This chapter identifies yard, lot area, building size, building type, and height requirements in each zoning district. (Ord. 674, sec. 1, 7-17-2000)

No structure, except piers, docks, and retaining walls shall be placed at an elevation such that the lowest floor, including basement floor, is less than three feet (3') above the highest known water level, or less than one foot (1') above the 100-year regulatory flood protection elevation, if determined, of any adjacent lake, pond, river, watercourse, or wetland. If sufficient data on known high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the building official. (Ord. 674, sec. 1, 7-17-2000)

The lowest floor, including basement floor, of all structures shall be at a level at least three feet (3') above the highest known groundwater table elevation. If requested by the building official, the groundwater table elevation shall be determined by a licensed soils engineer using soil borings, piezometers, or the observation of mottled soils. (Ord. 674, sec. 1, 7-17-2000)

   A.   "Building height" shall be defined for the purposes of this title as a distance measured from the mean ground level to the mean height of the roof as follows:

   B.   The specific regulation of building height within the various zoning districts shall be as set forth in those sections of this title.

   C.   No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty five percent (25%) of the area of such roof nor exceed ten feet (10') unless otherwise noted.

   D.   The building height limits established herein for districts shall not apply to the following:

      1.   Belfries.

      2.   Church spires and crosses or other symbols as an element of the principal building.

      3.   Cupolas and domes which do not contain usable space.

      4.   Flagpoles.

      5.   Parapet walls extending not more than three feet (3') above the limiting height of the building.

      6.   Poles, towers and other structures for essential services.

      7.   Necessary mechanical and electrical appurtenances, including, but not limited to, chimneys or flues, cooling towers or elevator penthouses.

      8.   Agricultural buildings on farm properties.

      9.   Wind energy conversion system towers as regulated by chapter 29 of this title.

      10.   Antenna support structures as regulated by chapter 30 of this title.

   E.   Building heights in excess of the standards established within the individual zoning districts or this section may be allowed through a conditional use permit provided that:

      1.   The site is capable of accommodating the increased intensity of use.

      2.   The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets.

      3.   Public utilities and services are adequate.

      4.   For each additional story or for each additional ten feet (10') above the maximum building height allowed within the applicable zoning district, front and side yard setback requirements shall be increased by five feet (5').

      5.   The increased height is not in conflict with airport zoning regulations as provided in chapter 36 of this title.

      6.   The performance standards and criteria of chapter 4 of this title are considered and satisfied. (Ord. 867, sec. 29, 5-17-2010; amd. Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021)

Buildings in all zoning districts shall maintain a high standard for exterior architecture to ensure a high quality of development and land use compatibility that contribute positively to community image in regard to material quality, visual aesthetics, permanence and stability and to prevent use of materials that are unsightly, deteriorate rapidly, contribute to depreciation of area property values, or cause urban blight.

   A.   General Provisions:

      1.   General Design Concept: Building and/or project designs shall utilize materials, colors, or details to meet the intent of these architectural standards.

      2.   Design Elements: Projects may be required to utilize building ornamentation features, including, but not limited to: columns, arches, parapets, cornices, friezes, canopies, moldings, dentils, corbels, quoins, rustication, vaults, domes, and cupolas.

      3.   Corporate Identity: The intent and purpose of these architectural standards supersede corporate identity designs; when a corporate identity design does not meet the intent and purpose of the architectural standards, the corporate identity design shall be limited to the area immediately adjacent to the main entry but shall otherwise be consistent with the intent of this section.

      4.   Area Plans: Projects in special areas of the City shall comply with the standards adopted by the City Council. The special areas, as defined by the comprehensive plan or specialized studies, are:

         a.   Central Business District: "Historical Fairfield District of Downtown Lakeville Design Guidelines".

         b.   Community corridors and gateways: "Corridor and Gateway Design Study".

         c.   Downtown development guide.

   5.   Definitions: For the purposes of this section, the allowed building materials or finishes shall be defined as:

ACID ETCH: A finish achieved by casting concrete against a smooth, hard surface. After removal from the form the element is allowed to harden to a uniform hardness. The element is then washed with an acid solution and scrubbed to remove the cement surface to a sand level resulting in a smooth, sand textured surface.

