This chapter shall be known, cited and referred to as the "Caledonia Zoning Chapter."
(Ord. 164, passed 9-14-1982)
This chapter is adopted for the purpose of:
(A)
Protecting the public health, safety, morals, comfort, convenience and general welfare;
(B)
Promoting orderly development of the residential, commercial, industrial, recreational and public areas;
(C)
Conserving the natural and scenic beauty and attractiveness of the city;
(D)
Conserving and developing natural resources in the city;
(E)
Providing for the compatibility of different land uses and the most appropriate use of land throughout the city;
(F)
Minimizing environmental pollution; and
(G)
Conserving energy through the use of solar systems and the encouragement of solar and earth-sheltered structures for commercial, industrial and residential areas.
(Ord. 164, passed 9-14-1982)
The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.
(A)
The singular number includes the plural and the plural the singular.
(B)
The present tense includes the past and future tenses and the future the present.
(C)
The word "shall" is mandatory and the word "may" is permissive.
(D)
The masculine gender includes the feminine and neuter genders.
(E)
Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition.
(F)
All measured distances expressed in feet shall be to the nearest tenth of a foot.
(G)
In the event of conflicting provisions, the more restrictive provisions shall apply.
(Ord. 164, passed 9-14-1982)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Accessory use or structure. A use or structure or portion of a structure subordinate to and serving the principal use structure on the same lot and customarily incidental thereto.
Agricultural building or structure. Any building or structure existing or erected which is used principally for agricultural purposes, with the exception of dwelling units.
Agricultural use. The use of land for the growing and/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, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers;
(2)
Livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including dogs, ponies, deer, rabbits and mink; and
(3)
Livestock products, including milk, butter, cheese, eggs, meat, fur and honey.
Apartment. A room or suite of rooms, 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. This includes any unit in buildings with more than two dwelling units.
Arts and cultural center. A building used as a place for the promotion of art, culture, and education, which may provide indoor and outdoor exhibition space, work space, meeting space, lecture halls, and performance space for artists, musicians, graphic designers, photographers, lecturers, teachers, and members of the public.
Auto or motor vehicle reduction yard. A lot or yard where one or more unlicensed motor vehicle(s), or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment.
Automobile service station. A building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles or any portion thereof.
Basement. 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.
Boarding house or rooming or lodging house. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed 20 persons.
Building. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel or property of any kind and when the structures are divided by party walls without openings, each portion of the building so separated shall be deemed a separate building.
Building height. The vertical distance to be measured from the average 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 on 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. A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from the right-of-way line.
Building setback. The minimum horizontal distance between the building and a lot lone, or the normal high water mark of a stream or river.
Business. Any occupation, employment or enterprise wherein merchandise is exhibited or sold or where services are offered for compensation.
Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and church building, together with is accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
City. The City of Caledonia, Minnesota.
Clear-cutting. The entire removal of a stand of vegetation.
Clustering or cluster housing. The development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of natural amenities of the land.
Commissioner. Commissioner of the Department of Natural Resources.
Comprehensive plan. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the city and its environs, as defined in the Planning Act, and includes and unit or part of the plan separately adopted and any amendment to the plan or parts thereof.
County. Houston County, Minnesota.
Conditional use. A use classified as conditional generally may be appropriate or desirable in a specified 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.
Condominium. A form of individual ownership with a multi-family building with joint responsibility for maintenance and repairs. In a condominium, each apartment or townhouse is owned outright by its occupant.
Cooperative. A multi-unit 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.
Curb level. The grade elevation established by the City Council of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this chapter.
Drive-in. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.
Dwelling, attached. One which is joined to another dwelling or building at one or more sides by a party wall or walls.
Dwelling unit. A residential building or portion thereof intended for occupancy by a single family, but not including hotels, motels, boarding or rooming houses or tourist homes. There are three principal types:
(1)
Multiple-family dwelling. 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.
(2)
Single-family dwelling. A free-standing (detached) residence structure designed for or occupied by one family only.
(3)
Two-family dwelling. A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
Dwelling, detached. One which is entirely surrounded by open space on the same lot.
Easement. A grant by a property owner for the use of a strip of land for the purpose of construction and maintaining walkways; roadways; utilities, including, but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
Efficiency unit. A dwelling unit with one primary room which doubles as a living room, kitchen and bedroom.
