1. Except as may otherwise be provided in § 152.47, 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 additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
2. 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 in use of any land or building contrary to the provisions of this chapter, or the erection, moving alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.
3. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, 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.

(Ord. 2008-05, passed 8-5-1971)

1. 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 chapter 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.
2. A detached accessory building shall not be located in any required front yard, except where such front yard lies between the building line an the shoreline, in which case such arrangement may be permitted.
3. A detached accessory building not over one story and not exceeding 12 feet in height shall occupy not more than 30% 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 rear 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.

(Ord. 2008-05, passed 8-5-1971)

1. 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.
2. In districts where the following structures are permitted, heights of the following structures may exceed limits set forth elsewhere in this chapter:
   1. Monuments;
   2. Flag poles;
   3. Chimneys or smoke stacks;
   4. Lookout towers;
   5. Windmill and wind generators;
   6. Water towers;
   7. Church spires, belfries or domes; and
   8. Radio and television antennas and transmitting towers.

(Ord. 2008-05, passed 8-5-1971)

1. The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.
2. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.
   1. 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.
   2. Open or lattice enclosed fire escapes, fire-proof 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.
   3. A yard, court or other open space provided about any building for the purpose of complying with the provisions of this chapter shall not again be used as a yard, court or other open space for another building.
   4. 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.
   5. 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 or more persons.
   6. 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.
   7. 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.
         1. 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 place.
         2. 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.
         3. On double frontage lots, the required front yard shall be provided on both streets.
         4. Air conditioning units, including 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. 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.

(Ord. 2008-05, passed 8-5-1971)

1. Fences, walls in front yard. In any residence zone on any corner lot, no fence or accessory structure or planting shall rise over two and one-half feet in height above the level of the public sidewalk within 20 feet of any corner, so as to interfere with traffic visibility across the corner. No fence or wall or shrub planting of more than two and one-half feet in height above the level of the public sidewalk shall be erected on any interior lot within ten feet of the front property line where it will interfere with traffic visibility from a driveway.
2. Fences in side yard. No fence or wall, other than a retaining wall, along a side line of a lot in a residence zone, shall be higher than four feet unless any part above such a height has at least 50% of the surface uniformly open and unobstructed, unless the adjoining lot is not in a residential zone.
3. Fences in rear yard. Fences having a height of six feet or less may be used to locate property lines within the required rear yards in the residence district.

(Ord. 2008-05, passed 8-5-1971)

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.

(Ord. 2008-05, passed 8-5-1971)

All areas within 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.

(Ord. 2008-05, passed 8-5-1971)

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

(Ord. 2008-05, passed 8-5-1971)

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 to servicing, fire protection and required off-street parking.

(Ord. 2008-05, passed 8-5-1971)

