(A)   Title. This chapter shall be known as the “Owatonna Zoning Ordinance”, except as referred to herein, where it shall be known as “this chapter”.

   (B)   Intent and purpose. The intent of this chapter is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use. This chapter shall divide the city into use districts and establish regulations in regard to locations, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to protect such use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating compatibility of different land uses; to promote the character and preserve and enhance the stability of properties and areas within the city; to protect against fire, explosion, noxious fumes and pollution of the environment; to promote a visually pleasing environment throughout the community; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission and the City Council in relation to this chapter.

   (C)   Relation to Comprehensive Municipal Plan. It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the Comprehensive Municipal Plan as developed and amended from time to time by the Planning Commission and City Council. The Council recognizes the Comprehensive Municipal Plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth.

   (D)   Standard; requirement. Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation of the city, the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirements shall prevail.

   (E)   Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety and welfare.

   (F)   Conformance.

      (1)   No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this chapter.

      (2)   Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

   (G)   Uses not provided for within zoning districts. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, upon receipt of the staff study, shall, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.

   (H)   Authority. This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minn. Stat. §§ 462.351 to 462.365, as they may be amended from time to time.

   (I)   Separability. It is hereby declared to be the intention of the city that the several provisions of this chapter are separable in accordance with the following.

      (1)   If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.

      (2)   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

(Ord. 827, passed 4-19-1983)

   (A)   Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction.

      (1)   The singular number includes the plural, and plural the singular.

      (2)   The present tense includes the past and the future tenses, and the future the present.

      (3)   The word “shall” is mandatory while the word “may” is permissive.

      (4)   The masculine gender includes the feminine and neuter.

   (B)   Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

      ACCESSORY BUILDING. An uninhabited structure having a roof supported by walls or columns which is subordinate to and located on the same lot as the principal use. An ACCESSORY BUILDING shall be considered an integral part of the principal building by a covered passageway.

      ACCESSORY STRUCTURE. Anything which is built, constructed, erected or joined together in some definite manner excluding buildings, which is subordinate to and located on the same lot as the principal use.

      ACCESSORY USE. A use which is subordinate to and associated with a principal use and which is located on the same lot as the principal use.

      ADULT DAY-CARE. A service that provides adult day-care for functionally impaired adults during part of the day (less than 24 hours a day). No overnight accommodations are provided and adults are delivered and removed daily.

      AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include: field crop farming, pasture for hay, fruit growing; tree, plant, shrub or flower nursery without building; truck gardening; roadside stand for sale in season of products grown on premises; and livestock raising and feeding, but not including, fur farms, commercial animal feed lots and kennels. Uses are subject to state pollution control standards.

      ALLEY. A public right-of-way less than 30 feet in width which affords secondary access to abutting property.

      APARTMENT. A room or suite of rooms which is designed for, intended for or occupied as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency apartment.

      AUTOMOBILE REPAIR-MAJOR. General repair, rebuilding or reconditioning engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, overall painting or paint job; vehicle steam cleaning.

      AUTOMOBILE REPAIR-MINOR. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 9,000 pounds gross weight, but not including any operation specified under “automobile repair-major”.

      BASEMENT. A portion of a building located partially underground but having less than one-half its floor to ceiling height below the average land grade.

      BED AND BREAKFAST. Lodging establishments providing short term guest accommodations within the primary residence of the applicant. Such facility must be licensed by the State Department of Health. The commercial serving of food shall be limited to breakfasts served to overnight guests only. In addition to meeting the parking requirement for a residence, one additional hard-surfaced, off-street parking space per guest room shall be provided in the rear yard adequately screened from adjacent residences. Conditional uses issued for BED AND BREAKFAST ESTABLISHMENTS shall be issued specifically to the applicant and are not transferable with the property. Initial approval shall be provisional, subject to a one-year review in accordance with the rules and procedures of § 157.101 of this chapter. At such time, the conditional use may be issued; issued subject to additional conditions or not issued if evidence is presented that such use presents a negative impact on the surrounding neighborhood.

      BOARDING HOUSE. A building other than a hotel where, for compensation by rearrangement for definite periods, meals or lodging and meals are provided to three or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons.

