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Milaca City Zoning Code

GENERAL REQUIREMENTS

§ 156.055 LOT AREA REQUIREMENTS.

   (A)   Lot area requirements shall be specified under each zoning district.
   (B)   In addition, the following regulations shall be complied with:
      (1)   No use shall be established or hereinafter maintained on a lot recorded after the effective date of this chapter which is less in area or width than prescribed hereinafter for that use in the zoning district in which it is to be located.
      (2)   In the appropriate residential districts on a lot of record on the effective date of this chapter, a single family dwelling may be established provided the lot is at least 75% of the required size. Requests for building on conforming lots shall be accompanied by a site plan showing the adjacent lot lines and water and sewer systems in relationship to the proposed water-sewer systems. Development should only be allowed when it can be demonstrated that no pollution or health hazards will result.
      (3)   No building shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which the building is located.
      (4)   In areas not served by public water and sewer disposal systems, soil tests may be required to insure the sanitary function of private on-site systems. If tests indicate that the soils are not adequate, the size of the lot area will be increased in lot area until the size is deemed adequate.
      (5)   Except in the case of planned unit developments as provided for herein, not more than one principal building shall be located on a lot.
      (6)   Single family homes may be excluded from lot area and setback requirements provided a conditional use permit is issued under the terms of the planned unit development provisions of this chapter. Density zoning shall be interpreted to mean the permission of reduced lot area standards under conditions whereby the number of structures or units permitted is not greater than permitted by the application of the regular provisions of the district, but with all land excluded from the lot area requirements added onto public open space (park, playground, school site, walkway, or other approved open green space).
      (7)   Public rights-of-way are not a part of the buildable lot area and, therefore, shall not be included as part of the minimum lot area required. Required yards in the districts specified shall be subject to the additional requirements as given in § 156.056.
(Ord. 134/94, passed 3-24-94)

§ 156.056 YARD REQUIREMENTS.

   (A)   Yard requirements shall be set forth under each zoning district. Front, side, and rear yards shall be provided in accordance with the regulations hereafter indicated and shall be unobstructed from the ground level to the sky.
   (B)   No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
   (C)   On a corner lot, nothing shall be placed or allowed to grow in a manner so as materially to impede vision between a height of 2 1/2-feet and 10 feet above street level for a distance of 30 feet from intersecting streets.
   (D)   Through lots in any district shall have a required front yard on any street.
   (E)   In any district, where existing structures within a block have front yard setbacks different than those required, the front yard minimum shall be the average of the adjacent structures.
   (F)   The following shall not be considered to be encroachments on yard requirements:
      (1)   Chimneys, flues, belt courses, leader, sills, pilasters, lintels, ornamental features, mechanical devises, cornices, eaves, gutters, and other architectural projections, provided they do not extend more than five feet;
      (2)   Off-street parking spaces except as hereinafter regulated;
      (3)   Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a conditional use permit is secured;
      (4)   Fences are exempt from yard setback requirements. All fences require a permit;
      (5)   Any variances granting increased building height shall require setbacks from residential lots at least equal to the height; and
      (6)   On any lot sloping downhill from the street, an additional 12 feet of height may be permitted in the main building provided the lowest floor shall not be less than 10 feet below the average established property line grades along the front of the lot. The floor of the basement shall be considered the lowest floor and a cellar floor shall not be counted.
      (7)   Front open landings in front of the front door with a maximum size of five feet by five feet.
(Ord. 134/94, passed 3-24-94; Am. Ord. 323, passed 1-18-01; Am. Ord. 332, passed 1-16-03; Am. Ord. 359, passed 7-21-05; Am. Ord. 453, passed 7-18-19)

§ 156.057 ACCESSORY BUILDINGS, STRUCTURES, AND USES.

