Subd. 1.   Scope. The use of all land and every building or portion of a building erected, altered in respect to height and area, added to or relocated, and every use within a building or use accessory thereto in the city shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use or properties not in conformity with the regulations in this chapter shall be regarded as non-conforming, but may be continued, extended or changed, subject to the special regulations provided in this chapter with respect to non-conforming properties or uses.

Subd. 2.   Interpretation. In interpreting and applying the provisions of this chapter, the regulations shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any other regulation, the provisions of this chapter shall be controlling. Where the provisions of any other regulation impose greater restrictions than this chapter, the more restrictive provision shall be controlling.

Subd. 3.   Private Agreements. This chapter does not abrogate any easement, covenant, or any other private agreement where such is legally enforceable but which shall not be enforced by the City; provided, that where the regulations of this chapter are more restrictive, or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall be controlling. (Ordinance 13-02, Adopted May 14, 2013)

Subd. 4.   Authority. This Chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.363.

Subd. 1.   Rules of Word Construction. For the purposes of this Chapter, certain terms of words used herein shall be interpreted as follows:

   A.   The word “person” includes an owner or representative of the owner, firm, association, organization, partnership, trust, company or corporation as well as an individual.

   B.   The word “building” shall include the word “structure”, the word “lot” shall include the word “plot”, “piece”, or “parcel”.

   C.   The present tense includes the future tense.

   D.   The word “shall” is mandatory; the word “may” is permissive.

   E.   The singular number includes the plural, and the plural the singular.

   F.   All measured distances expressed in feet shall be to the nearest tenth of a foot.

   G.   When calculating parking stall requirements, arty fraction of a number shall constitute an additional parking space.

   H.   When calculating residential density, any fraction of a number shall not constitute an additional dwelling unit.

   I.   For terminology not defined in this Section, the most current Webster's dictionary shall be used to define such terms.

Subd. 2.   Definitions. The following words and terms, wherever occur in this Chapter, shall be interpreted as herein defined:

Accessory Building. A subordinate building which is located on the same lot or parcel as the main building and the use of which is clearly incidental to those of the Main use.

Accessory Use. A use subordinate to the main use on a lot and used for purposes customarily incidental to those of the main use.

Alley. Any public space or thoroughfare less than sixteen (16) feet, but not less than ten feet in width which has been dedicated or deeded to the public for public use and designed to provide secondary property access.

Allowable Use. A use which may be lawfully established in a particular district provided it conforms with all requirements, regulations, and performance standards of said district.

Antenna. Commercial, public, or private broadcasting towers exceeding 100% (or two times) of the district height limitations.

Apartment. A portion of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit.

Apartment Building. Three (3) or more dwelling units or apartments grouped in one building, with each unit sharing a common area for ingress and egress.

Automobile Laundry (Car Wash). A building, or portion thereof, containing facilities for washing two or more automobiles, using mechanical devices.

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. Installation, including cellular telephones, audio systems, and minor repairs, upholstering, replacement of parts (tires, glass, etc.) and minor motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not including any operation specified under “Automobile Repair-Major”.

Automobile Wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, or wrecked vehicles or their parts. (See Junk Yard)

Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this section).

Brew on Premises. A facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Alcoholic beverages may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license. Customers using the brew on premises store must be of the minimum age required to purchase intoxicating liquor. Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use. (Ordinance 15-02, adopted February 24, 2015)

Brewery. A facility that produces beer, ale or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. (Ordinance 15-02, adopted February 24, 2015)

Brewery, Small. A brewery that produces not more than twenty thousand (20,000) barrels of malt liquor in a calendar year as regulated by Minnesota Statues, as may be amended. (Ordinance 15-02, adopted February 24, 2015)

Brewpub. A small brewery with a restaurant use operated on the same premises as the brewery. (Ordinance 15-02, adopted February 24, 2015)

Buffer. The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from the vision of another use or property.

Buildable Area. The space remaining on a lot after the minimum setback and open space requirements of this Chapter have been met and excluding easements.

Building. Any structure having a roof and built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind, and includes any structure.

Building Height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

   a.   The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade.

   b.   An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in Item a above is more than ten (10) feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

Building Line. An imaginary line separating buildable area and required yards.

Building Line Setback. The minimum horizontal distance between the building and the lot line.

   a.   Adult-Use Cannabis Product. As defined under Minnesota Statutes, section 342.01, subd. 4.

   b.   Cannabis Cultivation. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.

   c.   Cannabis Manufacturer. A cannabis business that makes cannabis and/or hemp concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles, and/or hemp-derived consumer products, and sells cannabis concentrate, hemp concentrate, artificially derived cannabinoids, cannabis products, lower-potency hemp edibles, hemp-derived consumer products to other cannabis businesses pursuant to Minnesota Statute sections 342.26 and 342.31.

   d.   Cannabis Mezzobusiness. A cannabis business that grows cannabis plants from seed or immature plant to mature plant, harvests the cannabis flower from a mature plant, makes cannabis and/or hemp concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles, and/or hemp-derived consumer products, and sells immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to other cannabis businesses and to consumers pursuant to Minnesota Statute section 342.29.

   e.   Cannabis Microbusiness. A cannabis business that grows cannabis plants from seed or immature plant to mature plant, harvests the cannabis flower from a mature plant, makes cannabis and/or hemp concentrate, manufactures artificially derived cannabinoids, adult-use cannabis products, lower-potency hemp edibles, and/or hemp-derived consumer products, and sells immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to other cannabis businesses and to consumers, including on-site consumption, pursuant to Minnesota Statute section 342.28.

   f.   Cannabis Testing Facility. A cannabis business that obtains and tests immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, and industrial hemp growers pursuant to Minnesota Statute sections 342.37 and 342.38.

   g.   Cannabis Retail Businesses. A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers.

   h.    Cannabis Retailer. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.

   i.   Cannabis Wholesaler. A cannabis business that sells immature cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers pursuant to Minnesota Statute sections 342.33 and 342.34.

   j.    Daycare. A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a twenty-four (24) hour day.

   k.   Hemp Business. A business licensed by the Office of Cannabis Management (OCM) as defined by Minnesota Statute section 342.01, subd. 34.

   l.   Lower-Potency Hemp Edible Manufacturer. A hemp business that makes hemp concentrate, manufactures artificially derived cannabinoids lower-potency hemp edibles, and/or hemp-derived consumer products, and sells hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products to other cannabis businesses and hemp businesses pursuant to Minnesota Statute section 342.45.

   m.   Lower-Potency Hemp Edible Retailer. A hemp business that sells lower-potency hemp edibles to customers, including on-site consumption, pursuant to Minnesota Statute section 342.46.

   n.   Lower Potency Hemp Edible. As defined under Minnesota Statutes, section 342.01, subd. 50.

   o.   Office of Cannabis Management. State of Minnesota Office of Cannabis Management, as may be referred to as "OCM" in reference to this title.

   p.   Place of Public Accommodation. A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.

   q.   Preliminary License Approval. Office of Cannabis Management pre-approval for a cannabis business license for applicants who qualify under Minnesota Statutes, section 342.17.

   r.   Public Place. A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.

   s.   Residential Treatment Facility. As defined under Minnesota Statutes, section 245.462, subd. 23.

   t.   Retail Registration. An approved registration issued by Wright County to a cannabis retail business.

   u.   School. A public school as defined under Minnesota Statutes, section 120A.05 or a nonpublic school that complies with the reporting requirements under Minnesota Statute, section 120A.24.

   v.    State License. An approved license issued by the Office of Cannabis Management to a cannabis retail business. (Ordinance 2025-01, adopted January 14, 2025)

Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.

Cemetery. A site or property set apart for the burial or interment of the dead.

Church. A building wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.

Comprehensive Plan. A comprehensive plan prepared and approved by the City, including a compilation of policy statements, goals, standards, fiscal guidelines, and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the City, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Concept Plan. A report in map and text form submitted as the first phase of a Planned Unit Development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationships between site elements and between the proposed development and surrounding development, proposed general schedule of development, and information on the developer.

Condominium. A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes, Section 515.A.1-101 to 515.A.4-115.

Day Care Facility. Any facility licensed by the State Department of Public Welfare, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home. Day care facilities include but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, day-time activity centers, day treatment programs and day services, as defined by Minnesota State Statutes, Section 245. 782.5.

Density, Residential. A number expressing the relationship of the number of dwellings to an acre of land as established in the Comprehensive Plan.

Distillery. A facility that produces ethyl alcohol, hydrated oxide of ethyl, sprits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof for non-industrial use. (Ordinance 15-02, adopted February 24, 2015)

District. Sections of the City for which the regulations governing the height, area, use of building and premises are the same.

Dog Kennel. Any premises where three or more dogs, over six months of age, are owned, boarded, bred, or offered for sale.

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, boarding houses, or manufactured housing.

Dwelling, Multiple (Apartment). A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but sharing hallways and main entrances and exits. A two-family dwelling (duplex) with a separate rooming unit(s) shall be considered and classified as a multiple family dwelling.

Dwelling, Single-Family. A dwelling unit designed exclusively for occupancy by one (1) family.

   a.   Attached: A dwelling which is joined to another at one or more sides by a party wall.

   b.   Detached: A dwelling unit not attached to another dwelling or structure or is entirely surrounding by open space.

Dwelling, Two-Family. A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. A two-family dwelling (duplex) with a separate rooming unit(s) shall be considered and classified as a multi-family dwelling.

   a.   Double Bungalow: A two-family dwelling with two (2) units side-by-side.

   b.   Duplex: A two-family dwelling unit with one (1) unit above the other.

Dwelling Site. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

Dwelling Unit. A residential building or portion thereof intended for occupancy by one (1) or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, resorts, tourist homes, or trailers.

Dwelling Unit Occupancy. Occupancy of a dwelling unit for the purpose of enforcing provisions of this Chapter shall be limited by restrictions as included in the definition of family in this Section.

Dwelling Unit, Temporary. A residence allowed for a specific time which is intended for occupancy by one (1) or more persons with facilities for living, sleeping, cooking and eating. Temporary dwelling units shall not include garages, tents, or accessory buildings.

Essential Services. Overhead or underground electrical, gas, steam or water transmission or distribution systems, collection, communication, supply or disposal systems used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety, or general welfare, including towers, poles, wires, substations, mains, drains, sewers, pipes, conduits, cables, reservoirs, wells, elevated tanks, fire alarm boxes, police call boxes, and other similar equipment and accessories in connection therewith, but not including buildings, except those buildings that are an integral part of the essential service.

Family. An individual or two (2) or more persons related by blood, marriage, adoption or a group of not more than five (5) persons who need not be related by blood or marriage living together in a dwelling unit.

Farm Winery. A winery operated by the owner of a Minnesota farm producing table, sparkling or fortified wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients produced on the premises. (Ordinance 15-02, adopted February 24, 2015)

Fence. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure and located along the boundary or within the required lot area.

   a.   Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

   b.   Basement. Any area of a structure, including crawl spaces, having its floor or base sub-grade (belowground level) on all four sides, regardless of the depth of excavation below ground level.

   c.   Conditional Use. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon finding that: (1) Certain conditions as detailed in the Zoning Ordinance exist and (2) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

   d.   Equal Degree of Encroachment. A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

   e.   Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

   f.   Flood Frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

   g.   Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for the City.

   h.   Flood Plain. The beds proper and the areas adjoining a wetland, watercourse or lake which have been or hereafter maybe covered by the regional flood.

   i.   Flood-Proofing. A combination of structural provisions, adjustments or changes to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

   j.   Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.

   k.   Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

   l.   Principal Use or Structure. Means all uses or structures that are not accessory uses or structures.

   m.   Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influence by a natural or man-made obstruction. In an urban area, the segment or a stream or river between two consecutive bridge crossings would most typically constitute a reach.

   n.   Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional flood is synonymous with the term “base flood” used in the Flood Insurance Study.

   o.   Regulatory Flood Protection Elevation. A point not less than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

   p.   Structure. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 1001.23 and other similar items.

   q.   Variance. A modification of a specific permitted development standard required in an official control including this ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation.

Floor Area, Gross. The sum of the gross horizontal areas of all floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space such as activities, to the production or processing of goods, or to business or professional offices. However, the floor area shall not include: basement or cellar floor area other than area devoted to retailing activities, the production or processing of goods, or to .business or professional offices. The floor area of a residence shall not include the cellar area.

Garage, Private (Residential). An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles and non-commercial trucks not exceeding twelve thousand (12,000) pounds gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on unless specifically authorized by this Chapter.

Garage, Public. Any garage other than a private garage. May also mean parking ramp.

Gas Station. See Motor Fuel Station.

Governing Body. The Rockford City Council.

Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.

Group Home. A dwelling principally for boarding; a temporary residence of more than one family combined as one household.

Home Occupation. Any occupation or profession of a service character which is secondary to the main use of the premises and which may generate additional traffic, parking, dust, noise, disturbance, odor, light, risk/safety, excessive use of resources (such as water, etc.); which alters or changes the character of the single family dwelling unit in any manner; exhibits any exterior evidence of the home occupation or any home occupation in which customers or delivery persons in excess call at the single family dwelling.

Hotel (Motel). Any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than three sleeping rooms, with no cooking facilities in an individual room or apartment.

Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks and asphalt, concrete, paver stone and gravel surfaces including sidewalks, patios, storage areas and driveways. (Ordinance 15-02, adopted February 24, 2015)

Junk Yard. An open area where waste, used, or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled; including but not limited to, scrap iron and other materials, paper rags, rubber, tires, lumber, and bottles. A junk yard includes an auto wrecking yard, but does not include uses established entirely within closed buildings nor sanitary land fills.

Land Alteration. The movement of soils by way of grading, filling or excavation.

Land Reclamation. The process of the re-establishment of acceptable topography (i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions appropriate to the subsequent use of the land.

Landscaping. Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.

Loading Space. A space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

Lot. A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.

Lot Area. The total land area within the lot lines.

Lot, Base. Lots meeting all specifications in the zoning district prior to being subdivided into a two-family dwelling, townhome, or quadraminium unit lot subdivision.

Lot, Corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees.

Lot Depth. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear.

Lot, Double Frontage. An interior lot having frontage on two (2) streets.

Lot, Front. The front of a lot shall be considered to be that boundary abutting a public right-of-way having the least width.

Lot Improvement. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

Lot, Interior. A lot, other than a corner lot, including through or double frontage lots.

Lot Lines. The lot boundary limits. When a lot line abuts a street, park or other public property, except an alley, such line shall be known as a street line and when a lot abuts an alley, it shall be known as an alley line.

Lot Line, Rear. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot Line, Side. Any boundary of a lot which is not a front lot line or a rear lot line.

Lot of Record. Any lot which is legally established according to applicable regulations at the time of its creation, which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's outlot or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the Office of the Register of Deeds prior to September 26, 1983.

Lot, Substandard. A lot or parcel of land for which a deed has been recorded in the office of the Wright County Recorder upon or prior to the effective date of this Chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Chapter.

Lot, Through. A lot fronting on two parallel streets.

Lot, Unit. Lots created from the subdivisions of a base lot for two-family dwelling, townhome, or quadraminium dwelling having different minimum lot size requirements than the conventional base lots within the zoning district.

Lots Width. The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum building setback line. If no setback line is established, the distance between the side lot lines measured along the public right-of-way.

Manufactured Home (Mobile Home). A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Manufactured Home Lot. A section of ground in a manufactured home park not less than 5,200 square feet, designated as the location of one housing unit, and all other necessary improvements required by this Section.

Manufactured Home Park. Any park, court, lot, parcel or tract of land, designed, improved, maintained or intended for the purpose of supplying a location for manufactured home units or upon which any manufactured homes are parked. It shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the manufactured home park or not.

Mining. The extraction of sand, gravel, or other material from the land in the amount of fifty cubic yards or more and removal from the site.

Municipal Water and Sewer Systems. Utility systems serving a group of buildings, lots, or an area of the city, with the design and construction of such utility systems as approved by the City Engineer.

Natural Resource Analysis. A report in map and text form identifying the existing natural features of a parcel of land and the relationship of a proposed use to the existing natural conditions of the parcel.

Non-Conforming Structure, Use or Lot - Illegal. A lot, building, structure, premise, or use unlawfully established and in violation of regulations applicable at the time of development or initiation.

Non-Conforming Structure, Use or Lot - Legal. A lot, building, structure, premise, or use lawfully established prior to the adoption of this Chapter or any amendment thereto which does not now conform with the applicable conditions or provisions of this Chapter for the district in which the structure or use is located.

Nursery School. A non-residential facility exclusively providing activities of an educational or enriching nature for six or more children of up to the age of six and licensed by the State of Minnesota.

