This ordinance shall be known as the Zoning Ordinance of Deer River and is referred to herein as "this ordinance".

(1)

Scope. From and after the effective date of this ordinance, the use of all land and every building and the erection or structural alteration of any building or portion of a building in the city shall be in conformity with the provisions of this ordinance. Any structure or use lawfully existing at the passage of this ordinance but not in conformity with the regulations of the appropriate zoning district may be continued subject to the regulations of section 5.211.

(2)

Interpretation. The provisions of this ordinance shall be interpreted as the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare. Where the provisions of this ordinance impose greater restrictions than those of any statute, other ordinance or regulation, this ordinance shall apply. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, such restrictions shall apply.

(1)

Rules. For the purpose of this ordinance, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not discretionary.

(2)

Definitions. For the purpose of this ordinance, certain words are defined as follows:

Alley means a public or private right-of-way less than 30 feet in width which affords secondary means of access to abutting property.

Apartment means a room or suite of rooms designed for, intended for, or used as a residence for one family or individual and equipped with cooking facilities.

Apartment building means three or more dwelling units grouped in one building.

Block means a tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage or boundary line of the corporate limits of the city.

Boarding house means any dwelling other than a hotel or motel where meals or lodging and meals for compensation are provided for five or more persons pursuant to previous arrangements.

Building means any structure for the shelter, support or enclosure of persons, animals, chattel, or property of any kinds; and when separated by bearing walls without openings, each portion of such building so separated shall be deemed a separate building.

Building, accessory means a subordinate building, the use of which is incidental to that of the principal building on the same lot.

Building height means the vertical distance from the average of the lowest and the highest point of that portion of the lot covered by the building to the highest point of the roof, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

Dwelling, mobile home means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, 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 other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.

Dwelling, multiple family means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single family means a detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.

Dwelling, two-family means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Family means any number of individuals living together on the premises as a single non-profit housekeeping unit (except for necessary servants) as distinguished form a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.

Floor area means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, including basements and attached accessory buildings.

Garage, private means an accessory building for storage of self-propelled vehicles and tools and equipment maintained as incidental to the principal use of the premises.

Garage, public means any premises except those defined as a private garage used for the storage or care of self-propelled vehicles and/or where any such vehicles are equipped for operation, repair, or are kept for remuneration, hire, or sale.

Home occupation means any use customarily conducted entirely within a dwelling and carried on by members of a family residing therein, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof. Clinics, hospitals, barber shops, mortuaries, beauty parlors, motor vehicle repairing for hire, welding, animal hospitals and the maintenance of animals, except as provided in section 2.205(2)—(7), shall not be deemed to be home occupations.

Hotel means any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms, with no cooking facilities in individual dwelling units.

Junk yard means land or buildings where waste, discarded, or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including but not limited to scrap metal, rags, paper, rubber products, glass products, lumber products, and products resulting from the wrecking of automobiles or other machinery.

Loading area means any area where trucks are parked, maneuvered, or loaded or unloaded of materials or equipment.

Lot means one unit of a recorded plat or subdivision, which unit has frontage on a public street and is occupied, or to be occupied, by a building and its accessory buildings and including as a minimum, such open spaces as are required under this ordinance.

Lot area means the land area within the lot lines.

Lot, corner means a lot situated at the intersection of two or more streets.

Lot coverage means the total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures.

Lot depth means the average distance between the front and rear lot line (the greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width).

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

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

Lot width means the horizontal straight line distance between the side lot lines at the setback line.

Manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is 12 body feet or more in width (minimum 24 feet wide) or when erected on site is 800 or more square feet, and which is built on a permanent chassis and designated to be used as a dwelling with or without a permanent foundations when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Mobile home means any type of transportable structure or vehicle not drawn by its own power with permanently attached undercarriage and wheels which is designed, constructed and equipped for use as a single family dwelling place, living abode or living quarters, suitable for occupancy during the entire year which contains the same water supply, waste disposal and electrical conveniences as immobile housing including mobile homes as defined in Minn. Stat. § 327.14, subd. 2.

Mobile home park means a parcel of land meeting minimum ordinance requirements, which has been specifically planned and improved for the placement by pad or rental, of five or more mobile homes and which has been duly licensed by the state.

Nonconforming use means a use lawfully in existence on the effective date of this ordinance and not conforming to the regulations for the district in which it is situated, except that such a use is not nonconforming if it would be authorized under a conditional use permit where located.

Persons means any individual, firm partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee, or similar representative thereof.

Premises means a lot or plot with the required front, side and rear yards for a dwelling or other use as allowed under this ordinance.

Setback means the shortest horizontal distance between the lot line and the foundation wall of a building or the allowable building line as defined by the yard regulations of this ordinance.

Sign means a name, identification, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public and which directs attention to a product, place, activity, purpose, institution or business.

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

Sign, business means a sign which directs attention to a business or profession or a commodity, service, or entertainment sold or offered upon the premises where such a sign is located.

Sign, flashing means any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.

Sign, illuminated means any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as part of the sign.

Sign, nameplate means any sign which states the name or address or both of the business or occupant of the lot where the sign is placed.

Sign, rotating means a sign which revolves or rotates on its axis by mechanical means.

Sign, surface area of means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-face of V-type sign structure shall be used in computing total surface area.

Story means that portion of the building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.

Story, half means a story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

Street line means the right-of-way line of a street.

Structural alteration means any change or addition to the supporting members of a building such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.

Subdivision means a described tract of land which is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than two and one-half acres in area and 150 feet in width, for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land. The term includes resubdivision, and, where it is appropriate to the context, relates either to the process of subdivision or to the land subdivided.

Use means the purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.

Use, accessory means a use clearly incidental or accessory to the principal use of a lot or building located on the same lot as the accessory use.

Variance means a modification or variation of the provisions of this ordinance, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance.

Yard means a space in the same lot with a building open and unobstructed from the ground to the sky, except for fences five feet or less in height, and trees and shrubs.

Yard, front means a yard extending across the front of the lot between the side yard lines and lying between the centerline of the road or highway and the nearest line of the building.

Yard, rear means an open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot.

Yard, side means an open, unoccupied space on the lot with a building between the building and the side line of the lot.

(1)

Establishment of districts. For the purpose of this ordinance, the city is divided into the following districts:

R Residence District

C-1 Central Business District

C-2 Service Commercial-Industrial District

P-1 Public Recreation and Forest Reserve District

(2)

Zoning map. The boundaries between districts are, unless otherwise indicated, either the center lines of streets, or alleys, or such lines extended or lines parallel or perpendicular thereto. Where figures are shown on the zoning map between a street and a district boundary line they indicate the district boundary line runs parallel to the street at a distance therefrom equivalent to the number of feet stated unless otherwise indicated.

(1)

Purpose. The R residence district, is intended to provide areas suitable for location of single family homes as well as apartment buildings, townhouses, and generally, medium density residential uses that will ensure a wholesome living environment and which effectively relate to the comprehensive plan for community development. The R district shall be separated as follows:

(a)

R-1 residence district: all land zoned residential north of Highway 2, in which the minimum required lot width shall be 75 feet.

(b)

R-2 residence district: all land zoned residential south of Highway 2, in which the minimum required lot width is 50 feet.

(2)

Permitted principal uses. Within an R district, unless otherwise permitted by this ordinance, no uses are permitted except the following:

(a)

One- and two-family detached dwellings provided they have a minimum width of 24 feet.

(b)

Apartment buildings and multiple dwelling structures housing from three to 12 units.

(c)

Attached housing and townhouse development.

(d)

Parks and recreational areas owned or operated by governmental agencies.

(e)

Public elementary or high schools, or private schools with an equivalent curriculum.

(f)

Churches, hospitals, nursing homes and convalescent homes or housing for the elderly, provided that no building shall be located within 50 feet of an abutting single family lot boundary within any residence district, unless a lesser setback is granted by a conditional use permit.

(g)

Boarding houses or rental of rooms from three to 12 persons on a premises.

(h)

Clubs, lodges, or fraternal organizational centers, non-profit only, provided that no business activity carried on as a service to the public shall be permitted.

(3)

Permitted accessory uses. The following shall be permitted accessory uses within an R district:

(a)

Home occupations including offices of professional persons when such use does not exceed one-third of the main floor space of a dwelling, is conducted only in the principal dwelling, and does not employ any persons not residing on the premises.

(b)

Storage garages and private recreational facilities for the use and convenience of residents of the principal use.

(c)

Shops, restaurants, offices, club or lodge rooms and nursing care facilities when attached to the principal use and designed for the use and convenience of the occupants only. Accessory uses of this nature may be permitted in multiple resident structures provided that no advertising or display relative thereto is visible from the outside of the building. No more than ten percent of the gross floor area of the principal use may be devoted to this type of accessory use.

(d)

Off-street parking and loading as regulated by section 5.210(12), General regulations.

(e)

Parking of one commercial motor vehicle of not over 26-foot length used by the resident occupant, and parking of passenger cars, but - not including the storage of vehicles which are inoperable or for sale or rent.

(f)

Signs as regulated by section 5.210(11), General regulations.

(g)

Accessory use customarily incidental to the uses listed in subsections (2) and (4) of this section.

(4)

Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in section 5.212:

(a)

Multiple dwelling structures containing more than 12 units.

(b)

Retail, office and personal service establishments of an essential or "convenience" nature.

