(a)

Lot building relationship. Every building hereafter erected, relocated, or structurally altered shall be located on a lot as herein defined, and, except in the case of an officially approved multiple-dwelling development, there shall be no more than one main building and the customary accessory building or buildings on one lot within a residential zone.

(b)

Double frontage lot. In any residential zone, a double frontage lot shall have a front yard, as hereinafter provided for its particular zone, along each street lot line; provided further that residential buildings on double frontage lots shall not face or have access onto collector or arterial streets as designated in the comprehensive plan. Only one access drive or driveway shall be allowed.

(Code 1977, § 13-104.2; Ord. No. 616, 11-28-2005)

(a)

General criteria.

(1)

When an accessory building is attached to the main building, it shall be made structurally a part of the principal building and shall comply in all respects with requirements of this section applicable to the principal building.

(2)

An accessory building, unless attached to and made a part of the main building, shall not be closer than six feet to the principal building or another accessory building, except as otherwise provided in this section.

(3)

No building permit shall be required for accessory buildings containing 200 square feet gross floor area or less. However, such buildings and their placement shall be reviewed by the building official to ensure compliance with all applicable regulations set forth in this chapter.

(4)

A detached accessory building shall not be located in any required front or side yard on single frontage lots, except for lots abutting the Mississippi River, subject to section 126-383.

(5)

A detached accessory building may be allowed on a double frontage lot; provided the following conditions are met:

a.

The accessory building shall be located on the opposite side of the dwelling as the access drive or driveway;

b.

The accessory building shall meet a 20-foot front yard setback; and

c.

All other applicable requirements and setbacks are met.

(6)

A detached garage may be located in the front or side yard; provided it meets the minimum front yard setback specified for the principle building on the lot.

(7)

In R-1 and R-2 districts, existing attached garages may be expanded to 25 feet from the front property line, provided the following conditions are met:

a.

The existing attached garage cannot be reasonably expanded due to side yard setbacks, drainage and utility easements, significant trees or living space.

b.

The existing attached garage shall be less than 484 square feet prior to expansion.

c.

Construction of the garage addition shall be architecturally compatible with the existing attached garage, including but not limited to siding and roofing materials.

d.

Attached garages may not encroach into the required front yard setback on lots adjacent to principal and minor arterial roads and major collector roads as identified in the city's comprehensive transportation plan.

(b)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(c)

Building materials. No accessory building shall be constructed of canvas, plastic fabric or other similar nonrigid material. All accessory buildings in excess of 120 square feet shall be constructed with exterior materials and finish that match or compliment the exterior finish of the principal structure.

(d)

Size. The city will utilize six lot sizes to calculate allowable accessory building square footage. The city will also utilize the following descriptions of home styles to calculate the total square footage to be applied to one of the six lot sizes:

(1)

Rambler or slab on grade home: total square footage of living space contained on or at grade as defined herein.

(2)

Multi-level home: total square footage of living space on levels at or above grade as defined herein.

(3)

Split-level home: total square footage of living space contained above grade as defined herein.

(4)

Two-story or modified two-story home: total square footage of living space at grade as defined herein and one-half the total contained on the second story.

a.

Lots less than 14,520 square feet (one-third of an acre). The maximum allowable square footage for accessory buildings, attached and/or detached, shall not exceed the total square footage of living space contained on, at or above grade as defined herein, or up to a maximum of 1,000 square feet by conditional use permit.

b.

Lots equal to or greater than 14,520 square feet (one-third of an acre) but less than 21,780 square feet (one-half of an acre). The maximum allowable square footage for accessory buildings, attached and/or detached, shall not exceed the total square footage of living space contained on, at or above grade as defined herein, or up to a maximum of 1,200 square feet by conditional use permit.

c.

Lots equal to or greater than 21,780 square feet (one-half of an acre) but less than 32,670 square feet (three-quarters of one acre). The maximum allowable floor space for accessory buildings, attached and/or detached, shall not exceed the total square footage of living space contained on, at or above grade as defined herein, or up to a maximum of 1,400 square feet by conditional use permit.

d.

Lots equal to or greater than 32,670 square feet (three-quarters of one acre) but less than 43,560 square feet (one acre). The maximum allowable floor space for accessory buildings, attached and/or detached, shall not exceed the total square footage of living space contained on, at or above grade as defined herein, or up to a maximum of 1,600 square feet by conditional use permit.

e.