Essential services. Overhead or underground electrical, gas, steam or water transmission or distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the 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 but not including buildings. For the purpose of this chapter, the word "buildings" does not include "structures" for essential services.
Exterior storage or open storage. The storage of goods, materials equipment, manufactured products and similar items not fully enclosed by a building.
Extraction area. Any non-agricultural artificial excavation of earth exceeding 50 square feet of surface area or two feet in depth, excluding basements, 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, breaking or undermining the surface of the earth for the purpose of removing minerals or borrow of fill.
Family. An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.
Farm. A tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. The farms may include agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.
Fence. 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. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
Floor area. The sum of the gross horizontal area of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space and including any basement floor area devoted to retailing activities, to the production of goods, or to business or professional offices. However, the floor area shall not include basement floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices.
Floor area ratio. The numerical value obtained through dividing the gross floor area of a building by the net area of the lot or parcel of land on which the building or buildings are located.
Floor plan, general. A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
Forestry. The use and management, including logging of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance or wood roads, skiways, landings and fences.
Frontage. The boundary of a lot which abuts existing or dedicated public street.
Garage, private. An accessory building or accessory portion of the principal building which in intended for and used to store the private passenger vehicles of the family or families resident upon the premises.
Governing body. The Caledonia City Council.
Home occupation. Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit. The uses include professional offices, minor repair services, photo or art studios, dressmaking, barber shops, beauty shops, tourist homes or similar uses.
Horticulture. Horticultural uses and structures designed for the storage of products and machinery pertaining and necessary thereto.
Hotel. A building which provides a common entrance, lobby, halls and stairway and in which 20 or more people can be, for compensation, lodged with or without meals.
Interim use. A temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning regulation.
Junk yard. An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other materials, paper, rags, rubber, tires and bottles. A junk yard includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills.
Kennel. Any structure or premises on which two or more dogs over six months of age are kept for sale, breeding, profit and the like.
Landscaping. Plantings, including trees, grass, ground cover and shrubs.
Lodging room. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.
Lot. A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease of separate use thereof.
Lot area. The area of a lot in a horizontal plane bounded by the lot line.
Lot, corner. 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. The mean horizontal distance between the front line and the rear lot line of a lot.
Lot line. The property line bounding a lot, except where any portion of a lot extends into the public right-of-way shall be the lot line for applying this chapter.
Lot line, front. The boundary of a lot which abuts and exists on dedicated public streets and, in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the County Recorder.
Lot line, rear. The boundary of a lot which is opposite the front lot line. If the rear 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. Any boundary of a lot which is not a front lot line or a rear lot line.
Lot of record. Any lot which is one unit of a plat heretofore 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 this chapter.
Lot, substandard. A lot or parcel of land for which a deed has been recorded in the office of the County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.
Lot, through. A lot which has a pair of opposite lot lines abutting two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this chapter.
Lot width. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.
Manufactured home. 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 designed 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 in it, and which complies with the manufactured home building code established by M.S. § 327.31, Subd. 3, as it may be amended from time to time. See M.S. § 327.31, Subds. 3 and 6, as they may be amended from time to time.
Manufactured home park. Any site, lot, field or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.
Metes and bounds. A method of property description by means of their direction and distance from an easily identifiable point.
Mining. 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 removing thereof from the site. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided the removal is an approved item in the building permit.
Mobile home. Living quarters designed for transportation after fabrication on streets and highways on its own wheels, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like. The definition of mobile home does not include a manufactured home.
Mobile home stand. The part of an individual mobile home lot which has been reserved for placement of the mobile home, appurtenant structures or additions.
Modular home. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.
Motel or tourist court. A building or group of detached, semi-detached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.
Multiple residence or apartment building. Three or more dwelling units in one structure.
Nursery, landscape. A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
Nursing home. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder. The nursing home shall be licensed by the State Board of Health as provided for in M.S. § 144.50, as it may be amended from time to time.
Official map. The map established by the governing body, in accordance with the Municipal Planning Act, M.S. § 462, as it may be amended from time to time, showing streets, highways, parks and drainage, both existing and proposed.
Off-street loading space. A space accessible from a street, alley or driveway for the use of commercial trucks or other vehicles while loading or unloading merchandise or materials.
Open sales lot or exterior storage. Any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for the storing of same under the open sky prior to sale.
Parking space. A suitable surfaced and permanently maintained area on privately-owned property either within or outside of a building of sufficient size to store one standard automobile.
