1. Restrictions and limitations. Home occupations shall be permitted as an accessory use to a residential use in any district subject to the requirements of this chapter.
   1. A Home Occupation Permit shall be issued only to the individual occupying a dwelling as his residence. As such, Home Occupation Permits shall not be transferable and shall terminate upon sale or transfer of the property to a new owner.
   2. Home occupations shall be operated entirely from an enclosed structure and shall not occupy more than ten percent of the total floor area of the main residential building, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.
   3. No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence, or other visible evidence of conduct of the home occupation.
   4. No outdoor storage of materials or equipment used in the home occupation shall be permitted.
   5. There shall be no visible evidence of the home occupation except that the owner may provide a home occupation sign as allowed in PCC 13.80.020(i). Only wall mounted signs shall be allowed.
   6. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence, and with no more than one unrelated individual being employed.
   7. No equipment shall be utilized that creates odor, vibration, noise, dust, electrical interferences, fluctuations in line voltage or other nuisances beyond the property line of the lot upon which the home occupation is conducted.
   8. Parking generated by the conduct of a home occupation shall be provided off-street, and other than in a required front yard.
   9. No commodities shall be displayed or sold outside of the main residential building.
   10. The sale of goods from the location shall be limited to items produced on site and the sale of catalog based products. The business shall be designed for no more than two customers within the residence at one time.
   11. Only one home occupation is permitted per lot.
   12. The following home occupations shall require a conditional use: offices, clinics, barber shops, beauty parlors, body art establishments, dress shops, tourist homes, and music and dance schools.
   13. Any home occupation that involves one or more of the following activities shall comply with the standards listed in Subsections (a)(1) through (11) of this section and shall require a conditional use:
       1. The handling of food or foodstuffs;
       2. The retail sale or retail storage of firearms, weapons, potentially lethal items, or hazardous materials;
       3. The handling or growing of live plants or vegetation;
       4. The handling, use, or production of noxious, toxic, or harmful materials;
       5. The care or treatment of animals, including birds, fowl, fish, and reptiles;
       6. The care or treatment of humans; except day care uses which shall comply with the regulations as listed elsewhere in the code.
2. Review of home occupations.
   1. When deemed appropriate, the City may bring the home occupation to the attention of the Planning Commission at which time the Planning Commission may hold such public hearings, request such information, or require such conditions as deemed necessary to bring the home occupation into compliance with the performance criteria.
   2. At the discretion of the Planning Commission, Conditional Use Permits may not be issued due to their negative effects on public safety, health, welfare and the City’s property values. The Planning Commission shall make a recommendation to the City Council for final consideration.

(Prior Code, § 10.500.0200; Ord. No. 20-04, 8-5-2020)

