Hinckley City Zoning Code

GENERAL PROVISIONS

§ 155.001 TITLE.

This chapter shall be known, cited and referred to as the “Hinckley City Zoning Ordinance” or “Zoning Code”, except as referred to herein, where it shall be known as “this chapter”.

(Prior Code, § 155.01) (Ord. 560, passed 6-6-1978)

§ 155.002 SCOPE.

(A) In interpreting and analyzing these zoning provisions, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience and general welfare.

(B) Whenever the provisions herein require greater standards than are required by any other statute, ordinance or regulations, the provisions of this chapter shall govern. Whenever the provisions of any other statute, ordinance or regulations require greater standards than are required by the provisions herein, the provisions of such statute, ordinance or regulation shall govern.

(Prior Code, § 155.02) (Ord. 560, passed 6-6-1978)

§ 155.003 DEFINITIONS.

All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; the word “building” includes the word “structure” and “dwelling” includes “residence”; the word “person” includes “corporation”, “co-partnership”, “association”, as well as an “individual”; the word “shall” is mandatory and not directory.

ACCESSORY BUILDING. A building or structure on the same lot, the use of which is incidental to the main use.

ACCESSORY USE. A use subordinate to the main use on a lot and used for purpose clearly incidental to those of the main use.

AGRICULTURAL. The cultivating of soil and activities incidental thereto; the growing of soil crops in the customary manner on open tracts of land; the accessory raising of livestock and poultry. The term shall include incidental retail selling by the producer of products raised on the premises; provided that, space necessary for parking of vehicles of customers shall be furnished off the public right-of-way.

ALLEY. Any dedicated public way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

ALTERATIONS. Any change, addition or modification in construction or type of occupancy, any change in the structural members, load bearing or non-load bearing, of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed”.

APARTMENT. A multi-use building arranged and intended as a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

BASEMENT. The portion of the building between the floor and the ceiling which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor is less than the vertical distance from grade to ceiling.

BILLBOARD. Any sign which has an area exceeding 150 square feet.

BOARDING HOUSE. A building other than a hotel containing at least one dwelling unit, where for compensation and by pre-arrangement for definite periods, meals or lodging and meals, are provided for three or more persons not members of the principal family therein.

BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the finished grade along the building edge to the highest point of the roof surface in a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

BUILDING SETBACK. The minimum horizontal distance between the building and the specified lot line as prescribed in this chapter.

CAMPGROUND. Public or private land or premises used or occupied for compensation by campers.

CANOPY. Any structure, movable or stationary, attached to and supported by the building and projecting over public property.

CONDITIONAL USE. Any use of land or buildings, or both, described in each district and requiring the approval of the Council.

DRIVE-IN. Any use providing the opportunity of selling, serving or offering goods or services directly to customers in vehicles.

DRIVEWAY. A minor private way used by vehicles and pedestrians on an individual lot or parcel of land.

DWELLING. A building or portion used exclusively for residential occupancy, including only one-family, two-family and multiple-family dwelling units.

DWELLING, ATTACHED (GROUP, ROW OR TOWNHOUSE). A dwelling joined to other dwellings by party walls.

DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for or containing three or more dwelling units and not including attached row dwellings (party wall) type as defined herein.

DWELLING, SINGLE-FAMILY. A one-family dwelling designed for and used for occupancy by one family.

DWELLING, TWO-FAMILY. A building designed or intended exclusively for occupancy by two families living independently of each other; a duplex.

DWELLING UNIT. Two or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution systems; traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings.

FAMILY. An individual or two or more persons related by blood or marriage or a group of not more than five unrelated persons living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, club lodge, sorority or fraternity house.

FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel

FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by flood waters.

FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.

FLOOR AREA. The sum of the gross horizontal area of the several floors of the building, measured from the exterior walls.

FLOOR AREA (LIVABLE). The same as “floor area” defined above, except measured from interior walls excluding all areas occupied by cellars, garage, porches, unoccupied attics, stairways, basements, storage, utility and heating rooms.

FLOOR AREA RATIO (FAR). The floor area of the building or buildings on that zoning lot divided by the area of such zoning lot or, in the case of planning developments or group housing projects, by the gross site area.