Lots equal to or greater than 43,560 square feet square feet (one acre) but less than 87,120 square feet (two acres). The maximum allowable floor space for accessory buildings, attached and/or detached, shall not exceed the total square footage of living space contained on, at or above grade as defined herein, or up to a maximum of 1,800 square feet by conditional use permit.

f.

Lots equal to or greater than 87,120 square feet (two acres). The maximum allowable floor space for accessory buildings, attached and/or detached, shall not exceed the total square footage of living space contained on, at or above grade as defined herein, or up to a maximum of 2,000 square feet by conditional use permit.

(e)

Size of individual structure. The maximum allowable size for an individual attached or detached structure is limited to 1,000 square feet, except by conditional use permit.

(f)

Height. The maximum height of an accessory structure shall be as prescribed in the applicable zoning district.

(g)

Setbacks. Accessory buildings shall be set back from adjoining lots as prescribed in the applicable zoning district and shall not be located within a drainage and/or utility easement.

(h)

Conditional use permits. Application for a conditional use permit under this section shall be regulated by article II, division 2 of this chapter. Such conditional use permit for an accessory building includes, but is not limited to, the following:

(1)

No commercial or home occupation activities are conducted within the accessory building;

(2)

In no case shall an attached garage exceed the total square footage of living space contained on, at or above grade as defined herein;

(3)

The accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to the public health, safety and general welfare;

(4)

The application for conditional use permit shall include a screening plan consisting of privacy fencing and/or landscaping to minimize the impact to adjacent residents; and

(5)

The accessory structure shall be positioned on the lot to minimize impact on adjacent property.

(i)

Maximum number of accessory buildings. The maximum number of detached accessory buildings for any lot of record shall not exceed two structures.

(j)

Maximum land coverage of single accessory structure/garage. No single accessory structure/garage may exceed 20 percent of the land area of the yard in which it is located.

(k)

Sum total of land. The sum total of land occupied by all accessory buildings located in the area of the required rear yard shall not exceed 40 percent of that yard.

(l)

Reserved.

(m)

Air conditioning units. Air conditioning units, excluding window units, shall be located a minimum of five feet from all lot lines and shall not be located within a drainage and utility easement.

(n)

Encroachments. Play and recreational facilities, private dog kennels, permanently installed laundry drying equipment, detached outdoor living rooms and gazebos (less than or equal to 500 square feet) may be located within:

(1)

A rear yard or side yard; provided they are set back at least five feet from all lot lines; and

(2)

The yard opposite the driveway on a double frontage lot or the street side yard; provided they are set back at least 20 feet.

No encroachment shall be permitted in existing or required drainage and utility easements unless approved by the city.

(o)

Arbors and trellises. Arbors and trellises may be located in any defined yard with no required setback. No encroachments shall be permitted in existing or required drainage and utility easements unless approved by the city.

(p)

Additional accessory buildings and uses. The following accessory uses, in addition to those specified, shall be permitted in any residential district, if the accessory uses do not alter the character of the premises in respect to their use for the purposes permitted in the district:

(1)

The renting of rooms or the providing of a table board in a dwelling as an incidental use to that of its occupancy as a dwelling of the character permitted in the respective district, but not to the extent of constituting a hotel as defined in section 126-2, unless permitted in the district.

(2)

The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district.

(3)

Recreation, refreshment and service buildings in public parks and playgrounds.

(4)

Fallout shelters.

(5)

Portable storage containers, subject to the following limitations:

a.

Portable storage containers shall only be permitted on property zoned R-1, R-2, R-3 or R-4.

b.

In front yards, portable storage containers shall be located on a driveway or approved surface, such as bituminous, concrete or gravel.

c.

In side or rear yards, portable storage containers shall be setback at least five feet from property lines and shall not be located in a drainage and utility easement.

d.

Portable storage containers shall not be located in a public right-of-way or on a public trail or sidewalk.

e.

Portable storage containers shall be permitted for a period not to exceed 30 days within any consecutive six month period. The city may grant extensions during road restrictions.

f.

A maximum of two portable storage containers not exceeding a cumulative gross floor area of 130 square feet shall be permitted.

g.