1. Purpose and intent.
   1. The purpose of these regulations are to protect and promote the general welfare, health, safety and order in the city through establishment of a comprehensive series of standards, regulations and procedures governing the erections, use, display and maintenance of devices, signs or symbols serving as channels of communication (hereinafter “signs”) to the public which resides, works and visits in the city other than signs required by law and whose placements, size, color and other features are otherwise governed by law.
   2. The provisions of these regulations are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for visual amenities by those who design, display or otherwise utilize signs of the types regulated by this chapter; while at the same time assuring that the public is not endangered, annoyed or unduly distracted by the unsafe, unsightly, disorderly, indiscriminate or unnecessary use of such signs and sign facilities.
   3. Further objectives of these regulations are to assure compatibility of signs with surrounding land uses, to protect property values in all districts, to protect the public investment in streets and highways, to promote the safety and recreational value of public travel, to strengthen the economy and to improve the appearance of the city.
2. Application for a sign permit.
   1. Application for a sign permit shall be made to the Zoning Administrator on forms provided for that purpose. Each application shall be filled out completely.
   2. The application shall include a complete description of the sign and a sketch showing size, location, manner of construction, dimensions and such other information as the Zoning Administrator shall deem necessary to inform him or her of the kind, size, material, construction and location of the sign.
   3. The applicant shall submit at the time of application any fee or fees required by the ordinances of the city.
   4. All applicants will be issued or denied by the Zoning Administrator within 30 days of the receipt of the application in the office of the Zoning Administrator.
   5. If a sign authorized by permit has not been installed and completed within three months after the date of issuance of the permit, the permit shall be canceled.
3. General regulations applicable to all signs.
   1. Permits are required for all new, relocated, modified or redesigned signs except those specifically exempted in division D below.
   2. No sign shall contain any indecent or offensive picture or written matter.
   3. No sign which purports to be or resembles an official traffic-control device, sign or signal; or which hides from view or interferes with the ability of drivers or pedestrians to see any traffic-control device, sign or signal, or which obstructs or interferes with a driver’s view of approaching, merging or intersection traffic for a distance not to exceed 200 feet, or which resembles an official sign erected by a governmental agency, or which bears the word “Stop,” “Caution,” “Danger,” “Warning” or similar words, shall be erected.
   4. No sign, other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon any public easement, except as specifically permitted herein.
   5. For the purposes of this chapter, any change in advertising area which exceeds the advertising area for which a permit has been issued shall require a new permit.
   6. Every sign, including, but not limited to, those signs for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning and maintaining the immediate surrounding premises in a clean, sanitary and inoffensive condition free of obnoxious substances, rubbish and weeds. Signs in good repair are not corroded, do not have deteriorated paint on finished surfaces and do not have loose members, broken parts or similar deterioration.
4. No sign permit required. Sign permits are not required for the following:
   1. Campaign signs posted by a bona fide candidate for political office or by a political issue or a political candidate may be placed on private property in any district with the permission of the tenant or owner. No campaign sign shall be posted on public property. Only one campaign sign per street frontage per candidate is allowed. The maximum area for such a sign is eight square feet. Any one dimension of the sign cannot exceed four feet. Such signs may be posted for a period of not more than 30 days before an election and must be removed not more than ten days after an election. The tenant and the owner of the private property on which the sign is displayed are both responsible for the removal of all such signs. For the purposes of this provision, a primary election and the following general election held in the same year for the same office shall be considered one election;
   2. Lettering or symbols which are an integral part of the design of a gasoline or other pump utilized in the operation of a service station shall be permitted. The dimensions of such lettering or symbols are to be included in total surface area allowed for the business operated on the premises;
   3. A window sign affixed to or within 12 inches of the interior of a window and not exceeding 20% of the window area;
   4. Signs erected by a government unit;
   5. Memorial signs or tablets containing the name of the building, its use and date of erection when cut or built into the walls of the building and constructed of bronze, brass, stone or marble, or similar substance, in harmony with the exterior appearance of the building;
   6. The flag of any state or nation respectfully displayed;
   7. Advertising signs located on the vehicles of common carriers or motor vehicles bearing current license plates. Such vehicles must either be traveling or be lawfully parked upon the public right-of-way;
   8. Banners, pennants and temporary signs upon private property used for grand openings, special events and holidays, but each such sign must be given approval for a temporary sign permit by the Zoning Administrator and such approval is to be for a period of 30 days or less at the discretion of the Zoning Administrator;
   9. Freestanding or portable signs for garage sales or similar events occurring within the corporate limits of the city, not exceeding four square feet in sign surface area, erected on private property with permission of the landowner and displayed for not more than three days. At least one dimension of the sign must be a minimum of one foot. The occupant of the private property on which the sign is displayed is responsible for the removal of such sign;
   10. Signs denoting the architect, engineer or contractor when placed upon work under construction, provided the total sign area of all such signs does not exceed 12 square feet, and provided that the sign is removed upon completion of construction or prior to a date six months after the sign is first placed on the property, whichever is earlier;
   11. Signs for the purpose of selling or leasing individual lots or buildings, provided:
       1. Such sign shall not exceed 12 square feet in area;
       2. Only one such sign is permitted per street frontage upon which the property abuts; and
       3. Such signs shall be removed within seven days following the lease or sale.
   12. One identification sign identifying an owner or occupant of a building, not exceeding two square feet, and the sign shall not contain any advertising information, except identifying the occupation of the occupant.
       1. Directional signs, not illuminated and not exceeding two square feet, displaying directional information only for community organizations, such as churches, schools, hospitals, nursing homes, clubs, libraries or similar uses, and excluding office or commercial establishments. Only one such sign for each avenue or street directly leading to the establishment shall be allowed.
       2. Government funding signs that do not exceed 32 square feet in size.
5. Signs prohibited in all zoning districts. The following signs will not be erected or maintained:
   1. Any sign that does or would obstruct a window (except as specifically provided herein), door, fire escape, stairway or opening intended to provide light, air or access to any building or structure upon which the sign may be attached or otherwise appurtenant thereto, or any adjoining building or structure;
   2. Any illuminated sign which moves, revolves or changes in either color or in intensity of light, except one giving time, date, temperature, weather or similar public service information;
   3. Any inflatable or flying device designed and utilized primarily to draw attention to an object, product, place, activity, institution or business;
   4. Any sign painted, attached to or in any manner affixed to trees, rocks, fences, poles or other structures not originally intended to be sign structures;
   5. Any internally illuminated sign except when given a conditional use permit;
   6. Any sign which no longer advertises a bona fide business conducted or product sold or any sign structure or frame no longer containing a sign; or
   7. Any sign that is erected or maintained in such a manner so as to obscure an official traffic control device or sign.
6. Signs permitted by zoning districts.
   1. 1. Permitted signs in the Residential District (R-1) may be erected subject to the following provisions.
         1. An identification sign identifying the owner or occupant of a building or dwelling unit as provided in division D above.
         2. A sign with a maximum surface of four square feet may be allowed for home occupation or business in lieu of any other identification sign. Such sign may be illuminated in accordance with this chapter.
         3. One on-site identification sign (per street front) not to exceed 24 square feet in surface area, displaying information for churches, schools, hospitals, nursing homes, clubs, libraries or similar use. Such sign may be illuminated in accordance with this chapter.
      2. Permitted signs in the Resort/Commercial Neighborhood District (RCN) for hotels, government buildings, churches, and self-service laundromats may be erected subject to the following provisions:
         1. One sign not to exceed 32 square feet shall be allowed, except a sign for a government building may not exceed 24 square feet.
         2. No internally illuminated signs shall be allowed.
         3. Free standing signs shall not exceed ten feet in height.
         4. Signs shall be setback at least five feet from the street right-of-way.
         5. No roof signs shall be allowed.
   2. Permitted signs in the Downtown Districts (DW, H61, MU), the Service Commercial Industrial District (C/I), and the Business Development Area District (BDA) may be erected subject to the following provisions:
      1. Sign area.
         1. The total surface area of all business signs for a particular business property shall not exceed one and one-half square feet per lineal foot of lot frontage area, or 50 square feet in area, whichever is greater. Such signs may be illuminated in accordance with this chapter.
         2. For corner lots, the frontage used to determine allowable sign area shall be the least dimension along a street, but an equivalent sign area shall be allowed facing the intersecting street.
      2. Wall signs.
         1. No wall sign, including cutout letters, shall project more than six inches from the building wall.
         2. The top edge of a wall sign shall not extend beyond the mid-point of the roof as measured from peak to the eaves on a peaked roof building or to the top of the facade on a flat roof building.
         3. No wall sign shall extend beyond the end of the wall to which it is attached.
         4. Wall signs painted on a building shall be governed by the square footage limitations specified in division F,2,a,1 above.
      3. Projecting signs.
         1. The top edge of a projecting sign shall not be higher than the eave line of a one-story building and the top edge of the sign may not be higher than the bottom of the sills of the first level of windows above the first story in a multiple-story building. Such sign shall be a minimum of eight feet above grade when located adjacent to or projecting over a pedestrian way.
         2. A projecting sign shall not exceed 30 square feet in surface area. Said signs hall be limited to one sign per principal occupant of a building frontage.
         3. Projecting sign shall not be more than 15 feet above grade.
         4. A projecting sign shall not project more than five feet from the wall of the building to which it is attached.
      4. Freestanding signs.
         1. Shall not exceed a height of 30 feet above grade.
         2. The base of the advertising area shall be a minimum of eight feet above grade when located within five feet of a pedestrian way unless the base and pedestal is designed so as to not interfere with pedestrians.
         3. Shall not exceed 100 square feet of surface area.
         4. Limited to one sign per 100 feet of street frontage or less and to only one sign for any additional street frontage beyond 100 feet. Only one street shall be used in computing this dimension.
      5. Portable signs.
         1. There shall be no more than one portable sign per business.
         2. All portable signs shall be 24 inches wide and 48 inches high. The size of a portable sign shall not be included in the total square footage allowed on other permitted signs.
         3. Portable signs shall be displayed only during the hours the business is open.
         4. An annual permit is required for all portable signs. Permits for portable signs shall expire on the last day of each year.
      6. Window signs.
         1. No window sign shall occupy more than 20% of the total area of the window in which the sign is located.
         2. The surface area of such sign is not to be included in the overall computation of the square footage allowed on other permitted signs.
      7. Awnings and canopies.
         1. May be no less than seven and one-half feet above grade when overhanging the right-of-way and shall not project beyond two feet inside the curb line.
         2. Letter or symbols must be painted on or attached flat against the surface of, but not extending beyond or attached to the underside of the canopy or awing.
         3. Letters or symbols painted on or attached to the canopy or awning shall not exceed ten inches in height.
         4. The only sign allowed on awnings or canopies shall be the name of the store, logo, date the business was founded, and the street number. The combined area of such sign shall be counted as part of the total square footage allowed on the permitted signs.
      8. Roof signs.
         1. Allowed by conditional use permit only.
         2. Such signs shall not project higher than five feet above the height of the building to which it is attached. For a building less than 50 feet in width, the sign shall not extend more than 10% of the building width above the roof.
         3. Height of roof signs shall not exceed 30 feet above grade.
         4. Bottom of roof signs shall be no higher than the height of the roof where attached.
      9. Graphic signs. Allowed by conditional use permit only.
   3. Permitted signs in the Service-Commercial Industrial Zone District (C/I) may be erected subject to the following provisions.
      1. Billboards shall be limited to one for a lot of 100-foot frontage or less and to only one additional sign for additional lot frontage beyond 100 feet.
      2. Billboards shall not be larger than 100 square feet per face.
      3. Billboards shall be spaced at least 350 lineal feet from another billboard.
      4. Billboards shall not be permitted to be erected within 100 feet of an adjoining residential district boundary line or any public park, school, library, church or government building.
      5. The maximum height of all billboards shall not exceed 20 feet above ground.
      6. Billboards erected side by side, back to back, or in a V-type construction by one owner shall be deemed to be one sign structure and will be required to have only one permit. Each side of a sign of a sign structure so designed shall be directed toward a different direction of travel, making it impractical to simultaneously view both sides of the structure from any one traffic lane.
      7. An annual permit is required for all billboards.
         1. An applicant shall submit at the time of application any fee or fees required by ordinances of the city.
         2. All applicants will be issued or denied by the Zoning Administrator within 30 days after receipt of the application in the zoning office.
         3. Request for permit renewals will not be accepted more than 60 calendar days prior to the expiration date of the permit.
         4. Permits for billboards shall expire on the last day of each year.
         5. When a permit is granted for a billboard, the permit holder will be furnished a permit identification number. This number must be affixed by the permit holder to the supporting structure nearest the roadway and in such manner and height so as to be identified from the nearest traffic lane.
         6. When a permit is revoked or has expired, applications for a permit for that site will be accepted from new applicants only after the billboard of the former permit holder has been completely removed.
         7. For the purpose of this chapter, a billboard for which a permit can be issued shall, when erected, be a complete billboard, advertising a product or legend. A billboard painted out, or painted over, or is advertising space for lease and has so existed for one permit period shall not be considered for a permit or renewal. Where there are only posts, a partial structure, company name markers or no structure at all, a renewal will not be issued.
7. Revocations.
   1. Permits issued under the provisions of this section may be revoked by the Council of the city after notice and hearing for any of the following causes:
      1. Fraud, misrepresentation or incorrect statement contained in the application for permit; or
      2. Any violation of this chapter.
   2. Notice of a hearing for revocation of a permit shall be given by the Zoning Administrator in writing, setting forth specifically the grounds for revocation and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his or her last known address at least days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least days prior to the date set for hearing.
8. Amortization. Every sign or other advertising structure in existence on the adoption of this chapter which violates or does not conform to the provisions hereof, shall be removed, altered or replaced so as to conform to provisions of this chapter within ten years of the effective date of this chapter.
9. Appeal. Any person aggrieved by the action of the Zoning Administrator in the denial or revocation of a permit under this chapter may appeal to the City Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of action complained of, a written statement setting forth fully the grounds of the appeal together with a fee as established by the city. The Council shall thereafter set a time and place for a hearing of the appeal.
10. Violation a nuisance.
    1. If any permit holder fails to remove or bring into compliance a sign permitted or licensed under this regulation within 30 days after notice that the permitted sign is in violation of this regulation, then the sign shall be deemed a nuisance and may be removed or altered to comply with this regulation by the Zoning Administrator. The removal or alteration shall be at the expense of the owner of the property upon which the sign is located.
    2. If a sign is found by the City Council to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and the reasons for such shall be given to the owner of the property on which such sign is located as soon as possible.
    3. If payment is not made within 30 days after a statement for the costs of removal or alteration of a sign is sent to the owner of the property on which the sign is located, the costs may be assessed against the property on which the sign is located by certifying the costs to the County Treasurer for collection in the same manner as real estate taxes.
11. Penalty.
    1. Violation of this section is a petty misdemeanor. Each period of ten days that the violation exists is a separate offense.
    2. A second or subsequent conviction of a violation of the same division of this section within one 12-month period shall be a misdemeanor.
12. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the definition of words or phrases used in this chapter, other than herein stated, reference is made to Moskowitz and Lindbloom; “The Illustration book of Development Definitions.” (1981).
    
