(A)   Short title. This chapter shall be known and may be cited as the “Lonsdale Zoning Code.”

   (B)   Purpose and intent. This chapter is adopted for the following purposes:

      (1)   To promote the health, safety, comfort, convenience and general welfare of the inhabitants of the city;

      (2)   To minimize congestion in the public rights-of-way, securing safety from fire, panic and other dangers, provide for adequate light and air, and preventing the overcrowding of land;

      (3)   Avoiding undue concentration of population, facilitating the adequate provisions of transportation, water, sewage, parks, and other public requirements;

      (4)   To promote a more efficient and desirable utilization of land by recognizing special land features, such as topography, soils, vegetation, wetland areas, and wildlife;

      (5)   Conserving and developing natural resources and maintaining a high standard of environmental quality;

      (6)   To divide the city into zones or districts as to the compatible use of land and structures for residential business, and industrial purposes;

      (7)   To prohibit the use of buildings, structures, and lands that are incompatible with the intended use or development of lands within the specified zones;

      (8)   Providing for the compatible and appropriate use of land throughout the city;

      (9)   Promoting orderly development of residential, commercial, industrial, recreational and public areas;

      (10)   Minimizing pollution of all types;

      (11)   Providing for the administration of this chapter and amendments thereto;

      (12)   Defining the powers and duties of the administrative officers and bodies;

      (13)   Describing penalties for the violation of provisions of this chapter or any amendment thereto.

(Ord. passed 2-29-1996)

   The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

   (A)   Any use not herein expressly permitted is hereby expressly prohibited;

   (B)   The singular number includes the plural and the plural the singular;

   (C)   The present tense includes the past and future tense and the future, the present;

   (D)   The word “shall” is mandatory and the word “may” is permissive;

   (E)   Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof.

(Ord. passed 2-29-1996)

   For the purpose of this chapter, the following definitions shall apply unless the context specifically indicates or requires a different meaning.

   ABUTTING. Having a common border or property line or separated only by streets, railroad tracks or a public utility right-of-way.

   ACCESS. A means of vehicular approach or entry to or exit from property.

   ACCESSORY USE, STRUCTURE OR BUILDING. A use, structure or building or portion of a structure subordinate to and serving the principal use or structure on the same lot and clearly and customarily incidental thereto.

   AGRICULTURE. The use of land for growing and producing field crops. Keeping or producing of livestock and poultry and all activities incident thereto. The term shall not include feedlots, the raising of fur-bearing animals, nor the operations of riding academies, commercial stables and kennels.

   ALTERATION. Any change or rearrangement, other than incidental repairs, in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another, which would prolong the building's life.

   ANIMAL HOSPITAL. A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

   ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whip antennas.

   APARTMENT. A room or suite of rooms in a multiple-family dwelling structure which is arranged, designed, used or intended to be used as a dwelling unit for a single family.

   APPLICANT. The owner of land proposed to be subdivided or rezoned, or his or her legal representative.

   AUTOMOBILE REPAIR–MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work, welding and major painting surface.

   AUTOMOBILE REPAIR–MINOR. The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service when the service above stated is applied to passenger automobiles and trucks, not in excess of 7,000 pounds gross vehicle weight.

   AUTOMOTIVE SERVICE STATION. A retail place of business engaged primarily in the sale of motor vehicle fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services and the performance of automotive maintenance and repair.

   BANNERS and PENNANTS. Attention-getting devices which resemble flags and are of a paper, cloth or plastic-like material.

   BASEMENT. A portion of a building located entirely or partially underground, but having half or less than its floor to ceiling height below the average grade of the adjoining ground. A basement shall be counted as a story, except that a basement, the ceiling of which does not extend more than five feet above the curb level or above the highest level of the adjoining ground, shall not be counted as a story.

   BERM. A mound of earth, or the act of pushing earth into a mound.

   BLOCK. An area of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, boundaries of a subdivision or boundaries of the municipality.

   BOND. Any form of security including cash deposit, surety bond or letter of credit in an amount and form satisfactory to the Council and filed with the office of City Treasurer.