Nursing Home. A private building with facilities for the care of children, the aged, or the infirm, or a place of rest for those suffering bodily disorders, but not containing equipment for surgical care or for treatment of disease or injury. The nursing home shall be licensed by the State Board of Health as provided for in Minnesota State Statutes.

Occupancy. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Open Space. Any open area not covered by structures, but not limited to the following uses: required or established yard areas, parking areas, sidewalks, school walks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitation for development.

Parcel. An individual lot or tract of land.

Performance Standard. Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings.

Person. A natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforementioned.

Planned Unit Development.14  A zoning district that allows a mixing of buildings and uses can occur which cannot be otherwise addressed under this section and/or whereby internal site design standard deviations from this section may be allowed to improve site design and operation.

Prefabricated Home. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to a foundation on the site.

Railroad Right-of-Way. A strip of land with railway tracks and auxiliary facilities for track operation.

Recreational Vehicle. Includes manufactured homes less than thirty-five (35) feet in overall length, including those with telescope or fold down, chassis, mounted campers, house cars, motor homes, tent trailers, slip-in-campers (those mounted in a pickup truck or similar vehicle), converted buses, and converted vans used primarily for recreational purposes. Cars used for racing shall not be included within this definition.

Residential Care Facility.33 Any program, defined by Minnesota statutes section 245A.02, subdivision 14, that provides twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the commissioner of the department of human services to provide services for five (5) or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four (4) or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the commissioner of the department of human services on July 1, 1987, to provide a program for persons with a physical handicap that is not the result of the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment services under Minnesota statutes 254B. Residential programs include home and community based services for persons with mental retardation or a related condition that are provided in or outside of a person's own home.

Restaurant (Class I) Traditional Restaurant. Food is served to a customer and consumed by him/her while seated at a counter or table. Cafeteria – Food is selected by a customer while going through a line and taken to a table or counter for consumption.

Restaurant (Class II) Fast Food Restaurant. A majority of customers order and are served their food at a counter and take it to a table or counter where it is consumed. However, a significant number may take the food outside to eat in an automobile or off the premises. Drive-In Restaurant – Most customers consume their food in an automobile, regardless of how it is served. Carry Out and Delivery Restaurant – Food is prepared for consumption off the premises only.

School. A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations.

Secondary Use. A use which ordinarily is not essentially a permitted or conditional use within the district; which is within a building containing an allowable use, which is intended primarily for an allowable use, which is intended primarily for the use, convenience, and benefit of the principal use of persons residing, employed, or somehow engaged in activities of the principal use.

Semi-Public Use. Uses owned by private or private non-profit organizations which are open to some, but not all of the public, such as denominational cemeteries, private schools, clubs, lodges, recreational facilities, churches, etc.

Sexually Oriented Uses. Sexually oriented uses include sexually oriented bookstores, sexually oriented motion picture theaters, sexually oriented motion picture sales/rentals, sexually oriented mini-motion picture theaters, sexually oriented massage parlors, sexually oriented steam room/bathhouse/sauna facilities, sexually oriented companionship establishments, sexually oriented rap/conversation parlors, sexually oriented health/sport clubs, sexually oriented cabarets, sexually oriented novelty businesses, sexually oriented motion picture arcades, sexually oriented modeling studios, sexually oriented hotels/motels, sexually oriented body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes §617.241, as may be amended, are not included.

   A.   Specified Anatomical Areas.

      1.   Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   B.   Specified Sexual Activities.

      1.   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

      2.   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

      3.   Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

      4.   Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

      5.   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or

      6.   Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or

      7.   Human excretion, urination, menstruation, vaginal or anal irrigation.

   C.   Sexually Oriented Uses - Accessory. The offering of retail goods for sale which are classified as Sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of Sexually-oriented magazines, the sale and/or rental of Sexually-oriented motion pictures, the sale of Sexually-oriented novelties, and the like.

   D.   Sexually Oriented Uses - Principal. The offering of goods and/or services which are classified as Sexually oriented uses as a primary or sole activity of a business or establishment and include but are not limited to the following:

      1.   Sexually Oriented Use - Body Painting Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas”.

      2.   Sexually Oriented Use - Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.

      3.   Sexually Oriented Use - Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.

      4.   Sexually Oriented Use - Companionship Establishment. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

      5.   Sexually Oriented Use -Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

      6.   Sexually Oriented Use - Escort Service. A business that provides one or more persons to accompany a customer to places and/or activities that occur off-premises of the escort service operation, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

      7.   Sexually Oriented Use - Health/Sport Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

      8.   Sexually Oriented Use - Hotel or Motel. Sexually oriented hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or “specified anatomical areas”.

      9.   Sexually Oriented Use - Massage Parlor. Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

      10.   Sexually Oriented Use – Mini-Motion Picture Theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

      11.   Sexually Oriented Use - Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

      12.   Sexual Oriented Use - Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”.

      13.   Sexually Oriented Use -Motion Picture Theater. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or “specified anatomical areas” for observation by patrons therein.

      14.   Sexually Oriented Use - Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

      15.   Sexually Oriented Use - Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

Sexually Oriented Use - Steam Room/Bathhouse Facility.5  A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.

Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

Bluff. A topographic feature such as a hill, cliff, or embankment having all of the following characteristics. An area with an average slope of less than 18 percent over a distance for fifty (50) feet or more shall not be considered part of the bluff:

   a.   Part of all of the feature is located in a shoreland area.

   b.   The slope rises at least twenty-five (25) feet above the ordinary high water level of the water body.

   c.   The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater.

   d.   The slope must drain toward the water body.

Drainage. The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

Drainageway. Any natural or artificial watercourse, trench, ditch, swale or similar depression into which surface water flows.

Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, storage areas, and concrete, asphalt or gravel driveways.

Shoreland. Land located within the following distances from public waters: one thousand (1000) feet from the ordinary high water level of a lake, pond or flowage and three hundred (300) feet from a river or stream or the landward extent of a floodplain down a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources.

Shoreland Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback.

Watercourse. Any natural or man-made passageway on the surface of the earth so situated and having such a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This term does not include man-made piping systems commonly referred to as storm sewers.

Abandoned Sign. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign.

Awning.28  A roof-like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning.

Awning Sign.28  A building sign or graphic printed on or in some fashion attached directly to the awning material.

Balloon Sign.28  A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter.

Building Sign.28  Any sign attached or supported by any building.

Canopy.28   A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.

Canopy Sign.28  Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs.

Changeable Copy Sign.28   A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include signs upon which characters, letters, or illustrations change or rearrange only once in a 24-hour period.

Commercial Speech.28  Speech advertising a business, profession, commodity, service or entertainment.

Elevation.28  The view of the side, front, or rear of a given structure(s).

Elevation Area.28  The area of all walls that face any lot line.

Erect.29  Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing.

Flag.28  Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.

Flashing Sign.28  A directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling.

Freestanding Sign.28  Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.

Grade.28   Grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation.

Ground Sign.28  Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding eight (8) feet.

Height of Sign.28  The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign.

Illuminated Sign.28  Any sign which contains an element designed to emanate artificial light internally or externally.

Marquee.28  Any permanent roof-like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.

Marquee Sign.28  Any building sign painted, mounted, constructed or attached in any manner, on a marquee.

Non-Commercial Speech.28  Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.

Off-Premises Sign.28  A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign.

Owner.28  In the case of a lot, the legal owner of the lot as officially recorded by the applicable county, and including fee owners, contract for deed purchasers and ground lessees. In the case of a sign, the owner of the sign including any lessees.

Pole Sign.28  See Pylon Sign.

Portable Sign.28  Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign.

Projecting Sign.28  Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface of such building or wall face.

Public Notices.28   Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents.

Public Street Right-of-Way.28  The entire right-of-way of any public street.

Pylon Sign.28  Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open.

Residential District.28  Any district zoned for residential uses.

Roof.28  The exterior surface and its supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code.

Roof Line.28  The upper-most edge of the roof or in the case of an extended facade or parapet, the upper-most height of said facade.

Roof Sign.28  Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Roof Sign, Integral.28  Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.

Rotating Sign.28  A sign or portion of a sign which turns about on an axis.

Shimmering Sign.28  A sign which reflects an oscillating sometimes distorted visual image.

Sign.28  Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes.

Sign Face.28  The surface of the sign upon, against, or through which the message of the sign is exhibited.

Sign Structure.28  Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign.

Sign, Surface Area. The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sing surface. It does not include any structural elements outside of the limits of such sign and not forming an integral part of the display. Only one side of a double-face or V-shaped sign structure shall be used in computing total surface area.

Site.28  A lot or combination of contiguous lots which are intended, designated, and/or approved to function as an integrated unit.

Suspended Sign.28  Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface.

Total Site Signage.28  The maximum permitted combined area of all signs allowed on a specific lot.

Visible.28  Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.

Wall.28   Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane.

Wall Sign.28   Any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface.

Window Sign.28   Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

Significant Tree.13  A healthy tree measuring at least six inches (6”) in diameter for deciduous trees or twelve (12) feet in height for coniferous trees.

Site Plan. A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, and walkways, as related to a proposed development.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, including below ground portions of earth sheltered buildings, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, or unused under floor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twenty (12) feet above grade as defined herein at any point, such basement or unused under floor space shall be considered as a story.

Street. A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through-way, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.

Street-Collector. Collector roadways connect neighborhoods within and between sub-regions and distribute traffic between arterials and local streets. Parking is restricted as necessary and posted speed limits typically range between 30 and 45 mph. Collector streets typically should have two driving lanes, two parking lanes, and a bicycle/pedestrian surface if necessary. Collector streets are typically spaced 0.25-1.0 miles apart. Traffic control typically involves local street stops, four-way stops, and some traffic signals. Collectors typically carry 1,000 - 15,000 vehicles per day.

Street-Local. Local streets provide direct land access within neighborhoods and other homogeneous land use areas and provide connections to collector streets. Parking is usually unrestricted, the posted speed limit is 30 mph or less, and streets are two lanes wide plus space for parking. Traffic control is most likely to involve strategies such as stop signs, cul-de-sacs, and diverters. Local streets typically carry about 1,000 vehicles or less per day. Residential streets typically carry about ten (10) trips per household per day.

Street-Minor Arterial. Minor arterials connect adjacent sub-regions and activity centers within sub-regions. Land access is usually restricted and trips are somewhat longer than on collector streets. Parking is often restricted and the posted speed limit is 35-45 mph. Width is dependent on the volume carried. Minor arterials are typically spaced 0.5 - 2.0 miles apart. Traffic control typically includes traffic signal timing and land access spacing. Typical traffic volumes range from 5,000 to 30,000 ADT.

Street-Intermediate Arterial. Intermediate arterials function at a level between the minor arterial and major arterial categories. Intermediate arterials are not limited access facilities but serve primarily trips between rather than within sub-regions.

Street Pavement. The wearing or exposed surface of a street or roadway used by vehicular traffic.

Street-Principal (Major, Arterial). Major arterials provide a high level of mobility between sub-regions, serving medium to long distance trips. Principal arterials are grade separated or have high capacity controlled at-grade intersections. No parking is permitted, the posted speed limit is typically 40-55 mph and traffic volumes range from 10,000 to 50,000 ADT. Major arterials are typically spaced one to three miles apart.

Street Width. The shortest distance between the lines delineating the right-of-way of a street.

Structure. Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include buildings, manufactured homes, walls, fences, swimming pools, billboards and poster panels.

Townhouses. Structure housing three (3) or more dwelling units contiguous to each other only by the sharing of one (1) common wall, such structures to be of the town or row houses type as contrasted to multiple apartment structures.

Tree Protection.13  Snow fencing or polyethylene laminar safety netting placed at the drip-line of the significant trees to be preserved. Tree protection measures shall remain in place until all grading and construction activity is terminated.

Undue Hardship.33 The same as that term is defined in Minnesota statutes chapter 462.357, as may be amended, meaning that the property in question cannot be put to a reasonable use if used under the conditions allowed by the Zoning Ordinance.

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 performance standards of this Chapter.

Variance.33  A modification of the provisions of the Zoning Ordinance consistent with Minnesota statutes chapter 462.357, as applied to a specific property and granted pursuant to the standards and procedures established by the Zoning Ordinance.

Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and main building shall be used.

Yard, Depth of. The mean horizontal distance between the line of a building and the street or alley right-of-way where one exists; otherwise, a lot line.

Yard, Front. A yard extending across any street frontage of a lot between the side lot lines and being the minimum horizontal distance between any street line and main building or any projections thereof other than the projections of the usual steps, entrance-way, unenclosed balconies, or open porch.

Yard. Rear. A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, Required. That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably.

Yard, Side. A yard between the principal building and the side line of the lot extending from the front lot line of the lot to the rear yard.

Yard Waste Compost Facility. A site used to compost yard waste materials, including all structures or processing equipment used to control drainage; collect and treat leachate; and storage areas for the incoming waste, the final product, and residuals resulting from the composing process.

Yard Waste Materials. Garden wastes, leaves, lawn cuttings, weeds and pruning generated by residential or commercial properties.

Zoning Administrator. The duly appointed officer charged with the administration and enforcement of this Chapter.

Zoning District. An area or areas of the City (as delineated on the Zoning Map) set aside for specific uses with specific regulations and provisions for use and development as defined by this Chapter.

Zoning District Overlay. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.

Zoning District Underlying (Base). All zoning districts except overlay zoning districts.

Zoning Map. The map or maps incorporated into this Chapter as part thereof, designating the zoning districts.

Subd. 1.   Administrative Procedure. All proposed developments shall conform with the provisions of this subdivision when requesting platting, rezoning, or site plan approval.

   A.   Upon application for rezoning and platting of a parcel of land, the petitioner shall present a general development plan. This plan shall be a conceptual rendering only and shall not require the fine detail of a site plan. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet and showing the following:

      1.   The proposed site with showing existing development on adjacent properties within two hundred (200) feet.

      2.   General location of proposed structures.

      3.   Tentative street arrangements, both public and private.

      4.   Amenities to be provided such as recreational areas, open space, walkways, etc.

      5.   Tentative plat showing proposed streets and parks in relationship to the proposed development.

      6.   General location of parking areas.

      7.   Proposals for availability of public sanitary sewer, water, and storm drainage.

   B.   A public hearing as required in this Chapter shall be scheduled before the Planning Commission. Following the public hearing, the Planning Commission shall make recommendation to the Council.

   C.   The Council shall then consider the rezoning request.

   D.   If the zoning change is approved, the general development plan shall be attached to and is a part of the chapter establishing the zoning change.

   E.   Thereafter, changes in the general development plan will not be allowed without review by the Planning commission and approval by the council.

   F.   Before building permits are issued, a site plan shall be reviewed by the Planning Commission and approved by the Council.

   G.   The site plan shall be based upon an accurate certified survey; shall be prepared by or under the supervision of an architect and/or engineer registered in the State of Minnesota, and shall contain the following information: site plans shall be approved if they show conformity to this code, the comprehensive plan and all other application regulations.

      1.   Complete details of the proposed site development including, but not limited to, identification signs, location of buildings, streets, driveways, parking spaces, dimensions of the lot, lot area and yard dimensions.

      2.13   Complete landscaping plans reflecting all information and standards set forth, including species and showing planting size and mature size of trees and shrubs proposed. For significant trees to be saved, location, species, diameter, and tree protection methods must be identified on the landscape plan.

      3.   Plans and specifications for fences, walls, and other buffers as required herein.

      4.   Complete plans for proposed sidewalks or walkways to service parking, recreation and service areas within the proposed development.

      5.   Complete plans and specifications for exterior wall finishes proposed for all principal and accessory buildings.

      6.   Complete plans for storage areas for waste and garbage.

      7.   Complete utility plans and fire protection plans.

   H.   Properties in the City presently zoned in the R-2, RM, or any of the non-residential districts which are not presently developed shall be required to follow the site plan review procedures of Paragraph 7 above before the development shall occur. All general development plans and/or site plans which have been approved by Council action shall comply with all applicable regulations which are in effect at the time a building permit is applied for, provided that within six months of the date of said general development plan or site plan approval or a development contract, a building permit has been executed. If not executed within six months, the City regulation in effect at the time of the approval of said site plan or general development plan or development contract shall apply. Developments which require and which have received site plan approval by the Council, but for which no building permits have been applied for and issued within one year of council approval shall be considered null and void and shall be subject to the site plan re-approval requirements of this section; provided that within one year of the original Council approval, the original petitioner may request in writing an extension of not more than six months.

   J.   Proposed minor structural additions involving 10% or less of the total existing floor area which meet all requirements may be approved by the zoning administrator prior to a building permit being issued and shall not require Planning Commission or Council action.

   L.   On development proposals requiring site plan review pursuant to this section, the Council, upon the recommendation of the Planning Commission, shall act as the Board of Zoning Appeals and adjustments with respect to variances from this chapter proposed by the site plan in accordance with the findings in this section.