(c)

Mobile home park developments, subject to regulations as established in section 5.210(12), and General regulations: mobile home park requirements.

(d)

Offices for administrative executive, professional or research organizations having only limited contact with the general public provided that no merchandise or merchandising services are sold on the premises except such as are incidental or accessory to the principal use.

(e)

Municipal administration buildings and structures, police and fire stations, public service establishments (non-profit) and essential public utility and service structures.

(f)

Mortuaries or undertaking establishments.

(g)

Uses of a similar nature to those listed in subsection (2) of this section, and which are in keeping with the nature and purpose of an R district.

(5)

Height, yard setbacks and lot area and coverage requirements. The height, yard setbacks and lot area and coverage requirements shall be as stated in section, district provisions and dimensional requirements.

(6)

General regulations. Additional regulations applicable to the R district are set forth in section 5.210, General regulations.

(7)

Special district regulations. In any residential district, no new construction, reconstruction or structural moving or alteration shall be permitted, nor shall any building permit or certificate of zoning compliance be issued unless the same is determined to be consistent with the character and purpose of the district and neighborhood in which it occurs. Such determination shall be initially made by the zoning administrator and, in cases of structural and design incompatibility with surrounding uses, permits shall be denied subject to appeal to the board of adjustment following the procedures specified in this ordinance.

(8)

Mobile and manufactured housing.

(a)

The city authorizes the placement of manufactured homes in the R-1 and R-2 residence districts within the city if such manufactured homes comply with the following provisions:

1.

Such housing shall comply with all zoning regulations for the zone in which they are located.

2.

A building permit and any other required permits shall be obtained for such housing in accordance with section 5.214 of this ordinance.

3.

No such house shall have ground floor space of less than 800 square feet or a width of less than 24 feet at its narrowest point.

4.

All mobile homes or manufactured homes in the city shall be constructed with a crawl space of at least two and one-half feet high with direct access for city employees to sewer and water connections within six feet of the connection.

5.

All sewer and water connections for any such house shall be protected from freezing by all-weather insulation.

6.

Any such house shall have exterior siding extending from within six inches of the dirt or two inches of concrete which siding shall be of a conventional exterior dwelling-type material.

7.

All such houses shall be built in conformance with Minn. Stat. §§ 326.31—326.35.

(b)

Variances. Shall be governed by the terms and conditions set forth in section 5.215 of this zoning ordinance.

(c)

Exemptions. This ordinance shall have no application to mobile or manufactured homes placed in a mobile home park which is licensed and operated in accordance with Minn. Stat. § 326.14 et seq.

(d)

Restrictive covenants. Nothing in this ordinance shall prevent the regulation of uses of property by means of restrictive covenants which are valid except for this ordinance.

(e)

Nonconforming uses. Nonconforming mobile or manufactured housing existing as of the date of this ordinance shall be permitted to remain in the city. No mobile or manufactured home which does not conform to this ordinance may replace an existing nonconforming use in the event of the destruction or removal of the existing nonconforming use.

(1)

Purpose. The C-1 central business district is designed to provide a compact shopping area for the location of offices and retail stores necessary for servicing the community and surrounding areas; which is closely aligned with the approved comprehensive plan for the city; and which maintains a mutually compatible relationship with the various types of uses.

(2)

Permitted principal uses.

(a)

Within a C-1 district, unless otherwise provided by this ordinance, no uses are permitted except for the following:

1.

Amusement and recreation establishments such as indoor theaters, swimming pools, skating rinks, billiard halls, bowling alleys and similar commercial recreation facilities.

2.

Antique shops.

3.

Automobile dealers, enclosed showrooms only.

4.

Appliance stores.

5.

Art and school supply.

6.

Art studios, art galleries, sales and supplies.

7.

Bakeries, provided the room or rooms containing the preparation and baking process shall not have a gross floor area in excess of 2,400 square feet.

8.

Banking, savings institutions.

9.

Barber shops.

10.

Beauty parlors.

11.

Bookkeeping or auditing establishments.

12.

Book and stationery stores.

13.

Camera and photo stores.

14.

Candy and ice cream stores.

15.

Carpet and rug stores.

16.

Clinics, for treatment of animals, excluding training runs, stables or kennels.

17.

Clothes pressing and tailoring shops.

18.

Clothing stores.

19.

Club and lodge halls.

20.

Decorating studios.

21.

Department stores.

22.

Drug stores.

23.

Dry cleaning and laundry receiving and pick-up stations, laundering and dry cleaning processing, self-service laundromats.

24.

Dry goods or notions stores.

25.

Electrical appliance sales and service.

26.

Florist shops.

27.

Food, grocery, meat, fish, bakery and delicatessen stores.

28.

Furniture stores.

29.

Gift shops.

30.

Grocery, fruit, vegetable or meat store.

31.

Hardware stores.

32.

Hobby and toy stores.

33.

Jewelry stores.

34.

Library.

35.

Liquor stores or taverns.

36.

Loan office and finance company.

37.

Locksmith shops.

38.

Medical and dental clinics.

39.

Marina or boat sales and display; trailer sales. Enclosed structures only.

40.

Motels and hotels.

41.

Newsstands and tobacco shops.

42.

Offices, professional.

43.

Optical stores.

44.

Paint and wallpaper stores.

45.

Parking and garages other than those accessory to a principal use for the parking and storage of private passenger automobiles only.

46.

Pet shops.

47.

Phonographs, record and sheet music stores.

48.

Photography studios.

49.

Physical culture and health services, reducing salons and masseurs.

50.

Public parks and recreation areas and structures.

51.

Post offices.

52.

Plumbing sales stores.

53.

Public safety and utility buildings and structures, community centers.

54.

Radio and television sales and repair stores.

55.

Restaurants, excluding drive-ins.

56.

Schools: music, business and vocational.

57.

Sewing machine sales and service shops.

58.

Shoe and hat sales and repair shops.

59.

Sporting goods stores.

60.

Souvenir and rock shops.

61.

Stock and brokerage firms.

62.

Tourist information center.

63.

Telephone and telegraph offices, telephone booths.

64.

Theater excluding drive-in.

65.

Ticket agencies.

66.

Travel bureaus and transportation ticket offices.

67.

Variety, gift, notion and soft good stores.

68.

Vending machines which are coin or card operated, only when incorporated into a structure.

(3)

Permitted accessory uses. The following uses shall be permitted accessory uses in the C-1 central business district:

(a)

Accessory uses customarily incidental to the uses listed in subsections (2) and (4) of this section.

(b)

Off-street parking and loading as regulated by section 5.210(12).

(c)

Signs as regulated by section 5.210(11), General regulations.

(4)

Uses by conditional use permit. Buildings and land may be used for the following if granted a conditional use permit as provided in section 5.212:

(a)

Any business activity of the same general character as those listed in subsection (2).

(b)

"Drive-in" restaurant facilities provided sufficient off-street parking is provided, lighting and any resultant glare shall be directed away from residential districts, and the surface of the parking area shall be of a dust-free and well drained covering.

(c)

Dwelling units only where accessory and attached to a principal use as listed in subsection (2) of this section.

(5)

Height, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirements shall be those stated in section 5.29, District provisions and dimensional requirements.

(6)

Additional regulations.

(a)

Lighting (glare) shall be directed away from public rights-of-way and residential districts.

(b)

An awning, canopy, or marquee suspended from a building may extend over the public right-of-way ten feet but not to within two feet of the curb line. Such structures shall be of a height not less than eight feet from the sidewalk or ground grade line, and the owner of such structure shall be responsible for its structural safety.

(c)

All uses within the C-1 district shall be subject to the performance standards as stated in section 5.207(6), and performance standards in the C-2 district.

(d)

It is prohibited to operate a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.

Business means as defined by Minn. Stat. § 342.13, subd. (c).

Cannabis business means any of the following:

1.

Cannabis microbusiness.

2.

Cannabis mezzobusiness.

3.

Cannabis cultivator.

4.

Cannabis manufacture.

5.

Cannabis retailer.

6.

Cannabis wholesaler.

7.

Cannabis transporter.

8.

Cannabis testing facility.

9.

Cannabis event organizer.

10.

Cannabis delivery service.

11.

Medical cannabis cultivator.

12.

Medical cannabis processor.

13.

Medical cannabis retailer.

14.

Medical cannabis combination business.

(7)

General regulations. Additional regulations applicable to the C-1 district are set forth in section 5.210, General regulations.

(Res. No. 2023-16, 9-12-2023)

(1)

Purposes. The C-2 service commercial-industrial district is intended to provide areas suitable for the location of commercial enterprises and light manufacturing and warehousing activities which require special traffic access considerations due to the nature of the use. It is the intent of this district to guide the development of these uses in a manner which will be beneficial to both the residents and the land use growth pattern of the city. A map of the city, with the assistance of the zoning administrator, should be referenced for the locations of these areas.

(2)

Permitted principal uses. Within a C-2 district, unless otherwise provided by this ordinance, no uses are permitted except for the following:

(a)

Automobile dealers, new and used car lots, boat, trailer and mobile home display lots and structures.

(b)

Enclosed warehousing and storage structures.

(c)

Motels and automobile trailer courts (overnight or temporary stay only).

(d)

Commercial retail and service establishments, stables and clinics.

(e)

Light manufacturing and processing operations, including timber operations.

(f)

Wholesaling and distributing operations.

(g)

Service stations and repair garages for motor vehicles.