   BOULEVARD. The portion of the street right-of-way between the curb line or surfaced roadway and the property line.

   BUFFER. The use of land, topography, difference in elevation, space, fences or landscape planting to screen or partially screen a use or property from division of another use or property, and thus reduce undesirable influences, such as site, glare, noise, dust and other external effects.

   BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind. In addition, when the structure is divided by party walls without opening, each portion of the building so separated shall be deemed a separate building.

   BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space from other buildings or structure by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

   BUILDING COVERAGE. The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

   BUILDING, DETACHED. A building surrounded by an open space on the same lot.

   BUILDING, HEIGHT. The vertical distance measured from the average ground elevation adjoining the front walls of the building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, or to the average height between the eaves and ridge of a gable, hip or gambrel roof.

   BUILDING SETBACK LINE. A line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building setback lines delimit the area in which buildings are permitted subject to all applicable provisions of this chapter.

   BUILDING, RESIDENTIAL. A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families, and which includes, but is not limited to, the following types:

      (1)   Single-family dwellings;

      (2)   Two-family dwellings;

      (3)   Multiple-family dwellings;

      (4)   Townhouses.

   BUILDING, PRINCIPAL. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

   BUSINESS. Any establishment, occupation, employment or enterprises wherein merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

   CALIPER. A measurement of the size of the tree equal to the diameter of its trunk measured four and one-half feet above natural grade.

   CAPITAL IMPROVEMENTS PROGRAM. A proposed city schedule of future projects or capital purchases listed in order of priority together with cost estimates and the anticipated means of financing each project.

   CENTRAL WATER AND SEWER SYSTEM. A system serving a group of buildings, lots or a defined area of the city.

   CHURCH. A building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. Camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat houses, sleeping quarters for persons during spiritual retreats extending for periods of more than one day, Bible camps with live-in quarters, ritual slaughter houses, radio or television towers and transmission facilities, theological seminaries, day care centers, hospitals and drug treatment centers are not churches. A CHURCH as defined above may include living quarters for persons employed on the premises of the church.

   CLINIC (MEDICAL). A building in which a group of physicians, dentists and/or allied professional assistants are associated for carrying on their profession. The clinic may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.

   CLUB OR LODGE, PRIVATE. An association of persons who are bona fide members paying annual dues, which owns, hires or leases the building, property or a portion thereof; the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on the premises, provided adequate facilities are available.

   COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE. Licensed commercial wireless telecommunications service includes cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

   COMPREHENSIVE PLAN OR POLICIES. A computation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, as defined in the Minnesota Municipal Planning Act, and includes any part of the plan separately adopted and any amendment to the plan or parts thereof.

   CONDITIONAL USE. A use permitted in a particular zoning district only upon showing that the use in a specified location will comply with all the restrictions and standards for that location or operation of the use as specified by this chapter and authorized by the city.

   CONDOMINIUM. A form of individual ownership within a building which entails joint ownership and responsibility for maintenance and repairs of the land and other common property of the building.

   CONSTRUCTION PLAN. The map or drawing accompanying a subdivision plat and illustrating the specific location and design of improvements to be installed in the subdivision in accordance with city engineering and city code requirements and as conditioned in the approval of the plat.

   CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevation. Contour interval is the vertical height between contour lines.

   CONTRACTOR'S YARD. An area where vehicles, equipment and/or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced. The CONTRACTOR'S YARD includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business.

   CONVALESCENT, NURSING AND REST HOME. A home for aged, chronically ill or convalescent persons in which two or more persons not of the immediate family are received, kept or provided with food, shelter and care of compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

   COOPERATIVE. A multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise.

   CORNER LOT. See LOT, CORNER.

   COUNTY. Rice County, Minnesota as appropriate.

   COUNTY RECORDER. The County Recorder when referring to abstract or registered property under the Torrens system in Rice County.

   COVENANT. A contract between two individuals which constitutes a restriction of a particular parcel of land.

   COVERAGE. See LOT COVERAGE.

   CUL-DE-SAC. See STREETS AND ALLEYS.