GARAGE, PUBLIC. Any premises used for the storage or care of motor vehicles or premises where any such vehicles are equipped for operation, are repaired or are kept for hire or for sale. Any sale of gasoline, oil and accessories are only incidental to the principal use.

GARAGE, TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half ton capacity.

GRADE, GROUND. The average of the finished level at the center of all exterior walls of the building.

GRADE, STREET. The elevation of the establishment of the street in front of the building measured at the center of the front.

HOME OCCUPATION. Any occupation or profession carried on by a member of the family, residing on the premises, conducted entirely within the dwelling; provided that, the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

HOTEL. A building occupied as the lodging place of transient individuals who are lodged with or without meals.

LIVING AREA. A house and detached garage in close proximity.

LODGING HOUSE and ROOMING HOUSE. A building containing at least one dwelling unit, wherein are provided lodging for compensation by pre- arrangement for definite periods.

LOT. Land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under this chapter and having its principal frontage upon a public street or officially approved access. The term is also known as ZONING LOT and shall include the words PLAT, PIECE and PARCELS.

LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

MARQUEE. A permanent roofed structure attached to and supported by the building and projecting over public property.

MANUFACTURING, HEAVY. The manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located.

MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations or other objectionable influences that extend beyond the lot on which the use is located.

MODULAR HOME. A manufactured dwelling unit, suitable for year around occupancy and containing water supply, waste disposal and electric conveniences designed for attachment to outside systems, all constructed in conformance with city’s Building, Fire and Plumbing Codes.

NON-CONFORMING USE. Any pre-existing structure or use of land which is inconsistent with the provisions of this chapter or an amendment hereto.

OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself of by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

PARCEL. Having its own property identification filed with the county.

PARK MANAGEMENT. The person or persons having charge, care or control or a mobile home park.

PARK STREET. A private way which affords principal means of access to individual mobile home lots or auxiliary buildings.

PARKING SPACE. A land area exclusive of driveways and aisles, of such shape and dimensions so prepared as to be usable for the parking of motor vehicles, in accordance with standards of the Institute of Traffic Engineers, which are hereby adopted as amended by reference and available at the office of the City Engineer.

PERMIT. A written permit or certification issued by the building official permitting the construction, alteration or extension of a permanent structure under provisions of this chapter and regulations issued herein.

PLANNED DEVELOPMENT or PLANNED UNIT DEVELOPMENT. A large lot or tract of land developed as a unit rather than as individual development wherein two or more buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries.

PLANNING AGENCY. The organization of the Planning Commission and the Planning Department.

PUBLIC OPEN SPACE. Any publicly owned open area.

REST HOME and NURSING HOME. A private home for the care of aged or infirmed, or a place of rest for those suffering bodily disorders.

ROW HOUSE. A group or row of dwellings, each containing one or more dwelling units and all occupying one lot, as defined herein; except that, frontages may be on a common court

SETBACK. The mean horizontal distance between the front street right-of-way line and the front line of the building or the allowable building lines as defined by the front yard regulations of this chapter.

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

SIGN, ADVERTISING. Directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere and upon the premises where such a sign is located or to which it is affixed.

SIGN, BUSINESS. Directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

STREET. A thoroughfare which affords a principal means of access to abutting property and which has been accepted by the city as a public way.

STRUCTURE. An object constructed or installed by humans.

STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams, foundations or girders, or any changes in the roof and exterior walls.

USED FOR. Includes the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.

VARIANCE.

(1) A modification of the literal provisions of this chapter granted when strict enforcement of the chapter would cause undue hardship or practical difficulties to the property owner in the use of his or her land. The crucial points of VARIANCE:

(a) Undue hardship;

(b) Unique circumstances; and

(2) The hardship must not have been created by actions of the landowner.

(3) The variance will not alter the essential character of the area and should be in conformance with the city growth management system. Granting of the VARIANCE shall not allow any use which is neither permitted or conditional use within the zoning district on which the subject property is located.

(4) The plight of the landowner must be due to unique circumstances. If the hardship is common to several properties, the VARIANCE must not be granted.

(5) The proof that a landowner could realize a higher financial return for his or her land as a result of the VARIANCE is not sufficient grounds for granting a VARIANCE. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of this chapter.

YARD. An open space which can include an enclosed court on the same zoning lot with a building or structure, which yard is unoccupied by a structure, and exclusive or required parking are except as otherwise permitted in this chapter.

