Mora City Zoning Code
CHAPTER 150
ZONING CODE
§ 150.001 INTENT AND PURPOSE.
The Zoning Code is adopted for the purpose of:
(A) Protecting the public health, safety, morals, comfort, convenience, and general welfare.
(B) Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alternation, and use of structures and land.
(C) Promoting orderly development of the residential, business, industrial, recreational, and public areas.
(D) Providing adequate light, air, and convenience of access to property.
(E) Limiting congestion in the public right-of-way.
(F) Preventing overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of the buildings in relation to the land and buildings surrounding them.
(G) Providing for the compatibility of different land uses and the most appropriate use of land throughout the city.
(H) Providing for orderly transitions from one land use to another.
(I) Providing a means to accomplish the goals set forth in the Comprehensive Plan.
(Ord. 395, passed 7-6-2010)
§ 150.002 DEFINITIONS.
For the purpose of these regulations, the following terms, phrases, words and their definitions shall have the meaning given in this section. Words used in the present tense shall include the future tense; words in the singular number shall include the plural and words in the plural shall include the singular.
ACCESSORY USE OR STRUCTURE. A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
AIRPORT or HELIPORT. Any land, water, or structure which is used or intended for use for the landing or take-off of aircraft, and any appurtenant land or structure used or intended for use for airport buildings or other airport structures or right-of-way.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
APARTMENT UNIT. A room or suite of rooms arranged, intended, or designed for a place of residential occupancy by one family.
AUTO REDUCTION YARD. A lot or yard where three or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sales of parts, sale as scrap, storage or abandonment.
BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined.
BED AND BREAKFAST INN. An owner or manager occupied dwelling where lodging in five or fewer guest rooms and breakfast is provided to the traveling public by the residential owner or manager for compensation.
BOARDER. A person who is given food and lodging by someone in exchange for a fee.
BODY ART. Physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, and cosmetic tattooing. This definition does not include practices that are considered part of a medical procedure performed by board certified medical or dental personnel, such as, but not limited to, implants under the skin. Such medical procedures shall not be performed in a body art establishment. This ordinance definition shall not include piercing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems.
BODY ART ESTABLISHMENT. Any place or premise, whether public or private, temporary or permanent in nature or location, where the practices of body art are performed.
BUILDING. Any structure, either temporary or permanent, having a roof which may provide shelter or enclosure of persons, animals, or chattel, and when said structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building.
BUILDING HEIGHT. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
(1) The elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade.
(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in (1) above is more than ten feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the building.
CAR PORT. An automobile shelter having one or more sides open.
CELLAR. That portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.
COMPREHENSIVE PLAN. A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city and its environs and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONDOMINIUM. A form of individual ownership within a multi-family building with joint responsibility for maintenance and repairs of the common property. In a condominium, each unit is owned out-right by its occupant and each occupant also owns a share of the land and other common property.
CONVENIENCE STORE. Any retail establishment offering for sale prepackaged food products, household items, gasoline, and other petroleum products.
CURB LEVEL. The elevation as established by the city, of the curb in front of the center of the building. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this Zoning Code.
DAY CARE FACILITY - NON-RESIDENTIAL. A non-residential facility, public or private, which for gain or otherwise provides one or more persons with care, training, supervision, habitation, rehabilitation, or developmental guidance, for periods of less than twenty-four (24) hours per day. Non-residential day care facilities include, but are not limited to: day care centers, day nurseries, nursery schools, daytime activity centers and structures previously used for residential purposes but now used for day care purposes without occupancy.
DAY CARE FACILITY - RESIDENTIAL. A dwelling in which a permanent occupant of the dwelling provides care, protection and supervision to one or more persons for periods of less than twenty-four (24) hours per day for gain or otherwise. The size of the outdoor play area and the number and qualifications of required care givers are set forth in Minnesota Statutes which may be amended from time to time. This use may be licensed by other agencies.
DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including single family, two family and multiple family dwelling units; efficiency units; manufactured homes; and, townhomes, but not including hotels; motels; bed and breakfast inns; boarding houses; tents; or recreational vehicles.
DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.
DWELLING - ATTACHED. A dwelling joined to one or more other dwellings by party walls or walls. See Dwelling, Two Family Dwelling, and Townhouse for related definitions.
DWELLING - DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING - MULTIPLE FAMILY. A building containing three or more dwelling units, designed with more than one dwelling unit connecting to a common corridor or entranceway, but not including ATTACHED DWELLINGS as defined herein.
DWELLING - SINGLE FAMILY. A detached dwelling containing accommodations for and occupied by one family. SINGLE FAMILY DWELLINGS include any MANUFACTURED HOMES that meet this definition and any other applicable requirements for Single Family Dwellings contained in this chapter.
DWELLING - TWO FAMILY OR DUPLEX. A dwelling designed exclusively for occupancy by two families living independently of each other.
EASEMENT. A grant by an owner of land for a specific use by persons or agencies other than the owner.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission, or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith: but not including buildings.
FAMILY. One or more persons related by blood, marriage, adoption, or foster relationship occupying a dwelling and living as a single housekeeping unit, or a group of not more than six persons not so related but living together by joint agreement, maintaining a common household and using common kitchen facilities, as distinguished from a group occupying a HOTEL or MOTEL as defined herein.
FENCE. Any partition, structure, wall or gate erected as a divider, barrier or enclosure and located along the boundary, or within the required yard.
FLOODWAY. The channel of the water-course and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood.
FLOOD FRINGE. That portion of the flood plain outside of the floodway.
FLOOD PLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the 100 year flood.
FLOOD PROOFING. A combination of structure provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
FLOOD PROTECTION ELEVATION. That elevation which is not less than one foot above the water surface profile associated with the 100 year flood as outlined in the city's Flood Insurance Study, June 1976.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, but excepting that area primarily devoted to window display, storage, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized for dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of the exterior walls.
FLOOR-LOT AREA RATIO. The floor-lot area ratio of the building on any lot is the total floor area divided by the area of the lot. Total floor area includes both principal and accessory buildings.
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, trailers or one truck of a rated capacity of not more than 1-1/2 ton.
HAZARDOUS BUILDING/PROPERTY. Any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.
HOME OCCUPATION. Any occupation or profession meeting all of the following requirements:
(1) When the activity is clearly secondary to the main use of the premises and is engaged in only by persons residing in their dwelling.
(2) When that occupation is conducted in not more than one room within the principal structure and does not occupy more than 25% of the gross floor area of any one story.
(3) When that activity or occupation does not require the provisions of additional parking.
(4) When evidence of the occupation other than gardening is not visible from the street.
(5) When the principal structure becomes the base of operation for that occupation using that equipment or machinery which is usually found in a home; and when not involving the retail sale of products produced off the site.
(6) No accessory building shall be used for such home occupation.
HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
INDUSTRY - GENERAL. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials.
INDUSTRY - LIMITED. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts.
JUNK YARD. An area where used, waste, discarded or salvage materials are bought, sold, exchanged, stored, bailed, cleaned, packed disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.
KENNEL. Any lot or premises or portion thereof on which four or more dogs and/or cats over six months old are owned, boarded, bred or offered for sale. This definition shall not include pet shops, veterinary clinics, the keeping of farm animals or fowl, commercial stables or other such uses regulated herein.
LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in the Zoning Code, abutting on a public street, and of sufficient size to provide the yards required by the Zoning Code.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT AREA PER FAMILY. The number of square feet of lot area required per dwelling unit.
LOT - CORNER. A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE. The property line bounding a lot, except that where any portion of a lot extends into the public right-of-way, the line of such public right-of-way shall be the lot line for applying this Zoning Code.
LOT LINE - FRONT. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the city.
LOT LINE - REAR. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Corner lots shall have no rear lot line; all boundaries of a corner lot, with the exception of the front, shall be considered side lot lines.
LOT LINE - SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. Any lot which is one unit of a plat duly approved and filed prior to the effective date of this code or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered, for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Kanabec County, Minnesota, prior to September 19,1963.
LOT - THROUGH. A lot which has a pair of opposite lot lines abutting to substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this Zoning Code.
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.
MANUFACTURED HOME. A structure, transportable in one or more sections, which when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a single family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
MOTOR COURT, MOTOR HOTEL, or MOTEL. A parcel of land upon which is located a building or group of buildings other than a hotel and used primarily as temporary residence of motorists, tourists or travelers.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck or rail is assembled and/or stored for routing in intra-state or inter-state shipment by a motor truck.
MOTOR SERVICE STATION. A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles.
NON-CONFORMING STRUCTURES. Any structure legally existing on the effective date of the Zoning Code which would not conform to the applicable regulations if the structure were to be erected under the provisions of the Zoning Code.
NON-CONFORMING USE. Use of land, buildings, or structures legally existing on the effective date of the Zoning Code which does not comply with all the regulations of the Zoning Code or any amendments to it, governing the zoning district in which such use is located.
NOXIOUS MATTER OR MATERIALS. Material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising, or trade where such goods are not enclosed within a building.
ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape.
PARKING AREA - PUBLIC. An area as a principal use available to the public, with or without payment of a fee, designed and used for temporary parking of licensed, operable motor vehicles, which may include outdoor parking lots or parking structures.
PARKING SPACE (PARKING STALL) - PRIVATE. A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard vehicle.
PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in uses of land or buildings.
PLANNED UNIT DEVELOPMENT. A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. It is intended that a Planned Unit Development will offer a more flexible, creative and efficient approach to the use of land and be subject to the procedures, standards and regulations contained in the Zoning Code.
QUASI-PUBLIC. The term QUASI-PUBLIC STRUCTURE as used herein shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, docks, fences, signs, and other similar structures.
RECREATION, COMMERCIAL. Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a private enterprise for the purpose of providing recreation.
RECREATION, PUBLIC. Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.
RECREATIONAL VEHICLE. Any vehicle mounted on wheels and for which a license would be required if used on highways, roads or streets, and so constructed and designed as to permit occupancy thereof for temporary living quarters or sleeping purposes and used for recreational purposes.
RECYCLABLE. Material that still has useful physical or chemical properties after serving its original purpose and can, therefore, be reused or re-manufactured into additional products. Plastic, paper, glass, used oil, tin, and aluminum cans are examples of recyclable materials.
RECYCLE. The process of collecting materials from the waste stream and separating them by type, remaking them into new products, and marketing and reusing the materials as new products.
RECYCLING FACILITY. Building(s) in which recyclable materials are collected and/or processed in order to regain material, but shall not include salvage yards.
RESIDENTIAL FACILITIES. A state-licensed and mandated RESIDENTIAL FACILITY occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time. The services provided and maximum number of clients served is specified by Minnesota State Statutes, which may be amended from time to time.
RIGHT-OF-WAY. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. RIGHT-OF-WAY includes the driving surface of a street and adjacent boulevard.
SCREENING. A device or materials used to conceal one element of a development from other elements or from adjacent or contiguous uses. Screening may include one or a combination of the following materials - walls, berms, plantings, fences.
SELF-SERVICE STORAGE FACILITY. A building of one level, that contains varying sizes of individual compartmentalized stalls limited to the indoor storage of customer's goods or possessions.
SETBACK. The minimum distance between the property line and the line of the building.
SHOPPING CENTER. Any contiguous group of two or more retail stores or service establishments, comprising 10,000 or more square feet of floor area which provides off-street parking utilized in common by patrons.
SHORELAND. Land located within the following distances from public water: 1,000 feet from the ordinary high water mark of a lake, pond, or flowage, and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such a river or stream.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such as usable or unused under-floor space shall be considered as a story.
STORY, FIRST. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, at any point.
STREET. A public right-of-way not less than 40 feet in width which affords a primary means of access to abutting property.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
STRUCTURE - NON-CONFORMING. Any structure which is legally existing upon the effective date of the Zoning Code which would not conform to the applicable regulations if the structure were to be erected under the provisions of the Zoning Code.
TOWNHOUSE - ATTACHED. A single structure consisting of three or more dwelling units having the first floor at or near the ground level with no other dwelling units or portions thereof above or below with each dwelling unit connected to another by a single party wall with no openings.
TOWNHOUSE - DETACHED. A dwelling that is entirely surrounded by open space and owned by an individual or owned in common by a homeowners association.
USE. The purpose or activity for which the land, structure, or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
USE - CONDITIONAL. Either a public or private use which, because of its unique characteristics, cannot be properly classified as a permitted use and thus requires approval by the City Council of a conditional use permit which shall contain conditions controlling the use.
USE - OPEN. The use of a lot without a building or including a structure incidental to the open use with a ground floor area equal to 5% or less of the area of the lot.
USE - PERMITTED. A use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and performance standards of such district.
VARIANCE. A modification or variation of the provisions of the Zoning Code excepting use, as applied to a specific piece of property, where it is determined that by reason of exceptional circumstances, the strict enforcement of the official controls would cause unnecessary hardship.
WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use.
YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in the Zoning Code. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD - FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.
YARD - REAR. A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
YARD - SIDE. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.
ZONING ADMINISTRATOR. Person appointed by the City Council to administer and enforce the Zoning Code.
ZONING - DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform.
100 YEAR FLOOD. A flood which is representative of large floods known to have occurred, and can be expected to occur on an average frequency of once every 100 years.
(Ord. 395, passed 7-6-2010; Am. Ord. 415, passed 8-21-2012; Am. Ord. 464, passed 12-17-2019; Am. Ord. 484, passed 12-21-2021)
§ 150.003 DEFINITIONS FOR ADULT ORIENTED BUSINESSES.
For the purpose of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES – ACCESSORY. The offering of goods and/or services which are not classified as obscene and are classified as adult uses, permitted on a limited scale, as defined by §§ 150.134 and 150.149, and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines and the sale or rental of adult motion pictures as defined in sections listed above.
ADULT USES - PRINCIPAL. The offering of goods and services which are not classified as obscene which do not meet the definition of accessory adult uses, including but are not limited to the following:
(1) ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.
(2) ADULT USE - BOOKSTORE. A building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tapes, videotapes, CD’s, CD-ROMS’s, or motion pictures film if such building or portion of a building is not open to the public generally but only to one (1) or more classes of the public excluding any minor by reason of age and if a substantial or significant portion of items are distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(3) ADULT USE - CABARET. A building or portion of a building used for providing dancing or other live entertainment, is such building or a portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.
(4) ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(5) ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(6) ADULT USE - HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, and if such club is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(7) ADULT USE - HOTEL OR MOTEL. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”.
(8) ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, which provides the services of massage, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
(9) ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or a portion of a building as a prevailing practice excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons herein.
(10) ADULT USE - MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent or providing sexual stimulation or sexual gratification to such customers and who engage in “specified anatomical areas” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
(11) ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.
(12) ADULT USE - MOTION PICTURE THEATER. A building or a portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or a portion of a building as a prevailing practice excludes minors by virtue of age and is such material is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(13) ADULT USE - NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
(14) ADULT USE - SAUNA. A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(15) ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or a portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
(16) ADULT USE - NONCONFORMING. As of the date of the publication of this section, all non-conforming uses shall be terminated and brought into compliance with the provisions contained herein.
OBSCENE. Activities as defined by M.S. § 617.241.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical simulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
(2) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
(5) Situations involving a person or persons, any of whom are nude, clad in undergarments, or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or physical restraint of any such persons;
(6) Erotic or nude touching, fondling, or other sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(Ord. 395, passed 7-6-2010)
§ 150.004 GENERAL PROHIBITION OF ADULT ORIENTED BUSINESSES.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.005 MINIMUM REQUIREMENTS.
In their interpretation and application the provisions of the Zoning Code shall be held to be the minimum requirements and shall be for the promotion of the public’s health, safety, and welfare. The provisions shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(Ord. 395, passed 7-6-2010)
§ 150.006 MORE RESTRICTIVE PROVISIONS TO APPLY.
Where the conditions imposed by any provision of the Zoning Code 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.
(Ord. 395, passed 7-6-2010)
§ 150.007 PROHIBITIONS.
No structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the Zoning Code.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.008 ANNEXATION OF LAND.
When land is proposed to be annexed to the city, the Planning Commission shall hold a public hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the Council. In the event that annexation proceedings become final before the permanent zoning is determined, the annexed area shall be placed in the R-4 district and such classification shall be considered as an interim step pending permanent classification.
(Ord. 395, passed 7-6-2010)
§ 150.009 NON-CONFORMING USES AND STRUCTURES.
Any structure or use lawfully existing on the effective date of the Zoning Code may be continued at the size and in a manner of operation existing upon such date subject to the following regulations:
(A) Safe condition. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the city.
(B) Change to conforming use. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non- conforming use.
(C) Damaged structure. When any lawful non-conforming use of any structure or land in any district is damaged by wind, fire, flood, explosion, earthquake, war, riot or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no building permit has been applied for within one hundred eighty (180) days of the date of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The Zoning Administrator shall be responsible for making the determination whether a non-conforming use of any structure or land has been destroyed greater than fifty percent (50%) of it assessed market value at the time of the destruction. In making this determination, the Zoning Administrator shall consider the assessed market value of the entire non-conforming use. This determination shall be reviewed and approved by the City Administrator. In the event that a building permit is applied for within one hundred eighty (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 properties.
(D) Discontinuance of use. Whenever a lawful, non-conforming use of a building, structure, or land is discontinued for a period of six (6) months, any future use of said building, structure, or land shall be in conformity with the provisions of the Zoning Code.
(E) Maintenance. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
(F) Change of use. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity. The Planning Commission and City Council shall determine if the proposed use is appropriate, provided that they find the proposed use lessens the non-conformity. In permitting such change, the City Council may impose conditions and safeguards consistent with the purpose and intent of the Zoning Code.
(G) Alterations. Alterations may be made to a structure or building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.010 BUILDABLE LOTS.
A lot or parcel of land for which a deed has been recorded in the office of the Kanabec County Recorder upon, or prior to the effective date of the Zoning Code shall be deemed a buildable lot provided it has frontage on a public right-of-way and the space requirements for the district in which it is located can be maintained or adjusted to conform as follows:
(A) A lot or parcel of land which is in an R district and which does not meet the requirements of the Zoning Code as to area, width, or other open space and adjacent land is not available to extend the lot to meet zoning requirements, may be utilized for single-family detached dwelling purposes provided the measurements of such area, width or open space are within sixty percent (60%) of the requirements of the Zoning Code; but said lot or parcel shall not be more intensively developed without a variance.
(B) One (1) building per lot. In all residential districts except R-3 there shall be no more than one (1) principal building per lot. (See also § 150.011(B))
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.011 ACCESSORY BUILDINGS.
(A) Floor area restrictions. No accessory building shall exceed one thousand (1,000) square feet or the total square footage of floor area of the principal structure, whichever is less, on a lot up to twenty thousand (20,000) square feet in size. If the lot is over twenty thousand (20,000) square feet, you can add five percent (5%) of the lot area over twenty thousand (20,000) square feet to the garage, up to a maximum of one thousand six hundred (1,600) square feet. This applies to all R-1 and R-4 districts. The maximum allowable lot coverage of all structures shall be thirty-three percent (33%). Attached garages are limited to one thousand (1,000) square feet. Plans and specifications for accessory buildings in all districts must be submitted and approved by the Building Official.
(B) Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(C) Height restrictions. No accessory building shall exceed the height of the principal building. However, in no case, shall such accessory building exceed fifteen (15) feet in height.
(D) Proximity to principal building. An accessory building shall be considered to be an integral part of the principal building unless it is six (6) feet or more from the principal building.
(E) Appearance. An accessory building having a floor area greater than one hundred forty-four (144) square feet shall match and generally be constructed of the same exterior materials as the principal building in the lot.
(F) One (1) accessory building per principal structure. Only one (1) accessory building shall be allowed per principal structure in the R districts in addition to one (1) utility/storage building per lot. (See also § 150.064.)
(G) Fish houses. Storage of no more than two (2) licensed fish houses shall be allowed per principal structure in the R districts in addition to those structures allowed by § 150.011 (F).
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.012 YARDS AND OPEN SPACE.
(A) Reduction prohibited. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by the Zoning Code, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.
(B) Application to only one dwelling or group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.
(C) Non-encroachments. The following shall not be considered to be encroachments on yard and setback requirements.
(1) Chimneys, flues, fire escapes, bays, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not extend more than one and one-half (1-1/2) feet into a yard.
(2) Fences. No fence or wall shall be erected, enlarged, expanded, altered, relocated, maintained or repaired in any yard, unless it meets the requirements of this section.
(a) Permit required.
1. No permanent fence or wall shall be erected or altered in any yard without a fence permit. For the purposes of this section a PERMANENT FENCE is defined as any permanent partition or structure erected as a dividing marker, barrier or enclosure encircling either wholly or any portion of a parcel or grouping of parcels and either wholly or partially located in the required setback area. Permanent fences may also be referred to as perimeter fences or boundary fences. Permanent fences located within a parcel and entirely outside of the required setback area do not require a fence permit. This may include, but is not limited to, fences installed around gardens or kennels. However, if any portion of the fence is located in the required setback area, a fence permit is required. Private swimming pools, as defined by § 150.290, must be installed in accordance with §§ 150.291 -150.294, including the installation of a safety fence. The safety fence shall be reviewed as part of the required building permit and shall not require the issuance of a fence permit. Temporary fences do not require a fence permit. For the purposes of this section a temporary fence is defined as one which has no footings and is easily removable, and may include, but are not limited to, barricade fences or fences placed around construction sites. Unless otherwise authorized by the Zoning Administrator, temporary fences may not be installed for a period of more than 90 days. Temporary fences are subject to divisions (b) through (f) below.
2. Application shall be made to the city along with a fee for fence permit according to the city's adopted fee schedule.
3. A site plan shall be submitted with the permit application. The site plan shall be drawn to scale and include lot dimensions, location of existing structures, location of the proposed fence or wall, height(s) of the proposed fence or wall, and setback(s) of the proposed fence or wall from adjacent property boundaries.
4. A footing inspection is required after all postholes are dug and before posts are installed. All property irons adjacent to the fence or wall are to be shown and visible to the inspector at the time of the footing inspection.
5. Locating property irons is the property owner's responsibility. The irons can be found by using a certificate of survey and a metal detector or by utilizing the services of a registered land surveyor to locate the irons or replace missing irons.
6. A final inspection may be required upon completion of the fence or wall installation at the inspector's discretion.
(b) Construction.
1. No residential fence or wall shall be constructed of any electrically charged element, unless located underground (for example, invisible or underground pet fencing), or barbed wire. Areas utilized for agricultural purposes (for example, pasture or cropland) shall be exempt from this section.
2. No commercial or industrial fence or wall shall be constructed of any electrically charged element except that barbed wire or similar security fencing may be used above a height of six and one-half feet when incorporated with a fence or wall which has been issued a building permit.
3. No permanent fence or wall shall be constructed or temporary fence installed without first verifying the location of all public utilities. Arranging utility locates through Gopher State One Call is the property owner's responsibility.
(c) Material.
1. All permanent fences shall be constructed of either stone, brick, finished wood, durable vinyl or other durable plastic materials, ornamental non-corrosive aluminum or iron, or chain link.
2. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets.
3. Materials such as chicken wire, straight wire fencing, tarps, snow fence, or materials originally intended for other purposes, unless prior approval is granted by the Zoning Administrator, will not be allowed, except that snow fence will be allowed as a temporary fence when used exclusively for snow-related purposes.
(d) Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element, including slats in slatted chain link fences, of any fence or wall shall be repaired or replaced immediately.
(e) Height.
1. Side or rear yards. No fence or wall located in a side or rear yard shall be of a height exceeding six feet in residential districts or eight feet in commercial and industrial districts, measured from its top edge to the ground at any point, except as required by any landscaping or screening requirements of this chapter or upon approval of a variance by the City Council.
2. Front yards. No fence or wall located in a front yard shall be of a height exceeding four feet, measured from its top edge to the ground at any point, except as required by any landscaping or screening requirements of this chapter.
3. Any fence exceeding six feet in height shall require a building permit.
4. Fences used as backstops for municipal/institutional athletic fields shall be exempt from the height requirements in this chapter provided a building permit is issued.
(f) Setbacks.
1. A fence shall be set back at least two feet from the property line or, upon mutual consent in writing from the neighboring property owner(s), may be placed on the property line. Proof of consent shall be provided to the city at the time of permit application. A fence may connect to a neighboring fence upon consent from the neighboring property owner. Proof of consent shall be provided to the city at the time of permit application.
2. No fence, wall, hedge or other screening device shall be permitted to encroach on any public right-of-way.
3. A fence located adjacent to a public alley shall be set back a minimum of three feet from the property line.
4. No fence or wall exceeding 36 inches in height above the center line grade of the street shall be permitted within 25 feet of any street corner formed by the intersection of the property lines.
5. Fences may be constructed within an unimproved drainage or utility easement, though future work within the easement may result in the removal of the fence at the owner's expense. No fence shall be located in an improved drainage or utility easement (pond, utility pipe, etc.), unless prior written approval is granted by the City Administrator/Public Utilities General Manager or his/her designee.
6. No fence shall obstruct the flow of water nor divert water onto a neighboring property.
7. The property owner is responsible for locating property lines and easements and placing the fence in accordance with all applicable setbacks.
(3) Trees, shrubs, plants, terraces, steps, stoops, or similar uncovered structures which do not extend above the height of the main floor level of the principal structure and do not exceed to a distance of less than four (4) feet from any lot line. Yard lights or security lights or other sources of light provided the direct source of light does not shine on or adversely affect the adjacent residential properties.
(Ord. 395, passed 7-6-2010; Am. Ord. 465, passed 2-18-2020)
Penalty, see § 150.999
§ 150.013 TRAFFIC VISIBILITY.
No fences, structures or plantings exceeding thirty-six (36) inches in height above the center line grade of the street shall be permitted within twenty-five (25) feet of any street corner formed by the intersection of the property lines.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.014 FARMING.
All farms in existence on the effective date of the Zoning Code and all farms which are brought into the city by annexation shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained in this Code shall apply to all changes of the farming operation which will cause all or a part of the area to become more intensively used or more urban in character.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.015 LAND RECLAMATION.
Land reclamation is the reclaiming of land by depositing of material so as to elevate the grade. Land reclamation shall be permitted only by conditional use permit in all districts. Any lot or parcel upon which four hundred (400) cubic yards or more of fill is to be deposited shall be land reclamation. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land, and as conditions thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, dust control, controls of vehicular ingress and egress, and for control of material dispersed from wind or hauling of material to or from the site.
(Ord. 395, passed 7-6-2010)
§ 150.016 MINING.
The extraction and incidental processing of sand, gravel, or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site shall be mining. In all districts the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, a plan for control of traffic and dust control, and the route of trucks moving to and from the site.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.017 QUASI-PUBLIC STRUCTURES.
