Mayer City Zoning Code
GENERAL REGULATIONS
§ 152.020 NONCONFORMING USES AND STRUCTURES.
(A) Any nonconformity, including the lawful use or occupation of land or premises existing on November 14, 2005 may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming use is destroyed by fire or other peril to the extent of the greater than 50% of its market value and no building permit has been applied for within 180 days of when the property is damaged. The city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(B) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(C) Nothing in this section shall limit the city’s ability to enforce its nuisance or other regulations designed to protect the public health, safety and welfare against any non-conforming use.
(Ord. 102, passed 7-9-01; Am. Ord. 102-O, passed 11-14-05)
§ 152.021 LOT PROVISIONS.
(A) Lots of record.
(1) No lot of record shall be reduced in size below the district requirements of this chapter.
(2) A lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are less than those required for the district provided the following conditions are met:
(a) Evidence must be presented that the lot in question met minimum requirements for the division of property under ordinance regulations in effect at the time the property was divided.
(b) It fronts a public street.
(c) The lot is within 70% of the minimum lot area and lot width required.
(d) A nonconforming single lot of record located within an Agricultural Zone, guided for residential development, may be allowed as a building site without variances from lot size requirements, provided that:
1. A site plan is provided showing how the land could be further subdivided in the future to accommodate further development consistent with the city’s comprehensive plan density requirements;
2. Water and sewer connections are installed within the house to the exterior foundation to allow future connection to municipal utilities;
3. An agreement/letter of awareness is executed which would require the property owner to connect to municipal utilities within one year of the extension of municipal utilities to the site/area and properly abandon the private well and/or septic system;
4. the site was previously utilized as a building site for residential use;
5. The lot is a minimum five acres in size; and
6. The lot fronts a public street.
(3) If two or more lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter.
(B) One building per lot. No more than one principal building shall be located on a lot unless specifically permitted herein.
(Ord. 102, passed 7-9-01; Am. Ord. 181, passed 6-14-12)
§ 152.022 HOME OCCUPATIONS.
Home occupations as defined in § 152.003 will be allowed as provided elsewhere in this chapter providing the following conditions are met:
(A) Conduct of the home occupation does not result in any alteration to the exterior of the residence, which changes the character of the residence.
(B) Signage consists of no more than one single- or double-faced, unlighted sign with a maximum area of two square feet not located on a public right-of-way.
(C) Conduct of the home occupation does not generate more noise, vibration, glare, fumes, odors or electrical interference than is normally associated with residential occupancy in the neighborhood.
(D) The use shall not generate sewage of a nature or rate greater than that normally associated with residential occupancy nor shall it generate hazardous waste or solid waste at a rate greater than that normally associated with residential occupancy.
(E) No home occupation will be allowed that jeopardizes the health and safety of the residents of the city.
(F) The home occupation should not increase vehicular traffic flow and parking above levels normally associated with the neighborhood.
(G) The home occupation may employ no more than one full-time and two part-time employees.
(H) No outdoor display of goods or outside storage of equipment or materials is permitted.
(I) No accessory building shall be used for operations, display of goods or the storage of equipment or materials used in the home occupation.
(J) Equipment used in the home occupation shall be of a type normally found in the home.
(Ord. 102, passed 7-9-01)
§ 152.023 SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the following minimum standards:
(A) All dwellings shall have a minimum width of 24 feet.
(B) All dwellings shall have a permanent, frost-free foundation as defined in the State Building Code. Split level, split entry and earth-sheltered homes shall comply with this requirement.
(C) Main roofs shall have a minimum pitch of 3:12 per definition of the applicable building code.
(D) Roofs shall be shingled with asphalt, wood, tiles, sod or other comparable materials as approved by the applicable building code.
(E) Metal siding, with exposed panels exceeding 16 inches in width, shall not be permitted.
(Ord. 102, passed 7-9-01)
§ 152.024 TEMPORARY DWELLINGS.
(A) The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living quarters is not permitted in the city.
(B) Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family care dwellings.
(Ord. 102, passed 7-9-01; Am. Ord. 209, passed 8-22-16)
§ 152.025 STREET ACCESS REQUIRED.
Every building hereafter erected shall be located on a lot having frontage on a public street, except as specifically permitted herein.
(Ord. 102, passed 7-9-01)
§ 152.026 DRIVEWAY, PARKING AREA AND HARD SURFACE IMPROVEMENTS.