   (A)   (1)   No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot prior to the time of construction of the principal building.
      (2)   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 health care dwellings.
   (B)   Whenever a garage is so designed that it is to be entered directly from a side street or alley, the distance between the doors and the lot line shall be 18 feet or more.
   (C)   (1)   No detached accessory building shall be located in the front yard.
      (2)   A detached garage or utility building shall meet the following requirements:
         (a)   Side yard setback shall be a minimum of five feet from the side lot line.
         (b)   Rear yard setback shall be five feet from the rear lot line.
         (c)   An accessory building shall not exceed 20 feet in height.
         (d)   Accessory building shall not be larger or taller than the principal building.
   (D)   The architectural design and appearance of all buildings in the residential zone must have residential type siding as determined by Zoning Administrator.
      (1)   No tarp like structures allowed.
      (2)   No corrugated metal.
      (3)   No cargo containers.
   (E)   Accessory buildings, structures and uses in a farming operation.
      (1)   Pole type structures and corrugated metal siding are allowed.
      (2)   There is no maximum size of the accessory structure.
      (3)   The maximum height of the structure is 35 feet.
      (4)   The structure must be a minimum of 100 feet from the property line.
      (5)   Detached accessory structures cannot be in the front yard.
(Ord. 134/94, passed 3-24-94; Am. Ord. 335, passed 4-17-03; Am. Ord. 350, passed 5-20-04; Am. Ord. 420, passed 8-18-16; Am. Ord. 453, passed 7-18-19; Am. Ord. 480, passed 4-15-21; Am. Ord. 483, passed 6-16-21)

§ 156.058 HOME OCCUPATIONS.

   (A)   The home occupation must be conducted entirely within a building and must employ no more than one person who is not a resident of the home.
   (B)   Such occupations as architects, artists, writers, clergy, tutors, seamstresses, and similar domestic occupations shall be permitted.
   (C)   Offices, barber shops, beauty parlors, dress shops and music and dance schools, or similar uses, shall require conditional use permits.
   (D)   When deemed appropriate, the Zoning Administrator may bring the home occupation to the attention of the Planning Commission, at which time the Planning Commission may hold public hearings, request information, or require conditions as deemed necessary to bring the home occupation into compliance with the performance criteria. The Planning Commission shall make a recommendation to the City Council for final consideration.
(Ord. 134/94, passed 3-24-94; Am. Ord. 453, passed 7-18-19)

§ 156.059 RESIDENTIAL FENCE REGULATIONS.

   (A)   Permit required. No fence or wall shall be erected or altered in any yard without a fence permit.
   (B)   Construction and maintenance. Every fence shall be constructed in a complete and substantial manner and of material reasonably suited for the purpose for which the fence was constructed. Fence material must be of chain link, wood, cement, brick, or by approval of the building official. Every fence shall be maintained in a good and safe condition at all times. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring property or street.
   (C)   Property line setback. Fences shall be set back one foot from all property lines or, with mutual written consent of both property owners, may be placed along the property line.
   (D)   Corner setback. No fence or screen which obstructs view shall be located within 25 feet of any corner formed by the intersection of street rights-of-way as measured from the intersecting property lines.
   (E)   Height. In residential districts, fences located in front yards shall not exceed four feet in height. Fences in side yards and rear yards shall not exceed six feet in height. Residential districts that are next to commercial districts may have fences eight feet in height.
   (F)   Fence variances. Variances from the fence requirements in divisions (A) through (E) above may be allowed by the City Council only after Planning Commission review and if the following conditions are met:
      (1)   Applicant must be the property owner;
      (2)   Applicant must sign a fence permit and agree to abide by all its conditions; and
      (3)   Applicant must provide a registered survey if the adjoining property owner does not agree to the placement of the fence. The adjoining property owner must be given ten days to respond.
   (G)   Snow fence. Snow fence may be erected for snow control from the month of October until the end of April. Snow fence may be erected around construction sites for the duration of the construction project or by discretion of the building official.
   (H)   Farming operations fencing.
      (1)   Barbed wire and electric fencing are allowed.
      (2)   Must be a minimum of one foot off of the property line.
      (3)   Fencing does not have to be removed until the property becomes less than ten acres in size.
   (I)   Other fencing. Other types of fencing not mentioned in this section require a variance.
(Ord. 323, passed 1-18-01; Am. Ord. 453, passed 7-18-19; Am. Ord. 483, passed 6-16-21)

§ 156.060 BUILDING SIZE REGULATIONS.