(h)

Taverns and restaurants, to include drive-in type facilities.

(i)

Fuel and ice dealers, including bulk sales, storage and distribution.

(j)

Truck and machinery sales and service.

(k)

Laundry and dry cleaning processing centers, laundromats.

(l)

Municipal service and utility buildings to include water and sewage treatment plants, transformer and relay stations, highway department vehicle and equipment garages and the like.

(m)

Blacksmith shops.

(n)

Drive-in movie theater.

(3)

Permitted accessory uses. The following uses shall be permitted accessory uses within a C-2 district:

(a)

Uses customarily incidental to the uses listed in subsections (2) and (4) of this section.

(b)

Off-street parking and loading as regulated in section 5.210(12), General regulations.

(c)

Signs as regulated in section 5.210(11), General regulations.

(4)

Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in section 5.212.

(a)

Any commercial or light industrial use of the same general character as those listed in subsection (2) of this section.

(b)

Single and multiple family dwellings as regulated in section 5.25, R residence district.

(c)

Municipal sanitation and dump ground facilities where screening and buffering is provided.

(d)

Extracting, processing or storage of sand, gravel, stone or other raw material subject also to the following special provisions and limitations.

1.

Removal of soil, sand or other materials.

a.

Temporary excavation district. The use of land for the major removal of topsoil, sand or gravel, and other material from the land is not permitted in any zone except by the granting of a temporary excavation permit by the city council upon favorable recommendation by the city planning commission. Permits shall be issued for a maximum period of one year and shall be subject to review and rehearing at that time.

b.

Future use of the land. The persons who apply for a temporary excavation permit must submit a plan of intent as to the future use of the property being excavated as well as the development plans showing proposed elevations, drainage, access routes to be used in hauling to and/or from the site and daily hours intended for the operation as well as projected period of excavation.

c.

Safety precautions. If during the excavation work, it becomes necessary for the person excavating to create a condition of grade or drainage not in the interest of health or safety, it shall become that person's duty to correct, immediately, the dangerous situation created, as well as fence such area from the general public during the period of danger.

d.

Bonding. It shall be necessary for the person securing a temporary excavation permit to present adequate proof of bonding to the city in the form of a performance bond, sufficient in value to cover the expense of the completion of the development plan or to bring such portion of the completed project to a safe grade and elevation so as to be healthful and safe to the general public and to provide safe and adequate drainage of the site.

(e)

No junk yard permitted.

(5)

Height, yard setback and lot coverage requirements. The height, yard setbacks and lot coverage requirements for the C-2 district shall be those stated in section 5.209, District provisions and dimensional requirements.

In order to ensure compliance with the performance standards set forth below, the city council may require the owner or operator of any permitted use to have made such investigations or tests as may be required to show adherence to the performance standards. Such investigation or tests as are required shall be carried out by an independent testing organization selected by the city. Such investigations or testing shall be ordered by the owner or operator. The cost of same shall be shared equally by the owner or operator and the city, unless the investigation or tests disclose noncompliance with the performance standards, in which situation the entire cost shall be paid by the owner or operator.

(a)

Noise. At any property line the sound pressure level of noise radiated from an industrial operation shall not exceed the values given in table 1 herein. The sound pressure level shall be measured with a sound level meter and an associated octave band analyzer, both of which are manufactured to specifications published by the American Standard Specifications for an Octave Bank Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York. Measurements shall be made using the flat network of the sound level meter.

(b)

Odors. No odors shall be detectable beyond the limits of the property.

(c)

Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining property. Glare, whether direct or reflected, such as from floodlights, spotlights, or high-temperature processing, and as differentiated from general illumination, shall not be visible beyond the limits of the property.

(d)

Vibration. No vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three or more minutes during any hour.

(e)

Smoke. The Ringelman Smoke Chart, published by the United State Bureau of Mines, shall be used for measuring smoke at the point of emission. Smoke not darker or more opaque than No. 4 on said chart may be emitted, except that smoke darker or more opaque than No. 2 on said chart may not be emitted for periods longer than four minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but an equivalent apparent opacity.

(f)

Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurements of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air.

(g)

Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards — Maximum Allowable Concentration for eight-hour day, five days per week), Table III (Odor Thresholds), Table IV, (Exposure to Substances Causing Pain in the Eyes), and Table I Exposure to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, "Physiological Effects", that contains such tables, in the "Air Pollution Abatement Manual", by the Manufacturing Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.

(h)

Sewer and water. The design and construction of water supply facilities and treatment of all industrial sewage and waste shall comply with the city and state health standards and requirements.

(7)

Regulations on screening, landscaping, lighting, storage and outdoor displays.

(a)

Screening. All principal and accessory uses, except business signs, which are situated within 50 feet of a residential district, shall be screened from such district by a wall or fence of not less than 90 percent opacity and not less than five nor more than seven feet in height above the level of the residential district property at the district boundary. 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 ordinance would interfere with the provisions of adequate amounts of light and air to same said properties. Loading docks in the commercial-industrial district shall be screened so as not be visible from any public street right-of-way within a residential district. 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.

(b)

Landscaping. All exposed ground areas surrounding or within a principal or accessory use including street boulevards, which are not devoted to drives, sidewalks, patios, or other such uses shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies or merchandise.

(c)

Lighting. All sources of artificial light situated in a commercial-industrial district site shall be so fixed, directed, designed or sized that the sum total of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 foot candle in or within 25 feet of a dwelling nor more than 0.5 foot candle on any other part of the property. "Glare" whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.

(d)

Storage-displays. All materials, supplies, merchandise or other similar matter not on display for a direct sale, rental or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the commercial-industrial district, or within the confines of a 100 percent opaque wall or fence not less than five feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the commercial-industrial district, but the area occupied by such outdoor display shall not constitute a greater number of square feet than ten percent of the ground floor area of the building housing the principal use, unless such merchandise is of a type customarily displayed outdoors such as garden supplies. No storage of any type shall be permitted within the one-half of the required front or side street setback nearest the street.

(8)

Requirements for vehicular and pedestrian circulation.

(a)

Traffic and circulation. All commercial buildings or structures and their accessory uses shall be accessible to and from nearby public streets and sidewalks by driveways and walkways surfaced with a hard, all-weather, durable, dust-free material and properly drained.

Vehicular traffic generated by a commercial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the city engineer who may require such additional measures for traffic control as he may deem necessary, including but not limited to the following: directional, channelization, standby turn lanes, illumination, and storage area and distribution facilities within the commercial site to prevent back-up of vehicles on public streets.

(b)

No area used by motor vehicles other than driveways serving as ingress and egress to the commercial site shall be located within the public street right-of-way.

(c)

All driveways to or from public streets shall be subject to the following restrictions:

Driveway widths (measurement between roadway edges):

Minimum driveway angle to street: 30 degrees with street is one-way or divided, otherwise 60 degrees.

Minimum distance between driveways: 20 feet, between roadway edges measured along street curb line.

Minimum distance of driveway from street intersections (measured along street curb line between nearest driveway edge and intersecting street curb line):

*Note: Minimum distance to be the same as that specified for approaching left turns are permitted into or out of driveway.

(9)

General regulations. Additional regulations applicable to the C-2 district are set forth in section 5.210 of this ordinance.

(1)

Purpose. The P-1 public recreation and forest reserve district is intended to recognize and protect those areas within the municipality which are best suited for active and passive recreation and which will effectively contribute to the development and community growth pattern as proposed in the comprehensive land use plan.

(2)

Permitted principal uses. Within a P-1 district, unless otherwise provided by this ordinance, no uses are permitted except for the following:

(a)

Public parks and playgrounds owned or operated by government agencies.

(b)

Undeveloped forest reserves - passive recreation only.

(c)

Public swimming pool.

(d)

Public shoreline frontage, landing docks, harbor.

(e)

Public trail areas.

(f)

Community recreation center.

(g)

Public tennis courts, archery ranges and similar facilities not operated for commercial purposes.

(3)

Permitted accessory uses. The following uses shall be permitted accessory uses within a P-1 district.

(a)

Uses customarily incidental to the uses listed in subsections (2) and (4) of this section.

(b)

Off-street parking as regulated in section 5.210(12), General regulations.

(c)

Signs as regulated in section 5.210(12), General regulations.

(4)

Uses by conditional use permit. Buildings or land may be used for the following if granted a conditional use permit as provided in section 5.212:

(a)

Public utility and service buildings and structures of an essential nature, except those normally considered industrial in use.

(b)

Uses of the same general character as those listed in subsection (2) of this section.

(e)

Height, yard setbacks and lot coverage requirements. The height, yard setbacks and lot coverage requirements for the P-1 district shall be those stated in section 5.209, District provisions and dimensional requirements. Copies available.

(f)

General regulations. Additional regulations applicable in the P-1 district are set forth in section 5.210, General regulations.

N/A = Not Applicable
SF = Single Family
TF = Two Family
MF = Multiple Family
ROW = Right-of-way

(1)

Scope of regulations.

(a)

Except as may otherwise be provided in section 5.211, Nonconforming structures and uses, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of additional to existing uses occurring hereafter shall be subject to all regulations of this ordinance which are applicable to the zoning district in which such buildings, uses or land shall be located.

(b)

No application for a building permit or other permit or license, or for a certificate of zoning compliance shall be approved by the zoning enforcement officer and no permit or license shall be issued by any other city department which would authorize the use or change its use of any land or building contrary to the provisions of this ordinance which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(c)

Area regulations. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations as hereinafter provided, nor shall the area of any lot be reduced below the minimum requirement herein established.