Portable storage containers shall not exceed eight feet in height. Except the trailer portion of a tractor-trailer shall be permitted for up to 72 hours on an approved surface if used specifically for moving purposes.

h.

Signage may be provided on portable storage containers in accordance with section 118-5.

(6)

Roll-off debris containers and debris trailers, subject to the following limitations:

a.

Roll-off debris containers and debris trailers are permitted in any residential or commercial district with a setback at least five feet from any property line and shall not be located in any drainage and utility easement.

b.

Roll-off containers and debris trailers shall not be located in any public right-of-way or on any public sidewalk or trail.

c.

Roll-off debris containers and debris trailers shall be permitted when associated with an active building permit or for a period not to exceed 30 days within any consecutive twelve month period. The city may grant extensions during spring road restrictions or when associated with a natural disaster.

d.

On a lot developed with a single-family detached dwelling, one roll-off debris container or debris trailer not exceeding 40 cubic yards shall be permitted.

e.

Signage may be provided on roll-off debris containers or debris trailers in accordance with section 118-5.

(Code 1977, § 13-104.3; Ord. No. 616, 11-28-2005; Ord. No. 619, 7-9-2006; Ord. No. 631, § 13-104.3, 1-8-2007; Ord. No. 635, § 13-104.3, 3-12-2007; Ord. No. 665, 11-10-2008; Ord. No. 697, 4-26-2010; Ord. No. 760, 12-14-2015; Ord. No. 814, 7-22-2019; Ord. No. 901, 9-9-2024)

(a)

District requirements. Yard requirements shall be specified for each district in this chapter.

(b)

Extent of front yards. Except for driveways, the front yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot.

(c)

Walls, fences, hedges. A wall, fence or hedge may occupy part of the required front, side or rear yard. See section 126-389.

(d)

Corner lots.

(1)

The required front yard of a corner lot shall contain no wall, fence, or other structure, tree, shrub, or other growth, which may cause danger to traffic on a street or public road by obscuring the view.

(2)

The required front yard of a corner lot shall be unobstructed above a height of three feet in a triangular area, two sides of which are the lines running along the side street lines between the street intersection and a point 20 feet from the intersection and the third side of which is the line between the latter two points.

(e)

Exemptions to yard regulations. Measurements for yards required in each district shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications:

(1)

Chimney enclosures, flues, sills, pilasters, lintels, ornamental features, cornices, canopies, eaves and gutters may extend into the required yard setback a distance not exceeding three feet;

(2)

Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches;

(3)

A deck or covered porch may encroach into the required front yard setback a distance not exceeding eight feet, if the deck or covered porch has its floor no higher than 48 inches above grade at the entrance floor of the building. An open railing may be placed around such place. A deck or covered porch encroaching into the front yard setback shall not contain walls, windows, screening or glazing material and must be painted, stained or constructed of material making it compatible with the principle structure;

(4)

On corner lots, a deck or covered porch may encroach into the street side yard setback a distance not exceeding ten feet. An open railing may be placed around such place. A deck or covered porch encroaching into the street side yard setback shall not contain walls, windows, screening or glazing material and must be painted, stained or constructed of material making it compatible with the principle structure;

(5)

On double frontage lots, a deck or covered porch may encroach into the setback of the yard opposite the driveway a distance not exceeding ten feet. An open railing may be placed around such place. A deck or covered porch encroaching into the setback of the yard opposite the driveway shall not contain walls, windows, screening or glazing material and must be painted, stained or constructed of material making it compatible with the principle structure; and

(6)

In front yards, bay windows, mud rooms, foyers, and similar structures attached to the front of the house which are no more than 33 percent or one-third of the length of the principal structure and extend no more than six feet into the required front yard setback.

(Code 1977, § 13-104.4; Ord. No. 599, 8-23-2004; Ord. No. 616, 11-28-2005; Ord. No. 724, 5-29-2012)

(a)

When the first adjacent property on each side of the subject property is occupied by structures having setbacks from the street right-of-way of a greater or lesser amount than hereinafter required, the average setback of these existing structures shall be maintained by all new or relocated structures. If the established setback is greater than hereinafter required, the new or relocated structure may encroach an additional ten percent into the setback. But in no case shall the new or relocated structure encroach closer than the established setbacks for the applicable property's zoning.

