Oakdale City Zoning Code

(a)

Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this article, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

(1)

The nonconformity or occupancy is discontinued for a period of more than three hundred sixty-five (365) days; or

(2)

The nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.

(b)

Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City Council may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.

(c)

Notwithstanding provision (a) above, the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.

(d)

Replacement of existing structures or buildings where a portion of the existing structure already encroaches into a yard and the proposed replacement will decrease the existing encroachment may be permitted subject to approval by the Community Development Director where all other provisions of this article are met or exceeded.

(e)

Expansion of nonconforming uses and structures

(1)

No nonconforming use may be added to or enlarged in any manner unless such additions or enlargements are made so as to bring said use into conformance with the regulations of this article.

(2)

No nonconforming structure may be enlarged or expanded unless the addition or expansion adheres to all requirements of this article. Additions or enlargements to nonconforming structures which do not meet the requirements of this article may be permitted subject to the granting of a variance per Division 25-03-500 Variance.

(Ord. No. 948, § 2, 7-8-25)

(a)

For the purpose of this article, the city shall be divided into the following districts, and the uses of structures and land, the height of buildings, and the area of premises for buildings are to be uniform in each district:

(1)

Residential Districts.

a.

R-1 Large Lot Detached Residential District.

b.

R-2 Low Density Residential District.

c.

R-3 Medium Density Residential District.

d.

R-4 High Density Residential District.

e.

R-5 Manufactured Home Park District.

(2)

Non-Residential Districts.

a.

MX Mixed Use District.

b.

B-1 Commercial District.

c.

B-2 Business Campus District.

d.

B-3 Light Industrial District.

e.

B-4 General Industrial District.

(Ord. No. 948, § 2, 7-8-25)

(a)

The boundaries of said districts shall be shown on the City of Oakdale Official Zoning Map, also known as the "Zoning Map."

(b)

Said map and all notations, references and other information shown thereon, shall be as much a part of this article as if the matters and information set forth by said map were all fully described herein.

(Ord. No. 948, § 2, 7-8-25)

(a)

The district boundaries shall be determined by measurement from and as shown on the zoning map, and in case of any questions as to the interpretation of such boundary lines, the City Council shall interpret the map according to the reasonable intent of this article.

(b)

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(3)

Boundaries indicated as approximately following city boundaries shall be construed as following municipal boundaries.

(4)

Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be the scale of the map.

(Ord. No. 948, § 2, 7-8-25)

(a)

No buildings shall be erected or premises used for any purpose unless in compliance with the restrictions prescribed for the district in which the building or premises is located.

(Ord. No. 948, § 2, 7-8-25)

(a)

When calculating the number of dwelling units per acre for residential developments or the percentage of lot coverage for commercial or industrial developments, the following practices shall be observed:

(1)

The size of the site shall be calculated as the total land area within the perimeter of the privately owned property including the area of newly proposed public or private roads or road right-of-way and any area proposed to be dedicated as public park.

(2)

Delineated wetlands shall not be included in the calculation of the size of the site.

(3)

Slopes having an incline of greater than twenty-five percent (25%) and a vertical elevation change of greater than twenty-five (25) feet shall not be included in the calculation of the size of the site.

(4)

A bonus of up to ten percent (5%) in the development density or lot coverage of portions of a site not encumbered by provisions (1), (2), or (3) above may be allowed by the City Council if at least thirty percent (30%) of the site is affected by provisions (1), (2), or (3) above. If such a density increase is proposed, the applicant must show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The City Council, in determining the reasonableness of the increase in the density or lot coverage, shall consider the following factors:

a.

The location, amount, and proposed use of open space;

b.

The location, design, and type of dwelling units;

c.

The physical characteristics of the site;

d.

The relationship of the proposed dwelling units to nearby developments; and

e.

The allowable density of the area as designated by the Comprehensive Plan.

(Ord. No. 948, § 2, 7-8-25)

(a)

Slopes having an incline of at least twenty-five percent (25%) with a vertical elevation of at least twenty-five (25) feet shall not be used as building placement sites.

(b)

If development in an area of steep slopes requires the construction of retaining walls of more than five (5) feet in total height, the design and construction of such walls must be approved by the City Engineer.

(Ord. No. 948, § 2, 7-8-25)

(a)

A substandard lot of record shall be considered as a building site for a single unit dwelling, provided there exists utility services (water and sanitary sewer) stubbed into the property.

(b)

Nonconforming lots of record in the Shoreland Overlay District shall adhere to the requirements in Minnesota Statutes, Section 462.357 subd. 1e (d)—(j).