(2)

Erection of more than one principal structure on a lot. In any 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 structure as though it were on an individual lot, and provided that there must be a minimum of 9,000 square feet of lot area for each principal structure.

(3)

Accessory buildings.

(a)

In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building.

(b)

A detached accessory building shall not be located in any required front yard, except where such front yard lies between the building line and the shoreline in which case such arrangement may be permitted.

(c)

A detached accessory building not over one story and not exceeding 12 feet in height shall occupy not more than 30 percent of the area of any side or rear yard, providing further that no detached accessory building shall be placed nearer than two and one-half feet from any side or real lot line, except that a two-stall garage may be used jointly and solely by the families living on two adjacent lots and may be built so as to place one stall on each side or rear lot line, provided that the two stalls are separated by a fire wall.

(4)

Height regulations.

(a)

Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.

(b)

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

(5)

Yard regulations. The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance. Measurements shall be taken from the nearest point of the wall of a building to the lot line question, subject to the following qualifications:

(a)

Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed except for the ordinary projections of window wells above the bottom of such yard or court and except for the projections of sills, belt courses, cornices and ornamental features not to exceed 18 inches.

(b)

Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than two feet or into a court not more than three and one-half feet shall be permitted, where the same are to be so placed as not to obstruct light and ventilation.

(c)

A yard, court, or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall not again be used as a yard, court, or other open space for another building.

(d)

The setback requirements shall be observed on each street side of a corner lot; provided, however, that the buildable width of a lot shall not be reduced to less than 30 feet.

(e)

A total setback requirement of 300 feet shall be mandatory for all land uses handling highly explosive or inflammable materials in quantity, such as gas service stations, bulk fuel or oil dealers and similar operations, from all schools, churches, hospitals, or any public meeting place having a seating capacity of 50 of more persons.

(f)

Yards for open land uses. Where a lot is to be occupied for permitted uses without buildings or structures thereon, the side yards and front yards required herein for the zone within which such lot is located, shall be provided and maintained between such use and the respective lot lines; provided that side and rear yards shall not be required on lots without buildings or structures, used for garden purposes or public playgrounds.

(g)

Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:

1.

In front yards: One story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting two and one-half feet or less into the yard.

a.

A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than three feet may be placed around such a place.

b.

The required front yard of a corner lot shall not contain any 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.

c.

On double frontage lots, the required front yard shall be provided on both streets.

d.

Air conditioning units, excluding window units, shall be located a minimum of 20 feet from all lot lines, but not within the front yard.

2.

In side yards: Overhanging eaves and gutters projecting into the yard for a distance of two inches per foot of required side yard.

3.

In rear yards: Enclosed, attached, or detached off-street parking spaces; open off-street parking spaces; accessory structures, tool rooms, and similar buildings or structures for domestic storage; balconies, breezeways, and open porches; one story bay windows projecting two and one-half feet or less into the yard; and overhanging eaves and gutters projecting two and one-half feet or less into the yard.

4.

In determining the depth of rear yard for any building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding ten feet, may be considered as a portion of the rear yard.

(6)

Fences—Vision clearance.

(a)

Purpose. The purpose of this fence ordinance shall be to provide for the regulation of fences in the city, to prevent fences, walls, or hedges from being erected that would be a hazard to the public or an unreasonable interference with the use and enjoyment of neighboring property, and ensure the fences are compatible with existing uses and other zoning restrictions.

(b)

Building permit required. Prior to the installation of a fence, a building permit shall be obtained from the city. The cost of the permit shall be as stated in the Deer River Ordinance Fee Schedule.

(c)

Property line setback. It shall be at the responsibility of the property owner to clearly mark their property corners, and provide a drawing of fence placement in relation to the property corners when applying for a fence building permit under this ordinance, so that the city building inspector or zoning officer may determine that the proposed fence meets the location and setback requirements of this ordinance.

The city encourages, but does not require, fence lines to be built jointly by neighboring property owners along the boundary line between the separate properties. However, if one property owner wishes to erect a boundary fence without participation by the other property owner, said fence shall be built with a minimum setback of two feet in an area zoned residential, to allow the owner of the fence sufficient access to maintain both sides of the fence, and to include the control of grass and weeds along the fence line. There shall be no side or front setbacks in commercial zones, and the rear setback in commercial zones shall be 20 feet.

The finished side of the fence shall face neighboring properties or the street. The finished side is described as the side of the fence without exposed supports or posts.

All fences must be located entirely upon the private property of the person or entity constructing or causing the fence to be constructed. Fences shall not encroach on any public right-of-way.

(d)

Maximum height restrictions. No fence, in R-1 shall be higher than six feet on the side and rear lot lines, and four feet on the front lot line of the property.

(e)

Intersections. No fence, wall, shrubbery or other obstruction to vision above a height of 36 inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said rights-of-way lines at a distance along each line of 25 feet from their point of intersection.

(f)

Swimming pools. All swimming pools shall have an enclosed fence at least five feet in height with a self-locking gate.

(g)

Construction materials. Materials used in construction fences for private use shall not endanger the public's health or safety. Fences shall not be constructed of snow fence(wooden slat with wire or plastic), woven wire, or barbed wire. Use of creosote lumber is strictly prohibited. Fences shall not be electric without a conditional use permit. New, like new, or well-maintained fence material shall be used at the time of fence installation. The material used must be stone, brick, finished wood, chained link, or vinyl. All fences shall be finished in natural colors, and the use of any fluorescent or non-natural colors shall be prohibited. Supporting posts must be substantial enough to stabilize the fence to keep it in a straight and erect position.

(h)

Maintenance. Every fence shall be maintained in a condition of reasonable repair. If allowed by the property owner to become and remain in a condition of disrepair or danger, or constitute a nuisance (public or private), the city through its police department, shall commence proper proceedings for the abatement thereof, as allowed under the general nuisance code. Every damaged or missing element of any fence shall be repaired or replaced immediately.

(i)

Pre-existing fences. This ordinance shall apply only to fences and walls constructed after the adoption of this ordinance. Any pre-existing fence or wall that does not conform with the provisions thereof shall not be altered, extended or reconstructed except in conformance with this ordinance.

(j)

Emergency access to fenced areas. An access opening for emergency entrance shall be incorporated into any fence areas within which a building is totally or partially located. For residential use property, the access opening shall be at least four feet in width. For commercial or industrial use property, the access opening shall be at least 14 feet in width. A gate or unfenced area shall qualify as an access opening if it is of stated width.

(k)

Business, commercial, and industrial districts. Fences in all commercial, business, and industrial districts shall not exceed eight feet in height. An industrial chain link fence may be constructed in a C-2 district with three strands of barbed wire when used above a height of eight feet and provided the barbed wire projects over the property on the external side of the fence. A conditional use permit must be obtained from the city council prior to making application to install barbed wire fencing.

Barbed wire may not be used when the industrial use immediately borders an adjacent residential use.

If two different zones abut, the zoning requirements of the property owner constructing the fence shall control.

On a corner lot of any zone nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede the vision of motorists on the adjacent streets.

(l)

Violations. Any violation of this ordinance shall be considered a misdemeanor punishable by the fines and penalties set out in state law for misdemeanor level offenses. Each day that the violation is permitted to exist shall constitute a separate offense.

(m)

Variances. Variances from this ordinance may be allowed by the city only after review and recommendation by the planning commission. All fees and cost to be borne by the requesting party.

(7)

Street closures. Whenever any street, alley, or other public way is vacated by official action of the city, the zoning district adjoining each side of such street, alley or public way 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.

(8)

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

(9)

Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the city in any district, it being the intention hereof to exempt such erection, construction, alteration, and maintenance from the application of this ordinance.

(10)

Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private 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.

(11)

Sign ordinance deleted and replaced by article XIII.

(12)

Off-street parking and loading-unloading space requirements.

(a)

Parking space requirements. The required parking and loading spaces shall be provided on the premises of each use. Each parking space shall contain a minimum area of not less than 300 square feet including access drives, and a width of not less than nine feet, and a depth of not less than 20 feet. The minimum number of required off-street parking spaces for various uses shall be as follows:

1.

One- and two-family dwelling — One parking space per unit. No garage shall be converted into living space unless other acceptable on-site parking space is provided.

2.

Apartments — One and one-half parking spaces for each apartment, except housing for the elderly projects, which shall provide three-tenths parking space for each dwelling unit.

3.

Mobile home park — One and one-fourth parking spaces per mobile home berth.

4.

Motel or motel hotel — One and one-half parking spaces for each rental room or suite.

5.

Churches — One parking space for each four seats, based on the design capacity of the main seating area.

6.

Elementary school or junior high school — Two parking spaces for each classroom.

7.

Senior high school — One parking space for each classroom plus one parking space for each ten students, based on design capacity.

8.

Public administration buildings, community center, public library, museum, art galleries, post office and other public service buildings — One parking space for each 500 square feet of floor area in the principal structure.

9.

Assembly or exhibition hall, armory, auditorium, theater or sports arena — One parking space for each four seats, based upon design capacity.

10.

Golf course, golf clubhouse, country club, swimming club, tennis club, public swimming pool — 36 spaces, plus one space for each 500 square feet of floor area in the principal structure.

11.

