenger vehicles or trucks to enter or exit a building.

Parcel means a tract of land that does not have sufficient street frontage or area, as defined within this subpart, to be considered a buildable lot.

Parking space means a suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one automobile.

Party wall means a common wall which divides two independent structures.

Paths of solar energy system means a solar energy system that uses natural and architectural components to collect and store solar power energy without using external mechanical power.

Pedestrian way means a public or private right-of-way across or within a block, to be used by pedestrians.

Performance standards means criteria established to control environmental conditions, such as, but not limited to: odor, smoke, toxic or noxious matter, vibration, fire and explosive hazard, glare, runoff generated by or inherent in use of land or building.

Place of worship means a building, together with its necessary buildings and uses, where persons regularly assembly for religious worship and which buildings, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship, including, but not limited to, churches, mosques, synagogues, and temples.

Plan, comprehensive, means a compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the planning agency's recommendations for the future development of the community.

Plan, concept, means a report in map and depicting the location, general purpose, general type of land use, and circulation pattern, primary relationship between site elements and between the proposed development and surrounding development, proposed general schedule of development and information on the proposed developer.

Plan, general development, means a report in text and map form with the map drawn to scale, depicting the general location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, buffering, as related to a proposed development.

Plan, parking, means a graphic, plan, or map shall be prepared reflecting the total parking required, based on the more restrictive land use where a building is proposed to accommodate uses that may require application of two or more differing parking standards, based on potential occupancy. The standard providing the greatest amount of parking shall be applied exclusively.

Plan, site, means a map or graphics prepared to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of the structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, existing and proposed grading, walkways, and other site development information as related to a proposed development.

Plat means a map, graphics or drawing which graphically delineates the boundary of land parcels for the purpose of identification and record title. The plat is recorded legal document and must conform to all state laws.

Pool deck surround means an area immediately adjacent to or attached to a pool or spa that is specifically constructed or installed for sitting, standing, or walking.

Pool platform means a raised platform similar to a deck, surrounding an above-ground pool.

Practical difficulty, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by city zoning regulations; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

Prefabricated home means a nonmobile housing unit, the walls, floors and ceilings of which are constructed at a central factory and transported to a building site where final construction is completed, permanently affixing the unit to the site.

Principal structure or use means the main use of land, buildings or other structures as distinguished from an accessory use.

Property line means the legal boundaries of a parcel of property which may also coincide with the right-of-way of a road, cartway and the like.

Public land means land owned or operated by municipalities, school district, county, state, or other governmental unit.

Public building means a building owned and operated by the city, including, but not limited to, fire stations, wells, city hall, public works, senior citizen facility and police facilities.

Quad means a four-unit multiple residence building with private entrances to each unit.

Reclamation, land, means the improvement of land by the depositing of material to elevate the grade. Any parcel upon which 400 cubic yards or more of fill are deposited shall be considered as reclaimed land.

Recreation, commercial, includes all uses such as bowling alleys, driving ranges, movie theaters, or the equivalent thereof, that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.

Recreation, public, means and includes all uses such as tennis courts, ball field, picnic areas, and the like, that are commonly provided for the public at parks, playgrounds, community centers, and other sites, owned and operated by a unit of government for the purpose of providing recreation.

Recreation, regional, means a public indoor and outdoor recreation facility serving a regional clientele, including, but not limited to, uses such as soccer, track and field events, skating, hockey, biking, volleyball, and concerts. The site must be owned and operated by a unit of government, public, or not-for-profit-organization for the purpose of providing recreation.

Recreational equipment means non-enclosed structures or equipment used for recreational purposes, including, but not limited to, trampolines, treehouses without walls and roofs, slides, climbing structures, playhouses under 30 square feet with a maximum height of five feet, and playground equipment. The term "recreation equipment" does not include playhouses over 30 square feet or five feet in height or treehouses with fully enclosed walls.