   M.   Fees for plat approval and lot division are set forth in Chapter 212. Applications for the foregoing must be accompanied by the fee.

   N.   Whenever a variance, conditional use permit, rezoning and/or preliminary plat application has been considered and denied by the City Council and/or Planning and Zoning Commission, a similar application and proposal for variance, conditional use permit, rezoning, and/or preliminary plat affecting the same property shall not be considered again by the Planning and Zoning Commission or City Council for at least six (6) months from the date of its denial, except as follows:

      1.   If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous application have changed significantly.

      2.   If the City Council/Planning and Zoning Commission determines that the circumstances surrounding a previous application have changed significantly.

      3.6   Application to reconsider a similar application previously denied by the City Council or Planning and Zoning Commission within one (1) year from the date of denial shall require a four-fifths (4/5s) vote of the City Council or Planning and Zoning Commission.

Subd. 2.   Zoning Administrator. The office of Zoning Administrator is hereby established. The Council may appoint as many persons as it deems necessary to carry out the duties of the office, which duties shall include the following:

   A.   Issue certificates of occupancy and maintain records thereof.

   B.   Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this chapter.

   C.   Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it.

   D.   Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions, alterations; order discontinuance of illegal work being done, or take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions, including all maps, amendments, conditional uses and variances.

   E.   Maintain permanent and current records of the zoning ordinance, including all maps, amendments, conditional uses and variances.

   F.   Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance, or removal for such -time as necessary to insure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.

   G.   Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustment and Appeals.

   H.   Submit each month to the Planning Commission an itemized summary of certificates and permits granted and other significant activity of the preceding month.

   I.   Receive, file, and forward to the Board of Zoning Adjustment and Appeals or Planning Commission all applications for conditional use permits, variances, amendments or development plans as required herein.

   Subd. 3.    Board of Zoning Adjustment and Appeals.

   A.   Creation and Membership. A Board of Zoning Adjustment and Appeals is hereby established and vested with such administrative authority as is hereinafter provided. The Planning and Zoning Commission shall serve as the Board of Zoning Adjustment and Appeals.

   B.   Powers. The Board shall have power to hear appeals from administrative determinations and questions of doubt concerning the exact location of district boundary lines, to hear appeals of administrative determinations from and to grant adjustment in and exceptions to any of the provisions of this chapter, except those adjustments and exceptions governed by Council determination, to the extent of the following, and no further:

      1.   To consider applications for variance and modifications in any of the provisions of this chapter relating to:

         a.   Height, yard, area, and lot width and depth regulations.

         b.   Sign regulations providing that no such variance may be granted contrary to the requirements of the Minnesota Outdoor advertising Control Act and provided further that no variances shall be granted to permit signs in districts or locations where such signs are prohibited.

         c.   Parking and loading regulations.

         d.   Fence regulations.

         e.   Minimum floor area requirements.

         f.   District boundary lines for special protection districts provided the purpose and intent of the districts are maintained and the provisions of this chapter are given due consideration.

      2.   The decision of the Board shall be final subject only to the right of an applicant to appeal such decisions to the Council. Notice of such appeal must be filed with the zoning administrator within a period of twenty days from and after a copy of the board's order has been mailed to the applicant at the address furnished by the applicant in the application.

   A.   Review Criteria. The board of adjustment shall not approve any variance request unless they find failure to grant the variance will result in undue hardship on the applicant, and, as may be applicable, all of the following criteria have been met:

      1.   That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

      2.    That the conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.

      3.    That the purpose of the variance is not based exclusively upon a financial hardship, or a desire to increase the value or income potential of the parcel of land.

      4.    That the alleged hardship is caused by the provisions of the Zoning Ordinance and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship.

      5.    That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.

      6.    That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety.

      7.    That the requested variance is the minimum action required to eliminate the hardship.

      8.    Does not involve a use which is not allowed within the respective zoning district.

   B.   Procedure. Application for the adjustment permissible under the provisions of this section shall be made to the Zoning Administrator, in the form of a written application. An application for an adjustment shall be accompanied by payment of a fee, as established within this Section. Upon receipt of any application, such officer shall set a time and place for a hearing before the board on such application. At least ten days before the date of the hearing, a notice of the hearing shall be mailed to the applicant and to all property owners within 350 feet of the affected property and to other persons who, in the judgment of the Zoning Administrator, may be affected by a decision of the Board; although failure of such owners to receive notice shall not invalidate the proceedings. Notice of the purpose, time, and place of such public hearing shall be published in the City's official newspaper at least ten (10) days prior to the date of the hearing.

   C.   Conditions of Approval. In granting any adjustment or variance under the provisions of this subdivision, the Board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provision to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience, and general welfare.

Subd. 5.   Conditional Uses. The council may, by resolution, grant conditional use permits when such permits are authorized by resolution, grant conditional use permits when such permits are authorized by other sections of this chapter and may impose conditions and safeguards in such permits to protect the health, safety, and welfare of the community and assure harmony with the comprehensive plan of the city.

   A.   Application. An application for a conditional use permit shall be made by the owners(s) of the property and shall be filed with the Zoning Administrator. All applications shall be accompanied by an administrative fee as prescribed by this Chapter and shall include the following information:

      1.   A description of the proposed use.

      2.   A legal description of the property including plat and parcel number.

      3.   A complete site plan, as described in Section 1001.03, provided that in the case of home occupations, an accurate drawing of the lot may be used.

      4.   A map showing the property in question and all property within 350 feet of the boundaries of the property in question.

      5.   The names and addresses of the owners of record of all property within 350 feet of the boundaries of the property in question as the same appears on the records of the County Auditor.

      6.   Any other information required by the Zoning Administrator, Planning Commission, or Council.

   B.   Referral to the Planning Commission. Before any conditional use permit may be granted, the application shall be referred to the Planning Commission for study concerning the effect of the proposed use on the Comprehensive Plan and the character and development of the neighborhood, and for its recommendation to the Council for the granting of such conditional use permit and the conditions thereof, if any, for the denial of such conditional use permit.

The Planning Commission shall hold a public hearing on the proposal to issue a conditional use permit in the manner provided in this Chapter. Following the Planning commission review/hearing, the Planning Commission shall make a report upon the proposal to the Council and shall recommend to the Council whatever action it deems advisable. (Subd. 03 amended by Ordinance 86-4, passed March 25, 1986.)

   C.   Issuance. Upon receipt of the report of the Planning Commission, the Council may hold a public hearing in the manner provided in this Chapter. In considering applications for conditional use permits under this chapter, the Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands, including, but not limited to, factors of noise, glare, odors, existing and anticipated traffic conditions, including parking facilities, on adjacent streets, the effect on values of property in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. The Council shall also consider whether the applicant has complied and is likely to comply in the future, with any additional standards pertinent to the proposed use as set out in other sections of this and any other chapter of this code. If detrimental to the health, safety or general welfare of the community and that the same is in harmony with the general purpose and intent of this chapter and the comprehensive plan, the Council may grant such permits and may impose conditions and safeguards therein. The Zoning Administrator shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigating.

   The Council may, by resolution, deny a conditional use permit and include the findings and reasons for denial in the resolution. If the Planning Commission recommends denial of a conditional use permit, the findings and reasons shall be set forth in their written report to the Council. (Subd. 04 amended by Ordinance 86-4, passed March 25, 1986.)

   D.   Standards. The Planning Commission shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds that such use meets at least the following standards at the proposed location:

      1.   Will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city.

      2.   Will be harmonious with general and applicable specific objectives of the Comprehensive Plan of the City and this chapter.

      3.   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.

      4.   Will not be hazardous or disturbing to existing or future neighboring uses.

      5.   Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.

      6.   Will not create excessive additional requirements at public cost for public facilities anal services and will not be detrimental to the economic welfare of the community.

      7.   Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.

      8.   Will have vehicular approaches to the property which are not so designed to create traffic congestion or an interference with traffic on surrounding public thoroughfares.

      9.   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

      10.   Will conform to specific standards of this chapter applicable to the particular use.

   E.   Conditions. In recommending or approving any conditional use permit, the Planning Commission and Council may impose conditions which it considers necessary to meet the standards of this chapter and to protect the best interests of the City. These conditions may include; but are not limited to the following:

      1.   Ingress and egress to property and proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

      2.   Off-street parking and loading areas where required, with particular attention to the items listed above, and the economic, noise, glare, or odor effects of the conditional use on nearby property.

      3.   Refuse and service areas, with particular reference to the items (A) and (B) above.

      4.   Utilities, with reference to location, availability, and compatibility.

      5.   Diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property.

      6.   Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

      7.   Required yards and other open space.

      8.   General compatibility with adjacent and other property in the district.

   F.33   Expiration:

      1.   Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits that have been issued shall expire without further action by the City Council, unless the applicant commences the authorized use within twelve (12) months of the date the conditional use permit is issued unless before the expiration of the twelve (12) month period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by the City Code. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding twelve (12) months shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than twelve (12) months be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

      2.   Any use allowed by a conditional user may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this chapter, unless the use is discontinued for a period of more than eighteen months; After a period of non-use of eighteen months, the conditional use permit shall be deemed to be expired and void. Reestablishment of the use shall be applied for and as provided for by this Section for issuance of a conditional use permit and shall comply with all applicable provisions of the Zoning Ordinance.

   G.33   Revocation: The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of the Zoning Ordinance, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to this Section. The Zoning Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.

   A.   Purpose and Intent. The purpose and intent of allowing interim uses is:

      1.   To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

      2.   To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

      3.   To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

   B.   Procedure.

   1.   Existing Uses: Uses defined as interim uses which presently exist as a legal use or a legal nonconforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses.

      2.   New Uses: Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Subd. 05 of this Chapter.

   C.   General Standards. An interim use shall comply with the following:

      1.   Existing Uses: Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future.

      2.   New Uses:

         a.   Meets the standards of a conditional use permit set forth in Subd. 05.D of this chapter.

         b.   Conforms to the applicable performance standards of this Chapter.

         c.   The use is allowed as an interim use in the respective zoning district.

         d.   The date or event that will terminate the use can be identified with certainty.

         e.   The use will not impose additional costs on the public if it is necessary for the public to take the property in the future.

         f.   The user agrees to any conditions that the City Council deems appropriate for permission of the use.

   D.   Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs:

      1.   The date stated in the permit.

      2.   Upon violation of conditions under which the permit was issued.

      3.   Upon change in the City's zoning regulations which renders the use non-conforming.

      4.   The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

   A.   Procedure. This code may be amended whenever the public necessity and convenience and the general welfare require such amendment by following the procedure specified as follows:

      1.   Proceedings for amendment shall be initiated by (1) a petition of the owner or owners of the actual property, the zoning of which is proposed to be changed; (2) a recommendation of the Planning Commission, or (3) by action of the Council.

      2.   To defray administrative costs of processing of requests for amendment of a fee, as established by the Council, shall be paid by the petitioner.

      3.   All applications for changes in the boundaries of any zoning district which are initiated by the petition of the owner or owners of property, the zoning of which is proposed to be changed, shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within three hundred fifty feet of the boundaries of the property proposed to be rezoned, together with names and addressed of the owners of the lands in such area as the same appear on the records of the County Auditor of Hennepin/Wright County which shall be provided by the petitioner.

      4.   Before any amendment is adopted, the Planning Commission shall hold at least one public hearing thereon after a notice of the hearing has been published in the official newspaper at least ten days before the hearing, and, in the case of district boundary amendments, has been mailed to property owners within 350 feet of the subject property, although failure of such owners to receive notice shall not invalidate the proceedings. Following the hearing, the Planning Commission shall make a report of its findings and recommendation is transmitted by the Planning Commission within sixty days, after the hearing, the Council may take action without awaiting such recommendation.

      5.   Upon filing of such report, the Council shall hold such public hearings on the amendment as it deems advisable. After the conclusion of the hearings, if any, the Council may adopt the amendment or any part thereof in such form as it deems advisable.

      6.15   The Council may, by resolution, deny a proposed amendment and include the findings and reasons for denial in the resolution. If the Planning commission recommends denial of a proposed amendment, the findings and reasons shall be set forth in their written report to the Council. Approval of a proposed amendment shall require a majority vote of the City Council. Approval of a proposed Zoning Map amendment which changes all or part of the existing classification of a zoning district from residential to either business, industrial, or planned unit development that allows for commercial or industrial uses shall require a four-fifth’s (4/5’s) vote of the City Council.

   B.   Determination of Substantially Similar Use. Any landowner may request a determination by the Council that a use not included in any district of this chapter is substantially similar to a use classified as permitted, conditional, or accessory in the district in which the property is located. An application for such a determination shall be filed with the Zoning Administrator who shall refer it to the Planning Commission. The Planning Commission shall consider the application and shall file its recommendations with the Council. If the Council determines that the use is substantially similar to a use included in these regulations, such use shall thereafter be an allowable use whenever the similar use is authorized.

   A.   Application. A certificate of occupancy shall be obtained before any building hereafter erected or structurally altered is occupied or used; or the use of any such building is altered.

   B.   Procedure.

      1.16, 32   Application.

         a.   Requests for a certificate of occupancy for a new building or for an existing building which has been altered shall be made to the Zoning Administrator as part of the application for a building permit as required in this section.

         b.   Applications for a building permit and certificate of occupancy shall include a certificate of survey. Applications for a building permit and certificate of survey for all single family dwellings shall explicitly show the proposed home type and driveway location. Both the home type and driveway location must match that indicated on the approved grading plan unless approved by the City Engineer.

         c.   No building permit for the erection or alteration of a building shall be issued before the application has been made for a certificate of occupancy.

      2.12   Issuance. The Zoning Administrator shall issue a certificate of occupancy within ten (10) days after the erection or alteration of a building or part thereof is completed and found to be in conformance with the applicable provisions of the City Code.

      3.12   Temporary Certificate of Occupancy.

         a.   The Zoning Administrator may issue a temporary certificate of occupancy for a period not to exceed six (6) months during the completion of the erection or alteration of a building and required site improvements.

         b.   The temporary certificate of occupancy shall not be respective to right, duties or obligations of the owners or City relating to the use or the occupancy of the premises or any other matter except under such restrictions and provision as will adequately insure the safety of the occupants.

         c.   The City may require a cash escrow or other security for completion of required improvements necessary for issuance of a certificate of occupancy. Such security shall be in the amount determined by the Zoning Administrator.

            1)   Residential Uses, Prior to issuance of a temporary certificate of occupancy for a residential use, the developer or builder shall provide the property owner with a certificate of credit from a local area contractor equal to the costs of materials and labor as determined by the Zoning Administrator for all exterior improvements not installed due to season, including but not limited to driveways and landscaping, required by this Chapter or the development contract.

      4.12   Non-Conforming Uses. A certificate of occupancy shall be issued for all lawful nonconforming uses of land or buildings. Application for such certificate of occupancy for a non-conforming use shall be filed with the Zoning Administrator by the owner or lessee of the building or land occupied by such non-conforming use by October 1, 1984. It shall be the duty of the Zoning Administrator to issue a certificate of occupancy for a lawful non-conforming use, or refusal of the Zoning Administrator to issue a certificate of occupancy for such non-conforming use shall be prima facie evidence that such nonconformity is unlawful. An appeal to the Board of Adjustment and Appeal may be taken from an adverse decision of the Zoning Administrator.

      5.12   Inspection. A periodic inspection shall be made by the building inspector of all non-residential buildings and sites which have a certificate of occupancy, and if it is found that such building does not conform to the applicable requirements, the certificate of occupancy may be revoked and the building shall not be occupied until such time as the building is again brought into compliance with such requirements.

   A.   Compliance with Regulations. No person shall erect, alter, wreck, or move any building or part thereof without first securing a building permit therefore.

   B.   Building Permits. Application for a building permit shall be made to the Zoning Administrator on blank forms to be furnished by the City. Each application for a permit to construct or alter a building shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected. Each single family dwelling shall include plans for at least a single stall garage to be built in conjunction with the home. Applications for any kind of building permit shall contain such other information as may be deemed necessary for the proper enforcement of this chapter or any other. The fee for a building permit shall be determined by the Council. The Zoning Administrator shall issue the building permit only after determining that the building plans, together with the application, comply with the terms of this chapter.

   C.   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the Zoning Administrator and the City, in addition to all other remedies, may institute any proper action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about said premises.

   D.   Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provisions hereof.

   E.   The City shall recover the costs of its enforcement of this Chapter from a person convicted under Subd. 09.D., including reasonable attorney's fees incurred by the City's attorney in such enforcement.

Subd. 10.   Administrative and Escrow Fees. Each applicant shall be charged the fixed fee specifically provided by the Council as required to cover the costs incurred by the City in administratively processing, reviewing and issuing of permits and approvals and shall make an escrow deposit pursuant to Section 1001.03 Subd. 12.