No quasi-public structure shall be located within the public right-of-way except by permit. The term
QUASI-PUBLIC STRUCTURE as used herein shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, docks, fences, signs and other similar structures.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.018 RELOCATION OF STRUCTURES.
(A) Policy. It is the stated policy of the city to maintain a harmonious and high standard of development and to protect all areas from deleterious affects by insuring that both new and relocated structures from other areas, both from within the city and from outside, shall meet specified requirements. All relocated structures as stated above must conform to the State Building Code and shall be permitted in the zoning district where all necessary specifications as to lot size, set backs, type of use, height regulations and all other conditions as laid down in the Zoning Code are met.
(B) Relocation permit. All relocations of structures, either primary or accessory that are over one hundred forty-four (144) square feet, requiring the use of the public right-of-way, shall require a relocation permit and a building permit as required by the State Building Code.
(1) Application shall be made on forms provided by the city.
(2) An application fee and damage deposit as established in the city fee schedule shall be paid at the time of application. Exception: the application fee is waived for structures being moved out of town. However, a permit, damage deposit, and proper insurance are still required. Any building permit fees shall also be paid as required by the State Building Code.
(3) The applicant shall also agree to pay any city/utility expenses incurred, including, but not limited to: line drops, utility removals, sign removals, street repair and any other related expenses. A damage deposit as outlined in the city fee schedule shall be deposited with the city and shall be kept until fifteen (15) days after the complete relocation of the structure, or until such time that all expenses incurred by the city are reimbursed. In the case of high expenses, (as determined by the City Administrator) the city reserves the right to withhold a relocation permit until an “estimated cost” of city/utility expenses are paid up front.
(4) For primary structures, proof of liability insurance in the amount of three hundred thousand dollars ($300,000) and proof of property damage insurance in the amount of fifty thousand dollars ($50,000) shall be provided to the city. For accessory structures, proof of one hundred thousand dollars ($100,000) liability insurance and ten thousand dollars ($10,000) property damage insurance must be submitted.
(5) All applicable zoning, building, health, and fire codes must be complied with.
(6) The applicant shall submit and have a “route of travel” approved by the city before relocation can begin. Information giving the actual “loaded height” of the structure shall be submitted to the city.
(7) All relocated structures shall have new roof covering (i.e. shingles, etc.) and new siding installed within three (3) months of the relocation. The City Council may grant an exemption to the requirement if the roof covering and/or siding is in “like-new” condition.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.019 ELECTRIC VEHICLE CHARGING STATIONS.
(A) General.
(1) Private electric vehicle charging stations are permitted as accessory uses in all zoning districts.
(2) Public electric vehicle charging stations are permitted as accessory uses to allowed non-residential uses in all zoning districts.
(B) Parking.
(1) Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.
(2) Public electric vehicle charging stations must be reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.
(C) Equipment. Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle, or wheelchair movement or create safety hazards on sidewalks.
(D) Usage fees. Property owners are not restricted from collecting a service fee for the use of an electric vehicle charging station.
(E) Signage.
(1) Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.
(2) Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.
(F) Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered.
(Ord. 474, passed 9-15-2020)
§ 150.030 ZONING ADMINISTRATION.
The Zoning Code shall be administered and enforced by the Zoning Administrator, who shall be appointed by the City Council.
(Ord. 395, passed 7-6-2010)
§ 150.031 DUTIES OF THE ZONING ADMINISTRATOR.
The Zoning Administrator shall enforce the Zoning Code and also shall:
(A) Conduct inspections of the buildings and use of land to determine compliance with the terms of the Zoning Code.
(B) Maintain permanent and current records of the Zoning Code, including but not limited to all maps, amendments, conditional uses, variances, appeals, and applications thereto.
(C) Receive, file, and forward all applications for amendments, variances, conditional use, or other matters to the Planning Commission and the City Council.
(D) Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law.
(Ord. 395, passed 7-6-2010)
§ 150.032 BUILDING PERMIT.
No structure shall be erected or structurally altered until a building permit shall have been issued indicating that the existing or proposed structure and the use of the land comply with the Zoning Code and State Building Code. No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer. All applications for building permits pertaining to the erection or major alteration which will affect the outside dimensions of a structure shall be accompanied by two (2) copies of a plat drawn to scale showing the actual dimensions of the lot, lots or parcels to be built upon, the dimensions of the ground and the extensions beyond the outside wall of the proposed structures to be erected or structurally altered, their location on the site in relation to the outside boundary and such other information as may be necessary to provide for the enforcement of these regulations. One (1) copy of the approved building permit is to be made available on the site until the issuance of an occupancy permit. On building projects, when the Building Official and/or the Street Superintendent determine that dirt and debris will enter the city storm sewer system, an erosion control plan shall be prepared and followed.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.033 OCCUPANCY CERTIFICATES.
Occupancy certificates shall be issued in accordance with the requirements of the State of Minnesota Building Code.
(Ord. 395, passed 7-6-2010)
§ 150.034 BOARD OF ZONING APPEALS.
(A) Board of Appeals. The Planning Commission is constituted as the Board of Appeals and shall have the duty of hearing all appeals from any order, requirement, or decision made by the Zoning Official, Planning Official, or Building Official, and from any interpretation of the text of the Zoning Code or any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the official zoning map. The Board of Appeals shall have the final authority to deny such appeal after due study and deliberation. Should the Board of Appeals act favorably on the appeal it shall forward its recommendations to the Council for final action.
(B) Notice. Notice of hearings shall be mailed to all appellants. In all cases rendering determination of district boundary lines or interpretation of the text of the Zoning Code, a notice shall be published in the official newspaper once at least ten (10) days prior to the hearing. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Department of Natural Resources, Division of Waters and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivision/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivision/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Department of Natural Resources, Division of Waters and postmarked within ten (10) days of final action.
(C) The City Council, Planning Commission and city staff shall have the authority to request additional information from the applicant concerning the appeal or to retain expert testimony with the consent and at the expense of the applicant concerning the appeal, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Zoning Code and all other city codes and ordinances.
(Ord. 395, passed 7-6-2010)
§ 150.035 VARIANCES.
(A) Authority. The City Council, in accordance with the procedures and standards set forth in this section, shall have the authority to grant variances from the provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property.
(B) Purpose. The variance procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this chapter that create practical difficulties or particular hardships.
(C) Persons entitled to seek variances. An application for a variance may be made by the owner of, or any person having a contractual interest in, the subject property.
(D) Procedure. The following procedures shall govern application for variances:
(1) Application. An application for a variance shall be filed with the Zoning Administrator on the form provided and shall contain the following information:
(a) The applicant’s name, address and proof of interest in the property;
(b) The property owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application;
(c) The street address and legal description of the property;
(d) The zoning classification and present use of the property;
(e) A statement of the specific provisions of this chapter from which a variance is sought and the precise variance being sought;
(f) A statement of the characteristics of the property that prevent compliance with the provisions of this chapter;
(g) A site plan showing existing lot lines and dimensions as well as lot area, all easements, all public street and private right-of-ways bordering and adjacent to the site, the use and location of all adjacent property;
(h) The specific feature or features of the proposed use, construction or development that require a variance; and
(i) Such other information or documentation as the Zoning Administrator may deem to be necessary or appropriate for a full and proper consideration and disposition of the application.
(2) Fee. An applicant for a variance shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(3) Action of the Zoning Administrator. Upon receipt of a properly completed application for a variance and accompanying documentation, the Zoning Administrator shall forthwith transmit to the Planning Commission the application together with all other documentation made part thereof.
(4) Public hearing. Upon receipt of a properly completed application for a variance, the Planning Commission shall set a date for a public hearing.
(5) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the proposed location of the variance. The notice shall describe the particular variance and shall contain a brief description thereof. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(6) Action of the Planning Commission. Upon the conclusion of the public hearing, the Planning Commission shall transmit its recommendation to the City Council. The Planning Commission shall either recommend the granting of the variance, granting the variance subject to conditions, or denying the variance. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for the approval of the variance.
(7) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either grant the variance with or without conditions or deny the variance.
(E) Standards. In considering an application for a variance, the Planning Commission shall recommend the approval of the variance only upon the finding that the application complies with the standards set forth below.
(1) General standard. No variance shall be granted unless the applicant is able to establish that conforming to the strict letter of the provisions of this chapter would create a unique and particular hardship.
(2) Unique and particular hardship. Unique and particular hardship is defined as the property is exceptional as compared to other property subject to the same provisions by reason of a unique physical condition, including the presence of an existing use or structure, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographic features; or other extraordinary physical conditions peculiar to and inherent in the subject property. The hardship shall amount to more than a mere inconvenience to the owner and the hardship shall relate to the physical situation of the lot rather than the personal situation of the current owner of the property.
(3) Not self-created. The unique physical condition and hardship shall not be the result of any action or inaction of the property owner or its predecessors in title. The unique physical condition shall have existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this chapter.
(4) Denied substantial rights. The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other property subject to the same provisions.
(5) Not merely special privilege. The alleged hardship shall not include the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other properties subject to the same provision. The alleged hardship shall not include the inability of the owner to realize a greater profit than if the variance were not granted.
(6) No other remedy. There are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit a reasonable use of the property.
(7) Variance less than requested. A variance less than or different from that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested.
(8) Essential character of the area. The variance would not result in development on the property that:
(a) Would be materially detrimental or materially injurious to the enjoyment, use, development or value of property or improvements permitted in the vicinity;
(b) Would materially impair an inadequate supply of light and air to the properties and improvements within the vicinity;
(c) Would substantially increase congestion in the public streets due to traffic or parking;
(d) Would unduly increase the danger of flood or fire;
(e) Would unduly tax public utilities and facilities in the area;
(f) Would endanger the public health or safety; and
(g) Would not be in harmony with the general and specific purposes of this chapter and the comprehensive planning policies and objectives of the city.
(F) Conditions on variances. The City Council, upon recommendation from the Planning Commission, may impose specific conditions and limitations upon the granting of a variance as are necessary to achieve the purpose and objectives of this chapter. The conditions and limitations may include but are not limited to those concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purpose and objectives of this chapter and shall be expressly set forth in the resolution granting the variance. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the variance.
(G) No presumption of approval. Application for variance does not constitute an assurance or presumption that such variance will be approved.
(H) Effect of approval. The approval of a proposed variance by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of application for the permits or approvals as may be required by the regulation of the city, including but not limited to a building permit and a certificate of occupancy.
(I) Limitations on variances. Whenever, within one (1) year (or other designated time period as specified on the variance) after the granting of a variance and when the terms as specified by the variance have not been completed, then such variance shall become null and void, unless a request for extension of time has been granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original variance. There shall be no charge for the filing of such request. Such request may be granted only once.
(J) Prohibited variances. Notwithstanding any other provision of this section, no variance shall be granted to establish a use not permitted in the zoning district where the property subject to the application is located.
(K) Effect of denial.
(1) Variances may be denied by motion of the City Council and such motion shall constitute a finding and determination by the City Council that the standards required for approval do not exist.
(2) No application of a property owner for a variance shall be considered by the City Council within a six (6) month period following a denial for such a request, except the City Council may permit a new application if in its opinion new evidence or a change in circumstances warrants it.
(Ord. 395, passed 7-6-2010)
§ 150.036 CONDITIONAL USES.
(A) Authority. The City Council, in accordance with the procedures and standards set forth in this section, may grant conditional use permits authorizing the development of uses listed as conditional uses in the regulations applicable to the district in which the specific property is located. The City Council also reserves the right to review, modify or terminate the approval of any conditional use permit.
(B) Purpose. The principal objective of this section is to provide for an orderly arrangement of compatible building and land uses and for the proper locations of all types of uses required by the city. To accomplish this objective, each type and kind of use is classified as permitted in one (1) or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be allowed because of their unusual characteristics or the service they provide the public. These conditional uses require particular considerations as to their proper location in relation to adjacent established or intended uses and the planned development of the community; therefore, each application will be reviewed on a case by case basis and will be subject to a public hearing process.
(C) Persons entitled to seek conditional use permits. An application for a conditional use permit may be made by any governmental office, department, board or commission or by any person having a contractual interest in the subject property.
(D) Procedure. The following procedures shall govern application for conditional use permits:
(1) Application. An application for a conditional use permit shall be filed with the Zoning Administrator on the form provided and shall contain the following information:
(a) The applicant’s name, address and proof of interest in the property;
(b) The property owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application;
(c) The street address and legal description of the property;
(d) The zoning classification and present use of the property;
(e) A general description of the proposed conditional use;
(f) A site plan conforming to the requirements of this chapter; and
(g) Such other information or documentation as the Zoning Administrator may deem to be necessary or appropriate for a full and proper consideration and disposition of the application.
(2) Fee. An applicant for a conditional use permit shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(3) Action of the Zoning Administrator. Upon receipt of a properly completed application for a conditional use and accompanying site plan, the Zoning Administrator shall forthwith transmit to the Planning Commission the application together with all other documentation made part thereof.
(4) Public hearing. Upon receipt of a properly completed application for a conditional use, the Planning Commission shall set a date for a public hearing.
(5) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the proposed location of the conditional use. The notice shall describe the particular conditional use and shall contain a brief description thereof. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(6) Action of the Planning Commission. Upon the conclusion of the public hearing, the Planning Commission shall transmit its recommendation to the City Council. The Planning Commission shall either recommend the granting of the conditional use permit, granting the conditional use permit subject to conditions, or denying the conditional use permit. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for the approval of the conditional use permit.
(7) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either approve the conditional use permit with or without conditions or deny the conditional use permit.
(E) Standards. In considering an application for conditional use permit, the Planning Commission shall make its recommendation upon the finding that the application complies with each of the standards set forth below and, where applicable, any conditional standards for specific uses set forth in the provisions of a specific zoning district.
(1) The use is consistent with the purposes and intent of the Zoning Code and the purposes and intent of the zoning district in which the applicant intends to locate the proposed use.
(2) The use is in keeping with the Comprehensive Plan and the policies thereof.
(3) The use will not cause undue traffic congestion or hazards.
(4) The use will be adequately served by public utilities and all other necessary public facilities and services.
(5) The structure and the site shall have an appearance that will not have an adverse effect upon adjacent properties.
(6) The use will be sufficiently compatible by distance or screened from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
(7) The use will not jeopardize the public's health, safety or general welfare.
(F) Sequence of approval of applications for both a conditional use and a variance. Whenever the applicant indicates that a variance will be necessary in connection with the proposed conditional use (other than a planned unit development), the applicant shall at the time of filing for a conditional use file an application for a variance with the Planning Commission. The applications shall be processed at the same time and reviewed by the Planning Commission at the same meeting. However, the Planning Commission shall not take any action on the application for a variance until the Planning Commission first acts to recommend the granting of the conditional use permit, granting the conditional use permit subject to conditions, or denying the conditional use permit.
(G) Conditions of conditional uses.
(1) The City Council, upon recommendation from the Planning Commission, may impose specific conditions and limitations concerning the use, construction, character, location, landscaping, screening, parking and other matters relating to the purpose and objectives of this chapter upon the premises benefited by a conditional use. In addition, the City Council may require a performance guarantee to be submitted to the city in order to ensure compliance with the terms of approval.
(2) The conditions and limitations of approval may be more restrictive than standards outlined in this chapter but shall not be less restrictive. The conditions and limitations may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the proposed property or on public facilities. The conditions shall be expressly set forth in the resolution granting the conditional use permit. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the conditional use permit.
(H) No presumption of approval. The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis in order to determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.
(I) Effect of approval. The approval of a proposed conditional use by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of application for the permits or approvals as may be required by the regulation of the city, including but not limited to a building permit and a certificate of occupancy.
(J) Limitations on conditional uses.
(1) Whenever, within one (1) year (or other designated time period as specified on the resolution) after the granting of a conditional use permit and when the terms of the conditional use permit have not been completed, then such permit shall become null and void, unless a request for extension of time has been granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original permit. There shall be no charge for the filing of such request. Such request may be granted only once.
(2) Except when otherwise provided in the resolution approving a conditional use, a conditional use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such lot.
(K) Effect of denial.
(1) Conditional use permits may be denied by motion of the City Council and such motion shall constitute a finding and determination by the City Council that the standards required for approval do not exist.
(2) No application of a property owner for a conditional use permit shall be considered by the City Council within a six (6) month period following a denial for such a request, except the City Council may permit a new application if in its opinion new evidence or a change in circumstances warrants it.
(Ord. 395, passed 7-6-2010)
§ 150.037 INTERIM USES.
(A) Purpose. The purpose and intent of allowing interim uses is:
(1) To allow a use within any zoning district for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the Comprehensive Plan;
(2) To allow a use that is presently acceptable but that, with anticipated development or other changes, will not be acceptable in the future.
(B) Application and procedures. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for conditional use permits as provided in § 150.036.
(C) Standards. The Planning Commission shall recommend an interim use permit and the City Council shall issue such interim use permit only if it finds that such use at the proposed location:
(1) Meets the standards of a conditional use permit set forth in § 150.036;
(2) Will terminate upon a date or event that can be identified with certainty;
(3) Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future;
(4) Will be subjected to, by agreement with the property owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the property owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.
(D) Termination. An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first:
(1) The date or event stated in the permit; or
(2) A violation of conditions under which the permit was issued; or
(3) A change in the city's Zoning Code which renders the use non-conforming; or
(4) The use has been discontinued for six (6) months.
(E) Limitations on interim uses. No more than one (1) request for extension shall be granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original permit.
(Ord. 395, passed 7-6-2010)
§ 150.038 AMENDMENTS.
(A) Authority. The text of this chapter and the Official Zoning Map may be amended from time to time by the passage of an ordinance duly adopted by the City Council in accordance with procedures set forth herein.
(B) Purpose. The purpose of this section is to provide standards and procedures for making amendments to the text of this chapter and the Official Zoning Map that are of general significance or application. The amendment process is not intended to relieve particular hardships nor to confer special privileges or rights to any person but only to make adjustments necessary in light of changed conditions or changes in public policy.
(C) Parties entitled to initiate amendments. Amendments to the text of this chapter and the Official Zoning Map may be initiated by written petition of any affected property owner, the City Council or the Planning Commission, provided the petition meets the requirements set forth in this section.
(D) Requirements for amendment petitions. Petitions for amendments to this chapter shall be in such form and accompanied by such information as shall be prescribed, from time to time, by the Planning Commission and shall contain at the least the following:
(1) The petitioner's name, address and interest in the petition and the name, address and interest in every person, firm, corporation or government agency represented by the petitioner in the petition;
(2) The precise wording of the proposed amendment, together with a concise explanation of its presumed effect;
(3) A statement containing all the circumstances, factors and arguments that the petitioner offers in support of the proposed amendment;
(4) In the event that the proposed amendment would result in the rezoning of any property, the following shall be supplied:
(a) A statement specifying the names of the owners of the land proposed to be rezoned;
(b) A statement identifying the majority of owners of the land proposed to be rezoned and being parties to the petition;
(c) The street address and legal description of the land proposed to be rezoned;
(d) The present zoning classification and use of the land proposed to be rezoned;
(e) A statement of purpose explaining the reasons for the rezoning.
(E) Fee. An applicant for an amendment shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(F) Standards for amendments. In making their determination, the City Council shall consider the following:
(1) Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive Plan, as adopted and amended from time to time by the City Council;
(2) Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the affected property;
(3) Whether the proposed amendment will have an adverse effect on the value of adjacent properties;
(4) The adequacy of public facilities and services.
(G) Procedure for review and decision of proposed amendments. A petition to amend the text of this chapter and the Official Zoning Map shall be processed in accordance with the following procedures:
(1) Public hearing. Upon receipt of a properly completed application for amendment, the Planning Commission shall set a date for a public hearing.
(2) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the area proposed to be rezoned or as otherwise provided by state law. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(3) Action of the Planning Commission. Upon receipt of the petition, including a copy of the proposed text or map changes, the Planning Commission shall hold a public hearing. The Planning Commission shall recommend the approval or denial of the proposed amendment, or the approval of the amendment with modifications, and shall then submit its written recommendation to the City Council. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for approval of the amendment.
(4) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either adopt or reject the recommendation or adopt some modification of the recommendation.
(Ord. 395, passed 7-6-2010)
§ 150.039 FEES FOR ZONING APPLICATIONS.
Fees are adopted by City Council resolution, from time to time, and are listed on said resolution.
(Ord. 395, passed 7-6-2010)
§ 150.050 DISTRICTS.
The city is hereby divided into the following zoning districts and groups of districts:
(A) “R” Residential Districts:
(1) R-1 Single-Family Residential District;
(2) R-2 Manufactured Home Park District;
(3) R-3 Multiple Dwelling District; and
(4) R-4 Low Density Residential District.
(B) “B” Business Districts:
(1) B-1 Central Business District; and
(2) B-2 General Business District.
(C) “I” Industrial Districts:
(1) I-1 Limited Industrial District; and
(2) I-2 General Industrial District.
(Ord. 395, passed 7-6-2010)
§ 150.051 MAP.
The boundaries of the above districts are hereby established on that certain map entitled “Zoning Map of Mora, Minnesota”, which map is the most recently approved by the City Council and in the office of the City Clerk at the City Hall, hereinafter referred to as the “zoning map”. This map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth and described herein.
(Ord. 395, passed 7-6-2010)
§ 150.052 BOUNDARIES.
District boundary lines as indicated on said map follow lot lines, the center lines of streets, alleys or railroads, the center lines of streets or alleys projected, the center of water courses or the corporate limit lines, all as they exist upon the effective date of the Zoning Code or amendments thereto. If district boundary lines do not follow any of the above-described lines, the district boundary lines are established as drawn on the zoning map. Where a district boundary line divides a lot of record which was in single ownership on the effective date of the Zoning Code and places portions of such lot of record in two (2) or more use districts, any portion of such lot within fifty (50) feet on either side of such a dividing district boundary line may be used for any use of either use district; provided, however, if any portion of such lot shall extend beyond the fifty (50) foot limitation, the district line as shown shall prevail. Appeals from the Zoning Administrator’s determination and questions of doubt concerning the exact location of district boundary lines shall be heard by the Board of Appeals.
(Ord. 395, passed 7-6-2010)
§ 150.060 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT.
The R-1 Single Family Residential District is intended to maintain existing single-family residential areas and provide for the development of new single-family residential areas served or to be served with public sanitary sewer, storm sewer, and water facilities. Unless otherwise specified, all structures in the R-1 District shall comply with the following minimum standards:
(A) A permanent foundation under the entire structure which complies with the Minnesota Building Code.
(B) The minimum pitch on any shingled roof must be at least two-twelfths (2/12) or in the case of a flat roof design, a built up roof assembly to comply with the State Building Code. All roofs must be shingled or be an A roof assembly.
(C) The minimum width and length of the principal structure must be twenty-four (24) feet for more than fifty percent (50%) of the floor area. Minimum square footage of the main floor shall be five hundred seventy-six (576) square feet.
(D) Any alterations or additions must be of the same materials, type of construction, and must have the same appearance as the principal structure.
(E) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(F) All principal structures must have a basement or approved solid footing wall around the perimeter of the structure or a footing around the perimeter of the structure designed by a state licensed engineer and approved by the local building official.
(G) Every new single-family dwelling must construct a garage with a minimum size of two hundred forty (240) square feet. Every new two-family dwelling must construct one (1) or two (2) garages with a total minimum size of four hundred eighty (480) square feet. New single family dwellings constructed on five thousand (5,000) square foot lots may construct a utility shed with a minimum size of one hundred forty-four (144) square feet in place of the garage. The garage(s) or utility shed must be constructed before a final certificate of occupancy will be granted.
(Ord. 395, passed 7-6-2010; Am. Ord. 486, passed 6-21-2022) Penalty, see § 150.999
§ 150.061 PERMITTED USES.
Within the R-1 Single Family Residential District, no structure or land shall be used except for one (1) or more of the following uses:
(A) Single-family dwellings. One (1) family detached dwellings.
(B) Parks and playgrounds. Public parks and playgrounds, community centers and other recreational facilities operated by governmental agencies.
(C) Horticultural uses. Truck gardening, produce stands and other horticultural activities provided that only those products grown on the premises be sold or offered for sale.
(D) Day care facilities - Residential. Facility serving up to fourteen (14) persons.
(E) Day care facilities - Non-Residential. Facility serving up to fourteen (14) persons.
(F) Uses not listed. Other residential and commercial uses determined by the Planning Commission and City Council to be of the same general character as identified permitted and conditional uses and found not to be detrimental to the general public's health, safety, and welfare. The use will be placed in the category based upon its compatibility to those uses listed.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.062 CONDITIONAL USES.
Within any R-1 Single Family Residential District, no structure or land shall be used for the following uses except by conditional use permit:
(A) Agricultural uses. Agricultural activities including the keeping of farm animals or fowl provided no building having farm animals or fowl be nearer than one hundred (100) feet of a property line. Chickens numbering three (3) or fewer are excluded from agricultural uses and subject to the provisions of §§ 150.400-150.403.
(B) Churches and other places of worship. Church buildings and areas, schools of religion and similar facilities, including all expansions of buildings, facilities and ground.
(C) Duplex structures. Two-family dwellings.
(D) Country clubs. Country clubs, golf courses and other private non-commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50) feet from any other lot in an R District.
(E) Cemeteries. Cemeteries adjacent to or in extension of existing cemeteries.
(F) Museums. Museums, and other public buildings not permitted as a principal use.
(G) Health care facilities. Including hospitals, clinics, nursing homes and other similar health care facilities.
(H) Essential service structures. Essential service structures, including but not limited to structures such as telephone exchanges, substations, wells, pumping stations and elevated water storage tanks.
(I) Commercial or residential stables. Stables and riding academies provided the property upon which the use is located is a minimum of five (5) acres. One horse is allowed upon the first five (5) acres and an additional two (2) acres are required for each additional horse.
(J) Kennels. Any lot or premises or portion thereof on which four (4) or more dogs and/or cats over six (6) months old are owned, boarded, bred or offered for sale. No more than five (5) dogs and/or cats shall be allowed by conditional use permit. (See also Chapter 90)
(K) Parking. Off-street parking when the proposed site of the off-street parking abuts on a lot which is in the B or I districts and in the same ownership as the B or I district.
(L) Day care facilities - Residential. Facility serving fifteen (15) or more persons. If required, the facility must be state licensed and meet all state mandated conditions.
(M) Temporary buildings. Buildings temporarily located for purposes of construction on the site for a period of time not to exceed the construction period.
(N) Funeral homes and mortuaries.
(O) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principal structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principal structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(P) Community center buildings. Community center buildings not operated by a governmental agency.