(1)

This applies to all structures except detached accessory buildings under 200 square feet. Detached accessory buildings are subject to setbacks for accessory uses in section 126-194.

(Code 1977, § 13-104.5; Ord. No. 901, 9-9-2024)

Editor's note— 901, adopted Sept. 9, 2024, amended the title of § 126-383 to read as herein set out. The former § 126-383 title pertained to front yard setbacks.

All open areas of any lot shall either be open landscaped with trees, shrubs and planted ground cover, or left in a natural state. In R-1 and R-2 districts, not more than 40 percent of the front yard area shall be gravel surfaced or hard surfaced with an all weather durable dust free surfacing material.

(Code 1977, § 13-104.6)

No lot shall be developed and no use permitted that results in water runoff, flooding, or erosion on adjacent properties.

(Code 1977, § 13-104.7)

All areas within the corporate limits of the city which are under water and not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district at a halfway point.

(Code 1977, § 13-104.8)

Height limitations set forth elsewhere in this chapter may be increased by 100 percent when applied to the following: chimneys, cooling towers, elevator bulkheads, fire towers, monuments, water towers and spires, or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Code 1977, § 13-104.9)

Whenever any street, alley, or other public way is vacated by official action of the city, the zoning district adjoining each side of such streets, alley or public road shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(Code 1977, § 13-104.10)

(a)

Fences.

(1)

Fences and walls in front yard. In any residential district on any corner lot, no fence or accessory structure or planting shall rise over three feet in height above the level of the public street within 20 feet of any street corner, so as to interfere with traffic visibility across the corner. No fence or wall or shrub planting of more than three feet in height above the level of the public street shall be erected on any interior lot within ten feet of the front property line where it will interfere with traffic visibility from a driveway. See section 126-382(d).

(2)

Fences in side and rear yard. No fence or wall, other than a retaining wall, along a sideline of a lot in a residential district, shall be higher than six feet unless any part above such a height has at least 50 percent of the surface uniformly open and unobstructed or unless the adjoining lot is not in a residential district.

(3)

Residential fences. Fences constructed in any of the following residential districts, R-1, R-2, R-3, R-4, or R-5, shall not be constructed of barbed wire. This regulation shall apply to any fence in a side yard, rear yard, or front yard.

(4)

Gate required. In those instances where a fence exists as an enclosure that restricts access from the front to the rear yard, a gate, or other such means of recognizable ingress shall be provided. The location of such ingress points shall be positioned at any point paralleling the front lot line, between the side lot property line and the principal structure.

(5)

Electric fences. Electric fences shall only be permitted in the R-A district when related to farming.

(6)

Construction and maintenance.

a.

Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. No constructed fence may have boards, planks, or panels larger than 12 inches in width.

b.

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 nuisance, public or private. Any such fence that is, or has become, dangerous to the public shall be declared a public nuisance and the zoning administrator shall commence proper proceedings for the abatement thereof.

c.

Link fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top.

d.

The side of any fence or wall considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street rights-of-way.

(7)

Business and industrial district fences. Fences in all business and industrial districts shall not exceed six feet in height except that boundary line fences abutting "R" districts shall conform to those conditions applying to the "R" district. Fences which are erected primarily to secure a particular given area may have arms not to exceed 36 inches in length located a minimum of seven feet and a maximum of eight feet above the ground surface, on which barbed wire may be placed.

(8)

Special purpose fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended.

(b)

Screening. Required screens shall consist of a wall or fence or plantings and shall be subject to the following provisions:

(1)

Walls and fences. Walls or fences used as screens shall be of not less than 90 percent opacity and not less than five or more than six feet in height above the level of the residential district property at the district boundary. These height regulations shall not apply to screens of loading areas that are regulated in section 126-417(2).

(2)

Plantings. Screen plantings may be substituted for walls or fences; provided such plantings are not less than 2 1/2 inches in diameter and of such type as to permit a minimum of 90 percent opacity during all months of the year.

(3)

Exceptions. Walls or fences of lesser heights or planting screens may be permitted by the city council if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that a screening of the type required by this section would interfere with the provisions of adequate amounts of light and air to same said properties.

(4)

Installation and maintenance. Required screening shall be installed at the time of construction. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

(Code 1977, § 13-104.11)

Structures to be relocated into any district within the city shall be considered as new construction and regulated accordingly.