Subd. 11.   Expiration. If substantial construction has not taken place within one year after the date of a permit, the permit shall be void except that, on application, the Council, after receiving the recommendation of the Planning Commission, may extend the permit authorizing only the conditional use specified in the permit and expires if, for any reason, the authorized use ceases for more than one year.

   A.   Intent. Certain licensed and permitted activities carried on in the city require the assistance of the city Engineer, city attorney, city planner, or other city personnel. As these activities primarily benefit private persons rather than the city as a whole, it is appropriate that the cost of these services be borne by those benefiting thereby.

   B.   Escrow Deposit Required. Applications for subdivision approval, rezonings, conditional use permits, planned unit developments, zoning variances, sewer connection permits, liquor licenses, building permits, and other municipal considerations may require a cash deposit which shall be placed in an applicant's escrow account in an amount sufficient to pay all engineering, legal, and planning fees, and such other costs as may be made the applicant's responsibility, incurred in connection with an application shall be charged to the applicant's escrow account and credited to the city.

   C.   Guarantee of Payment. The city shall have the authority to certify the collection of fees through a tax assessment on the property in question.

   D.   Fee Schedule. The council shall establish fees for services rendered by the city attorney, city engineer, city planner, and other city personnel. The fee schedule shall be provided to all persons making application listed in Chapter 209.02 upon request.

   E.   Individual Fees. Based on the fee schedule adopted pursuant to 209.03, the clerk-treasurer shall determine the amount of the escrow deposit required after consultation with the city attorney, city engineer, city planner, and other city personnel whose services may be required. All time, services, and materials tar be billed to an escrow account shall be itemized.

   F.   Enforcement.

      1.   Application. The application listed in Subd. 15.B shall not be accepted or processed by the city unless accompanied by an escrow deposit as provided in this chapter.

      2.   Deficits. If at any time it appears that a deficit will occur in any escrow account, the clerk-treasurer may then require an additional deposit in the escrow account sufficient to cover the additional expenses. Failure to make such additional deposits, or to pay to the city money owed for legal, engineering or other services for which the applicant is by ordinance made responsible in connection with an application in Subd. 15.B shall be grounds for denial or revocation of the permit or license, or cessation of work on a particular project. Such permit or license shall be revoked only after a hearing preceded by ten days written notice.

   G.   Refund. Any money remaining in an applicant's escrow account after payment of all required engineering, legal, and other fees shall be returned to the applicant.

Subd. 1.   Purpose. It is the purpose of this chapter 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. This 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 not be permitted to continue without restriction and it is the intent of this chapter that all nonconforming uses shall be eventually brought into conformity.

Subd. 2.   Non-Conforming Buildings and Uses. The lawful use of buildings or land existing on March 1, 1995, which does not conform to the provisions of this chapter may be continued provided, however, that no such non-conforming use of land shall be enlarged or increase, nor shall any such non-conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall any such non-conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this chapter.

Subd. 3.   Non-Conforming Signs. No sign erected before March 1, 1995, or from the effective date of any amendments thereto which make such signs non-conforming, shall be rebuilt, altered, or moved to a new location without being brought into compliance with the requirements of this chapter.

Subd. 4     Continuance Of Legal Nonconformity. Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this chapter, unless:

   1.    The nonconformity or occupancy is discontinued for a period of more than one year; or

   2.    Any nonconforming use is destroyed by fire or other peril to the extent of greater than eighty percent (80%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the city of Rockford may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

   3.    Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

Subd. 5.   Non-Conforming Uses. The lawful use of a building existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

   A.   Alterations may be made to a residential building containing non-conforming residential units when they will improve the livability of such units provided, however, that they do not increase the number of dwelling units in the building.

   B.   Maintenance of a building or other structure containing or used by a non-conforming use will be permitted when it includes necessary non-structural repair and incidental alterations which do not extend or intensify the nonconforming building or use. Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building codes and standards of the City.

   C.   Alteration and normal maintenance to a legal nonconforming building or structure may be made through the building permit process provided:

      1.    The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this Zoning Ordinance.

      2.    The alterations do not increase the building occupancy capacity or parking demand.

      3.   The alteration does not increase the degree of the nonconforming condition of the building, site or the use.

   A.   General Restriction: No building, structure or use shall be erected, constructed or established on a nonconforming lot unless a variance is granted by the city, except as otherwise provided for by this Chapter.

   B.   Vacant Or Redeveloped Lots: Except in environmental protection districts, legal, nonconforming, vacant lots of record may be developed for single-family detached dwellings upon approval of an administrative permit, provided that:

      1.    Legally Established: The lot in question was legally established in accordance with requirements of this code existing at the time of its creation and is a separate, distinct tax parcel.

      2.    Allowed Use: Single-family residential dwellings are an allowed use within the zoning district.

      3.   Access: The lot in question has frontage on and will directly access an improved public street.

      4.    Setback And Yard Requirements: The setback and yard requirements of the zoning district can be achieved while simultaneously resulting in development which complies with the character and general design of the immediate area and the objectives of the comprehensive plan and this Zoning Ordinance.

   C.   Developed Lots: An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this Zoning Ordinance.

   D.   Required Merger Of Common Ownership Lots: Within the Shoreland Overlay District, if in a group of two (2) or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel is nonconforming as to lot width, lot area, or lot frontage such individual lot or parcel shall not be sold or developed as a separate parcel of land, but shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one or more zoning lots each meeting the full lot requirements of this Chapter lessening the nonconformity. (Ordinance 13-02, adopted May 14, 2013)

Subd. 1.   Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures.

Subd. 2.   Application. Off-street parking regulations shall apply to all buildings and uses of land established after September 12, 1983, with the exception of the C-O zoning district.

Subd. 3.   Required Plan. Any application for a site plan approval, for building permit or for a certificate of occupancy shall include a plan drawn to scale and dimensioned showing off-street parking and loading space to be provided in compliance with this section.

   A.   Floor Area. The term “floor area” for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structures or use times the number of floors, minus ten (l0) percent, except as may hereinafter be provided or modified.

   B.   Reduction of Existing Off-Street Parking Space or Lot Area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this Section shall not be reduced in number or size, unless said number or size exceeds the requirements set forth herein for a similar new use.

   C.   Non-Conforming Structures.

      1.   Should a non-conforming structure or use be damaged or destroyed by fire, it may be re-established if elsewhere permitted in this Chapter, except that in doing so, any off-street parking or loading space shall be re-established in conformance with the requirements of this Section.

      2.11   Expansion of a use that is non-conforming due to a lack of concrete curb required by this section may be allowed by conditional use permit subject to the following conditions:

         a.   Exception to providing perimeter concrete curb is a one-time occurrence.

         b.   The proposed expansion is not more than 2,000 square feet or twenty-five (25) percent of the gross floor area of the existing principal use, whichever is least.

         c.   Adequate measures are provided to control storm water drainage as approved by the City Engineer.

         d.   The provisions of Section 1001.03 of this Chapter are considered and determined to be satisfied.

   D.   Change of Use or Occupancy of Land. No change of use or occupancy of land already dedicated to a parking spaces, driveways, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by this Section.

   E.   Chance of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by this Section.

   F.   Residential District Parking. Except as provided below in Subdivision 4.G.2 and except on a limited, temporary basis involving guests or work being performed on site, on and off-street accessory parking facilities in a residential district shall be utilized solely for the parking of licensed and operable passenger automobiles, vans, trucks not to exceed gross capacity of twelve thousand (12,000) pounds; and recreational vehicles and equipment which are the property of the occupant, except as provided below in Subdivision 4.G.2. Under no circumstances shall required facilities accessory to residential structures be used for the storage of non-qualifying commercial vehicles, commercial equipment, or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments.

   G.   Calculating Space.

      1.   When determining the number of off-street parking spaces results in a fraction, each fraction shall constitute another space.

      2.   In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

      3.   Except as provided for under joint parking and shopping centers, should a structure contain two (2) or more types of use, the sum of each shall be calculated separately and shall be used for determining the total off-street parking spaces required.

   H.   Stall, Aisle and Driveway Design.

      1.   Parking Space Size. Except for handicapped parking spaces, each parking space shall not be less than nine (9) feet wide and eighteen (18) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles.

      2.   Street Access. All off-street parking facilities shall be designed and constructed with appropriate means of vehicular access to a public street. Except in the case of a planned unit development, each lot shall have access directly onto an abutting, improved and City accepted public street. Exception to this access requirement may be allowed as a conditional use permit pursuant to Section 1001.05, Subd. 4 of this Chapter.

      3.   Within Structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this Section.

      4.   Lot Circulation. Except in the case of single, two-family, townhouse, quadraminium, and manor home dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, two-family, townhouse, quadraminium, and manor home dwellings, parking area design which requires backing into the public street is prohibited.

      5.   Intersection Separation. No curb cut access shall be located less than sixty (60) feet from the intersection of two (2) or more street rights-of-way. This distance shall be measured from the intersection of lot lines.

      6.   Lot Design. Except in the case of single family, two-family, townhouse, quadraminium, and manor home dwellings, parking areas and their aisles shall be developed in compliance with the standards on the Parking Lot Dimension Table.

      7.   Curb Cut Size. No curb cut access shall exceed twenty-four (24) feet in width unless approved by the City Engineer.

      8.   Side and Rear Yard Setback. Off-street parking stalls, driveways, and drive aisles shall be setback a minimum of five (5) feet from side and rear property lines in all districts. (Ordinance 18-08, adopted August 15, 2018)

      9.   Curb Cut Spacing. Driveway access curb openings on a public street except for single, two-family, quadraminium, manor home, and townhouse dwellings, shall not be located less than forty (40) feet from one another.

      10.34   Grade.

         a.   Parking Spaces and Areas. The grade elevation of any parking area shall not exceed six (6) percent, except as approved by the City Engineer.

         b.   Driveways. Unless approved by the City Engineer, the grade elevation of any driveway shall not exceed:

            1)   Eight (8) percent for single family, two family, and townhouse dwellings, except as approved by the City Engineer.

            2)   Six (6) percent for all other uses.

      11.   Number of Curb Cuts. Each property shall be allowed one curb cut access and may be allowed upon city council approval, additional curb cuts for each one hundred twenty-five (12 5) feet of street frontage. All property shall be entitled to at least one curb cut. Single family uses shall be limited to one curb cut access per property unless a conditional use permit is approved pursuant to Section 1001.03, Subd. 5 of this Chapter.

      12.   Surfacing.

         a.   Farmsteads, farming operations, and detached single family residential uses: Driveways and parking area shall be surfaced with materials suitable to control dust and drainage.

         b.   Other Uses:

            1)   All uses other than those specified in subsection 12.a. above shall have driveways and parking areas which are surfaced with asphalt, concrete, cobblestone, or paving bricks.

            2)   For legal, nonconforming uses existing upon the effective date of this Chapter, at any time an improvement is made to property requiring a conditional use permit, interim use permit, variance, and/or building permit, all nonconforming design and surfacing of parking areas or driveways existing on the lot in question shall be brought into full compliance with this Section.

      3)   Plans for surfacing and drainage of driveways and stalls for parking areas of five (5) or more vehicles shall be submitted to the City Engineer for review and the final drainage plan shall be subject to written approval.

      4)   For industrial uses which experience frequent heavy equipment utilization which could be expected to destroy or damage required surfacing materials, an exemption to the surfacing requirements may be allowed by conditional use permit pursuant to Section 1001.03, Subd. 5 and provided that:

         a)   General public and employee access driveways and parking areas shall not be included in the exemption.

         b)   At such time as the presence of heavy equipment is reduced or eliminated, the surfacing of exempted areas shall be completed in compliance with this Chapter.

         c)   All other performance standards related to parking and driveways shall be met.

         d)   The provisions of Section 1001.03, Subd. 5E are considered and determined to be satisfied.

      13.   Striping. Except for single, two-family townhouse, quadraminiums, and manor home dwellings, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide.

      14.   Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way, and shall be in compliance with Chapter.

      15.   Curbing and Landscaping. Except for single, two-family, townhouse, quadraminiums, and manor home dwellings, all open, off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than five (5) feet to any lot line except as approved by the City Engineer. Grass plantings and landscaping shall be provided in all areas bordering the parking area.

      16.   Required Screening. All open off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts and uses, and the public right-of-way in compliance with this Chapter.

      17.   Snow Storage. Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces. In those cases where excessive snow cannot be properly stored on site, it shall be immediately removed from the site.

      18.   Driveway Turn Around. In the case of single family, two-family, townhouse, quadraminium, and manor home dwellings, which front on streets designated as collector, minor arterial, intermediate arterial and principal arterial by the City's Comprehensive Plan, the installation of a vehicle turn-around space, immediately adjacent to the access driveway is allowed and may be required by the City Council. Said space is to be no larger than ten (10) feet wide and ten (10) feet in length. Where possible, said space shall be located away from the principal structure and shall be no closer than twenty (20) feet from the street surface. Said space shall not to be utilized for parking or storage purposes.

   I.   Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with this Chapter.

Subd. 5.   Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or buildings to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required screening.

Subd. 6.   Location. All accessory off-street parking facilities as required by this Section shall be located and restricted as follows:

   A.   Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of Subd. 10 and Subd. 11 of this Section.

   B.   Except for single, two-family, townhouse, quadraminium, and manor home dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.

   C.   Off-street parking for multiple family, commercial, industrial and institutional uses shall be setback a minimum of fifteen (15) feet of any public right-of-way. (Ordinance 18-08, adopted August 15, 2018)

   D.   The boulevard portion of the street right-of-way shall not be used for parking.

   E.   Setback Area: Required accessory off-street parking shall not be provided in required front yards or in required side yards in the case of corner lots, in agricultural and residential zoning districts.

   F.   Required off-street parking areas for one and two-family uses shall be in the rear yard, side yards other than a required side yard, garage, or carport, and upon a defined driveway. A parking space in excess of that specifically required by this Section may be located in an area not to exceed twelve (12) feet in width abutting the driveway on one side only away from the principal building in the front yard. The parking area designated in the front yard abutting the driveway shall be surfaced with either concrete, asphalt or in cases of existing gravel driveways, gravel may be used for such additional parking. At any time an improvement is made to property requiring a building permit, all non-conforming surfacing of parking areas or driveways existing on the lot in question shall be brought into full compliance with this section.

   G.   With the exception of seasonal recreational equipment of limited size and weight, the same parking standards for seasonal recreational equipment shall apply as outlined herein. In cases of seasonal recreational equipment of limited size and weight, the surfacing required herein shall not apply and the equipment may be parked over what is traditionally grass. Seasonal recreational equipment of limited size and weight may include boats, campers designed to be mounted on automotive vehicles, snowmobiles, boat trailers, motorcycle trailers and tent or travel trailers.

   H.   Violations may be enforced through tagging.

Subd. 7.   Use of Required Area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, repair work, storage of inoperable vehicles, and/or storage of snow.

Subd. 8.   Handicapped Parking Spaces. Except for single family, two-family, townhouse, quadraminium, and manor home dwellings, at least one handicapped parking space shall be provided for each use. An additional space shall be provided for each increment of fifty (50) spaces in excess of the initial fifty (50) spaces. Handicapped spaces shall be at minimum twelve (12) feet by twenty (20) feet, shall be located so as to provide convenient, priority access to the principal use and shall conform to Minnesota Statutes, Section 168.021, as may be amended.

Subd. 9.8     Number of Spaces Required.8 The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth:

   A.   Automobile, trailer, marine,, implement, garden supply, building and material sales, auto repair. Six (6) off-street parking spaces, plus one (1) additional space for each five hundred (500) square feet of floor area over one thousand (1,000) square feet.

   B.   Banks. One space per two hundred fifty (250) square feet of floor area.

   C.   Drive-in Banks. Two (2) spaces for each drive-in unit plus drive aisle stacking space of one hundred eighty (180) feet for each drive-in unit.

   D.   Boarding and Lodging House. At minimum one (1) space plus at least one (1) parking space for each person for whom accommodations are provided for sleeping.

   E.   Bowling Alley. At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure plus one (1) space for every employee.

   F.   Car Wash, machine. Twenty-five (25) spaces, plus five (5) additional spaces per lane in excess of one (1).

   G.   Clinics. One (1) space per one hundred (100) square feet of floor area.

   H.   Churches, auditoriums and other places of assembly. At least one (1) parking space for each three (3) seats based on the design capacity of the main assembly hall.

   I.   Community Centers, Health Studios, Libraries, Museums, Private Clubs, Lodges. Ten (10) spaces plus one for each one hundred fifty (150) square feet in excess of two thousand (2000) square feet of floor area in the principal structure.