(Q) Bed and breakfast inn, provided the following are adhered to:
(1) Off-street parking shall be provided in accordance with the parking requirements of § 150.217. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences.
(2) Signs shall be in accordance with the sign requirements in § 150.213 and meet the requirements for the zoning district that the business is located within. (Identifying signs to be not more than four (4) square feet in total, located on the building and consistent with the character of the building).
(3) A maximum of five (5) units may be established in a structure.
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or country.
(5) All guest rooms shall be contained within the principal structure.
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period.
(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code.
(9) A conditional use permit shall be terminated upon occurrence for the following:
(a) Non-compliance with the provisions of these provisions.
(b) Transfer of ownership of said property from the owner/operator.
(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(R) Produce sales. Produce display for the sale of agricultural products, other than that raised on the site, provided that said display is located a minimum of ten (10) feet from the front property line.
(S) Schools. Public schools and private schools which have a curriculum equivalent to a public elementary or secondary school, provided no building is less than fifty (50) feet from any abutting residential lot.
(T) Dwellings with a zero (0) lot line. When dwelling units of a two-family structure are to be under separate ownership, a zero (0) lot line may be permitted between the units. State Building Code and Fire Code requirements shall be complied with. Also, minimum lot frontage and lot area requirements shall be met.
(Ord. 395, passed 7-6-2010; Am. Ord. 460, passed 10-15-2019)
Penalty, see § 150.999
§ 150.063 INTERIM USES.
Those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.064 ACCESSORY USES.
Within any R-1 Single Family Residential District, the following uses shall be permitted accessory uses, provided, that only one (1) accessory building one thousand (1,000) square feet per principal structure be allowed on lots up to twenty thousand (20,000) square feet. If the lot is over twenty thousand (20,000) square feet, you can add five percent (5%) of the lot area over twenty thousand (20,000) square feet to the garage, up to a maximum of one thousand six hundred (1,600) square feet. (See also § 150.011) One utility/storage building up to a maximum of one hundred forty-four (144) square feet is allowed.
(A) Garages. Private garage, carport or parking space for passenger cars and for not more than one (1) one and one-half (1½) ton truck.
(B) Boarders. The keeping of not more than two (2) boarders by resident family.
(C) Pools and similar recreational facilities. Private swimming pools, tennis courts and other recreational facilities necessary to conduct a home sporting event.
(D) Home occupations as defined by this Zoning Code.
(E) Signs as permitted by this Zoning Code.
(F) Utility and storage buildings. Lawn, garden and other buildings used for private storage purposes provided that not more than one (1) building is located per dwelling unit and the maximum floor area of the building does not exceed one hundred forty-four (144) square feet.
(G) Decorative landscape features. Decorative landscape features including but not limited to arbors, hedges, walls, shrubs, trees, and similar features.
(H) Essential services. Local service, electrical power lines, gas utilities, telephone lines and similar essential services.
(I) Day care facility - Non-Residential. Facility accessory to legal conforming church, school or health care facility.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021)
§ 150.065 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
(A) When dwelling units of a two-family or multiple dwelling structures are to be under separate ownership, zero (0) lot lines will be permitted between the units. State Building Code requirements for zero (0) lot lines shall be complied with.
(B) Side yard-corner lot. A side yard abutting a street shall not be less than thirty (30) feet in width.
(C) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district:
Area (ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) |
Area (ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) |
Single family dwelling lots with public sewer: | |||||
5,000 | 50 | 30 or 2½ stories, whichever is lesser | 30 | 8 | 30 |
Two-family dwelling lots with public sewer: | |||||
12,500 | 100 | 30 or 2½ stories, whichever is lesser | 30 | 8 | 30 |
Single family dwelling lots without public sewer and water if allowed: | |||||
1 acre | 150 | 30 or 2½ stories, whichever is lesser | 30 | 8 | 30 |
Dwellings with zero lot lines with public sewer: | |||||
5,000 | 70 | 30 or 2½ stories, whichever is lesser | 30 | 8 | 30 |
Utility/storage structures: see § 150.011 | |||||
15 or 2 stories, whichever is lesser | 5 | 10 | |||
Detached garages: see § 150.011 | |||||
5 | 10 | ||||
See subdivision § 153.057 for corner lot widths. | |||||
(D) Lots without public sewer - minimum lot area requirement. The minimum lot area for single family dwellings shall be one (1) acre or larger as required to accommodate an on-site sewage disposal system. Soil and percolation tests conducted in accordance with recommended procedures of the Minnesota Department of Health shall be made to determine whether or not the lot size as proposed, will meet the minimum standards of health and sanitation required by the Minnesota Pollution Control Agency and the city.
(E) Miscellaneous.
(1) Frontage for lots without public sewer shall be a minimum one hundred fifty (150) feet on a public right-of-way.
(2) Structures should be placed in such a manner to be able to subdivide for smaller lot development in the event that public sewer becomes available.
(3) No septic tank, drain field, or drywell shall be less than twenty (20) feet from a property line. See MHD - most restrictive shall apply.
(Ord. 395, passed 7-6-2010; Am. Ord. 486, passed 6-21-2022) Penalty, see § 150.999
§ 150.066 LANDSCAPING REQUIREMENTS.
(A) All exposed ground areas on a lot or parcel surrounding a principal or accessory structure that are not devoted to drives, sidewalks, patios or parking lots shall have a minimum of four (4) inches of topsoil and be covered with sod, seed or other landscaping materials as approved by the city.
(B) Non-residential uses are subject to the same requirements and may be subject to additional landscaping as determined by the Planning Commission and City Council.
(C) All required landscaping shall be replaced by the property owner if vegetation dies or is otherwise removed. Landscaping may be located within a utility or drainage easement, but the owner of the property shall be responsible for any cost associated with removing and replacing said landscaping if work within the easement requires removal of the landscaping.
(D) Existing vegetation, which are of acceptable species, size and location and are of good quality, may be used to fulfill landscaping requirements.
(E) A landscape deposit, as established by resolution of the City Council, will be collected at the time of building permit application. The deposit shall be in the form of cash, letter of credit, or other means as approved by the city. Said deposit will be released when all required landscaping is installed. Landscaping must be completed within one (1) year of building permit issuance or the deposit will be forfeited.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.075 R-2 MANUFACTURED HOME PARK DISTRICT.
The R-2 Manufactured Home Park District is intended to provide a district exclusively for manufactured homes served by public sanitary and storm sewers and water facilities. Every manufactured home park in the R-2 district must conform to all state regulations. No manufactured home built before June 15, 1976 shall be permitted on any site within the city unless said site is part of an approved manufactured home park, and it has a HUD seal showing it has been inspected.
(Ord. 395, passed 7-6-2010)
§ 150.076 PERMITTED USES.
Within the R-2 Manufactured Home Park District, no structures or land shall be used except for one (1) or more of the following uses:
(A) Manufactured homes. Only units which are connected to electric, sewer and water utilities shall be allowed as a permitted use.
(B) Storm shelter.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.077 CONDITIONAL USES.
Within any R-2 Manufactured Home Park District, no structure or land shall be used for the following uses, except by conditional use permit:
(A) Permanent residential structures. Includes residence connected with management offices.
(B) Essential service structures. Essential service structures including, but not limited to, buildings such as telephone substation, pumping station and elevated water storage tanks.
(C) Manufactured home sales. Sales office and display area.
(D) Parking. Off-street parking when the proposed site of the off-street parking abuts on a lot which is in the B or I districts and in the same ownership as the B or I district.
(E) Service buildings. Laundry facilities, management offices, repair shops, and storage areas.
(F) Recreation facilities. For exclusive use of mobile home park residents, indoor and outdoor swimming pools, community center, etc.
(I) Day care facilities - Residential. Facility serving up to fourteen (14) persons.
(J) Day care facilities - Non-Residential. Facility serving up to fourteen (14) persons.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.078 INTERIM USES.
Those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.079 ACCESSORY USES.
Within any R-2 Manufactured Home Park District, the following uses shall be permitted as accessory uses:
(A) Car ports. Car port or parking space for passenger cars.
(B) Enclosed entry. An entry addition consistent with the design of the manufactured home to which it is attached and not exceeding one hundred twenty (120) square feet of the manufactured home floor area.
(C) Signs as permitted by this Zoning Code.
(D) Decorative landscaped features. Decorative landscape features including but not limited to, pools, arbors, hedges, walls, shrubs, trees and similar features.
(E) Utility and storage building. Lawn, garden and other buildings used for private storage purposes, provided that not more than one (1) building is located per lot and the maximum floor area of the building does not exceed one hundred sixty-eight (168) square feet. The structure shall be located no less than six (6) feet from the home and no less than ten (10) feet from any adjacent principal structure.
(Ord. 395, passed 7-6-2010)
§ 150.080 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
(A) Side yard-corner lot. A side yard abutting a public street shall not be less than thirty (30) feet in width.
(B) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district.
Area (sq.ft.) | Frontage (ft.) | Height (ft.) | Front yard setback (ft.) | Side yard setback (ft.) | Aggregate setback (ft.) | Rear yard setback (ft.) |
4,000 | 40 | 15 or 2 stories, whichever is lesser | 20 | 5 | 14 | 10 |
(C) Land coverage. The maximum percentage of the manufactured home park permitted to be covered by mobile homes and other structures is thirty-five percent (35%).
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.081 OTHER REQUIREMENTS.
(A) Play area. A minimum of four hundred (400) square feet per manufactured home site shall be provided for definable play areas and open space within the manufactured home park. Such areas of open space and play areas shall not be areas included in any setback nor shall they include any areas of less than twenty (20) feet in length or width. In addition, if the manufactured home park is part of a new subdivision; there shall be a dedication of land for public recreation and open space uses in accordance with provisions of the Subdivision Code.
(B) Landscape buffer. Where a mobile home park abuts a single-family residential area or external street area, there shall be a minimum of thirty (30) feet between the lot or right-of-way line and any manufactured home park use; such setback area shall act as a buffer and shall be landscaped according to a landscape plan to be submitted at the time of application.
(C) Landscaping.
(1) The entire manufactured home park shall be landscaped and there shall be planted or otherwise located one (1) shade tree with a minimum diameter of two (2) inches on or near each manufactured home site.
(2) Manufactured home parks shall be enclosed by a fence or screen planting so as to provide privacy for the occupants of the park.
(D) Street access. Access to or from a manufactured home park shall not be permitted into or upon local streets serving single-family residential areas.
(E) Street width. Streets shall have a minimum width so as to permit two (2) moving lanes of traffic. Minimum lane width shall be twelve (12) feet.
(F) Street and parking area paving. Private streets and parking areas within a manufactured home park shall be hard surfaced to control dust and drainage according to city standards as specified by the City Engineer.
(G) Public utilities. All utilities supplied by the manufactured home park shall be underground. This shall include electricity and telephone lines.
(H) Skirting. Each manufactured home shall be completely enclosed with weatherproof skirting.
(I) Visitor parking. Off-street parking for visitors shall be provided as required by the city.
(J) Anchoring. All manufactured homes shall be anchored in accordance with the State Building Code.
(K) Set-up. All manufactured homes must be completely set-up and skirted within thirty (30) days of permit issuance.
(L) Address. Each manufactured home shall be clearly marked with an address designation.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.082 PERMIT/INSPECTION FEES.
(A) No manufactured home set up or installed after the effective date of this Zoning Code shall be occupied prior to obtaining an installation permit from the City Building Official. Conditions for issuance of such permit shall be payment of fees and inspection to ensure compliance with Minnesota State Building Code and this Zoning Code. It shall be the responsibility of both the manufactured home park owner and the individual manufactured home owner to obtain the installation permit; however, the cost of the permit shall be borne by the individual manufactured home owner.
(B) Fee to be paid as established by City Council resolution.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.090 R-3 MULTIPLE DWELLING DISTRICT.
The R-3 Multiple Dwelling District is intended to provide a district which allows a broad range of multiple family housing units (townhouses, row houses, apartments) where properly related to other land uses and thoroughfares and where such development is consistent with the Comprehensive Plan. Unless otherwise specified, all structures in the R-3 District shall comply with the following minimum standards:
(A) A permanent foundation under the entire structure which complies with the Minnesota Building Code.
(B) The minimum pitch on any shingled roof must be at least two-twelfths (2/12) or in the case of a flat roof design, a built up roof assembly to comply with the State Building Code. All roofs must be shingled or an A roof assembly.
(C) The minimum width and length of the principal structure must be twenty-four (24) feet for more than fifty percent (50%) of the floor area. Minimum square footage of the main floor shall be five hundred seventy-six (576) square feet.
(D) Any alterations or additions must be of the same materials, type of construction, and must have the same appearance as the principal structure.
(E) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(F) All principal structures must have a basement or approved solid wall footing wall around the perimeter of the structure or a footing around the perimeter of the structure designed by a state licensed engineer and approved by the local building official.
(G) Every new single-family dwelling must construct a garage with a minimum size of two hundred forty (240) square feet. Every new two-family dwelling must construct one (1) or two (2) garages with a total minimum size of four hundred eighty (480) square feet. New single-family dwellings constructed on five thousand (5,000) square foot lots may construct a utility shed with a minimum size of one hundred forty-four (144) square feet in place of the garage. The garage(s) or utility shed must be constructed before a final certificate of occupancy will be granted.
(Ord. 395, passed 7-6-2010; Am. Ord. 486, passed 6-21-2022) Penalty, see § 150.999
§ 150.091 PERMITTED USES.
Within the R-3 Multiple Dwelling District, no structure or land shall be used except for one (1) or more of the following uses:
(A) Single and two-family dwellings. Single-family detached dwelling and two-family dwelling structures.
(B) Multiple dwelling structures. Structures containing not more than eight (8) dwelling units.
(C) Two-family dwellings with a zero (0) lot line. When dwelling units of a two-family structure are to be under separate ownership, a zero (0) lot line may be permitted between the units. State Building Code and Fire Code requirements shall be complied with. Also, minimum lot frontage and lot area requirements shall be met.
(D) Day care facilities - Residential. Facility serving up to fourteen (14) persons.
(E) Day care facilities - Non-Residential. Facility serving up to fourteen (14) persons.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.092 CONDITIONAL USES.
Within any R-3 Multiple Dwelling District, no structure or land shall be used for the following uses except by conditional use permit.
(A) Multiple dwelling structures. Structures containing nine (9) or more dwelling units.
(B) Clubs. Private clubs and lodges which are not operated for a profit.
(C) Churches and other places of worship. Church buildings and areas, schools of religion and similar institutions.
(D) Day care facilities - Non-Residential. Facility serving fifteen (15) or more persons.
(E) Day care facilities - Residential. Facility serving fifteen (15) or more persons.
(F) Nursing homes, rest homes, or homes for the aged. Provided the site shall contain at least one thousand (1,000) square feet for each person to be served.
(G) Professional offices. Offices of persons in the professions: clinics for human health care, funeral homes, mortuaries and office of civic, religious or charitable institutions.
(H) Studios. Art studios, interior decoration studios, photo studios, music studios, and similar activities.
(I) Public buildings and essential service structures. Municipal and other public buildings used for office purposes, museums, libraries, and structures containing or providing essential public services.
(J) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principle structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principle structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(L) Bed and breakfast inn, provided the following are adhered to:
(1) Off-street parking shall be provided in accordance with the parking requirements of §§ 150.500 et seq. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences.
(2) Signs shall be in accordance with the sign requirements in § 150.213 and meet the requirements for the zoning district that the business is located within. (Identifying signs to be not more than four (4) square feet in total, located on the building and consistent with the character of the building).
(3) The maximum of five (5) units may be established in a structure.
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or country.
(5) All guest rooms shall be contained within the principal structure.
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period.
(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code.
(9) A conditional use permit shall be terminated upon occurrence for the following:
(a) Non-compliance with the provisions of these provisions.
(b) Transfer of ownership of said property from the owner/operator.
(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(L) Multiple garages and/or accessory buildings in excess of those that are allowed by the code.
(M) Schools.
(N) Self-service storage facility. The storage facility cannot result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, lighting, outdoor activities, fire hazard, safety hazard, visual blight, incompatibility to the surrounding neighborhood, or any other adverse impact as determined by the City Council.
(1) No on-site sales shall be conducted, other than the rental of storage spaces.
(2) All storage shall be fully enclosed within the storage structure.
(3) No containers of flammable or hazardous materials other than normal household quantities shall be stored on-site. Quantities shall be stored per local code requirements. Exception: Quantities over the normal household amounts can be stored if stored per local code and reported and registered with the local fire department.
(O) Land reclamation. See § 150.015.
(P) Mining. See § 150.016.
(Q) Residential facilities serving more than six (6) unrelated persons.
(Ord. 395, passed 7-6-2010; Am. Ord. 415, passed 8-21-2012; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.093 INTERIM USES.
Those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.094 ACCESSORY USES.
Within any R-3 Multiple Dwelling District, the following uses shall be permitted accessory uses:
(A) Garages and parking. Private garages, and off-street parking space for passenger cars and trucks up to one and one-half (1-1/2) ton capacity. More than one (1) garage structure requires a conditional use permit. (See § 150.092(N))
(B) Pools and similar recreational facilities. Swimming pools provided such pools are fenced so as to control access, tennis courts, and other similar recreational facilities which are part of a residential development and are located not less than fifteen (15) feet from any other lot in an R district.
(C) Utility and storage buildings for one- and two-family dwellings. Lawn, garden and other buildings used for private storage purposes provided that not more than one (1) building is located per dwelling unit and the maximum floor area of the building does not exceed one hundred forty-four (144) square feet.
(D) Utility and storage buildings for multiple dwellings. One (1) building as described in division (C) of this section will be permitted for each apartment building that is under separate ownership. More than two (2) utility/storage buildings requires a conditional use permit. (See § 150.092(N))
(E) Day care facility - Non-Residential. Facility accessory to legal conforming church, school or health care facility.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.095 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
(A) When dwelling units of multiple dwelling structures are to be under separate ownership, zero (0) lot lines will be permitted between the units. State Building Code requirements for zero (0) lot line shall be complied with.
(B) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district:
Area (sq. ft.) | Area Per Unit (sq. ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) | Depth (ft.) |
Area (sq. ft.) | Area Per Unit (sq. ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) | Depth (ft.) |
Single family dwelling lots: | |||||||
5,000 | 5,000 | 50 | 35 or 3 stories, whichever is lesser | 30 | 8 | 20 | 125 |
Two-family dwelling lots: | |||||||
12,500 | 6,250 | 100 | 35 or 3 stories, whichever is lesser | 30 | 8 | 20 | 125 |
Two-family dwelling lots with zero lot lines: | |||||||
10,000 | 5,000 | 50 per unit | 35 or 3 stories, whichever is lesser | 30 | 8 | 20 | 125 |
Multiple family dwellings: | |||||||
As required below | 100 | 35 or 3 stories, whichever is lesser | 20 | 10 | 20 | ||
Utility/storage structures: see § 150.011 | |||||||
20 | 5 | 10 | |||||
Detached garages: see § 150.011 | |||||||
20 | 5 | 10 | |||||
(C) Lot area per dwelling unit.
(1) The following requirements shall be the minimum permitted lot area per unit for three (3) or more unit structures.
Lot Area Per Dwelling Unit
1 Bedroom Unit - 2,500 square feet
2 Bedroom Unit - 3,000 square feet
3 Bedroom Unit - 3,500 square feet
(2) The above mentioned requirements shall be the minimum permitted lot area per unit for three (3) to four (4) unit structures and for each unit over four (4), the lot area may be reduced by twenty-five percent (25%).
(Ord. 395, passed 7-6-2010; Am. Ord. 486, passed 6-21-2022) Penalty, see § 150.999
§ 150.096 LANDSCAPING REQUIREMENTS.
(A) All exposed ground areas on a lot or parcel surrounding a principal or accessory structure that are not devoted to drives, sidewalks, patios or parking lots shall have a minimum of four (4) inches of topsoil and be covered with sod, seed or other landscaping materials as approved by the city.
(B) Non-residential uses are subject to the same requirements and may be subject to additional landscaping as determined by the Planning Commission and City Council.
(C) All required landscaping shall be replaced by the property owner if vegetation dies or is otherwise removed. Landscaping may be located within a utility or drainage easement, but the owner of the property shall be responsible for any cost associated with removing and replacing said landscaping if work within the easement requires removal of the landscaping.
(D) Existing vegetation, which are of acceptable species, size and location and are of good quality, may be used to fulfill landscaping requirements.
(E) A landscape deposit, as established by resolution of the City Council, will be collected at the time of building permit application. The deposit shall be in the form of cash, letter of credit, or other means as approved by the city. The deposit will be released when all required landscaping is installed. Landscaping must be completed within one (1) year of building permit issuance or the deposit will be forfeited.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.115 R-4 LOW DENSITY RESIDENTIAL DISTRICT.
The R-4 Low Density Residential District is intended to maintain existing single-family residential areas and provide for the development of new large lot single-family residential areas served or to be served with public sanitary sewer, storm sewer and water facilities. Unless otherwise specified, all structures in the R-4 district shall comply with the following minimum standards:
(A) A permanent foundation under the entire structure which complies with the State Building Code.
(B) The minimum pitch on any shingled roof must be at least two-twelfths (2/12) or in the case of a flat roof design, a built up roof assembly to comply with the State Building Code. All roofs must be shingled or be an A roof assembly.
(C) The minimum width of the principal structure must be thirty-two (32) feet and the length of must be forty (40) feet for more than fifty percent (50%) of the floor area. The minimum square footage of the main floor shall be one thousand two hundred eighty (1,280) square feet.
(D) Any alterations or additions must be of the same materials, same type of construction and must have the same appearance as the principal structure.
(E) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the Building Official may require approval of the drainage system by the City Engineer. The cost of the City Engineer’s analysis shall be paid for by the developer.
(F) All principal structures must have a basement or approved solid footing wall around the perimeter of the structure or a footing around the perimeter of the structure designed by a state licensed engineer and approved by the local Building Official.
(G) Every new single-family dwelling must construct a garage with a minimum size of four hundred eighty (480) square feet. Every new two-family dwelling must construct one (1) garage or two (2) garages with a total minimum size of nine hundred sixty (960) square feet. The garage(s) must be constructed before a final certificate of occupancy will be granted.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.116 PERMITTED USES.
Within the R-4 Low Density Residential District, no structure or land shall be used except for one (1) of the following uses:
(A) Single-family detached dwelling.
(B) Residential facilities serving six (6) or fewer unrelated persons.
(C) Parks and playgrounds. Public parks and playgrounds, community centers and other recreational facilities operated by governmental agencies.
(D) Public buildings.
(E) Horticultural uses. Truck gardening, produce stands and other horticultural activities provided that only those products grown on the premises be sold or offered for sale.
(F) Day care facilities - Residential. Facility serving up to fourteen (14) persons.
(G) Day care facilities - Non-Residential. Facility serving up to fourteen (14) persons.
(H) Uses not listed. Other residential and commercial uses as determined by the Planning Commission and City Council to be of the same general character as other identified permitted uses and found not to be detrimental to the general public’s health, safety and welfare.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.117 CONDITIONAL USES.
Within the R-4 Low Density Residential District, no structure or land shall be used for the following uses except by conditional use permit:
(A) Churches and other places of worship.
(B) Duplex structures.
(C) Residential facilities serving seven (7) to sixteen (16) unrelated persons.
(D) Private recreation facilities. Country clubs, golf courses, swimming pools and other private non-commercial recreation areas and facilities provided that any principal structure or swimming pool is located not less than fifty (50) feet from any other property line in a residential district.
(E) Cemeteries. Cemeteries adjacent to or in extension of an existing cemetery.
(F) Museums.
(G) Health care facilities. Including hospitals, nursing homes and other similar health care facilities.
(H) Essential service structure. Including structures such as telephone exchanges, substations, wells, pumping stations and elevated water storage tanks.
(I) Commercial or residential stables. Stables and riding academies provided the property upon which the use is located is a minimum of five (5) acres. One horse is allowed upon the first five (5) acres and an additional two (2) acres are required for each additional horse.
(J) Kennels. Any lot or premises or portion thereof on which four (4) or more dogs and/or cats over six (6) months old are owned, boarded, bred or offered for sale. No more than five (5) dogs and/or cats shall be allowed by conditional use permit. (See also Chapter 90.)
(K) Agricultural uses. Agricultural activities including the keeping of farm animals or fowl provided no building having farm animals or fowl be nearer than one hundred (100) feet of a property line. Chickens numbering three (3) or fewer are excluded from agricultural uses and subject to the provisions of §§ 150.400-150.403.
(L) Schools. Public or private schools which have a curriculum equivalent to a public elementary or secondary school, provided no building is less than fifty (50) feet from any abutting residential lot.
(M) Day care facilities - residential. Facility serving fifteen (15) or more persons. If required, the facility must be state licensed and meet all state mandated conditions.
(N) Day care facilities - Non-Residential. Facility serving fifteen (15) or more persons.
(O) Outdoor furnaces and boilers, subject to the following conditions:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principle structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principle structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(P) Bed and breakfast, subject to the following conditions:
(1) Off-street parking shall be provided in accordance with the parking requirements of § 150.500. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences;
(2) Signs shall be installed in accordance with § 150.213 and shall meet all other requirements of the zoning district which the business is located in. (Identifying signs to be not more than four (4) square feet in total and shall be located on the structure consistent with the character of the structure);
(3) A maximum of five (5) units may be established in the structure;
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or county;
(5) All guest rooms shall be contained within the principal structure;
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests;
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period;
(8) The bed and breakfast shall comply with all applicable laws, rules and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code and the State Health Code;
(9) A conditional use permit shall be terminated upon occurrence of the following:
(a) Non-compliance with the provisions of this Zoning Code;
(b) Transfer of ownership of said property;
(c) The creation of a condition which adversely affects the health, safety or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(Q) Produce sales. Produce stand for the sale of agricultural products, other than that raised on the site, provided that the display is located a minimum of ten (10) feet from the front property line.
(R) Uses not listed. Other residential and commercial uses as determined by the Planning Commission and City Council to be of the same general character as other identified conditional uses and found not to be detrimental to the general public’s health, safety and welfare.
(S) Land reclamation. See § 150.015.
(T) Mining. See § 150.016.
(Ord. 395, passed 7-6-2010; Am. Ord. 460, passed 10-15-2019; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.118 INTERIM USES.
Interim uses are those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.119 ACCESSORY USES.
Within the R-4 Low Density Residential District, the following uses shall be permitted accessory uses provided, however, that only one (1) accessory building one thousand six hundred (1,600) square feet in size be permitted per principal structure in addition to one (1) utility/storage building with a maximum size of one hundred forty-four (144) square feet. The size of the accessory structure shall not exceed the footprint of the principal structure and the exterior shall match the exterior of the principal structure.