Recreational vehicle means any vehicle or structure constructed in such a manner as to permit occupancy thereof, as living quarters and so designed that it is or may be mounted on wheels, and used as conveyance on highways and streets, propelled or drawn by its own or other motor power.

Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.

Registered land survey means a survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into tract or tracts of registered land survey number.

Regulatory flood protection elevation means the elevation to which uses regulated by this subpart are required to be elevated or floodproofed. The regulatory flood protection elevation shall be an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

Restaurants (Class I) means a traditional restaurant where food is served by a waitress or waiter to a customer and consumed while seated at a counter or a table. Food is served on nondisposable containers.

Restaurants (Class II) means fast food restaurants in which a majority of the customers are served food at a counter and take it to a table to eat at or may take food outside to consume in a vehicle or off the premises.

Road means a public right-of-way affording primary access by pedestrians in vehicles to abutting property whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, land, place, or however otherwise designated. Egress and ingress easements shall not be considered roads.

Selective cutting means the removal of single scattered trees.

Self-storage facility, indoor, means a fully enclosed, climate controlled, building containing separate, individual and private storage spaces of varying sizes, leased or rented on an individual basis for the storage of personal property; where individual renters control and access individual storage spaces via its own access door. Each unit must be directly accessed from the interior of the building via its own access door. Outdoor access to individual units is prohibited. Ancillary retail sales of related items, such as moving supplies, facility offices, and a dwelling for a night watchman may also be included. Such facilities to be used for storage only.

Senior housing means multifamily housing with occupancy restricted to persons over 55 years of age. The term "senior housing" includes senior assisted living facility.

Sewage means any water carrying domestic waste, exclusive of footing and rough drainage of any residence, industry, agricultural or commercial establishment, whether treated or untreated and includes the liquid waste produced by bathing, laundry, and culinary operations, and from toilets and floor drains. Raw sewage is sewage which has not been subjected to any treatment process.

Shop, specialty, means a business in a commercial zone which requires a conditional use permit because of the special product or services sold or rendered.

Shopping center, community center, means a regional center designed for the purpose of retailing and providing a wide range of goods and services such as apparel, furniture and banking and financial services, for a trade area comprised of several residential neighborhoods.

Shopping center, neighborhood center, means a retail center designed for the purpose of retailing convenience goods, such as food and drugs, providing personal services such as barbershops and laundry stations, for a combination of basic day to day shopping for service needs of persons living or working within the nearby area.

Shopping center, regional center, means a retail center designed to serve a trade area of several communities and to provide a range of convenience and shoppers endurable goods and services comparable to that found in the central business districts of Minneapolis and St. Paul.

Shoreland means land located within the following distances from public water:

(1)

1,000 feet from the normal high water mark of a lake, pond, or flowage; or

(2)

300 feet from a river or stream or floodplain designated by ordinance on such a river or stream, whichever is greater.

The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances. Public waters shall be any existing body of water, wetland, drainageway as designated by the state department of natural resources.

Shoreland alteration means grading and filling in shoreland areas or any alteration of the natural topography where the slope of the land is towards a public water or watercourse leading to a public water.

Shoreland setback means the minimum horizontal distance between the structure and the normal high water mark.

Sign means any letters, words, symbols, poster, picture, device reading matter, or representation in the nature of a message, announcement, visual communication, or advertisement whether printed, painted, posted, affixed, constructed, or displayed for the purpose of information or communication. The term "sign" includes sign structural supports, uprights, bracing and framework. The term "sign" shall specifically include architectural or graphic features which are intrinsically associated with a particular product, good service, business, firm corporation, or profession.

Sign, advertising, means a sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold, or offered upon the premises where such sign is located, such as a beer billboard.

Significant tree means any live healthy tree measuring eight inches in diameter or greater, measured at 4½ feet above the ground.

Solar energy means radiant energy that is direct, diffused, and reflected energy received from the sun.

Solar energy system means a device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

Solar energy system, ground-mounted, means a freestanding solar energy system mounted directly to the ground.