   J.   Golf course, tennis or swimming club, etc. Twenty (20) spaces per principal building, plus eight (8) spaces per two hundred (200) square feet of floor area.

   K.   Elderly (Senior Citizen) Housing. Reservation of area equal to one (1) parking space per unit. Initial development is, however, required for only one-half (1/2) space per unit and said number of spaces can continue until such time as the City considers a need for additional parking spaces has been demonstrated.

   L.   Funeral Home. One (1) space for each one hundred (100) square feet of floor area of each chapel with a minimum of twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. Aisle space shall be provided off-street for making up a funeral procession.

   M.   Furniture and Appliance Stores. One (1) space per four hundred (400) square feet of floor area.

   N.   Hospitals. One space for each two (2) patient beds (excluding bassinets), plus one (1) additional space for each doctor including visiting doctors, plus one (1) space for each two (2) employees including nurses; loading and unloading space for hospital ambulances and similar vehicles are not included in the spaces required.

   O.   Manufacturing or Processing Plant. One (1) space for two (2) employees on the shift of greatest employment, or one (1) space for each five hundred (500) square feet of floor area whichever is greater. In addition, one (1) space for each company motor vehicle on the premises.

   P.   Motels, Motor Hotels, Hotels, Resorts. One (1) space per each rental unit plus one (1) additional space for each ten (10) units plus one (1) for each employee on the shift of greatest employment.

   Q.   Motor Fuel Station. At least four (4) off-street parking spaces plus three (3) off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable provisions of this Section.

   R.   Municipal Administration Buildings, Community Center, Public Libraries, Art Galleries, Museums, Post Office, etc. One (1) space per three hundred (300) square feet of floor area.

   S.   Multiple Family Dwellings. Two (2) rent-free spaces per unit plus one (1) space for each bedroom per unit over two (2).

   T.   Multi-story Office Buildings and Financial Institutions other than Banks. One (1) space per two hundred (200) square feet of gross floor area.

   U.   Office Buildings, Professional Offices, Medical and Dental Clinics. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area.

   V.   Post Office. One (1) space for each four hundred (400) square feet of floor area plus one (1) space for each employee.

   W.   Research, Experimental or Testing Station. One (1) space per each employee on the largest shift or one (1) space per each five hundred (500) square feet of floor area whichever is greater.

   X.   Restaurants (Class I), Cafes, Private Clubs Serving Food and/or Drink, Bars, On-Sale Nightclubs. At least one (1) space for each forty (40) square feet of gross floor area of dining and bar area and one (1) space for each eighty (80) square feet of kitchen area.

   Y.   Drive-in Restaurant and Fast Food Restaurant (Class II). At least one (1) parking space for each fifty (50) square feet of gross floor area. Additionally, one hundred eighty (180) feet of drive aisle stacking space shall be provided for drive-through facilities.

   Z.   Retail Store and Service Establishment. At least one (1) off-street parking space for each two hundred (200) square feet of floor area.

   AA.   Retail Sales and Service Business with Fifty (50) percent or More of Gross Floor Area Devoted to Storage Warehouse and/or Industry. At least eight (8) spaces or one (1) space for each two (200) hundred square feet devoted to public sales or service plus one (1) space for each five hundred (500) square feet of storage area; or at least eight (8) spaces and one (1) space for each employee on the maximum shift, whichever is appropriate.

   BB.   Sanitarium, Convalescent Home Rest Home Nursing Home or Day Nurseries. Four (4) spaces plus one (1) for each four (4) beds for which accommodations are offered and one (1) space designated for emergency vehicles.

   CC.   School, Elementary and Junior High. At least one (1) parking space for each classroom plus one (1) additional space for each fifty (50) students. Auditorium or event space shall be subject to a separate, additional calculation.

   DD.   Service Garage. Four (4) spaces per each service stall.

   EE.   Single Family, Two-Family, and Townhouse Unit. Two (2) spaces per unit.

   FF.   Shopping Centers. Six (6) spaces per each one thousand (1,000) square feet of gross floor area.

   GG.   Theatres, Civic Centers Auditoriums Stadiums Sports Arenas or Similar Uses. One (1) space for each four (4) seats, plus one (1) space for each two (2) employees.

   HH.   Warehousing, Storage or Handling of Bulk Goods. One (1) space per two employees of the largest shift or one (1) space per each one thousand five hundred (1,500) square feet of floor area, whichever is greater.

   II.   Wholesaling. One (1) space per each employee on the largest shift or one (1) space per two thousand (2,000) square feet of floor area whichever is greater. In addition, one (1) space per company motor vehicle on the premises.

   JJ.   All Other Commercial. Ten (10) spaces per one thousand (1,000) square feet of floor area.

   KK.   Other Uses. Other uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of buildings, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

   LL.   Space Reductions. Subject to the review and processing of a conditional use permit as regulated by Section 1001.03, Subd. 5 of this Chapter, the City may reduce the number of required off-street parking spaces when the use can demonstrate in documented form a need, which is less than required. In such situations, the City may require land to be reserved for parking development should use or needs change.

Subd. 10.   Joint Facilities. The City council may approve a conditional use permit, pursuant to Section 1001.03, Subd. 5 of this Chapter, for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. To qualify for joint parking the following conditions are required to exist.

   A.   Up to fifty (50) percent of the parking facilities required for a theater, bowling alley, bar or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in Item D below.

   B.   Up to fifty (50) percent of the off-street parking facilities required for any use specified under Item D below as primarily daytime uses may be supplied by the parking facilities provided by the following night time or Sunday uses: auditoriums incidental to a public or parochial school, churches, bowling alleys, theaters, bars, apartments or restaurants.

   C.   Up to eighty (80) percent of the parking facilities required by this Section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified in Item D below as primarily daytime uses.

   D.   For the purposes of this Section, the following uses are considered as primarily daytime uses: public schools, banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses.

   E.   Conditions Required for Joint Use.

      1.   The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities.

      2.   Documentation as specified by the City shall be submitted demonstrating that there is not substantial conflict in the principal operating hours of the two buildings or uses (for which joint use of off-street parking facilities is proposed).

      3.   A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the Wright County Recorder.

   A.   Any off-site off-street parking which is used to meet the requirements of this Chapter shall be a conditional use as regulated by Section 1001.03, Subd. 06 of this Chapter.

   B.   Off-site parking shall be developed and maintained in compliance with all requirements and standards of this Chapter.

   C.   The parking lot is to be used only for the parking of passenger automobiles of employees, customers or guests of the person or firm controlling and operating the lot, said person to be responsible for its maintenance.

   D.   The parking lot is not to be used for sales, repair work or servicing of any kind.

   E.   Reasonable access from off-site parking facilities to the use being served shall be provided.

   F.   No advertising sign or material is to be located on the property where the parking lot is located.

   G.   All parking is to be kept back of the setback building line by barriers unless otherwise specifically authorized by the City Council.

   H.   Except as provided below, the site used for meeting the off-site parking requirements of this Section shall be under the* same ownership as the principal use being served or under public ownership.

   I.   Off-site parking for multiple family dwellings shall not be located more than one hundred (100) feet from any normally used entrance of the principal use served.

   J.   Except as provided below, off-site parking for nonresidential uses shall not be located more than three hundred (300) feet from the main public entrance of the principal use being served.

   K.   Any use which depends upon off-site parking to meet the requirements of this Section shall maintain ownership and parking utilization of the off-site location until such time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

   L.   Compliance with off-street parking requirements provided through leased off-street parking may be approved by the City Council, subject to the following conditions:

      1.   The lease shall specify the total number and location of parking spaces under contract and this number, when added to any on-site parking required, must be equal to the total number of parking spaces required.

      2.   The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the city.

      3.   The lease agreement shall incorporate a release of liability and any other provisions, as recommended by the City Attorney that are deemed necessary to ensure compliance with the intent of this Section.

   M.   Any such other conditions as may be deemed necessary by the City Council to protect the welfare and character of the nearby land uses.

   A.   Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way so as to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various parcels of land or structure.

   B.   Location.

      1.   Off-Street. All required loading berths shall be off-street and located on the same lot as the building or use to be served.

      2.   Distance from Intersection. All loading berth curb cuts shall be located at a minimum sixty (60) feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property line.

      3.   Distance from Residential Use. No loading berth shall be located closer than one hundred (100) feet from a residential district unless within a structure.

      4.   Prohibited in Front Yards. Loading berths shall not occupy the required front yard setbacks.

      5.   Conditional Use Permit Required. A conditional use permit shall be required for new loading berths added to an existing structure and/or, where the loading berth is located at the front or at the side of the building on a corner lot.

         a.   Pedestrians. Loading berths shall not conflict with pedestrian movement.

         b.   Visibility. Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.

      c.   General Compliance. Loading berths shall comply with all other requirements of this Chapter.

      6.   Traffic Interference. Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic both on and off site.

   C.   Surfacing. Subject to exceptions established for the surfacing of parking areas by this Section, all loading berths and accessways shall be improved with not less than six (6) inch class five base and two (2) inch bituminous surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the City Engineer.

   D.   Accessory Use, Parking and Storage. Any space allocated as a required loading berth or access drive so as to comply with the requirements of this Chapter shall not be used for the storage of goods, inoperable vehicles, or snow, and shall not be included as part of the space requirements to meet off-street parking requirements.

   E.7    Screening. Except in the case of multiple family dwellings, all loading areas shall be completely screened from view of abutting residential uses and/or the public right-of-way through the use of fences and or landscaping.

   F.   Size.

      1.   Non-Residential Developments. Unless otherwise specified in these zoning regulations, the first loading berth shall be not less than seventy (70) feet in length and additional berths required shall be not less than thirty (30) feet in length and all loading berths shall be not less than ten (10) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space.

      2.   Multiple Family Dwellings. The size and location of the required loading berth shall be subject to the review and approval of the Zoning Administrator.

   G.   Number of Loading Berths Required. The number of required off-street loading berths shall be as follows:

      1.   Commercial and Industrial Uses. All buildings shall have at least one off-street loading berth. Buildings which are ten thousand (10,000) square feet or more, shall have at a minimum two (2) loading berths.

      2.   Multiple Family Dwellings. One (1) off-street loading berth shall be provided for each principal dwelling structure in excess of four (4) units.

      3.   Other Uses. Other uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of buildings, type of use, and expected frequency and number of delivery or service vehicles.

      4.   Space Reductions. Subject to the review and processing of a conditional use permit as regulated by Section 1001.03, Subd. 5 of this Chapter, the City may reduce the number of required off-street loading spaces when the use can demonstrate in documented form a need which is less than required. In such situations, the City may require land to be reserved for loading space development should use or needs change.

   A.   Parking and Placement Prohibited. It shall be unlawful within the City for any person to park any manufactured home on any street, alley or highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, except as provided in this section.

   B.   Emergency Parking Permitted. Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than three (3) hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.

   C.   Temporary Placement. Temporary special permits may be issued by the Council for use of a trailer as an office or residence by persons directly connected with new construction in the City, providing that such person has obtained a building permit for said construction and is proceeding with said work. Such temporary special permits shall be limited to periods of not more than ten (10) days following completion of the project or for twelve (12) months, whichever is less.

   D.   Conditional Use Permit Required. No person shall construct, locate, operate or maintain a manufactured home or manufactured home park within the City without first obtaining a conditional use permit, and all such other permits and licenses as shall be required and described herein.

   E.   Zoning and Sewage Requirements. No person shall construct, locate, operate, or maintain a manufactured home park in the City unless the proposed area is served by a public, municipal sanitary sewer, municipal water, and the property is zoned for residential manufactured home park, R-M.

   F.   Placement Outside a Manufactured Home Park Prohibited. No person shall park or occupy any manufactured home on either the premises of any dwelling or on any lot which is situated outside an approved manufactured home park unless such owner or person complies with applicable provisions of this Chapter, including Housing Performance Standards. Manufactured homes within an approved manufactured home park shall not be required to comply with Housing Performance Standards but shall be subject to the provisions of this Chapter.

Subd. 2.   Conditional Use Permit Application. Required conditional use permits may be applied for pursuant to the terms of this Chapter and shall be issued if all requirements in this Chapter are met and all fees established in Section 212 of the City Code have been paid.

   A.   Development Standards. All manufactured home parks shall conform to the following minimum standards for development of the park except, and in addition, those found in this Chapter.

      1.   Minimum Size. Every manufactured home park shall have a minimum of ten (10) acres and a minimum width of five hundred (500) feet.

      2.   Surface Drainage. Every manufactured home park shall be located on a well drained area and the premises shall be properly graded and equipped with storm sewers if necessary so as to prevent the accumulation of storm or other waters on the lots. However, runoff to adjacent properties shall not be increased. Where there is water ponding on the site, provisions shall be taken to retain the natural ponding features of the land and provide for the same amount of water storage in some manner at the site.

      3.   Parks and Recreation. A park dedication will be required based on dwelling units/acre. For parks with a density of less than five (5) units/acre, a dedication of ten (10) percent of the total park area is required. Densities of less than nine (9) units but greater than five (5), will require a dedication of twelve (12) percent. Any greater densities will require a dedication of fifteen (15) percent. The City may require park set asides to be furnished with such amenities as: playground equipment; tennis courts; shuffleboard, badminton or horseshoe courts; or other similar features.

      4.   Setbacks and Buffer Zones. There shall be a minimum setback of fifty (50) feet from any highway and thirty (30) feet between the park outside boundary line and any use within the manufactured home park. Such setback area shall be landscaped and screened by a fence and/or screen plantings of sufficient size and density to permit complete privacy for the residents of both the manufactured home park and adjacent properties. The City may, at its option, require fencing or other types of buffer in lieu of the above requirements.

      5.   Landscaping. Every manufactured home park shall be landscaped and maintained with seed or sod on the entire park except for areas used for streets, sidewalks, patios, manufactured home parking areas, or vehicle parking areas.

   B.   Lot Standards. All lots in the manufactured home park are subject to the following regulations:

      1.   Size. Each lot in a manufactured home park intended as the location for one unit shall contain not less than five thousand two hundred (5,200) square feet and shall have a minimum width of fifty (50) feet except corner lots which shall have a minimum width of sixty (60) feet and shall have a minimum depth of eighty (80) feet measured from the curb face to the rear lot line.

   C.   Additional Lot Regulations. All lots in the manufactured home park are subject to the following regulations:

      1.   Guest Parking Required. Each manufactured home park shall maintain a paved, off-street parking lot for guests of occupants in the amount of one space for each ten (10) lots.

      2.   Overload Parking Required. Each manufactured home park shall have not less than two thousand five hundred (2,500) square feet of area for every twenty-five (25) lots set aside for overload parking and dead storage. This area shall be completely enclosed with a security fence and screened from view by dense shrubbery. The purpose of this area is for boats, trailers and other recreational vehicles.

      3.   Concrete Patio Required. Each lot shall have a concrete patio adjacent to each home in addition to the off-street parking area. Each patio shall be not less than one hundred fifty (150) square feet and a minimum of twenty-four (24) inches in width and three (3) inches in diameter.

      4.   Individual Site Preparation. Every manufactured home lot shall have a base of at least four (4) inches of compacted gravel or aggregate on the site where the home is to be parked, in addition to whatever foundation structures are necessary to secure the manufactured home anchors and tie downs.

   D.   Emergency Shelters.

      1.   Shelter Required. Every manufactured home park shall provide one or more tornado and wind storm emergency shelters with a capacity for thirty (30) percent of the occupants of the park. Each shelter shall be constructed so as to be dry, well ventilated, to have more than one exit, and to be capable of withstanding the impact of a manufactured home propelled by winds of tornado force. The entrance to the shelter shall be plainly marked by a sign with the words “Emergency Shelter” in six (6) inch letters.

      2.   Storm Warning Device Required. Every manufactured home park shall have a warning device for providing tornado or serious wind storm warning to its residents. This requirement may be waived if such device is located outside the park but is found to be servicing the park area.

   E.   Service Building and Service Facilities. Each manufactured home park shall have one or more service buildings to provide space for the park office, laundry facilities, sanitation facilities, and indoor community meeting and recreational space.

      1.   Manager's Office Required. Every manufactured home park shall have a central office for the manager or caretaker of the park.

      2.   Indoor Recreation Room Required. Indoor recreational or community meeting space shall be provided at the minimum ratio of ten (10) square feet of space for every four (4) lots in the manufactured home park, or section thereof served by the building. Space provided for such requirements as emergency shelters, laundry facilities, and other public service facilities shall not be deemed to meet the requirements of this section.

      3.   Setbacks Required. Setbacks from internal streets for all service buildings shall conform to the City's residential setback requirements.

   F.   Water Supply and Sewage Disposal Systems.

      1.   Water Connection Required. All manufactured home parks and the lots thereof shall be connected to the municipal water system.

