The following shall not be considered as encroachments on setback and height requirements subject to other conditions hereinafter provided:

(1)

In side and rear yards, fences 30 percent open; walls and hedges six feet in height or less; balconies, eaves, extensions or decks eight feet above grade may extend into the yards to within ten feet of a lot line, provided that said balconies or decks do not extend over driveways.

(2)

On any lot, nothing shall be placed or allowed to grow in such a manner as materially to impede the vision of traffic or prevent the maintenance and operation of utility equipment. On a corner lot, the landowner shall be required to maintain a clear view within the 30-foot intersection sight distance triangle measured from the end of the road.

(3)

In rear yards, outdoor patio, gazebos, and outdoor eating facilities, provided that these are not less than ten feet from any lot line.

(4)

Height limitations shall not apply to barns, silos, other structures on farms, church spires, belfries, cupolas, domes, flag poles, public and public utility facilities, and parapet walls extending not more than four feet above the limiting height of the building except as hereinafter provided.

(Prior Code, ch. 1308, subd. 7)

Notwithstanding any other provisions in this chapter:

(1)

Permitted single-family uses. A state-licensed residential facility or housing with services registered under Minn. Stats. ch. 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minn. Rules, pts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single-family residential use of property, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

(2)

Permitted multifamily uses. Except as otherwise provided in subsection (1) of this section, a state-licensed residential facility serving from seven through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a multifamily residential use of property upon issuance of a conditional use permit for same.

No cellar, garage, tent, recreational vehicle, travel trailer, basement with unfinished structure above, or accessory building shall at any time be used as a permanent dwelling unit. In all residential zoning districts of the city, unless prohibited elsewhere in this Code or by other regulations, a recreational vehicle may be occupied on a temporary basis not exceeding 14 days per calendar year. Recreational vehicles shall not be occupied for any length of time in any other zoning districts.

(a)

Pursuant to authority granted by Minn. Stats. § 462.3593, subdivision 9, the City of Oak Grove opts-out of the requirements of Minn. Stats. § 462.3593, which defines and regulates temporary family health care dwellings.

(Prior Code, ch. 1310, subd. 4(B)(8); Ord. No. 08-06; Ord. No. 08-13; Ord. No. 16-02, § 1, 7-25-2016)

(a)

No accessory building or private garage shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is an accessory.

(b)

Any new home shall have a garage as an accessory use, whether such garage is attached or detached.

(c)

An attached garage may be remodeled for use as living quarters integrated with an existing home, provided that an attached or detached garage is constructed concurrently with such building remodeling or there is an existing detached garage or accessory building which is in compliance with the dimensional standards contained in subsection (h)(1) of this section.

(d)

No accessory building or detached private garage shall be located nearer the front lot line than the principal building except when the lot is three acres or greater and the existing principal building is located a minimum of 200 feet from the front lot line. Then the accessory building or detached private garage may be located closer to the front lot line than the principal dwelling, but not closer than 50 percent of the principal dwelling's setback. In the case of a corner lot, the front lot line shall be located on the side on which the principal building is addressed. The remaining lot side with street frontage shall meet the minimum front yard setback of 40 or 50 feet on roads classified as collector and arterial. See Lot line in section 101-3.

(e)

Accessory buildings shall not be the focal point of the property and the material and/or architecture must be complementary to the principal structure.

(f)

No accessory building or detached private garages shall exceed the elevation of the principal building on a lot, except as permitted by section 109-191 (4). However, on lots of 1.5 acres or more, the total building height shall not exceed 16 feet from the natural ground level, or the maximum elevation of the principal building, whichever is highest.

(g)

Requirements for accessory buildings with total acreage to include to the center of the road.

(1)

Construction of any accessory buildings pursuant to this section shall require a building permit except as follows:

a.

No building permit shall be required for a storage building that is equal to or less than 200 square feet in floor area and not more than 12 feet in height.

b.

Storage buildings 196 square feet or less existing prior to enactment of the ordinance from which this section is derived shall be legally nonconforming.

(2)

On lots 1.49 acres and less, the total building floor area for accessory buildings shall not exceed 1,200 square feet, and the sidewall height shall not exceed 12 feet as measured on the inside of the building between the finished floor elevation and the bottom of the roof truss. Not more than one accessory building, not more than one 700 sq. ft. accessory dwelling unit (ADU), and up to two 200-square foot storage buildings/sheds and one private garage (attached or detached) shall serve a principal building.