      BOOK AND VIDEO SALES. The sale of books, magazines and videos.

      BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.

      BUILDING. Any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy.

      BUILDING HEIGHT. A distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a mansard roof, to the uppermost point on all other roof types.

      BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

      BUSINESS INCUBATOR. A shared-tenant facility that is designed to nurture small, startup commercial and/or light industrial businesses. Such facilities can be operated on a profit or not for profit basis and typically provide tenants with below market rental rates, negotiable lease/space arrangements and other services to assist new businesses through start up operations.

      CARPORT. A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on three sides.

      CELLAR. The portion of a building having more than one-half of the floor to ceiling height below the average land grade.

      CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

      CLUB or LODGE. A non-profit association of persons who are bonafide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises; providing, adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed; providing, such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

      COMMERCIAL FUELING STATION. A principal or accessory business that provides only self-service fueling for automobiles and trucks through a pre-arranged agreement such as a numbered credit account. There shall be no other retail sales associated with the business, except by vending machine. There shall also be no fueling attendants on duty or any such facilities that will encourage overnight or extended parking.

      CONDITIONAL USE. An activity or use of the land, which because of special problems of control intrinsic in the use, requires reasonable but special, unusual and extraordinary limitations for the protection of the public welfare and the integrity of the municipal land use plan.

      CONDITIONAL USE PERMIT. A permit, issued by the City Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

      CONDOMINIUM. A multiple dwelling containing individually owned dwellings units and jointly owned and shared areas and facilities, which dwelling is subject to applicable provisions of state statutes.

      CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.

      DAY-CARE HOME. Restricted to a family dwelling in which foster care, supervision and training for children of school or pre-school age out of their own home is provided during part of the day (less than 24 hours) with no overnight accommodations or facilities and children are delivered and removed daily. The number to be cared for in one day-care home shall not exceed 12, not including the family’s own children, and all licenses shall be obtained.

      DAY-CARE CENTER (GROUP). A service provided to the public, which children of school or pre-school age are cared for during established business hours. No overnight accommodations are provided and children are delivered and removed daily. At least 50 square feet of fenced play area per pupil shall be provided.

      DECK. An accessory open and uncovered structure that is constructed more than one foot above the height of the exterior finished grade elevation at any point along its perimeter which is attached to or abutting the principal use and is intended for recreational use.

      DETOXIFICATION FACILITY (SUB ACUTE). A short term health care and evaluation center designed for the safe, supervised withdrawal from alcohol and drugs, the evaluation of the patient’s involvement and possible dependency on chemical substances and to refer patient to appropriate programs.

      DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class or use permitted herein.

      DOG KENNEL. Any place where five dogs or more over six months of age are commercially boarded, bred and/or offered for sale, excluding a veterinary clinic.

      DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

      DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding houses.

      DWELLING, MANUFACTURED (MOBILE) HOMES. A detached residential structure transportable in one or more sections which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, 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 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; except that, the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the State of Minnesota and complies with the standards established under Minn. Stat. Ch. 327, § 327.31, as it may be amended from time to time.

      DWELLING, MULTIPLE (APARTMENT). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.

      DWELLING, SINGLE-FAMILY. A detached dwelling unit designed exclusively for occupancy by one family.

      DWELLING, TWO-FAMILY. A dwelling designated exclusively for occupancy by two families living independently of each other.

      DWELLING UNIT. A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers.

      EARTH SHELTERED BUILDING. A building so constructed so that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth, and all applicable Building Code Standards are satisfied. Partially completed buildings shall not be considered EARTH SHELTERED.

      ESSENTIAL SERVICES. Overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems operated by public utilities, municipal or other governmental agencies or under franchise from government.

      FAMILY. One or more persons each related to the other by blood, marriage, adoption or foster care, or a group of not more than five persons not so related maintaining a common household and using common cooking and kitchen facilities.

      FOOD VENDING VEHICLE. Every motor vehicle in which foods of any kind are carried for the purposes of selling, at retail sale, on the city streets or other public right-of-way.

      GARAGE-PRIVATE. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business or industry is carried on.

      GARAGE-PUBLIC. A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles or where any such vehicles are kept for remuneration or hire, and in which any sale or gasoline, oil and accessories is only incidental to the principal use.

      GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

      GROSS FLOOR AREA. The sum of the gross horizontal area of the several floors of a building or buildings measured from the exterior walls, but not including any space where the floor-to-ceiling height is less than six feet.

      HELIPORT. A helicopter landing area and base of operations including such facilities as maintenance and overhaul, fueling, service, storage, tie-down areas, hangars, passenger and cargo facilities, and other necessary buildings and open spaces.

      HOME OCCUPATIONS. Any gainful occupation engaged in by the occupants of a dwelling at or from the dwelling. Such activity shall be clearly incidental and secondary to the residential use of the premises. Permissible HOME OCCUPATIONS shall not include the conducting of a retail business other than by mail, manufacturing business or a repair shop of any kind on the premises, except television, shoe and small appliance repair, and no stock in trade shall be kept or sold, except that which is clearly accessory to the principal use. No other than persons residing on the premises shall be employed and no mechanical equipment shall be employed that is not customarily found in the home and no more than one room may be devoted to home occupation use. Such HOME OCCUPATION shall not require internal or external alterations to involve construction features not customarily found in dwellings. The entrance to the space devoted to such occupations shall be within the dwelling. There shall be no exterior display, no exterior signs, except as allowed in the sign regulations for the zoning district in which such home occupation is located. There shall be no exterior storage of equipment or materials used in the home occupations. No HOME OCCUPATION shall be permitted which results in or generates more traffic than one car for off-street parking at any one given point in time. Permissible HOME OCCUPATIONS include, but are not limited to, the following: beauty shops; art studio, dressmaking; special offices of a clergy member, lawyer, architect, engineer, accountant or real estate agent or appraiser, when located in a dwelling unit occupied by the same; and teaching, with musical, dancing and other instruction limited to one pupil at a time.

      HOTEL. Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation be paid directly or indirectly.

      INDUSTRIAL SERVICE BUSINESS. Certain business establishments where providing a service or services to industrial concerns or their employees accounts for a significant portion of the total operation. Such business must not in any way restrict or negatively impact on the conduct of existing or potential industrial operations. In addition to the standards for granting conditional use permits in § 157.099 of this chapter, review of each proposed use under this section shall include the assessment of potential impact on industrial operations including, but not limited to, environmental permitting or licensing and the generation of additional traffic into the industrial area; and that the proposed use does legitimately provide a service or services to industrial firms or their employees at such a significant portion of total operation as to justify the location of the business in an industrial district as a matter of convenience and efficient provision of services to industrial clientele and their employees. Denial of the application for conditional use for INDUSTRIAL SERVICE BUSINESS may be based entirely on the applicant’s failure to reasonably satisfy the Planning Commission and City Council as to these standards.

      JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.

      LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to such date and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage upon a street.

      LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area required by this chapter for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the Council.

      LOT AREA. The area of a horizontal plane within the lot lines.

      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 single street, the interior angle of which is 135 degrees or less.

      LOT, DEPTH. The shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way (chord) within the lot boundaries.

      LOT, FRONTAGE. The front of a lot shall be for the purposes of complying with this chapter, that boundary abutting a public right-of-way having the least width. The owner of a corner lot may select either street line as the front lot line; providing, the resulting setbacks will be compatible with the existing or future setbacks of the adjoining properties subject to approval by the Building Inspector or Zoning Administrator.

      LOT, INTERIOR. A lot, other than a corner lot, including through lots.

      LOT LINE. A property boundary line of any lot held in single or separate ownership; except that, where any portion of the lot extends into the abutting street or alley, the LOT LINE shall be deemed to be the street or alley right-of-way.

      LOT, THROUGH. A lot fronting on two substantially parallel streets.

      LOT WIDTH. The horizontal distance between the side lot lines measured at the building setback line.

      MOBILE HOME PARK, DEPENDENT. An approved mobile home park which has underground utility service to each site and also restroom and washing facilities as specified by the state.

      MOBILE HOME PARK, INDEPENDENT. An approved mobile home park which has underground utility service to each site and only permits independent mobile homes.