(A) Garages. Private garage, car port or parking space for passenger vehicles.
(B) Boarders. The keeping of not more than two (2) boarders by resident family.
(C) Pools and similar recreational facilities. Including private swimming pools, tennis courts and other recreational facilities necessary to conduct a home sporting event.
(D) Home occupations as defined in § 150.002.
(E) Signs as permitted by the Zoning Code.
(F) Utility and storage buildings. Lawn, garden and other buildings used for private storage purposes provided that not more than one (1) building is located per dwelling unit and the maximum floor area of the building does not exceed one hundred forty-four (144) square feet.
(G) Decorative landscape features. Including, but not limited to, pools, arbors, hedges, walls, shrubs, trees and similar features.
(H) Essential services. Local service, electrical power lines, gas utilities, telephone lines and similar essential services.
(I) Day care facility - Non-Residential. Facility accessory to legal conforming church, school or health care facility.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021) Penalty, see § 150.999
§ 150.120 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
Within the R-4 Low Density Residential District, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
(A) The maximum impervious surface coverage shall be twenty percent (20%).
(B) A side yard abutting a street shall not be less than forty (40) feet in width.
(C) Area, frontage and yard requirements. The following requirements shall be the minimum permitted in this district:
Area | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) |
Single family dwelling lots with public sewer and water: | |||||
1 acre | 180 | 30 or 2 ½ stories, whichever is lesser | 40 | 20 | 40 |
Single family dwelling lots without public sewer and water: | |||||
1 acre | 180 | 30 or 2 ½ stories, whichever is lesser | 40 | 20 | 40 |
Two-family dwelling lots: | |||||
1 acre | 240 | 30 or 2 ½ stories, whichever is lesser | 40 | 40 | 40 |
Utility/storage structures: see § 150.011 | |||||
15 or 2 stories, whichever is lesser | 40 | 20 | 40 | ||
Agricultural structures and machinery: | |||||
15 or 2 stories, whichever is lesser | 100 | 100 | 100 | ||
Septic tank, drainfield or mound: | |||||
40 | 20 | 20 | |||
(D) No septic tank or drain field shall be less than twenty (20) feet from a property line.
(E) No mound system shall be located in the front yard.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.121 LANDSCAPING REQUIREMENTS.
(A) All exposed ground areas that are not devoted to drives, sidewalks, patios or parking lots shall have a minimum of four (4) inches of topsoil and be covered with sod, seed or other landscaping materials as approved by the city.
(B) Non-residential uses are subject to the same requirements and may be subject to additional landscaping as determined by the Planning Commission and City Council.
(C) All required landscaping shall be replaced by the property owner if vegetation dies or is otherwise removed. Landscaping may be located within a utility or drainage easement, but the owner of the property shall be responsible for any cost associated with removing or replacing said landscaping if work within the easement requires removal of the landscaping.
(D) Existing vegetation, which are of acceptable species, size and location and are of good quality, may be used to fulfill landscaping requirements.
(E) A landscape deposit, as established by resolution of the City Council, will be collected at the time of building permit application. The deposit shall be in the form of cash, letter of credit, or other means as approved by the city. The deposit will be released when all required landscaping is installed. Landscaping must be completed within one (1) year of building permit issuance or the deposit will be forfeited.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.130 B-1 CENTRAL BUSINESS DISTRICT.
The B-1 Central Business District is to provide a pedestrian oriented, compact center for retail sales, personal services, and professional offices by grouping compatible businesses and discouraging highway oriented and other land uses that do not mutually support and complement each other.
(A) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(B) All principal structures must have a basement or approved solid footing wall around the perimeter of the structure or a footing around the perimeter of the structure designed by a state licensed engineer and approved by the local building official.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.131 PERMITTED USES.
Within the B-1 Central Business District no structures or land shall be used except for one (1) or more of the following uses.
(A) Parks, parking lots, etc. Public parks, parking lots, and walkways.
(B) Retail sales, services, and businesses. The following retail sales, services, and businesses:
(1) Antique or gift shop;
(2) Appliance store;
(3) Art and school supplies;
(4) Auto accessory store;
(5) Bakery goods sales and baking of goods for retail sale on premises;
(6) Banks, loan companies;
(7) Barber shop;
(8) Bars and taverns;
(9) Beauty shop;
(10) Bicycle sales and repair;
(11) Books, office supplies and stationary store;
(12) Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks, but not of the drive-in type;
(13) Camera and photo supplies and studio and film processing;
(14) Carpet and rugs and floor covering;
(15) Commercial recreation such as bowling alleys, billiard halls, etc.;
(16) Delicatessen;
(17) Drug store;
(18) Dry cleaning pick-up stations and laundry pick-up stations including pressing;
(19) Dry goods store;
(20) Essential service structures;
(21) Electrical and gas appliance store including incidental repair and assembly but no fabrication or manufacturing;
(22) Fraternal organizations and civic clubs;
(23) Frozen food store including locker plant;
(24) Furniture store including upholstery when conducted as a secondary use;
(25) Grocery store;
(26) Offices, administrative, executive, professional, governmental, medical, research;
(27) Florist shop;
(28) Printing shops and newspaper offices;
(29) Plumbing and heating - showrooms and shops (no outside storage);
(30) Restaurant;
(31) Shoe store and repair;
(32) Sporting goods;
(33) Tailor shop;
(34) Theater, not of the drive-in type;
(35) Toy store;
(36) Variety store;
(37) Wearing apparel;
(38) Pawn shops and second hand shops;
(39) Pet shop or pet grooming, provided no animals are maintained or displayed outside of the building;
(40) Body art establishments;
(41) Fitness centers; and
(42) Public and semi-public buildings. Including, but not limited to, city/town halls, county courthouses and related functions, fire and police stations, post offices and libraries.
(C) Uses not listed. Other residential and commercial uses determined by the Planning Commission and City Council to be of the same general character as identified permitted and conditional uses and found not to be detrimental to the general public’s health, safety, and welfare. The use will be placed in the permitted or conditional use category based upon its compatibility to those uses listed.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.132 CONDITIONAL USES.
Within the B-1 Central Business District no structure or land shall be used for the following uses except by conditional use permit:
(A) Permanent outdoor sales.
(B) Auto service or repair.
(C) Auto sales. Auto sales, when conducted within a building.
(D) Farm equipment sales. Farm machinery sales and service.
(E) Multi-family residential structures and residential units that are above, attached or part of the main structure and are clearly secondary in nature to the main use.
(F) Funeral homes and mortuaries.
(G) Veterinary clinics.
(H) Kennels. Any lot or premises or portion thereof on which four (4) or more dogs and/or cats over six (6) months old are owned, bred, boarded or offered for sale. This shall not include pet shops, veterinary clinics or other such uses regulated herein.
(I) Any permitted use in the B-2 district not mentioned as a permitted use in the B-1 district.
(J) Single-family or multi-family residence. Provided this apply only to parcels which abut upon an R-1, R-3 or R-4 district.
(K) Halfway house for chemically dependent.
(L) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principal structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principal structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(M) Bed and breakfast inn, provided the following are adhered to:
(1) Off-street parking shall be provided in accordance with the parking requirements of § 150.500. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences.
(2) Signs shall be in accordance with the sign requirements in § 150.213 and meet the requirements for the zoning district that the business is located within. (Identifying signs to be not more than four (4) square feet in total, located on the building and consistent with the character of the building).
(3) A maximum of five (5) units may be established in a structure.
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or country.
(5) All guest rooms shall be contained within the principal structure.
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period.
(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code.
(9) A conditional use permit shall be terminated upon occurrence for the following:
(a) Non-compliance with the provisions of these provisions.
(b) Transfer of ownership of said property from the owner/operator.
(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(N) Churches and other places of worship.
(O) Government buildings. Including, but not limited to, city/town/county/state garages, city/town/county/state utility structures and operations, and jails/correctional facilities.
(P) Health care facilities. Including hospitals, clinics, nursing homes and other similar health care facilities.
(Q) Schools and related functions.
(R) Shopping center. Any contiguous group of two (2) or more retail stores or service establishments, comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons.
(S) Recreational centers.
(T) Land reclamation. See § 150.015.
(U) Mining. See § 150.016.
(V) Gas stations.
(W) Dog training service, provided no dogs are kept overnight
(Ord. 395, passed 7-6-2010; Am. Ord. 453, passed 10-17-2017; Am. Ord. 492, passed 2-20-2024
; Am. Ord. 499, passed 4-15-2025
)
Penalty, see § 150.999
§ 150.133 INTERIM USES.
Interim uses are those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.134 ACCESSORY USES.
The following uses shall be permitted accessory uses:
(A) Incidental uses. Any incidental repair or processing necessary to conduct a permitted principal use, however, such accessory use shall not occupy more than fifty percent (50%) of the floor area not more than fifty percent (50%) of the gross man hours required to conduct the permitted principal use.
(B) Adult use - accessory.
(1) Adult use accessory shall:
(a) Comprise no more than five percent (5%) of the floor space of the establishment in which it is located.
(b) Comprise no more than ten percent (10%) of the gross receipts of the entire business operation.
(c) Not include any activity except the sale or rental of merchandise.
(d) Not include activities classified as obscene as defined by M.S. § 617.241.
(e) Be prohibited in any location used to dispense or consume alcoholic beverages.
(2) Adult use accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access. Business owners shall make reasonable precaution to limit access to minors by:
(a) Movie rentals. Display areas shall be restricted from general view and shall be situated in such fashion as to prohibit access and visibility to minors, the access of which is in clear view and under the control of the persons responsible for the operation.
(b) Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
(c) Other use. Adult uses accessory not specifically cited in (a) and (b) above shall comply with the intent of this section and only be allowed as a conditional use.
(3) Adult use accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.135 PROHIBITED USES.
Residential dwelling(s) as a principal use except as outlined in § 150.132(J).
(Ord. 395, passed 7-6-2010; Am. Ord. 499, passed 4-15-2025)
§ 150.136 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
(A) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district:
Area (sq. ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) |
None specified | None specified | None specified | 0 | 0 | 0 except it shall be 20 when abutting an R district |
(B) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.137 SPECIAL REQUIREMENTS FOR PROPERTIES ABUTTING RESIDENTIAL DISTRICTS.
(A) In addition to the above minimum requirements the owner or developer of property abutting a residential district shall prepare a Site Plan showing the ultimate proposed development. The Site Plan drawn to scale shall, at a minimum, show landscaping, buildings and structures, vehicular and pedestrian access and enough of the surrounding area to indicate the relationship of the proposed development to the adjacent residential uses. The purpose of the Site Plan is to allow an evaluation of how residential uses adjacent to the subject property will be impacted by the proposed development or use. The nature of impacts to be considered shall include appearance, noise, odor, light and fire, traffic, and other hazards.
(B) The Site Plan shall be submitted to the Planning Commission for their review and comment. The Planning Commission shall make a recommendation to the City Council and the City Council upon receiving and reviewing the Planning Commission’s recommendation, shall make a decision, whether or not, to approve the Site Plan as a basis for development of the subject property. The issuance of a building permit or permits concerning development on the subject property shall be contingent on an approved Site Plan filed with the city.
(Ord. 395, passed 7-6-2010)
§ 150.138 APPEARANCE.
Construction of accessory buildings over one hundred forty-four (144) square feet and additions to structures on a lot shall match and generally be constructed of, or exceed, the same exterior materials as the structure being added to.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.145 B-2 GENERAL BUSINESS DISTRICT.
The B-2 General Business District is intended to provide a district for commercial activities that are highway or automobile oriented and for quasi-industrial and wholesale enterprises that do not need an industrial setting and have considerable customer contact.
(A) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(B) All principal structures must have a basement or approved solid wall around the perimeter of the structure or a footing around the perimeter of the structure designed by a state licensed engineer and approved by the local building official.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.146 PERMITTED USES.
(A) Within the B-2 General Business District no structure or land shall be used except for one (1) or more of the following uses.
(1) Auto repair or service;
(2) Auto sales;
(3) Armory, exhibition hall, auction hall and stadium;
(4) Bars and taverns;
(5) Boat and marine sales;
(6) Bowling alleys, billiard and pool rooms, and skating rinks, provided the structure in which the use is conducted shall not be located less than fifty (50) feet from an R district boundary line;
(7) Bakery;
(8) Bus terminals and taxi stands;
(9) Business or trade school;
(10) Building material yard provided it is conducted within a building or within a fence of such construction as to prevent view from the public right-of-way;
(11) Cabinet and carpentry shops, electrical service, heating, plumbing, upholstery and air conditioning service shops;
(12) Commercial greenhouses;
(13) Day care facility;
(14) Essential service structures;
(15) Farm machinery sales and supplies;
(16) Feed store;
(17) Fraternal organizations and civic clubs;
(18) Garden supply store;
(19) Grocery store;
(20) Laundry and dry cleaning;
(21) Motels, motor hotels, and hotels provided the site shall contain not less than four hundred (400) square feet of lot area per unit;
(22) Public and semi-public buildings: Including but not limited to city/town halls, county courthouses and related functions, fire and police stations, post offices, libraries, and schools and related functions.
(23) Printing shops and newspaper offices;
(24) Restaurant;
(25) Stone and monument sales;
(26) Television and radio stations;
(27) Tire and battery sales but not including battery rebuilding or tire recapping;
(28) Warehousing except the storage of inflammable fluids;
(29) Wholesale offices and showrooms;
(30) Any permitted use in the B-1 district not mentioned as a permitted use in the B-2 district; and
(31) Gas stations.
(B) Uses not listed. Other residential and commercial uses determined by the Planning Commission and City Council to be of the same general character as identified permitted and conditional uses and found not to be detrimental to the general public’s health, safety, and welfare. The use shall be placed in the permitted or conditional use category based upon its compatibility to those uses listed.
(Ord. 395, passed 7-6-2010; Am. Ord. 453, passed 10-17-2017) Penalty, see § 150.999
§ 150.147 CONDITIONAL USE.
Within any B-2 General Business District no structure or land shall be used for the following uses except by conditional use permit:
(A) Open sales lot. Open sales or rental lots. (Other than auto or boat. See § 150.146)
(B) Kennels. Any lot or premises or portion thereof on which four (4) or more dogs and/or cats over six (6) months old are owned, bred, boarded or offered for sale. This shall not include pet shops, veterinary clinics or other such uses regulated herein.
(C) Veterinary clinics. Veterinary clinic or animal hospital.
(D) Amusements. Miniature golf course, driving ranges, archery ranges, go-cart track, trampoline centers and boat landing facilities.
(E) Shopping center. Any contiguous group of two (2) or more retail stores or service establishments, comprising ten thousand (10,000) or more square feet of floor area which provides off-street parking utilized in common by patrons.
(F) Drive-ins. Drive-in restaurant subject to the following requirements:
(1) The entire area shall have a drainage system approved by the City Engineer.
(2) The entire area other than that occupied by structures or planting shall be surfaced with a material which will control dust and drainage.
(3) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits.
(4) A fence of acceptable design not over six (6) feet in height or less than four (4) feet which is at least fifty percent (50%) closed, shall be constructed along the property in a R district and such fence shall be adequately maintained. The fence shall not be required within the required front yard.
(5) The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in residential use.
(G) Car wash. Automated car wash facilities.
(H) Commercial campgrounds.
(I) Night clubs and dance halls.
(J) Funeral homes and mortuaries.
(K) Multi-family residential structures and residential units that are above, attached or part of the main structure and are clearly secondary in nature to the main use.
(L) Service stations.
(M) Storage building. One (1) storage building per principal structure shall be permitted and the maximum floor area shall not exceed one hundred forty-four (144) square feet.
(N) Bed and breakfast inn, provided the following are adhered to:
(1) Off-street parking shall be provided in accordance with the parking requirements of § 150.500. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences.
(2) Signs shall be in accordance with the sign requirements in § 150.213 and meet the requirements for the zoning district that the business is located within. (Identifying signs to be not more than four (4) square feet in total, located on the building and consistent with the character of the building).
(3) A maximum of five (5) units may be established in a structure.
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or country.
(5) All guest rooms shall be contained within the principal structure.
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period.
(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code.
(9) A conditional use permit shall be terminated upon occurrence for the following:
(a) Non-compliance with the provisions of these provisions.
(b) Transfer of ownership of said property from the owner/operator.
(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(O) Recreational centers.
(P) Self-service storage facility. The storage facility cannot result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, lighting, outdoor activities, fire hazard, safety hazard, visual blight, incompatibility to the surrounding neighborhood, or any other adverse impact as determined by the City Council.
(1) No on-site sales shall be conducted, other than the rental of storage spaces.
(2) All storage shall be fully enclosed within the storage structure.
(3) No containers of flammable or hazardous materials other than normal household quantities shall be stored on-site. Quantities shall be stored per local code requirements. Exception: Quantities over the normal household amounts can be stored if stored per local code and reported and registered with the local fire department.
(Q) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principal structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principal structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(R) Recycling facility. Recycling facilities are subject to the following minimum requirements:
(1) All operations shall be conducted within a building or an enclosed area.
(2) Facilities shall comply with all Pollution Control Agency (PCA) regulations.
(3) Facilities taking household hazardous waste materials must be licensed by the Minnesota Pollution Control Agency (MPCA).
(4) An MPCA approved recording system shall be maintained indicating the type and quantity of recyclables passing through the facility.
(5) A sign, subject to city approval, shall be posted on premises indicating the facility name, schedule of days and hours of operation and prices for use.
(6) The recycling facility shall be so situated, operated and maintained so as to limit interference with and impact on other activities and uses in the area.
(7) The premises, entrances and exits shall be maintained in a clean and orderly manner at all times.
(8) All incoming and outgoing traffic shall be controlled by the property owner in such a manner as to provide safe and orderly ingress and egress.
(9) All unloading of recyclables from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside of the facility.
(S) Churches and other places of worship.
(T) Land reclamation. See § 150.015.
(U) Mining. See § 150.016.
(V) Health care facilities. Including hospitals, clinics, nursing homes and other similar health care facilities.
(W) Residential facilities as defined by § 150.002.
(X) Welding and fabrication.
(Ord. 395, passed 7-6-2010; Am. Ord. 422, passed 5-20-2014; Am. Ord. 435, passed 6-16-2015) Penalty, see § 150.999
§ 150.148 INTERIM USES.
Those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.149 ACCESSORY USES.
Within any B-2 General Business District, the following uses shall be permitted accessory uses:
(A) Incidental uses. Any incidental repair or processing necessary to conduct a permitted principal use, however, such accessory use shall not occupy more than fifty percent (50%) of the floor area nor require more than fifty percent (50%) of the gross man hours required to conduct the permitted use.
(B) Adult use - accessory.
(1) Adult use accessory shall:
(a) Comprise no more than five percent (5%) of the floor space of the establishment in which it is located.
(b) Comprise no more than ten percent (10%) of the gross receipts of the entire business operation.
(c) Not include any activity except the sale or rental of merchandise.
(d) Not include activities classified as obscene as defined by M.S. § 617.241.
(e) Be prohibited in any location used to dispense or consume alcoholic beverages.
(2) Adult use accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access. Business owners shall make reasonable precaution to limit access to minors by:
(a) Movie rentals. Display areas shall be restricted form general view and shall be situated in such fashion as to prohibit access and visibility to minors, the access of which is in clear view and under the control of the persons responsible for the operation.
(b) Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
(c) Other use. Adult uses accessory not specifically cited in (a) and (b) above shall comply with the intent of this section and only be allowed as a conditional use.
(3) Adult use accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.150 PROHIBITED USES.
Residential dwelling(s) as a principal use.
(Ord. 395, passed 7-6-2010)
§ 150.151 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
(A) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district:
Area (sq. ft.) | Frontage (sq. ft.) | Height (ft.) | Front Yard Setback (ft.) | Side Yard Setback (ft.) | Rear Yard Setback (ft.) |
Principal structures: | |||||
9,000 | 75 | 30 or 3 stories, whichever is lesser | 20 | Same as the R district when abutting an R district | 0 except it shall be 20 when abutting an R district |
Accessory structures: | |||||
15 | |||||
(B) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.152 SPECIAL REQUIREMENTS FOR PROPERTIES ABUTTING RESIDENTIAL DISTRICTS.
(A) In addition to the above minimum requirements, the owner or developer of property abutting a residential district shall prepare a Site Plan showing the ultimate proposed development. The Site Plan drawn to scale shall, at a minimum, show landscaping, buildings and structures, vehicular and pedestrian access and enough of the surrounding area to indicate the relationship of the proposed development to the adjacent residential uses. The purpose of the Site Plan is to allow an evaluation of how residential uses adjacent to the subject property will be impacted by the proposed development or use. The nature of impacts to be considered shall include appearance, noise, odor, light and fire, traffic, and other hazards.
(B) The Site Plan shall be submitted to the Planning Commission for their review and comment. The Planning Commission shall make a recommendation to the City Council and the City Council upon receiving and reviewing the Planning Commission’s recommendation, shall make a decision whether or not to approve the Site Plan as a basis for development of the subject property. The issuance of a building permit or permits concerning development on the subject property shall be contingent on an approved Site Plan filed with the city.
(Ord. 395, passed 7-6-2010)
§ 150.153 APPEARANCE.
Construction of accessory buildings over one hundred forty-four (144) square feet and additions to structures on a lot shall match and generally be constructed of, or exceed, the same exterior materials as the structure being added to.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.154 DESIGN STANDARDS.
(A) In addition to all other minimum requirements, the owner or developer of property within the B-2 District shall be required to construct all new buildings in the following manner.
(1) Exterior surfaces of all walls abutting a street or residential district shall be brick, rock face brick, cementitious siding, stone, decorative concrete block, glass, log, cedar, architectural metal siding, stucco, synthetic stucco, or cast in place and/or precast panels.
(2) Under no circumstances shall sheet plywood, sheet metal, corrugated metal, or unfinished concrete block be deemed acceptable as exterior wall material on walls abutting a street or on walls abutting a residential district.
(3) Other materials may be allowed upon site plan approval by the City Council.
(B) These requirements shall not apply to building additions, unless the addition is fifty percent (50%) or greater in floor area than the existing building. In such case, all new and existing exterior surfaces of walls abutting a street or residential district shall meet the requirements of § 150.152.
(C) These requirements shall not apply to residential structures located in the B-2 District, unless the structures are used for non-residential purposes.
(Ord. 395, passed 7-6-2010)
§ 150.160 I-1 LIMITED INDUSTRIAL DISTRICT.
The I-1 Limited Industrial District is intended to provide a district for the conduct of manufacturing and general warehousing under high standards of appearance and conditions where all noise, vibrations, and glare produced on the premises is confined thereto. Industrial activities generating smoke, fumes or noxious odors detectable beyond the limits of their premises will be prohibited from this district.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.161 PERMITTED USES.
Within the I-1 Limited Industrial District no structure or land shall be used except for one (1) or more of the following uses:
(A) Automotive repair and parts.
(B) Builder’s or contractor’s yards, building material and lumber sales or rental yards, farm machinery sales, feed sales, dirt, sand, gravel and rock sales, provided any such operations are enclosed by a solid wall or fence not less than six (6) feet in height and that such use is located not less than one hundred (100) feet from all R district boundaries.
(C) Bus or truck storage or maintenance shops.
(D) Grain elevators.
(E) Wholesaling and warehousing.
(F) Motor freight terminals.
(G) Manufacturing. The conducting of any of the following operations or the processing or fabrication of any of the following articles or products:
(1) Bag, carpet, and rag cleaning; provided necessary equipment is installed and operated for the effective precipitation in or recovery of dust;
(2) Bakery goods;
(3) Beds, bedsprings and mattresses;
(4) Belting and chain conveyors;
(5) Bicycles and toys;
(6) Boat building or repair;
(7) Camera and photographic supplies;
(8) Canvas and canvas products;
(9) Ceramic products manufacturing, using kilns fired only by electricity or gas;
(10) Cork and cork products;
(11) Drugs, cosmetics, pharmaceuticals and toiletries;
(12) Electric motors, generators, transformers, and other controls, including rebuilding;
(13) Engraving and printing;
(14) Felt manufacturing products;
(15) Food products – production, canning or packaging;
(16) Glass, cellophane, leather, feathers, fur, precious or semi-precious metals, hair, horn paper, plastic, shell, wax, wood, and yarn products, provided they are produced from previously prepared materials;
(17) Heating, washing, cooling, drying, cleaning, television, and radio appliances, including sheet metal work, ornamental iron, welding, and stamping;
(18) Ice manufacturing, cold storage plants, bottling works;
(19) Machined, welded, stamped, extruded and forged parts;
(20) Metal polishing;
(21) Milk products - creameries, dairy plants, ice cream plants, subject to City Engineer approval that sanitary waste facilities are available;
(22) Mill work - cabinet shop;
(23) Musical instruments;
(24) Paper products - boxes, bags, envelopes, etc.;
(25) Rubber, plastics and synthetic rubber products;
(26) Shoes and boots;
(27) Signs;
(28) Sporting equipment; and
(29) Tools, hardware and small metal products.
(H) Adult uses. As defined in this Zoning Code, subject to the following provisions:
(1) Activities classified as obscene as defined by M.S. § 617.241 are not permitted and are prohibited.
(2) Shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.
(3) Adult use - permitted. Shall be located at least four hundred (400) radial feet, as measured in a straight line for the closest point of the property line of the building upon which the adult use permitted is located to the property line of:
(a) Residentially zoned property or residential uses;
(b) Business zoned property or business uses;
(c) From any township line;
(d) A licensed day care center;
(e) A public or private education facility classified as an elementary, junior high, or senior high;
(f) A public library;
(g) A public park, site, or trail;
(h) Another adult permitted use;
(i) Churches; and
(j) An on or off sale liquor, wine, or beer establishment.
(4) Adult use - permitted, shall adhere to the following signing regulations, in addition to other regulations for this district:
(a) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.
(b) Shall not contain material classified as advertising.
(c) Shall not display a sign containing representational depictions of an adult nature or graphic descriptions of an adult theme.
(5) Adult use - permitted shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.
(6) Adult use - permitted, shall be closed between the hours of 11:00 p.m. to 8:00 a.m. the following day.
(7) The premises on which a permitted adult use is constructed or operated shall be so constructed or operated to:
(a) Completely cover the windows and doors of its operation with an opaque covering to prevent off-site viewing of its merchandise or operations.
(b) Have all entrances, except for emergency fire exits which are not usable to patrons to enter the business, visible form the public right-of-way.
(c) Be so designed that management of the establishment and any law enforcement personnel can observe all patrons while they have access to any merchandise offered for sale or viewing, including, but not limited to books, magazines, photographs, videotapes, or any other person or materials.