BRICK: The conventional molded rectangular block of baked clay, nominal four inch (4") width.

BRICK AND STONE FACE: A thin fired clay brick faced or stone faced architectural precast or tilt-up concrete panel with a cavity cast in, or a plate cast in if the brick runs to the bottom of the edge so that the brick can be set in the panel after its removal from the form exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic.

CAST STONE: A finish achieved by ramming moist zero slump concrete against smooth rigid formwork until the product is densely compacted and ready for removal from the form. After curing, the panel may be hand rubbed or acid etched.

   c.   Casting concrete against a smooth hard surface. After removal from the form, the finished surface is sandblasted to remove the matrix and expose, as well as etch, the coarse aggregate.

FORM LINERS: A finish achieved by the use of plaster, rubber, grained wood, rope or other material as a liner in the casting form to impart a particular finish to the face of the panel.

LIGHT SANDBLAST: A finish achieved by casting concrete against a smooth, hard surface. After removal from the form, the element is given a light sandblasting removing the cement skin from the surface resulting in a smooth, sand textured surface.

MASONRY VENEER: A finish having a manufactured non-structural external veneer layer of thin fired clay brick, or natural/artificial stone exhibiting coursing and joint treatment to match hand-laid brickwork or stonework aesthetic either anchored or attached directly to an internal structural wall manufactured as a unit off-site.

SMOOTH AS CAST: Concrete placed against a hard, smooth formwork to achieve a smooth "as cast" finish on the precast element.

TOOLED: A finish achieved by casting concrete against a smooth or specifically textured or patterned formwork. After removal from the form, the hardened surface is treated mechanically to create the desired effect such as "fractured fin" or "bush hammered."

   B.   Exterior Building Finishes: For the purpose of this subsection, materials shall be divided into grades and categories as follows:

      1.   Grade A:

         a.   Brick, brick face, or custom masonry units (CMU) having a bricklike appearance.

         b.   Natural or artificial stone.

         c.   Glass.

      2.   Grade B:

         a.   Specialty concrete block such as textured, burnished block or rock faced block with integral color or stain exceeding ASTM G154.

         b.   Architecturally precast concrete panels having an exposed aggregate, light sandblast, acid etch, form liner, smooth as cast, tooled, masonry veneer, and/or cast stone type finish.

         c.   Masonry stucco.

         d.   Ceramic.

      3.   Grade C:

         a.   Exterior insulation and finish system (EIFS).

         b.   Opaque panels.

         c.   Ornamental metal.

         d.   Fiber-cement exterior siding.

         e.   Architectural panels with simulated wood or other natural material finish.

      4.   Grade D:

         a.   Smooth as cast concrete block.

         b.   Smooth scored concrete block.

         c.   Glass block.

         d.   Wood provided that the surfaces are finished for exterior use or the wood is of proven durability for exterior use, such as cedar, redwood or cypress.

      5.   Grade E:

         a.   Steel, aluminum.

      6.   Grade F:

         a.   Vinyl.

      7.   Steel Or Aluminum Buildings: Except in association with farms as defined by this title, no galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as COR-TEN steel shall be permitted in any zoning district.

      8.   Integral Color: For the purpose of this section, exterior finish materials requiring integral color shall not include natural gray.

      9.   Foundations: Building foundations not exceeding one foot (1') and other such portions of a building's facade below the elevation of the first floor need not comply with the requirements for the primary facade treatment or materials.

      10.   Exceptions: Garage doors, window trim, flashing accent items and the like, shall not constitute required materials that make up the exterior finish of a building for the purposes of this section.

   C.   Residential Uses:

      1.   The primary exterior building finish for residential uses shall consist of grade A, B, C, D, E and/or F materials.

      2.   Required use of exterior building materials for buildings within the RST-2, RM-1, RM-2, RM-3, RH-1 and RH-2 Districts shall be as set forth by the respective zoning districts.

