The purpose of this article is to establish general development standards. These standards are intended and designed to assure compatibility of uses; to prevent blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.

(Ord. No. 86-4, § 7.08, 6-30-86)

(a)

Dwelling on a small lot. In any "R" residential district, a single-family dwelling and customary accessory buildings may be erected on any single lot of record despite the fact that the lot fails to meet area and width requirements of that district. Such development, however, must meet yard dimensions and other requirements for the district. This exemption from area and width requirements applies only to a lot without continuous street frontage with other lots in the same ownership.

(b)

Lots in same ownership. If two (2) lots, or combinations of lots and portions of lots with continuous street frontage in single ownership are of record on the effective date of this chapter, and if all or part of the lots do not meet the area and width requirements of this chapter for lots in the district, the land involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements of this chapter, nor shall the parcel be so divided that any remaining lot does not comply with such requirements.

(Ord. No. 86-4, § 7.08(1), 6-30-86)

(a)

No basement, cellar, garage, tent or accessory building shall at anytime be used as an independent residence or dwelling unit, temporarily or permanently.

(b)

Basements or cellars may be used as living quarters and rooms as a portion of residential dwellings, provided they comply with the building code.

(c)

Tents, playhouses or similar structures may be used for play or recreational purposes.

(d)

Relocation of a dwelling or other principal structure onto a vacant lot will require review and approval by the board of appeals and adjustments. The review process will be the same as a variance request, with all applicable hearings and notifications. If the board determines that a structure would depreciate the area into which it is being moved, it may withhold issuance of a permit for such relocation.

(Ord. No. 86-4, § 7.08(2), 6-30-86)

(a)

Except as otherwise regulated in this chapter, the building height limits established herein for zoning districts shall not apply to the following:

(1)

Belfries.

(2)

Chimneys or flues.

(3)

Church spires.

(4)

Communications transmission and reception equipment not regulated by this chapter.

(5)

Cooling towers.

(6)

Cupolas and domes which do not contain usable space.

(7)

Elevator penthouses.

(8)

Essential service structures.

(9)

Farm structures.

(10)

Flag poles.

(11)

Monuments.

(12)

Necessary mechanical and electrical appurtenances.

(13)

Solar energy systems.

(14)

Parapet walls extending not more than four (4) feet above the limiting height of the building.

(15)

Wind energy conversion systems.

(b)

No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty-five (25) percent of the area of such roof.

(Ord. No. 86-4, § 7.08(3), 6-30-86)

Placement of accessory buildings and structures shall be subject to the following regulations.

(1)

Accessory buildings and structures, unless otherwise noted in this chapter are permitted only in buildable areas and required rear yard areas. Such structures may be placed to within three (3) feet of any lot line. Accessory buildings and structures, in aggregate, shall not occupy more than thirty-five (35) percent of required rear yard area. In no case shall such structures be located within eight (8) feet of an alley.

(2)

Accessory buildings on waterfront lots in aggregate residential districts are permitted in required front yard areas. Such buildings must maintain a fifteen-foot setback from the existing street right-of-way and a three-foot setback from any interior lot line. Accessory building in aggregate shall not occupy more than forty (40) percent of required front yard area.

(3)

Accessory buildings or structures attached to or part of the principal building shall maintain the same setbacks as required for the principal building.

(4)

No accessory building or structure, unless an integral part of the principal building, shall be erected, altered or moved within five (5) feet of the principal building.

(5)

Accessory buildings or structures in residential districts shall not exceed twenty-two (22) feet in building height. Accessory structures in residential zones may be built to a maximum one thousand (1,000) square feet of floor area or ten (10) percent of the lot area whichever is larger to an aggregate accessory structure maximum of three thousand (3,000) square feet of floor area.

(6)

Accessory buildings and structures in commercial and industrial districts on lots which abut residential districts must maintain a twenty-five-foot setback from adjacent residential property.

(7)

Solar energy systems which are detached and freestanding shall be considered accessory structures.

(8)

Solar energy systems attached structurally to the principal building shall comply in all respects with setback requirements applicable to the main building.

(9)

In residential districts, accessory buildings or structures may be built on an undeveloped non-conforming lot which abuts a lot with the principal structure. Accessory buildings or structures built on abutting lots must meet the following standards:

a.