      MOTEL/MOTOR HOTEL. A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, which garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

      MOTOR FREIGHT TERMINAL (TRUCK TERMINAL). A building in which freight brought in by motor truck is assembled and sorted for routing in intra-state and inter-state shipment.

      MOTOR FUEL STATION. A place where gasoline (stored only in underground tanks) kerosene, motor oil and lubricants are retailed directly to the public in premises. MOTOR FUEL STATION may include sale of vehicle related minor accessories and minor auto repair, but not automobile major repair.

      NON-CONFORMING STRUCTURE OR USE. Any structure or use which on the effective date of this chapter does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.

      NURSING HOME (REST HOME). A building having accommodations where care is provided for two or more invalids, infirmed, aged convalescent or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums or similar institutions.

      OFF-STREET LOADING SPACE. A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one truck of the type typically used in the particular business.

      OPEN SALES LOT. Any open land used or occupied for the purpose of buying, selling and/or renting merchandise and for the storing of same prior to sale.

      PARKING RAMP. An accessory structure designed and used for the storage of motor vehicles at, below and/or above grade.

      PARKING SPACE. An area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one automobile which has adequate access to a public street or alley and permitting satisfactory ingress for an automobile.

      PATIO. An accessory open and uncovered structure or hard surfacing that is no more than one foot above the height of the exterior finished grade elevation at any point along its perimeter which is attached to or abutting the principal use and is intended for recreational use.

      PERMITTED USE. A use which may be lawfully established in a particular district or districts; provided, it conforms with all requirements, regulations and performance standards (if any) of such districts.

      PERSON. An individual, firm, partnership, association, corporation or organization of any kind.

      PLANNED UNIT DEVELOPMENT. A tract of land developed as a unit rather than as individual development wherein buildings may be located in relationship to each other rather than to lot lines or zoning district boundaries. The PLANNED UNIT DEVELOPMENT must be developed in compliance with § 157.052 of this chapter.

      PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.

      PRODUCTION PHASE WECS. Professionally designed wind machines that are built in significant numbers on a continuing basis after testing. Wind machines made from professionally designed kits will be considered PRODUCTION PHASE WECS.

      PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units.

      RECYCLING CENTER. A facility that is not a junkyard, in which recoverable resources such as newspapers, cardboard, glassware and metal cans are collected, separated, and processed prior to shipment to others who will use those materials to manufacture new products. “Processing” is defined as the preparation of material for efficient shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding and cleaning. The facility must meet State Pollution Control Agency requirements for recycling facilities. In B-2 Districts, outbound truck shipments may be limited to an average of two per day and there shall be no shredding, compacting, baling or other processing of ferrous metals other than food and beverage containers. Under all circumstances, precautions shall be taken to ensure the containment of recyclable resources while at the center.

      RESIDENTIAL FACILITY. Any facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24-hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person’s own home. Institutions under the control of the Commissioner of Public Welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children, such facility shall be at least 1,320 feet from an existing residential facility.

      RESTAURANT. An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.

      RESTRICTED MANUFACTURING. Business engaged in the manufacture from predominantly previously prepared materials, of finished products or parts, including fabrication, assembly, packaging and internal storage. Such proposed use shall be found to be compatible with surrounding land uses and specifically shall be reviewed for impacts related to sound, vibration, odor, fumes, truck traffic and chemical and manufacturing processes that could potentially pose a health hazard or nuisance to the surrounding neighborhood. Such an operation shall be limited to a building square footage of 15,000 square feet and a minimum lot size of 40,000 square feet. Outside storage shall be prohibited. Denial of the application for conditional use may be based entirely on the applicant’s failure to reasonably satisfy the Planning Commission and City Council as to compatibility and appropriateness of the business at the proposed location.

      REVERSE VENDING MACHINE. An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles and issues a cash refund or a redeemable credit slip. A REVERSE VENDING MACHINE may sort and process containers mechanically; provided that, the entire process is enclosed within the machine. Such devices must be accessory to a principal use. Machines shall not occupy parking spaces intended for the primary use that would reduce available parking below that is required by this chapter, nor shall such machines interfere with pedestrian and vehicular traffic or restrict visibility. Signage shall be restricted to a location on the machine. Such machines must be located at least three feet off the lot line.