Except for minimal impact pavement construction projects and regular maintenance approved by the City Administrator, a building permit shall be required for all hard surface/pavement improvements and subject to the following requirements:
(A) In all zoning districts, with the exception of the A Agriculture District, all required ingress/egress points, driveways and parking areas shall be surfaced with an improved surface, according to minimum city specifications, except when waived by the City Administrator. In the A Agriculture District, driveways shall be surfaced from the intersection of the road, for the first 100 feet of the driveway, with bituminous, concrete, brick pavers or other approved hard surface, as approved by the City Engineer.
(B) Driveway ingress/egress points shall be a minimum of 12 feet wide and a maximum of 30 feet wide measured at the property line.
(C) Location. All off-street parking facilities required by this chapter, shall be located and restricted as follows:
(1) Same lot. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being serviced, except for combined or joint parking facilities as regulated by this section.
(2) Parking distance from property line. Except for required driveway ingress/egress points, there shall be no off-street parking areas or driveways within ten feet of any property line within the R-3 Multiple Family Residential, C-1 General Commerce, C-2 Central Business, C/I Commercial/Industrial and P/I Public/Institutional districts. The parking and drive aisle setback shall be increased to 20 feet where said facilities are located adjacent to the A Agriculture, R-1 Low Density Residential and R-2 Medium Density Residential districts.
(3) Boulevard parking prohibited. The boulevard (landscaped portion) of the street right-of-way shall not be used for parking.
(4) All lots having direct driveway access onto major collector or arterial roads shall provide turn around facilities on the lot to eliminate vehicles backing onto said roads.
(5) The minimum corner clearance from the street right-of-way line shall be at least 30 feet to the edge of the driveway.
(6) Driveways should be located as indicated on the subdivision grading plan, however, an alternate location meeting the requirements of this section will be permitted.
(D) Residential off-street parking and hard surfaced area requirements. The purpose of this section is to provide minimum setback, slope and miscellaneous standards for off-street parking and driveway construction for single family detached dwelling units and single family attached dwelling units not exceeding four units per building. The intent is to reduce interference with drainage and utility easements by providing setback standards; reduce erosion by requiring an improved surface for all driveways: and, provide positive drainage to the street via establishment of minimum driveway slope standards. The requirements of this section shall apply to all building permits, for the construction of new structures and modifications of existing structures, that require off-street parking. A certificate of survey indicating the setback, slope and proposed elevations shall be required to illustrate compliance with these provisions.
(1) Private parking areas, driveways, walkways and other hard surfaced areas shall be permitted in residential districts so long as all setbacks and lot coverage requirements are met.
(2) Each residential dwelling unit shall have two off-street parking spaces. Each parking space shall be a minimum of ten feet in width and 20 feet in length.
(3) Except for required driveway ingress/egress points, all residential off-street parking areas, and driveways within the A Agriculture, R-1 Low Density Residential and R-2 Medium Density Residential districts shall be set back at least five feet from all property lines.
(4) The vertical profile for a driveway shall not exceed 10% maximum slope.
(5) The garage slab shall be constructed at an elevation that will permit a driveway with a minimum slope of 18 inches above the top of curb.
(6) Under unique circumstances where unusual topography, existing conditions or physical disability of the property owner prohibit compliance with division (D)(4) and/or (5) above, the City Engineer may approve a driveway with a slope exceeding 10% and/or construction of said garage slab less than 18 inches above the top of curb.
(7) A maximum of five operable and licensed motor vehicles and/or recreational vehicles and equipment, may be parked or stored anywhere outside the principal or accessory structures on the lot. Any such motor vehicle and recreational vehicle and equipment placed upon a trailer shall constitute one motor vehicle or recreational vehicle and equipment for purposes of this section. All motor vehicles and recreational vehicles and equipment must be owned by the resident of the dwelling, excluding occasional guests. Motor vehicles and recreational vehicles and equipment parked in the front yard area must be on a paved or hard surface driveway and shall not be located on landscaping except as allowed by this section.
(8) Notwithstanding divisions (D)(1) and (3) of this section, a residential off-street parking area, driveway or parking pad may be constructed closer to the garage side property line subject to approval by the city and the following conditions:
(a) The adjacent property owner(s) must consent in writing to such reduction in setback requirement;
(b) A building permit shall be required. The property owner shall submit a detailed drawing of the proposed location of the parking area including dimensions and distances from the property line, the hard surface material to be used and the lot coverage for the lot. The application shall be reviewed by city staff. The city may require a certificate of survey if determined necessary; and
(c) If the off-street parking area or driveway encroaches into a city easement area it shall be subject to removal at any time by order of the city. The property owner shall be liable for all costs and expenses of such removal. Any unpaid costs and expenses shall be subject to special assessment by the city. The property owner(s) shall be responsible and liable for all consequences of such construction including drainage matters and shall indemnify and hold the City of Mayer harmless from all damages and injuries of any kind.