(Code 1977, § 13-104.12)

Editor's note— Ord. No. 651, adopted Nov. 26, 2007, deleted § 126-391, which pertained to daycare facility and derived from Code 1977, § 13-104.13.

(a)

Permitted encroachments. The following are permitted encroachments into public drainage and utility easements:

(1)

Fences in compliance with section 126-389;

(2)

Retaining walls that are four feet in height or less with the design approved by the city to ensure that the retaining wall will not obstruct stormwater drainage. If the retaining wall is to be placed in a stormwater retention pond or a floodplain, the wall shall not decrease the capacity of the pond or flood storage area;

(3)

Landscape materials, including, but not be limited to, grass, wild flowers, trees, shrubs, wood mulch and landscape rock. In stormwater retention ponds, wood chips and landscape rock shall not be allowed; and

(4)

A two-foot eave encroachment into side yard easements shall be permitted on lots which are serviced by all present and future public utilities (storm sewer, sanitary sewer, and water) if the easement shall be used solely for drainage purposes.

No permitted encroachment under this section shall violate yard setback requirements except as allowed under section 126-382.

(b)

Permitted encroachments by conditional use permit. The following encroachments into recorded easements may be allowed by conditional use permit; provided that the city council has determined that the proposed encroachment will neither impair nor obstruct the stated purpose of said easement:

(1)

Cornices or canopies;

(2)

Fire escapes;

(3)

A deck or uncovered porch. An open railing may be placed around such place; and

(4)

A three-season porch; provided that the porch contains no permanent plumbing or heating facilities, is no more than one story in height, and is for seasonal occupancy only.

(c)

Use rights controller approval. If the use rights of an easement are controlled by a party other than the city, that party must grant approval for an encroachment prior to the city accepting an application for a conditional use permit.

(d)

Support documentation. To determine that the encroachment will neither impair nor obstruct the stated purpose of said easement, the applicant for a conditional use permit shall be required to provide requested support documentation.

(e)

Liability. By granting a conditional use permit to encroach into an easement, the city shall not be held liable for any damages caused to the improvement.

(f)

Abatement.

(1)

Whenever the city official charged with enforcement of a conditional use permit determines that an improvement is being maintained or exists in violation of the said approved conditional use permit, the officer shall notify, in writing, the owner-occupant of the premises of such fact in order that said improvement is corrected in conformance with said conditional use permit (or removed from premises). The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to make the improvements in conformance with the conditional use permit and the time; not exceeding ten days, or solely in the case of notice by posting not exceeding 30 days, within which the improvements are to be made. If the notice is not complied with within the time specified, the enforcing official shall report that fact forthwith to the city council. Thereafter, the council may, after notice to the owner-occupant and an opportunity to be heard, provide for satisfying the conditional use permit requirements by the city. This notice shall be served in the same manner as notice by the enforcing official is served and shall be given at least ten days before the date stated in the notice when the council will consider the matter. If the notice is given by posting, at least 30 days shall elapse between the date of posting and the hearing.

(2)

Notwithstanding subsection (f)(1) of this section, in the event an official charged with enforcement of this section determines that an improvement presents an eminent danger or serious harm to the public health or safety, the enforcing officer shall serve written notice on the owner, occupant, or agent of the property owner to have such improvement corrected or removed within five days of the date of said notice. Upon expiration of the time stated in the notice, the city may correct or remove said improvement unless a written request for hearing before the city council has been filed with the enforcing officer within that time. Upon receipt of the request, the enforcing officer shall place the matter before the council at its next regularly scheduled city council meeting. The enforcing officer shall notify the property owner of the date, time and place of the meeting. All action by the city to correct or remove the improvement, once the written request for hearing has been served, shall be suspended until such hearing at which time the owner shall be provided with the opportunity to be heard. The city council shall have the authority to affirm, amend, or reject the decision of the enforcing officer.

(g)

Recovery or cost.

(1)

The owner of the premises on which a correction to a conditional use permit approved improvement has been requested by the city council shall be personally liable for the cost to the city of the city's corrective action, including administrative costs. As soon as the work has been completed and the cost determined, the city clerk or other official designated by the council shall prepare a bill or the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the office of the city clerk.