Pedestrian way. A public or private right-of-way across or within a block to be used by pedestrians.
Planning commission. The Planning Commission of Caledonia, except when otherwise designated.
Planned unit development. A residential development whereby buildings are grouped or clustered in and around common open space areas in accordance with a prearranged site plan and where the common open space is owned by the homeowner's and usually maintained by a homeowner association.
Prefabricated home. A non-mobile 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. One which determines the predominant use as contrasted to accessory use or structure.
Property line. The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway and the like.
Property owner. Any person, association or corporation having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominant easement interest or an option to purchase any of same, but not including owners or interests held for security purposes only.
Protective covenant. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.
Public land. Land owned or operated by municipal, school district, county, state or other governmental units.
Recreation, commercial. Includes all uses such as bowling alleys, roller and skating rinks, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
Recreation equipment. Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 20 feet in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding 25 square feet of floor area or sheds utilized for storage of equipment.
Recreation, public. Includes all uses such as tennis courts, ball fields, 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.
Reclamation land. The improvement of land by deposition 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.
Registered land survey. A survey map of registered land designed to simplify a complicated metes and bounds description, designates the same into a tract or tracts of a registered land survey number.
Regional flood. A flood which is represented 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.
Regulatory flood protection elevation. A point not less than one foot above the water surface profile associated with the regional flood, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this chapter are required to be elevated or flood-proofed.
Road. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated. Ingress and egress easements shall not be considered roads.
Rooming house. A building designed for or used as a single-family or two-family dwelling, all or a portion of which contains rooming units which accommodate three or more persons who are not members of the keeper's family. Rooms or meals, or both, are provided for compensation on a periodic payment basis.
Selective cutting. The removal of scattered trees.
Sewage. Any water carried domestic waste, exclusive of footing and roof drainage of any residence, industry, agriculture or commercial establishment, whether treated or untreated includes the liquid wastes produced by bathing, laundry and culinary operations and from toilets or floor drains. Raw sewage is sewage which has not been subjected to any treatment process.
Sign. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon or by a building structure or land is view of the public and which directs attention to a product, place, activity, person, institution or business.
Sign, advertising. A sign which directs attention to a business, commodity, service, activity entertainment not necessarily conducted, sold or offered upon the premises where a sign is located, such as a billboard.
Solar access space. The airspace above all lots within the district necessary to prevent any improvement or tree located on the lots from casting a shadow upon and solar device located within the zone greater than the shadow cast by hypothetical vertical wall ten feet high located along the property lines of the lots between the hours of 9:30 a.m. and 2:30 p.m., Central Standard Time on December 21. This chapter shall not apply to any improvement or tree which casts a shadow upon a solar device at the time of the installation of the device or to vegetation existing at the time of installation of the solar device.
Solar collector. A device or combination of devices, structures or part of a device or structure that transforms a direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.
Solar energy. Radiant energy, direct, diffuse and reflected, received from the sun.
Solar energy system. A complete design or assembly consisting of a solar energy collector, an energy storage facility, where used, and components to the distribution of transformed energy to the extent they cannot be used jointly with a conventional energy system. To qualify as a solar energy system, the system must be permanently located for not less than 90 days in any calendar year beginning with the first calendar year after completion of construction. Passive solar energy systems are included in this definition, but not to the extent that they fulfill other functions such as structural and recreational.
Solar skyspace. The space between the solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.
Solar skyspace easement. A right, expressed as an easement, covenant, condition or other property interests in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy.
Solar skyspace must be described as the three dimensional space in which obstruction is prohibited or limited or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.
Solar structure. A structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.
Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein at any point, the basement, cellar or unused under-floor space shall be considered as a story.
Street. A public right-of-way which affords primary means of access to abutting property and shall also include avenue, highway, road or way.
Street collector. A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
Street, local. A street intended to serve primarily as an access to abutting properties.
Street, major or thoroughfare. A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
Street pavement. The wearing or exposed surface of the roadway used by vehicular traffic.
Street width. The width of the right-of-way, measured at right angles to the centerline of the street.
Structure. 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. The division or redivision of a lot, tract or parcel of land into two or more lots either by plat or by metes and bounds description.
Townhouse. A single-family building attached by party walls with other single-family buildings and oriented so that all exits open to the outside.
Use. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.
Use, accessory. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
Use, conditional. See conditional use.