      2.   Public Municipal Sanitary Sewer Required. All manufactured home parks shall have a sanitary sewer system connection to either a public municipal sewer system, or an appropriate public regional sewer system. The design and specifications of the sewer system shall meet the approval of the City Engineer and the Minnesota Department of Health.

      3.   Underground Utilities Required. All sewer and water system lines shall be underground.

   G.   Utilities, Fuel Supply Storage, and Lighting.

      1.   Underground Utilities Required. All utility lines for electricity, telephone, TV cable, gas or fuel oil must be underground. There shall be no overhead wires or supporting poles except poles for street lights or other lighting purposes.

      2.   Fuel Storage Regulated. All fuel supply and storage systems shall be installed and maintained in accordance with applicable state codes and regulations governing such systems.

      3.   General Illumination Required. The manufactured home park shall provide overhead lights to adequately illuminate the streets and thoroughfare sidewalks of the park and all service building parking areas and entrances. Such lighting will be shielded to prevent any light to be directed at traffic, nearby manufactured homes, or neighboring residential property in such brilliance as to constitute a danger or a nuisance.

   A.   Inspection.

      1.   Building Inspector. All manufactured home parks shall be inspected annually by the City Building Inspector to ascertain that all provisions of this Chapter, all other applicable City ordinances, and the provisions of any conditional use permit are being observed.

      2.   Fire Inspection. All manufactured home parks shall be inspected annually by the City Building Inspector to ascertain that no fire hazards are present, to ascertain that fire hydrants and fire extinguishing equipment are in working order, and to ascertain that all provisions of this Chapter and other applicable codes and ordinances pertaining to fire protection and prevention are being observed.

      3.   Water System Inspection. All manufactured home parks shall have the water system inspected annually by a designated City inspector to insure that all hydrants and other water facilities are in proper working order.

   B.   City inspectors may make more frequent inspections as they may deem necessary.

   A.   General Operation and Maintenance:

      1.   Manager. Every manufactured home park shall have an adult manager or caretaker on duty in or about the park at all times, to keep the park, its facilities and equipment in a clean, orderly and sanitary condition, and to be available in case of emergencies. The manager or caretaker shall be answerable with said owner for the violations of any provisions of this Chapter.

      2.   Office. Each manufactured home park shall maintain a central office for the use of the owner or manager, distinctly marked OFFICE.

      3.   Map. A map of the park with all lots clearly numbered, shall be displayed at the park office. The lots themselves shall also be numbered in a manner visible from the frontage street. The park shall be open at reasonable times to the visiting public and a directory shall be readily available to visitors.

      4.   Lighting. The park grounds shall be lighted as approved by the City during all hours of darkness.

      5.   Public Address Prohibited. No public address or loud speaker system shall be permitted.

      6.   Rules. Each park shall adopt a set of rules and regulations for orderly operation of the park in conformance with this Chapter, and these rules shall be made available to the residents of the park.

      7.   Pets. No domestic animals or house pets of park occupants shall be allowed to run at large, or commit any nuisances within the limits of the park.

      8.   Clothes Drying. No exterior clothes drying shall be permitted upon any lot or any other area of the park except in an area specifically provided.

      9.   Transient Occupancy. The use of any lot or other area within the park for tent sites, camper trailers, pick up campers, or other transient occupancy use is prohibited.

   B.   Lot Regulations.

      1.   Placement Restricted. No more than one unit shall be parked upon any lot.

      2.   Occupancy Regulated. No home may be inhabited by a greater number of occupants than that for which it was designated.

      3.   Skirts Required. The base of all manufactured homes shall be enclosed with skirting, such skirting to be installed within ten (10) days from the date of installation of the unit. Such enclosure must be accessible for inspection and no obstruction shall be permitted that impedes the inspection of the manufactured home, plumbing, electrical facilities, and related equipment. No storage shall be permitted beneath the manufactured home.

      4.   Use Restrictions. All lots shall be used for residential purposes only. No commercial activity or signage will be permitted unless otherwise permitted by Zoning ordinances other than this section.

   C.   Lot Display Regulations. No homeowner nor prospective homeowner shall be required to purchase a home from the owner or operator of the park in which said owner desires to locate, or from someone designated by said owner of the park. This provision, however, shall not prevent the owner of the park from establishing certain minimal standards and conditions of quality and design as to homes permitted in a park owned by him.

   D.   Street Maintenance and Regulations.

      1.   Snow Removal. The park operator shall remove snow from the all streets, guest parking areas and public sidewalk areas within the park after each snowfall and these areas shall be kept sanded and/or free of ice and snow.

      2.   Maintenance and Repair. All streets within the park shall be kept in good repair, and kept clean and free of litter.

      3.   Speed Limit. A speed limit of ten (10) miles per hour shall be maintained within the park limits and signs shall be posted accordingly. The operator may use raised bumps or ridges across the road surfaces to assure compliance with the posted limits.

   E.   Storage and Parking.

      1.   On-Site Parking Restricted. No more than two (2) vehicles may be parked on any home lot.

      2.   On-Site Storage Prohibited. All boats, boat trailers, hauling trailers, and all other equipment not stored within the home nor the utility enclosure that may have been provided shall be stored in the overload parking area, and not upon the lots occupied by homes, nor upon the streets within the park, nor upon any other City streets.

   F.   Fire and Police Protection.

      1.   Fire Extinguisher Required. Every home occupied in the park shall be equipped with a fire extinguisher in usable condition. The occupant of the home shall be responsible for providing such extinguisher for his home.

      2.   Fire Extinguisher Required in Service Building(s). Portable fire extinguishers rated for classes B and C fires, with a capacity of ten (10) pounds dry powder, shall be kept visible in service buildings and at other locations as approved or required by the Fire Chief, for convenient access by all of the occupants of the park. Such fire extinguishers shall be maintained in good operation condition.

      3.   Open Burning Prohibited. No fire shall be kindled or maintained except in a stove, fireplace, barbecue pit, incinerator, or other equipment intended for such purpose. No such fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. Open burning is prohibited.

      4.   Storage of Flammable Liquids Prohibited. Storage of flammable liquids or materials or gases within or under the home is forbidden.

      5.   Litter and Rubbish Storage Prohibited. All areas of the park shall be kept free of litter, rubbish, and other flammable material.

      6.   Open to Police, Fire and Emergency Vehicles. The park shall be open to fire, police and other emergency vehicles and personnel at all times, and the law enforcement officers and the fire department shall be provided with a current directory showing the lot numbers and addresses.

   G.   Storm Protection.

      1.   Storm Warning Device Required. The storm warning device required for the park shall be kept in good operating condition and tested once a month at a designated time in a manner approved by the City.

      2.   Weather Alerts Required. The park manager shall be responsible for obtaining weather warning information from the appropriate media, and for alerting residents to the hazards of a storm via the warning device when any storm with damaging winds is imminent.

      3.   Emergency Shelter Maintained. The emergency shelter area or building shall be available for appropriate use twenty-four (24) hours a day. Entrances shall be illuminated during all hours of darkness. The manager shall keep the shelter area clean and sanitary, and stocked with emergency supplies and first aid equipment.

   H.   Refuse Handling.

      1.   Management Responsible. The park shall provide for the collection and disposal of all refuse and garbage generated within the park. The park may contract with private garbage haulers or provide the service itself. All refuse handling must adhere to the following standards:

      a.   Nuisance Prohibited. The storage, collection, and disposal of refuse in the park shall be so conducted so as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards, or air pollution.

      b.   Garbage Collection Required. Garbage and refuse shall be collected and disposed of as frequently as may be necessary to insure that garbage receptacles shall not overflow.

   I.   Sewer and Water.

      1.   Maintenance Required. All sewer and water systems within the park shall be kept in good operating condition in conformance with regulations of the Minnesota Department of Health and the City. Any maintenance of water and sewer systems within the park shall be at the owner's expense, but shall be under the supervision of an official designated by the City, who shall have authority to initiate necessary repairs.

      2.   Water Pressure Maintained. If the City deems it necessary, auxiliary pumps to boost water pressure shall be installed at the expense of the park owner to maintain needed pressure for fire protection.

      3.   Service Charges. For sewer service and water service, when available, the City will charge the service rates established in the appropriate district. All charges will be computed on a per unit basis.

Subd. 6.   Administration.     Enforcement by the Building Inspector: Except as otherwise provided herein, this Chapter shall be administered and enforced by the Building Inspector, who is hereby designated as enforcing officer. The Building Inspector may institute in the name of the City any appropriate actions or proceedings against a violator as provided by law.

   A.   New manufactured home parks and expansions to existing mobile manufactured home parks shall be subject to the provisions placed within the subdivision section of this chapter. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated on fill in accordance with this Chapter. If vehicular road access for pre-existing manufactured home parks is not provided, an elevation no lower than two (2) feet below the Regulatory Flood Protection Elevation, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body.

   B.   All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Travel trailers and travel vehicles that do not meet the exemption criteria specified shall be subject to the provisions of this section.

   C.   Exemption. Travel trailers and travel vehicles are exempt from the provisions of this ordinance if they meet the following criteria:

      1.   Have current licenses required for highway use.

      2.   Are highway ready meaning on wheels or the internal lacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it.

      3.   The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

   D.   Areas exempted for placement of travel/recreational vehicles are: individual lots or parcels of record, existing commercial recreational vehicle parks or campgrounds and existing condominium type associations.

   E.   Travel trailers and travel vehicles lose this exemption when development occurs on the parcel exceeding $5,000 for a structural addition to the travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restriction specified in this section.

   F.   New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:

      1.   Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists, in accordance, an elevation no lower than two (2) feet below the Regulatory Flood Protection Elevation. Any fill placed in a floodway for the purpose of elevating a travel trailer shall be subject to requirements of this section.

      2.   All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a Conditional Use if in accordance with the following provisions and the provisions of this section. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with this section.

Subd. 1.   Attached Accessory Buildings. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this section.

Subd. 2.   Building Type and Standards. Architectural details for accessory buildings are to be the same or similar as for the principal building as determined by the City Council, based upon (but not limited to) the following criteria:

   A.   Roof pitch orientation and slop.

   B.   Building material.

   C.17   Exterior color.

Subd. 3.     Approval Required.

   A.   Zoning Approval Required: Detached accessory buildings not exceeding two hundred (200) square feet in floor area shall be allowed without issuance of a building permit but shall comply with all other provisions of this Chapter subject to approval by the Zoning Administrator.

   B.   Building Permit Required: Detached accessory buildings greater than two hundred (200) square feet in floor area shall require a building permit. The building official shall review the site plan and construction drawings to determine compliance with the Building Code and other applicable ordinances, laws, and regulations. (Ordinance 18-08, adopted August 15, 2018)

Subd. 4.   Residential Accessory Buildings. Detached accessory buildings in residential districts shall conform to the following additional regulations as to their locations upon the lot.

   A.   Use of the building is limited to those activities accessory to the principal residential use of the property and shall not include any home occupations or other business activities.

   B.   Accessory building(s) shall not encroach on required front or side yards in any district. In addition, no accessory building shall be placed in front of the front line of principal buildings.

   C.   Accessory buildings may encroach on rear yards to a distance equal to ½ the required rear yard setback, except when the rear lot line abuts a public street.

   D.   When a lot in a C-0, C-1, C-2, C-3, or I-1 district abuts a residential district, the yard requirement for the lot on the abutting residential yards shall be modified as follows: The size of the yard shall conform to the regulation of the abutting districts which results in the largest yard.

   E.   Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

   F.   Building Size. A detached accessory building shall not occupy more than 25 percent of the area of any rear yard, nor may it be larger than 1,000 square feet, whichever is less. The area regulations in this subdivision may be exceeded by approval of a conditional use permit in accordance with Section 1001.07, Subd. 04.G. of this Chapter.

   G.   Building Height. Detached accessory buildings shall not exceed one story or fifteen (15) feet in height. The height limitations may be exceeded by approval of a conditional use permit in accordance with Section 1001.07, Subd. 4.G. of this Chapter. (Ordinance 15-01, adopted February 24, 2015)

   H.   Conditional Use Permits. Applications for a conditional use permit under this Section shall be regulated by Section 1001.03, Subd. 5 of this Chapter. Such applications are subject to the following conditions:

      1.   The area of the accessory building is not larger than the gross floor area of the principal building.

      2.   The height of the accessory building shall not exceed that of the principal building.

      3.   There is a demonstrated need for the building area or height increase and the accessory building has an evident re-use or function related to the principal use.

      4.17   The accessory is of a scale and design that is compatible with the character of the property or neighborhood in which it is located. (Ordinance 18-08, adopted August 15, 2018)

Subd. 5. Residential Outdoor Storage: Except as provided in this section, all outside storage of materials and equipment for residential uses shall be stored within a building or fully screened so as not to be visible from adjoining properties and the public right-of-way, except for the following:

   A.   Clothes lines pole and wire.

   B.   Not more than two (2) currently licensed recreational vehicles, trailers and equipment provided that:

      1.    In the front yard, provided the recreational vehicles and equipment are located on an established driveway that complies with Section 1001.05 of this Chapter and not upon any public right-of-way.

      2.    In the side yard only when abutting an attached or detached garage, provided that:

         a.   The recreational vehicles and equipment are not closer than five (5) feet from the side lot line.

         b.   The area on which the recreational vehicles and equipment are stored shall be surfaced with asphalt, concrete or paving brick.

         c.   The recreational vehicles and equipment shall not be within the setback required from a public right of way for the side yard of a corner lot, except for a side yard when abutting a major collector or arterial street and then may not encroach into a required bufferyard.

      3.    In the rear yard not closer than ten (10) feet from the rear lot line and/or five feet (5) feet from the side lot lines and then may not encroach into a required bufferyard.

   C.   Off-street parking of currently registered and operable passenger vehicles, as in accordance with Section 1001.05 of this Chapter.

   D.   Construction and landscaping material currently being used on the premises.

   E.   Lawn furniture or furniture used and constructed explicitly for outdoor use.

   F.   Exterior storage of firewood for use upon the property upon which it is stored. (Ordinance 18-08, August 15, 2018)

Subd. 6.   Other Uses.7  Except as otherwise noted, accessory buildings and uses for all principal uses other than residential uses shall conform to the setback requirements specified for the respective zoning district in which they are located.

   A.   Findings: The City finds:

      1.   Exterior signs have a substantial impact on the character and quality of the environment.

      2.   Signs provide an important medium through which individuals may convey a variety of messages.

      3.   Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.

      4.   The City's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community.

   B.   Purpose and Intent: It is not the purpose or intent of this Section to regulate the message displayed on any sign; nor is it the purpose or intent of this Section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this Section is to:

      1.   Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare.

      2.   Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community.

      3.   Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics.

      4.   Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the City.

   C.   Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this Section. The effect of this Section, as more specifically set forth herein, is to:

      1.   Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this sign ordinance.

      2.   Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this Section.

      3.   Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare.

      4.   Provide for the administration and enforcement of the provisions of this Section.

Subd. 2.   Severability. If any section, subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Section. The City Council hereby declares that it would have adopted the Section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Subd. 3.   Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved in the City without first securing a permit from the City:

   A.   The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit.

   B.   Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City.

   C.   Application for a permit shall contain the following information unless waived by the City:

      1.   Names and addresses of the applicant, owners of the sign and lot.

      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.   Type and size of sign (e.g., wall sign, pylon sign).

      5.   A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features.

      6.   Plans, location and specifications and method of construction and attachment to the buildings or placement method of the ground.

      7.   Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City.

      8.   Written consent of the owner or lessee of any site on which the sign is to be erected.

      9.   Any electrical permit required and issued for the sign.

      10.   Other information to demonstrate compliance with this and all other ordinances of the City.

   C.   The application shall be accompanied by a fee as established by City Council resolution. Applications for amending administrative permits shall be accompanied by a fee as established by Ordinance.

   D.   The Zoning Administrator shall notify the applicant, in writing, of an incomplete application within fifteen (15) days of the date of submission.

   E.   The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter within sixty (60) days of submission of a complete application.

Subd. 4.   Permit Not Required. The following signs shall not require a permit and are allowed in addition to those signs allowed by Sections 1001.08, Subd. 8 and Subd. 10 of this Chapter. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this Section or any other law or ordinance regulating the same.

   A.   The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere then directly on a building.

   B.   Two (2) signs per property not to exceed four (4) square feet.

   C.   One (1) sign not per property not to exceed nine (9) square feet.

   D.33   All noncommercial signs of any size posted in any number from forty six (46) days before the state primary in a state general election year until ten (10) days following the general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election.

   E.   Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty.

   A.   Nonconforming Signs: A nonconforming sign lawfully existing upon the effective date of this Section shall be regulated in accordance with Section 1001.04 of this Chapter.