(2)

If the improvement in subsection (g)(1) of this section is a public health or safety hazard on private property, the city clerk shall, on or before September 1 next following corrective action, list the total unpaid charges for each action against each separate lot or parcel to which they are attributable under this section. The council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the county auditor and collection the following year along with the current taxes. Such assessment shall be payable in no more than ten equal annual installments, pursuant to Minn. Stats. § 429.01, subd. 2.

(Code 1977, § 13-104.14; Ord. No. 619, 1-9-2006)

(a)

Developers of any single- and/or two-family residential development that includes a sump lot shall submit a landscaping plan for such lot.

(b)

In order to achieve landscaping that is appropriate for sump lot enhancement, the following minimum standards shall apply to all R-1 and R-2 districts:

(1)

One tree shall be required for every 50 feet of site perimeter. A minimum of 30 percent of these trees required shall be coniferous;

(2)

One ornamental tree may be substituted for every six-tenths overstory deciduous shade tree. In no case, shall ornamental trees exceed 50 percent of the required number of trees; and

(3)

The following minimum standards shall be required:

(c)

A landscaping bond covering 100 percent of the landscaping cost shall be in place for two full growing seasons after initial planting to ensure healthy plant growth.

(d)

The entire pond area shall be seeded or planted with a city-approved alternative ground cover (i.e., wild flowers).

(Code 1977, § 13-104.15)

The regulation of off-street parking spaces in this chapter is to alleviate or prevent congestion of the public right-of-way, to allow for the orderly and adequate storage of vehicles on property and control the appearance and maintenance of parking areas and surfaces.

(Ord. No. 662, 9-22-2008)

Any property with new construction or a property with a proposed expansion, change in use, or the like must comply with the requirements of this chapter.

(Ord. No. 662, 9-22-2008)

(a)

[Provisions.] A minimum number of parking stalls have been established and must be provided on the lot where the principal use is located, except as provided under section 126-419.

(b)

Computing requirements. In computing the number of such parking spaces required, the following rules shall govern:

(1)

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(2)

For uses not specifically listed in this division and uses for which a specific number of spaces have not been defined or for shared parking facilities serving two or more different uses, the city shall determine, at its discretion, the number of spaces to be required, drawing upon standards established by other communities or national standards for comparable uses or some combination thereof.

(3)

Except as provided for under section 126-419, a structure containing two or more types of use shall be calculated separately for determining the total number of off-street parking spaces required.

(4)

Commercial uses containing drive-up facilities shall provide a stacking area for vehicles on the site. The city shall determine the minimum number of vehicle spaces per lane to be provided. The stacking lane shall be a minimum of 12 feet wide and shall be delineated so that the vehicles waiting in line will not interfere with the driving and parking facilities on site. Any pedestrian walkway that crosses a stacking lane must be marked.

(Ord. No. 662, 9-22-2008)

(a)

[Single-family dwelling units] Single-family dwellings are required to provide a minimum of 400 square feet of garage space.

(b)

Two-family dwellings, townhouses and condominiums. Each dwelling unit (attached or detached) must be constructed with a garage that is a minimum of 400 square feet in area.

(c)

Multiple-family dwelling units. A minimum of one-half of the number of required parking spaces must be enclosed within garages or an underground parking facility.

(Ord. No. 662, 9-22-2008)

(a)

For commercial and industrial uses, parking facilities may be shared by uses on separate lots.

(b)

Shared use of parking facilities by the following uses or activities under the following conditions may be approved:

(1)

For the purposes of this section, the following uses are considered as primarily daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses.

(2)

The following are to be considered as primarily night-time or Sunday uses: auditoriums incidental to a public or parochial school, churches, dance halls, theaters, bars or restaurants.

(3)

Up to 50 percent of the parking facilities required for a theater, dance hall, bar, or restaurant may be supplied by the off-street parking facilities provided by primarily daytime uses.

(4)

Up to 50 percent of the off-street parking facilities required for any use specified as primary daytime uses may be supplied by the parking facilities provided by primarily nighttime or Sunday uses.

(5)

Up to 100 percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by primarily daytime uses.

(6)

The following conditions are required for shared use:

a.

The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 600 feet of such parking facilities;

b.

The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and

c.