   DEFLECTION. The angle between a line and the prolongation of the preceding line.

   DENSITY. A number expressing the relationship of the number of dwellings to an acre of land.

   DEVELOPER. The owner of land proposed to be subdivided or his or her legal representative.

   DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

   DEVELOPMENT IDENTIFICATION SIGN. A permanent ground low profile sign which identifies a specific residential, industrial, commercial or office development and which is located on the premises of the development which it identifies.

   DISTRICT. See ZONING DISTRICT.

   DRIVE-IN USE. An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicle.

   DWELLING. A building or portion thereof designed or used exclusively for human habitation, including single-family, two-family, multiple-family and townhouse dwellings, but not including hotels or motels.

   DWELLING, ATTACHED. An attached dwelling is one which is joined to another dwelling or building at one or more sides by a party wall or walls.

   DWELLING, DETACHED. A detached dwelling is one which is entirely surrounded by open space on the same lot.

   DWELLING UNIT. One room, or rooms, located in a dwelling which are connected together constituting a complete, separate and independent housekeeping unit for owner occupancy, rental or lease, physically separated from any other room or dwelling unit which may be in the same structure, and containing independent cooking, sleeping and sanitary facilities, but not including hotels, motels, boarding or rooming houses, tourist homes, mobile homes, travel trailers or tents.

   DWELLING, SINGLE-FAMILY. A detached building containing one dwelling unit designed for occupancy by one family.

   DWELLING, TWO-FAMILY. A detached dwelling containing two dwelling units, designed for occupancy by not more than two families.

   DWELLING, MULTIPLE-FAMILY or APARTMENT BUILDING. A detached building containing three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided. Condominiums and cooperatively-owned multiple residential dwellings are multiple-family dwellings for purposes of this chapter.

   EASEMENT. A limited ownership interest in land enabling the construction and maintenance of public services and utilities thereon including, but not limited to, sanitary sewers, water mains, electrical lines, telephone lines, storm sewer or storm drainage facilities, gas lines, and conservation and pedestrian trails.

   EFFICIENCY UNIT. A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.

   ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.

   ESSENTIAL SERVICES. The erection, construction, alteration or maintenance of underground, surface or overhead services such as but not limited to electrical, communications, gas, steam, water and sewerage transmission and collection systems, and the equipment and appurtenances necessary for the systems to furnish an adequate level of public service.

   EXTERIOR STORAGE. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

   EXTRACTION. The removal, filling with, or storage of rock, sand, gravel, clay, silt or other like material.

   EXTRACTION PERMIT. A permit approved by and issued by the city, to remove, excavate, fill with or store rock, sand, gravel, clay, silt or other like material.

   FACADE. That portion of any exterior elevation of a building exposed to public view extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.

   FAMILY. Any number of individuals generally but not necessarily related by blood and marriage, living together at one location as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or rooming house, tourist home, hotel or motel.

   FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

   FENCE, SOLID. A solid fence is a fence which provides a visual barrier between adjacent property and the area enclosed.

   FILL. Sand, gravel, earth or other material of any composition whatsoever placed or deposited by humans.

   FINANCIAL INSTITUTION. A financial institution is a commercial banking establishment or savings and loan association chartered by the State of Minnesota or the United States.

   FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall include basement floor area, elevator shafts and stairwells at each floor, penthouses, attic space having headroom of 7 feet or more, interior balconies and mezzanines, enclosed porches and floor-area devoted to accessory uses. However, any space devoted to mechanical equipment, parking or loading shall not be included in the floor area. The floor area for enclosed space having a floor to ceiling height in excess of 20 feet shall be computed on the basis that each 15 feet of height shall be equal to one floor for the purposes of computation.

   FLOOR AREA RATIO (F.A.R.). The numerical value obtained by dividing the floor area of a building by the total size of the lot.

   FRONT LOT LINE. See LOT LINE, FRONT.

   FRONT YARD. See YARD, FRONT.

   FRONTAGE. That boundary of a lot which abuts an existing or dedicated public street.

   GARAGE, PRIVATE. A detached accessory building or portion of the principal building, including a car port, which is used primarily for storing passenger vehicles.