(d) Have the exterior of the premises illuminated in a manner adequate to observe the location, activities, and identity of all persons on the exterior premises.
(e) Be so designed that all rooms, stalls, or other areas used by patrons have at least one (1) side open to public view, and be so lighted as to afford full visibility from an adjacent public room.
(f) Partitions between public rooms shall be free of all apertures and holes.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.162 CONDITIONAL USES.
Within any I-1 Industrial District no structures or land shall be used for the following uses except by conditional use permit.
(A) Research laboratories.
(B) Public utility structures.
(C) Airports.
(D) Inflammable fluid storage.
(E) Heat treating or plating.
(F) Flour or grain mills.
(G) Distilleries and blending facilities.
(H) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principal structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principal structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(I) Any permitted or conditional use that is over fifty percent (50%) lot coverage. (See also § 150.185(D))
(J) Recycling Facility. Subject to the following minimum requirements:
(1) All operations shall be conducted within a building or an enclosed area.
(2) Facilities shall comply with all Pollution Control Agency (PCA) regulations.
(3) Facilities taking household hazardous waste materials must be licensed by the Minnesota Pollution Control Agency (MPCA).
(4) An MPCA approved recording system shall be maintained indicating the type and quantity of recyclables passing through the facility.
(5) A sign, subject to city approval, shall be posted on premises indicating the facility name, schedule of days and hours of operation and prices for use.
(6) The recycling facility shall be so situated, operated and maintained so as to limit interference with and impact on other activities and uses in the area.
(7) The premises, entrances and exits shall be maintained in a clean and orderly manner at all times.
(8) All incoming and outgoing traffic shall be controlled by the property owner in such a manner as to provide safe and orderly ingress and egress.
(9) All unloading of recyclables from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside of the facility.
(K) Land reclamation. See § 150.015.
(L) Mining. See § 150.016.
(M) Display and sale of recreational vehicles.
(N) Storage and repair of carnival equipment.
(O) Unattended fueling facility.
(Ord. 395, passed 7-6-2010; Am. Ord. 440, passed 8-18-2015) Penalty, see § 150.999
§ 150.163 INTERIM USES.
Those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.164 ACCESSORY USES.
Within any I-1 Industrial District no accessory structure or use of land shall be used except for one (1) or more of the following uses.
(A) Incidental uses. Any incidental structures or uses necessary to conduct a permitted principal use.
(B) Off-street parking.
(C) Self-serve and automated car/truck wash facilities.
(D) Self-serve pet wash facilities.
(Ord. 395, passed 7-6-2010; Am. Ord. 417, passed 2-19-2013) Penalty, see § 150.999
§ 150.165 PROHIBITED USES.
(A) Uses not listed. Other commercial and industrial uses determined by the Planning Commission and City Council to be of the same general character as identified permitted and conditional uses and found not to be detrimental to the general public’s health, safety, and welfare. The use will be placed in the category based upon its compatibility to those uses listed.
(B) Residential. Residential structures and related residential uses such as schools, hospitals, churches, boarding houses, hotels and similar businesses related to residential use, shall not be permitted except for security reasons in relation to a principal use.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.166 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
(A) Side yards. Side yards abutting a public street shall not be less than thirty (30) feet of which at least ten (10) feet bordering the streets shall be landscaped including, as a minimum, trees planted not more than twenty (20) feet apart. Whenever a railroad right-of-way abuts a lot along the side or rear, no side or rear yard shall be required abutting the right-of-way.
(B) Abutting R district. Whenever an I district abuts an R district, the required setback shall be fifty (50) feet.
(C) Floor-lot area ratio. The floor-lot area ration within the I-1 district shall not exceed fifty percent (50%) lot coverage with the exception that a conditional use permit may be issued for lot coverage over fifty percent (50%).
(D) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district:
Area (ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Interior Side Yard Setback (ft.) | Rear Yard Setback (ft.) |
40,000 | 150 | 45 or 3 stories, whichever is lesser | 50 | 30/15 | 20 |
(E) Landscaping requirements. The front yard may be used for parking except that ten (10) feet bordering the public right-of-way shall be landscaped to a design approved by the city.
(F) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.167 SPECIAL REQUIREMENTS FOR PROPERTIES ABUTTING RESIDENTIAL DISTRICTS.
(A) In addition to the above minimum requirements, the owner or developer of property abutting a residential district shall prepare a Site Plan showing the ultimate proposed development. The Site Plan drawn to scale shall, at a minimum, show landscaping, buildings and structures, vehicular and pedestrian access and enough of the surrounding area to indicate the relationship of the proposed development to the adjacent residential uses. The purpose of the Site Plan is to allow an evaluation of how residential uses adjacent to the subject property will be impacted by the proposed development or use. The nature of impacts to be considered shall include appearance, noise, odor, and light and fire, traffic, and other hazards.
(B) The Site Plan shall be submitted to the Planning Commission for their review and comment. The Planning Commission shall make a recommendation to the City Council and the City Council upon receiving and reviewing the Planning Commission’s recommendation, shall make a decision whether or not to approve the Site Plan as a basis for development of the subject property. The issuance of a building permit or permits concerning development on the subject property shall be contingent on an approved Site Plan filed with the city.
(Ord. 395, passed 7-6-2010)
§ 150.168 DESIGN STANDARDS.
(A) In addition to all other minimum requirements, the owner or developer of industrial property shall be required to construct all new primary and accessory buildings in the following manner:
(1) Major exterior surfaces on all walls abutting a street shall be brick, rock face brick, cementitious siding, stone, decorative concrete block, glass, commercial grade metal siding, stucco, synthetic stucco or cast in place and/or precast panels.
(2) Under no circumstances shall sheet plywood, sheet metal, galvanized metal, unfinished concrete block, asbestos or iron be deemed acceptable as exterior wall material on walls abutting a street.
(3) Other materials may be allowed upon site plan approval by the city.
(B) These requirements shall not apply to building additions unless said addition is greater in floor area than the existing building. Further, if and when the combined area of all additions exceed the original footprint of the building, all major exterior surfaces abutting a street must be constructed with approved construction materials, including the original building.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.180 I-2 GENERAL INDUSTRIAL DISTRICT.
The I-2 General Industrial District is intended to provide a district which will accommodate a wide range of manufacturing activities and will generally be separated from residential districts by either a B or I-1 district.
(Ord. 395, passed 7-6-2010)
§ 150.181 PERMITTED USES.
Within the I-2 Industrial District no structure or land shall be used except for one (1) or more of the following uses.
(A) I-1 uses, those uses permitted in § 150.161.
(B) Concrete block plant, concrete mixing plant, asphalt mixing plant.
(C) Heat treating plant.
(D) Stone, marble and granite grinding and cutting.
(E) Manufacture of housing (manufactured homes and prefabricated structures).
(F) Manufacture of farm equipment and machinery.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.182 CONDITIONAL USES.
Within any I-2 General Industrial District, no structure or land shall be used for the following uses except by conditional use permit.
(A) Explosives. Activities involving the storage or manufacturing of material or products which decompose by detonation.
(B) Acid manufacturing.
(C) Research laboratories, including potential hazards of fire, explosion.
(D) Public utility structures.
(E) Airports.
(F) Automobile reduction yard.
(G) Inflammable fluid storage.
(H) Brewing or distilling liquors.
(I) Enameling, lacquering or jopanning.
(J) Flour or grain mill.
(K) Boiler shops, machine shops and similar operations where hammers or presses of twenty (20) tons rated capacity are used or employment is over twenty-five (25) persons.
(L) Junk yards.
(M) Animal rendering plants.
(N) Live animal sales.
(O) Refuse dumps.
(P) Slaughter houses and packing plants.
(Q) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principal structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principal structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(R) Any permitted or conditional use that is over fifty percent (50%) lot coverage. (See also § 150.186(D))
(S) Recycling Facility. Subject to the following minimum requirements:
(1) All operations shall be conducted within a building or an enclosed area.
(2) Facilities shall comply with all Pollution Control Agency (PCA) regulations.
(3) Facilities taking household hazardous waste materials must be licensed by the Minnesota Pollution Control Agency (MPCA).
(4) An MPCA approved recording system shall be maintained indicating the type and quantity of recyclables passing through the facility.
(5) A sign, subject to city approval, shall be posted on premises indicating the facility name, schedule of days and hours of operation and prices for use.
(6) The recycling facility shall be so situated, operated and maintained so as to limit interference with and impact on other activities and uses in the area.
(7) The premises, entrances and exits shall be maintained in a clean and orderly manner at all times.
(8) All incoming and outgoing traffic shall be controlled by the property owner in such a manner as to provide safe and orderly ingress and egress.
(9) All unloading of recyclables from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside of the facility.
(T) Land reclamation. See § 150.015.
(U) Mining. See § 150.016.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.183 INTERIM USES.
Those other uses which in the opinion of the Planning Commission are appropriate only on an interim basis, and pursuant to § 150.037.
(Ord. 395, passed 7-6-2010)
§ 150.184 ACCESSORY USES.
Within any I-2 Industrial District no accessory structure or use of land shall be used except for one (1) or more of the following uses.
(A) Incidental uses. Any incidental structures or use necessary to conduct a permitted principal use including residential structures for security when related to a principal use.
(B) Off-street parking. As regulated by this Zoning Code.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.185 PROHIBITED USES.
The following uses are prohibited in the I-2 Industrial District.
(A) Uses not listed. Other commercial and industrial uses determined by the Planning Commission and City Council to be of the same general character as identified permitted and conditional uses and found not to be detrimental to the general public’s health, safety, and welfare. The use will be placed in the category based upon its compatibility to those uses listed.
(B) Residential. Residential structures and related residential uses such as schools, hospitals, churches, boarding houses, hotels and similar businesses related to residential use, shall not be permitted except for security reasons in relation to a principal use.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.186 AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS.
(A) Side yards. Side yards abutting a street shall not be less than thirty (30) feet. Whenever a railroad right-of-way abuts a lot along the side or rear, no side or rear yard shall be required abutting the right-of-way.
(B) Abutting R district. Whenever an I district abuts an R district, the required setback shall be fifty (50) feet.
(C) Floor-lot area ratio. The floor-lot area ratio within the I-2 district shall not exceed fifty percent (50%) lot coverage with the exception that a conditional use permit may be issued for lot coverage over fifty percent (50%).
(D) Landscaping required. The front yard may be used for parking and loading and unloading, except that ten (10) feet bordering the public right-of-way shall be landscaped to a design approved by the city.
(E) Area, frontage, and yard requirements. The following requirements shall be the minimum permitted in this district:
Area (ft.) | Frontage (ft.) | Height (ft.) | Front Yard Setback (ft.) | Interior Side Yard Setback (ft.) | Rear Yard Setback (ft.) |
40,000 | 150 | 45 or 3 stories, whichever is lesser | 50 | 30/15 | 20 |
(F) No building permits shall be issued until a complete drainage system has been reviewed by the city. If deemed appropriate, the City Building Official may require approval of the drainage system by the City Engineer.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.187 SPECIAL REQUIREMENTS FOR PROPERTIES ABUTTING RESIDENTIAL DISTRICTS.
(A) In addition to the above minimum requirements, the owner or developer of property abutting a residential district shall prepare a Site Plan showing the ultimate proposed development. The Site Plan drawn to scale shall, at a minimum, show landscaping, buildings and structures, vehicular and pedestrian access and enough of the surrounding area to indicate the relationship of the proposed development to the adjacent residential uses. The purpose of the Site Plan is to allow an evaluation of how residential uses adjacent to the subject property will be impacted by the proposed development or use. The nature of the impacts to be considered shall include appearance, noise, odor, light, fire, traffic, and other hazards.
(B) The Site Plan shall be submitted to the Planning Commission for their review and comment. The Planning Commission shall make a recommendation to the City Council and the City Council upon receiving and reviewing the Planning Commission’s recommendation, shall make a decision whether or not to approve the Site Plan as a basis for development of the subject property. The issuance of a building permit or permits concerning development on the subject property shall be contingent on an approved Site Plan filed with the city.
(Ord. 395, passed 7-6-2010)
§ 150.188 DESIGN STANDARDS.
(A) In addition to all other minimum requirements, the owner or developer of industrial property shall be required to construct all new primary and accessory buildings in the following manner:
(1) Major exterior surfaces on all walls abutting a street shall be brick, rock face brick, cementitious siding, stone, decorative concrete block, glass, commercial grade metal siding, stucco, synthetic stucco or cast in place and/or precast panels.
(2) Under no circumstances shall sheet plywood, sheet metal, galvanized metal, unfinished concrete block, asbestos or iron be deemed acceptable as exterior wall material on walls abutting a street.
(3) Other materials may be allowed upon site plan approval by the city.
(B) These requirements shall not apply to building additions unless said addition is greater in floor area than the existing building. Further, if and when the combined area of all additions exceed the original footprint of the building, all major exterior surfaces abutting a street must be constructed with approved construction materials, including the original building.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.195 STANDARDS FOR ALL DISTRICTS.
The guiding of urban development so as to bring about a compatible relationship of uses depends upon certain standards being maintained. Permitted uses, uses by conditional permit and accessory uses in the various districts shall conform to the following standards. These standards apply in all districts.
(Ord. 395, passed 7-6-2010)
§ 150.196 NOISE.
Any use established shall be so operated that no noise resulting from said use is perceptible beyond the boundaries of the lot line of the site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction, or maintenance operations.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.197 SMOKE, ETC.
All uses shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort, or general welfare of the public. For purpose of determining when the degree of smoke is unsatisfactory, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be of a density greater than No. 2 in the Ringelmann Chart.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.198 TOXIC OR NOXIOUS MATTER.
All use shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detectable or to endanger the public heath, safety, comfort or welfare, or cause injury to damage to property or business.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.199 ODORS.
All uses shall be so operated as to prevent the emission of odorous matter in such qualities as to be readily detectable at any point beyond the lot line of the site on which such use is located.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.200 VIBRATION.
Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.201 GLARE OR HEAT.
Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.202 EXPLOSIVES.
Any use requiring the storage, utilization, or manufacturing of products which would decompose by detonation shall be located not less than four hundred (400) feet from any R district line.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.203 WASTE MATERIAL.
Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from the city. If said permit is not granted, a method of disposal shall be devised which will not require continuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of a solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.210 PURPOSE, FINDINGS AND EFFECT.
(A) Purpose and intent. It is not the purpose or intent of this subchapter to regulate the message displayed on any sign; nor is it the purpose or intent of this subchapter to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this subchapter is to:
(1) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare;
(2) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter harmful to the appearance of the community;
(3) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city’s goals of public safety and aesthetics; and
(4) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.
(B) Findings. The City Council hereby finds as follows:
(1) Exterior signs have a substantial impact on the character and quality of the environment;
(2) Signs provide an important medium through which individuals may convey a variety of messages;
(3) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare; and
(4) The city’s zoning regulations include the regulation of signs in an effort to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community.
(C) Effect. A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of these regulations. The effect of this subchapter, as more specifically set forth herein, is to:
(1) Allow a variety of sign types in commercial and industrial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this subchapter;
(2) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this subchapter;
(3) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment, and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare; and
(4) Provide for the enforcement of the provisions of this subchapter.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.211 SEVERABILITY.
If any section, subsections, sentence, clause or phrase of this subchapter is for any reason held to be invalid, the decision shall not affect the validity of the remaining portions of this subchapter. The City Council hereby declares that it would have adopted the subchapter in each section, subsections, sentence or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases is declared invalid.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.212 DEFINITIONS.
For the purpose of this Zoning Code and other applicable ordinances, certain words and terms are defined as follows.
ABANDONED SIGN. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of six (6) months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of the business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or variance shall also be subject to the definition of ABANDONED SIGN.
ADDRESS SIGN. A sign communicating street address only, whether script or in numerical form. Address numbers shall be a minimum of four (4) inches in height.
AREA IDENTIFICATION SIGN. A wall or monument sign which identifies the name of a residential development consisting of ten (10) or more lots, a multiple residential development consisting of two (2) or more primary structures, multi-family dwelling groups of six (6) or more units; a religious or public institution; or, any integrated combination of the above. The sign shall be limited only to the identification of the development or institution.
ARTIFICIAL LIGHT. Illumination resulting from internal or external artificial light sources, including glare and reflected light by-products of artificial light.
BANNER SIGN. A temporary sign typically made of cloth, plastic or vinyl materials. BANNER SIGNS shall not be considered permanent signage.
BENCH SIGN. A sign affixed to a sitting bench.
BILLBOARD. Any permanent sign that identifies or communicates a commercial or non-commercial message which does not relate in its subject matter to the premises on which it is located. A BILLBOARD shall be considered either a freestanding or pylon sign, shall meet the respective area and height requirements as regulated herein, and shall be limited to two (2) sides.
CANOPY/MARQUEE/AWNING SIGN. Any message or identification affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly.
COMMERCIAL SPEECH SIGN. Speech or graphics advertising a business, profession, commodity, service or entertainment.
CONSTRUCTION SIGN. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties.
DIRECTIONAL SIGN. A sign erected on public or private property which bears the address and/or name of a business, institution, church or other use or activity plus directional arrows or information on location.
DIRECTORY SIGN. An exterior informational wall sign which does not exceed four (4) square feet and identifies the names of businesses served by a common public entrance in a shopping center.
DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display, and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink”, or any other method or technology that allows the sign face to present a series of images or displays.
FREESTANDING SIGN. A self-supporting sign and sign structure, both of which are not more than twelve (12) feet in height. The sign shall be limited in area to a maximum of thirty-five (35) square feet on each face.
GOVERNMENT SIGN. A sign erected by a unit of government.
GROSS SURFACE AREA OF SIGN. The entire area in square feet within a single continuous perimeter enclosing the extreme limits of the complete message of any sign, which limits shall include the surface on which the message is affixed, unless the individual letters of the message re-affixed directly to the surface of a wall, in which case the maximum height and width shall apply. Such permits shall not include any structural elements lying outside the limits of the sign surface which do not form an integral part of the sign message, except where the sign structure is held by the Zoning Administrator to be larger than required for structural strength.
INFORMATIONAL SIGN. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification.
INSTITUTIONAL SIGN. A sign or bulletin board which identifies the name or other characteristics of a public, semi-public, or private institution on the site where the sign is located. Institutions shall include churches, schools, city buildings, and other non-profit and charitable organizations.
INTEGRAL SIGN. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made bronze, aluminum or other permanent type of construction, and made an integral part of the structure.
MAXIMUM HEIGHT OF SIGN. The vertical distance measured from the nearest finished grade to the highest limit of such sign.
MINIMUM HEIGHT OF SIGN. The vertical distance measured from the nearest finished grade to the lower limit of such sign.
MONUMENT SIGN. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure. MONUMENT SIGNS shall not exceed thirty six (36) square feet in area and not more than six (6) feet in height.
NON-COMMERCIAL SPEECH. Dissemination of messages not classified as commercial speech, which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
NONCONFORMING SIGN.
(1) LEGAL. A sign which lawfully existed at the time of the passage of this zoning code or amendment thereto, but which does not conform with the regulations of this zoning code.
(2) ILLEGAL. A sign which was constructed after the passage of this zoning code or amendments thereto, and does not conform with the regulations of this zoning code.
OFF-PREMISE SIGN. A commercial speech sign advertising a business, commodity, service or entertainment conducted, sold or offered elsewhere other than upon the property on which the sign is located.
ON-PREMISE SIGN. A commercial speech sign advertising a business, commodity, service or entertainment conducted, sold or offered upon the property on which the sign is located.
PORTABLE SIGN. A sign so designed as to be movable from one (1) location to another and which is not permanently attached to the ground or structure, such as portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle.
PROJECTING SIGN. Any sign that projects more than twelve (12) inches out over the front edge of the roof structure and/or the face of the building at a perpendicular angle to the building.
PYLON SIGN. A self-supporting sign and sign structure, both of which are not more than thirty-five (35) feet in height. The sign shall be limited in area to a maximum of two hundred (200) square feet per face.
REAL ESTATE SIGN. Any sign pertaining to the sale, lease or rental of land or buildings. Such signs may only be placed upon the land or buildings being advertised for sale, lease or rental.
ROOF SIGN. Any sign erected, constructed or attached, wholly or in part, upon or over the roof of a building. The sign shall be limited in area to a maximum of fifty (50) square feet per face and a maximum of two (2) sign faces.
SHOPPING CENTER. Any contiguous group of two (2) or more retail stores or service establishments, comprising ten thousand (10,000) or more square feet of floor area, which provides off-street parking utilized in common by patrons.
SHOPPING CENTER IDENTIFICATION SIGN. A monument, freestanding or pylon sign and sign structure adjacent to an arterial street, which is limited to thirty-five (35) feet in height. The sign shall be limited in area to a maximum of two hundred (200) square feet.
SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes.
SIGN FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.
SIGN STRUCTURE. The framework and all associated brackets, braces, supports, wires and structures used to display an advertisement, announcement, message or visual communication.
TEMPORARY SIGN. A non-permanent sign affixed, erected or displayed on a parcel for a limited period of time, not to exceed ninety (90) days per improved parcel.
TOTAL ALLOWABLE SIGN AREA. The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated as to create a surface area in excess of the requirements.
TRAFFIC SIGN. A sign erected by a governmental unit for the purpose of directing or guiding traffic.
WALL SIGN. A single-faced sign affixed directly to or painted on, or otherwise inscribed on an exterior wall or window of any building, and projecting no more than twelve (12) inches.
WINDOW SIGN. Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass, and is visible from the exterior of the window. Such sign requires no permit and shall not be counted towards the total allowable sign area.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.213 PERMITS REQUIRED.
(A) Except as herein provided, it shall be unlawful for any person to erect, alter or relocate within the city any sign as defined in this subchapter without first obtaining a permit to do so, and making payment of the permit fee and surcharge.
(B) Those persons wishing to maintain or repair signs may do so without a permit when the maintenance does not alter the location or size of the existing sign.
(C) Those persons wishing to replace sign components (i.e., sign face(s), structure) may do so after first obtaining a permit. Permits for replacement of sign components shall not be subject to a permit fee or surcharge, so long as the work does not alter the location or size of the existing sign.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017) Penalty, see § 150.999
§ 150.214 APPLICATION FOR PERMIT.
Each application for a permit under this subchapter shall be submitted to the Zoning Administrator, and shall include a permit fee as established by City Council resolution, and surcharge based upon the valuation of the sign. Temporary sign permit applications shall also include a permit fee as established by City Council resolution, but are exempt from the surcharge. Each application shall state or have attached thereto the following information.
(A) Name, address, and telephone number of person for whom sign is being erected. Name of person, firm, corporation or association erecting structure.
(B) A complete description of the sign and a sketch showing its size, manner of construction and such other information as shall be necessary to inform the Zoning Administrator of the kind, size, material and construction of the sign, including the proposed location of the sign and the location of building, structure or lot to which, or upon which the sign is to be attached or erected.
(C) Position of the sign and other advertising structures in relation to nearby buildings or structures, and lighting details.
(D) At the request of the Zoning Administrator/Building Official, two (2) drawings of the plans and specifications, and method of construction and attachment to the building or in the ground, any and all additional information as deemed necessary by the Zoning Administrator/Building Inspector.
(E) The Zoning Administrator/Building Official may waive requirements for technical information specified above where such information is not necessary to the determination of compliance.
(F) If a sign authorized by permit has not been installed within six (6) months after the date of issuance, the permit shall become null and void.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013)
§ 150.215 GENERAL PROVISIONS APPLICABLE TO ALL SIGNS.
(A) It shall be the responsibility of the permit holder and of the owner and/or lessee of the property and structure upon which any sign is located to:
(1) Keep the ground around any sign free of weeds and litter;
(2) All signs shall be maintained and kept in a safe condition by the owner. A sign shall be repainted if its paint begins to fade, chip or color;
(3) Immediately repair or remove any sign or sign structure which becomes unsafe, in a state of disrepair, insecure or a menace to the public following written notice of such condition from the city;
(4) All signs shall comply with maintenance sections of the Minnesota State Building Code as may be amended; and
(5) When electrical signs are installed, the installation shall be subject to the State Building Code and/or Electrical Code as may be amended.
(B) No sign or sign structure shall be placed on or protrude over the public right-of-way, except wall (maximum protrusion twelve (12) inches), canopy, awning, and marquee signs. Any sign affixed to the top side of a canopy/awning/marquee shall not exceed twelve (12) inches in height. Canopy/awning/marquee structures and signs shall be set back three (3) feet from the curb line. Exception: schools and churches, upon approval of the Public Works Director and Zoning Administrator, may request that the city install a directional sign on a city right-of-way. Sign to be paid for by the church or school. Limit of two (2) per church or school. No face sign shall be larger than two (2) feet, six (6) inches in any dimension, and shall be no more than six and one-quarter (6.25) square feet in area. The bottom of the sign shall be a minimum of seven (7) feet above grade at the curb line, and shall be located so as not to interfere with public roads and street signs and they shall maintain a safe site distance at street intersections. Signs must be properly maintained and may be removed by the Public Works Director if they are damaged or in violation of any part of this zoning code. The cost of sign replacement shall be paid by the church or school.
(C) All signs located over public right-of-ways or over public or private access routes shall be located a minimum of eight (8) feet over walking surfaces, and seventeen (17) feet, four (4) inches over vehicle-related access routes.
(D) The temporary use of portable signs and similar devices shall require a permit. The permit shall be prominently displayed during the period of validity.
(E) All height restrictions on signs shall include height of sign structure, and shall be measured from nearest finished grade.
(F) The top edge of a wall sign shall not extend above the mean level of the roof, except where there is a mansard roof, in which case the sign shall then not exceed the height of the mansard.
(G) Where a building contains more than one (1) business, the allowable sign area for any single business is its portion of the gross square footage of the building applied as a percentage to the allowable sign area of the entire building.
(H) Signs are allowable as an accessory use in all districts except where prohibited by this subchapter.
(I) Any business closing its doors for business or permanently going out of business must remove signage within ninety (90) days of the closure of the business.
(J) All conforming signs and sign structures not used by a tenant or owner shall be removed by the owner of the premises after six (6) months of non-use.
(K) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(L) A sign shall be allowed as a principal use in the B-2 (General Business) District. This provision shall not include temporary signs as defined and regulated herein.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013: Am. Ord. 452, passed 10-17-2017) Penalty, see § 150.999
§ 150.216 PROHIBITED SIGNS.