   D.   Commercial, Office and Institutional uses: The exterior of commercial, office and institutional buildings shall comply with the following requirements:

      1.   Commercial Districts (except O-P District):

         a.   The exterior building finish shall use at least three (3) grade A materials, except that buildings may be constructed primarily of one (1) specific grade A material provided the design is obviously superior to the general intent of this title, provides variation in detailing, footprint of the structure or deviations in long wall sections to provide visual interest.

         b.   The exterior building finish shall be composed of at least sixty five percent (65%) grade A materials; not more than thirty five percent (35%) grade B or grade C material and not more than ten percent (10%) grade D materials.

         c.   Masonry veneer may be used for principal buildings with a gross floor area of less than ten thousand (10,000) square feet to satisfy the grade A material requirements of this section.

      2.   O-P District uses:

         a.   The exterior building finish of the front and any side and rear elevations visible from public right(s)-of-way, parks, public view from adjacent properties, or residential uses or districts (as determined by the Zoning Administrator), shall be composed of at least two (2) or more materials that consist of at least sixty-five percent (65%) grade A materials, not more than thirty-five percent (35%) grade B and grade C materials, and not more than ten percent (10%) grade D materials.

            (1)   Architecturally precast concrete panels with a form liner, tooled, brick and stone face, cast stone, and/or smooth type finish may be used to satisfy the grade A material requirements of this section.

            (2)   Masonry veneer may be used for principle buildings with a gross floor area of less than ten thousand (10,000) square feet to satisfy the grade A material requirements of this section.

         b.   Side or rear elevations not visible from public right(s)-of-way, parks, public view from adjacent properties or residential uses or districts shall use a combination of grade A, B, or C materials for the exterior building finish.

         c.   Buildings shall have an office design, as opposed to a warehouse design, with a two-story appearance by the use of windows (clear or opaque) and other design treatments that define “floors” on the front and any side or rear elevations visible from public right(s)-of-way, parks, public view from adjacent properties, or residential uses or districts.

      3.    Institutional uses regardless of zoning district:

         a.   The exterior building finish shall be composed of at least sixty five percent (65%) grade A materials, not more than thirty five percent (35%) grade B and C materials, and not more than ten percent (10%) grade D materials.

         b.   Architecturally precast concrete panels with a form liner, tooled, brick and stone face, and/or cast stone type finish may be used to satisfy the grade A material requirements of this section.

         c.   Masonry veneer may be used for principal buildings with a gross floor area of less than ten thousand (10,000) square feet to satisfy the grade A material requirements of this section.

      4.   All elevations of the principle and accessory structures are to have essentially the same or coordinated harmonious exterior finish with the exception of material uses as defined in subsection 2.a, b, and c above.

   E.   Industrial Uses:

      1.   The primary exterior building finish for buildings within Industrial Districts shall consist of grade A, B, C, D and/or E materials.

      2.   Steel or aluminum curtain wall panels (nonstructural, nonload bearing) shall be allowed within Industrial Districts provided that:

         a.   The panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design.

         b.   The building shall be required to be faced with grade A, B, C or D material on wall surfaces abutting public rights-of-way, a nonindustrial zoning district, an adjacent industrial building with brick, wood, stone or decorative concrete wall surfaces, residential uses, or public areas. The required wall surface treatment may allow a maximum of fifty percent (50%) of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural design and is similar to the building frontage.

   F.   For lots of record established after January 1, 1994, each single family dwelling shall include an attached garage meeting the requirements of section 11-18-7 .D of this title.

   G.   Exceptions: Exceptions to the provisions of this section may be granted as a conditional use subject to the following criteria:

      1.   The use is an airport or essential service as defined by this title; or

      2.   The applicant shall have the burden of demonstrating that:

         a.   The proposed building maintains the quality in design and materials intended by this title.

         b.   The proposed building design and materials are compatible and in harmony with other structures within the district.

         c.   The justification for deviation from the requirements of this section shall not be based on economic considerations.

      3.   A maintenance plan for use of alternative materials or for an exception to the exterior finish requirements of this section may be required by the City Council as a condition of approval to insure consistency with the intent of this section.

Except as provided below, no lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this title, and if the existing yard or other open space is less than the minimum required, it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another structure.

   A.   Exceptions: The following shall not be considered as encroachments on yard setback requirements:

      1.   Cantilever building sections without a foundation and supported only by one wall of the structure, building elements supported by a foundation including chimneys, flues, leaders, sills, pilasters, lintels and other ornamental features up to ten feet (10') in width, and cornices, eaves, gutters, and the like may project not more than two feet (2') into a yard.