Hospitals — One parking space for each three beds; convalescent or nursing home — one parking space for each four beds.

12.

Automobile service station — Four parking spaces plus two parking spaces for each service stall. Such parking spaces shall be in addition to gas pump service area.

13.

Drive-in restaurant — 20 parking spaces or one space for each 20 square feet of floor area, whichever is greater.

14.

Restaurant, cafe, night club, tavern or bar — One parking space for each 100 square feet of floor area.

15.

Bowling alley — Five parking spaces for each bowling lane.

16.

Miniature golf course, archery range or golf driving range — Ten parking spaces.

17.

Professional offices, medical and dental clinics and animal hospital — Three parking spaces for each 500 square feet of floor area.

18.

Office building — Three parking spaces for each 500 square feet of floor area.

19.

Retail stores and service establishments — One parking space for each 100 square feet of floor area.

20.

Research, experimental or testing stations — One parking space for each employee on the major shift or one off-street parking space for each 500 square feet of gross floor area within the building, whichever is the greater.

21.

Auto sales, trailer sales, marine and boat sales, implement sales garden supply store, building materials sales, auto repair — One parking space for each 500 square fee of floor area.

22.

Shopping center — Where several business uses are grouped together according to a general development plan, on-site automobile parking shall be provided in a ratio of not less than three square feet of gross parking area for each one square foot of gross floor area; separate on-site space shall be provided for loading and unloading.

23.

Storage, wholesale or warehouse establishments — One parking space for each two employees on the major shift or one space for each 2,000 square feet of floor area, whichever is greater, plus one space for each company motor vehicle when customarily kept on the premises.

24.

Manufacturing or processing plant — One off-street parking space for each two employees on the major shift or one off-street parking space for each 1,000 square feet of gross floor area within the building, whichever is greater, plus one space for all company motor vehicles when customarily kept on the premises.

(b)

Off-street loading design and maintenance.

1.

Location. All required loading or unloading into or out of trucks in excess of three-fourths ton capacity, or railroad cars, shall be conducted at facilities specifically designed or designated for that purpose. These facilities shall be located upon the zoning lot of the principal use requiring them. All berths beyond one shall be separate from areas used for off-street parking.

2.

Access. Each required off-street loading berth shall be so designed as to avoid undue interference with other vehicular or rail access or use of public streets, alleys, or other public transport system.

3.

Surfacing. All off-street loading facilities, including loading berths and maneuvering areas, shall be surfaced with a hard, all weather, dust-free durable surfacing material and shall be well drained and landscaped and shall be maintained in a sightly and well-kept condition.

4.

Landscaping and 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 solid wall not less than eight feet in height and shall be so designed as to be architecturally harmonious with the principal structure. Screen planting may be substituted for the prescribed wall, however, such plantings must not be less than two and one-half inches in diameter and of such type as to permit a minimum of 90 percent opacity during all months of the year.

5.

Design. Fifty percent of the required number of truck berths shall be 50 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 that portion 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.

6.

Required loading areas.

a.

Space for loading and unloading of goods, supplies and services shall be provided in addition to required off-street parking and shall be sufficient to meet the requirements of each use.

b.

The following uses shall observe required loading and unloading spaces as indicated:

(13)

Minimum mobile home park requirements.

(a)

Minimum density and area requirements. Lot areas and density as hereby established shall be considered the minimum requirements within a mobile home park.

1.

Minimum area requirements for a mobile home park shall be five acres and shall not be less than 150 feet in width.

2.

A minimum of 500 square feet per mobile home shall be provided for definable play areas and open space within the mobile home park. Such areas of open space and/or play areas shall not be areas included within any setback nor shall they include any areas of less than 20 feet in length or width.

3.

Minimum lot area per unit shall be 4,000 square feet, excluding private drives, parking spaces and street rights-of-way.

(b)

Lot coverage and setback requirements.

1.

Maximum lot coverage for mobile home parks shall be 25 percent.

2.

Minimum distance between units shall be not less than 20 feet, or the sum of the heights of the two units, whichever is greater; the point of measurement being a straight line between the closest point of the units being measured.

3.

When a mobile home park abuts a single family residential use area, there shall be a minimum setback on that side of 50 feet between the street right-of-way line and any mobile home park use; which setback area shall act as a buffer zone and shall be landscaped according to a landscape plan, to be submitted at the time of application. Such plan shall show the type of planting material, size and planting schedule.

4.

Street access shall not be permitted into or upon minor single family residential area streets.

(c)

General internal park development requirements.

1.

There shall be a minimum front yard setback from the mobile home unit to the street line of 15 feet.

2.

The mobile home stand shall be at such elevation, distance and angle relative to the street and driveway that placement and removal of the mobile home with a car, tow truck, or other customary moving equipment is practical. The mobile home stand shall have a longitudinal grade of less than four percent and transverse crown or grade to provide adequate surface drainage. The stand shall be compacted and surfaces with a material which will prevent the growth of vegetation while supporting the maximum anticipated loads during all seasons.

3.

The entire mobile home park shall be landscaped (excluding hard surfaced areas) and there shall be planted, or otherwise located, one shade tree with a minimum diameter of two inches placed and maintained near each unit pad.

4.

With the exception of overhead electric facilities, all utilities supplied by the mobile home park shall be underground. This shall include sanitary sewer and municipal water. When piped fuel and/or gas is provided by the mobile home park to each mobile home stand, such service shall also be located underground.

(d)

Parking and street requirements.

1.

Parking.

a.

Off-street parking areas shall be surfaced in accordance with the street surface standards below.

b.

All required off-street parking space shall be located not further than 200 feet from the unit or units for which they are designed.

c.

A minimum of one and one-fourth spaces of parking must be provided for each mobile home unit space provided within the park. The one unit space for occupant use must be within the distance from the unit established above. The remaining spaces equivalent to one-fourth spaces must be in group compounds at an appropriate location within the park.

2.

Streets.

a.

Streets shall be of sufficient width so as to permit ease of access to the mobile home parking stands and the placement and removal of mobile homes without causing damage to or otherwise jeopardizing the safety of any occupants or mobile homes in the park.

b.

Streets shall have a minimum width so as to permit two moving lanes of traffic. Minimum land width shall be ten feet.

c.

Public access to a mobile home park shall be so designed as to permit a minimum number of ingress and egress points to control traffic movement, and to keep undesirable traffic out of the park.

d.

Streets shall be graded to their full width to provide proper grades for pavements and sidewalks to have adequate surface drainage to the storm sewer system. The improvements shall extend continuously from existing improved streets to provide access to each lot and to provide connections to existing or future streets at the boundaries of the mobile home park.

e.

Streets and parking areas shall be surfaces for all weather travel with not less than four inches of crushed stone, gravel, or other suitable base material.

(e)

Storage. Enclosed storage lockers when provided shall be located either adjacent to the mobile home in a mobile home park or at such other place in the park as to be convenient to the unit for which it is provided. Storage of large items such as boats, boat trailers, etc., shall not be accomplished at the site of the mobile home unit, but rather shall be provided in a separate screened area of the park.

(f)

Registration.

1.

It shall be the duty of the operator of the mobile home park to keep a register containing a record of all mobile home owners and occupants located within the park. The register shall contain the following information:

a.

The name and address of each mobile home occupant.

b.

The name and address of the owner of each mobile home.

c.

The make, model, year and license and number of each mobile home.

d.

The state, territory or county issuing such a license.

e.

The date of the arrival and departure of each mobile home.

f.

The number and type of motor vehicles of residents in the park.

2.

The park shall keep the register available for inspection at all times by the city and county law enforcement officers, public health officials, and other public officers whose duty necessitates acquisition of the information contained in the register. The register record for each occupant and/or mobile home registered shall not be destroyed until after a period of three years following the date of departure of the registrant from the park.

(g)

Maintenance. The operator of any mobile home park, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the mobile home park its facilities and equipment, in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with said operator for the violation of any provisions of these regulation to which said operator is subject.

(14)

Minimum standards for sewer and water standards.

(a)

Purpose and intent.

1.

All sewage and water systems hereafter constructed or maintained shall conform with the provisions of this ordinance and any other ordinance or regulation of the city and the state.

2.

Any premises intended for human occupancy must be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.

3.

Public or municipal collection and treatment facilities must be used where available and where feasible.

(b)

Sanitary sewage disposal.

1.

Public sanitary sewers shall be installed as required by standards and specifications as established by the city council, the state pollution control agency and the latest code regulating individual sewage disposal systems as recommended by the state department of health.

2.

Where municipal public sanitary sewer is not available, the city council may by ordinance grant a franchise for such sewers to serve all properties in the area where a complete and adequate community sanitary sewer system and plant are designed, and complete plans for the system and plant are submitted to and approved by the city council and the state board of health before construction.

3.

Location and installation of individual sewage disposal system and each part thereof shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance or endanger the safety of any domestic water supply nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high ground water elevation, geology, proximity to existing or future water supplies, accessibility for maintenance, and possible expansion of the system. The following rules and regulations shall apply to individual sewage disposal systems:

a.

No part of the system shall be located so that it is nearer to any water supply than outlined hereinafter, or so that surface drainage from its location may reach any domestic water supply.

b.

Raw sewage, septic tank effluent, or seepage from a soil absorption system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any soil or rock formation, the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground which does not comply with the requirements of the ordinance. This requirement shall not apply to the disposal of sewage in accordance with the process approved by the state board of health and the pollution control agency.

c.

