1.

No building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved, or structurally altered except in conformity with the regulations of this Chapter, or amendments thereto, for the district in which it is located.

2.

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per family, or other requirements of this Chapter are not maintained.

3.

No part of a yard or other open space required in connection with any building or structure for the purpose of complying with the provisions of this Chapter shall be included as a part of a yard or other open space similarly required for another building or structure.

4.

For the purpose of area regulations semi-detached (two-family) dwelling and double duplex or double flat (four-family) dwelling having a common party wall shall be considered as one building occupying one lot.

5.

Buildings on through lots may waive the requirements of a rear yard by furnishing an equivalent open space in lieu of such required rear yard.

The required rear yard of any building which opens into an alley or half street may consider half of such alley or street to be a portion of the yard for purposes of complying with the yard requirements of this Chapter.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except:

1.

The ordinary projection of sills, eaves, belt courses, cornices, and ornamental features may be permitted, but not to exceed more than six inches into a court, nor more than 24 inches in any required yard.

2.

No cornice shall project over the street line more than five percent of the width of such street, and shall in no case project more than four feet.

3.

Open or enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers may be permitted, but may not project into a yard more than five feet or court for more than 3½ feet, and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where the same are so placed as not to obstruct the light and ventilation.

The height limitations of this Chapter shall not apply to chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, storage towers, tanks, spires, church steeples, radio towers, or necessary mechanical apparatus, except as otherwise provided in the vicinity of airports.

In districts where the maximum height limitation is 35 feet public, semi-public or public service buildings, hospitals, institutions, churches and schools, when permitted in a district may be erected to a height not exceeding 70 feet, provided that all required yards are increased by one foot for each foot of building height above the height limit otherwise provided.

In any zoning district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each principal structure as though it were on an individual lot.

Every building hereafter erected or moved with the exception of non-residential agricultural related structures in A Agricultural zoned districts, shall be on a lot adjacent to a public street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

Notwithstanding other provisions of this Ordinance, all dwellings hereafter erected, enlarged, or reconstructed in A Agricultural or R Residential District shall be located upon lots containing the following areas:

1.

Every lot not served with a public sanitary sewer shall have a lot area of not less than one acre and a lot width of not less than 140 feet.

2.

Every lot not served with a public water system shall have an area of not less than one-half acres and a lot width of not less than 140 feet.

3.

Every lot not served with either a public sanitary sewer or water system shall have an area of not less than 2½ acres and a lot width of not less than 250 feet, and the structure shall be located to permit later subdivision into usable residential lots of the minimum size permitted in the district.

Temporary structures incidental to construction work, but only for the period of such work, are permitted in all districts; however, basements and cellars shall not be occupied for residential purposes until the building is completed.

Caretaker's quarters are permitted in all districts, if included in the principal structure, providing said use is incidental to the principal use.

510.1

Parking and Storage of Certain Vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any Residential District other than in completely enclosed buildings.

510.2

Minimum Off-Street Parking and Loading Requirements. Off-street motor vehicle parking and loading space shall be provided on any lot on which any of the indicated structures and uses are hereafter established. Such space as defined in Section 303.01 of this Ordinance shall be provided with vehicular access to a street or an alley. A required loading space shall include a ten-foot by 50-foot space with a minimum of 14 feet of height clearance. The loading space shall be so located as to avoid undue interference with public use of streets, alleys and walkways. Minimum off-street parking and loading requirements, which shall be applicable in all zoning districts to the structures and uses indicated, shall be set forth in the Schedule of Minimum Off-Street Parking and Loading Requirements, hereby adopted by reference and declared to be a part of this Ordinance. If minimum off-street parking required in said schedule cannot be reasonably provided on the same lot on which the principal structure or use is conducted in the opinion of the Planning Commission (City Council), they may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the entrance to such principal structure or use.

SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS

A.

Outdoor storage container means a cargo container, railroad car, or other similar structure designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities and/or was originally designed for or capable of being mounted or moved by rail, truck, or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.

B.

Outdoor storage containers will be a permitted accessory use in all zoning districts, provided the following conditions are met:

1.

Storage containers are subject to a conditional use permit valid for no more than six months. Conditional use permits and any subsequent renewals are subject to Planning and Zoning Board review and City Council approval. Storage containers must be removed no later than five working days after the permit's expiration.

2.

Outdoor storage containers are a permitted accessory use in all zoning districts.

3.

No more than two storage containers will be allowed at a single parcel.

4.

Storage containers will only be authorized in the following locations:

(a)

It is the City's preference that storage containers be located in the rear 50 percent of the site.

(b)

Containers shall not be located in any wetland or drainage area.

(c)

Containers shall not encroach upon spaces necessary to satisfy the minimum parking requirement, nor shall they block, impede, or divert traffic in or access to emergency, snow removal, circulation, and fire lanes.

(d)

Containers must be located at least five feet from all permanent structures.

(e)

Containers cannot be located within the City right of way or on any other public property.

(f)

Containers shall not be located in the street or alleyway.

(g)

Licensed and bonded contractors may use cargo containers for the temporary location of an office, equipment, and/or materials storage structure during construction which is taking place on the property where the cargo container is located, if the use of the cargo container is authorized pursuant to a building permit.

(h)

The City may prescribe any other conditions, safeguards, or other necessary requirements as it deems appropriate for the use of outdoor storage containers.

5.

Storage containers must meet the following appearance conditions:

(a)

The exterior of the storage container shall be kept free of rust, holes, dents, or other corrosion.

(b)

The area around the storage container shall be free of tall grasses, weeds, and other debris.

(c)

The storage container shall be placed on a graded surface and not upon a foundation or wheels.

(d)

The storage container shall be made of metal or other stable, durable, and acceptable material.

(e)

The storage container shall not include a foundation, electricity, plumbing, or other mechanical systems as part of its assembly or use.

(f)

The storage container shall be no more than 8 feet in height, nor more than 40 feet in length.

(g)

One storage container cannot be stacked vertically on top of another.

6.

Prohibited Uses:

(a)

An outdoor storage container cannot be used as a place of business or residence, unless the structure complies with building code requirements and the contractor has obtained a building permit from the City of Dakota City.

(b)

A container shall not house, store, or contain goods, products, or materials other than those that are accessory and essential to daily on-site use and operation of the principal building or business requesting the conditional use permit.

C.

Notwithstanding the provisions set forth in subsection B of this Section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties the primary use of which are residential, is permitted for the limited purpose of loading and unloading household contents for a period of time not exceeding 30 days in any one calendar year.

(Ord. No. 959, § 1, 10-3-2019)