    AWNING. A temporary roof-like cover which projects from and is wholly or partially supported by the exterior wall of a building for the purpose of shielding a doorway or window from the elements.
    
    BANNER or PENNANT. Attention-getting devices which resemble flags and are of paper, cloth, plastic or similar substances.
    
    BILLBOARD. A sign erected and used for the purpose of advertising a product, event, place, person or subject not related to the premises on which the sign is located.
    
    CANOPY or MARQUEE. A roof-like structure projecting over the entrance of a theater, store and the like and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
    
    CHURCH DIRECTIONAL SIGN. A sign which bears the address and/or name of a church and directional arrows pointing to a church location.
    
    FREESTANDING SIGN. Any self-supporting sign not attached to any other structure.
    
    GRAPHIC SIGN. Any mural or pictorial scene painted on the side of a wall or building or painted on a sign board and affixed to a wall, and which mural or scene has as its purpose artistic effect.
    
    ILLUMINATED SIGN. A sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign. Further definitions are:
    1. ILLUMINATED SIGN, EXTERNAL. A sign which is affected by an artificial source of light which is not contained within the sign itself.
    2. ILLUMINATED SIGN, FLASHING. Any externally or internally illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
    3. ILLUMINATED SIGN, INTERNAL. A sign which is illuminated by a source of light contained within the sign itself.
       
    MOVING SIGNS. Any sign which revolves, rotates, has any moving parts, or in which an illuminated component alternates with another to create the illusion of movement.
    
    OWNER. One who possesses the title to the property, even though subject to a leasehold interest. For the purposes of this chapter, the term OWNER shall include the owner of a leasehold interest and thus there can be more than one owner of a property.
    
    PORTABLE SIGN. A sign so designed as to be movable from one location to another which is not permanently attached to the ground or any structure. See Figure 1.
    
    PROJECTING SIGN. Any sign wholly or partially dependent upon a building or wall for support and projecting more than 12 inches therefrom. See Figure 1.
    
    REMOVE, REMOVED and REMOVAL. The complete disassembly of a sign including all component parts, except such parts the removal of which would result in substantial structural damage to the building. All electrical services shall be disconnected, if any, and there shall be complete REMOVAL of wires, conduits and supporting structures. All ground excavations or holes shall be filled. All disassembled elements of the sign and its supporting structure shall be REMOVED from the property or stored inside a building.
    
    ROOF SIGN. A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of the building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof. See Figure 1.
    
    SIGN. Any letter, word or symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message or visual communication whether painted, posted, printed, affixed or constructed, which is displayed for informational or communicative purposes.
    
    TEMPORARY SIGN. A sign or advertising display constructed of cloth, canvas, fabric, plywood or other such light material and designed or intended to be displayed for a short period of time. See Figure 1.
    
    WALL SIGN. A sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than 12 inches from such building or structure. See Figure 1.