The lot size shall be sufficient to permit proper location installation of the system and operation.

d.

In areas with a high ground water table or where any faulty geological formation is covered by less than 50 feet or earth, the final disposal unit shall be a tiled field. The bottom of the tile laterals shall not be less than four feet above the highest known or calculated water table and the bottom of the trenches shall be above the water table and at least four feet above the surface of the faulty rock formation.

e.

Bulldozers, trucks or other heavy machinery shall not be driven over the system.

f.

Installations of individual sewage disposal systems shall not be made in low swampy areas or areas which may be subject to flooding. Soil absorption systems on lakes subject to the public waters classification shall be installed no closer to the normal high water mark than:

(i)

One hundred fifty feet for natural environment lakes and streams.

(ii)

Seventy-five feet for recreational development lakes and streams.

(iii)

Fifty feet for general development lakes and streams.

g.

Variances to the preceding setback requirements may be allowed where unusual topography or soil conditions create a situation where the absorption system would function better if the setback was reduced.

h.

The system or systems shall be designed to receive all sewage from the dwelling, building or other establishment served, including laundry waste and basement floor drainage. Footing or roof drainage shall not enter any part of the system. Where the construction of additional bedrooms, the installation of mechanical equipment, or other factors likely to affect the operation of the system can be reasonable anticipated, the installation of a system adequate for such anticipated need shall be required.

i.

The system shall consist of a building sewer; a single unit watertight septic tank of pre-cast concrete, or other tanks approved by the city council or authorized representative, a distribution box and a soil absorption unit. The soil absorption unit shall consist of a sub-surface disposal filed or one or more seepage pits, or a combination of the two. All sewage shall be treated in the septic tank and the septic tank effluent shall be discharged to the disposal field or seepage pits. Where unusual conditions exist, other systems of disposal may be employed, provided that they comply with all other provisions of this ordinance.

j.

No buried or concealed portion of the building sewer, or building drain or branch thereof serving any establishment shall be located less than 30 feet from any water file construction. The buried concealed portions of any building sewer, building drain or branches thereof located less than 50 feet from any well shall be constructed of material meeting the state department of health minimum standards and requirements.

k.

The portions of any buried sewer more than 50 feet from a well or buried suction line shall be of adequate size and constructed of cast-iron, vitrified clay, cement-asbestos, concrete or other pipe material acceptable to the state board of health. Clay pipe and clay pipe fittings shall conform to A.S.T.M. specifications for standard strength or extra strength clay pipe and clay pipe fittings. No building drain or building sewer shall be less than four inches in diameter. Only pre-cast concrete septic tanks meeting the specifications prescribed by the state department of health and state pollution control agency may be installed or constructed.

l.

The location of the septic tank shall be such as to provide not less than the stated distances from the following:

(i)

Ten feet from property lines, buried pipe distributing water under pressure and occupied buildings.

(ii)

Seventy-five feet from any source of domestic water supply or buried water suction line.

Where feasible, the septic tank shall be placed downslope from any water supply well.

m.

Liquid capacity shall be based upon the number of bedrooms contemplated in the dwelling served and shall conform to capacities given in the following table:

TABLE 1

MINIMUM LIQUID CAPACITIES FOR SEPTIC TANKS

Provides for Use of Garbage-Grinders, Automatic
Washers and Other Household Appliances

¹ Increase 250 gallons for every extra bedroom over four.

The liquid capacity of a septic tank serving an establishment other than a dwelling shall be sufficient to provide a sewage detention period of not less than 24 hours in the tank but in no instance shall it be less than 900 gallons.

n.

Location of the disposal field should be in an unobstructed and preferably unshaded area, and the distances given below shall be the minimum which the disposal field shall be located from the following:

(i)

Subsurface disposal field. Location of the soil absorption system shall be in an unobstructed and preferably unshaded area. The bottom of the trenches or basin of the final disposal area shall not be less than four feet above the highest known or calculated water table.

(1)

Any water supply well, or buried water suction pipe: 50 feet.

(2)

Lakes and streams from the normal high water mark: 150 feet.

(a)

One hundred fifty feet for natural environment lakes.

(b)

Seventy-five feet for recreational development lakes.

(c)

Fifty feet for general development lakes.

(3)

Occupied buildings: 20 feet.

(4)

Large trees: 40 feet.

(5)

Property lines or buried pipe distributing water under pressure: Ten feet.

(6)

Other soil absorption systems: Three times the diameter of largest pit (edge to edge).

(7)

Streams and other bodies of water (unclassified): 50 feet.

When coarse oil formations are encountered, the distance specified in subsections (1) and (2) shall be increased appropriately.

(ii)

Seepage pits. Seepage pits shall be used for disposal of septic tank effluent only when a soil absorption trench system is unfeasible and only when such use is indicated by favorable conditions of soil, ground water level topography and where such use does not reduce the safety of surrounding water supplies.

The pit excavation shall terminate at least four feet above the highest known or calculated ground water table. The depth of the excavation shall not exceed 50 percent of the depth of any well casing in the area or 20 feet, whichever is least.

The location of seepage pits, in addition to the general provisions under subsection (3), shall be not less than the stated minimum distances from the following:

(1)

Any water supply well or buried water suction pipe: 75 feet.

(2)

All classes of public water as determined by the state department of natural resources, from the normal high water mark as follows:

(a)

On natural environment lakes and streams, at least 150 feet.

(b)

On recreational development lakes, at least 75 feet.

(c)

On general development lakes and streams, at least 50 feet.

(3)

Other bodies of water: 50 feet.

(4)

Occupied buildings: 20 feet.

(5)

Property lines and buried pipe distributing water under pressure: Ten feet.

(6)

Other seepage pits: Three times the diameter of the largest pit (edge to edge).

(iii)

Minimum seepage area of the disposal field (total flat area of trench bottom exclusive of sidewall area) shall be determined by the following percolation test procedure as applied to table 2.

The following percolation test is considered a fundamental and objective procedure:

(1)

Number and location of tests. Six or more tests shall be made in separate test holes spaced uniformly over the proposed absorption field site.

(2)

Type of test hole. Dig or bore a hole with horizontal dimensions of from four to 12 inches and vertical sides to the depth of the proposed absorption trench. In order to save time, labor, and volume of water required per test, the holes can be bored with a six-inch auger.

(3)

Preparation of test hole. Carefully scratch the bottom and sides of the hole with a knife blade or sharp pointed instrument, in order to remove any smeared oil surface and to provide a natural soil interface into which water may percolate. Remove all loose material from the hole. Add two inches of coarse sand or fine gravel to protect the bottom from scouring and sediment.

(4)

Saturation and swelling of the soil. Carefully fill the hole with clear water to a minimum depth of 12 inches over the gravel. By refilling, if necessary, or by supplying a surplus reservoir of water such as in an automatic siphon, keep water in the hole for at least four hours and preferably overnight. Allow the soil to swell overnight. This saturation procedure ensures that the soil is given the opportunity to swell and approach the condition that it will be in during the wettest season of the year. Thus, the test will give comparable results in the same soil whether made in a dry or a wet season.

In sandy soils containing little or no clay, the swelling procedure is not essential and the test may be made as described under subsection (5), after the water from one filling of the hole has completely seeped away.

(5)

Percolation rate measurement. With the exception of sandy soils, percolation rate measurements shall be made on the day following the procedure described under subsection (4), above.

(a)

If water remains in the test hole after the overnight swelling period, adjust the depth to approximately six inches over the gravel. From a fixed reference point measure the drop in water level over a 30-minute period. This drop shall be used to calculate the percolation rate.

(b)

If no water remains in the hole after the overnight swelling period, add clear water to bring the depth of water in the hole to approximately six inches over the gravel. From a fixed reference point, measure the drop in water level at approximately 30-minute intervals for four hours, refilling six inches over the gravel as necessary. The drop that occurs during the final ten minutes is used to calculate the percolation rate.

(c)

In sandy soils (or other soils in which the first six inches of water seeps away in less than 30 minutes, after the overnight swelling period) the time interval between measurements shall be taken as ten minutes and the test run for one hour. The drop that occurs during the final ten minutes is used to calculate the percolation rate.

(6)

A modification of the percolation test may be used where the percolation test procedure has been previously used and knowledge is available on the character and uniformly of the soil.

(iv)

Soil absorption systems shall not be acceptable for disposal of domestic sewage wastes for developments on lots adjacent to public waters under the following conditions:

(1)

Low swampy areas or areas subject to recurrent flooding; or

(2)

Areas where the highest known ground water table is within four feet of the bottom of the soil absorption system at any time; or

(3)

Areas of exposed bedrock or shallow bedrock within four feet of the bottom of a soil absorption system or any other geologic formation which prohibits percolation of the effluent; or

(4)

Areas of ground slope where there is danger of seepage of effluent onto the surface of the ground, in accordance with the following critical slope values:

(5)

Soils where the percolation rate is slower than one inch in 60 minutes.

4.

Servicing of septic tanks and soil absorption units shall conform to the state department of health and state pollution control agency specifications. No person, firm, or corporation that services septic tanks shall operate commercially without first obtaining the necessary licenses required by Itasca County. Sludge shall not be discharged into any lake or watercourse, nor on land without burial. Disposal of sludge and scum removed from the system shall be:

a.

Into a municipal sewage system where practicable.

b.