(3)

On lots of 1.50 to 2.49 acres, the total building floor area for accessory buildings shall not exceed 1,800 square feet, and the sidewall height shall not exceed 16 feet as measured on the inside of the building between the finished floor elevation and the bottom of the roof truss. Not more than one accessory building, not more than one 700 sq. ft. accessory dwelling unit (ADU), and up to two 200-square foot storage buildings/sheds and one private garage (attached or detached) shall serve a principal building.

(4)

On lots of 2.50 to 3.99 acres, the total building floor area for accessory buildings shall not exceed 2,400 square feet, and the sidewall height shall not exceed 16 feet as measured on the inside of the building between the finished floor elevation and the bottom of the roof truss. Not more than two accessory buildings, not more than one 700 sq. ft. accessory dwelling unit (ADU), and up to three 200-square foot storage buildings/sheds and one private garage (attached or detached) shall serve a principal building.

(5)

On lots of 4.00 to 5.99 acres, the total building floor area for accessory buildings shall not exceed 3,600 square feet and the sidewall height shall not exceed 16 feet as measured on the inside of the building between the finished floor elevation and the bottom of the roof truss. Not more than two accessory buildings, not more than one 700 sq. ft. accessory dwelling unit (ADU), and up to three 200-square foot storage buildings/sheds and one private garage (attached or detached) shall serve a principal building.

(6)

On lots of 6.00 to 9.99 acres, the total building floor area for accessory buildings shall not exceed 5,000 square feet and the sidewall height shall not exceed 16 feet as measured on the inside of the building between the finished floor elevation and the bottom of the roof truss. Not more than two accessory buildings, not more than one 700 sq. ft. accessory dwelling unit (ADU), and up to three 200-square foot storage buildings/sheds and one private garage (attached or detached) shall serve a principal building.

(7)

On lots of ten acres or larger, the total building floor area for accessory buildings shall not exceed 9,000 square feet and the sidewall height shall not exceed 16 feet as measured on the inside of the building between the finished floor elevation and the bottom of the roof truss. Not more than three accessory buildings, not more than one 700 sq. ft. accessory dwelling unit (ADU), and up to four 200-square foot storage buildings/sheds and one private garage (attached or detached) shall serve a principal building.

(8)

On lots located in a master planned golf course community (MPGCC) or the Lake George 3 (LG-3) zoning district, the total building floor area shall not exceed 144 square feet, and the height shall not exceed eight feet. Only one such building shall be allowed per lot. Such buildings require a building permit.

(9)

On lots abutting Lake George, one water-oriented accessory building in accordance with article VIII of this chapter may be constructed to be included in the total maximum number of allowed accessory buildings per lot.

(h)

Requirements for detached garages.

(1)

A detached private garage size shall contain not less than 576 square feet total building floor area. An accessory building used for vehicle storage as permitted in subsection (c) of this section shall contain not less than 576 square feet of floor area. A detached garage shall not exceed 1,200 square feet.

(2)

Detached private garages shall be of woodframe construction and shall be of similar design and building materials as the principal building, including, but not limited to, siding and the pitch of the roof, and shall not be the focal point on the property. In cases where the roof pitch of the principal building cannot be determined, the roof pitch shall be the minimum required by the uniform building code. Detached private garages shall incorporate building materials used on the principal building.

(i)

No accessory building or detached private garage may be placed on an easement.

(j)

Proposed accessory buildings which meet the definition of the term "agricultural building" in Minn. Stats. § 326B.103, subd. 3 may be exempt from the requirement to obtain a building permit but are subject to all standards of this section, with the exception of size restrictions and total number restrictions. A site plan must be submitted and administratively approved by the building official or city administrator or designee prior to commencing construction on any accessory which qualifies as an agricultural building.

(k)

Semi-trailers, truck boxes, and similar storage containers are prohibited on lots containing less than seven acres. Temporary uses may be allowed with city council approval for up to 60 days within an 18-month period. On lots containing more than seven acres, no more than two such storage containers shall be allowed.

(l)

No home occupation shall be conducted in any accessory building without a permit.

(m)

Lean-tos attached to an existing structure shall be included into the allowable square footage of a building and will be subject to the square footage restrictions based on lot sizes as permitted in subsections (g)(2)—(7) of this section.

(n)

A storage building that is equal to or less than 240 square feet in floor area and not more than 12 feet in height shall be allowed per lot and shall not be included in the maximum number of accessory buildings allowed per lot.