Stable, commercial, means any structure or premises on which horses are kept, owned, boarded, groomed, trained, bred, or offered for sale. A commercial stable requires a conditional use permit.

Stable, private, means any structure or premises on which 20 or more horses, or more than one horse per acre, are kept for private enjoyment and hobby purposes only. A private stable requires a conditional use permit.

Street means a public right-of-way which affords primarily means of access to abutting property and shall also include avenue, highway, road, or way.

Street right-of-way means the width of the right-of-way, measured at right angles to the centerline of the street.

Street, arterial or major, means a street which serves, or is designed to serve heavy flows of traffic which is used primarily as a street route for traffic between communities or other heavy traffic generating areas.

Street, collector, means a street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major roadway. Direct driveway access is limited to the greatest extent possible.

Street, local, means a street intended to serve primarily as access to abutting properties.

Street, pavement, means the wearing or exposed surface of the roadway used by vehicular traffic.

Street width means the width of street surface measured at right angles between the curbs or edge of pavement.

Story means that portion of a building included between the surface of any floor and the surface of the flooring next above. A basement shall be counted as a story provided 40 percent or more of the height of the basement is above grade.

Structural alteration means any change, other than incidental repairs, which would prolong the life of supporting members of a building such as bearing walls, columns, beams, girders, or foundations.

Structure means anything constructed, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground.

Subdivision means the division or redivision of a lot, tract, or parcel of land into two or more lots, either by plat, metes and bounds, or by registered land survey.

Taproom means an establishment with alcoholic drinks available on tap.

Tattoo parlors/shops means any room or space where tattooing (body art) or body piercing is performed, not including beauty salons or cosmetology businesses involving ear piercing or permanent cosmetic services.

Topsoil means black dirt composed of unconsolidated material, largely undecomposed organic matter with a maximum of 35 percent sand.

Tow truck means motor vehicles equipped with a crane and winch, or an attached device used exclusively to transport vehicles, and further equipped to control the movement of the towed or transported vehicle.

Tow truck operation means operation of tow trucks based out of the location of a minor or major auto repair business. The term "tow truck operation" does not include the drop off of vehicles by tow trucks not associated with the business.

Townhouse means a single-family building attached by party walls with other single-family buildings, and orientated so that all exits open to the outside with private entries maintained to each individual unit.

Toxic and hazardous waste means waste materials, including, but not limited to: poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar harmful chemicals and waste which requires special handling and must be disposed of in a manner which conserves the environment and protects the public health and safety.

Transient sale means temporary sale of goods, wares, services, and merchandise within the city outside of a building with a valid certificate of occupancy in or upon a vacant lot, motor vehicle, trailer, tent, or railroad car.

Treehouse means a structure constructed in a tree. Treehouses without enclosed walls and roofs are regulated as recreational equipment and treehouses with enclosed walls and roofs are regulated as accessory buildings.

Truck terminal means a building or area in which freight brought by motor truck is assembled, stored, or transferred for routing in intrastate or interstate shipment by motor truck.

Use means the purpose or activity for which the land or building thereon is designated, arranged, or intended, for which it is occupied, utilized, or maintained.

Use, accessory, means a use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

Use, permitted, means a public or private use which of itself conforms with the purposes, objectives, requirements, regulations, performance standards of a particular district.

Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.

Variance means a modification or variation of the provisions of this part where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of the ordinance would cause a practical difficulty.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

Vehicle, passenger, means any motor vehicle under 10,000 GVW and designed and used for carrying not more than ten persons, including station wagons, pickup trucks, vans and motorcycles.

Vehicle rental agency means any real property owned, leased or used by a person, association or corporation for the purpose of storing, displaying or parking two or more passenger vehicles for short-term lease of not more than 90 days.

