Braham City Zoning Code
DESIGN SPECIFIC
ACTIONS
§ 154.250 PURPOSE.
The purpose of this subchapter is to establish general development standards to assure compatible land uses, to prevent blight and deterioration, and to enhance the health, safety, and general welfare of the city.
(Ord. 199, passed 2-7-2000)
§ 154.251 DWELLING UNIT RESTRICTIONS.
(B) Tents, play houses, or similar structures may be used for play or recreational purposes.
(Ord. 199, passed 2-7-2000)
§ 154.252 BUILDING RESTRICTIONS.
(A) Any person desiring to build new or improve existing buildings shall submit to the Zoning Administrator information on the location, and dimensions of the existing and proposed buildings, location of easements crossing the property encroachments, and any other information which may be necessary to ensure conformance to city ordinances.
(B) All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets, and according to the system and standards employed by the city.
(C) Except in the case of planned unit developments, as provided for in §§ 154.220 through 154.223, not more than one principle building shall be located in a lot. The words “principle building” shall be given their common, ordinary meaning; in case of doubt, or on any questions or interpretation, the decision of the Zoning Administrator shall be final, subject to the right of appeal to the Planning Commission and City Council, as provided for in §§ 154.395 through 154.400.
(D) Manufactured homes, buildings, tents, or other structures temporarily maintained by an individual or company on the premises associated with the work project, and used exclusively to house labor or other personnel occupied in the work project, shall be exempt from the requirements of this subchapter, but in no event shall the structures be on the premises for a period of time exceeding 12 months. The manufactured homes, buildings, tents, or other structures shall be removed within 30 days from the completion of the work project.
(Ord. 199, passed 2-7-2000)
§ 154.253 LAND RECLAMATION.
(A) Under this subchapter, LAND RECLAMATION is the reclaiming of land by depositing materials so as to elevate the grade.
(B) All LAND RECLAMATION shall be controlled under the provisions of the State Uniform Building Code and this chapter, and shall meet the following minimum standards:
(1) The deposit of any fill shall be permitted by conditional use permit only, in all districts;
(2) The smallest amount of bare ground is exposed for as short a time as feasible;
(3) Temporary ground cover is used, and permanent ground cover, such as sod, is planted;
(4) Methods to prevent erosion and trap sediment are employed;
(5) Fill is stabilized to accepted engineering standards;
(6) Final slopes for cut slopes should be a maximum of 1:1, or 100%; fill slope 3:1 or 30%; and grade or construction slope 5:1 or 20%;
(7) A plan for control of egress and ingress must be approved by the city; and
(8) Dust control must be provided in an acceptable manner and approved by the city.
(Ord. 199, passed 2-7-2000)
§ 154.254 FENCING, SCREENING, LANDSCAPING.
(A) No fence shall exceed four feet in height and no closer than ten feet from the front property line, or eight feet in height in the rear yard, as measured from the average point between the highest and lowest grade.
(B) No fence, screen, or structure which obstructs view shall be located within 25 feet of any corner formed by the intersection of street or railroad rights-of-way, as measured from the intersecting property lines.
(C) Except as provided in division (B) above, fences, hedges, or shrubs less than four feet in height may be located on any part of the lot.
(D) In all zoning districts, all useable open space, as defined by this chapter, shall be planted and maintained in grass, sodding, shrubs, or other suitable vegetation or treatment.
(E) All screening required by the provisions of this chapter shall consist of one of the following:
(1) A green belt planting strip consisting of vegetative cover of sufficient width and density to provide an effective screen; and
(2) A fence constructed of masonry, brick, wood, or steel which is compatible with surrounding structures and buildings, and sufficiently serves as an effective screen.
(F) Except as provided in division (B) above, or as amended, fences shall be set back at least one foot from the lot lines or, upon mutual consent of the abutting property owner(s), may be placed along the lot line.
(G) All fences shall be constructed with a finished side facing outward.
(H) Every fence shall be constructed in a substantial workman-like manner, and of substantial material suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become, and remain, in a condition of disrepair or danger, or constitute a public or private nuisance.
(I) Material such as wire mesh, hog wire fencing, straight wire fencing, barbed wire, or snow fencing will not be allowed.
(J) Permits are required for all fences. The permit fee is waived on fences six feet and under in height.
(Ord. 199, passed 2-7-2000)
§ 154.255 REFUSE.
All lots within all zoning districts shall be maintained in a neat and orderly manner. No rubbish, salvage materials, utility vehicles, vehicles or trailers that are not licensed for public street use, junk, or miscellaneous refuse shall be openly stored, or kept in the open, when the same is construed by the City Council to be a menace or nuisance to the public health, safety, or general welfare of the city, or to have a depressing influence upon property values in the area.
(Ord. 199, passed 2-7-2000) Penalty, see § 154.999
§ 154.256 VISION CLEARANCE AT CORNERS, CURB CUTS, RAILROAD CROSSINGS.
Notwithstanding any part of this subchapter, or any permit or variance granted, no structure, vehicle, vegetation, fence, sign, building, or any obstacle, or any portion thereof, shall be placed or retained in a manner to constitute a traffic hazard or obstruct the vision clearance of corners, curb cuts, or railroad, crossings.
(Ord. 199, passed 2-7-2000)
§ 154.257 PERFORMANCE STANDARDS.
All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors, and noise. The burden of proof of compliance with appropriate performance standards shall lie with the applicant.
(Ord. 199, passed 2-7-2000)
§ 154.258 ADMINISTRATIVE STANDARDS.
Whenever, in the course of administration and enforcement of this subchapter, it is necessary or desirable to make any administrative decision, unless other standards are provided within this subchapter, the decisions shall be made so that the result will be consistent with the intent and purpose of this subchapter as described in § 154.001.
(Ord. 199, passed 2-7-2000)
§ 154.259 LIGHTING.
Any lighting used to illuminate an off-street parking area, sign, or structure shall be arranged as to deflect light away from any adjoining residential properties or uses from the public streets.
(Ord. 199, passed 2-7-2000)
§ 154.260 PUBLIC WATER ALTERATION.
Any alteration which will change or diminish the course, current, or cross section of a public water shall be approved by the Commissioner of the State Department of Natural Resources, in accordance with the procedures of M.S. § 103G.245, as it may be amended from time to time. This alteration includes construction of channels and ditches; lagoons; dredging of lake or stream bottoms for removal of muck, silt, or weeds; and filling in the lake or stream bed. Judicial ditches are under court jurisdiction, and the County Engineer is the advisor.
(Ord. 199, passed 2-7-2000)
§ 154.261 DESIGN STANDARDS.
The architectural appearance and function of any building and site shall not be so dissimilar to the existing buildings or areas as to constitute a blighting influence. Earth sheltered buildings are allowed if in compliance with all other zoning provisions promulgated pursuant to M.S. § 462.357, as it may be amended from time to time.
(Ord. 199, passed 2-7-2000)