   GARAGE, PUBLIC. A building used for the storage or care of power driven vehicles, or where the vehicles are equipped for operation, repair, or kept for storage, hire or sale.

   GARDEN CENTER. A place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold. These items may include plants, handicrafts, nursery products and stock, fertilizers, potting soil, hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels and other garden and farm tools and utensils.

   GENERAL DEVELOPMENT PLAN. A report in text and in map form with the map drawn to scale depicting the general location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities and the like, as related to a proposed development.

   GRADE. Grade is an average level of the finished surface of the ground adjacent to the exterior walls of the building or structure, or the slope of a street, specified in percentage terms.

   GREENHOUSE. A structure used for the cultivation or protection of flowers, vegetables and nursery stock.

   GROUP HOME, RESIDENTIAL. A building or structure where persons reside for purposes of rehabilitation, treatment or special care. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or dependency.

   HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises in connection with which there is no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling. There shall be no commodities sold upon the premises and no person employed therein other than a member of the immediate family residing on the premises or domestic servants; and no mechanical or electrical equipment shall be used except such as is normally used for purely domestic or professional purposes. No accessory buildings, other than existing agricultural accessory structures on the effective date of this chapter, shall be used for home occupations. Clinics, hospitals, barbershops, beauty parlors and animal hospitals are not home occupations.

   HORTICULTURE USE. The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock including plants and trees, and cultured sod.

   HOSPITAL. An institution providing persons with intensive medical or surgical care and devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.

   HOTEL. A building containing guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

   IMPERVIOUS SURFACE. Impervious surfaces are those which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber constitute impervious surfaces.

      (1)   Are open for business more often;

      (2)   Require a greater number of staff; and

      (3)   Generate more vehicle traffic.

   RESTAURANT, FAST FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption (1) within restaurant building , (2) within a motor vehicle parked on the premises, or (3) off the premises as carry-out orders; and whose principal method of operation includes the following characteristics (a) food and/or beverages are usually served in edible containers or in paper, plastic or other disposable containers; (b) the customer is not served food at his or her table by an employee, but receives it at a counter, window or similar facility and carries it to another location on or off the premises for consumption.

   SIGN. Any object, device, display or structure, or part thereof, situated outdoors or visible through a window or door, which is used to advertise, announce, identify, display, direct or attract attention to a object, person, institution, organization, business, commodity, product, service, event or location, by means including words, letters, figures, design, symbols, fixtures, pictures, illumination or projected images.

      (1)   Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses;

      (2)   Creating cemetery lots;

      (3)   Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary.

(Ord. passed 2-29-1996; Am. Ord. 2018-287, passed 5-10-2018)

   (A)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.

   (B)   Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

   (C)   From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered in respect to height and area, added to, or relocated, and every use within a building or use accessory thereto, in the city, shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use or properties not in conformity with the regulations herein prescribed, shall be regarded as nonconforming, but may be continued, extended or changed, subject to the special regulations herein provided with respect to nonconforming properties or uses.

(Ord. passed 2-29-1996)

   This chapter does not abrogate any easement, covenant or any other private agreement, which is not legally enforceable, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than the easements, covenants or other private agreements, the requirements of this chapter shall govern.

(Ord. passed 2-29-1996)

   It is hereby declared to be the intention that the provisions of this chapter are separable in accordance with the following:

   (A)   If any court of competent jurisdiction shall adjudge any provisions of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in the statement.

   (B)   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to be a particular property, building or structure, the judgment shall not affect other property, buildings or structures.

(Ord. passed 2-29-1996)

   (A)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   ACCESSORY USE or STRUCTURE. A use or structure subordinate to and serving the principal use or structure on the same lot and used for purposes customarily incidental to those of the main use.

      (2)   ACCESSORY GARAGE. A larger typically detached building constructed for the purpose of storing vehicles or similar or related equipment. ACCESSORY GARAGES and structures greater than 120 square feet require a building permit.