Vehicle sales lot means any real property owned, leased or used by a persons, business, association or corporation for the purpose of storing, displaying or parking two or more new or used vehicles for sale, consignment, lease, trade or exchange. Parking or storage of two or more vehicles on real property with a sign indicating a phone number, address or other identifying information, or a sign indicating that such vehicles are for sale, consignment, lease, trade or exchange, is prima facie evidence of a vehicle sales lot.

Warehousing means the use of a portion or all of a building or buildings used for the storage of goods of any type.

Wetlands means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:

(1)

Have a predominance of hydric soils;

(2)

Are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(3)

Under normal circumstances support a prevalence of such vegetation.

Yard means a required open space on the lot which is unoccupied and obstructed by a structure from its lowest level to the sky except as permitted in this part. A yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

Yard, front, means a yard extending along the full width of the front lot line between the side lot lines and extending from the abutting street right-of-way to the front faces of the principal building or to the depth required in the setback regulations for the zoning district in which such lot is located, whichever distance is greater.

Yard, rear, means a yard extending along the full width of the rear lot line between the side lot lines and extending from the rear lot line to the rear faces of the principal building or to the depth required in the setback regulations for the zoning district in which such lot is located whichever distance is greater. In single-family residential districts, the principal building shall include attached garages.

Yard, side, means the yard extending along the side lot line between the front and rear yards to the faces of the principal building or to the depth or width required by setback regulations for the zoning district in which such lot is located, whichever distance is greater.

Yard waste drop-off facility means a facility for disposal of yard waste not typically collected by commercial and residential waste haulers. The term "yard waste" includes compostable items such as leaves, lawn clippings and shrub prunings, but for the purposes of this definition also includes tree branches, tree trunks, and stumps from removed trees. All on-site yard waste must be stored within a building or within portable metal containers. No processing or treatment of yard waste nor active composting may occur at a drop-off facility.

Zero lot line means the location of a building or parking area over a common lot line.

Zero lot line split means the instance where a structure is allowed to be constructed over a lot line of two adjoining lots.

Zoning administrator means the officer charged with the administration and enforcement of this part. The zoning administrator or director of community development shall be considered the director of planning and economic development or designee when referenced in this Code.

Zoning amendment means a change of the zoning map or zoning text authorized by the city, either in the allowed use with a district, or in the boundaries of a district.

Zoning district means an area within the limits of the city for which the regulations and requirements governing use are uniform.

Zoning district, overlay, means a zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.

Zoning district, underlying, means all zoning districts except overlay zoning districts.

Zoning map means the map incorporated into this subpart as a part thereof, designating the zoning districts.

(Code 2004, pt. 3, § 25.02; Ord. No. 84-856, 1-3-1985; Ord. No. 86-929, 2-20-1986; Ord. No. 86-936, 4-3-1986; Ord. No. 86-934, 6-5-1986; Ord. No. 88-1085, 6-16-1988; Ord. No. 89-1130, 4-20-1989; Ord. No. 89-1135, 4-20-1989; Ord. No. 91-1243, 1-17-1991; Ord. No. 92-1227, 2-6-1992; Ord. No. 92-1282, 3-5-1992; Ord. No. 93-1337, 6-3-1993; Ord. No. 94-1534, 9-1-1994; Ord. No. 95-1564, 7-6-1995; Ord. No. 95-1586, 12-21-1995; Ord. No. 98-1728, 6-25-1998; Ord. No. 98-1753, 11-19-1998; Ord. No. 99-1770, 2-18-1999; Ord. No. 00-1836, 3-16-2000; Ord. No. 01-1935, 1-3-2002; Ord. No. 05-2063, 10-20-2005; Ord. No. 10-2203, 5-20-2010; Ord. No. 20-2447, 7-20-2020; Ord. No. 21-2489, 12-20-2021; Ord. No. 22-2498, 3-21-2022; Ord. No. 22-2514, 12-19-2022; Ord. No. 23-2535, § 25.02, 12-18-2023; Ord. No. 24-2568, ch. 25, 11-18-2024; Ord. No. 25-2572, § 25.02, 1-22-2025)

(a)

In their interpretation and application, the provisions of this subpart shall be minimum requirements for the promotion of public health, safety, morals, and welfare.