YARD, FRONT. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch provided that the front yard depth shall be measured from an existing or future street line on which the lot fronts.

YARD, REAR. A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.

YARD, SIDE. A yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between the side line and the main building.

ZONING MAP, OFFICIAL. The map or maps incorporated into this chapter as part thereof, designating the zoning district. The OFFICIAL MAP shall be used by the Planning Commission, city staff and City Council in regard to zoning classifications and districts.

(Prior Code, § 155.03) (Ord. 560, passed 6-6-1978; Ord. 604, passed 9-5-2000)

§ 155.004 SUBDIVISIONS.

All divisions of land within the city into two or more parcels will be subject to the subdivision regulations of the city. (See Ch. 154 of this code of ordinances.)

(Prior Code, § 155.04) (Ord. 560, passed 6-6-1978)

§ 155.005 PLANNED UNIT DEVELOPMENTS.

All parcels of land developed as an integrated, coordinated parcel of mixed uses will be subject to the Planned Unit Development District standards as described in this chapter. Planned unit developments in the Shorelands District will be subject to the city’s Shorelands Ordinance as well as the Planned Unit Development District standards in this chapter.

(Prior Code, § 155.05) (Ord. 560, passed 6-6-1978)

§ 155.006 CITY SALE OF LAND.

(A) (1) For purposes of city ordinances, the PROJECT DEVELOPER is defined as the owner, applicant and/or title holder of property to be developed.

(2) In the case of joint ownership, or the sale of property by contract for deed, as part of the project, the pre-development costs shall be the responsibility of all parties involved in the transfer of property unless an agreement between all parties has been mutually accepted and documented.

(B) (1) In the case where the city is the seller of a parcel of land for the purposes of development, all mechanical or pre-development costs shall be the responsibility of the project developers as defined in this section.

(2) The project developer shall provide written notification to all contractors and subcontractors involved in the development project that the city will not be responsible for any pre- development costs if in fact the project fails to completely develop.

(3) The city shall receive copies of such notification for its records.

(Prior Code, § 155.06) (Ord. 560, passed 6-6-1978; Ord. passed 4-1-1997)

§ 155.007 SETBACK FROM PIPELINE EASEMENTS.

(A) Purpose. The purpose of the model setback ordinance set out in this section is to increase public safety by requiring that new development be set back from the pipeline locations.

(B) Applicability. This section applies to new residential and other development that has occurred or for which development permits have been issued before the effective date of this section.

(C) Setback. Buildings and places of public assembly subject to this section shall not be constructed closer to the pipeline than the boundary of the pipeline easement.

(D) Variances. Variance procedures adopted by the local unit of government under M.S. §§ 462.351 through 462.365, as they may be amended from time to time, shall apply.

(Prior Code, § 155.07) (Ord. 563, passed 8-6-1991) Penalty, see § 155.999

§ 155.008 PLACEMENT OF RESIDENTIAL DWELLINGS.

The city authorizes the placement of all residential dwellings in zones permitted by this chapter within the city if such dwellings comply with the following conditions.

(A) All dwellings shall comply with all zoning regulations for the zone in which they are located.

(B) A building permit and any other required permits shall be obtained for all dwellings.

(C) All dwellings shall be placed on permanent foundations which comply with the Uniform Building Code as adopted by the state and which are solid for the complete circumference of the building.

(D) Roof lines of all dwellings must have at least a three and one-half pitch.

(E) The minimum widths of all dwellings shall be at least 20 feet, measured from the face of exterior wall across the narrowest portion.

(F) All dwellings shall be constructed of conventional exterior dwelling type material. No steel roofing is allowed on dwelling units, except in conformance with the Uniform Building Code.

(G) All dwellings shall be built according to the Uniform Building Code as adopted in the state, and all manufactured dwellings shall be built and installed in accordance with M.S. §§ 327.31 to 327.35, as they may be amended from time to time.

(H) This section shall have no application to manufactured dwellings placed in a licensed manufactured home park.

(Prior Code, § 155.08) (Ord. 561, passed 2-5-1991; Ord. 591, passed 7-7-1998) Penalty, see § 155.999

§ 155.009 OPT-OUT OF M.S. § 462.3593.

Pursuant to authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the city opts out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.

(Ord. 04-2016, passed 7-12-2016)