(E) Parking pads.
(1) General rules.
(a) Parking on landscaping is prohibited except as provided for herein.
(b) All motor vehicles and recreational vehicles and equipment must be operable and licensed.
(c) Parking pad surface materials shall be orderly contained by delineated edging or in some other effective fashion.
(d) All parking pads must not disturb proper drainage or utilities and shall be setback a minimum of five feet from the property line and shall not be located in a drainage and utility easement.
(e) In cases where improved or semi-improved surface materials are required, the pad must cover the entire area under the vehicle and cannot be placed solely under the wheels of the vehicle. The pad must be approved by the city and be suitable to control dust, drainage and prevent spillage.
(2) Rear yard.
(a) A parking pad is allowed.
(b) A maximum of two operable and licensed motor vehicles and/or recreational vehicles and equipment are allowed only on improved surfaces in the rear yard.
(3) Side yard.
(a) A maximum of two operable and licensed motor vehicles and/or recreational vehicles and equipment are allowed only on improved surfaces in the side yard. The improved surface parking pad is allowed on the garage side only in line with the garage or in other cases subject to the judgment of the City Administrator. A side yard parking pad shall not exceed 450 square feet.
(4) Front yard.
(a) Improved or semi-improved parking pads in the front yard are not allowed, however, the access portion to a side yard parking pad may be constructed with an improved surface.
(b) A maximum of one operable and licensed motor vehicle and recreational vehicle and equipment are allowed only on a unimproved surface parking pad in the front yard for a period not to exceed one week at a time for up to five weeks within a calendar year. The front yard vehicle parking area shall not exceed 200 square feet.
(F) Recreational vehicles and equipment.
(1) Recreational vehicles and equipment.
(a) Recreational vehicles and equipment may be stored in the side or rear yards subject to the following standards:
1. Recreational vehicles and equipment cannot exceed 36 feet in length.
2. Parking for recreational vehicles and equipment must be on parking pads with improved surfaces that meet the requirements of this section. All parking pads must be constructed as improved surfaces.
3. The designated parking pad shall be setback at least five feet from side or rear property lines and shall not be located within a drainage and utility easement.
(b) Any front yard parking of recreational vehicles and equipment shall not be located on the street and must be located on the improved driveway surface in the front yard, except as provided for in this section. The recreational vehicle and equipment shall not encroach on any sidewalk, trail or public right-of-way.
(c) Storage shall not occur in a required off-street parking stall.
(2) Residential occupancy prohibited. Recreational vehicles and equipment, including tents, shall not be used for residential dwelling purposes or living quarters, temporarily or permanently, except as may be approved in emergency cases by the City Council.
(a) Recreational uses. Tents, playhouses, or similar structures may be used for play.
(b) Vacant lots – recreational vehicles and equipment prohibited. No recreational vehicle and equipment shall be placed upon any vacant lot within the city to be used for residential dwelling purposes.
(Ord. 102, passed 7-9-01; Am. Ord. 102-R, passed 6-26-06; Am. Ord. 102-Y, passed 5-12-08; Am. Ord. 102-Z, passed 4-13-09; Am. Ord. 157, passed 7-13-09; Am. Ord. 221, passed 6-11-18)
§ 152.027 PUBLIC UTILITIES REQUIRED.
All residential, commercial, industrial, public, institutional or other uses that include plumbing facilities shall be connected to the public sewer and water system.
(Ord. 102, passed 7-9-01)
§ 152.028 ABANDONED VEHICLES.
It shall be unlawful for any person to park, store or leave any abandoned motor vehicle upon any public or private property within the city, or for any property owner or occupant to permit the parking, storing or leaving of any abandoned vehicle upon such private property, unless such vehicle is within an enclosed building or structure.
(Ord. 102, passed 7-9-01)
§ 152.029 RELOCATED BUILDINGS OR STRUCTURES.
No existing building or structure shall be relocated anywhere in the city without a permit. A permit for the relocation of any building or structure shall not be issued without site plan approval by the Planning Commission. The Planning Commission shall not approve a site plan without certifying the following:
(A) The building or structure is compatible in appearance, age and character with existing buildings and structures in the area of the relocation destination.
(B) The building or structure meets all code requirements for new buildings or structures.
(C) The building or structure is compatible with any other buildings or structures existing on the same property.
(D) The building or structure meets all other requirements of this chapter and any other city ordinances.
(Ord. 102, passed 7-9-01)
§ 152.030 ACCESSORY STRUCTURES.
(A) Accessory buildings and structures in residential districts shall be subject to the following regulations:
(1) No accessory building or structure shall be constructed on a parcel without a principal building.