(b)

Where the conditions imposed by any provision of this part are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

(c)

From and after the effective date of the ordinance from which this subpart is derived, the use of all land and every building or portion of a building erected, altered in 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 part. Any existing building or structure and any existing use or 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.

(Code 2004, pt. 3, § 26.01)

This part does not abrogate any easement, covenant, or any other private agreement which are legally enforceable, provided that where the regulations of this part are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this subpart shall govern.

(Code 2004, pt. 3, § 26.02)

(a)

No accessory building or use shall be constructed or use developed on a lot prior to obtaining a building permit for the principal building or use to which it is accessory.

(b)

A detached accessory building or garage shall not be located in any required front or side yard setback.

(c)

All accessory buildings and uses shall comply with the regulations of the zoning district in which they are located.

(d)

No accessory building shall exceed the height of the principal building except in the agriculture zoning district.

(Code 2004, pt. 3, § 26.04; Ord. No. 84-856, 1-3-1985; Ord. No. 94-1501, 4-21-1994; Ord. No. 20-2447, 7-20-2020)

A lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the county recorder on or before the date or adoption of the ordinance from which this subpart is derived may be used for single-family detached dwelling purposes, provided the area and width are within 75 percent of the minimum requirements of this part, and provided that it can be demonstrated that safe and adequate sewer systems can be installed to serve such permanent dwelling, and provided that it does have access on the public street.

(Code 2004, pt. 3, § 26.05)

The lawful use of any land or building existing at the time of the adoption of an additional control or regulation under the city's zoning authority may be continued, even if such does not conform to the regulations of this subpart, in accordance with the following provisions and restrictions:

(1)

Nonconforming structures.

a.

Alterations and maintenance. Repair, replacement, restoration, maintenance, and improvement to legal nonconforming structures are permitted so long as they do not extend or intensify the nonconforming use.

b.

Enlargement. A nonconforming building or structure shall not be added to or enlarged in any manner unless such additions or enlargements are made so as to bring said building or structure into conformity.

c.

Restoration. A nonconforming building or structure which is damaged by fire or other causes to the extent of more than 50 percent of its market value, shall not be restored to its nonconforming use, unless a formal application for a building permit has been applied for within 180 days of when the property was damaged.

d.

Abandonment. A nonconforming use of a building which has been discontinued for a period of more than one year shall not be abandoned and may not be reestablished.

e.

Conforming additions. Existing buildings not in conformance with architectural control standards in the applicable zoning district shall construct additions in conformance with the architectural control standards. Any addition greater than 50 percent of the square footage of the building shall require the entire building to meet architectural control standards.

f.

Applicability. This section does not apply to nonconforming signs, which are regulated by section 133-3.

g.

Car washes. Car washes existing prior to July 17, 2024, that are nonconforming may be expanded provided the increase in size doesn't exceed more than 50 percent of the current footprint of the car wash.

(2)

Nonconforming uses.

a.

Extension. No such nonconforming use shall be intensified, enlarged or increased, nor extended to occupy a greater area of land.

b.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use.

c.

If any such nonconforming use ceases for any reason for a period of more than one year, the same shall be abandoned and may not be reestablished.

(3)

Reserved.

(4)

Creation of nonconformities by public action.

a.

When lot area, width or setbacks are reduced as a result of conveyance to a federal, state, or local government for a public purpose then that lot and any structures existing at the time of public action shall be deemed to be in compliance with the minimum lot area, lot width and setbacks of this ordinance.

(Code 2004, pt. 3, § 26.06; Ord. No. 04-2035, 12-16-2004; Ord. No. 23-2528, 9-18-2023; Ord. No. 23-2535, § 26.06, 12-18-2023; Ord. No. 24-2553, § 26.06, 6-17-2024)