(o)

The following requirements shall govern all accessory dwelling units (ADUs):

(1)

Not more than one ADU shall be allowed on a single-family lot;

(2)

An ADU is permitted within a principal single-family dwelling or in a detached accessory structure in the A, LG1, LG2, MPGCC and SFR districts;

(3)

An ADU shall require a building permit that may either be applied for concurrently with the application for a building permit for construction of the principal structure on the lot, or after construction of the principal structure;

(4)

A detached ADU shall be counted towards the total number of allowed accessory structures on a parcel;

(5)

An ADU must be clearly a subordinate part of the principal single family dwelling unit on the lot, and the ADU living area shall not be more than 700 square feet in size;

(6)

No more than one sleeping room shall be allowed in an ADU;

(7)

ADUs shall be compatible with the primary dwelling exterior materials.

(8)

ADUs (in combination with their associated principal single family dwelling unit) must conform to all City Code requirements for single family dwellings, including but not limited to setback, height, impervious surface, and accessory structure standards;

(9)

Detached ADU's must be located 40 feet from the side yard and a maximum 100 feet from the primary dwelling;

(10)

In addition to the parking required for the principal single family dwelling unit, there shall be one off-street parking space provided for or in the ADU;

(11)

The property owner must reside in the principal single family dwelling unit or in the ADU;

(12)

A property may not be subdivided or otherwise segregated to provide separate ownership of an ADU;

(13)

The principal single family dwelling unit and ADU shall have one postal address;

(14)

An ADU must have its own cooking, sleeping, and sanitary facilities;

(15)

The principal single family dwelling unit and ADU may be served by a single well, septic system, and municipal water, sanitary sewer, gas and/or electric utility service line, but separate meters for the respective utilities are allowed;

(16)

The ADU and the associated principal single family dwelling unit must meet all current state building, plumbing, electrical, mechanical, and fire code provisions including emergency vehicle access to the ADU.

(17)

A certificate of occupancy from the Building Official must be issued before an ADU can be inhabited.

(Prior Code, ch. 1308, subd. 6; Ord. No. 00-03; Ord. No. 04-02; Ord. No. 04-03; Ord. No. 05-06; Ord. No. 08-06; Ord. No. 09-02; Ord. No. 09-06; Ord. No. 12-03, § 3, 4-30-2012; Ord. No. 15-02, § 3, 3-9-2015; Ord. No. 18-07, § 1, 8-27-2018; Ord. No. 22-05, § 5, 10-10-2022; Ord. No. 23-05, § 1, 9-11-2023)

(a)

Public hearing required for interim use permit. An interim use permit for a home occupation is a permit authorized by the city council only after a public hearing by the planning commission.

(b)

Home occupations; no interim use permit required. All home occupations that conform to the following standards may be conducted without approval of an interim use permit as provided under this section:

(1)

Permitted home occupations shall be conducted only by property owners of the premises and shall not be conducted in any building on the premises other than the building which is used by the occupant as the private dwelling.

(2)

The area set aside for home occupations shall not be less than 50 percent of the total floor area of such residence.

(3)

Home occupation may have one sign per dwelling which shall comply with the requirements of section 109-479.

(4)

There shall be no exterior or garage storage of any materials, including business equipment, merchandise, inventory or heavy equipment, with the exception that one light commercial, home business-related vehicle and associated trailer may be parked on the site. For the purposes of this section, the term "light commercial vehicle" is a vehicle that does not exceed 28 feet in length or a gross vehicle weight rating of 16,000 pounds. One business-related trailer shall be allowed, provided that the trailer is attached to a vehicle and the combined length of the vehicle and trailer does not exceed 46 feet. No other materials may be stored. No home occupation shall be conducted in any accessory building without a permit.

(5)

Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.

(6)

The use of heavy industrial equipment other than is usual for purely domestic or hobby purposes is prohibited.

(7)

The off-street loading and off-street parking requirements of section 109-196 must be provided.

(8)

Merchandise shall not be openly displayed or offered for sale within the residence except within the space allowed by this section.

(9)

The operation of any wholesale or retail business, unless it is conducted entirely by mail or by occasional home invitation and does not involve the sale, shipment, or delivery of merchandise on the premises, is prohibited.

(10)

Any home occupation or activity that produces noise or noxious odors, vibrations, glare, fumes, fire hazard, or electric interference detectable to normal sensory perception beyond the property line is prohibited.

(11)

A home occupation shall average eight or fewer customers daily.

(12)

The hours of operation shall be reasonable so as not to interfere with the residential character of the neighborhood.

(13)

Exterior lighting shall be directed and shielded from neighboring properties and public ways.