Use, nonconforming. Use of land, buildings or structures legally existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which the use is located.
Use permitted. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
Use principal. The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.
Variance. A modification or variation of the provisions of this chapter where it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of the chapter would an undue hardship.
Wetland. Land which is annually subject of periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh.
Yard. A required open space on a lot which is occupied and unobstructed by a structure form its lowest level to the sky, except as permitted in this chapter. The yard extends along the lot line at right angles to the lot line to a depth or width specified in the setback regulations for the zoning district in which the lot is located.
Yard, rear. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.
Yard, side. The yard extending along the side lot line between the front yard and rear yards to a depth or width required by setback regulations for the zoning district in which the lot is located.
Yard, front. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which the lot is located.
Zoning administrator. The duly appointed person charged with enforcement of this chapter.
Zoning amendment. A change authorized by the city either in the allowed use within a district or in the boundaries of a district.
Zoning district. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform, as defined by this chapter.
(Ord. 164, passed 9-14-1982; Ord. of 2-1-2011(1), § I, 2-1-2011; Ord. No. 2018-003, § 2, 10-8-2018)
(A)
In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety, morals and welfare.
(B)
Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statue, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(C)
Except as this chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter.
(Ord. 164, passed 9-14-1982)
(A)
Any zoning district change on and adjacent to or across a public right-of-way from an adjoining community shall be referred to the Planning Commission and the adjacent community or county for review and comment prior to action by the City Council granting or denying the zoning district classification change.
(B)
(1) A period of at least ten days shall be provided for receipt of comments.
(2)
The comments shall be considered as advisory only.
(Ord. 164, passed 9-14-1982)
Any change in zoning granted by the governing body shall automatically amend the comprehensive plan in accordance with the zoning change.
(Ord. 164, passed 9-14-1982)
Fees for various permits and services in conjunction with zoning shall be established by the City Council and changed from time to time. These fees may be due before permits are issued or services are rendered. Fees shall be collectible by any means allowed by law.
(Ord. -, passed 7-14-2008)
This chapter shall be known, cited and referred to as the "Caledonia Zoning Chapter."
(Ord. 164, passed 9-14-1982)
This chapter is adopted for the purpose of:
(A)
Protecting the public health, safety, morals, comfort, convenience and general welfare;
(B)
Promoting orderly development of the residential, commercial, industrial, recreational and public areas;
(C)
Conserving the natural and scenic beauty and attractiveness of the city;
(D)
Conserving and developing natural resources in the city;
(E)
Providing for the compatibility of different land uses and the most appropriate use of land throughout the city;
(F)
Minimizing environmental pollution; and
(G)
Conserving energy through the use of solar systems and the encouragement of solar and earth-sheltered structures for commercial, industrial and residential areas.
(Ord. 164, passed 9-14-1982)
The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.
(A)
The singular number includes the plural and the plural the singular.
(B)
The present tense includes the past and future tenses and the future the present.
(C)
The word "shall" is mandatory and the word "may" is permissive.
(D)
The masculine gender includes the feminine and neuter genders.
(E)
Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition.
(F)
All measured distances expressed in feet shall be to the nearest tenth of a foot.
(G)
In the event of conflicting provisions, the more restrictive provisions shall apply.
(Ord. 164, passed 9-14-1982)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Accessory use or structure. A use or structure or portion of a structure subordinate to and serving the principal use structure on the same lot and customarily incidental thereto.
Agricultural building or structure. Any building or structure existing or erected which is used principally for agricultural purposes, with the exception of dwelling units.
Agricultural use. The use of land for the growing and/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, soy beans, corn, hay, oats, potatoes, rye, sorghum and sunflowers;
(2)
Livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other animals including dogs, ponies, deer, rabbits and mink; and
(3)
Livestock products, including milk, butter, cheese, eggs, meat, fur and honey.
Apartment. A room or suite of rooms, 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. This includes any unit in buildings with more than two dwelling units.
Arts and cultural center. A building used as a place for the promotion of art, culture, and education, which may provide indoor and outdoor exhibition space, work space, meeting space, lecture halls, and performance space for artists, musicians, graphic designers, photographers, lecturers, teachers, and members of the public.
Auto or motor vehicle reduction yard. A lot or yard where one or more unlicensed motor vehicle(s), or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment.
Automobile service station. A building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles or any portion thereof.
Basement. 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.
Boarding house or rooming or lodging house. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed 20 persons.