(2) There shall be no more than one accessory building on a lot, unless no attached garage is present, then there shall be no more than one accessory building permitted in addition to a detached garage. When an attached garage is present, then a detached garage shall be considered an accessory building.
(3) A building permit is required for all accessory buildings and structures over 200 square feet.
(4) Setback. Accessory buildings and structures attached to or part of the principal building shall maintain the same setbacks as required for the principal buildings.
(a) Decks - or porch extension. A deck or porch that is attached to the rear (backyard) side of a principal building may extend up to 50% of the required rear setback for the principal building. Such extension shall be subject to council review and approval.
(b) Detached accessory buildings and structures shall be at least five feet from side lot lines, and five feet from rear lot lines.
(5) Location.
(a) No accessory building or structure shall be constructed within a front yard or corner side yard.
(b) Accessory buildings and structures shall not be permitted within an easement.
(6) Size. Tool houses, sheds, and similar buildings for storage of domestic supplies and non-commercial recreational equipment shall not exceed 200 square feet.
(7) Height. No accessory building or structure shall exceed 17 feet in height.
(8) Design characteristics. In all cases, accessory buildings shall be constructed of materials similar to the principal structure, and in character with the surrounding built environment.
(9) 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 in area and five feet in height.
(B) Accessory buildings in commercial and industrial zoning districts shall maintain setbacks as defined for principal structures. All accessory buildings and structures for commercial and industrial uses shall require site plan approval.
(C) Accessory structures that are constructed in any required yard shall not occupy more than 30% of the yard area in which it is located. The 30% maximum coverage shall include the total of all accessory buildings and structures.
(Ord. 102, passed 7-9-01; Am. Ord. 102-E, passed 6-14-04; Am. Ord. 102-R, passed 6-26-06; Am. Ord. 163, passed 4-12-10; Am. Ord. 199, passed 4-13-15)
§ 152.031 SITE PLAN REVIEW REQUIRED.
For all zoning actions or permit applications, except single-family residential new construction building permits, a site plan review is required.
(A) Submittal requirements.
(1) Boundary survey of parcel including identification of all monuments.
(2) Scaled location of all buildings, structures, driveways, sidewalks, trails, parking stalls, and curbing.
(3) Scaled identification of all setback dimensions from property lines.
(4) Scaled locations of all existing and proposed utilities and easements.
(5) Scaled depictions of floor plans for each story.
(6) Scaled depictions of each building elevation and descriptions of exterior building materials and color schemes.
(7) Scaled site grading plans, including erosion and sedimentation control mechanisms and procedures.
(8) Scaled delineations of any shoreland, floodplain, or wetland areas on the site.
(9) Identification of any floodplain or wetland encroachments and detailed mitigation plans.
(10) Detailed landscape plans, illustrating size, types, and locations of all materials, a description of site seeding or sodding, a description of the timetable for site landscaping, and the identification of any irrigation systems.
(11) Detailed descriptions of any site fencing, including type, location and height.
(12) All plans shall be dated and shall bear the name(s) of the preparer(s), including professional registrations or certifications when appropriate or required.
(B) Review requirements.
(1) Applicants shall submit 12 sets of site plans with a required application form to the City Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements. Upon acceptance of the application, site plans will be distributed to the appropriate city entity for review and recommendation, according to § 152.006. Application fees and reimbursement of the city’s out-of-pocket expenses shall be in accordance with § 152.157.
(2) Action to approve, modify, or deny site plan applications shall be based upon consistency of the application with the city’s Comprehensive Plan, this chapter, other policies and official controls, and the compatibility of the proposed action with existing area land uses, existing area investments and neighborhood character, capacity of public streets and utilities, and future planned land uses.
(3) Actions on site plans are effective upon a simple majority of members present.
(C) Waiver requirements. The city zoning officer may find that certain characteristics of an application make it unnecessary for the applicant to submit all of the information for an application required by this section. In such cases, the zoning officer may waive, modify or reduce some of the requirements if it is also found that the absence of such information will not inhibit the city’s ability to evaluate the compliance of the proposed site development with the standards of this chapter and any other requirements of the Code of Ordinances of the City of Mayer.
(D) Plan modifications. An amended site plan involving major changes as determined by the Zoning Administrator, shall be applied for and administered as required for a new site plan.
(E) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request. site plans which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council within one year of the date the site plan is approved, unless the applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved site plan. The applicant shall have the right to submit an application for time extension before the expiration of the one year period and the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete any building, structure, addition or alteration, or use approved in the site plan. Said extension shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 102, passed 7-9-01; Am. Ord. 159, passed 7-27-09; Am. Ord. 205, passed 11-9-15)