      2.   Terraces, steps, decks, stoops or similar structures:

         a.   For lots of record or preliminary platted lots established prior to March 17, 2003: Except as may be limited within environmental protection districts, terraces, steps, decks, stoops or similar structures constructed to the height of the ground floor of the principal structure may extend up to five feet (5') of a side yard lot line or ten feet (10') of a rear yard lot line, but not more than five feet (5') into a required front yard or side yard adjacent to a public right-of-way.

         b.   For lots of record or preliminary platted lots established after March 17, 2003: Except as may be limited within environmental protection districts the required side yard and rear yard setbacks for terraces, steps, decks, and stoops that are thirty inches (30") or less above grade shall be:

            (1)   Side yard: Five feet (5'), but not encroaching more than five feet (5') into the required side yard adjacent to a public right- of-way.

            (2)   Rear yard: Ten feet (10').

         c.   Except as may be limited within environmental protection districts, the required rear yard setbacks for steps, decks, and stoops that are more than thirty inches (30") above grade shall be twenty feet (20').

   3.   Ramps, lifts, railings, landings or other structures only to the extent necessary to provide access to the building for persons with disabilities in accordance with the Americans With Disabilities Act requirements.

   4.   Recreational and laundry drying equipment, arbors and trellises, gazebos, and air conditioning or heating equipment shall be allowed only in a rear or side yard, provided they are at a distance of five feet (5') from any lot line. No encroachment shall be permitted in existing or required drainage and/or utility easements.

   5.   For detached single-family or two-family dwellings in the Agricultural/Rural and Residential Districts, a one story enclosed entrance not exceeding ten feet (10') in width may extend into the front yard setback not more than five feet (5'), subject to the approval of an administrative permit and a building permit.

   6.   No encroachment shall be permitted in existing or required drainage and utility easements.

   B.   Restricted Uses And Areas: The required rear yard setback for a residential lot in an RS-2, RS-3, or RS-4 District backing onto a floodplain, a public open space, park, or other such similar publicly reserved and development restricted areas (excluding shorelands and public rights-of-way) may be reduced as follows:

      1.   The required rear yard setback may be reduced one foot (1') for each five feet (5') of public space, but in no case shall the rear yard requirement be reduced to less than twenty feet (20').

      2.   For rear yards abutting wetland or wetland buffer areas, the rear yard setback may be reduced as provided for by subsection B1 of this section provided the requirements of section 11-16-13 of this title are met.

   C.   Required Front Yard Setback Exceptions: In the case of lots platted prior to January 1, 1985, the principal building setback requirements for front and side yards adjacent to a public right- of-way, as established by the respective zoning districts, may be reduced upon the approval of an administrative permit, to a distance equaling the average setback of principal buildings within the block frontage in which the lot is located. In no case shall this distance be less than fifteen feet (15'), nor shall a principal structure be placed more than seven feet (7') beyond the setback of any principal structure on a directly abutting lot.

   D.   Triangular Lots: In the case of triangular lots, where the rear lot line is a single vertex, the rear yard setback points of reference shall be determined by measuring the length of the setback distance from the vertex along the side lot lines. The rear setback line shall be determined by traversing the lot and connecting these points of reference.

(Ord. 674, sec. 1, 7-17-2000; amd. Ord. 739, sec. 1, 5-5-2003; Ord. 867, secs. 31, 32, 5-17-2010; Ord. 888, 2-21-2012; Ord. 936, 3-16-2015; Ord. 976, 3-6-2017; Ord. 1015, 8-5-2019)

   A.   Single-Family Dwelling Units: Except as otherwise specified in the zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, single- family homes as classified below shall have the following minimum floor areas per unit:

 

 

   B.   Multiple Dwelling Units: Except as otherwise specified in zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, living units classified as multiple dwelling (excepting elderly housing) shall have the following minimum floor areas per unit:

 

 

   C.   Senior Housing: Except as otherwise specified in the zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, living units classified as senior housing units shall have the following minimum floor areas per unit:

 

 

   D.   Detached Townhouses, Two-Family And Townhouses: Except as otherwise specified in the zoning district provisions, or except as allowed by conditional use permit based upon justifiable cause, two-family and townhouses, as classified below, shall have the minimum floor area per unit:

 

 

   E.   Detached townhouse, two-family, townhouse, and multiple family dwellings qualified for meeting the city’s allocation of regional affordable housing as defined by the comprehensive plan may be exempted from the minimum floor area requirement of this section by approval of a conditional use permit, provided guarantees satisfactory to the city are in place to ensure that “for sale” housing will meet the requirement for initial sales and “for rent” housing will meet the requirement for the initial ten (10) year rental period. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 866, sec. 3, 5-17-2010; Ord. 867, sec. 2, 5-17-2010; Ord. 1031, 6-1-2020; Ord. 1052, sec. 3, 9-7-2021)

Principal buildings for commercial and industrial uses having less than two thousand (2,000) square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in chapter 4 of this title. (Ord. 867, sec. 33, 5-17-2010)

Lot sizes where public sewer is not available shall conform to the minimum requirements set forth below:

   A.   Single-Family Dwelling:

      1.   Except as herein provided, the minimum single-family lot size is ten (10) acres. (Ord. 674, sec. 1, 7-17-2000)

      2.   The minimum lot size of ten (10) acres shall not apply to smaller separate parcels of record in separate ownership existing prior to January 1, 1984, provided that they comply with minimum standards for the district in which they are located or chapter 15 of this title and that it can be demonstrated by means satisfactory to the City that the smaller parcels will not result in groundwater, soil or other contamination which may endanger the public health. (Ord. 979, 5-15-2017)

   B.   Prohibited Structures:

      1.   Dwelling unit structures other than single-family detached units are prohibited.

      2.   Religious facilities, schools and other nongovernment institutional uses. (Ord. 867, sec. 34, 5-17-2010)

   C.   Commercial And Industrial Buildings And Uses: Subject to the other provisions of this title, commercial and industrial uses, as allowed within the respective zoning districts, may be allowed on unsewered lots that are not within the current Municipal urban service area (MUSA) defined by the Comprehensive Plan or on unsewered lots within the current MUSA where public sanitary sewer is not available to the property to allow connection as determined by the City Engineer by interim use permit, provided that:

      1.   Except as herein provided, the minimum lot size for each principal use is ten (10) acres. The minimum lot size shall not apply to smaller separate parcels of record in separate ownership lawfully existing prior to November 7, 1977, provided the conditions of the conditional use permit are met.

      2.   An interim use permit shall not be granted unless it can be demonstrated by means satisfactory to the City that the use:

         a.   Will not result in groundwater, soil or other contamination which may endanger the public health.

         b.   Will not increase future City utility service demands and expense.

         c.   Will not jeopardize public safety and general welfare.

      3.   The interim use permit shall terminate upon the property being included in the MUSA and where public sanitary sewer is available to the property to allow connection as determined by the City Engineer in addition to the provisions of section 11-5-7 of this title. (Ord. 897, 12-3-2012)

   A.   Lots Of Record And Preliminary Platted Lots Having Legal Standing On January 1, 1994: Except as may be otherwise required by this title, the area of a lot shall be measured as the area of a horizontal plane within the lot lines.

   B.   Lots Of Record Established After January 1, 1994: Except as may be otherwise allowed by this title, the area of a lot shall be measured as the area of a horizontal plane within the lot lines excluding "major drainageways", as defined by the water resources management plan, wetlands, water bodies, road rights- of-way, required buffer strips, regional utility/pipeline easements, and slopes steeper than three to one (3:1). (Ord. 886, 1-3-2012)

   C.   Exceptions:

      1.   Exceptions to the "lot area" definition provided for by this section for lots of record created after January 1, 1994, but not including preliminary platted lots having legal standing on January 1, 1994, may be allowed as follows:

         a.   Steep Slopes: Subject to the approval of an administrative permit, lots containing slopes steeper than three to one (3:1) may be included in the lot area minimum provided that:

            (1)   If applicable, flood control measures are implemented.

            (2)   The construction will not adversely affect area stormwater drainage.

            (3)   Natural vegetation is protected and preserved pursuant to applicable tree preservation policies and regulations and Shoreland District standards.

            (4)   The structure conforms to the natural limitations presented by topography and soil so as to create the least potential of soil erosion.