   B.   Nonconforming Uses: When the principal use of land is legally nonconforming under Section 1001.04 of this Chapter, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed.

   A.   Inspection. All signs for which a permit is required shall be subject to inspection by the Zoning Administrator. The Zoning Administrator may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Section.

   B.   This Section shall be administered and enforced by the Zoning Administrator. The Zoning Administrator may institute in the name of the City appropriate actions or proceedings against a violator.

   C   The City reserves the right to require the removal, at the owner’s expense, of any sign when the requirements of this section are not completely followed and adhered to, or if a sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign when removed by the City.

   D.   Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this Section shall, upon conviction thereof, be fined or penalized not more than the maximum levels established by the state for misdemeanor offenses.

Subd. 7.   Substitution.  The owner of any sign which is otherwise allowed by this Section may substitute non-commercial copy in lieu of any other commercial or non-commercial 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 non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.

   A.   All signs are defined to be an accessory use.

   B.   All freestanding signs shall be setback ten (10) feet from any property line and no sign may be located within a drainage and utility easement.

   C.   The design and construction standards as set forth in chapter 4 of the 1997 edition of the uniform sign code as may be amended, are hereby adopted.

   D.   The installation of electrical signs shall be subject to the state’s electrical code. Electrical service to such sign shall be underground.

   E.   No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Zoning Administrator.

   F.   No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof.

   G.   Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets.

   H.   The use of banners, pennants and similar devices shall be allowed subject to the following provisions:

      1.   The sign shall not exceed thirty-two (32) square feet.

      2.   The sign shall not be illuminated with any flashing device.

      3.   Not more than one banner, pennant or portable sign or similar device shall be displayed upon a property at any one time and shall be affixed to the principal building.

   I.   The use of a temporary sign shall be allowed subject to the following provisions:

      1.   Commercial Speech:

         a.   The sign shall not exceed forty-eight (48) square feet.

         b.   The sign shall not be illuminated or include any flashing device.

         c.   Not more than one (1) temporary sign shall be displayed upon a property at any one time.

         d.   The sign shall not be defined as an off-premises sign as regulated by this section.

         e.   Display of a temporary portable sign shall be limited to not more than thirty (30) consecutive days and not more than one hundred and twenty (120) days per calendar year.

      2.   Non-Commercial Speech:

         a.   The sign shall not exceed thirty-two (32) square feet.

         b.   The sign shall not be illuminated or include any flashing device.

         c.   Not more than one (1) temporary portable sign shall be displayed upon a property at any one time.

         d.   Display of a temporary portable sign shall be limited to not more than thirty (30) consecutive days and not more than ninety (90) days per calendar year. (Ordinance 12-02, June 12, 2012)

   J.   The use of a temporary off-premises signs shall be allowed subject to the following provisions:

      1.   The sign must be located on a commercial or industrial zoned lot in a yard abutting an arterial or major collector street as designated by the Comprehensive Plan.

      2.   The sign shall not exceed four (4) square feet.

      3.   The sign shall not exceed a height of three (3) feet above grade.

      4.   The sign shall not be illuminated or include any flashing device.

      5.   Not more than one (1) temporary off-premises sign shall be displayed upon a property at any one time and the sign may only be displayed between the hours of 7:00 AM to 7:00 PM each day.

      6.   A permit issued by the Zoning Administrator for the placement of a temporary off-premises sign shall be valid for thirty (30) days and may be renewed for successive thirty (30) day periods.

   K.   No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.

   L.   A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding twenty (20) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district.

   M.   Except for farm buildings, at least one address sign identifying the correct property number as assigned shall be required on each principal building in all districts. The number shall be at least three (3) inches in height.

   N.   The area within the frame of a sign shall be used to calculate the square footage except that the width of a frame exceeding twelve (12) inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame the dimensions for calculating the square footage shall be the area extending six (6) inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, free-standing structures, suspended by balloons, or kites or on persons, animals, or vehicles are considered a sign and are included in calculating the overall square footage.

   O.   The top of a sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached.

   P.   The area around freestanding signs shall be landscaped with plantings and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site.

   Q.   Signs for motor fuel stations shall be regulated by the sign provisions for the zoning district in which the station is located, except that one (1) additional sign not to exceed thirty-two (32) square feet shall be allowed to display electronic or non-electronic text identifying current fuel prices in accordance with Minnesota State Statutes Section 239.751.

   R.   Window signs shall not exceed twenty five (25) percent of the total area of the window in which they are displayed.

   S.   Within the POC District and on commercial and industrial zoned properties with frontage to TH 55, changeable copy signs or electronic reader board space may be used separately or in combination on a sign shall not exceed fifty (50) percent of the allowable sign area, whichever is less. The message displayed on electronic reader board signs shall be depicted in one statement and not as scrolling, flashing or other flow of information not to change more than once every two (2) minutes.

   T.   Multiple Occupancy Commercial And Industrial Buildings: When a single principal building is devoted to three (3) or more commercial or industrial uses, signs shall be allowed subject to review and approval of the Zoning Administrator based upon the following requirements:

      1.   The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in Section 1001.08, Subd. 10 of this Chapter.

      2.   Commercial retail, office, or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in Section 1001.08, Subd. 10 of this Chapter.

      3.   Individual tenants of a multiple occupancy building within a commercial or industrial zoning district shall not display separate wall, canopy, or marquee signs unless the tenant's business has an exclusive exterior entrance and subject to the following requirements:

         a.   The number of individual wall, canopy, or marquee signs shall be limited to one (1) per tenant space, except that not more than two (2) signs may be displayed for the tenant of a corner suite or a suite that extends through the building thus having two exterior walls.

         b.   Each wall, canopy or marquee sign shall be limited to an area not to exceed sixty four (64) square feet.

         c.   The sign shall be located only on the exterior wall of the tenant space to which the sign permit is issued, but are not required to face a public street.

         d.   A comprehensive sign plan is submitted that includes all of the following information:

            (1)   A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan.

            (2)   Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs.

            (3)   To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any).

         f.   No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan.

   U.33   No sign shall be erected within the public right-of-way except for those signs for such uses and of such area, height and construction at locations as may be approved by the City Council as owner of said public right-of-way.

Subd. 9.   Prohibited Signs. The following signs are prohibited:

   A.   Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.

   B.33   All signs over one hundred twenty (120) square feet in area, except within the POC District or as allowed by Section 1001.08, Subd. 8.U of this Chapter.

   C.   Off-premises signs, except those allowed by Section 1001.08, Subd. 8.J, I and U of this Chapter. (Ordinance 02-12, adopted June 12, 2012)

   D.   Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures.

   E.   Flashing signs.

   F.   Electronic changeable text, except as specifically allowed by this Chapter.

   G.   Rotating signs.

   H.   Shimmering signs.

   I.   Roof signs.

   J.   Balloon signs.

Subd. 10.   District Regulations. In addition to the signs allowed by Sections 1001.04, Subd. 4 and 1001.08. Subd 6 of this Chapter, the following signs shall be allowed within the specific Zoning Districts:

   A.   Within the A-R District, the following additional regulations apply:

      1.    One (1) sign shall be allowed provided that:

         a.   The area of the sign shall not exceed thirty two (32) square feet.

         b.   Freestanding signs shall be limited to a maximum height of eight (8) feet.

   B.   Within the R-1, R-2, R-3 and R-4 Districts, the following additional regulations apply:

      1.   One (1) sign shall be allowed provided that:

         a.   The area of the sign shall not exceed sixteen (16) square feet.

         b.   Freestanding signs shall be limited to a maximum height of eight (8) feet.

      2.   In addition to the sign allowed by Section 1001.08, Subd. 10.B.1 of this Chapter, signs shall be allowed for a subdivision having not less than five (5) lots or dwelling units at its entrance from a major collector or arterial street defined by the Transportation Plan provided that:

         a.   Not more than one (1) sign shall be allowed at each entrance from a major collector or arterial street.

         b.   The area of each sign shall not exceed thirty two (32) square feet.

         c.   Freestanding signs shall be limited to a maximum height of eight (8) feet.

         d.   For sign(s) requiring regular long-term maintenance, the sign(s) shall be located on separate or common space outlots of sufficient size and area to accommodate said structure:

            1)   An association or other form of deed restriction and ownership deemed acceptable by the Zoning Administrator and involving all the properties within the subdivision shall be required, which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities and other costs associated with the sign(s) and the outlot upon which it is located.

            2)   The association rules or by-laws, or similar legal document, shall specify how the aforementioned sign responsibilities will be delegated and paid for.

            3)   Separate or common space outlots for signs shall be considered and planned for at the time of preliminary plat application and be included in the final plat. The subdivision development contract between the City and the developer shall specify the designated use of the outlot(s), its ownership and the respective responsibilities regarding the outlot.

         f.   The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject approval by the Zoning Administrator.

         g.   The design and construction of the sign shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The sign is to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject approval by the Zoning Administrator.

      3.   Additional signs shall be allowed upon approval of a final plat for a subdivision having not less than five (5) lots provided that:

         a.   One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater.

         b.   The area of the sign shall not exceed thirty two (32) square feet.

         c.   Freestanding signs shall be limited to a maximum height of eight (8) feet.

         d.   The sign shall not be displayed for a period to exceed twenty four (24) months from the date a permit is issued for the sign or until building permits have been issued for eighty-five (85) percent of the lots or dwelling units within the subdivision, whichever is less restrictive.

   C.   Within the C-O and C-1 Districts, the following additional regulations shall apply:

      1.   The total area of all signs displayed on a lot shall not exceed ten (10) percent of the total building façade fronting not more than two (2) public streets.

      2.   Freestanding Sign. Except for lots with frontage to TH 55, no freestanding signs shall be allowed within the C-O District. One (1) sign is allowed per lot with frontage to TH 55 within the C-O District and all lots within the C-1 District. The area of a freestanding sign may not exceed sixty-four (64) square feet each side with a maximum height of twenty (20) feet.

      3.   Wall, Canopy, or Marquee Signs. Not more than one (1) wall, canopy, or marquee signs shall be permitted on one (1) facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street. The area of individual signs shall not exceed sixty four (64) square feet.

      4.   In addition to the sign area allowances established by Section 1001.08, Subd. 10.C.1 of this Chapter, a sign shall be allowed for a subdivision having not less than three (3) lots or principal buildings at its entrance from a major collector or arterial street defined by the Transportation Plan provided that:

         a.   Not more than one (1) sign shall be allowed at each entrance from a major collector or arterial street.

         b.   The area of each sign shall not exceed thirty two (32) square feet.

         c.   Freestanding signs shall be limited to a maximum height of sixteen (16) feet.

         d.   The sign(s) shall be located to accommodate said sign and related landscaping to meet all setback requirements. If the sign(s) are to be located on outlots, the outlots shall be designated on the preliminary plat and detailed plans for the area identification signs shall be submitted with the final plat.

         e.   The area around the sign(s) shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review and approval of the Zoning Administrator.

         f.   The design and construction of the sign(s) shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to the review and approval of the Zoning Administrator.

      5.   Additional signs shall be allowed upon approval of a final plat for a subdivision having not less than three (3) lots or approval of site and building plans for one (1) lot by the Zoning Administrator provided that:

         a.   One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater.

         b.   The area of the sign shall not exceed thirty two (32) square feet.

         c.   Freestanding signs shall be limited to a maximum height of eight (8) feet.

         d.   The sign shall not be displayed for a period to exceed twenty four months (24) months from the date a permit is issued for the sign or until occupancy permits have been issued for eighty-five (85) percent of the tenant spaces within the development, whichever is less restrictive.

   D.   Within the C-2, C-3 and I-1 Districts the following additional regulations shall apply:

      1.   The total area of all signs displayed on a lot shall not exceed fifteen (15) percent of the total building façade fronting not more than two (2) public streets.

      2.   Freestanding Sign. One (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred twenty (120) square feet each side with a maximum height of twenty four (24) feet.

      3.   Wall, Canopy, or Marquee Signs. Not more than one (1) wall, canopy, or marquee signs shall be permitted on one (1) facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street. The area of individual signs shall not exceed one hundred (100) square feet.

      4.   In addition to the sign area allowances established by Section 1001.08, Subd. 10.D.1 of this Chapter, a sign shall be allowed for a subdivision having not less than three (3) lots or principal buildings at its entrance from a major collector or arterial street defined by the Transportation Plan provided that:

         a.   Not more than one (1) sign shall be allowed at each entrance from a major collector or arterial street.

         b.   The area of each sign shall not exceed sixty four (64) square feet.

         c.   Freestanding signs shall be limited to a maximum height of twenty four (24) feet.

         d.   The sign(s) shall be located to accommodate said sign and related landscaping to meet all setback requirements. If the sign(s) are to be located on outlots, the outlots shall be designated on the preliminary plat and detailed plans for the area identification signs shall be submitted with the final plat.

         e.   The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review and approval of the Zoning Administrator.

         f.   The design and construction of the sign shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to the review and approval of the Zoning Administrator.

      5.   Additional signs shall be allowed upon approval of a final plat for a subdivision having not less than three (3) lots or approval of site and building plans for one (1) lot by the Zoning Administrator provided that:

         a.   One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater.

         b.   The area of the sign shall not exceed sixty four (64) square feet.

         c.   Freestanding signs shall be limited to a maximum height of eight (8) feet.

         d.   The sign shall not be displayed for a period to exceed twenty four months (24) months from the date a permit is issued for the sign or until occupancy permits have been issued for eighty-five (85) percent of the tenant spaces within the development, whichever is less restrictive.

   G.   Within the POC District the following additional regulations shall apply:

      1.   Freestanding Sign. One (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty four (24) feet.

      2.   Wall, Canopy, or Marquee Signs. Not more than one (1) wall, canopy, or marquee signs shall be permitted on one (1) facade fronting a public street, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street. The area of individual signs shall not be limited.

   H.   In a Planned Unit Development district, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed.

   A.   Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established elevation or the property line, one story in addition to the number permitted in the district in which the lot is located shall be permitted on the downhill side of any building.

   B.   Height limitations set forth elsewhere in this chapter may be increased by one hundred (100) percent when applied to the following:

      1.   Monuments.

      2.   Flagpoles.

      3.   Cooling towers. (Ordinance 13-02, adopted May 14, 2013)

   C.   Height limitations set forth elsewhere in this Chapter may be increased when applied to the following:

      1.   Church spires, belfries, or domes which do not contain usable space.

      2.   Water towers.

      3.   Chimneys or smokestacks.

      4.   WECS as regulated by this Chapter.

      5.   Satellite dishes, radio and television towers as regulated by this Chapter.

      6.   Personal wireless communication towers. (Ordinance 13-02, adopted May 14, 2013)

   D.   Height limitations set forth in this chapter may be increased to a greater height provided the following conditions are met:

      1.   No increase in height limitations shall be allowed, except by conditional use permit, thereby required to meet the standards set forth for conditional uses.

      2.   The building or portion thereof with increased height shall not be adjacent to nor closer than two hundred feet to any adjacent structure.

      3.   Where an increase in the height limitation is allowed under this subdivision, the building or portion thereof shall be set back from all side and rear lot lines an additional distance of one foot that the building exceeds the height limitation of the district in which it is located.

      4.   A site plan for the proposed building shall be submitted along with the application for conditional use permit. Such site plan shall show the location and extent of the proposed building, parking, loading, access drives, landscaping, and any other improvements. Upon consideration by the Planning Commission and subsequent approval by the council, said site plan shall be attached to and become a part of change to the site plan shall require a resubmission to the Planning Commission and subsequent approval by the council.

   E.   Satellite dishes, television receiving antennas, and radio receiving antennas shall be a permitted use within all zoning districts, provided that they meet the following conditions:

      1.   The dish or antenna shall not exceed fifteen (15) feet in height.

      2.   The dish or antenna shall not exceed twenty (20) feet above the roof line.

      3.   No dish or antenna shall be located within the required front yard setback or required side yard setback abutting a street.

      4.   For ground mounted satellite dishes, television antennas or radio antennas in the A-R district shall be setback from all adjoining lots a distance equivalent to one-half (1/2) the height of the structure; shall be located at least ten (10) feet away from any other building or structure and shall not be located within a utility easement.

      5   In all districts other than the A-R district, ground mounted satellite dishes, television antennas, or radio antennas shall be setback from all adjoining lots a distance equivalent to the height of the structure. Such structures shall be located ten (10) feet or more from any other building or structure and shall not be located within a utility easement.

      6.   Lighting Protection. Each satellite dish, television antenna or radio antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Rockford.

      7.   Satellite dishes, television antennas or radio antennas which exceed height limitations specified herein may be allowed by conditional use permit as provided in Section 1001.03, Subd. 5 of this Chapter. (Ordinance 13-02, adopted May 14, 2013)

   A.   Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications:

      1.   Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches.