Building. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel or property of any kind and when the structures are divided by party walls without openings, each portion of the building so separated shall be deemed a separate building.
Building height. The vertical distance to be measured from the average 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 on 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. A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from the right-of-way line.
Building setback. The minimum horizontal distance between the building and a lot lone, or the normal high water mark of a stream or river.
Business. Any occupation, employment or enterprise wherein merchandise is exhibited or sold or where services are offered for compensation.
Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and church building, together with is accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
City. The City of Caledonia, Minnesota.
Clear-cutting. The entire removal of a stand of vegetation.
Clustering or cluster housing. The development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of natural amenities of the land.
Commissioner. Commissioner of the Department of Natural Resources.
Comprehensive plan. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the city and its environs, as defined in the Planning Act, and includes and unit or part of the plan separately adopted and any amendment to the plan or parts thereof.
County. Houston County, Minnesota.
Conditional use. A use classified as conditional generally may be appropriate or desirable in a specified 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.
Condominium. A form of individual ownership with a multi-family building with joint responsibility for maintenance and repairs. In a condominium, each apartment or townhouse is owned outright by its occupant.
Cooperative. A multi-unit 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.
Curb level. The grade elevation established by the City Council of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this chapter.
Drive-in. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.
Dwelling, attached. One which is joined to another dwelling or building at one or more sides by a party wall or walls.
Dwelling unit. A residential building or portion thereof intended for occupancy by a single family, but not including hotels, motels, boarding or rooming houses or tourist homes. There are three principal types:
(1)
Multiple-family dwelling. 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.
(2)
Single-family dwelling. A free-standing (detached) residence structure designed for or occupied by one family only.
(3)
Two-family dwelling. A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
Dwelling, detached. One which is entirely surrounded by open space on the same lot.
Easement. A grant by a property owner for the use of a strip of land for the purpose of construction and maintaining walkways; roadways; utilities, including, but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
Efficiency unit. A dwelling unit with one primary room which doubles as a living room, kitchen and bedroom.
Essential services. Overhead or underground electrical, gas, steam or water transmission or distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the 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 but not including buildings. For the purpose of this chapter, the word "buildings" does not include "structures" for essential services.
Exterior storage or open storage. The storage of goods, materials equipment, manufactured products and similar items not fully enclosed by a building.
Extraction area. Any non-agricultural artificial excavation of earth exceeding 50 square feet of surface area or two feet in depth, excluding basements, 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, breaking or undermining the surface of the earth for the purpose of removing minerals or borrow of fill.
Family. An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.
Farm. A tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. The farms may include agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.
Fence. 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. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.
Floor area. The sum of the gross horizontal area of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space and including any basement floor area devoted to retailing activities, to the production of goods, or to business or professional offices. However, the floor area shall not include basement floor area other than area devoted to retailing activities, the production or processing of goods or to business or professional offices.
Floor area ratio. The numerical value obtained through dividing the gross floor area of a building by the net area of the lot or parcel of land on which the building or buildings are located.
Floor plan, general. A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
Forestry. The use and management, including logging of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance or wood roads, skiways, landings and fences.
Frontage. The boundary of a lot which abuts existing or dedicated public street.
Garage, private. An accessory building or accessory portion of the principal building which in intended for and used to store the private passenger vehicles of the family or families resident upon the premises.
Governing body. The Caledonia City Council.
Home occupation. Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit. The uses include professional offices, minor repair services, photo or art studios, dressmaking, barber shops, beauty shops, tourist homes or similar uses.
Horticulture. Horticultural uses and structures designed for the storage of products and machinery pertaining and necessary thereto.
Hotel. A building which provides a common entrance, lobby, halls and stairway and in which 20 or more people can be, for compensation, lodged with or without meals.
Interim use. A temporary use of property until a particular date, until the occurrence of a particular event, or until the use is no longer allowed by zoning regulation.
Junk yard. An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other materials, paper, rags, rubber, tires and bottles. A junk yard includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills.
Kennel. Any structure or premises on which two or more dogs over six months of age are kept for sale, breeding, profit and the like.
Landscaping. Plantings, including trees, grass, ground cover and shrubs.
Lodging room. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.
Lot. A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease of separate use thereof.
Lot area. The area of a lot in a horizontal plane bounded by the lot line.
Lot, corner. 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. The mean horizontal distance between the front line and the rear lot line of a lot.