(Ord. 2008-05, passed 8-5-1971; Ord. 2010-01, passed 3-31-2010; Ord. 2020-02, passed 12-30-2020)

1. Parking space requirements.
   1. The required parking and loading spaces shall be provided on the premises of each use, except for non-lodging and nonresidential uses within the Downtown Districts (DW, H61, MU). Residential and lodging uses in the Downtown Disctricts (DW, H61, MU) must comply with the parking requirements in § 152.02. 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 not less than 20 feet.
   2. 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 parking space for each apartment, except housing for the elderly projects, which shall provide three-tenths parking space for each dwelling unit;
      3. Manufactured home park: one and one-fourth parking spaces per manufactured home unit. All required off-street parking spaces shall be located not further than 200 feet from the unit or units for which they are designed. The one unit space for occupant use must be within the distance from the unit established above. The remaining spaces equivalent to one-fourth space must be in group compounds at an appropriate location within the park;
      4. Lodging: one parking space 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 homes; 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, café, night club, tavern or bar: one parking space for each 100 square feet of floor area;
      15. Bowling alley: ten 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 200 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 feet 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; and
      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.
2. 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% 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.
      1. Space for loading and unloading of goods, supplies and services shall be provided in addition to required off-street parking spaces and shall be sufficient to meet the requirements of each use.
      2. The following uses shall observe required loading and unloading spaces as indicated:
         
         

         Use	Required Spaces
         Auditorium, stadium, gymnasium, community centers and religious institutions and schools (private and public)	One for each structure over 100,000 square feet of gross floor area
         Bowling alleys	One space for each structure over 20,000 square feet of gross floor area
         Furniture, automobile and boat sales and appliance sales	One space plus one additional space for each 25,000 square feet of gross floor area
         Hospitals, rest homes	One space plus one nursing homes and the like additional space for each 25,000 square feet of gross floor area
         Light and heavy commercial uses except where otherwise specified	One space for the first 10,000 square feet of gross floor area and one space for each additional 50,000 square feet of gross floor area
         Manufacturing and research, experimental or testing stations	One space for each 50,000 square feet of gross floor area
         Motels, hotels, lodging and room houses private clubs and lodges	One for each structure over 20,000 square feet of gross floor area
         Office building and professional offices (other than doctor and dentist); banks	One space for buildings between 30,000 and 100,000 square feet of gross floor area and one space for each additional 100,000 square feet of gross floor area
         Restaurants and other food-dispensing establishments, except drive-in restaurants	One for each structure with over 10,000 square feet of gross floor area

(Ord. 2008-05, passed 8-5-1971; Ord. 2016-02, passed 3-30-2016; Ord. 2020-02, passed 12-30-2020)

All residential structures shall be constructed or placed on either a concrete or treated wood foundation with concrete footings. (Derivation: Council Action July 28, 1982)

(Ord. 2008-05, passed 8-5-1971; Ord. 2020-02, passed 12-30-2020)

1. Definition.
   1. A JUNK VEHICLE shall include any motor vehicle or trailer which is not in an operable conditions suitable for travel on public thoroughfares, as defined by M.S. Ch. 169, as it may be amended from time to time; is partially dismantled; is used as a source of repair and replacement parts for other vehicles; which is kept for scrapping, dismantling or salvage, or which is not properly licensed by the state for operation on the public highways of the state.
   2. The following motor vehicles shall not be considered JUNK VEHICLES:
      1. A motor vehicle for sale in an automobile sales lot; and
      2. A collector, pioneer or classic motor vehicle licensed in accordance with M.S. Ch. 168, as it may be amended from time to time.
2. Residential property. The parking, storage, repairing, dismantling, demolition or abandonment of junk vehicles is prohibited in the R-1 zoning district, except a resident may repair one vehicle registered in the name of the resident upon the property occupied by the resident if the period of repair does not exceed 60 consecutive days.
3. All other zoning districts. In other zoning districts, the parking, storage or maintenance of junk vehicles is allowed only if incidental to a permitted use. Such vehicles shall be stored within an enclosed building or be so screened that they are not visible from public streets or adjoining properties. Two junk vehicles may be repaired on the property without screening if such repair does not take over 60 days.
4. Violation. Any person violating any provision of this section is guilty of a petty misdemeanor.

(Ord. 2008-05, passed 8-5-1971; Ord. 138, passed 6-15-1989; Ord. 188, passed 9-13-1995; Ord. 2020-02, passed 12-30-2020) Penalty, see § 10.99

1. Definition. Landscape plant materials, topography and other physical elements combined in relation to one another and to human-made structures. Landscape elements include all forms of planting vegetation, ground forms, rock groupings, water patterns and all visible construction except buildings and utilitarian structures.
2. Purpose. Design and construction standards will be required in order to preserve the natural landscape and to lessen physical and visual damage to the natural terrain streams, vegetation and other natural characteristics and features of the landscape that may be caused by development.
3. Requirements.
   1. Plant materials (trees, shrubs, grasses and the like) shall be removed from only areas necessary to the day-to-day operations of the business (buildings, parking areas, loading areas, storage areas).
   2. The rear and side yard setback areas shall be maintained in a natural vegetative state or approved landscaping consistent with the natural surroundings.
   3. Revegetation and reforestation of materials removed during construction shall include utilization of native or similar horticultural material and shall be complete during the first planting season after construction.
   4. Topsoil shall be removed prior to any grading or excavation and shall be saved for replacement for revegetation.
   5. Building site placement shall result in least damage possible to vegetation and the natural terrain.
   6. Installation methods and location of utilities shall result in the least damage to the natural environment.
   7. New landscaping shall incorporate the natural topography and vegetation of the surrounding area.
   8. Protective measures (such as fencing) shall be implemented during construction.
   9. Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fences, planting or a combination of these. Planting shall be limited to species natural to the area and the use of walls and fences shall not detract from the natural aesthetics of the area.

(Ord. 2008-05, passed 8-5-1971)

1. Purpose. Protection measures shall be undertaken in order to minimize the problems of runoff and erosion.
2. Requirements.
   1. A site development plan shall be required and shall include the following:
      1. Surface runoff including roof drains;
      2. Subsurface runoff;
      3. Vegetation removal including proposed landscaping;
      4. Proposed sewage treatment systems if not connected to public system;
      5. Topography of site;
      6. Structure and driveway location;
      7. Slope alterations; and
      8. Other pertinent information as requested.
   2. Storm water runoff plans for both construction and operation shall be required.
   3. Erosion control plans for sites for both construction and operation shall be required.

(Ord. 2008-05, passed 8-5-1971)

Regulations (for the purpose of this chapter, all lands within the city limits will be classified as part of the north shore management area).