The following signs are hereby prohibited:
(A) Signs that by reason of position, shape or color would interfere with the proper function of a traffic sign, signal or be misleading to vehicular or pedestrian traffic;
(B) Signs within a public right-of-way or easement, except for signs installed by governmental units or as otherwise permitted by this subchapter;
(C) Signs that resemble any official marker erected by a governmental agency or that display such words as “stop” or “danger” which are not erected by legal authority;
(D) Signs tacked, posted, or otherwise affixed to trees, fences, poles or other structures not considered to be sign structures;
(E) Roof signs, except in the B-1 (Central Business) District;
(F) Signs painted or attached to vehicles where the vehicle is parked on public or private property and not intended to be moved;
(G) Portable signs, except by temporary permit granted by the Zoning Administrator;
(H) The following signs larger than nine (9) square feet in area are prohibited: memorial signs or tablets, integral signs, names of buildings and date of erection when cut into any masonry surface, or when constructed of bronze or other noncombustible material and attached to the building; and
(I) Lighter than air, inflatable devices, other than balloons, utilized primarily to draw attention to an object, product, place, activity, person, institution, organization or business are prohibited within all zoning districts, except for the B-2 (General Business) District.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.217 SIGNS REQUIRING NO PERMIT.
The following signs shall be permitted without a permit.
(A) Non-commercial speech signs as defined herein.
(1) Notwithstanding any other provisions of this subchapter, all signs of any size containing non-commercial speech may be posted from forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election. Such signs shall only be installed with the permission of the property owner or lessee.
(2) One (1) non-commercial speech sign is allowed on each property outside of the above specified time period in excess of and in addition to the sign limitations of this subchapter.
(B) Directional signs located on, above or beside entrances or exits to buildings or driveways, which direct pedestrians, such as “Employees Entrance”, “Exit Only”, “Rest Rooms”, provided that such signs are no more than four (4) square feet in area.
(C) Temporary signs denoting the architect, engineer or contractor, when placed upon work under construction, provided each such sign is not more than thirty-two (32) square feet in area, and removed upon completion of construction. Construction signs shall not be erected before issuance of a building permit or remain after issuance of certificate of occupancy. Construction signs shall be confined to the site of the construction, alteration or repair. One (1) sign shall be permitted for each major street the project abuts.
(D) Integral signs as defined herein.
(E) Informational signs as defined herein.
(F) Real estate signs. Signs must be removed within fourteen (14) days of the closing or rental of property. Signs may not measure more than sixteen (16) square feet in residential districts, or more than thirty-two (32) square feet in all other districts. There shall be only one (1) sign per premise. Properties with more than one (1) street frontage are allowed a maximum of two (2) signs. Such signs shall not be less than five (5) feet from the right-of-way line unless flat against the structure.
(G) Flags, badges or insignias of any government, governmental agency or any civic, religious, fraternal or similar organization.
(H) Rummage/garage sale signs.
(I) Window signs as defined herein.
(J) Public signs, street signs, warning signs or signs of public service companies for the purpose of safety.
(K) Lighter than air, inflatable devices utilized primarily to draw attention to an object, product, place, activity, person, institution, organization or business shall only be allowed in the B-2 (General Business) District.
(L) Bench signs as defined herein. City Council approval is required prior to sign installation if the bench is located within a public right-of-way or easement.
(M) Ball field, score board, and park advertising. Such signs shall be permitted in all districts subject to the following conditions:
(1) Advertising signs shall require City Council approval prior to sign installation;
(2) Signs shall be placed in such a way so as to minimize the greatest possible extent of exposure to adjacent residential properties and public right-of-ways; and
(3) Signs shall not be illuminated when not in use for ball games or other activities.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.218 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.
(A) The following signs shall be allowed in the R-1 (Single Family Residential) and R-4 (Low Density Residential) Districts.
(1) One (1) address sign shall be required for each principal building. Such sign requires no permit and shall not count towards the total allowable sign area.
(2) One (1) nameplate or professional identification sign not exceeding four (4) square feet in area. Such sign requires no permit.
(3) Residential developments consisting of ten (10) or more lots may install a monument area identification sign. The number of residential development identification signs shall be based on the number of entrances to the development from arterial and collector streets as determined by the Zoning Administrator. Such signs shall not exceed thirty six (36) square feet in area per face or six (6) feet in height and no sign shall be so constructed as to have more than two (2) sign faces. The location of such signs requires administrative approval from the city.
(4) Non-residential uses of residential property may be allowed area identification signs as follows:
(a) One (1) wall sign not exceeding thirty-two (32) square feet is allowed per street frontage, except that religious uses and public institutions may be allowed one (1) wall sign not exceeding seventy-five (75) square feet per street frontage. Religious uses and public institutions containing more than one (1) principal structure or entity may be allowed one (1) wall sign not exceeding seventy-five (75) square feet per structure or entity per street frontage.
(b) One (1) monument sign shall be permitted per street frontage for each improved property regardless of how many separate non-residential uses are located on said property.
(5) All signs shall be setback a minimum of five (5) feet from any property line, and no sign shall exceed six (6) feet in height, as measured from the nearest finished grade to the highest limit of the sign.
(6) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(B) The following signs shall be allowed in the R-2 (Manufactured Home Park) District.
(1) One (1) address sign shall be required for each principal building. Such sign requires no permit and shall not count towards the total allowable sign area.
(2) Each manufactured home park may install up to a maximum of two (2) monument or free-standing area identification signs. Such signs shall comply with individual height and area requirements as defined herein and no sign shall be so constructed as to have more than two (2) sign faces. The location of such signs requires administrative approval from the city.
(3) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(C) The following signs shall be allowed in the R-3 (Multiple Dwelling) District.
(1) One (1) address sign shall be required for each principal building. Such sign requires no permit and shall not count towards the total allowable sign area.
(2) One (1) nameplate or professional identification sign not exceeding four (4) square feet in area. Such sign requires no permit.
(3) One (1) wall or canopy/marquee/awning sign for each multi-family dwelling structure containing nine (9) or more units. Such sign shall not exceed thirty-two (32) square feet in area.
(4) Multi-family dwelling structures containing nine (9) or more units and residential developments consisting of ten (10) or more lots may install a monument area identification sign. The number of residential development area identification signs shall be based on the number of entrances to the development from arterial and collector streets as determined by the Zoning Administrator. Such signs shall not exceed thirty-six (36) square feet in area per face or six (6) feet in height and no sign shall be so constructed as to have more than two (2) sign faces. The location of such signs requires administrative approval from the city.
(5) Non-residential uses of residential property may be allowed signs as follows:
(a) One (1) wall sign not exceeding thirty-two (32) square feet is allowed per street frontage, except that religious uses and public institutions may be allowed one (1) wall sign not exceeding seventy-five (75) square feet per street frontage. Religious uses and public institutions containing more than one principal structure or entity may be allowed one (1) wall sign not exceeding seventy-five (75) square feet per structure or entity per street frontage.
(b) One (1) monument sign shall be permitted per street frontage for each improved property regardless of how many separate non-residential uses are located on said property.
(6) All signs shall be setback a minimum of five (5) feet from any property line and no sign shall exceed six (6) feet in height as measured from the nearest finished grade to the highest limit of said sign.
(7) Signage shall be subject to zoning code § 150.013 (Traffic Visibility.)
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.219 SIGNS PERMITTED IN COMMERCIAL DISTRICTS.
(A) The following signs shall be allowed in the B-1 (Central Business) District.
(1) One (1) address sign shall be required for each principal building. Such sign requires no permit and shall not count towards the total allowable sign area.
(2) Any combination of wall, monument, freestanding or canopy/marquee/awning signs as follows:
(a) No individual business shall place more than four (4) wall signs on the principal building in which it is located;
(b) One (1) monument or freestanding sign shall be permitted per street frontage for each improved property, regardless of how many separate businesses are located on the property. Such signs shall comply with individual height and area requirements as defined herein, and shall be allowed a zero (0) foot setback from all property lines, except it shall be twenty (20) feet from any property line abutting an R district;
(c) Canopy/marquee/awning signs as regulated herein. Only the portions of the canopy/marquee/awning with lettering or logos shall be counted towards the total allowable sign area;
(d) One (1) roof sign shall be permitted per building regardless of how many separate businesses are located within the building. Such signs shall comply with area requirements as defined herein.
(3) The total allowable sign area for properties within the B-1 District shall not exceed twenty percent (20%) of the total gross silhouette area of the front wall of the principal building, except that properties with more than one (1) street frontage (including alleys) shall be permitted a total allowable sign area not to exceed twenty percent (20%) of the total gross silhouette area for each wall abutting a street frontage.
(4) The total allowable sign area for each business occupying a portion of a building shall correspond to its portion of the gross square footage of the building applied as a percentage to the total allowable sign area of the entire building.
(5) The GROSS SILHOUETTE shall be defined as that area within an outline drawing of the front of the building or storefront as may be applicable.
(6) In no case shall an individual sign exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged or integrated as to cause an advertising surface over two hundred (200) square feet in area.
(7) Gasoline pump island canopies shall be allowed three (3) signs in addition to those otherwise permitted on the principal structure. Canopy signs shall not exceed ten (10) feet in length or twenty (20) square feet in area each, and shall not be placed on the same side of the canopy. Such signs shall not count towards the total allowable sign area.
(8) One (1) sidewalk sign (sandwich board) shall be permitted on a public or private sidewalk as follows:
(a) Signage shall not obstruct free pedestrian passage on the sidewalk or create a safety hazard as determined by the Zoning Administrator. Further, a minimum of four (4) feet of sidewalk, as measured from the curb, shall remain free of signage;
(b) Signage shall not exceed ten (10) square feet in area per side and shall have a maximum of two (2) sides;
(c) Signage shall be located immediately in front of the place of business or along the primary pedestrian sidewalk for a business or business complex. Under no circumstance shall the signage be placed in the middle of a sidewalk or adjacent to the curb;
(d) Signage shall be maintained in a neat and orderly fashion;
(e) Signage shall be subject to zoning code § 150.013 (Traffic Visibility);
(f) Signage within the public right-of-way shall be removed from the sidewalk at the end of each business day;
(g) Signage may be removed by the city if it interferes with any city activity (i.e., snow removal, maintenance, safety);
(h) Any injury or damage caused by the placement of the sign in the public right-of-way shall be the sole liability and responsibility of the business owner and/or the owner of the sign; and
(i) Signage shall be allowed without a permit and shall not count towards the total allowable sign area.
(9) Dynamic display signs are permitted subject to the following regulations:
(a) The message may change no more often than every eight (8) seconds;
(b) The message must not continuously scroll or flash but shall remain constant for a minimum of eight (8) seconds; and
(c) The sign must be designed so as not to direct rays of light onto public right-of-way or adjacent property thereby creating a nuisance and potential safety hazard.
(10) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(B) The following signs shall be allowed in the B-2 (General Business) District.
(1) One (1) address sign shall be required for each principal building. Such sign requires no permit and shall not count towards the total allowable sign area.
(2) Any combination of wall, monument, freestanding, pylon and canopy/marquee/awning (as regulated below) signs as follows:
(a) No individual business shall place more than four (4) wall signs on the principal building in which it is located, except that businesses with two (2) or more street frontages shall be allowed a maximum of five (5) wall signs;
(b) One (1) monument, freestanding and pylon sign shall be permitted per street frontage for each improved property regardless of how many separate businesses are located on the property. Such signs shall comply with individual height and area requirements as defined herein, and shall be setback a minimum of three (3) feet from all property lines; and/or
(c) Canopy/marquee/awning signs as regulated herein. Only the portions of the canopy/marquee/awning with lettering or logos shall be counted towards the total allowable sign area.
(3) The total allowable sign area for properties within the B-2 District shall be seven hundred (700) square feet.
(4) The total allowable sign area for each business occupying a portion of a building shall correspond to its portion of the gross square footage of the building applied as a percentage to the total allowable sign area of the entire building.
(5) The GROSS SILHOUETTE shall be defined as that area within an outline drawing of the front of the building or storefront as may be applicable.
(6) In no case shall an individual sign exceed two hundred (200) square feet in area, nor shall two (2) or more signs be so arranged or integrated as to cause an advertising surface over two hundred (200) square feet in area.
(7) Gasoline pump island canopies shall be allowed a maximum of three (3) signs in addition to those otherwise permitted on the principal structure. Canopy signs shall not exceed ten (10) feet in length or twenty (20) square feet in area each, and shall not be placed on the same side of the canopy. Such signs shall not count towards the total allowable sign area.
(8) Establishments having a drive-through lane shall be allowed a maximum of two (2) on-site menu boards in addition to those signs otherwise permitted on the property. Each menu board shall be limited to fifty (50) square feet in area.
(9) Independent of the total allowable sign area for individual businesses, shopping centers shall be allowed one (1) shopping center identification sign, not to exceed two hundred (200) square feet in area or thirty-five (35) feet in height. Such signs shall be limited to locations adjacent to major entrances abutting arterial streets.
(10) Dynamic display signs are permitted, subject to the following regulations:
(a) The message may change no more often than every eight (8) seconds;
(b) The message must not continuously scroll or flash, but shall remain constant for a minimum of eight (8) seconds; and
(c) The sign must be designed so as not to direct rays of light onto public right-of-way or adjacent property thereby creating a nuisance and potential safety hazard.
(11) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.220 SIGNS PERMITTED IN INDUSTRIAL DISTRICTS.
The following signs shall be allowed in the I-1 (Limited Industrial) and I-2 (General Industrial) Districts.
(A) One (1) address sign shall be required for each principal building. Such sign requires no permit and shall not count towards the total allowable sign area.
(B) Any combination of wall, monument, freestanding, pylon and canopy/marquee/awning signs as follows:
(1) No individual business shall place more than two (2) wall signs on the principal building in which it is located, except that businesses with two (2) or more street frontages shall be allowed a maximum of three (3) wall signs;
(2) One (1) monument, freestanding and pylon sign shall be permitted per street frontage for each improved property regardless of how many separate businesses are located on the property. Such signs shall comply with individual height and area requirements as defined herein, and shall be setback a minimum of ten (10) feet from all property lines; and
(3) Canopy/marquee/awning signs as regulated herein. Only the portions of the canopy/marquee/awning with lettering or logos shall be counted towards the total allowable sign area.
(C) The total allowable sign area for properties within the I-1 and I-2 Districts shall not exceed twenty percent (20%) of the total gross silhouette area of the front wall of the principal building, except that properties with more that one (1) street frontage shall be permitted a total allowable sign area not to exceed twenty percent (20%) of the total gross silhouette area for each wall abutting a street frontage.
(D) The total allowable sign area for each business occupying a portion of a building shall correspond to its portion of the gross square footage of the building applied as a percentage to the total allowable sign area of the entire building.
(E) The GROSS SILHOUETTE shall be defined as that area within an outline drawing of the front of the building or storefront as may be applicable.
(F) In no case shall an individual sign exceed two hundred (200) square feet in area, nor shall two (2) or more signs be so arranged or integrated as to cause an advertising surface over two hundred (200) square feet in area.
(G) Permanent signs in the industrial districts shall be set back at least ten (10) feet from a public right-of-way, except in the case of a street that does not meet the requirements or § 153.049 of the subdivision code, regulating street design. In such case, permanent signs shall be set back ten (10) feet from the recommended right-of-way for the type of road classified in § 153.049 of the subdivision code.
(H) Dynamic display signs are permitted subject to the following regulations:
(1) The message may change no more often than every eight (8) seconds;
(2) The message must not continuously scroll or flash but shall remain constant for a minimum of eight (8) seconds; and
(3) The sign must be designed so as not to direct rays of light onto public right-of- way or adjacent property thereby creating a nuisance and potential safety hazard.
(I) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.221 TEMPORARY SIGNS.
Temporary signs shall be allowed within all commercial and industrial districts in excess of and in addition to the sign limitations of this subchapter, as well as in the R-1, R-3 and R-4 residential districts when the use is non-residential. The following provisions shall apply.
(A) Each application for a temporary sign permit under this section shall be submitted to the Zoning Administrator and shall include a permit fee as established by City Council resolution.
(B) No more than two (2) temporary signs shall be allowed on any parcel at any given time.
(C) Temporary sign permits shall expire ninety (90) days from the date of issuance.
(D) Temporary signs shall only be permitted on private property or by City Council approval if located on public property or right-of-way.
(E) Signage shall be subject to zoning code § 150.013 (Traffic Visibility).
(F) Each temporary sign is limited to sixty-four (64) square feet in area per sign face, and shall have no more than two (2) sign faces.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.222 ILLUMINATION.
External illumination of signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or adjacent residential property.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.223 NON-CONFORMING SIGNS.
(A) All signs, except temporary signs, existing upon the effective date of this subchapter shall be allowed to continue in the manner of operation providing there is no change in use. Temporary signs may only continue with a temporary permit.
(B) Any sign erected before the passage of this subchapter shall not be rebuilt, moved to a new location on the affected property or altered, except for the changing of movable parts of signs designed for changes or the repainting of display matter for maintenance purposes, without being brought into compliance with the requirements of this subchapter.
(C) Any sign in violation of this subchapter may be subject to confiscation. Confiscated signs shall be held by the city for ten (10) business days and, if not reclaimed by the owner, the signs shall be disposed of.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.224 ABATEMENT.
If the Zoning Administrator finds that any sign has been erected without the necessary permit(s) or any sign is being maintained in violation of any provision of this subchapter, he or she may give written notice of such violation to the sign installer, to the permit holder and/or to the owner, lessee or manager of the property. If after receiving the notice such person fails to remove or alter the sign so as to comply with the provisions of this subchapter, the sign shall be deemed to be a nuisance and may be abated by the city. The cost of such reasonable attorney’s fees may be levied as a special assessment against the property upon which the sign is located.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.225 APPEALS.
An applicant for a sign permit or a permit holder may appeal any order, requirement, decision, or determination made by the Zoning Administrator/Building Official in the enforcement of this subchapter, by filing a letter of appeal with the Zoning Administrator, requesting a hearing before the Planning Commission and the City Council. The Planning Commission shall make a recommendation to the City Council regarding the appeal, and the City Council shall decide all such appeals.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.226 VARIANCES.
The Planning Commission shall hear and make recommendations to the City Council on all requests for variances. The City Council shall decide all requests for variances from the literal provisions of this subchapter. The Council may approve such a variance upon a finding that the variance meets each of the following criteria, although it shall not be required to do so.
(A) There are exceptional or extraordinary circumstances or conditions applying to the property and/or structure(s) in question, which circumstances or conditions do not apply generally to their property and/or structures.
(B) The variance is necessary for the preservation of substantial property rights of the applicant.
(C) Under the circumstances of the particular situation, the variance will not adversely affect the health, safety, or general welfare of residents of the surrounding area or of the community as a whole.
(D) The variance will not conflict with the Comprehensive Plan.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.227 SUBSTITUTION CLAUSE.
The owner of any sign otherwise allowed by this subchapter may substitute a non-commercial speech sign in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
§ 150.240 PURPOSE AND INTENT.
(A) The city desires placement of towers to allow for the best telecommunication abilities of its citizens and businesses, but also to limit the number of towers by supporting collocation of carriers on a telecommunications antenna or tower. The city desires that towers not be placed on environmentally sensitive areas.
(B) In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to:
(1) Facilitate provision of wireless communications services to the residents and businesses of the city;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. This includes the co-locating of telecommunication carriers.
(Ord. 395, passed 7-6-2010)
§ 150.241 DEFINITIONS.
For the purpose of this chapter and other applicable ordinances certain words and terms are defined as follows:
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.
COMMERCIAL RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected for the commercial use of the information.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas, and other accessory development and related equipment.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized (ESMR), paging, and similar services that are marketed to the general public.
EQUIPMENT BUILDING, SHELTER OR CABINET A building or cabinet used by telecommunication providers to house equipment for a facility.
FALL ZONE. The distance equal to the height of the telecommunication tower or antenna.
LATTICE TOWER. A self-supporting structure, erected on the ground, which consists of metal strips or bars to support antennas and related equipment.
MONOPOLE. A wireless communication facility, which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
PRIVATE RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected for the non-commercial use of the information.
PUBLIC UTILITY. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this subchapter, commercial wireless communication service facilities shall not be considered public utility uses, and are defined separately.
RELATED EQUIPMENT. All equipment ancillary to the transmission and reception of voice and data radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.
STRUCTURE RIDGELINE. The line along the top of a roof or top of a structure, if it has no roof.
TELECOMMUNICATION FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas, other accessory development and related equipment.
TELECOMMUNICATION FACILITY - CO-LOCATED. A telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.
TELECOMMUNICATION FACILITY - COMMERCIAL. A telecommunication facility that is operated primarily for a business purpose or purposes.
TELECOMMUNICATION FACILITY - MULTIPLE USER. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one (1) or more antennas owned or used by more than one (1) public or private entity, excluding research and development industries with antennas to serve internal uses only.
TELECOMMUNICATION FACILITY - NON-COMMERCIAL. A telecommunication facility that is operated solely for a non-business purpose.
TELECOMMUNICATION TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet in height, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TOWER. Any pole, wire, structure or combination thereof, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting antenna or to serve as an antenna.
(Ord. 395, passed 7-6-2010)
§ 150.242 EXEMPT TELECOMMUNICATION FACILITIES.
The following are exempt from the regulations contained in this subchapter, with the exception that any telecommunication tower or antenna taller than fifteen (15) feet in height shall require the issuance of a building permit prior to installation/construction.
(A) A single round or building mounted receive-only radio or television antenna including any mast, for the sole use of the resident occupying a residential parcel on which the radio or television antenna is located, with an antenna height not exceeding thirty-five (35) feet as measured from grade.
(B) A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty-five (35) feet as measured from grade.
(C) A citizens band radio antenna, ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, existing at the time of the adoption of this subchapter.
(D) A ground or building mounted receive only radio or television satellite dish antenna (TVRO) provided the dish is not located in the front yard of the parcel in which it is located and provided the height of the dish does not exceed three (3) feet above the height of the ridgeline of the primary structure on the parcel.
(E) A ground or building mounted digital satellite link panel for high speed internet usage provided that the device is not located in the front yard of the parcel in which it is located and provided the height of the dish does not exceed three (3) feet above the height of the ridgeline of the primary structure on the parcel.
(F) City owned and operated towers supporting receive and/or transmit antennas, including supporting structures, for all public safety and service purposes, existing at the time of the adoption of this subchapter.
(Ord. 395, passed 7-6-2010)
§ 150.243 AMATEUR RADIO FACILITIES.
(A) In accordance with the Federal Communications Commission’s preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed thirty-five (35) feet in height within residential zoning districts. Such towers are subject to the site plan review process prior to installation. It shall be the responsibility of the applicant to provide the technical information necessary to demonstrate that the proposed height is necessary to successfully engage in effective amateur radio communications at the proposed location. Towers which exceed thirty-five (35) feet in height when fully extended but are collapsible to thirty-five (35) feet or less in height are exempt from the site plan review process.
(B) Towers supporting amateur radio antennas in residential zoning districts and conforming to all applicable provisions of this subchapter shall be allowed in the front, rear or side yards; however, the fall zone must not overlay on any primary residential structure of an abutting property or public right-of-way.
§ 150.244 GENERAL PROVISIONS.
(A) Towers and antennas shall be regulated and permitted pursuant to this subchapter and shall not be regulated or permitted as essential service structures, public utilities or private utilities.
(B) No new or existing telecommunications service shall interfere with public safety telecommunications, or private telecommunications, including but not limited to, radio, television and personal communications, in accordance with rules and regulations of the Federal Communications Commission.
(C) Towers shall not encroach upon any easements.
(D) No commercial messages shall be placed on towers or antennas. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited, except for one (1) identification sign not exceeding six (6) square feet in area.
(E) Towers and antennas shall be installed according to manufacturer’s specifications.
(Ord. 395, passed 7-6-2010)
§ 150.245 ZONING DISTRICTS.
(A) The city will allow telecommunication towers and antennas on city-owned land, areas zoned Central Business (B-1), General Business (B-2), Limited Industrial (I-1), and General Industrial (I-2) with a conditional use permit and a site plan. Towers in these locations will be allowed in the rear and side yards only.
(B) In residential zoning districts, the city will allow commercial telecommunication towers taller than thirty-five (35) feet in height with a conditional use permit and site plan only if all other options are exhausted. No variance on setbacks is allowed in these districts and the towers shall only be allowed in rear and side yards.
(Ord. 395, passed 7-6-2010)
§ 150.246 SETBACKS.
Towers shall meet the setback requirements for principle structures of the underlying zoning district. Setbacks equal to the height of the tower shall be established on sites that are adjacent to churches, schools, gas stations, and residential districts. Associated equipment must meet all applicable zoning setbacks.
(Ord. 395, passed 7-6-2010)
§ 150.247 LIGHTING.
Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
(Ord. 395, passed 7-6-2010)
§ 150.248 DESIGN AND HEIGHT REQUIREMENTS.
(A) Antennas and towers shall be designed to blend into the surrounding environment, including locating antennas on roofs of buildings, on the walls of buildings, or on city-owned property, through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Antenna and tower finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint or other blemish.
(B) Maximum height is limited to one hundred fifty (150) feet above the ground upon which the antenna is placed. The City Council may allow towers up to two hundred (200) feet in height if the applicant can demonstrate that based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized.
(C) Existing on-site vegetation shall be preserved to the maximum extent possible.
(D) The base of the tower and any accessory structures shall be landscaped.
(E) All towers shall be provided with security fencing to prevent unauthorized entry.
(Ord. 395, passed 7-6-2010)
§ 150.249 ASSOCIATED EQUIPMENT.
Ground equipment associated with a tower or wireless telecommunications facility shall be screened by vegetative or other screening compatible with the surrounding environment if deemed necessary by the City Council. When associated ground equipment is housed in a building or structure, that building or structure shall not exceed seven hundred fifty (750) square feet in area or twelve (12) feet in height. All such buildings or structures shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district.
(Ord. 395, passed 7-6-2010)
§ 150.250 AREA-WIDE ANALYSIS/PROOF OF NEED.
The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis that the location of the tower as proposed is necessary to meet the frequency reuse and spacing needs of the wireless telecommunication facilities and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the tower in a less restrictive district.
(Ord. 395, passed 7-6-2010)
§ 150.251 PERFORMANCE STANDARDS.
(A) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred (100) feet in height or for at least one (1) additional user if the tower is between sixty (60) and ninety-nine point nine (99.9) feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(B) Co-location requirements. All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one (1) mile search radius (one half (1/2) mile for towers under one hundred twenty (120) feet in height) of the proposed tower due to one (1) or more of the following reasons:
(1) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;
(2) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.
(3) Existing or approved towers and building within the search radius cannot accommodate the planned equipment at a height necessary to function reasonable as documented by a qualified and licensed professional engineer; and/or
(4) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(Ord. 395, passed 7-6-2010)
§ 150.252 OBSOLETE OR UNUSED TOWERS.