      (3)   STORAGE or TOOL SHED. A one-story accessory building that is less than 120 square feet and used primarily for storage. A shed 120 square feet or less does not require a building permit unless they are permanently affixed to the ground, however a zoning compliance permit must be obtained. The requirements of this section do not apply to domesticated animal enclosures (doghouses) or children's playhouses, provided such structures are less than 25 square feet and five feet in height. However, domesticated animal enclosures or children's playhouses shall not be placed in the required front yards, shall not be placed closer than ten feet to any property line and shall not be permitted in existing utility and drainage easements

      (4)   PERMANENT HARD SURFACE FLOOR. Shall mean only non-aggregate impervious concrete or asphalt so as to prevent chemicals or other liquids from leaching into the ground.

   (B)   Requirements and regulations. Accessory uses and structures shall comply with the following standards and all other applicable regulations of this chapter.

      (1)   No accessory building, use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.

      (2)   The accessory use or structure shall be incidental to and customarily associated with the principal use or structure.

      (3)   The accessory use or structure shall be subordinate in area, extent, size and purpose to the principal use or structure served.

      (4)   The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. In no case shall an accessory structure be utilized as an independent residence, either permanently or temporarily.

      (5)   The accessory use or structure shall be located on the same zoning lot as the principal use or structure, except for accessory off-street parking and loading facilities, subject to the provisions of this chapter.

      (6)   The accessory use or structure shall not be injurious to the use and enjoyment of surrounding properties.

      (7)   The accessory use or structure shall not be permitted on any utility or drainage easement.

      (8)   One storage or tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings.

      (9)   An accessory use or structure shall be considered as an integral part of the principal building if it is located six feet or less from the principal building and shall comply in all respects with the requirements of this chapter applicable to the main building.

      (10)   The exterior design and color shall be the same or compatible with that of the principal building or be of earthen tone and in character with the surrounding built environment. Compatible means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause a difference to a degree to cause incongruity or a nuisance.

      (11)   In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, half the width of such alley may be included as rear yard depth, provided that the rear yard depth actually on the lot shall not be reduced to less than ten feet by the application of this exception.

      (12)   Unless mounted on a trailer or equipped with wheels, ice fishing houses or other such structures used or designed to be used as temporary shelters shall be considered accessory buildings and shall be subject to the setback, square footage and other regulations of this chapter.

      (13)   An accessory use or structure shall have a permanent hard surfaced floor.

   (C)   Residential districts. Standards for accessory buildings and structures in residential districts are as follows:

      (1)   Accessory buildings and structures size in residential districts shall be as follows:

 

      (2)   The accessory building or structure shall not exceed the height of the principal building structure or the average grade to peak height of 20 feet, whichever is less.

      (3)   Storage or tool sheds may encroach on side or rear yard setbacks, except in the case of a side yard of a corner lot abutting a public street. When encroachment into required side or rear yard setbacks is allowed, such storage or tool sheds shall be setback at least five from all adjoining lots. Storage or tool sheds shall not be located within any utility or drainage easement.

      (4)   Accessory structures or accessory garages shall conform to all applicable setback and lot coverage requirements for principal buildings.

   (D)   Commercial or industrial districts. Standards for accessory buildings and structures in commercial and industrial districts are as follows:

      (1)   No accessory building or structure shall exceed the height of the principal building accept by conditional use permit.

      (2)   Accessory buildings may be located any place to the rear of the principal building subject to the building code and the fire zone regulations, except where prohibited by other sections of this chapter.

      (3)   Accessory buildings shall conform to all applicable setback and lot coverage requirements for principal buildings.

   (E)   Nonconforming accessory uses and structures.

      (1)   No use or structure that is accessory to a principle nonconforming use or structure shall continue after such principal use or structure shall have been terminated, unless it shall thereafter conform to all regulations of the zoning district in which it is located.

      (2)   The burden of establishing that any non-conformity is lawfully existing under the provisions of this section shall, in all cases, be upon the owner of the nonconforming property and not upon the city.

(Ord. passed 2-29-1996; Am. Ord. 2006-201, passed 10-12-2006; Am. Ord. 2007-215, passed 10-29-2007)

   (A)   Nonconforming buildings and uses. Except as hereinafter provided, a nonconforming use or nonconforming structure, building and/or land shall not be extended or expanded.