1. North shore management planning area. All lands between Lake Superior and a line formed by the 40-acre subdivision lines of the rectangular coordinate system established in the U.S. Public Land survey nearest to the landward side of a line 1,000 feet from the shoreline of Lake Superior or 300 feet landward from the centerline of U.S. Highway 61, whichever is greater.
2. North shore management areas.
   1. Protected Resources District;
   2. Residential District;
   3. Commercial District;
   4. Resort Commercial District; and
   5. Industrial District.
3. North shore management areas; definition, permitted and conditional use.
   1. Protected Resources District:
      1. See § 152.10; and
      2. See § 152.11.
   2. Residential District:
      1. See § 152.04; and
      2. See § 152.13.
   3. Commercial District:
      1. See § 152.08; and
      2. See § 152.09.
   4. Resort Commercial District: see § 152.05; and
   5. Industrial District: see § 152.08.
4. Lot area, width and placement and height of structures.
   1. Minimum standards. The following lot area and width dimensional standards apply to lots created after the effective date of this chapter.
   2. Lot size. Refer to § 152.15 for specific zone district requirements.
   3. Structure setback from the ordinary high water mark of rivers and streams. The structure setback from the ordinary high water mark shall be 75 feet.
   4. Structure setback from the vegetation line. The structure setback from the vegetation line on Lake Superior shall be 40 feet, except in erosion hazard areas where the setback shall be 125 feet from the top edge of the eroding bluff or a distance equal to the annual erosion rate times 50 plus 25 feet from the top edge of the eroding bluff, whichever is greater.
   5. Structure setback from public right-of-way line. The structure setback from a public road right-of-way line is 25 feet. Exceptions are as follows:
      1. DW, H61, MU: not required;
      2. C/I: ten feet; and
      3. BDA: 65 feet.
   6. Lot width. Refer to § 152.15 for specific zone district requirements.
   7. Building height. The maximum building height is 35 feet, unless specified otherwise in § 152.15.
   8. Floor elevation above water level. The lowest floor elevation for new structures shall be three feet above the highest known water level or one foot above the 100-year storm wave run-off elevation on Lake Superior as determined by a licensed engineer.
   9. Lot coverage by impervious surfaces. In all areas, lot coverage by impervious surfaces shall not exceed 30% unless a surface water runoff plan certified by a registered professional engineer is submitted and approved by the Zoning Officer. The surface water runoff plan shall contain, at a minimum, provisions for sediment entrapment and erosion control on order to minimize impacts on the receiving waters.
5. Subdivision/platting provisions.
   1. Land suitability. Each lot created through subdivision, including planned unit developments authorized under this chapter, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.
   2. Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with this chapter can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of this chapter.
   3. Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following:
      1. Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;
      2. The surface water features required in M.S. § 505.021, Subd. 8, as it may be amended from time to time, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;
      3. Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests or other methods;
      4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities;
      5. Location of 100-year floor plain areas and floodway districts from existing adopted maps or data; and
      6. A line or contour representing the ordinary high water level, or vegetation line in the case of frontage on Lake Superior.
   4. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage ponding areas for management of storm water and significant wetlands.
   5. Platting. All subdivisions that create five or more lots or parcels that are two and one-half acres or less in site shall be processed as a plat in accordance with M.S. Chapter 505, as it may be amended from time to time. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision.
6. Sanitary provisions.
   1. The sanitary provision of the Minnesota Pollution Control Agency’s (MPCA) standards for individual sewage treatment systems, Minn. Rules Chapter 7080, apply to all areas within the jurisdiction of this chapter, except areas served by a sewer system approved by the MPCA in which instance such sewer shall be the preferred method of disposal. Where public sewers are not utilized, the sewage disposal system must comply with Chapter 7080 or other applicable state standards. Chapter 7080 is hereby adopted by reference.
   2. Individual on-site sewage disposal systems must be setback at least 100 feet from the vegetation line.
   3. In erosion hazard areas, sewage treatment systems shall not be located between the dwelling unit and the shoreline.
7. Shoreland alterations.
   1. Vegetation management.
      1. A vegetation management plan will be required for total vegetation removal of over 10,000 square feet or 25% of the lot area, whichever is greater.
      2. Removal of woody vegetation shall be restricted on bluffs, steep slopes and within the structure setback area to maintain stable soil conditions.
      3. Removal of woody vegetation shall be limited to screen structures, clear cuts, parked vehicles or other facilities from public roads and Lake Superior. Selective removal of woody vegetation shall be allowed to provide a reasonable view of the lake from individual residences.
      4. Clear cutting shall not be permitted unless part of an approved site development plan with the exception of an authorized public service such as public roads and utilities.
      5. Removal of woody vegetation shall be restricted as much as possible along DNR designated trout streams to provide for shade coverage to help keep stream temperatures as proper levels.
      6. Cutting, pruning and trimming of trees shall be based on sound forest management practices for each individual tree species.
      7. Private driveways shall blend in to the existing terrain as much as possible and public utility lines to private landowners shall be buried if at all possible.
   2. Wetlands.
      1. Alterations to wetlands shall not be permitted unless part of an approved site development plan. Any alterations shall be first permitted by the DNR and U.S. Army Corps of Engineers as required.
      2. Alterations to wetlands, if permitted, shall require suitable mitigation.
      3. Wetlands shall be identified on site development plans.
   3. Grading and filling, erosion control.
      1. An erosion and sediment control plan shall be required for excavations exceeding 1,000 square feet or 100 cubic yards, or fill exceeding 1,000 cubic yards or 50 cubic yards within the structure setback area. Shoreland alterations done in connection with work authorized by a building or sewage disposal permit shall be exempt from the erosion control plan requirement.
      2. Erosion and sediment control plans shall be reviewed by the local Soil and Water Conservation District and approved by the local zoning office prior to the start of the land alteration work.
      3. Alterations must be designed and conducted in a manner which insures only the smallest amount of bare ground is exposed for the shortest time possible.
      4. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetative cover must be established as soon as possible.
      5. Methods to minimize soil erosion and to trap sediment before they reach any surface water feature must be used. Such methods shall be in place before development occurs.
      6. Altered areas must be stabilized to acceptable erosion control standards consistent with the Field Office Technical Guides of the local Soil and Water Conservation Districts and the U.S. Soil Conservation Service.
      7. Fill or excavated material must be stabilized to prevent erosion and slope failure.
      8. Fill or excavated material must not be placed on steep slopes, except as designated by qualified professionals.
      9. Approved permanent erosion control practices should be maintained.
      10. Alterations below the ordinary high water level of lakes and streams shall follow accepted practices. Any alterations shall be first permitted by the DNR and U.S. Army Corps of Engineers, as required.
8. Erosion hazard areas. EROSION HAZARD AREA means those areas of Lake Superior’s north shore where the long-term average annual rate of recession is one foot or greater per year as mapped in the December 1988 version of the North Shore Management Plan.
   1. The burden of proof concerning the suitability of land in designated erosion hazard areas is the responsibility of the project proponent.
   2. Site development plans shall be required and approved by the zoning office for all new construction in erosion hazard areas as shown on the official controls map for the city.
   3. The required site development plan shall include a description of:
      1. Surface runoff including roof drains;
      2. Subsurface runoff;
      3. Vegetation removal including proposed landscaping;
      4. Proposed sewage treatment systems;
      5. Topography of site;
      6. Structure and driveway location;
      7. Potential bluff toe protection;
      8. Slope alterations; and
      9. Other pertinent information as requested.
   4. The site development plan shall include setback and shoreline erosion control recommendations and shall comply with the shoreland alteration provisions of this chapter.
   5. Structure setbacks in erosion hazard areas.
      1. Structures and soil absorption areas shall be setback the annual erosion rate times 50 plus 25 feet (to allow for structure relocation) from the top edge of the eroding bluff. Where slumping is evident, the setback shall be measured from the uppermost shear zone (point at which the soil separates and slumping begins). In the absence of an established long-term erosion rate, the setback shall be 125 feet.
      2. The structure setback and the location of the soil absorption areas can be modified by variance if the landowner provides technical data proving a different recession rate or that the erosion hazard although correctly estimated, can be mitigated by structural protection.