A cross-parking easement, executed by the parties concerned, for joint use of off-street parking facilities shall be recorded. A copy of the easement shall be filed with the zoning administrator.

(c)

Setback exception. Shared parking facilities or adjoining parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating two or more parking areas are not required to meet the parking area setback from the common lot line.

(Ord. No. 662, 9-22-2008)

(a)

[Provisions.] Any use which the city believes requires the provision of designated spaces for the loading, unloading or parking of trucks or semi-trailers shall provide such spaces and maneuvering area in the number and configuration deemed necessary in order to prevent interference with the use of the public right-of-way and with vehicles entering onto or exiting from the public right-of-way.

(b)

Size. Semi-trailer spaces shall be at least 55 feet in length, 12 feet in width and 15 feet in height. All loading areas shall consist of a maneuvering area in addition to the berth and shall not use any of the portions of the site containing parking stalls. Maneuvering areas shall be of such size as to permit the backing of truck tractors and coupled trailers into a berth, without blocking the use of other berths or drive or maneuvering areas.

(c)

Screening. All berths shall be screened from view from the property street frontage and/or from the zoning district boundary when the adjacent property or property across the street frontage or side street frontage is zoned or used for residential purposes. Said screening shall be accomplished by a buffer fence not less than six feet in height or by a planting buffer screen as established by section 126-389. Plans for such screening shall be submitted for approval as part of the required site plan, and installed as part of the initial construction.

(d)

Location.

(1)

All loading/unloading areas shall be off-street and located on the same lot as the building or use to be served.

(2)

All loading/unloading spaces shall be in the side or rear yards.

(3)

All loading/unloading curb cuts shall be located a minimum of 50 feet from the intersection of two or more street rights-of-way.

(Ord. No. 662, 9-22-2008)

(a)

[Access drives.] The number and width of access drives shall be so located as to minimize traffic congestion and abnormal traffic patterns. Driveways in R-4 or R-5 residential districts and all commercial and industrial districts shall not be closer than 50 feet from any right-of-way line of a street intersection. In R-1, R-2, and R-3 residential districts, the minimum distance shall be 20 feet.

(b)

[Parking areas.]All parking areas in R-5, commercial and industrial districts shall be designed in such a manner that no vehicle entering or leaving a parking space shall be required to back onto a public street.

(c)

Setbacks. Off-street parking facilities shall be subject to the front yard, side yard, and rear yard regulations for the use district in which the parking is located with the following exceptions:

(1)

In residential districts, no parking space or driveway shall be located within five feet of the side property line.

(d)

Design requirements. All new construction, expansion or modification of parking areas with more than four parking spaces must comply with the following:

(1)

[Provisions.] Each parking space and drive aisle must be unobstructed and must comply with the minimum standards included in the following table:

(2)

Screening. All parking areas containing four or more parking spaces shall be screened by a buffer fence of adequate design or a planting buffer screen. Plans of such screening shall be submitted for approval as part of the required site plan, and this screening shall be installed as a part of the initial construction. All screens shall conform to the standards established by section 126-389.

(e)

Driveway and Curb Cut Standards.

(1)

Single-family residential driveway width within the public right-of-way shall be a minimum of 12 feet and a maximum of 24 feet. For driveways accessing a three-car garage or greater, the driveway width may not exceed 30 feet within the right-of-way.

(2)

Commercial driveway width within the right-of-way shall be a minimum of 16 feet for a one-way entrance to a maximum of 28 feet for two-way traffic.

(3)

Residential lots with less than 160 feet of right-of-way frontage shall be limited to one driveway entrance. Residential lots with 160 feet or more of right-of-way frontage shall be limited to two-driveway entrances.

(4)

Commercial driveways shall be limited to one entrance from the minor side street of a corner lot and one entrance on the major street. One commercial driveway shall be permitted on a lot having less than 150 feet of frontage and shall accommodate two-way traffic and all turn around movements shall be accomplished within the commercial site.

(f)

Construction and maintenance.

(1)

In R-1, R-2, R-3, R-4 and R-5 residential districts and all commercial and industrial districts, off-street driving, loading and parking areas shall have a bituminous or concrete surface.

(2)

The surface material in a carport shall be similar to the material used to surface the driveway.

(3)

In R-5, commercial and industrial districts, parking stalls shall be marked with painted lines not less than four inches wide in accordance with the approved site plan.