Lot line. The property line bounding a lot, except where any portion of a lot extends into the public right-of-way shall be the lot line for applying this chapter.
Lot line, front. The boundary of a lot which abuts and exists on dedicated public streets and, in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the County Recorder.
Lot line, rear. The boundary of a lot which is opposite the front lot line. If the rear 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. Any boundary of a lot which is not a front lot line or a rear lot line.
Lot of record. Any lot which is one unit of a plat heretofore 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 this chapter.
Lot, substandard. A lot or parcel of land for which a deed has been recorded in the office of the County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.
Lot, through. A lot which has a pair of opposite lot lines abutting two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this chapter.
Lot width. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.
Manufactured home. 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 designed 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 in it, and which complies with the manufactured home building code established by M.S. § 327.31, Subd. 3, as it may be amended from time to time. See M.S. § 327.31, Subds. 3 and 6, as they may be amended from time to time.
Manufactured home park. Any site, lot, field or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.
Metes and bounds. A method of property description by means of their direction and distance from an easily identifiable point.
Mining. 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 removing thereof from the site. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided the removal is an approved item in the building permit.
Mobile home. Living quarters designed for transportation after fabrication on streets and highways on its own wheels, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like. The definition of mobile home does not include a manufactured home.
Mobile home stand. The part of an individual mobile home lot which has been reserved for placement of the mobile home, appurtenant structures or additions.
Modular home. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.
Motel or tourist court. A building or group of detached, semi-detached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.
Multiple residence or apartment building. Three or more dwelling units in one structure.
Nursery, landscape. A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
Nursing home. A building with facilities for the care of children, the aged, infirm or place of rest for those suffering bodily disorder. The nursing home shall be licensed by the State Board of Health as provided for in M.S. § 144.50, as it may be amended from time to time.
Official map. The map established by the governing body, in accordance with the Municipal Planning Act, M.S. § 462, as it may be amended from time to time, showing streets, highways, parks and drainage, both existing and proposed.
Off-street loading space. A space accessible from a street, alley or driveway for the use of commercial trucks or other vehicles while loading or unloading merchandise or materials.
Open sales lot or exterior storage. Any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for the storing of same under the open sky prior to sale.
Parking space. A suitable surfaced and permanently maintained area on privately-owned property either within or outside of a building of sufficient size to store one standard automobile.
Pedestrian way. A public or private right-of-way across or within a block to be used by pedestrians.
Planning commission. The Planning Commission of Caledonia, except when otherwise designated.
Planned unit development. A residential development whereby buildings are grouped or clustered in and around common open space areas in accordance with a prearranged site plan and where the common open space is owned by the homeowner's and usually maintained by a homeowner association.
Prefabricated home. A non-mobile 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. One which determines the predominant use as contrasted to accessory use or structure.
Property line. The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway and the like.
Property owner. Any person, association or corporation having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominant easement interest or an option to purchase any of same, but not including owners or interests held for security purposes only.
Protective covenant. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.
Public land. Land owned or operated by municipal, school district, county, state or other governmental units.
Recreation, commercial. Includes all uses such as bowling alleys, roller and skating rinks, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.
Recreation equipment. Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 20 feet in length, picnic tables, lawn chairs, barbecue stands and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding 25 square feet of floor area or sheds utilized for storage of equipment.
Recreation, public. Includes all uses such as tennis courts, ball fields, 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.
Reclamation land. The improvement of land by deposition 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.
Registered land survey. A survey map of registered land designed to simplify a complicated metes and bounds description, designates the same into a tract or tracts of a registered land survey number.
Regional flood. A flood which is represented 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.
Regulatory flood protection elevation. A point not less than one foot above the water surface profile associated with the regional flood, plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this chapter are required to be elevated or flood-proofed.
Road. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated. Ingress and egress easements shall not be considered roads.
Rooming house. A building designed for or used as a single-family or two-family dwelling, all or a portion of which contains rooming units which accommodate three or more persons who are not members of the keeper's family. Rooms or meals, or both, are provided for compensation on a periodic payment basis.
Selective cutting. The removal of scattered trees.
Sewage. Any water carried domestic waste, exclusive of footing and roof drainage of any residence, industry, agriculture or commercial establishment, whether treated or untreated includes the liquid wastes produced by bathing, laundry and culinary operations and from toilets or floor drains. Raw sewage is sewage which has not been subjected to any treatment process.