(Ord. 2008-05, passed 8-5-1971; Ord. 2020-02, passed 12-30-2020)

1. Goal. It is the goal of these standards and criteria to provide uniform standards for the optimization of development opportunities and maximum environmental protection on any given planned unit development site.
2. Definition. For the purpose of these guidelines, a PLANNED UNIT DEVELOPMENT will be defined as: multiple residential or commercial dwelling units, including, but not limited to, townhomes, condominiums and related commercial activities, consisting of five or more units with a maximum density of ten units per acre.
3. Design criteria.
   1. Structures, parking areas and other facilities must be designed and placed to reduce visibility as viewed from Lake Superior, roads and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the local unit of government, assuming summer, leaf-on conditions.
   2. Units, recreation facilities and commercial uses must be clustered into one or more groups and located on suitable areas of the development site.
   3. At least 50% of the development area must be provided for open space for the users and residents of the development. Road rights-of-way, land covered by road surfaces, parking areas, units, structures, except water-oriented accessory structures or facilities are considered developed areas and should not be included in the computation of minimum open space. This 50% open space dedication must be filed as a restriction against the property. At least 25% of the lot width at the structure setback line should be left as open space.
   4. The appearance of open space areas, including topography, vegetation and allowable uses must be preserved by the use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.
   5. Areas with physical characteristics unsuitable for development in their natural state, such as wetlands or areas containing significant historical sites shall be considered open space.
   6. Each development shall be no less than five units and a lot area of two acres.
   7. The development shall have no more than 10 units per acre.
   8. The development shall provide at least one and one-half parking spaces per unit and one parking space for each nonresident employee, and for each five seats of seating capacity for restaurants and bars. Space for loading and unloading vehicles shall be provided for buildings used for commercial purposes.
   9. The development must also provide access to developed public roads.
4. Sewage disposal standards.
   1. On-site water supply and sewage treatment systems must be centralized and designed, installed and operated to meet or exceed applicable standards or regulations of the Minnesota Pollution Control Agency (MPCA) and the local unit of government.
   2. On-site sewage treatment systems must be located on the most suitable areas of the development.
   3. Public water and sewage service must be used where available.
   4. Developments which produce 5,000 gallons of sewage per day or contain more than 15 units require a MPCA state disposal system permit. This would result in an average flow rate of 333 gallons per unit per day.
   5. The potential person capacity of a dwelling shall be used to determine the potential gallons generated which in turn shall dictate the appropriate system(s) that should be utilized by the proposed development. Local and state standards and regulations apply and should be consulted.
   6. All new units must utilize water conserving plumbing fixtures and have water meters installed and accessible which serve all sewage generating appliances.
   7. No occupancy of any unit or use of any commercial structure of any planned unit development shall be allowed until the appropriate sewage disposal system is in place and fully operational.
5. Plan approval at the time of application, planning and scheduled development.
   1. The proposed facility shall be under unified control or ownership.
   2. The applicant will provide a detailed development plan which shall include a description of:
      1. The property under consideration, including property boundaries, contours, on-site features, roads, lakes, rivers and other relevant features;
      2. Building elevations, location on site, proposed uses, number of units and commercial operations;
      3. A concept statement describing the project;
      4. Parking areas and driveways for both residences and commercial activities, vehicles loading/unloading areas, proposed public road entrances and projected traffic generation of the proposed development;
      5. Proposed phasing of the final development;
      6. Description of how the project will operate after completion;
      7. Nature of proposed ownership after completion;
      8. Proposed fire protection;
      9. Proposed homeowners association agreement, where applicable;
      10. Detailed landscape plan which shows existing vegetation and proposed alterations and new plantings and landscaping;
      11. Recreational space location and use;
      12. Water sources and water supply system plans;
      13. Proposed sewage treatment system plans;
      14. Storm water runoff plans (construction and operation);
      15. Erosion control plan for shoreline, where applicable;
      16. Erosion control plan for site (construction and operation);
      17. Evidence of application for appropriate permits, state and federal;
      18. Evidence of availability of necessary public utilities; and
      19. Proposed development plan will demonstrate that the development will conform with adjacent development and be screened from the lake, adjacent roads and adjacent properties.
   3. Any other information deemed to be necessary by the Planning Commission or zoning office will be provided by the applicant. Plan modifications or special conditions or performance standards may be required.
6. Campgrounds. All campgrounds approved after the effective date of this chapter shall comply in all respects to applicable state regulations and laws and furthermore shall comply with the sanitary, shoreland alteration, erosion hazard area and planned unit development standards of this chapter, except are exempt from the density standards of the planned unit development standards of this chapter.

(Ord. 2008-05, passed 8-5-1971)

1. Purpose and intent. It is the purpose and intent of this section to:
   1. Allow nonconforming structures, uses, site characteristics and lots to continue to exist and be put to reasonable and productive use;
   2. Encourage such nonconformities to be brought into compliance when reasonable to do so;
   3. Establish the requirements under which nonconformities may be operated and maintained;
   4. Diminish the impacts of nonconformities on adjacent properties by limiting the expansion of nonconformities; and
   5. Comply with M.S. § 462.357, Subd. 1e, as amended from time to time.
2. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where the terms are used elsewhere in the code outside of the context of nonconformities, their meaning may have an alternate definition as otherwise defined in their respective section of the code.
   
   DISCONTINUED. For the purposes of nonconformities, the cessation of a use, or removal of a structure or site characteristic for a continuous period of more than one year.
   
   EXPANSION. For the purposes of nonconformities, expansion includes, but is not limited to, intensification of the use, expansion of the use to a portion of the property not previously used, or increased structure dimension(s).
   
   IMPROVEMENT. Where a nonconformity is made more compatible with the use of adjacent properties, efficient and/or more aesthetically pleasing. For the purposes of nonconformities, an IMPROVEMENT does not include an expansion.
   
   MAINTENANCE. Normal repair, restoration and improvement including cosmetic changes. For the purposes of nonconformities, MAINTENANCE does not include new construction or expansion of a use or structure.
   
   NONCONFORMING LOT. A lot lawfully established prior to the effective date of the city code, or subsequent amendments to it, which fails to meet requirements for lot area, and/or width, depth, lot frontage or other requirement of the existing city code.
   
   NONCONFORMING SITE. A site lawfully established prior to the effective date of the city code, or subsequent amendments to it, which fails to meet requirements of the existing city code.
   
   NONCONFORMING SITE CHARACTERISTICS. A site characteristic lawfully established prior to the effective date of the code, or subsequent amendments to it, which fails to meet requirements of the existing city code. For the purposes of nonconformities, SITE CHARACTERISTICS are physical improvements to the site beyond structures, and may include, but are not limited to: impervious surface coverage, storm water facilities, parking and parking lots, driveway surfaces, screening, fences, landscaping, sidewalks, patios, human-made water features such as ponds or swimming pools and similar features.
   