In the absence of public sewer, at a disposal site designated by the county sanitation administrator.

5.

Alternative methods of sewage disposal such as holding tanks, electric or gas incinerators, biological and/or tertiary waste treatment plants or land disposal systems, wherever required or allowed in particular circumstances, shall be subject to the standards, criteria, rules and regulations of the state department of health, state pollution control agency, and the department of natural resources.

6.

Agricultural waste disposal.

a.

Any agricultural waste disposal operations in shoreland areas must conform to the standards, criteria, rules and regulations of the state pollution control agency.

7.

Municipal treatment systems. Disposal of any material from a municipal sewage disposal plant shall be on a site specified by the county sanitary administrator. Methods of disposal shall be specified by the county sanitary administrator and concur as closely as practicable with the standards, criteria, rules and regulations of the state pollution control agency.

(c)

Water systems.

1.

Public water facilities, including pipe fittings, hydrants, etc., shall be installed and maintained as required by standards and specifications as established by the city council, the state department of health standards for water quality and the state department of natural resources.

2.

Where public water facilities are not available, the city council may by ordinance grant a franchise for such water facilities, to serve all properties within the area where a complete and adequate community water distribution system is designed, and complete plans for the system are submitted to and approved by the city council and the state department of health.

3.

Individual wells shall be constructed and maintained according to standards and regulations approved by the city council and the state department of health.

4.

Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination. Wells already existing in areas subject to flooding shall be flood proofed, in accordance with procedures established in Statewide Standards and Criteria for the Management of Floor Plain Areas of Minnesota.

(d)

Construction standards. Every individual sewage disposal installed after the effective date of this zoning ordinance, as adopted and published, shall conform to the standards adopted in this section "Minimum Standards for Sewage Disposal Systems". Any individual sewage disposal system or pertinent part thereof, irrespective of the date of original installation, which is not located, constructed or installed in accordance with this subsection shall be so relocated, reconstructed or reinstalled s to comply with the standards of those items in accordance with the state department of health regulations, department of natural resources and the state pollution control agency.

Construction inspection. It shall be the duty of the owner or his contractor to notify the city council or their authorized representative at three steps in the construction as follows:

1.

Layout of sewage system.

2.

When the excavation of the sewage system is completed.

3.

When the construction of the system is completed but before the system is covered.

Upon receipt of these notices, the city council or authorized representative shall inspect the progress of the work as soon as possible to determine that construction is being carried out in accordance with the provisions of this regulation and the work as authorized by the issuance of the permit.

No certificate of occupancy shall be issued by the city, zoning administrator or building inspector until the provisions of the subsection are met and approved by the city street commissioner.

(e)

Licensing.

1.

License required. No person, partnership, firm or corporation shall engage in the business of installing, constructing and repair of a sewage disposal system within the city without first securing a license to carry on such occupation from the city council or authorized representative.

2.

Application. Any person, partnership or corporation desiring a sewage system contractor's license shall make written application to the city council or authorized representative on forms provided for this purpose which shall contain the following information: the name and address of the applicant, the names and addresses of the partners, if a partnership, and the names and addresses of the corporate officers, if a corporation, the experience of the applicant in the construction of sewage disposal systems including the number of years that the applicant has been engaged in said business. The person making application shall be charged with the truth and accuracy of the information supplied in the application.

3.

License fee. The application shall be accompanied by the license fee which shall be as determined by resolution of city council. License shall expire on December 31 next following the date of its issuance.

4.

Performance bond. The application shall also be accompanied by bond in the principal sum of $1,500.00 conditioned upon the observance of all laws, regulations, and standards relative to the construction of sewage disposal systems and upon the faithful and workmanlike performance of all work performed or to be performed pursuant to such license. Such bond shall run to the city and shall be for the benefit of any person, firm or corporation who shall sustain any injury covered by the bond and shall provide that any person, firm or corporation so injured may bring an action in his or its own name for the recovery of damage upon the bond in addition to any other remedy.

(f)

Permits.

1.

Permit required. No person, partnership, firm or corporation shall engage in the business of installing, constructing or repair of a sewage disposal system within the city without first receiving a permit to do so from the city council.

2.

Application. An application for a permit shall be made in writing and signed by the owner of the real property or his authorized representative. Such application shall be made upon forms furnished by the city council or authorized representative for that purpose and shall remain on file in the office of the city administrator. This application shall be submitted prior to any construction on the premises and in duplicate and both copies shall be accompanied by a plat or drawing to scale showing the legal boundaries of the property and the location of all buildings, the water supply, the sewage disposal system in all its units and other facilities. Plans for the buildings shall be made available to the zoning administrator for review in connection with this application and all additional information necessary to the determination of compliance with the provisions of this regulation may be required by the city council or their authorized representative.

3.

Temporary permit. When previously platted lots are of insufficient size or other unusual or uncorrectable conditions prohibit standard construction as prescribed in this regulation, a permit may be issued to construct and maintain a temporary sewage disposal system. Such temporary system shall be constructed as nearly as possible in accordance with the standards prescribed by this regulation and as specified in the permit; and furthermore, with an agreement that if at any time in the future, the operation of the system becomes a nuisance or is otherwise unsatisfactory or if a public sewer is extended to serve the premises, the temporary permit shall expire and the use of the system shall be discontinued on 30 days' notice from the public works foreman.

4.

Permit fee. The application shall be accompanied by the permit fee which shall be established by the city council. Such permits shall be valid for a period of one year from the date of issue.

(1)

Nonconforming signs.

(a)

Signs existing on the effective date of this ordinance which do not conform to the regulations set forth in this ordinance shall become a nonconforming use and shall be discontinued within a reasonable period of amortization of the sign; uses of signs which become nonconforming by reason of subsequent change in this ordinance shall also be discontinued within a reasonable period of amortization of the sign. The period of amortization for signs shall not be more than:

1.

Advertising signs: Five years from the effective date of this ordinance.

2.

Business signs: Five years from the effective date of this ordinance.

(b)

Business signs on the premises of a nonconforming building or use may be continued, but such signs shall not be increased in number, area, height or illumination. New signs not to exceed 35 square feet in aggregate sign area may be erected only upon the complete removal of all other signs existing at the time of the adoption of this ordinance. Such signs may be illuminated. (See section 5.210(11)).

(c)

No sign erected before the passage of this ordinance shall be rebuilt, altered or moved to a new location without being brought into compliance with the requirements of this ordinance.

(2)

Junk yards. No junk yard may be located within city limits.

(3)

Discontinuance.

(a)

In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

(b)

In the event that the use of a nonconforming advertising sign structure is discontinued or its normal operation stopped for a period of six months, said structure shall be removed by the owner or lessor at the request of the city council.

(4)

Alterations. The lawful use of a building existing at the time of the adoption of this ordinance may be continued, although such use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(5)

Residential alterations. Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of such units, provided; however, that they do not increase the number of dwelling units in the building.

(6)

Restoration. No building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 50 percent of its value shall be restored, except in the conformity with the regulations of this ordinance.

(7)

Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary, non-structural repairs and incidental alterations which do not extend or intensify the nonconforming building or use. Nothing in this ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the zoning administrator.

(1)

Conditional use permits. Conditional use permits may be issued for any of the following:

(a)

Any of the uses or purposes for which such permits are required or permitted by the provisions of this ordinance.

(b)

Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare.

(c)

To classify as a conforming use any institutional use existing in any district at the time of the establishment of such district.

(d)

To permit the location of any of the following uses in a district from which they are excluded by the provisions of this ordinance: library, community center, church, hospital, fair grounds, any institution of any educational, philanthropic, or charitable nature, cemetery, mausoleum or any other place for the disposal of the human dead.

(2)

Application, fee, notice.

(a)

Application for any conditional use permit permissible under the provisions of this section shall be made to the city administrator in the form of a written application for a permit to use the property or premises as set forth in the application.

(b)

An application for a conditional use permit shall be accompanied by payment of a fee in such amount as may be set by motion or resolution of the city council from time to time in addition to the regular building permit fee, if any.

(c)

Upon receipt of any application, the city administrator shall set a time and place for a public hearing before the planning commission on such application. At least ten days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper, and shall be posted on the front door of the City Hall. At least ten days prior to the hearing, mailed notice shall be provided to the applicant. All notices shall contain the name of the person applying for the conditional use permit, the street address and legal description of the property for which the permit is being requested.

(3)

Review and decision. The planning commission shall thereupon conduct a public hearing at the designated time and place, and upon all the evidence provided at the hearing, grant or deny the application for conditional use permit. The planning commission shall recommend the granting of a permit unless it finds that the establishment, maintenance, or conduction of the use for which a use permit is sought will not under the circumstances of the particular case be detrimental:

(a)

To the health, safety morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of such use; or

(b)

To the public welfare or injurious to property or improvements in the neighborhood.

It may designate conditions and require guarantees in the granting of conditional use permits in the manner provided in section 5.215 for the granting of adjustments.

(4)

Review by city council. No permit shall be issued under the provisions of this section until ten days has elapsed from the grant of a conditional use permit by the planning commission, where no appeal has been taken pursuant to subsection (4), or until the city council has affirmed the planning commission grant of a conditional use permit after appeal has been taken pursuant to subsection (4).

(5)

Form of action taken and record thereof. The planning commission and city council shall provide for a record of their proceedings.