1. Purpose. This chapter regulates all signs in Pine City that are visible from the public road right-of-way, public facilities, trails open to the public, and navigable waterways. Pine City has a tradition and reputation as a community with a rich mix of land uses that blend into a landscape of high aesthetic quality. Depending on their size, number, placement, and character, signs may attract or repel visitors, affect the visual quality enjoyed daily by residents, affect the safety of pedestrian and vehicular traffic, and define the character of the area. Thus, aesthetic considerations impact economic values as well as public health, safety, and welfare. Therefore, this chapter sets standards for the following purposes:
   1. Maintain and enhance the visual quality of the community.
   2. Improve pedestrian and motorist safety by minimizing distractions and obstacles to clear views of the road and of directional or warning signs.
   3. Protect and enhance economic viability by assuring that Pine City will be a visually pleasant place to visit and live.
   4. Protect property values and private and public investments in property.
   5. Protect views of the natural landscape and sky.
   6. Avoid personal injury and property damage from structurally unsafe signs.
   7. Provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention.
2. Outdoor signs in non-residential districts.
   1. Signs that do not need a zoning permit. Building permits may be required.
      1. Address signs. One address sign facing the curb is required for each business.
      2. Directional signs. Only one entrance/exit sign is allowed per legal driveway.
      3. Governmental signs.
      4. Flags. Up to three flagpoles per parcel are allowed, with no more than three brand flags per flagpole. More than three flagpoles will require a variance.
      5. Warning signs. Warning signs may not exceed three square feet.
      6. On-premises temporary signs.
         1. Quantity. Each business shall be allowed up to two total per building elevation of the following: banners; non-flashing portable signs; posters; sandwich boards.
         2. Placement and maintenance. These temporary signs must be located on the property and may be attached to the building wall, or to their own support structure, but may not be attached to light poles, other signs, or similar structures not intended specifically for such use. These signs must not interfere with pedestrian or vehicular traffic including visibility, especially at intersections, and they must be maintained in good repair.
         3. Maximum sign area. The maximum total area per building side for temporary signs is 50 square feet.
         4. Setbacks. All temporary signs must meet setback requirements for their district, except for:
            1. Sandwich boards, which are also permitted on sidewalks only during daylight hours and only as long as they extend no more than three feet into the sidewalk area while leaving a minimum three-foot-wide open path; and
            2. Signs attached only to, and not extending more than one foot from, the building itself, even if the building is a legal nonconforming use.
         5. Timeframe. Temporary signs are those that are not permanently affixed to the ground or to a building. They are intended for grand openings and business promotions, not for year-round use and not to exceed 35 days in a calendar year.
   2. Signs that need a zoning permit. Building permits may also be required.
      1. Permanent signs attached to a building.
         1. Number of signs. Up to two wall or projecting signs are permitted per building elevation. In the case of a multi-tenant building, one additional sign is permitted per building elevation, per distinct tenant, beyond what is allowed for the primary tenant.
            1. Buildings exceeding 100 feet in frontage, one additional wall or projecting sign is permitted.
            2. Signs depicting an entrance/exit for specific services/products shall not be included in the count of wall or projecting signs.
            3. Signs that when combined create a whole design element shall not exceed the sign area and shall be allowed and be considered one wall sign.
         2. Projecting signs. Signs may extend over public property not more than seven feet from the face of the supporting building, but no portion shall extend nearer than two feet to the face of the nearest curb line measured horizontally.
         3. Sign height. All signs shall have a minimum clearance of eight feet above a sidewalk or 15 feet above driveways or alleys.
         4. Sign area. The maximum permitted area of a projecting wall sign shall be equal to ten percent of the respective building face. The maximum permitted area for wall signs shall be equal to 25 percent of the respective building face.
      2. Permanent freestanding signs.
         1. Number of signs. One freestanding sign is permitted per parcel. Additional freestanding signs are permitted as long as there is a minimum separation of 300 feet between signs. In multi-tenant business developments, one additional freestanding sign, identifying all tenants, will be allowed near the entrance to the development.
         2. Height. The maximum allowable height of a freestanding sign is 15 feet plus the distance to the nearest property or right-of-way line, or 50 feet, whichever is less. The face frame of freestanding signs located less than ten feet from the right-of-way or property lines must be a minimum of eight feet above the ground.
         3. Face area. The maximum allowable face area in square feet of the freestanding sign is six times the allowable height of the sign. For example: A 25-foot-high sign would be allowed 150 square feet of face area.
         4. Setbacks. Signs shall conform to building yard regulations for the zoning district in which the signs are located.
         5. Illumination. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. All illuminated signs shall comply with all applicable lighting codes and regulations.
      3. Billboards. All standards including setbacks that are applicable to other signs and structures shall apply to billboards including or in addition to the following provisions:
         1. Billboards shall be allowed only within 500 feet of I-35 and not within 500 feet of a residential district or within 1,000 feet of any existing billboard, including those within or outside the City’s municipal boundaries.
         2. Billboards shall be located so as not to obstruct any existing business or sign.
         3. The land around a billboard must be restored and maintained.
         4. No billboard structure shall contain more than two signs per face.
         5. The maximum area of a billboard face is 500 square feet.
         6. The maximum height of any portion of the sign, including trim and extensions, shall not be more than 50 feet.
      4. Off-premises signs. The following off-premises signs shall be permitted:
         1. Billboards (see previous subsection for standards);
         2. Signs allowed within the right-of-way of State highways per applicable Minnesota Department of Transportation regulations;
         3. City sponsored directional signs for wayfinding;
         4. Seasonal, noncommercial event or noncommercial activity signs:
            1. Installed not more than 25 days prior to an event or activity and removed within five days following the event or activity and not to exceed 35 days total;
            2. Limited to four permits per year, per property;
            3. Limited to 48 square feet per sign;
            4. Not allowed in residential districts;
            5. Not allowed in the right-of-way or to cause visual obstruction for motorists;
            6. Sign shall not be illuminated;
            7. Limited to three signs per permit, three properties per event.
         5. Ballparks and arenas:
            1. Sign must face event attendees, and not be visible from the public right-of-way.
            2. Sign shall not be illuminated.
         6. Directional sandwich board signs in the Central Business District:
            1. Permitted on sidewalks only during business hours and within the block the business is located;
            2. Shall not extend more than three feet into the sidewalk area while leaving a minimum three-foot-wide open path and not cause visual obstruction for motorists;
            3. Limited to one sandwich board per property;
            4. Limited to 3½ feet in height, two feet in width, and two feet in depth;
            5. Sign shall be freestanding, not attached to any other structure or device;
            6. Shall not be illuminated.
   3. Noncommercial or public service signs. Off-premises, noncommercial signs, or signs referring to the presence of, and meeting times or locations of, not-for-profit community organizations are allowed.