   NONCONFORMING STRUCTURE. A structure that was legally conforming at the time it was constructed but which does not comply with the current city code.
   
   NONCONFORMING USE. A use that was legally conforming at the time it was established but which does not comply with the current city code.
   
   NONCONFORMITY. Any use, structure, site characteristic or parcel of land which existed lawfully at the effective date of a zoning ordinance or subdivision ordinance, has been continued since that time but which would not have been permitted to become established under the terms of the city code as now written.
   
   NONCONFORMITY AGREEMENT. A recordable agreement between the city and the property owner of a nonconformity, which imposes reasonable regulations or conditions upon nonconformities to prevent and abate nuisances and to protect the public health, safety or welfare. Such AGREEMENT may only be approved by the City Council following review thereof by the Planning Commission.
   
   NONCONFORMITY, LEGAL. A nonconformity that was legally conforming at the time it was established and received all required approvals.
   
   NONCONFORMITY, ILLEGAL. A nonconformity that was not legal at the time it was established or did not receive all required approvals.
   
   REPAIR. For the purposes of nonconformities, repair means to restore to good condition by replacing or reassembling broken, worn out or malfunctioning components. REPAIR does not include expansion.
   
   REPLACEMENT. Construction that provides a substitute substantially equivalent to the preexisting conditions that preceded damage or destruction.
   
   RESTORATION. For the purposes of nonconformities, restoration means to restore or repair to good condition by replacing or reassembling broken, worn out or malfunctioning components. Restoration does not include expansion.
3. Continuation rights. Pursuant to M.S. § 462.357, Subd. 1e, as it may be amended from time to time, any legal nonconformity, including, the lawful use or occupation of land or premises existing at the time a city zoning ordinance amendment created the nonconformity may be continued with any necessary approvals, including through repair, replacement, restoration, maintenance and improvement, but not including expansion, unless authorized by this section.
4. Termination of rights. A legal nonconformity must not resume where:
   1. The nonconformity or occupancy is discontinued for a period of more than one year unless the owner shows intent to continue the use or occupancy through an overt act expressing that intent;
   2. A structural alteration increases usable floor area; and
   3. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. The assessed market value (including buildings and land) must be determined by the most recent valuation of the County Assessor.
5. Expansion.
   1. Nonconformities may not be expanded, unless expressly permitted as discussed below.
   2. For purposes of this section, expansion of a nonconformity shall include:
      1. An increase in: structure dimension(s), size, area, height, width, usable floor area and/or the land area of use;
      2. Addition of a structure or part thereof;
      3. Addition of equipment. This shall not apply to new equipment which constitutes merely an improvement over the previous method and does not constitute a change in the nature and purpose of the original use of a property; and
      4. Relocation of the nonconforming use to a new location on the property not previously used unless the relocation reduces or eliminates the nonconformity.
   3. Nonconformities may be expanded as follows.
      1. Nonconformities may expand upon issuance of a conditional use permit only when listed as a conditional use within the applicable zoning district.
      2. Nonconformities not listed as a conditional use may only expand if changed to a conforming use.
6. Substitution.
   1. Nonconforming uses may be substituted for another similar nonconforming use when both uses fall under the same category of use as defined in this chapter.
   2. For structures containing a mix of conforming and nonconforming uses at the time the nonconformity is established, substitution of conforming uses for nonconforming uses shall not constitute an expansion where the resulting use:
      1. Does not create any new adverse impacts on adjacent property; and
      2. Is substantially equivalent to the conditions that existed before the substitution, including structural dimensions such as height, width and useable floor area.
   3. Nonconforming uses may be substituted for another similar nonconforming use if granted a conditional use permit. The city may grant a conditional use permit if the substitution does not:
      1. Increase the overall, site-wide degree of nonconformity;
      2. Impede implementation of goals and policies of the Comprehensive Plan;
      3. Have undue adverse impacts on neighboring residential properties; and
      4. Have undue adverse impacts on the public health, safety or welfare.
7. Reasonable regulations or conditions. Pursuant to M.S. § 462.357, Subd. 1e, as it may be amended from time to time, the city may impose upon any nonconformity reasonable regulations or conditions to prevent and abate nuisances and to protect the public health, safety or welfare. Reasonable regulations or conditions may be imposed by the city on a nonconformity through a recordable instrument approved by the City Council, including a nonconformity agreement, or otherwise by permit or order of the City Council.

(Ord. 2008-05, passed 8-5-1971; Ord. 2016-04, passed 12-28-2016)

1. Conditional use permits. Conditional use permits may be issued for any of the following:
   1. Any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter;
   2. 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;
   3. To classify as a conforming use, any institutional use existing in any district at the time of the establishment of such district; and
   4. To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: 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.
   1. Application for the issuance of a conditional use permit shall be made to the Planning Commission. Any proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by application or by the Council or by the Planning Commission. The Planning Commission may hold such hearings on the proposal to issue a conditional use permit as it may consider necessary; but at least one public hearing shall be held on any application for a use permit for the establishment of any use listed in division A,4 above. The Planning Commission shall give notice of the time an 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 my 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 of said properties. The Planning Commission shall make a report to the Council whatever action it deems advisable.
   2. A conditional use permit may be granted only upon finding all of the following:
      1. The use conforms to the land use or comprehensive plan of the city;
      2. The use is compatible with the existing neighborhood;
      3. The use will not impede the normal and orderly development and improvement in the surrounding area of uses permitted by right in the zone district; and
      4. The location and character of the proposed use is considered to be consistent with a desirable pattern of development for the area.
   3. It may designate conditions and require guarantees in the granting of use permits in the manner provided in § 152.51 for the granting of adjustments. Upon receipt of the report of the Planning Commission, the Council may hold whatever public hearing it deems advisable and shall make a decision upon the proposal to grant a use permit. If the Council finds that the conditions exist which are necessary under this section before the Planning Commission may recommend the granting of a use permit, the Council may grant the use permit and it may attach to the permit such conditions and guarantees as are provided for in § 152.51 for the granting of adjustments.
3. Conformance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.

(Ord. 2008-05, passed 8-5-1971)

1. The Mayor is hereby authorized and directed to enforce all the provisions of this chapter. He or she may delegate the enforcement of this chapter 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.
2. 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 chapter;
   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 chapter. In regards 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 chapter is established, otherwise by the city;
   4. Notify, in writing, any person responsible for violating a provision of this chapter, 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 buildings, structures, additions, alterations; order discontinuance of illegal work being done; or take any action authorized by this chapter to insure compliance with or to prevent violation of its provisions;
   6. Maintain permanent and current records of this chapter as provided in § 152.03(B), 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 insure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property; and
   8. Provide technical assistance to the City Council and the Planning Commission.