(A) Abandoned or unused towers or portions of towers shall be removed as follows: all abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless the City Council approves a time extension. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed with twelve (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.
(B) Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
(Ord. 395, passed 7-6-2010)
§ 150.253 EFFECT OF CHAPTER ON EXISTING TOWERS AND ANTENNAS.
Antennas and towers in the city as of the publishing of this subchapter which do not conform to or comply with this subchapter are subject to the following provisions:
(A) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this subchapter; and
(B) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit without otherwise complying with this subchapter; provided, however, that if the cost of repairing the tower to the former use, location and physical dimensions would exceed the cost of a new tower of like kind and quality, then the tower may not be repaired or restored, except in full compliance with this subchapter.
(Ord. 395, passed 7-6-2010)
§ 150.254 ADDITIONAL SUBMITTAL REQUIREMENTS.
In addition to the information required elsewhere in this subchapter, applications for commercial wireless telecommunication towers and antennas shall include the following supplemental information.
(A) A report from a qualified professional engineer licensed by the State of Minnesota which:
(1) Describes the tower height and design including a cross section and elevation;
(2) Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(3) Describes the tower’s capacity, including the number and type of antennas that it can accommodate;
(4) Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
(5) Includes an engineer’s stamp and registration number;
(6) A site plan clearly indicating a fall-zone equal to the height of the tower / antenna; and
(7) Includes other information necessary to evaluate the request.
(B) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(C) Before the issuance of a building permit, the following supplemental information shall be submitted:
(1) Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration, the Federal Communications Commission and the Municipal Airport Zoning Code; and
(2) A report from a qualified professional engineer licensed by the State of Minnesota which demonstrates the tower’s compliance with the aforementioned structural and electrical standards.
(Ord. 395, passed 7-6-2010)
§ 150.255 TOWER CONSTRUCTION REQUIREMENTS.
Any commercial or non-commercial telecommunication tower or antenna taller than fifteen (15) feet in height shall require the issuance of a building permit prior to construction.
(Ord. 395, passed 7-6-2010)
§ 150.256 VIOLATIONS.
Any person who shall violate any of the provisions of this subchapter shall be guilty of a misdemeanor.
(Ord. 395, passed 7-6-2010)
§ 150.270 PLANNED UNIT DEVELOPMENT DISTRICT (PUD).
(A) Purpose and intent. It is the purpose of this subchapter to provide for the grouping of lots and/or buildings within a development as an integrated, coordinated unit which allows for greater development flexibility through the removal of the detailed restrictions of conventional zoning. This subchapter allows for greater freedom, imagination and flexibility in site design and layout as well as promotes the preservation of natural features, the conservation and efficient use of land, and the creation of additional open spaces than is possible under the more restrictive application of the zoning code. The diversification and variation in the relationship of uses, structures, open spaces, natural features and public amenities in the development is conceived and implemented as a comprehensive and cohesive unified project. Developments utilizing the regulations, as set forth in this subchapter, shall be in substantial compliance with the basic intent of the zoning code and shall meet the policies and goals outlined in the comprehensive plan. Planned Unit Developments are recognized as serving the public interest, through the provision of specific features or characteristics within the development. Through proper planning and design, each Planned Unit Development should include features which are in compliance with the following objectives:
(1) To promote a development pattern that is in harmony with the intent, policies and goals as outlined within the comprehensive plan.
(2) To encourage innovation and diversification within residential developments that meet the growing demands for different housing options at all economic levels.
(3) To provide higher quality standards of site and building design within developments which are architecturally and environmentally innovative and to achieve better utilization of land than is possible through the strict application of zoning and subdivision regulations.
(4) To conserve the natural amenities of the land through the preservation and enhancement of site characteristics such as natural topography, woodland areas, scenic views, steep slopes, wetlands, creeks, lakes, natural habitats, geological features and to prevent soil erosion.
(5) To permit the mixing of land uses within the development that may not otherwise be accomplished through the rules and regulations of the zoning code.
(6) To preserve and enhance open spaces, which provide scenic enjoyment, active and passive recreational uses, natural habitat protection and community identity.
(7) To reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional subdivision regulations.
(8) To promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability and general welfare of the city.
(9) To encourage development that will utilize energy and environmental designs that will promote water efficiency, energy efficiency, air quality, construction waste management and resource reuse, sustainable building and site design and construction, and innovative green building principles.
(B) Benefit. The proposed Planned Unit Development shall accomplish a majority of the purposes and shall meet the design criteria as set forth within this subchapter. Any proposed Planned Unit Development shall not be simply for the enhanced economic gain of the applicant and it shall be the applicant’s responsibility to demonstrate compliance with this requirement. Written documentation addressing this matter shall be made part of the Planned Unit Development application.
(C) Areas covered.
(1) The Planned Unit Development District may be applied within any zone.
(2) Any or all contiguous land owned by the applicant shall be included in a Planned Unit Development when necessary to meet the purpose of this district.
(Ord. 395, passed 7-6-2010)
§ 150.271 GENERAL DEVELOPMENT STANDARDS.
(A) Comprehensive plan consistency. The proposed Planned Unit Development shall be consistent with the policies and goals of the comprehensive plan and the comprehensive plan land use map.
(B) Zoning district regulations.
(1) A single use Planned Unit Development is a development consisting solely of one (1) of the following use categories: residential, commercial or industrial. Uses allowed in a single use Planned Unit Development shall be limited to the permitted, conditional and accessory uses allowed in the underlying zone.
(2) A mixed-use Planned Unit Development is a development consisting of any combination of residential, commercial or industrial uses. Uses allowed in a mixed use Planned Unit Development may consist of uses consistent with those uses allowed as permitted, conditional or accessory uses in the underlying district and/or a similar use zoning district. The City Council may place more restrictive conditions on the mixture of uses within a Planned Unit Development to ensure preservation of the public health, safety and welfare; compliance with the intent of this subchapter; and, that land uses occurring within the Planned Unit Development, and between the Planned Unit Development and the surrounding land uses, do not conflict.
(3) The Planned Unit Development District is a floating zone designated within the zoning code and not pre-designated on the zoning map. It shall only be designated on the zoning map at such time as the City Council reviews and approves the final development plan for the Planned Unit Development and an ordinance rezoning the property to Planned Unit Development. At such time, the Planned Unit Development District is considered an amendment to the zoning map.
(Ord. 395, passed 7-6-2010)
§ 150.272 DESIGN STANDARDS.
(A) Except as otherwise provided in this section, applicable underlying zoning district requirements, other than land use restrictions described in § 150.271 above, are superseded by the approval of a final development plan for Planned Unit Development by the City Council. The final development plan establishes the requirements for Planned Unit Developments and shall govern and take precedence over underlying zoning district provisions except where the final development plan is silent as to a specific provision.
(B) Minimum lot requirements.
(1) Area, setback and height requirements that apply to the underlying zoning district shall be considered guidelines and may be departed from in the approval of the Planned Unit Development, except that building setbacks from all property lines which form the perimeter of the Planned Unit Development shall be a minimum of twenty (20) feet.
(2) No building/structure shall be located less than twenty (20) feet from the back of curb along local streets; no less than thirty (30) feet along collector streets; and, no less than fifty (50) feet along major thoroughfares.
(C) All Planned Unit Developments shall contain a minimum of five (5) acres of contiguous land, unless the city finds that a tract which contains less than five (5) acres of land is suitable as a Planned Unit Development by virtue of unusual condition(s). If the proposed development contains less than five (5) acres, the applicant must demonstrate the existence of one (1) or more of the following:
(1) Environmental features exist on the site which will be preserved through the Planned Unit Development process.
(2) The subject site is adjacent to an existing Planned Unit Development and the Planned Unit Development process will provide additional compatibility between the Planned Unit Developments.
(3) The property is located in a transitional area between two (2) different land uses or on a collector or major thoroughfare as identified in the comprehensive plan, thus justifying the need for varying types of uses.
(D) The net density of a Planned Unit Development shall correspond to the density regulations of the underlying zoning district as designated on the official zoning map. The City Council may consider a density transfer if the applicant is able to demonstrate such a need. A density transfer may be considered by the City Council in order to encourage the protection of natural resources; to enhance tree preservation; to allow limited development in an area with unusual building characteristics due to subsoil characteristics; or, to encourage creative land use. A density transfer may also be considered whereby lot sizes smaller than those normally required in the underlying district will be permitted on the developable land in return for leaving the natural resource areas open from development.
(E) In addition to public sites and open space dedication requirements as provided within Chapter 153 (Subdivision Regulations), a Planned Unit Development shall provide at least fifteen percent (15%) of the project area as open space. Open space is a landscaped area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the Planned Unit Development. Open space shall be calculated on a net basis which excludes private yards, public rights-of-way, private streets from back of curb to back of curb or any areas within an easement. Dedicated public sites and open space shall not be used in calculating open space for a Planned Unit Development. The applicant shall be required to submit an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area.
(F) All Planned Unit Developments shall have municipal sewer and water service available.
(G) No design standards shall be modified in any way which violates or compromises the fire and safety codes of the city.
(H) Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the Planned Unit Development. The plans required under this section shall be submitted in addition to or in a form which will satisfy the requirements of the subdivision regulations for preliminary and final plat approvals.
(Ord. 395, passed 7-6-2010)
§ 150.273 REVIEW OF THE PLANNED UNIT DEVELOPMENT.
(A) Pre-application conference. Prior to filing an application for a Planned Unit Development, the applicant of the proposed development shall arrange a conference with city staff. The primary purpose of the pre-application conference shall be to provide the applicant with an opportunity to gather information and obtain guidance from the city as to the general suitability of the proposed Planned Unit Development prior to incurring substantial expenses in the preparation of plans, surveys, formal review and other necessary data.
(B) Concept plan review.
(1) Purpose. In order to receive more formal guidance in the design and layout of a proposed Planned Unit Development, prior to the submission of a formal application, an applicant shall submit a concept plan for review and comment by the Planning Commission and City Council. Such concept plan shall show the basic intent and the general nature of the entire development.
(2) Application. In order for the review to be most beneficial to the applicant, the concept plan shall contain such specific information as requested by the city, to include:
(a) Application for concept plan review accompanied by application fee.
(b) A cover letter describing the project, any anticipated variations and how the project complies with the city's comprehensive plan.
(c) A sketch of the project area, including size of the development; proposed land uses and their approximate location within the development; surrounding land uses; existing and proposed public right-of-way; and unique, problematic or desirable features of the site.
(d) Ownership of the property and identity of the developer.
(e) A general description of how adverse impacts on other property will be mitigated.
(f) Any other information that the Zoning Administrator determines will be helpful in reviewing the proposed development.
(3) Review process. The Planning Commission shall review the concept plan, informally, and make recommendations to be forwarded to the City Council. The City Council shall advise the applicant of any changes, modifications or issues that should be addressed prior to the filing of the general development plan. Such review does not constitute preliminary approval of the Planned Unit Development as all comments and decisions are non-binding.
(C) General development plan.
(1) Purpose. The purpose of the general development plan is to provide a specific and particular plan upon which the Planning Commission shall make its recommendation and the City Council shall base its decision for approval or denial.
(2) Application. Within six (6) months of the City Council’s review of the concept plan, or an extension deadline as approved by the City Council, the petitioner(s) shall file an application for the general development plan. The general development plan shall be in substantial conformance to the approved concept plan. The application shall be processed similar to that of a preliminary plat.
(3) Plan submittal. General development plan submittals shall include the following:
(a) Application for general development plan accompanied by application fee and deposit.
(b) Any requests with appropriate applications for implementation of the proposed Planned Unit Development (i.e., rezoning) and respective application fees.
(c) A survey of the site prepared by a registered surveyor showing site size, property boundaries and legal description.
(d) Proof of ownership or authorization. The applicant shall supply proof of title for the property subject of the application, such as a title commitment or other documentation deemed acceptable by the city and, as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested application.
(e) Plans and written narrative describing the following:
1. Buildings. The location, size, use and arrangement of all buildings within the development; to include height in stories or feet and total square feet of ground area coverage and floor area. Existing buildings which will remain on-site shall also be shown.
2. Architectural plans. Preliminary architectural plans indicating use, floor plans, elevations and exterior wall finishes of proposed buildings.
3. Natural resource analysis. Identify existing vegetation areas consisting of forest and wood lots as well as wetlands and wetland vegetation; the geology, slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff setting areas and floodplains must be identified; and, analysis of the relationship of the proposed use of the existing natural conditions as listed above.
4. Areas of use. A tabulation calculating the approximate gross square footage of commercial and/or industrial floor space, if such uses are provided.
5. Traffic circulation. Location, dimensions and number of driveway entrances, curb cuts, parking stalls, loading spaces and access drives. All other circulation elements, such as bike and pedestrian ways; and the total site coverage of these elements shall be included.
6. Public and private open space plan. Location, designation and total area proposed to be conveyed or dedicated for public or private (those areas only available to residents within the Planned Unit Development) open space, including parks, playgrounds, school sites or recreational facilities. The plan shall include any proposed improvements and/or design of the open space areas.
7. Landscaping plan. A detailed landscaping plan including the type, size and quality of all existing and proposed plantings.
8. Phasing plan. A plan indicating the timing and phasing of the development by geographic area.
9. Any additional information as requested by city staff, the Planning Commission or the City Council as necessary to conduct a full review of the proposed Planned Unit Development.
(4) Review process.
(a) Review and action by city staff. Upon receipt of the completed application for a general development plan, city staff shall refer such information to other appropriate city staff members and official bodies for review and recommendation.
(b) Public hearing. The Planning Commission shall hold a public hearing on the Planned Unit Development general development plan. Property owners within three hundred fifty (350) feet shall be notified, although failure of any property owner to receive notice shall not invalidate the proceedings. The Planning Commission shall make findings and recommendation to the City Council.
(c) City Council action. The City Council shall review the Planning Commission’s report and recommendation and grant approval, resubmit the plan to the Planning Commission for further consideration of specified items or deny the general development plan. The City Council may impose such conditions as part of the approval of a general development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this section.
(d) Additional expenses. In addition to the aforementioned application fee and deposit, the applicant shall pay all expenses incurred by the City Engineer and City Attorney for their services in the review of the Planned Unit Development. City staff will attempt to provide the applicant with estimates of such expenses.
(e) Expiration of general development plan.
1. The petitioner shall submit, within one (1) year from the date of City Council approval, a final development plan. In any case where the applicant fails to file a final development plan, to proceed with development in accordance with the provisions of this subchapter and the approved general development plan, such approval shall be considered null and void.
2. Upon application by the petitioner, the City Council at its discretion may extend, for not more than one (1) year, the filing deadline for any final development plan, when for good cause shown such an extension is necessary. In any case where the general development plan approval expires, the City Council may adopt a resolution repealing the general development plan approval. Any portion of the general development plan that has not received final development plan approval will revert back to the previous zoning designation.
(f) Zoning enactment. A rezoning of a parcel of land to Planned Unit Development shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time the City Council approves the general development plan.
(g) Platting of a Planned Unit Development. In the event that a Planned Unit Development is to be subdivided into lots or parcels for the purpose of separate ownership, such Planned Unit Development shall be platted under the platting procedures of the city's subdivision ordinance and the related requirements of the city. The preliminary plat shall be processed in conjunction with the development stage plan as outlined in subsection (C) of this chapter. A separate action on the final plat shall be processed before the City Council prior to or in conjunction with the final stage of the Planned Unit Development.
(D) Final development plan.
(1) Purpose. The final development plan shall serve as a complete, thorough and permanent public record of the planned unit development and manner in which it is to be developed. The final development plan shall serve in conjunction with other provisions of the city code as the land use regulation applicable to the Planned Unit Development.
(2) Application. Within one (1) year of general development plan approval, or an extension deadline as approved by the City Council, the petitioner(s) shall file an application for the final development plan for all or a portion of the Planned Unit Development. The final development plan shall be reviewed for consistency with the general development plan. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the Planned Unit Development process. The final development plan is intended only to add detail to, and to put in final form, the information contained in the general development plan. The application shall be processed similar to that of a final plat.
(3) Plan submittal. Final development plan submittals shall include but not be limited to the following:
(a) Application for final development plan accompanied by application fee.
(b) Current abstract of title or a registered property certificate along with any unrecorded documents and an opinion of title prepared by the applicant’s attorney.
(c) Final plat drawings for recording.
(d) Final site, landscaping and natural resource evaluation plans.
(e) Final lighting, signage and parking plans.
(f) All certificates, seals and signatures required for the dedication of land and recordation of documents.
(g) Staging plan, if the Planned Unit Development is to be developed in multiple phases. Such plan shall include a phasing plan indicating the time frame for construction of the various elements within the entire development.
(h) Any other plans, agreements or specifications as deemed necessary by city staff to review the proposed final development plan.
(i) If a plat is required as part of the plan, a final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development agreement for the installation of such improvements and financial guarantees for the completion of such improvements in accordance with the requirements of the city’s subdivision ordinance.
(4) Review process.
(a) Review and action by city staff. Upon receipt of the completed application for a final development plan, city staff shall refer such information to other appropriate city staff members and official bodies for review and recommendation.
(b) City Council action. The City Council shall review the final development plan submittal and grant approval, resubmit the plans to the Planning Commission for further consideration of specified items or deny the final development plan in accordance with the requirements of M.S. § 15.99.
1. Denial of the final development plan for a Planned Unit Development shall be accompanied by written findings of fact by the City Council, to include any supporting data set forth that shows the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards, purposes and intents of this article and the comprehensive plan.
2. If an application for final development plan for a Planned Unit Development has been considered and denied by the City Council, a similar application for a Planned Unit Development affecting the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of the final development plan denial.
3. If the application for final development plan for a Planned Unit Development is approved by the City Council, the terms of the Planned Unit Development shall be embodied in a Planned Unit Development agreement and such other documentation as the city shall deem necessary and desirable. The City Council may impose such conditions as part of the approval of a final development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this section.
(c) Additional expenses. In addition to the aforementioned application fee, the applicant shall pay all expenses incurred by the City Engineer and City Attorney for their services in the review of the Planned Unit Development. City staff will attempt to provide the applicant with estimates of such expenses.
(d) Recording the final development plan.
1. Upon approval of the final development plan by the City Council, the City Clerk shall record the final development plan, development agreement and all other pertinent documents with the County Register of Deeds or Register of Titles within ninety (90) days after the date of approval. Fees associated with the recording of the final development plan will be charged back to the applicant.
2. Failure of the applicant to comply and submit the necessary items for the recording of the final development plan by the city shall be cause for revoking the city's approval and the final development plan shall be considered null and void, unless the applicant requests an extension in writing and receives approval from the City Council.
(e) Expiration of final development plan. Within one (1) year after the approval of the final development plan for Planned Unit Development, or such shorter/longer time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall automatically render void the Planned Unit Development, unless an extension has been granted by the City Council. In such case, the City Council shall adopt a resolution repealing the Planned Unit Development and the Planned Unit Development approvals, thus re-establishing the original zoning classification and all other provisions applicable to the site.
(f) Extension requests. The City Council may approve up to two (2) extensions for a term not to exceed one (1) additional year for each extension.
(g) Building and other permits. Except as otherwise expressly provided within the ordinance, upon receiving notice from the city that the approved final development plan for Planned Unit Development has been recorded and upon application of the applicant pursuant to the applicable ordinance of the city, the Building Official and other appropriate city officials may issue permits to the applicant for development, construction and any other work to be completed within the development.
(h) Evaluation of the Planned Unit Development. Following the approval of the final development plan for Planned Unit Development, the Zoning Administrator shall review all permits issued and construction undertaken and compare the actual development with the approved final development plan. If the Zoning Administrator finds that the development is not proceeding in accordance with approved plans, he or she shall immediately notify the City Council. Within thirty (30) days of such notice, the City Council shall either by ordinance revoke the Planned Unit Development approval, and the land shall be governed by the regulations applicable in the zoning district in which it is located; or shall take such steps as necessary to compel compliance with the final development plan as approved; or shall require the landowner or applicant to seek an amendment to the final development plan.
(E) Changes in the Planned Unit Development. The Planned Unit Development shall be developed according to the approved and recorded final development plan and all supporting data. The recorded final plat and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns. If a change is proposed for any aspect of an approved Planned Unit Development, such change requests shall be submitted to the Zoning Administrator for review. The Zoning Administrator shall determine if the change is minor or major.
(1) Minor changes. The City Council may approve minor changes without a public hearing provided that the final development plan Remains consistent with the spirit and intent of the general development plan or a previously approved final development plan. The modification shall not:
(a) Change the general character of the Planned Unit Development;
(b) Cause substantial relocation of principal or accessory structures;
(c) Cause a substantial relocation or reduction of parking, loading or recreation areas;
(d) Cause a substantial relocation of traffic facilities and circulation systems;
(e) Increase the impervious surface coverage of buildings and parking areas;
(f) Increase the gross floor area of buildings, the number of dwelling units or the net density of the site; or
(g) Reduce the amount of approved open space, landscaping, screening or natural resource amenities to be located within the development.
(2) Major changes. If the requested change is determined by the Zoning Administrator to be major or substantial or would represent a significant departure from the general development plan or previously approved final development plan, it shall result in the formal abandonment and the subsequent refilling of a new application for Planned Unit Development.
(Ord. 395, passed 7-6-2010)
§ 150.290 GENERAL PROVISIONS.
(A) Private swimming pools are regulated by this chapter and are defined as follows: Any below ground enclosure, designed or intended or used for the containment of water, having both a depth exceeding twenty four (24) inches and a capacity exceeding five thousand (5,000) gallons which is designed, intended or used for swimming, wading or other recreational use by the owner or tenant of the property upon which the pool is constructed or by their family or invited guests.
(B) It is not the purpose or intent of this chapter to regulate above ground swimming pools, temporary swimming pools (which includes but is not limited to plastic or inflatable “kiddie” pools) or private spas (which includes but is not limited to hot tubs, whirlpools, hydrotherapy pools and therapeutic pools).
(Ord. 395, passed 7-6-2010)
§ 150.291 PERMIT REQUIRED.
(A) No swimming pool, as defined by § 150.290(A), shall be constructed or established and no such pool construction shall be commenced without first obtaining a building permit.
(B) The building permit application shall include the following information:
(1) Complete plans and specifications for the construction of the pool;
(2) A site plan showing the location of all structures on the property, including the house, garage, fences, trees, overhead or underground wiring, utility easements, sewage systems and other significant improvements or natural features;
(3) The proposed location of pumps, filters, electrical power source (if applicable), flushing and drainage outlets and other operational features;
(4) The location and specifications of protective fencing.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.292 YARD AND SETBACK REQUIREMENTS.
Private swimming pools shall be constructed so as to avoid hazard or damage to the occupants of the subject property or the occupants of adjacent property and shall meet the following minimum requirements:
(A) Underground or overhead utilities shall be located in conformance with the National Electrical Code.
(B) No pool shall be located within any private easement, public or private utility easement, drainage way, marsh or other location in which it will represent a threat to the natural environment.
(C) In areas zoned or used for residential purposes, pools as defined by § 150.290(A) are prohibited in the front yard and shall not be located within thirty (30) feet of any property line, nor within ten (10) feet of any principal structure or accessory buildings except accessory buildings without frost footings. No mechanical equipment shall be located closer than thirty (30) feet to any property line.
(D) No portion of any swimming pool or appurtenances thereto shall be located less than ten (10) feet to any portion of a sewage disposal line or sewage treatment system, nor shall any water supply line for a swimming pool be less than fifteen (15) feet to any portion of the sewage treatment system.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.293 SAFETY FENCE REQUIRED.
Outdoor swimming pools, as defined by § 150.290(A), shall be adequately fenced to prevent uncontrolled access from the street or adjacent property.
(A) Construction requirements. A safety fence of at least five (5) feet in height as measured from ground level shall completely enclose the pool. All openings or points of entry shall be equipped with self-closing and self-latching gates or doors. All gates or doors shall have a latch which is no less than four (4) feet above the ground level and which shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between the bottom of the fence and the ground level shall not exceed two (2) inches and fence openings shall not exceed four (4) inches. Safety fences shall be constructed of materials with minimum spaces between the materials so as to inhibit the climbing thereof by any person.
(B) Temporary fence. No person shall introduce or cause to be introduced any water to a depth of more than twenty four (24) inches into the shallowest portion of any swimming pool newly constructed or being constructed until such time as the Building Official authorizes the filling of such pool with water. Such authorization shall be withheld until, as a minimum, the permitee has caused such pool to be completely enclosed by a swimming pool construction fence. Said construction fence shall:
(1) Be of snow fence like or similar design and be securely anchored in place;
(2) Be constructed with its base flush to the ground;
(3) Be at least four (4) feet in height and have supportive posts placed no more than eight (8) feet apart; and
(4) Remain in place until a permanent fence completely enclosing the swimming pool is installed. The permanent fence must be installed within thirty (30) days of pool completion.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.294 MISCELLANEOUS REQUIREMENTS.
(A) All back-flushing water or pool drainage water shall be directed onto the property of the owner or onto approved drainage ways. Drainage onto public or private streets or other public or private drainage ways shall require a permit from the Utilities Superintendent.
(B) Any outdoor lighting of the pool shall not be permitted to spill or shine upon adjacent properties.
(C) All electrical installations shall comply with the State Electrical Code.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.300 PURPOSE AND INTENT.
The city finds that it is in the public interest to encourage the use and development of renewable energy systems, including solar energy systems, that have a positive impact on energy conservation with limited adverse impact on nearby properties. As such, the city supports the use of solar collection systems and it is the intent of the city to create standards for the reasonable capture and use, by households, businesses and property owners, of their solar energy resource and encourage the development and use of solar energy.
(Ord. 457, passed 10-16-2018)
§ 150.301 DEFINITIONS.
For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. BUILDING INTEGRATED SYSTEMS include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices.
GROUND MOUNTED SOLAR ENERGY SYSTEM. A freestanding solar system mounted directly to the ground using stabilizers rather than being mounted on a building.
PASSIVE SOLAR ENERGY SYSTEM. A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM. An active solar energy system that concerts solar energy directly into electricity.
ROOF OR BUILDING MOUNTED SOLAR ENERGY SYSTEM. Solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus.
SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device, array of devices, or structural design feature that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, thermal or chemical means.
(Ord. 457, passed 10-16-2018)
§ 150.302 GENERAL PROVISIONS.
(A) Solar energy systems may be allowed as a conditional use in all zoning districts in accordance with the standards in this section.
(B) Solar energy systems shall be considered an accessory use in all districts and shall not be allowed as a principle use in any zoning district.