            (5)   Appropriate measures are utilized to control erosion subject to the approval of the City Engineer.

         b.   Lot Area Expansion: The minimum gross lot area shall not be required to be expanded by more than one hundred percent (100%) as a result of excluding watercourses as defined by the water resources management plan, wetlands, wetland buffers, water bodies, public rights of way, regional utility/pipeline easements, and slopes steeper than three to one (3:1).

      2.   Unsewered single-family lots created after August 4, 2008: Watercourses as defined by the water resources management plan, wetlands, wetland buffers, water bodies, public rights of way, regional utility/pipeline easements, and slopes steeper than three to one (3:1) may be included in the minimum lot area for unsewered lots provided that:

         a.   The requirements of subsection 11-17-19A of this chapter shall be met.

         b.   The lot shall have a minimum gross area of ten (10) acres with a contiguous buildable area of at least two and one-half (2.5) net acres. For the purpose of this section, the "net contiguous buildable area" shall mean:

            (1)   The area within the lot excluding watercourses as defined by the water resources management plan, wetlands, wetland buffers, water bodies, public rights of way, regional utility/pipeline easements, and slopes steeper than three to one (3:1).

            (2)   An area within the lot for the location of principal and accessory structures and individual sewage treatment system meeting required setbacks and having a minimum width of two hundred feet (200') in any dimension uninterrupted by those areas excluded by subsection C2b(1) of this section.

         c.   A sketch plan shall be submitted by the property owner taking into consideration the future watercourses as defined by the water resources management plan, wetlands, wetland buffers, water bodies, public rights of way, regional utility/pipeline easements, and slopes steeper than three to one (3:1) that would be excluded from the minimum lot area definition at such time that the lot is served with city sanitary sewer. (Ord. 867, sec. 36, 5-17-2010)

All single-family detached homes except in the RSMH district and in approved manufactured home parks shall:

   A.   State Building Code: Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code.

   B.   Measurements: Not be less than thirty feet (30') in length and not less than twenty two feet (22') in width over that entire minimum length. Width measurements shall not take into account overhangs and other projections beyond the principal walls. Dwellings shall also meet the minimum floor area requirements as set out in this chapter.

   C.   Roof: Have an earth covered, composition, metal, shingled or tiled roof.

   D.   Receive A Building Permit: The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used, and the delineation of future deck, porch and/or garage additions whether or not such construction is intended. The exterior architectural design of a proposed dwelling may not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the surrounding neighborhood as to adversely affect the public health, safety or general welfare.

   E.   Requirements: Meet the requirements of the state building code or the applicable manufactured housing code. (Ord. 674, sec. 1, 7-17-2000)

   F.   Site Plan:

      1.   For lots of record and preliminary platted lots having legal standing established on January 1, 1994, all site plans for single-family homes shall provide for the location of a two (2) stall garage, whether or not construction is intended.

      2.   For lots of record established after January 1, 1994, all site plans for single-family homes must provide for the location of a three (3) stall attached garage, whether or not construction is intended. (Ord. 867, sec. 37, 5-17-2010)

   A.   Compliance Required: Such activity shall comply with title 9, chapter 2 of this code.

   B.   Dwellings: The relocation of a building previously occupied as a dwelling to any parcel within the city shall comply with the following requirements:

      1.   Moving a dwelling onto a parcel within the permanent rural area or urban reserve area, as defined by the comprehensive plan, shall require approval of an administrative permit in compliance with chapter 8 of this title, provided that:

         a.   The use is allowed in the respective zoning district that includes the lot or parcel to which the dwelling is to be relocated.

         b.   The lot or parcel to which the dwelling is to be relocated shall be at least ten (10) acres in area.

      2.   Moving a dwelling onto a lot within the MUSA or MUSA expansion areas, or to a lot in the permanent rural or urban reserve area not meeting the criteria of subsection B1 of this section shall require approval of a conditional use permit in compliance with chapter 4 of this title, provided that the building maintains architectural and aesthetic compatibility with surrounding properties based upon, but not limited to, the following factors:

         a.   Building massing, height, and floor area.

         b.   The type, grade and quality of exterior building finish.

         c.   The dwelling is to receive an occupancy permit from the city building official within six (6) months from the date the conditional use permit is issued. (Ord. 730, sec. 11, 3-17-2003)