(4)

All parking areas shall be so graded and drained as to dispose of all surface water accumulation through a surface water management system as approved by the city engineer.

(5)

Provision shall be made in the parking area for adequate snow storage or removal to ensure that the required number of parking spaces are available at all times during the year.

(6)

The owner or operator of the principal building or use shall maintain parking and loading areas and access drives in a reasonable manner.

(Ord. No. 662, 9-22-2008)

(a)

Definitions. For purposes of this section the following words shall have the meanings specified below:

Agricultural vehicles means any machinery used for the purposes of farming, dairying, agriculture pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry.

Driveway means a paved pathway upon a property and intended to provide vehicular access to and from a public street, private drive or alley.

Graveled means an area surfaced with not less than three inches of class 5 aggregate (as that term is defined in MNDOT standard specifications), or not less than three inches of drain field rock, pea rock, or decorative landscaping rock of any type commonly sold commercially. Notwithstanding the foregoing language, if the purported graveled area contains within its perimeter quantities of growing weeds, grass or other vegetation which are visible from the public right-of-way to which the graveled area is connected, then the surface shall be deemed to be lawn, and not included within this definition.

Guests means a visitor that does not stay more than seven consecutive days.

Outside means outside of an enclosed storage facility and visible from any other property.

Oversized vehicle means any motorized vehicle more than 9,000 pounds and up to 12,000 pounds gross vehicle weight, and/or more than eight feet and up to nine feet in height. Height is measured from the ground to the highest point on the vehicle. All accessories, attachments and materials carried on the vehicle, except antennas, are considered part of the vehicle.

Parking pad means a graveled or paved area upon a property located on a side or rear yard intended for parking a vehicle, recreational vehicle or recreational mobile structure.

Paved means an area surfaced with not less than two inches of bituminous material, or not less than three inches of concrete or brick/decorative block.

Recreational vehicle means and includes a motor home, all-terrain vehicle, tractor, snowmobile, marine craft, mobile home, trailer, or any similar vehicle not defined herein. Recreational vehicles parked on a single trailer shall be considered one recreational vehicle.

Vehicle or vehicles means any motor vehicle as defined in Minn. Stats. § 169.01, including, but not limited to, an automobile, truck, van, or motorcycle.

Vehicle, street-operable means a vehicle that is capable, at any given time, of engaging its ignition to successfully activate its engine, and to then be driven legally on the public streets and highways of the state.

(b)

R-A, R-1, R-1L and R-2 district parking requirements.

(1)

Parking of vehicles, recreational vehicles and agricultural vehicles shall be permitted as follows:

a.

Vehicles and recreational vehicles shall be permitted on front and street side yards on a driveway.

b.

Vehicles and recreational vehicles shall be permitted on side yards on a parking pad or driveway.

c.

Recreational vehicles shall be permitted on rear yards.

d.

Agricultural vehicles shall be permitted in the rear yard of R-A districts only.

e.

Parked vehicles shall be street-operable, registered and licensed to the occupants of the dwelling unit or, if not licensed, be registered to the occupant of the dwelling unit and stored in a garage.

f.

Guest vehicles may be parked if licensed and street-operable.

g.

Recreational vehicles parked on a property shall be owned by a person residing on the property and shall be required to be licensed only during the season they are used.

h.

Agricultural vehicles shall be permitted on an R-A property only and shall be owned by a person residing on the property and shall be required to be licensed.

i.

In residential districts, not more than one oversized vehicle may be parked or stored outside, unless being used in conjunction with a temporary service including, but not limited to, a construction or remodeling project benefiting the premises or general loading or unloading. All vehicles in excess of 12,000 pounds gross vehicle weight and/or nine feet in height are prohibited from being parked or stored outside in residential districts, unless being used in conjunction with a temporary service including, but not limited to, a construction or remodeling project benefiting the premises or general loading or unloading. This restriction shall not apply to recreational vehicles or for lots of five acres or more.

(2)

All existing parked vehicles not in compliance with the provisions of this section shall be brought into compliance, except those lots which did not have a paved driveway at the time of adoption of the ordinance from which this section is derived shall not be required to be paved.

(Ord. No. 662, 9-22-2008; Ord. No. 665, 11-10-08)