(C) Exemptions. The following systems shall be exempt from the requirements of this section and shall be regulated as any other building element:
(1) Building integrated solar energy systems.
(2) Passive solar energy systems.
(Ord. 457, passed 10-16-2018)
§ 150.303 APPLICATION FOR CONDITIONAL USE.
(A) No solar energy system shall be erected anywhere within the city without first making application for and obtaining a permit and approval by the city. A conditional use permit is required for all solar energy systems as noted in this section.
(1) All applications for a solar energy system shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information: location and dimension or property lines; setback dimensions from the solar energy system to property lines and all buildings on the property; height, dimensions and location of the system; and proposed screening.
(2) When the Zoning Administrator determines that a site plan drawing is not sufficient, a Certificate of Survey will be required showing the required site plan drawing information.
(3) Applicant shall provide documentation on the specifications of the solar energy system.
(4) The conditional use permit shall be contingent on submission of an interconnection agreement with the local electric utility company or a written explanation outlining why an interconnection agreement is not necessary.
(B) A building permit shall be obtained for any solar energy system prior to installation.
(C) The solar energy system shall be certified by Underwriters Laboratories, Inc. and comply with the requirements of the International Building Codes and Minnesota State Building Codes.
(Ord. 457, passed 10-16-2018)
§ 150.304 GENERAL STANDARDS.
(A) Electrical.
(1) An exterior utility disconnect switch shall be installed at the electric meter serving the property.
(2) Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the State of Minnesota.
(3) No solar energy system shall be interconnected with the local electric utility company until the utility company has reviewed and commented upon it. The interconnection of the solar energy system with the utility company shall adhere to the National Electrical Code as adopted by the State of Minnesota.
(B) Color. All roof mounted solar energy systems shall use colors that are the same or similar with the color of the roof material of the building on which the system is mounted.
(C) Location.
(1) Roof mounting.
(a) The solar energy system shall comply with the maximum height requirements of the applicable zoning district.
(b) The solar energy system shall not extend beyond the perimeter of the exterior walls for the building on which it is mounted and must meet the setback requirements for the zoning district.
(c) The solar energy system shall be located as to minimize glare directed toward an adjoining property or street.
(2) Ground mounting.
(a) The solar energy system shall only be located in the rear yard.
(b) The solar energy system shall comply with the maximum height requirements for accessory buildings for the applicable zoning district.
(c) All components of the solar energy system shall be setback from the rear and side property lines in accordance with the applicable zoning district in which they are placed and will be measured from the closest point at minimum design tilt.
(d) The solar energy system shall be located as to minimize glare directed toward an adjoining property or street.
(e) Solar energy systems shall not encroach upon any drainage and utility easements.
(f) When visible from adjacent residential properties and from residential properties across a public street or road, the solar energy system shall be landscaped and/or screened to minimize the visual impact to the greatest extent possible. All landscaping and screening shall be of sufficient width and density to provide year-round screening of the solar energy system.
(Ord. 457, passed 10-16-2018)
§ 150.305 ABANDONMENT.
Any solar energy system which is inoperable for twelve (12) successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system and all associated equipment at their expense after obtaining a demolition permit. Removal must be completed within ninety (90) days following the twelve (12) month period.
(Ord. 457, passed 10-16-2018)
§ 150.400 DEFINITIONS.
For the purpose of this Zoning Code and other applicable ordinances certain words and terms are defined as follows:
BROODING. The period of chicken growth when supplemental heat must be provided due to the bird's inability to generate enough body heat.
CHICKEN. A domesticated bird that is kept as a pet or serves as a source of eggs or meat.
COOP. The structure used for the keeping or housing of chickens.
EXERCISE YARD. A larger fenced area that provides space for exercise and foraging for the birds when supervised.
HEN. A female chicken.
OFFICER. Any person designated by the City Council as an enforcement officer.
ROOSTER. A male chicken.
RUN. A fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised.
(Ord. 460, passed 10-15-2019)
§ 150.401 GENERAL PROVISIONS.
The keeping of chickens is allowed in all zoning districts, subject to administrative approval and subject to the following provisions.
(A) No more than three chickens shall be housed or kept on any one property and shall only be allowed on properties with single family dwellings.
(B) Roosters are prohibited and the keeping of any poultry besides chickens is prohibited.
(C) Chickens shall not be housed in a residential dwelling unit or an attached or detached garage, except for brooding purposes.
(D) A coop is required to house the chickens. The coop must be constructed and maintained to meet the following minimum standards:
(1) The coop shall be located in the side or rear yard.
(2) The coop shall meet the setback requirements for utility/storage structures for the respective zoning district.
(3) The coop shall provide a minimum of nine (9) square feet of interior floor space.
(4) Construction shall be adequate to protect chickens from extreme temperatures and prevent access by rodents.
(5) The coop must be maintained in a clean and sanitary condition, devoid of all rodents and vermin and free from objectionable odors. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odor detectible on another property.
(6) The coop shall be fully-enclosed.
(E) A run or exercise yard is required.
(1) Runs must be constructed and maintained to meet the following minimum standards:
(a) The run shall be located in the side or rear yard and attached to the coop.
(b) The run shall meet the setback requirements for utility/storage structures for the respective zoning district.
(c) The size of the run shall be at least 16 square feet if access to a fenced exercise yard is available. The size of the run shall be at 32 square feet if access to an exercise yard is not available. If the coop is elevated two feet so the birds can access the space beneath, that area may be counted as a portion of the minimum run footprint.
(d) The run shall be fully-enclosed.
(2) Exercise yards must be fully-enclosed by a fence.
(F) Grains and feed must be stored in rodent and raccoon-proof containers inside of a structure.
(G) Leg banding of all chickens is required.
(H) Chicken fighting is prohibited.
(I) Outdoor butchering of chickens is prohibited.
(J) Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within 48 hours to 72 hours. Legal forms of chicken carcass disposal include offsite burial, offsite incineration or rendering, or offsite composting.
(K) The city's officer may inspect the premises to ensure compliance with city ordinances.
(L) Any person no longer keeping chickens must notify the city and remove the coop and run within 30 days of the chickens being removed from the property.
(Ord. 460, passed 10-15-2019)
§ 150.402 ADMINISTRATIVE APPROVAL REQUIRED.
No person shall own, keep, or have custody of live chickens without first obtaining approval from the city.
(A) Application shall be made to the city along with a fee for Site Plan Review according to the adopted fee schedule.
(B) A site plan shall be submitted with the application. The site plan shall identify the location of all structures on the property, including the coop, run, and exercise yard, and provide accurate property dimensions and setbacks.
(C) Letters of support from all adjacent property owners are required and shall be submitted with the application. The applicant is responsible for obtaining the letters.
(D) Upon receipt of a complete application, the Community Development Director shall be responsible for conducting an administrative Site Plan Review and, if approved, issuing a permit and leg bands.
(E) An application submitted by a renter requires written consent from the property owner in order to be considered a complete application.
(F) If at any time the Community Development Director determines violations of this subchapter to exist, the permit is subject to revocation.
(Ord. 460, passed 10-15-2019)
§ 150.403 RUNNING AT LARGE PROHIBITED.
(A) It shall be unlawful for the chicken(s) of any person who owns, harbors or keeps chickens, to run at large.
(B) Leg banding of all chickens is required and used to identify chicken owners.
(C) Any expenses incurred by the city in the enforcement of this section shall be the responsibility of the chicken owner. Expenses may include but are not limited to staff time, shelter, and feed.
(D) Any person who owns, harbors or keeps chickens shall be afforded one warning of running at large. A second occurrence of chicken(s) running at large will result in indefinite permit revocation by the Community Development Director.
(E) A person who owns, harbors or keeps chickens which runs at large shall be guilty of a misdemeanor.
(Ord. 460, passed 10-15-2019)
§ 150.500 PURPOSE OF OFF-STREET PARKING AND LOADING REQUIREMENTS.
Regulation of off-street parking and loading spaces in the zoning code is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking, loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures. All applications for an occupancy certificate shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the following requirements:
(A) Exempted. Buildings or structures for which a permit has been issued prior to the effective date of the zoning code, but for which work has not been completed, shall be exempt from the stated parking requirements if the structure or building is completed within six (6) months after the above stated date.
(B) Existing parking not to be reduced. Existing off-street parking spaces and loading spaces on the effective date of the zoning code shall not be reduced in number unless said number exceeds the requirements set forth herein for a similar new use.
(C) Damaged or destroyed buildings. Should a building, structure or use in existence on the effective date of the zoning code be damaged or destroyed by fire or other cause, it may be reestablished except that in doing so any off-street parking or loading which existed must be retained and should plans be effected for enlarging the floor area, seating capacity or other facilities which would affect the parking or loading requirements, the parking lot or loading area shall be enlarged accordingly.
(D) Yards. Parking areas in B-2 districts shall be set back from all property lines a minimum of five (5) feet or as allowed per site plan approval. Other parking areas in other districts shall be subject to front yard setback requirements in accordance with the district in which the use is so located.
(E) Floor area. The term FLOOR AREA for the purpose of calculating the number of off-street parking spaces shall mean the sum of all floor areas in a building as calculated from the outside dimensions of the building. It shall not include areas used primarily for non-public purposes such as storage, incidental repair, offices of building management or maintenance, toilets or rest rooms, utilities, or dressing, fitting, or alteration rooms.
(F) Benches in places of public assembly. In stadiums, sport arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under the zoning code.
(Ord. 395, passed 7-6-2010)
§ 150.501 DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREA.
(A) Access. Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed twenty-four (24) feet in width for residential districts and for other districts shall be allowed pursuant to site plan approval by the city. Properties within residential districts shall be limited to two (2) accesses and a minimum of six (6) feet is required between accesses. Accesses shall be located so as to cause the least interference with traffic movement and shall be no closer than two (2) feet from side lot lines, except for those properties with an approved zero (0) foot lot line.
(B) Size of parking spaces. Each parking space shall be not less than nine (9) feet wide and nineteen (19) feet in length exclusive of an adequately designed system of access drives.
(C) Drive aisles. Drive aisles shall be no less than twenty six (26) feet in width.
(D) Fractional spaces. When the determining of the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space.
(E) Signs. No signs shall be located in any parking area except as necessary for orderly operation of traffic movement.
(F) Surfacing. All new parking areas and driveways shall be hard surfaced in order to control dust and drainage. Allowable surfacing materials include bituminous, concrete, or other materials as approved by the Public Works Director. Parking areas designed for fewer than three (3) vehicles shall be exempt from the hard surfacing requirement; however, all parking areas and driveways shall be hard surfaced a minimum of fifty (50) feet as measured from the nearest edge of the public roadway. If the public roadway is not hard surfaced, the driveway need not be hard surfaced until such time that the property owner is given notice to do so by the city. Notice will be given by the city within thirty (30) days of the public roadway being hard surfaced. The notice shall specify a required completion date which shall not be less than three (3) months nor more than one (1) year from the date of the notice. At any time that a property owner installs a new garage, adds on to an existing garage or replaces a garage, the hard surfacing requirement shall be enforced. Plans for surfacing and drainage are subject to city review and approval. A surfacing deposit, in an amount set forth by the City Council from time to time, shall be paid to the city at the time of building permit issuance for any property owner developing a vacant property, installing a new garage, adding on to an existing garage or replacing an old garage. The payment shall be made in the form of cash, letter of credit, or other means as approved by the city. Upon completion of the hard surfacing, the deposit shall be refunded. Surfacing shall be completed within one (1) year of building permit issuance or the deposit shall be forfeited.
(G) Lighting. Any lighting used to illuminate an off-street parking area shall be so designed and arranged as to reflect the light away from adjacent property.
(H) Curbing and landscaping. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than three (3) feet from the side property line or guard of normal bumper height not less than one (1) foot from the side property line. When said area is for six (6) spaces or more, a curb or fence not over six (6) feet in height shall be erected along the front yard set back line with grass or planting occupying the space between the sidewalk and curb or fence.
(I) Fence required. When a required off-street parking area for six (6) or more vehicles is located adjacent to an R district a fence of adequate design, not over six (6) feet in height nor less than three and one-half (3-1/2) feet in height, shall be erected along the R district property line. Landscaping techniques approved by the city may be used to accomplish a buffer in lieu of fencing between the parking lot and the R district.
(J) Maintenance of off-street parking space. It shall be the joint responsibility of the operator and owner of the principal use, uses or building to maintain, in a neat and adequate manner, the parking area, access ways, landscaping and required fences.
(K) R districts. Required off-street parking spaces/areas in the R-1, R-2, R-3 and R-4 districts shall be on the same lot as the principal building.
(L) Commercial vehicle parking. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles or one (1) truck not to exceed one and one-half (1-1/2) ton capacity for each dwelling unit. Under no circumstance shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments.
(M) Prohibited use of parking area. Required off-street parking space in any district shall not be utilized for open storage of goods or for the storage of recreational vehicles and campers and vehicles which are inoperable or for sale or rent.
(N) Recreational vehicle parking. Off street parking facilities utilized for recreational vehicles, including but not limited to RVs, campers and boats, shall have an improved, durable surface.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
§ 150.502 JOINT PARKING FACILITIES AND CONTROL OF OFF-STREET PARKING.
(A) Joint parking facilities. Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any business or industrial district where separate parking facilities for each separate building, structure or use would be difficult to achieve, provided that the total number of spaces shall equal the sum of the separate requirements of each use and the maximum distance between any parking space and any principal use is not more than three hundred (300) feet measured along usual routes of public pedestrian access.
(B) Control of off-street parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the city requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.
(Ord. 395, passed 7-6-2010)
§ 150.503 MINIMUM PARKING REQUIREMENTS.
(A) Residential uses.
USE | MINIMUM PARKING REQUIRED |
USE | MINIMUM PARKING REQUIRED |
Single family, townhouse, condo, two family, manufactured/mobile | Two (2) spaces per dwelling unit |
Group home, state licensed residential facility | Two (2) spaces for each five (5) beds offered for residence purposes |
Boarding house, bed & breakfast | Two (2) spaces plus one (1) for each guest room |
Day care facility - Residential | No spaces required when the facility serves no more than fourteen (14) persons. The dwelling is still subject to the minimum parking requirements provided in this section |
Day care facility - Non-Residential (serving no more than fourteen (14) persons) | No additional spaces required when facility serves no more than fourteen (14) persons |
Day care facility - Non-Residential (serving fifteen (15) or more persons) | One (1) space per five (5) persons served based on the facility's licensed capacity plus one (1) space for each employee or volunteer on the largest shift plus one (1) space for each business vehicle |
Multi-family structure (excluding senior housing) | Two (2) spaces for each unit, one (1) parking space for each efficiency unit |
Senior housing | One (1) space per dwelling unit |
Apartments attached to businesses | Two (2) spaces per unit |
(B) Institutional uses.
USE | MINIMUM PARKING REQUIRED |
Chemical dependent or similar group home | One (1) space for each three (3) residents plus one (1) for each staff member |
Community center | Parking shall be based on the uses within the building |
Hospital | One (1) space for each three (3) hospital beds plus one (1) for each employee on the largest shift. Bassinets shall not be counted as beds for the purpose of calculating the number of off-street parking spaces required |
Institutional group home | One (1) space for each four (4) residents allowed by city code |
Library, museum, art gallery | One (1) space for each three hundred fifty (350) square feet of floor area in the principal structure |
Nursing home, boarding care home | One (1) space for each ten (10) beds plus one (1) for each employee on the largest shift |
Playground, playfield | Two (2) spaces per acres of playground and forty (40) spaces for each playfield. When a public recreation site has more than one (1) use designation, the required parking spaces must be determined for each separately. The sum of those use requirements shall be the total number of spaces required. |
Post office, parcel delivery service | Ten (10) spaces plus one (1) space for each five hundred (500) square feet of floor area devoted to office, processing or service plus one (1) space for each vehicle customarily kept on the premises |
Private club or lodge hall | One (1) space for each three (3) persons allowed within the maximum occupancy load as established by city, county or state fire building or health codes |
Religious institution | One (1) space for each three (3) seats based on the design capacity of the main assembly hall. Up to fifty percent (50%) of the required parking can be provided through a nonexclusive written agreement with the owner of another property located within two hundred (200) feet of an entrance to the religious institution which authorizes parking during times of worship or events conducted at the religious facility at times other than usual business hours on property which is an off-street parking lot which meets the design requirements of this chapter and satisfies the parking requirements for the use of the other property during ordinary business hours during the usual work week. |
School - elementary, junior high | Two (2) spaces per classroom |
School - high school, post secondary | One (1) space per staff member on the largest shift plus one (1) space for each five (5) students |
(C) Commercial uses.
USE | MINIMUM PARKING REQUIRED |
Bank | One (1) space for each two hundred fifty (250) square feet of usable floor area |
Beauty or barber shop | Two (2) spaces per seat plus one (1) space per employee on the largest shift |
Bowling alley | Five (5) spaces per lane. Other uses which are commonly associated with bowling alleys, such as restaurants and game rooms, will require additional parking and loading space, the number of which shall be determined by the parking requirements for those uses specified in this section. |
Business/trade school | One (1) space per student calculated by reference to the design of the school structure plus one (1) space for each classroom |
Car wash | Stacking for a minimum of three (3) vehicles per wash bay |
Club, lodge | One (1) space for each three (3) seats calculated by reference to the design of the facility plus one (1) space for every fifty (50) square feet of customer space in the dining and or bar areas |
Convenience store - with or without gas pumps | One (1) space per two hundred (200) feet of gross floor area plus one (1) space per two (2) employees on the largest shift. Other uses which are commonly associated with convenience stores, such as car washes, will require additional parking and/or stacking space, the number of which shall be determined by the parking requirements for those uses specified in this section. |
Convention/exhibition hall | One (1) space for each three (3) seats calculated by reference to the design of the facility |
Fast food establishment - with seating | One (1) space per three (3) patron seats plus one (1) space per two (2) employees on the largest shift plus seven (7) continuous spaces for vehicle stacking when a drive- through window is provided |
Fast food establishment - without seating | One (1) space per two hundred (200) square feet of gross floor area plus one (1) space per two (2) employees on the largest shift plus seven (7) continuous spaces for vehicle stacking when a drive-through window is provided |
Food service, bakery | One (1) space for each twenty-five (25) square feet of customer floor area |
Funeral home | One (1) space for each five (5) seats plus one space for each two hundred fifty (250) square feet of floor area not used for seating. If fixed seats are not provided, the requirement shall be one (1) space for every thirty five (35) square feet of seating area |
Furniture/home furnishing store | Two parking spaces for each one thousand (1,000) square feet of gross floor area for customer parking plus one (1) parking space for each two (2) employees |
Golf/archery driving range | One (1) space for each target or driving tee |
Golf course | Four (4) spaces for each golf hole plus one (1) space for each two hundred (200) square feet of locker rooms and clubrooms. If the clubhouse contains dining and/or bar facilities, the parking requirements shall be the same as for a restaurant. |
Grocery store | Four (4) spaces for each one thousand (1,000) square feet of usable floor area |
Hotel, motel | One (1) space for each guestroom. Any other use, such as restaurant and conference space, requires additional parking and loading spaces as determined by the parking requirements for those other uses specified in this section. |
Laundromat, coin operated cleaner | One (1) space for each four (4) machines |
Medical/dental clinic and/or office | Three (3) parking spaces for each staff doctor or dentist |
Miniature golf | Two (2) spaces per golf hole |
Motor vehicle sales establishment | One (1) space for each five hundred (500) square feet of usable floor area of sales room and two (2) spaces for each service stall and one (1) for each employee |
Motor vehicle service station (full service) | One (1) space per employee on the largest shift plus three (3) additional spaces for each service stall |
Office | One (1) space for every two hundred fifty (250) square feet of usable floor area |
Oil change station | One (1) space per employee on the largest shift plus stacking for two (2) additional vehicles per service stall |
Open sales / rental lot | One (1) space fore very two thousand five hundred (2,500) square feet of land which is to be used for sales and display area |
Restaurant, café | One (1) space per four (4) patron seats |
Retail store (except as otherwise specified herein) | Four (4) parking spaces for each one thousand (1,000) square feet of gross floor area |
Skating/ice/roller rink | One (1) space for every three hundred (300) square feet of gross floor area |
Sports/health club, swimming pool | One space for every two hundred (200) square feet of non- court area plus two (2) spaces per tennis or racquet ball court and one (1) space for every fifty (50) square feet of deck area for a swimming pool |
Tavern, dance hall, night club, lounge | One (1) space per three (3) seats plus one space for every employee on the largest shift |
Theater, auditorium, assembly hall, meeting hall | One (1) space for every four (4) seats plus one (1) space for every employee on the largest shift |
Veterinary office | Three (3) spaces per doctor plus one (1) space per employee on the largest shift |
(D) Industrial uses.
USE | MINIMUM PARKING REQUIRED |
Industrial/manufacturing establishment | Five (5) spaces plus one (1) space for each employee on the largest working shift, but not less than one (1) space per one thousand (1,000) square feet of gross floor area |
Wholesale/warehouse establishment | Four (4) spaces plus one (1) for each employee on the largest working shift |
Adult entertainment | One (1) space per employee on the largest shift plus one (1) space per two hundred fifty (250) square feet of gross floor area |
(E) If it can be demonstrated by a property owner through market studies or other means that the required off-street parking requirement is excessive and lesser requirements justifiable, the City Council may reduce the number of required spaces by passage of a resolution following review by the Planning Commission.
(F) Any use not specifically mentioned above shall meet the requirement of the use most clearly related to it as determined by the Zoning Administrator. If the Zoning Administrator is unable to identify a similar use, a determination shall be made by the City Council following review by the Planning Commission.
(Ord. 395, passed 7-6-2010; Am. Ord. 484, passed 12-21-2021)
§ 150.504 ADJUSTMENT TO OFF-STREET PARKING REQUIREMENTS IN THE B-1 AND B-2 DISTRICTS.
(A) Should an existing building or structure be expanded, the required off-street parking requirements shall be adjusted upwards accordingly. No adjustment shall be made for downsizing of any building/structure or the change of a business to a lower zoning use.
(B) In the B-1 district, new buildings/structures, expansions of existing businesses, the off-street parking requirements may be met, upon City Council approval, by providing the actual parking spaces, by obtaining seasonal apartment parking permits, or by contributing to the City Parking Fund for each space or fraction of a space required. The off-street parking requirements can be met by any combination of actual spaces, seasonal apartment parking permits and contributed spaces, provided that the combination is equal to the theoretical amount of spaces required.
(C) The amount to be contributed to the City Parking Fund for each required parking space in lieu of an actual space is five hundred dollars ($500.00) per space.
(Ord. 395, passed 7-6-2010)
§ 150.505 OFF-STREET LOADING AND UNLOADING AREAS.
(A) Requirements.
(1) Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall not be located less than twenty-five (25) feet from the intersection of two (2) street rights-of-way; nor less than fifty (50) feet from a residential district unless within a building. Loading berths shall not occupy the required front yard set back space.
(2) Size. Unless otherwise specified in the zoning code, a required loading berth shall be not less than ten (10) feet in width, fifty (50) feet in length and fourteen (14) feet in height, exclusive of aisle and maneuvering space.
(3) Access. Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic.
(4) Surfacing. All loading berths and access ways shall be improved with a durable material to control the dust and drainage according to a plan approved by the City Engineer.
(B) Accessory use. Any space allocated as a loading berth or access drive so as to comply with the terms of the zoning code shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off-street parking area.
(C) Required minimum berths.
(1) Requirements.
(a) Non-residential uses having ten thousand (10,000) square feet or more. For ten thousand (10,000) to one hundred thousand (100,000) square feet floor area, one (1) loading berth; for each additional thirty thousand (30,000) square feet of floor area or fraction thereof above one-fourth (1/4), one (1) additional loading berth. For a building having twenty thousand (20,000) square feet or less, the length of the berth may be reduced to twenty-five (25) feet.
(b) Retail sales, office public administration building, hospitals, schools, hotels, and similar uses. For such a building having ten thousand (10,000) to two hundred thousand (200,000) square feet of floor area, one (1) off-street loading berth fifty (50) feet in length and one (1) berth twenty-five (25) feet in length for each fifty thousand (50,000) square feet or fraction thereof.
(c) Manufacturing, fabrication, warehousing, storing, servicing, and similar establishments. For a building having ten thousand (10,000) to one hundred thousand (100,000) square feet floor area, one (1) loading berth fifty (50) feet in length and one (1) additional berth for each additional one hundred thousand (100,000) square feet or fraction thereof above one-fourth (1/4), and one (1) berth twenty-five (25) feet in length for each thirty-five thousand (35,000) square feet of floor area or fraction thereof.
(2) Other businesses. Upon receiving an application for a particular use a for a parcel or building which is not adequately provided for by the above categories mentioned and which, in the opinion of the Building Inspector, is to receive or distribute goods or services which will necessitate the use of trucking to the extent that special consideration should be given to the request, such application shall be referred to the Council for determination.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.99
§ 150.506 HEIGHT OF STRUCTURES; SPECIAL PROVISIONS.
(A) The height limitations imposed by other sections of the zoning code shall be increased by fifty percent (50%) when applied to the following structures:
(1) Church spires;
(2) Belfries;
(3) Water towers;
(4) Flag poles;
(5) Smoke stacks;
(6) Cooling towers;
(7) Elevators; and
(8) Elevator penthouse.
(B) Canopies over motor fuel dispensing islands at all types of businesses offering the sale of motor fuels.
(C) Heights in excess of those allowed under this section shall be permitted only by a conditional use permit granted by resolution of the City Council determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property.
(Ord. 395, passed 7-6-2010))
§ 150.507 FRONT YARDS; SPECIAL PROVISIONS.
In any R district where the front yard of an existing principal structures, adjacent to the lot in question, are lesser that the minimum required by code, the minimum front yard of the lot in question shall be the average of the two (2) adjacent structures. In the case where there is only one (1) adjacent structure with a lesser front yard, the required front yard for the lot in question shall be the average of the existing adjacent structure and the minimum front yard setback required. In no case shall the required front yard setback be less than fifteen (15) feet.
(Ord. 395, passed 7-6-2010)
§ 150.999 PENALTY.
The city is responsible for the administration and enforcement of the provisions of the Zoning Code. Any person, firm, corporation, or other body that violates any of the provisions of the codes shall be guilty of a misdemeanor and upon the conviction thereof shall be punished by a fine and/or imprisonment as allowed by the state statutes. Each day that a violation continues may constitute a separate offense. Violations of the codes can occur regardless of whether or not a permit is required for a regulated activity pursuant to the ordinances. (M.S. §§ 609.03 and 609.033)
(Ord. 395, passed 7-6-2010)