(14)

The use shall not create unreasonable pedestrian, automobile, or truck traffic in excess of a single-family residence.

(c)

Home occupation; interim use permit required.

(1)

All home occupations that do not conform to the standards of subsection (b) of this section shall only be conducted upon approval of an interim use permit. Interim use permits granted by this section shall be temporary in nature and shall be granted to a designated natural person who resides at a residential address. Interim use permits are not transferable from person to person or from address to address.

(2)

Applications for home occupation interim use permits shall be filed with the planning department together with a filing fee established by city council in an annual fee ordinance. The application shall be forwarded to the planning commission for a public hearing. All such hearings shall be held at public meetings of the planning commission and shall be conducted as provided division 1, article V of this chapter. Legal notice of all such hearings shall be given as required for petitions for any interim use permit. At the conclusion of its hearing, the planning commission shall make findings of fact and recommendations to the city council. Notwithstanding provisions to the contrary, the city council may waive the requirement for a survey in circumstances where no buildings or site improvements are proposed.

(3)

The initial interim use permit may be approved by the city council following a public hearing for a period up to two years and thereafter may be administratively renewed with city council approval for periods between one and five years, depending on the type of business, the level of impact, demonstration of and compliance with any imposed conditions, and the absence of violations of city ordinances. Alternatively, should any of the above impacts or violations exist, a public hearing may be required for renewal.

(4)

An interim use permit for a home occupation shall further conform to the following provisions:

a.

On-site sales, wholesale or retail, shall not be the primary objective of the business. Limited on-site sales may be permitted, provided that the effect on traffic levels shall not be judged unacceptable by the city council. Upon report of objectionable traffic, the city council may restrict or rescind on-site sales approval.

b.

Signs shall comply with section 109-479.

c.

The business shall not employ more than three persons in the dwelling or accessory building who are not immediate family members living in the associated residence.

d.

Storage or sales of hazardous substances as defined in Minn. Stats. § 182.651, subd. 14, bulk chemicals, or petroleum products shall be specifically prohibited unless done so in compliance with the requirements of the county community health and environmental services department. Requirements may include additional licensing. Storage of agricultural chemicals as allowed by state statutes is not prohibited.

e.

Any other restrictions or conditions as the city council may determine to be necessary to avoid conflict with surrounding residential land usage.

(5)

The city hereby reserves the right, upon issuing any interim use permit, to inspect (with or without notice) the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.

a.

Notice of inspection. The city official or designated representative may, but shall not be required to, give an occupant of the dwelling advance notice of the inspection.

b.

Refusal to permit access. Any person who shall, without good cause, refuse to permit access to a dwelling by the city official or designated representative for the purpose of making the inspection shall receive a notice to terminate the use.

(d)

Procedures. The city council shall follow the procedures for issuance of a conditional use permit in this division 1, article V of this chapter for issuance of an interim use permit for a home occupation, as such requirements are found by the city council to be applicable to the use.

(e)

Cannabis businesses and hemp businesses are prohibited as home occupations.

(Prior Code, ch. 1308, subd. 17; Ord. No. 09-02; Ord. No. 11-01; Ord. No. 24-05, § 8, 12-9-2024)

(a)

Application of off-street parking and loading regulations. The regulations and requirements set forth in this section shall apply to the required and non-required off-street parking and loading facilities in all but agricultural and residential use districts.

(b)

General provisions.

(1)

Expansion of existing uses. Expansion of existing uses and/or structures will require the application of the provisions of this section to both the existing and new uses and/or structures.

(2)

Floor area. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, means the net usable floor area of the various floors, exclusive of hallways, utility space, storage areas other than warehousing.

(3)

Benches in places of public assembly. In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required parking.

(4)

Minimum size of parking spaces. Each parking space shall be not less than nine feet wide and 20 feet in length, exclusive of access drives, and each space shall be served by a minimum 25-foot driving lane.

(5)

Not allowed. Parking shall not be allowed in areas not designated for off-street parking.

(6)

Joint parking facilities. Off-street parking facilities for a combination of one or more uses may be provided collectively in any district except the LG-1, LG-2 and SFR districts, provided that the total number of spaces provided shall equal the sum of the separate requirements for each use.

(7)

Control of off-street parking facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off-street parking shall be filed with the city so as to maintain the required number of off-street parking spaces during the existence of said principal use. No such parking facility at its closest point shall be located more than 300 feet from the premises.

(8)

Use of parking area. Required off-street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles that are inoperable or for lease, rent or sale.