   4. Signs that are not allowed.
      1. Roof signs. No sign is permitted to be placed upon or attached to the roof of a building.
      2. Right-of-way signs and signs on public property. No sign unless erected by, or required by, a government agency or temporarily erected to protect the health and safety of the general public, such as emergency or warning signs, shall be located within or above any public rights-of-way, or on any public property or utility pole. Projecting wall signs and temporary signs complying with other provisions of this chapter are an exception.
      3. Confusing or traffic-interfering signs. Signs which are of a size, shape, color, location, movement, content, or manner of illumination which may be confused with or construed as a traffic control device, or which hide from view any traffic or street sign or signal; or which obstruct the view in any direction at a street or road intersection.
      4. Obscene signs. Signs which contain characters, cartoons, statements, words, or pictures of an obscene character.
      5. Signs advertising discontinued businesses, products, or services or abandoned signs. These signs must be removed or covered within 30 days of the discontinuance.
   5. Conditional uses. Signs that may be allowed only as a conditional use. (Building Permits may also be Required): Dynamic or electronic programmable message signs. Their lighting intensity may not exceed 5,000 nits (cd/m²) and their message may not change more than once every five seconds.
3. Outdoor signs in residential districts.
   1. Signs that do not need a permit. Building permits may still be required. The following signs are allowed in residential districts, as long as they relate exclusively to the parcel upon which they are located:
      1. One address sign facing the curb is required for each residence. It may not exceed 1½ square feet in area.
      2. For each single-family lot, or multiple-family lot containing three or fewer dwelling units, one non-illuminated identification sign, not to exceed 1½ square feet in area, is permitted for each dwelling unit.
      3. For each multiple-family or institutional residential lot containing more than three dwelling units, one identification sign, not to exceed 12 square feet in area, is permitted per street frontage.
      4. Directional signs up to 1½ square feet in area.
      5. Real estate signs up to six square feet in area and informing of the sale or rental of the parcel upon which they are located.
      6. Up to two signs of six square feet or less, announcing a garage, yard, or similar sale, a fundraising event, or open house, provided the sign is up no more than 48 hours prior to the event and removed no later than 24 hours after the event.
      7. Warning signs. Warning signs may not exceed three square feet.
      8. Athletic scoreboards. The following signs, up to 16 square feet, are also allowed in residential districts:
         1. Government signs.
         2. Governmental flags up to three per parcel.
         3. Artwork.
         4. Memorial signs.
         5. Political/noncommercial signs.
         6. Construction signs but only during active construction.
   2. Signs that require a permit. Building permits may also be required. Home occupation signs. A non-illuminated home occupation sign of up to six square feet in area may be permitted.
   No other signs shall be allowed within residential districts.
4. Administration and enforcement. The following general requirements shall apply:
   1. Applications for permits. Applications for a permit shall contain the following information:
      1. Names and addresses of the owners of the display structure and property;
      2. The address at which any signs are to be erected;
      3. The lot, block and addition at which the signs are to be erected and the street on which they are to front;
      4. A complete set of plans showing the necessary elevations, distances, size and details to fully and clearly represent the construction and place of the signs;
      5. Type of sign (i.e., wall sign, monument sign, etc.);
      6. Certification by applicant indicating the application complies with all requirements of this chapter.
         1. The issuing authority shall approve or deny the zoning permit in an expedited manner no more than 60 days, or 120 days total with an extension, from the receipt of the complete application, including applicable fee. All permits not approved or denied within these time limits shall be deemed approved. If the permit is denied, the issuing authority shall prepare a written notice of denial within ten days of its decision, describing the applicant’s appeal rights, and sent by certified mail, return receipt requested, to the applicant.
         2. All signs shall be placed within 90 days of the issuance of the permit, or the permit shall expire and require reapplication. If a permit is denied, the issuing authority shall prepare a written notice within ten days of its decision, describing the applicant’s appeal rights, and send it by certified mail, return receipt requested, to the applicant.
   2. Fees. Zoning permit fees are set by the City of Pine City fee schedule.
   3. Inspection. All signs for which a permit is required shall be subject to inspection once per year by the City to ensure that the signs comply with this code.
   4. Maintenance, repair and removal. All signs shall be maintained by the sign owner. A sign shall be repainted or repaired whenever it begins to fade, chip, or discolor resulting illegibility, missing parts, words, or other dilapidation.
      1. Sign faces shall be removed from the building and property within 30 days after the business use has terminated unless a new owner has been acquired.
      2. If the City finds that any sign is unsafe, a detriment to the public, or not constructed, erected, or maintained according to this code, the sign owner shall be notified of the violation in writing.
      3. If the sign owner fails to comply with this code within ten days after notification, the City staff shall order its removal.
         1. Recovery of costs. The owner of the sign shall be personally liable for the costs to the City for removal, including legal and administrative costs. As soon as the work has been completed and the costs determined, the City shall prepare a bill for the cost and mail it to the owner. The amount shall be immediately due and payable at the Pine City Hall. The City may recover, by civil action against the owner, all costs and expenditures, including attorney’s fees, incurred by the City in removing the sign.
         2. Assessment. If the City is not fully reimbursed for all its reasonable costs incurred in the removal of a sign, it may be assessed in the manner of a special assessment under Minn. Stats. Ch. 429 against the lot or property to which the costs, charges, and fees are attributed. The City Council shall certify the assessment to the Pine County Auditor for collection along with the real estate taxes for the following year or in annual installments, not exceeding three years, as the City Council may determine in each case.
5. Violations and revocation of permit.
   1. Violation of this section is a misdemeanor. Each day that the violation continues is a separate offense.
   2. The City staff shall advise the City Council of any violation of this code and the Council is hereby authorized to revoke a zoning permit upon failure of the holder to comply with any provision of this code. The owner of the sign shall appeal the action to the City within 15 days after the revocation. The City Council shall hold a hearing to consider all facts presented and may affirm or overturn its decision.
6. Penalties. In addition to civil remedies as provided in this Code, violations of this chapter shall constitute a petty misdemeanor punishable as provided under Minnesota State statutes. Each day of violation shall be considered a separate violation. Any owner who has been cited and convicted under this chapter for an event occurring within two years of subsequent violation shall be subject to a penalty of a misdemeanor as provided under State statute.
7. Nonconforming signs. Certain signs existing at the time of the enactment of this code and not conforming to this code are considered to be existing nonconforming signs. Nonconforming signs, when structurally altered, relocated, replaced shall comply with this sign code.
8. Retroactive effect. This chapter shall apply to all sign applications applied for and/or pending prior to its enactment.
9. Substitution and severability. The owner of any sign which is otherwise allowed by this chapter may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.