The mayor is hereby authorized and directed to enforce all the provisions of this ordinance. He may delegate the enforcement of this ordinance to any administrative official of the city, and supporting staff if deemed necessary, who shall be directly under the control of the mayor and shall be known as the zoning administrator or zoning enforcement officer. The zoning administrator shall perform the following duties:

(1)

Examine all applications pertaining to use of land, buildings, or structures, and approve same when the application conforms with the provisions of this ordinance.

(2)

Keep a record of all nonconforming uses.

(3)

Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this ordinance. In regard to performance standards the zoning administrator may require the services of a testing laboratory to determine compliance. The cost of employing said laboratory shall be paid for by the owner if a violation of this ordinance is established, otherwise by the city.

(4)

Notify, in writing, any person responsible for violating a provision of this ordinance, indicating the nature of the violation and ordering the action necessary to correct it.

(5)

Order discontinuance of illegal use of land, buildings or structures; order removal of illegal building, structures, additions, alterations; order discontinuance of illegal work being done; or take any action authorized by this ordinance to ensure compliance with or to prevent violation of its provision.

(6)

Maintain permanent and current records of the zoning ordinance, including all maps, amendments, conditional use, and variations.

(7)

Maintain a current file of all permits, all certificates, and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this ordinance and, on request, provide information to any person having a proprietary of tenancy interest in any specific property.

(8)

Provide technical assistance to the city council and planning commission.

(1)

General. Except as hereinafter provided, no person, firm, or corporation shall construct, erect, alter, wreck or move any building or structure or parts thereof within the corporate limits of the city without first securing a building permit in from the city. It shall not be necessary to secure a building permit in order to alter, repair, or otherwise change the interior of any residential building provided the proposed alteration, repair or change will not be structural.

(2)

Application. Application for a building permit shall be made to the zoning administrator on blank forms to be furnished by the city. Each application for a permit to construct or alter a building shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon, the size and location of the building and accessory buildings to be erected. Applications shall contain such other information as may be deemed necessary or the property enforcement of this or any other ordinance.

(3)

Fees. The fee or a building permit shall be determined by the city council.

(4)

Issuance. The zoning administrator shall issue or may direct the city administrator to issue the building permit only after determining that the building plans together with the application comply with the terms of this ordinance.

(5)

Certificate of zoning compliance.

(a)

A certificate of zoning compliance shall be obtained before any building hereafter erected or structurally altered is occupied or the use of any such building is altered.

(b)

Application for a certificate of zoning compliances for a new building or for existing building which has been altered shall be made to the zoning administrator as part of the application for a building permit as required in subsection (2) of this section.

(c)

Every certificate of zoning compliance shall state that the building or proposed use of a building or land complies with all provisions of the law and this ordinance. A record of all certificates of zoning compliance shall be kept on file in the office of the zoning administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(1)

Purpose. The city council in each case as hereinafter provided shall have the power to grant adjustments in and exceptions to any provisions of this ordinance to the extent of the following and no further.

(a)

To vary or modify the strict application of any of the regulations or provisions contained in this ordinance in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application.

(b)

To permit the extension of a district where the boundary line thereof divides a lot in one ownership at the time of the passage of this ordinance.

(2)

Application.

(a)

Application for any adjustment permissible under the provisions of this section shall be made to the zoning official or city administrator in the form of a written application for a permit to use the property or premises as set forth in the application.

(b)

An application for an adjustment shall be accompanied be payment of a fee in such amount as may be set by motion or resolution of the city council from time to time in addition to the regular building fee, if any.

(c)

Upon receipt of any application, such officer shall set a time and place for the public hearing before the planning commission on such application. At least ten days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper, and shall be posted on the front door of the City Hall. At least ten days prior to the hearing, mailed notices shall be provided to the applicant and to each landowner adjacent to the property for which the variance is being requested. All notices shall contain the name of the person applying for the variance, the street address and legal description of the property for which the variance is being requested, and the use for which the variance is being requested.

(3)

Review and decision. The planning commission shall thereupon conduct a public hearing at the designated time and place, and upon all the evidence provide at the hearing, grant or deny the application for variance. The planning commission shall prepare written findings of their decision and shall specify the evidence upon which their decision was based. In recommending granting any adjustment or variance under the provision of this section, the planning commission shall designate such condition in connection therewith as will, in its opinion, secure substantially the objectives of the regulation involved.

(4)

Review by city council.

(a)

Any party aggrieved by a decision of the planning commission in the grant or denial of an application for variance shall have 20 days from the date of the decision to appeal such grant or denial to the city council.

(b)

All appeals to the city council must be in writing, must be signed by the party requesting appeal, and must specifically state the objections to the grant or denial.

(c)

The issuance of a variance upon a grant by the planning commission shall be stayed for a period of 20 days pending the filing of an appeal to the city council.

(d)

Upon written notice of an appeal, the city administrator shall set a time and place for a public hearing before the city council with notice of the hearing to be provided as specified in subsection (2) of this section.

(e)

The city council shall conduct a public hearing at the designated time and place, and based upon the findings of the planning commission and all other evidence provided at the hearing, reverse or affirm the determination of the planning commission. The city council shall have the discretion to limit the evidence presented to that heard by the planning commission, and, in their discretion, may base their determination solely on the findings of the planning commission. The city council shall prepare written findings of their decision, and shall specify the evidence upon which that decision was based.

(5)

Issuance. No permit shall be issued under the provisions of this section until 20 days has elapsed from the grant of a variance by the planning commission, where no appeal has been taken pursuant to subsection (4), or until the city council has affirmed the planning commission grant of a variance after appeal has been taken pursuant to subsection (4).

(6)

Conditions for issuance. The planning commission shall not recommend the granting of any application and the council shall not grant any application unless they find the following facts:

(a)

That there are special circumstances or conditions affecting the land, building or use referred to in the application which imposes undue hardship or practical difficulty to the property owner in the use of their land which is not created by the actions of the property owner.

(b)

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights;

(c)

That the granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(7)

Form of action taken and record thereof. The planning commission and city council shall provide for a record of their proceedings, which shall include the minutes of their meetings, their findings, and the action taken on each matter heard by them, including final recommendation, decision and order.

(8)

Appeals from the decision of city council. Any person or persons, or any board, taxpayer, department, board, or bureau of the city aggrieved by any decision of the city council may seek review by a court of record of such decision, in the manner provided by the laws of the state and particularly by Minn. Stat. § 462.361.

(1)

Purpose. The council may on its own motion or on request of the planning commission, or on petition or appeal of the affected property owners:

(a)

Transfer land, or a portion thereof, from the district in which it is situated into another district, by amendment to this ordinance.

(b)

Change any of the regulations of this ordinance as to the use or platting of land in any district, or as to the restrictions upon buildings or structures herein, by amendment to this ordinance.

(2)

Procedure.

(a)

An application for amendment shall be filed with the city administrator in duplicate, accompanied by a fee as determined by the city council. The administrator shall forward one copy to the planning commission. The planning commission may transmit its recommendations on the application to the city within 30 days.

(b)

The planning commission may transmit its recommendations on the application to the city council within 30 days.

(c)

The planning commission shall give notice of the time and place of the public hearing. Notice shall be given not more than 30 days nor less than ten days in advance of the hearings, by publishing a notice thereof at least once in a newspaper published in the city, by notifying the owner or owners of the property under consideration, and by notifying by mail at least ten days prior to the meeting, the property owners within 300 feet of the subject property. The current city assessor's tax records shall be deemed sufficient for the location or certification of township of said properties.

(d)

The city council, upon receiving reports of the planning commission, and without further public hearing, may vote upon the adoption of any proposed amendment or it may refer it back to the planning commission and/or board for further consideration. If no recommendation is transmitted by the planning commission within 30 days after the hearing, the city council may take action without awaiting such modification. In considering such recommendations, due allowance shall be made for existing conditions, for the conservation of property values, for the direction of building development to the best advantage of the entire city, and for the uses to which the property affected is being devoted at the time; and no change shall be recommended unless it is required for the public good. The amendment shall be effective only if a majority of all the members of the council concur in its passage.

(3)

Petition.

(a)

Give the name or names of the petitioner or petitioners, and the petition shall be signed by each of them. The address of each petitioner shall be given.

(b)

Specifically describe the area proposed to be rezoned, and give the names and addresses of all owners of property owned by each.

(c)

State the present zone classification of the area and the proposed zone classification.

(d)

State the present use of each separately owned tract within the area, and the intended use of any tract of land therein, if the petitioners, or any of them, have particular use presently in mind.

(e)

Show how the rezoning will fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city.

(f)

Be accompanied by three copies of a map showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of such area. The map scale shall be 100 feet to the inch.

(1)

Violations and penalties. Any person, firm, or corporation who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $300.00 and/or by imprisonment for not to exceed 90 days. Each day that a violation continues shall constitute a separate offense.

(2)

Enforcement. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance, the zoning administrator, in addition to other remedies, may institute any proper action or proceedings in the name of the city. He shall hereby have the powers of a police officer to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violations to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about said premises.

Should any section or provisions of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.

This ordinance shall take effect and be in full force from and after its adoption and publication.

No zoning ordinance or amendment thereto shall be adopted by the council until a public hearing has been held thereon by the council upon notice as provided in Minn. Stat. § 462.357, subd. 3.

That area of Deer River bordering Highway #2 between Second Street SE and Fourth Street SE shall be rezoned from a C-1 to a C-2 designation.