(c)

Location. All accessory off-street parking facilities required herein shall be located as follows:

(1)

Spaces accessory to single-family dwellings on the same lot as the principal use served.

(2)

There shall be no off-street parking space within 20 feet of any street right-of-way.

(3)

No off-street open space parking area containing more than four parking spaces shall be located closer than 20 feet from an adjacent lot zoned or used for residential purposes.

(d)

Design and maintenance of off-street parking areas.

(1)

Required site plan. At the time of submitting an application for a building permit, the applicant shall also submit a site plan to the city demonstrating that the provisions of this section have been complied with.

(2)

Access and location. Parking areas shall be designed so as to provide an adequate means of access to a public street. Said driveway access shall not exceed 30 feet in width at the right-of-way or public walk centerline and shall be so located as to cause the least interference with traffic movement.

(3)

Calculating space. When determining the number of required off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.

(4)

Surfacing and drainage. Off-street parking areas shall be improved with a durable and dustless surface. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the area. These requirements shall also apply to open sales lots. Durable and dustless surface may include crushed rock and similar treatment for parking accessory to residential structures. All other uses shall utilize asphalt, concrete, or other surface (water sealed) as approved by the city engineer or building inspector.

(5)

Lighting. Artificial lighting shall be planned, designed, constructed and maintained consistent with the International Dark-Sky Association philosophy and the following standards:

a.

Lighting shall be directed away from the public right-of-way and nearby or adjacent residential or agricultural conservation districts.

b.

Commercial parking lots shall be lighted to a minimum level of one foot-candle.

c.

All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination on a cloudy night will not increase the level of illumination on any nearby residential property by more than 0.1 foot-candle in or within 25 feet of a dwelling nor more than 0.5 foot-candle on any part of the property. Street lights installed to provide lighting at intersections or midblock on any street for traffic safety will be exempted from these standards.

d.

Glare, whether direct or reflected as different from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.

(6)

Curbing and landscaping. All open off-street parking areas designed to have head-in parking along the interior property line shall provide a bumper curb not less than three feet from such property line or a guard of normal bumper height to ensure that no part of any car shall project beyond the required setbacks. When such area is for six or more spaces and not located in the rear of the building, a bumper curb or fence shall be erected at the required parking setback line and grass or planting shall occupy the space between the property line and said curb or fence.

a.

In all business and industrial districts, a minimum 15-foot setback shall be required for any impervious surface that occurs within the required front yard setback. The area within this setback shall be landscaped.

b.

All parking which occurs within the required front yards shall be screened to at least the height of the headlights of the parked vehicles or three feet. The use of screening shall require at least two types of screening materials.

(7)

Parking space abutting residential use districts. When a required off-street parking space for six or more vehicles is located abutting residential use districts, a compact evergreen hedge or fence of adequate design, not over six feet in height or less than 3½ feet in height shall be erected and maintained along the residential use district property line. The fence shall not be less than 75 percent opaque.

(8)

Maintenance of off-street parking spaces. The operator of the principal use, uses or structure shall maintain, in a neat and adequate manner, the parking space, accessways, landscaping and required curbs and fences.

(e)

Required parking. The number of required off-street parking spaces shall be as follows:

(1)

Single-family dwellings. At least two parking spaces for each dwelling unit. A garage or carport stall shall constitute a parking space. No person in any district shall convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space.

(2)

Schools, elementary and junior high. At least one parking space for each classroom, plus one additional space for each 50-student capacity.

(3)

Schools, high school through college. At least one parking space for each seven students, based on design capacity, plus one for each two classrooms.

(4)

Churches, auditoriums, funeral homes. At least one parking space for each three seats, based on the design capacity of the main assembly hall.

(5)

Theaters, athletic fields. At least one parking space for each three seats of design capacity.

(6)

Community centers, post offices, pool halls, libraries, private clubs, lodges. Ten spaces plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor area in the principal structure.

(7)

Hospitals. At least one parking space for each three hospital beds, plus one for each four employees.

(8)

Golf courses, country clubs, tennis clubs, public swimming pools, marinas. 20 spaces, plus one for each 300 square feet in excess of 1,000 square feet of floor area in the principal structure.

(9)

Rest homes, nursing homes, day nurseries. Four spaces, plus one for each 500 square feet in excess of 1,000 square feet of floor area in the principal structure.

(10)

Office buildings, banks, professional offices. At least one off-street parking space for each 300 square feet of net floor area.