Sign. A name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon or by a building structure or land is view of the public and which directs attention to a product, place, activity, person, institution or business.
Sign, advertising. A sign which directs attention to a business, commodity, service, activity entertainment not necessarily conducted, sold or offered upon the premises where a sign is located, such as a billboard.
Solar access space. The airspace above all lots within the district necessary to prevent any improvement or tree located on the lots from casting a shadow upon and solar device located within the zone greater than the shadow cast by hypothetical vertical wall ten feet high located along the property lines of the lots between the hours of 9:30 a.m. and 2:30 p.m., Central Standard Time on December 21. This chapter shall not apply to any improvement or tree which casts a shadow upon a solar device at the time of the installation of the device or to vegetation existing at the time of installation of the solar device.
Solar collector. A device or combination of devices, structures or part of a device or structure that transforms a direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.
Solar energy. Radiant energy, direct, diffuse and reflected, received from the sun.
Solar energy system. A complete design or assembly consisting of a solar energy collector, an energy storage facility, where used, and components to the distribution of transformed energy to the extent they cannot be used jointly with a conventional energy system. To qualify as a solar energy system, the system must be permanently located for not less than 90 days in any calendar year beginning with the first calendar year after completion of construction. Passive solar energy systems are included in this definition, but not to the extent that they fulfill other functions such as structural and recreational.
Solar skyspace. The space between the solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost effective operation.
Solar skyspace easement. A right, expressed as an easement, covenant, condition or other property interests in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy.
Solar skyspace must be described as the three dimensional space in which obstruction is prohibited or limited or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.
Solar structure. A structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.
Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade, as defined herein at any point, the basement, cellar or unused under-floor space shall be considered as a story.
Street. A public right-of-way which affords primary means of access to abutting property and shall also include avenue, highway, road or way.
Street collector. A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
Street, local. A street intended to serve primarily as an access to abutting properties.
Street, major or thoroughfare. A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
Street pavement. The wearing or exposed surface of the roadway used by vehicular traffic.
Street width. The width of the right-of-way, measured at right angles to the centerline of the street.
Structure. 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. The division or redivision of a lot, tract or parcel of land into two or more lots either by plat or by metes and bounds description.
Townhouse. A single-family building attached by party walls with other single-family buildings and oriented so that all exits open to the outside.
Use. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.
Use, accessory. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
Use, conditional. See conditional use.
Use, nonconforming. Use of land, buildings or structures legally existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which the use is located.
Use permitted. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
Use principal. The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.
Variance. A modification or variation of the provisions of this chapter where it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of the chapter would an undue hardship.
Wetland. Land which is annually subject of periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh.
Yard. A required open space on a lot which is occupied and unobstructed by a structure form its lowest level to the sky, except as permitted in this chapter. The yard extends along the lot line at right angles to the lot line to a depth or width specified in the setback regulations for the zoning district in which the lot is located.
Yard, rear. The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.
Yard, side. The yard extending along the side lot line between the front yard and rear yards to a depth or width required by setback regulations for the zoning district in which the lot is located.
Yard, front. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which the lot is located.
Zoning administrator. The duly appointed person charged with enforcement of this chapter.
Zoning amendment. A change authorized by the city either in the allowed use within a district or in the boundaries of a district.
Zoning district. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform, as defined by this chapter.
(Ord. 164, passed 9-14-1982; Ord. of 2-1-2011(1), § I, 2-1-2011; Ord. No. 2018-003, § 2, 10-8-2018)
(A)
In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety, morals and welfare.
(B)
Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statue, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(C)
Except as this chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter.
(Ord. 164, passed 9-14-1982)
(A)
Any zoning district change on and adjacent to or across a public right-of-way from an adjoining community shall be referred to the Planning Commission and the adjacent community or county for review and comment prior to action by the City Council granting or denying the zoning district classification change.
(B)
(1) A period of at least ten days shall be provided for receipt of comments.
(2)
The comments shall be considered as advisory only.
(Ord. 164, passed 9-14-1982)
Any change in zoning granted by the governing body shall automatically amend the comprehensive plan in accordance with the zoning change.
(Ord. 164, passed 9-14-1982)
Fees for various permits and services in conjunction with zoning shall be established by the City Council and changed from time to time. These fees may be due before permits are issued or services are rendered. Fees shall be collectible by any means allowed by law.
(Ord. -, passed 7-14-2008)