      SENIOR CITIZEN HOUSING. Multiple dwelling building with open occupancy generally limited to persons over 60 years of age. Not more than 10% of those living in SENIOR CITIZEN HOUSING can be under 60. Elevator service must be provided to each floor. Useable open space which at the minimum is equal to 20% of the gross lot area is required. Such housing should be readily accessible to shopping and medical facilities or arrangements for adequate transportation to and from such facilities should be available to the residents.

      SETBACK. The minimum horizontal distance between a building and street or lot line. Distances are to be measured from the most outwardly extend portion of the structure at ground level.

      SHOPPING CENTER. A grouping of retail business and service uses on a single site with common parking facilities.

      SINGLE-FAMILY ATTACHED DWELLING. Two single-family dwellings with a zero lot line on one side sharing a common wall, with the common wall and all jointly owned or jointly utilized facilities including, but not limited to, decks, utility lines and driveways being governed under a declaration of covenants and restrictions approved by the city, and filed with the County Recorder.

      STORY. The portion of a building included beneath the upper surface of a floor and upper surface of floor next above; except that, the top-most story shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50% of the total perimeter is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a STORY.

      TOWNHOUSES. Structures housing three or more dwelling units of not more than two stories each and contiguous to each other only by the sharing of one common wall, such structures to be of the town or row house type as contrasted to multiple-dwelling apartment structures. No single structure shall contain in excess of eight dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

      USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the standards of this chapter or by conditions imposed on particular uses.

      USEABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and useable by only persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways and parking areas shall not constitute USEABLE OPEN SPACE.

      VARIANCE. The waiving by City Council action of the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.

      WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use.

      WIND ENERGY CONVERSION SYSTEM (WECS). Any device such as a wind charger, windmill or wind turbine which converts wind energy to a form of useable energy.

      YARD. An open space on the lot which is unoccupied and unobstructed from its lowest level to the sky. A YARD extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

      YARD, FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the principal building.

      YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

      YARD, SIDE. A yard between the side line of the lot and the nearest line of the principal building and extending from the front line of the lot to the rear yard.

(Ord. 827, passed 4-19-1983; Ord. 1052, passed 2-4-1992; Ord. 1061, passed 6-16-1992; Ord. 1087, passed 2-28-1994; Ord. 1090, passed 5-17-1994; Ord. 1113, passed 5-16-1996; Ord. 1139, passed 6-4-1996; Ord. 1145, passed 8-6-1996; Ord. 1147, passed 8-20-1996; Ord. 1168, passed 8-19-1997; Ord. 1255, passed 5-1-2001; Ord. 1487, passed 8-1-2012; Ord. 1491, passed 1-8-2013; Ord. 1504, passed 7-2-2013; Ord. 1518, passed 2-17-2015; Ord. 1543, passed 9-20-2016; Ord. 1546, passed 10-18-2016; Ord. 1578, passed 4-3-2018; Ord. 1596, passed 9-3-2019)

   (A)   It is the purpose of this section to provide for the regulation on non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. This chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity.

   (B)   Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified, or subsequently amended.

   (C)   Nothing within this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector providing the necessary repairs shall not constitute more than 50% of fair market value of such structure. Said value shall be determined by the County Assessor.

   (D)   No non-conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless such movement shall bring the non-conformance into compliance with the requirements of this chapter.

   (E)   When a 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.

   (F)   A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been so changed, it shall not thereafter be so altered to increase the non-conformity.

   (G)   If at any time a non-conforming building, structure or use shall be destroyed to the extent of more than 50% of its fair market value, said value to be determined by the County Assessor, then without further action by the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the current regulations specified by these zoning regulations for the district in which such land and buildings are located, except a single-family dwelling may be restored or reconstructed to its former extent provided it has the same footprint, the same square footage and is in the same location as the original non-conforming dwelling. Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Inspector.

   (H)   Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six months, following written notice from an authorized agent of the city, any future use of said structure or land shall be made to conform with the provisions of this chapter.

   (I)   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 physically extend or intensify the non-conforming use.