(11)

Retail sales and service establishments. At least one off-street parking space for each 150 square feet of net floor area.

(12)

Class II restaurants. At least one space per 50 square feet of net floor area, plus one for every three seats.

(13)

Class I restaurants, cafes. At least one space for each three seats, based on capacity design.

(14)

Gasoline service stations, auto repair shops. Four off-street parking spaces for each service stall.

(15)

Bowling alleys. At least five off-street parking spaces for each alley.

(16)

Skating rinks, dance halls, golf driving ranges, miniature golf courses, trampoline centers and similar uses. At least 15 off-street parking spaces, plus one additional space for each 300 square feet of floor area over 2,000 square feet.

(17)

Manufacturing and processing facilities. At least four off-street parking spaces, plus one additional space for each 800 square feet of net floor area in the principal structure. At least one parking space per 1½ employees on site at maximum shift; plus, for visitors, at least one parking space for each 25 employees; plus, for company vehicles, at least one parking space to accommodate each company-owned or leased truck or vehicle usually found on the premises.

(18)

Shopping centers and combined commercial offices or service uses. At least one parking space per 200 square feet of gross leasable area.

(19)

Open sales lots, lumber yards, auto sales lots, auto leasing lots. One parking space for each 2,000 square feet of land up to the first 8,000 square feet, plus one parking space for each 4,000 square feet of land up to a parcel of 24,000 square feet, plus one parking space for each 6,000 square feet thereafter.

(20)

Commercial day care centers. One space for each teacher or employee, plus one space for every five children receiving care.

(f)

Off-street loading and unloading.

(1)

Location. All loading berths shall be 25 feet or more from the public street. Each loading berth shall be located with appropriate means of access to a public street in a manner that will least interfere with traffic.

(2)

Size. Berths shall be not less than 12 feet in width and 50 feet in length. All loading berths shall maintain a height of 14 feet or more.

(3)

Surfacing. All loading berths and accessways shall be surfaced with a minimum of bituminous material.

(4)

Accessory use. Any area allocated as a required loading berth or access drive so as to comply with the terms of this section shall not be used for the storage of goods, inoperable vehicles, nor be included as a part of the area necessary to meet the off-street parking data.

(5)

Screening. Loading and service areas that occur in the front of industrial buildings shall be at least 50 percent screened to a height of four feet from eye level from adjacent roadways.

(Prior Code, ch. 1324; Ord. No. 04-03)

(a)

The dimensional standards shall apply in districts as shown in the following table:

RESIDENTIAL DISTRICTS

COMMERCIAL/INDUSTRIAL DISTRICTS

SHORELAND ORDINANCE

(b)

Within the LG-3 district, dimensional standards may be superseded through the PUD process with approval of a development plan, provided that such a PUD within the LG-3 district must include waterfront property as a significant component, provide a harmonious mix of senior multifamily residential and commercial uses, include a self-contained collective wastewater treatment system, and increase public lake access, use and enjoyment by providing a lakefront trail, public dock, or similar publicly-beneficial lakefront facility.

(Prior Code, ch. 1316; Ord. No. 01-09; Ord. No. 04-02; Ord. No. 04-03; Ord. No. 10-___; Ord. No. 12-03, § 5, 4-30-2012; Ord. No. 15-02, § 4, 3-9-2015; Ord. No. 18-06, § 1, 8-27-2018; Ord. No. 19-02, § 1, 2-11-2019; Ord. No. 19-03, § 1, 2-11-2019; Ord. No. 20-02, 1-13-2020; Ord. No. 22-05, § 6, 10-10-2022)

In any residential district where adjoining principal buildings existing at the time of adoption of the ordinance from which this section is derived have a lesser setback than that required, the required front yard of a new structure shall not be less than the average front yard of the buildings on each side for 400 feet and in no case shall be less than 20 feet.

(Prior Code, ch. 1308, subd. 10)

Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be 35 feet. In the case of industrial districts, such minimum setback shall be 75 feet.

(Prior Code, ch. 1308, subd. 11)

Along streets designated as arterial in the comprehensive plan, the minimum setback for all buildings shall be 50 feet from the planned right-of-way line.

(Prior Code, ch. 1308, subd. 12)

The height of structures used for churches, schools and similar uses may extend to 45 feet in residential districts with non-occupancy structures of greater height requiring a conditional use permit. The required setback from any residential lot shall be at least equal to the height, and the distance between any two detached principal buildings shall be no less than one-half the sum of the heights of the two structures.

(Prior Code, ch. 1308, subd. 13)