(Ord. No. 948, § 2, 7-8-25)

(a)

No encroachments shall be permitted into easements.

(b)

Where easements do not exist, the following shall be considered as permitted encroachments on setback and height requirements except as hereinafter provided:

(1)

In Any Yards:

a.

Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, gutters, awnings, open terraces, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks, fences, retaining walls, and other similar features.

b.

Terraces, steps, exposed ramps (wheelchair), uncovered porches, stoops, or similar features provided they:

1.

Do not extend above the height of the ground floor level of the principal structure;

2.

Are located at least three (3) feet from any lot line; and

3.

Are located at least one (1) foot from any existing or proposed access drive

c.

Yard lights and nameplate signs in Residential Districts, trees, shrubs, plants, floodlights, or other sources of light illuminating parking areas, loading areas, or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

(2)

In Side and Rear Yards:

a.

Balconies eight (8) feet above grade may extend into the yards to within five (5) feet of a lot line provided said balconies do not extend over non-residential driveways.

b.

Detached outdoor picnic shelters, open arbors, and trellises may extend to within five (5) feet of a side or rear lot line except that no such structure shall exceed five hundred (500) square feet in size.

c.

Recreational equipment and picnic tables.

(3)

In Rear Yards:

a.

Laundry drying equipment.

b.

Breezeways and detached outdoor living rooms may extend twenty (20) feet into the rear yard but must be at least ten (10) feet from the rear lot line.

(c)

Height: Height limitations shall not apply to:

(1)

Barns, silos, and other structures on farms;

(2)

Spires, belfries, cupolas and domes;

(3)

Monuments;

(4)

Chimneys and smokestacks;

(5)

Flag poles;

(6)

Public and private utility facilities;

(7)

Television reception antennae;

(8)

Parapet walls extending not more than four (4) feet above the limiting height of the building except as hereinafter provided; and

(9)

Solar energy collectors and equipment used for the mounting or operation of such collectors.

(d)

Front Setbacks:

(1)

Where a subject parcel is adjacent to a lot or lots with principal structures which have a different setback from that required, the average front setback shall be computed. Where the average is less than the required setback, the average shall be the required setback for the subject parcel.

(e)

Side and Rear Setbacks:

(1)

Subject to regulations contained in the Building Code and other applicable regulations, buildings may be excluded from side and rear setback requirements provided party walls are used and if the adjacent buildings are constructed as an integral unit.

(2)

Such uses must have been allowed by this Zoning Code as Permitted, Permitted with Standards, or Conditional Uses.

(f)

Additions to Single- and Two-Unit Dwellings: A building addition to a single- or two-unit principal structure on property that is lawfully being used for residential purposes may encroach into the rear yard setback provided that:

(1)

The portion of the addition that encroaches into the rear yard setback does not exceed three hundred fifty (350) square feet;

(2)

The addition is located at least twenty (20) feet from the rear property line; and

(3)

The exterior materials used for the addition are the same or substantially similar to those of the principal structure.

(Ord. No. 948, § 2, 7-8-25)

(a)

In all areas, all waste material or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of all land shall be responsible for keeping such land free of refuse and weeds.

(Ord. No. 948, § 2, 7-8-25)

(a)

Except as specifically authorized by this article, all equipment, merchandise, materials, supplies, unlicensed vehicles, junk vehicles, trash and junk, and finished and unfinished products shall be stored within structures as defined herein. This provision does not apply to clothesline poles, lawn furniture, picnic tables and playground equipment as associated with residential use.

(b)

Construction materials may be stored outdoors only during construction, and such materials must be for use in construction on the property on which they are stored or a nearby property with consent from the respective property owner.

(c)

Dumpsters, dumpster bags, roll-off containers, tubs, and temporary storage containers shall comply with the regulations set forth in Chapter 13, Article 6: Temporary Storage, and Chapter 6, Article 2: Residential and Commercial Solid Waste Requirements.

(d)

Passenger vehicles and trucks in an inoperative state shall not be parked outdoors in Residential Districts for a period of time exceeding seven (7) days. Inoperative shall mean incapable of movement under their own power and shall include vehicles incapable of legal operation on a public street.

(Ord. No. 948, § 2, 7-8-25)

(a)

Pursuant to the authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Oakdale opts out of the requirements of Minnesota Statutes, Section 462.3593, which defines and regulates Temporary Family Health Care Dwellings.

(Ord. No. 948, § 2, 7-8-25)