   (J)   Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof; provided, they will not increase the number of dwelling units or size or volume of the building; except that, existing residential structures with non-conforming side yard setbacks may be expanded in line with the existing structure; provided that, there is at least a three-foot side yard setback; at least six feet is maintained between the proposed addition and any structure on the immediately adjacent lot; the addition does not increase the non-conforming building line by more than 75% of the original length of the building; and expansion does not involve an attached garage.

   (K)   Any proposed structure which will, under this chapter, become non-conforming but for which a building permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continued to completion within two years. Such structure and use shall thereafter be a legally non-conforming structure and use.

(Ord. 827, passed 4-19-1983; Ord. 1061, passed 6-16-1992; Ord. 1168, passed 8-19-1997; Ord. 1285, passed 7-16-2002) Penalty, see § 157.999

   (A)   No cellar, basement (except multiple-family dwellings and dwellings that are of earth sheltered construction as defined in § 157.002 of this chapter), garage, tent or accessory building shall, at any time, be used as an independent residence or dwelling unit, temporarily or permanently.

   (B)   Basements may be used as living quarters or rooms as a portion of residential dwellings.

   (C)   Tents, play houses or similar structures may be used for play or recreational purposes.

   (D)   Not withstanding any other provisions of this chapter, in all zoning districts where single-family residences are permitted, except in the MH Mobile Home District, the following design criteria shall apply for all single-family detached dwellings:

      (1)   A minimum width of 24 feet not including any attached garage;

      (2)   A minimum length of 24 feet not including any attached garage;

      (3)   A minimum total square footage of 600 square feet not including overhangs and other projections;

      (4)   Roof shall have a minimum pitch of 3:12 for at least 60% of the total roof area;

      (5)   Roof must be covered with shingles, tile, shakes or metal seam and batten roofing manufactured with a factory-applied finish except a galvanized finish; and

      (6)   Exterior walls shall be placed upon and secured to a permanent foundation of concrete, masonry or treated wood construction and shall include frost footings, all in accordance with the State Building Code.

(Ord. 827, passed 4-19-1983; Ord. 1255, passed 5-1-2001; Ord. 1304, passed 1-7-2003) Penalty, see § 157.999

   (A)   Any person desiring to improve property shall submit to the Zoning Administrator a survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city ordinance.

   (B)   All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

   (C)   Except in the case of planned unit development, as provided for in § 157.052 of this chapter, not more than one principal building shall be located on a lot. The words “principal building” shall be given their common, ordinary meaning, in case of doubt or on any question of interpretation, the decision of the Zoning Administrator shall be final, subject to the right of appeal to the Zoning Board of Appeals and City Council.

   (D)   On a through lot (a lot fronting on two substantially parallel streets), the rear lot line shall be defined as the arterial street, where access is prohibited, and the minimum setback shall be 20 feet for applying the yard and parking regulations of this chapter.

   (E)   Except in the Central Business District (B-3), no building shall be located closer than 20 feet from any street right-of-way.

   (F)   No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space shall be included as part of any open space required for other structures.

   (G)   Every single- and two-family residential structure hereafter erected shall be so located on the lot so that at least a two-car garage, either attached or detached, can be located on said lot.

(Ord. 827, passed 4-19-1983; Ord. 1145, passed 8-6-1996) Penalty, see § 157.999

   (A)   Residential districts.

      (1)   R-1, Single-Family Residential District. The purpose of the “R-1” Single-Family District is to provide for low density single-family detached residential dwelling units and directly related, complementary uses.

      (2)   R-2, Medium Density Single-Family Residential District. The purpose of the “R-2” Medium Density Single-Family Residential District is to provide for medium density single-family detached residential dwelling units, and directly related complementary uses.

      (3)   R-3, Single- and Two-Family Residential District. The purpose of the “R-3” Single- and Two-Family Residential District is to provide for low and moderate density one- and two-unit dwellings and directly related, complementary uses.

      (4)   R-4, Townhouse District. The purpose of Townhouse Residential District is to provide for townhouses or one- and two-unit dwellings.

      (5)   R-5, Medium Density Residential District. The purpose of the “R-5” Medium Density Residential District is to provide for medium density housing in multiple family structures ranging up to and including 12 units and directly related, complementary uses.