(Prior Code, §§ 10.500.305--10.500.0326, 10.500.0340--10.500.0392; Ord. No. 19-07, 6-20-2019)

1. Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures, and uses will be operated and maintained. The zoning ordinance 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 nonconforming buildings, structures and uses are not permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.
2. Continuation. All structures or uses lawfully existing upon the effective date of this Code 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.
3. Essential repairs. Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Zoning Commissioner, providing the necessary repairs shall not constitute more than 50 percent of fair market value of such structure. The value shall be determined by the County Assessor.
4. Moving of structure. No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel, land upon which the same was constructed or was conducted at the time of this Code adoption unless such movement shall bring the nonconformance into compliance with the requirements of this chapter.
5. Change to conforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
6. Other changes. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
7. Destruction. If at any time a nonconforming building, structure or use shall be destroyed to the extent of more than 50 percent of its fair market value, said value to be determined by the County Assessor, then without further action by the Council, and if no building permit has been applied for within 180 days of when the property is damaged, the building and the land on which the building was located or maintained shall, from and after the date of the destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than 50 percent of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Zoning Administrator.
8. Discontinued use. Whenever a lawful nonconforming use of a structure or land is discontinued for a period of one year, following written notice from an authorized agent of the City, any future use of the structure or land shall be made to conform to the provisions of this chapter.
9. Normal maintenance. Normal maintenance of a building or other lawful nonconforming use shall be permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
10. Alterations. Alterations may be made to a building or other lawful nonconforming residential units as a conditional use when the alterations will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building or increase the nonconformity.
11. Completion of current construction. Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this Code, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of the ordinance from which this chapter is derived. Such structure and use shall thereafter be a legally nonconforming structure and use.
12. Change of tenancy or ownership. There may be a change of tenancy, ownership, or management of an existing nonconforming building, structure and use, provided that there is no change in the nature or character, extent, or intensity of such nonconforming building, structure and use.