(Ord. 2008-05, passed 8-5-1971)

1. General. Except as hereinafter provided, no person shall construct, erect, alter, wreck or move any building or structure or parts thereof within the city without first securing a building permit 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 affect the exterior dimension of such building or change the existing use and occupancy thereof.
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 and the size and location of the building and accessory buildings to be erected. Applications shall contain such other information as may be deemed necessary for the proper enforcement of this chapter or any other city code provision.
3. Fees. The Council may, from time to time, set the fee for a building permit. The amount shall be specified in Chapter 36 of this code.
4. Issuance. The Zoning Administrator shall issue or may direct the Administrator to issue the building permit only after determining that the building plans together with the application comply with the terms of this chapter.
5. Certificate of zoning compliance.
   1. 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.
   2. Application for a certificate of zoning compliance 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 division B above.
   3. Every certificate of zoning compliance shall state that the building or proposed use of a building or land complies with all provisions of law and this chapter. A record of all certificates of zoning compliance shall 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.
6. Utility certificate; exception.
   1. Utility certificate. No building permit shall be issued until the City Public Utility Commission has certified that necessary utility services are available at the site (or that the site complies with individual water and sewage system standards as set forth in the city code) and that all the necessary hook-up facility fees, as set by the Public Utilities Commission from time to time, have been paid, or adequate provisions for payment of the fees has been made.
   2. Exception. Provided, however, that if the Manager of the Public Utilities Commission determines that the building or construction contemplated is of such a nature that it does not impose any load on the utility systems, or an insignificant additional load on the utility systems, the manager may so certify and the Public Utilities Commission shall not be required to make the certification otherwise required in division F,1 above.
7. Expiration dates.
   1. All building and use permits issued in compliance with this chapter shall expire after one year from the date of issuance unless prior to the expiration date the permit holder:
      1. Has made substantial progress towards completion of the improvement for which the permit has been issued; or
      2. Makes a written application for an extension not to exceed one additional year to be approved by the Zoning Administrator. Extensions must meet all then current building and zoning ordinances.
   2. All existing permits issued within the 12 months prior to the publication of this chapter shall expire one year from date of publication of this chapter.
   3. All existing permits issued prior to 12 months before the date of publication of this chapter shall expire six months from date of publication of this chapter.

(Ord. 2008-05, passed 8-5-1971; Ord. passed 9-26-1984) Penalty, see § 10.99

1. Purpose. The Council, in each case as hereinafter provided, shall have the power to hear requests for variances from the requirements of this chapter based upon practical difficulties, including restrictions placed on nonconformities, pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, or 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 chapter, August 5, 1971, or any amendment.
2. Application. Application for any adjustment permissible under the provisions of this section shall be made to the Zoning Administrator in the form of a written application for a permit to use the property or premises as set forth in the application. An application for a variance shall be accompanied by payment of a fee in such amount as may be set by the Council from time to time in addition to the regular building fee, if any. The amount shall be specified in Chapter 36 of this code. Upon receipt of any application such officer shall set a time and place for a public hearing before the Planning Commission on such application. 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 of said properties.
3. Review and decision. The Commission shall thereupon make its decision upon the application and report its recommendation to the Council within ten days after such hearing. In recommending granting any adjustment or variance under the provision of this section, the Planning Commission shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulation involved; and in recommending denial the Commission shall specify the reasons why the variance cannot be adjusted to meet the purposes of this chapter as to light, air, public health, safety, comfort, convenience or general welfare.
4. Issuance. No permit shall be issued under the provisions of this section unless and until it is ordered by the Council. In reporting its decision to the Council, the Planning Commission shall report its finding with respect thereto and all facts in connection therewith and shall specifically and fully set forth the conditions upon which variance is recommended. Upon receipt of such report, the Council shall by resolution either accept or reject the same and shall either grant or deny the application for permit according to its own determination of the question involved. In all cases in which adjustments or variances are granted under the provision of this section, the Council shall require such evidence and guarantees as it deems necessary to insure compliance with the conditions designated in connection therewith.
5. Conditions for issuance.
   1. A variance may be granted pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, only upon finding all of the following:
      1. The variance is in harmony with the purpose and intent of the chapter;
      2. The variance is consistent with the comprehensive plan;
      3. The proposal seeks to use the property in a reasonable manner not permitted by this chapter;
      4. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
      5. The variance, if granted, will not alter the essential character of the locality.
   2. Variances shall be granted for earth sheltered construction as defined herein, when in harmony with the ordinance. The Board of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person’s land is located. The board or governing body, as the case may be, may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
6. Form of action taken and record thereof. The Planning Commission and the 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.
7. Appeals from the decision of the Council. Any person or persons, or any board, taxpayer, department or bureau of the city aggrieved by any decision of the 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 M.S. § 462.361, as it may be amended from time to time.

(Ord. 2008-05, passed 8-5-1971; Ord. 2011-01, passed 7-27-2011)

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:
   1. Transfer land, or a portion thereof, from the district in which it is situated into another district, by amendment to this chapter; and
   2. Change any of the regulations of this chapter 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 chapter.
2. Procedure.
   1. An application for amendment shall be filed with the Administrator in duplicate, accompanied by a feet as determined by the Council, from time to time. Such amount shall be specified in Chapter 36 of this code. The Administrator shall forward one copy to the Planning Commission.
   2. The Planning Commission may transmit its recommendations on the application to the Council within 30 days.
   3. 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 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.
   4. The 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 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.
   5. The Council may, by ordinance, amend the zoning ordinance by a vote of all its members and in accordance with the requirements of M.S. § 462.357, Subd. 2, as it may be amended from time to time.
3. Criteria for zone district map amendment. For rezoning (zone district map amendment): amendments to the zone district map should be recommended for approval only upon the finding by the Planning Commission that all of the following conditions exist.
   1. The proposed zoning shall be consistent with the comprehensive land use plan adopted by the city if existing.
   2. A mistake has been made in the original zoning which was inconsistent with the comprehensive or land use plan which should now be corrected along with the zoning; or substantial changes have occurred in the community since the adoption of the comprehensive or land use plan, which should result in the plan(s) and the zoning being amended.
   3. There shall exist a clear public need for a benefit from additional zoning of the type proposed which shall be above and beyond any benefit or convenience to the land owners.
   4. Beyond a public need being evident, there shall be a showing that the public interest would be best served by rezoning the property in question rather than other property in the community.
   5. In the case of down zoning, which is the changing of a zone district from a higher or more intensive use to a lower or less intensive use, the proposed zoning shall allow the property owner a reasonable use of his or her property under the terms of this chapter, as well as serve the public interest.
4. Petition.
   1. 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;
   2. Specifically describe the area proposed to be rezoned, and give the names and addresses of all owners of property owned by each;
   3. State the present zone classification of the area and the proposed zone classification;
   4. 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;
   5. Show how the rezoning will fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city; and
   6. 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.

(Ord. 2008-05, passed 8-5-1971; Ord. 2011-01, passed 7-27-2011)

1. Violations. Any person 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.
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 chapter, the Zoning Administrator, in addition to other remedies, may institute any property action or proceedings in the name of the city. He or she 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.

(Ord. 2008-05, passed 8-5-1971) Penalty, see § 10.99