      (6)   R-6, High Density Residential District. The purpose of the “R-6” High Density Residential District is to provide for high density residential uses and directly related, complementary uses.

      (7)   R-B, Residential-Business District. The purpose of the “R-B” Residential Business District is to provide for high density residential use and for the transition in land use from residential to low intensity business allowing for the intermixing of such uses.

   (B)   Business Districts.

      (1)   B-1, Neighborhood Business District. The purpose of the “B-1” Neighborhood Business District is to provide for the establishment of local centers for convenient, limited office rental or service outlets which deal directly with the customer for whom the goods for services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community.

      (2)   B-2, Community Business District. The purpose of the “B-2” Community Business District is to provide for medium density retail or service activities on a community and regional market scale and to provide goods and services to transient motor vehicle traffic. Such districts should be located in areas well served by collectors or arterial street facilities.

      (3)   B-3, Central Business District. The purpose of the “B-3” Central Business District is to provide for the development and redevelopment of high intensity commercial and service activities, gaining economic advantage from a concentration of complementary uses and drawing from and serving customers from the entire market area.

   (C)   Industrial Districts.

      (1)   I-1, Light Industrial District. The purpose of the “I-1” Light Industrial District is to provide for the establishment of warehousing and light industrial development.

      (2)   I-2, Heavy Industrial District. The purpose of the “I-2” Heavy Industrial District is to provide for the establishment of heavy industrial and manufacturing development and use which, because of the nature of product or character of activity, requires isolation from residential or commercial use.

   (D)   Special districts.

      (1)   I-P, Industrial Park District. The purpose of the “I-P” Industrial Park District is to provide for the establishment of industrial development that is compatible with surrounding or abutting districts and to encourage high level performance standards. Development in the Industrial Park District is limited to administrative, wholesaling, manufacturing and related compatible uses, with suitable open spaces, landscaping and parking areas.

      (2)   A-O, Agriculture-Open Space District. The “A-O” Agriculture-Open Space District is intended to provide a district which will allow suitable areas of the city to be retained and utilized in open space and/or agricultural uses, prevent scattered non-farm uses from developing improperly and secure economy in government expenditures for public utilities and service.

      (3)   FP, Floodplain District. A district to provide for the protection and preservation of water channels and those portions of the adjoining floodplains which are reasonably required to carry and discharge a regional flood that are subject to inundation by regional floods. It is intended that this district apply to those areas which, if left unrestricted, could result in loss of life and property, health and safety hazards, disruption of commerce, utilities and governmental services, extraordinary public expenditures for floodplain protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. This district is furthermore created and applied in compliance with requirements of Minn. Stat. Ch. 103A, 103F and 462, as they may be amended from time to time. In addition, Minn. Rules, part 6115.0150 through 6115.0280, as may be amended, shall be consulted in administering and applying this district.

      (4)   PUD, Planned Unit Development District. The purpose of this district is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approaches to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities through conditional use provisions. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities and a harmonious selection and efficient distribution of uses.

      (5)   MH, Mobile Home Park. The purpose of the “MH” Mobile Home Park is to provide for manufactured housing and mobile homes and directly related uses.

   (E)   Map. The location and boundaries of the districts established by this chapter are hereby set forth on the Zoning Map entitled “Zoning Map of Owatonna”, dated 4-19-1983, and amended from time to time thereafter. Said map, on file with the Zoning Administrator and hereinafter referred to as the “zoning map”, which map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein, is hereby made a part of this chapter by reference.

   (F)   Annexed territory. Annexed territory shall be in the A-O District unless otherwise stipulated in the annexation ordinance or Municipal Board annexation order.

   (G)   Zoning district boundaries. Zoning district boundary lines of this chapter follow lot lines, railroad right-of-way lines, the center of watercourses or the corporate limit lines, all as they exist upon the effective date of this chapter.

      (1)   Appeals and questions of doubt concerning the exact location of a zoning district boundary line shall be heard by the Board of Adjustment and Appeals.

      (2)   When any street, alley or other public right-of-way is vacated by official action of the city, the zoning district abutting the centerline of said alley or other public right-of-way shall not be affected by such proceeding.

(Ord. 827, passed 4-19-1983; Ord. 1255, passed 5-1-2001)