   (A)   The minimum ground floor area (in square feet) for new construction by type of dwelling unit and number of bedrooms shall be as follows.
 
Dwelling Unit Type
Minimum Ground Floor Area in Square Feet
Efficiency
One Bedroom
Two Bedrooms
Three Bedrooms
Over Three Bedrooms
Single family
Not allowed
860
860
860
Add 100 sq. ft. for each additional three bedrooms
Two family
Not allowed
580
740
840
Add 100 sq. ft. for each additional three bedrooms
Multiple family (per unit)
500
580
720
820
Add 100 sq. ft. for each additional three bedrooms
Elderly housing (per unit)
440
520
720
820
Add 100 sq. ft. for each additional three bedrooms
Manufactured housing
Not allowed
860
860
860
Add 100 sq. ft. for each additional three bedrooms
 
   (B)   (1)   Single family, two story structures shall meet 75% of minimum ground floor area.
      (2)   All dwelling structures, at the foundation line, shall have a minimum width of 20 feet except in B-4 Districts, and no addition may be used to attain this size.
      (3)   In no event shall off-street parking space, structures of any type, buildings, or other features cover more than 60% of the lot area resulting in less than 40% landscaped in residentially zoned properties.
(Ord. 134/94, passed 3-24-94; Am. Ord. 335, passed 4-17-03; Am. Ord. 350, passed 5-20-04; Am. Ord. 453, passed 7-18-19)

§ 156.061 HEIGHT REQUIREMENTS.

   (A)   All structures over 35 feet shall require a variance.
   (B)   Height limitations shall not be applied to the following structures: church spires; belfries, cupolas, and domes which do not contain usable space; monuments; water, fire, and hose towers; observation towers; flag poles; chimneys; antennas; parapet walls extending not more than three feet above the limiting height of the building; cooling towers; and farm silos provided they do not interfere with airport requirements.
(Ord. 134/94, passed 3-24-94; Am. Ord. 453, passed 7-18-19)

§ 156.062 DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES.

   (A)   The following are development standards for residential principal and accessory structures. These standards do not apply to a rental manufactured home park in the B-4 District. These standards do apply to manufactured homes located outside of a rental manufactured home park.
   (B)   All residential homes to be constructed within the municipal limits shall comply fully with the following standards:
      (1)   All residential dwellings shall have permanent masonry or treated wood foundations which will anchor the structure, which comply with the State Building Code as adopted in this state and which are solid for the complete circumference of the house.
      (2)   No residential dwelling shall have a width of less than 22 feet on not less than 70% of the structure. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls.
      (3)   All residential dwellings shall have roof overhangs which extend a minimum of one foot from all the walls of the structure.
      (4)   All siding to be utilized must give an appearance similar to conventional residential housing units.
(Ord. 99-3, passed 7-15-99)

§ 156.063 FARMING OPERATIONS.

   (A)   The following are development standards for farming operations:
      (1)   Only allowed on residential lots of ten acres or more.
      (2)   Number of farm animals allowed:
 
Animal
Unit per acre
Per Acre
Cow, horse
1
1
Pigs
.4
5 per 2 acres
Sheep
.1
10 per acre
Chickens
.033
30 per acre
Turkey
.018
55 per acre
Ducks
.01
100 per acre
 
      (3)   Crops. All legal crops are allowed and crop rotating is allowed.
   (B)   Accessory structures.
      (1)   Can be a pole type structure and corrugated metal siding.
      (2)   There is no maximum size.
      (3)   Maximum height is 35 feet.
      (4)   Must be a minimum of 100 feet from property lines.
   (C)   Fencing.
      (1)   Barbed wire and electric fencing are allowed.
      (2)   Must be a minimum of one foot off of the property line.
      (3)   Fencing does not have to be removed until the property becomes less than ten acres in size.
(Ord. 483, passed 6-16-21)