(Prior Code, § 10.500.0400)

State law reference—Nonconformities, Minn. Stats. § 462.357, Subd. 1e.

1. Purpose and intent. It is the intent of this chapter to protect the health, safety, general welfare and morals of the residents of Pine City, to preserve the quality of family life, to preserve the community characteristics of its neighborhoods and to prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods. Being mindful of the effects of sexually oriented land uses upon minors and the criminal activity and disruption of public peace associated with such establishments, while also giving due consideration to civil rights of persons partaking in such entertainment, it is the intent of this section to regulate the location of such sexually oriented land uses. By the enactment of this chapter, the City Council of the City of Pine City does not intend to give any explicit, implicit or tacit approval or condone any activity relating to sexually oriented land uses.
2. Sexually oriented land uses as a principle use. No principal uses of this nature shall be permitted as a matter of right in any of the Districts. In TI-1 and TI-2, sexually oriented land uses shall be considered as a conditional use; such uses shall be special exceptions.
3. Special exceptions. The following uses are special exceptions and, therefore, require a Conditional Use Permit:
   1. Adult bath houses.
   2. Adult body painting studios.
   3. Adult bookstores.
   4. Adult cabarets.
   5. Adult massage parlors.
   6. Adult mini-motion picture theaters.
   7. Adult modeling studios.
   8. Adult motion picture theater.
   9. Adult motion picture theater--outdoor.
   10. Adult novelty shops.
   11. Adult video stores.
4. Finding of fact for conditional use. The Planning Commission shall prepare a finding of fact to ensure that all aspects are addressed in granting a conditional use as well as:
   1. That all the standards and requirements in this chapter will be met by the proposed use.
   2. That the proposed use will not be a detriment to the public welfare.
   3. That the proposed zoning is consistent with the general intent of any comprehensive plan in existence.
   4. That the existing streets and utility services are adequate for the proposed use.
   5. That the proposed use will in no substantial way contribute to the deterioration of the surrounding neighborhood.
   6. That the presence of the proposed use will not have a harmful influence on children residing in or frequenting the area.
5. Standards for sexually oriented land uses. In addition to all other applicable requirements of this chapter, all sexually oriented land uses shall meet the following standards:
   1. Adequate parking shall be provided in a lighted area.
   2. There shall be no display windows on the premises.
   3. In the case of adult cabarets, the hours of operation for such establishments shall be limited to the same hours of operations for bars and taverns within the City of Pine City.
   4. In the case of outdoor adult motion picture theaters, the establishment shall confine its hours of operation to those hours of operation established for bars and taverns within the City of Pine City. Outdoor adult motion picture theaters shall also have the viewing screen located in such a fashion as to not be visible from any road, street or highway or residence and the premises shall be surrounded by solid fencing at least eight feet in height.
   5. Prior to the establishment of such a business, an inventory of the surrounding area and population shall be made along with a study of the proposed development and plans for the area so as to enable the Planning Commission to make appropriate findings relative to the effect of the establishment of such a use in that area.
   6. The owner of the parcel upon which the adult entertainment use is to be established and the operator of the establishment and owner of the establishment shall appear in person before the Planning Commission.
   7. In the event of noncompliance with any conditions imposed on the adult entertainment conditional use, the Special Exception Permit may be revoked.
   Additional development requirements of this use are found in PCC 13.108.
6. Conditions. See PCC 13.108.

(Prior Code, §§ 10.500.0505, 10.500.0520--10.500.0560)

State law reference—Conditional uses Minn. Stats. § 462.3595.