The abutting undeveloped lot does not meet the minimum lot size of the residential district.

b.

The accessory building or structure is allowed only in buildable areas and required rear yard area of the undeveloped lot.

c.

The accessory building or structure shall not exceed twenty-two (22) feet in building height.

d.

The accessory building or structure shall not exceed ten (10) percent of the undeveloped lot area.

e.

Only one (1) accessory building or structure is allowed on the undeveloped abutting lot.

f.

The abutting lot used for an accessory building or structure shall be clubbed by the county, for property tax purposes, with the lot bearing the principal structure and shall not be sold separately at a later date.

(10)

Sills, belt courses, cornices, buttresses, and eaves may project not more than three (3) feet into any required yard.

(11)

Uncovered landings or decks twenty-five (25) square feet or less in size, retaining walls, fences, paved terraces, structures used ornamentally or for gardening or for private recreation purposes, all accessory to and customarily incidental to the principal use, are permitted in required yards provided that a side yard strip two (2) feet in width adjoining the side line of the plot shall be unobstructed by any structure or feature, that is higher than two (2) feet above ground level, except a fence.

(12)

Open work fire balconies and fire escapes may not extend more than four (4) feet into a required yard.

(13)

Chimney and flues may not extend more than two (2) feet into a required yard or court.

(14)

The storage of flammable and combustible liquids in above-ground tanks located outside of a building other than bulk storage plants is allowed in B-3 general business district, I-1 Light industrial district and I-2 heavy industrial district. The installation and location of the tanks shall be in accordance with the Minnesota State Fire Code and this zoning code, whichever is more restrictive. A mechanical permit is required for new installations.

(Ord. No. 86-4, § 7.08(4), 6-30-86; Ord. No. 91-3, 5-28-91; Ord. No. 2000-5, 12-11-00; Ord. No. 2013-07, 9-23-13; Ord. No. 2016-06 , 10-24-16; Ord. No. 2017-07 , 7-31-17)

(a)

Fences in residential districts may be located on any lot line (subject to corner yard restrictions) to a height of three and one-half (3.5) feet, except that a fence located along lot lines behind and along side the principal structure and adjacent to the rear yard of the property may be up to six (6) feet in height. Fences located within the principal buildable area of a lot may be up to eight (8) feet in height.

(b)

Fences in commercial and industrial districts may be erected on a lot line (subject to corner yard restrictions) to a height of eight (8) feet. Fences which are electrically charged or have a security arm with barbed wire will require approval of the board of appeals and adjustments.

(c)

Hedges and shrubs adjacent to lot lines along front yard areas shall not exceed three and one-half (3½) feet in height.

(d)

In all zoning districts, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping.

(Ord. No. 86-4, § 7.08(5), 6-30-86; Ord. No. 2009-09, 11-23-09)

On a corner lot in all zoning districts, nothing shall be placed or allowed to grow in such a manner as to materially impede vision between a height of three and one-half (3½) and ten (10) feet above the centerline grades of the intersection streets within twenty-five (25) feet of the street intersecting lines.

(Ord. No. 86-4, § 7.08(6), 6-30-86)

(a)

Public sewers shall be used when available. Where individual sewage systems are used, they shall be in accordance with MPCA rules Chapter 7080.

(b)

A sewage treatment system not meeting the requirements of this section must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. Systems installed according to all applicable local shoreland management standards in effect at the time of installation may be considered as conforming unless they are determined to be failing. Except that systems using cesspools, leaching pits, sewage pits or other deep disposal methods or systems with less soil treatment area separation above groundwater than required by Chapter 7080, shall be considered nonconforming.

(c)

All septic systems not in conformity with this section and MPCA Rules Chapter 7080 shall be upgraded within one (1) year from the passage of this section or discovery of the nonconforming system to conform to the provisions hereof and MPCA Rules Chapter 7080.

(d)

Any public or private supply of water for domestic purposes shall meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

(e)

Private wells shall be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the Minnesota Department of Health.

(Ord. No. 92-13, 12-14-92)

No temporary family health care dwellings will be allowed in any residential districts of the city.

(Ord. No. 2016-04 , 8-11-16)