   (B)   Nonconforming signs. Signs lawfully existing at the time of the adoption of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use. If the use of a nonconforming advertising sign structure is discontinued or its normal operation and maintenance is stopped for a period of 12 months, the structure shall be deemed an illegal use or structure and shall be removed by the owner of the property at the request of the City Council.

   (C)   Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of this chapter provided that it fronts on a public right-of-way and provided, further, that the width and area measurements are at least 60% of the minimum requirements of this chapter. Yard dimensions and other requirements for the lot shall conform to regulations for the district unless a variance is granted. If two or more lots or combinations of lots and portions of lots with contiguous street frontage in single ownership are of record on the effective date of this chapter, and if all or part of the lots do not meet with width and area requirements of this chapter for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter and no portion of the parcel shall be used or occupied which does not meet lot width and area requirements of this chapter, nor shall the parcel be so divided that any remaining lot does not comply with the requirements.

   (D)   Phasing out of nonconforming uses. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, maintenance, or improvement, but not including expansion, unless:

      (1)   The nonconformity or occupancy is discontinued for a period of more than one year. After a conforming use replaces a nonconforming use, all future uses must be conforming; or

      (2)   Any nonconforming use is destroyed by wind, fire, flood, explosion, earthquake, war, riot, or other similar peril to the extent of greater than 50% of its market value at the time of destruction, as determined by the county assessor, and no building permit has been applied for within 180 days of when the property is damaged. In making this determination, the county assessor, shall consider the market value of the entire nonconforming use. This determination of value shall be reviewed and approved by the City Council. In the event that a building permit is applied for within 180 days of the date of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent property.

   Expansion shall be defined as any structural alteration, change or addition that is made outside of the original building or any change in the building’s occupancy capacity or to the parking demand except those required or allowed by law or ordinance.

   (E)   Nonconforming junkyards. Within one year after the effective date of this chapter, all junkyards shall be completely enclosed within a building, fence, screen planting, or other device of such height as to screen completely the operations of the junkyard. Plans of the building or device shall be approved by the Planning Commission and the City Council before it is erected or put into place.

   (F)   Alterations.

      (1)   The lawful use of a building existing on the effective date of this chapter may be continued, although the use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use, all or partially conducted in a building or buildings, may be changed to another conforming use only upon determination that the new proposed use will be no more detrimental to its neighborhood and surroundings that is the use it is to replace. In determining relative, "detriment," the city shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust and smoke; fire hazards; and hours and manner of operation. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed into a less restricted use.

      (2)   Residential alterations. Alterations may be made to a nonconforming residential building when they will improve the livability of the units, provided, however, that they do not increase the number of dwelling units in the building or potential number of occupants.

   (G)   Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary, nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming building or use. Nothing in this chapter shall prevent correcting unsafe conditions of the structure upon being advised to do so by the Building Inspector and Zoning Administrator.

   (H)   Issued permits. Nothing contained herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of revision of section, provided, however, that the entire building shall be completed according to the plans as filed within 12 months of the date of issuance of the permit.

   (I)   Nonconformities created by amendment. When a nonconformity in a structure or use of land or a structure is created by an amendment to this chapter, the rights granted by this section to the continuance of nonconformities apply to the nonconformities existing on the date of the amendment.

   (J)   Prohibited uses. Whenever in any zoning district a use is neither permitted nor specified as a use allowed through the issuance of a conditional use permit or interim use permit, the use shall be considered prohibited. In such case the City Council, the Planning Commission, or a property owner may request a study by the city to determine if the use is acceptable and if so what zoning district would be most appropriate and to determine the types of conditions and standards to apply to the use if it were allowed as a use. The Lonsdale Planning Commission, upon receipt of the staff study may, if appropriate, initiate an amendment to the city's zoning code to provide for the particular use under consideration or may find that the use is not compatible for development in the city.

(Ord. passed 2-29-1996; Am. Ord. 2007-208, passed 1-11-2007)