      2.   Fire escapes may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches.

      3.   A landing place or uncovered porch may extend into the required front yard a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing may be placed around such place.

      4.   The above listed architectural features may also extend into any side or rear yard to the same extent.

      5.   When a future public street alignment and/or right-of-way width is known based on the Transportation Plan, the front yard setbacks of a proposed structure shall be measured from the known future right-of-way.

   B.   On double frontage lots, the required front yard shall be provided on both streets.

   D.   Visibility from any street or driveway shall be unobstructed above a height of three (3) feet, measured from where both street or driveway centerlines intersect within the triangle described as beginning at the intersection of the projected curb line (or edge of shoulders for rural sections) of two (2) intersecting streets or drives, thence forty five (45) feet along one curb line, thence diagonally to a point forty five (45) feet from the point of beginning along the other curb line.

   E.   The rear yard setback for any accessory building on a lot where the rear yard opens into an alley may be reduced to not less than five (5) feet subject to the following qualifications:

      1.   If the door of any attached or detached garage opens toward an alley the minimum setback shall be fifteen (15) feet.

   F.   Required Buffer Yards.

      1.   Purpose. Buffer yards are required as to reduce the negative impacts that result when incompatible uses abut one another.

      2.   The following table lists the minimum buffer yard requirements dependent upon the intensity of the conflict of the abutting uses:

 

 

         a.   Minimum building setback measured from the abutting property line.

         b.   Minimum landscaped yard measured as extending perpendicular from the abutting property line and extending along length of property line. Half of the required distance on each side of the property line and extending the length of the property line.

         c.   Plant units are a quantitative measure of the required plantings for the minimum landscaped yard.

            1)   Plant unit value shall be assigned as follows:

 

 

            2)   The number of plantings required shall equal or exceed the number of required plant units based upon the values assigned in Section 1001.02, Subd. F.2 of this Section.

            3)   The property owners on both sides of the abutting property line for which the buffer yard overlays shall each be responsible for fifty (50) percent of the required planting required for the length of the abutting property line.

      3.   Minimum Required Buffer Yard. The following table represents the type as specified by Section 1001.09, Subd. 2.F.2 of buffer yard required for abutting incompatible uses:

      MINIMUM REQUIRED BUFFER YARD

 

 

      4.   The size and type of required plantings shall be according to Section 1001.09, Subd. 3B.2 of this Chapter.

      5.   Existing trees or vegetation within a required minimum landscape yard preservation may substitute for required plants. The number of plant units required shall be proportionately reduced according to the number of trees or vegetation preserved.

      6.   The location of an opaque fence or earth berm of at least five (5) feet in height within a required landscaped yard shall be considered credit toward the plant unit requirement. The number of required plant units shall be reduced by fifty (50) percent.

         a.   All fences shall be subject to the requirements of Section 1001.09, Subd. 11 of this Chapter.

   7.   Development of Vacant Property.

         a.   The owner of a vacant property which would require a buffer yard under the terms of this Ordinance shall be required to install one-half (1/2) of the width and intensity of the required buffer yard along the entire length of the abutting property line in all cases except for the following:

         b.   When a vacant property abuts property that has already developed more than fifty (50) percent of the length of the abutting vacant property line by footage, the owner/developer of the vacant parcel will be required to install the entire width and intensity of buffer yard as determined in this Ordinance.

      8.   Existing Development. Any existing development adjacent to property developed in accordance with Section 1001.09, Subd. 2.F.7.a shall be considered exempt from the provisions of said ordinance until such time as the property or development is substantially altered, remodeled, or expanded. At such time, the existing development shall provide the remaining one-half (1/2) of the buffer yard improvement.

      9.   The criteria for the submission requirements and approval of a buffer yard landscape plan shall be according to Section 1001.01, Subd. 3 of this Chapter. (Amended by Ordinance No. 99-06, passed October 18, 1999). (Ordinance 13-02, adopted May 14, 2013)

   A.   Landscaping, General Residential.

      1.   Except as may be otherwise provided by development contract or approval by the City Council, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, building site and/or other requirements shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping prior to the date of building occupancy. Fences or trees placed upon utility easements are subject to removal at the cost of the property owner if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed twenty (20) feet in height. (The planting of large trees is not recommended under overhead wires.) The amount of hard surfacing provided on a lot shall be limited to the size and area necessary to accommodate ordinance requirements and allowances.

      2.13   For all residential lots:

         a.   At least two (2) two-inch caliper trees per unit will be required to be planted within one (1) year following the date of occupancy following initial construction, unless more are required as part of the development agreement.

         b.   The builder or developer shall provide evidence that required planting will occur within the prescribed time prior to occupancy of any structure. Such evidence may be a landscape guarantee provided by a third party, such as the prior owner or developer, or a contract for landscaping held by the owner.

         c.   If two (2) or more existing significant trees are preserved in the front yard of the lot, the landscape plan requirement of two 2) 2-inch caliper trees is waived.

   B.   Landscaping, New Residential Subdivision, Semi-Public, and All Income Producing Property Uses. (Excluding residential structures containing less than four (4) dwelling units.) Prior to approval of a building permit, all above referenced uses shall be subject to mandatory landscape plan and specification requirements.

      1.   Said landscape plan shall be developed with an emphasis upon the following areas:

         a.   The boundary or perimeter of the proposed site at points adjoining other property.

         b.   The immediate perimeter of the structure.

         c.   The perimeter of parking and loading areas.

      2.7   All landscaping incorporated in said plan shall conform to the following standards and criteria:

         a.   All plants must at least equal the following minimum size:

 

         b.   Spacing.

            1)   Plant material centers shall not be located closer than three (3) feet from the fence line or property line and shall not be planted to conflict with public plantings based on the judgment of the Zoning Administrator.

            2)   Where plant materials are planted in two (2) or more rows, plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.

            3)   Where massing of plants or screening is intended, large deciduous shrubs shall not be planted more than four (4) feet on center, and/or evergreen shrubs shall not be planted more than three (3) feet on center.

         c.   Types of New Trees. Plantings, suitable trees include:

 

         d.   Design.

            1)   The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes).

            2)   All areas within the property lines (or beyond, if side grading extends beyond) shall be treated. All exterior areas not paved or designated as drives, parking or storage, must be planted into ornamental vegetation (lawns, ground covers or shrubs) unless otherwise approved by the Zoning Administrator.

            3)   Turf slopes in excess of 2:1 are prohibited unless approved by the Zoning Administrator. (Ordinance 13-02

            4)   All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting.

            5)   All buildings must have an exterior water spigot to ensure that landscape maintenance can be accomplished.

         e.   Landscape Guarantee: All new plants shall be guaranteed for two (2) full years from the time planting has been completed. All plants shall be alive and in satisfactory growth at the end of the guarantee period or be replaced.

         f.   Existing Trees:

            1)   With respect to existing trees in new developments, all trees on the site are to be saved which do not have to be removed for street, buildings, utilities, drainage or active recreational purposes.

            2)13   Protection of significant trees to be saved shall include, but are not limited to the following methods:

               a)   Installation of snow fencing or polythylene laminar safety netting at the drip line before any grading or construction begins and remaining in place until all grading and construction is terminated.

               b)   No grade change, construction activity, or storage of fill, materials, or equipment shall occur within the fenced area.

               c)   Installation of erosion control measures is required.

               d)   Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints is required.

               e)   Pruning of oak trees must not take place from April 15 through July 1. If wounding of oak trees occurs, a nontoxic tree wound sealant must be applied immediately.

   A.   In all classes of commercial and industrial districts, open storage or display of materials in any required front, side, or rear yard shall be prohibited. Any other outside storage shall be located or screened with an adequate buffer so as not to be visible from any of the residential districts, adjoining property, or public streets. (Ordinance 18-08, adopted August 15, 2018)

   A.   Intent. The City recognizes that many existing platted residential lots within the City are not able to meet the City's present requirements with respect to lot area, depth, area, width, coverage and setbacks. Land owners initiating plans to make improvements to, or to develop or redevelop these lots often create the need for the City to grant variances to the Zoning Ordinance to relieve some hardship caused by the strict enforcement of the City's Zoning Ordinance when applied to these lots.

   B.   Criteria. A lot or parcel of land which has been platted on, or prior to, June 1, 1989, shall be deemed a buildable lot and may be used for single family detached dwelling purposes provided:

      1.   The lot has frontage on a public right-of-way;

      2.   The lot is within the current R-1 district and does not meet the requirements of the city zoning ordinance, Section 1001.12, Subd. 6 and 7, as to lot area, depth, width, coverage and setbacks;

      3.   It can be demonstrated that City sewer and water has been or shall be properly installed;

      4.   The measurements of the lot's area, depth, width, coverage and setbacks are all within seventy percent (70%) of the requirements of of the respective Zoning District in which the lot is located. (Ordinance 13-02, adopted May 14, 2013)

   A.14   Any person desiring to improve property shall submit to the Building Official a Certificate of 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 Code provisions.

   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 Comprehensive Plan and to the system and standards employed by the City. Furthermore, all buildings shall be placed so that they will not obstruct future utility routes or the potential resubdivision of the property.

   C.   Except in the case of a PUD, Planned Unit Development District, not more than one principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning as defined in Section 1001.02. In case of doubt or on any questions or interpretation, the decision of the Zoning Administrator shall be final, subject to the right of appeal.

   D.14   On a through lot, both street lot lines shall be front yards for applying the yard and parking setback regulations of this Chapter.

Subd. 7.   Dwelling Restriction. No garage, accessory building, tent or motor home, camper, ice house or similar accessory structure or recreational vehicle shall at any time be used as living quarters, temporarily or permanently. Tents, playhouses or similar structures may be used for play or recreational purposes. (Ordinance 18-08, adopted August 15, 2018)

   A.   Construction or installation of any pool, tank, depression or excavation in or above ground, including swimming pools, spas and hot tubs but not including stormwater facilities, which causes or has the capacity to retain more than five thousand (5,000) gallons water and a depth greater than thirty (30) inches that is intended to be used by individuals for swimming, wading or immersion purposes shall be subject to review and approval by the Zoning Administrator and Building Official

   B.   An application to construct or install a swimming pool as listed above requires a building permit and shall show:

      1.   The type, size of pool, and volume of water.

      2.   A site plan indicating the following: location of pool, location of house, garage, fencing, and other improvements on the lot, location of filter unit, pump, and wiring indicating the type of such units, location of back flush and drainage outlets, grading of back flush and drainage outlets, grading plan, finished elevations and final treatment (decking, landscaping, etc.) around the pool, location of existing overhead or underground wiring, utility easements, trees, and similar features, and location of any water heating unit.

      3.   The swimming pool is subjected to an annual review by the Zoning Administrator.

   C.   Construction:

      1.   All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to public streets and adjacent private or public property.

      2.   All wiring, installation of heating units, grading, installation of pipes, and all other installations and construction shall be subject to inspection by the Building Official.

      3.   All pools must be inspected prior to initial use or filling.

      4.   Electrical installation shall meet State requirements.

   D.   Location:

      1.   Pools shall not be located within any required front yard and shall not be located within ten (10) feet of any side or rear lot line or within six (6) feet of any principal structure or frost footing.

      2.   Pools shall not be located beneath overhead lines nor over underground utility lines of any type.

      3.   Pools shall not be located within any private or public utility, walkway, drainage or other easement.

      4.   The filler unit, pump, heating unit, and any other noise making mechanical equipment shall be located at least thirty (30) feet from any adjacent or nearby residential structure and not closer than ten (10) feet to any lot line.

      5.   Lighting for the pool shall be directed toward the pool and not toward adjacent property.

   E.   Water Source and Drainage:

      1.   The swimming pool shall be filled only through the property owner's water meter or at the owner’s expense. (Ordinance 13-02, adopted May 14, 2013)

      2.   Back-flush water or water from pool drainage shall be directed toward the sanitary sewer. Water shall not drain onto adjacent or nearby private land.

      3.   Violations of this subsection will result in doubling the water and sewer bill for the amount of water used to fill the pool.

   F.   Access restrictions:

      1.   A structure or safety fence at least four (4) feet in height shall completely enclose the pool at all times and any opening in the fence must include a lockable gate; or,

      2.   A safety pool cover that meets the American Society of Testing and Materials, as approved by the Building Official, shall be required.

      3.   For all above-ground swimming pools utilizing a ladder for pool access, ladders shall be removed from the pool area when not in use to prevent uncontrolled access. (Ordinance #11-08, adopted November 8, 2011)

Subd. 9.   Swimming Pools - Multiple Family Dwelling Areas.

   A.   Private swimming pools which are intended for and used by the occupants of a multiple family dwelling and the guests of the occupants of said dwelling, shall adhere to the following regulations:

      1.   No part of the water surface of the swimming pool shall be less than fifty (50) feet from any lot line.

      2.   No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located less than forty (40) feet from any lot line.

      3.   The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including, but not limited to, landscaping shall be placed between the pool area adjacent single family lines district lot lines.

      4.   All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pools shall be located at least thirty (30) feet from any lot in an adjacent single family district.

      5.   Approval by the State Health Inspector must be obtained prior to construction and a copy retained at city hall.

      6.   All pools within the city shall be subject to all rules and statutes of the State of Minnesota.

   A.   Required structure or safety fencing shall be completely installed within one (1) week following the installation of the pool.

   B.   Nuisances such as undue noise, lighting of adjacent property, health and safety hazards, damage to nearby vegetation, and the like, shall not be permitted.

   C.   Drainage of pools into public streets or other drainage ways shall not be allowed without the sewer treatment superintendent's supervision.

   A.   Approval Required. No person shall hereafter construct or cause to be constructed or erected within the City any fence without first making an application for and securing approval by the Zoning Administrator.

   B.   Location. All boundary line fences shall be located entirely within the private property of the person, firm or corporation constructing or causing the construction of such fence.

   C.   Installation and Maintenance.

      1.   Every fence shall be constructed in a professional and substantial manner and of substantial material limited to maintenance free material or weather resistant wood, such as pressure treated lumber, cedar or redwood, reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence is located and shall not cause blight or a negative impact.

      2.   Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is or has become dangerous to the public safety, health or welfare is a public nuisance, and the City shall commence proper proceedings for the abatement thereof.

      3.   All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced.

      4.   All fences require approval from the Zoning Administrator prior to installation and construction.

   D.   Access. All fences shall be provided with a gate which affords reasonable and convenient access for public safety.

   E.   Fences Prohibited. Barbed wire fences and electric fences shall be prohibited within the City except, within the A-R district when related to farming, and hobby farms.

   F.   Drainage and Utility Easements. Fences may be constructed within public and private utility and drainage easements provided that:

      1.   The fence and its design is subject to the approval of the Public Works Supervisor.

      2.   Removal of the fence or a portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. (Amended by Ordinance 2025-04, adopted July 8, 2025)

   G.   Residential District Fences. All residential district fences shall be placed within the property being fenced.

      1.   Front Yards.

         a.   Within front yards or side yards of a corner lot abutting a public right of way the fence shall not exceed forty eight (48) inches in height and shall be at least seventy five (75) percent open space for the passage of air and light except as provided for by Section 1001.09, Subd. 11.F.1.b of this Chapter.

         b.   A fence with a height greater than forty-eight (48) inches and/or less than seventy-five (75) percent open space may be constructed within the required rear yards and side yard of a corner lot abutting collector or arterial street by administrative permit, provided that:

            (1)   The fence does not exceed six (6) feet in height.

            (2)   The fence is setback ten (10) feet from the lot line abutting a collector or arterial street right-of-way.

            (3)   For interior lots, a gate or other opening is to be provided in the fence to allow for maintenance of the street side boulevard.

            (4)   The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend into a required front yard and be no closer to the front lot line than a point intersecting the front line of the principal building.

      2.   Residential Districts - Side Yard. No fence or wall, other than a retaining wall, along a side lot line in a residence district, shall be higher than six (6) feet unless the adjoining lot is not in a residential district.

      3.   Residential Districts - Rear Yard. Fences having a height of six (6) feet or less may be located within the required rear yards in any residence district.

      4.   Fences or walls located in a yard abutting a public alley shall be setback a minimum of ten (10) feet from the property line abutting the public right-of-way and the height of the fence shall not exceed six (6) feet. (Ordinance 18-08, adopted August 15, 2018)

   H.   Non-Residence Districts - Fences and Walls.

      1.   Fences extending across a required front yard or a required side yard which abuts a street on a corner lot shall be at least seventy-five (75) percent open for the passage of air and light and shall maintain the traffic visibility requirements of Section 20-16-8 of this Chapter.

      2.   Business and industrial fences may be erected up to eight (8) feet in height. Fences in excess of eight (8) feet shall require a conditional use permit.

         3.   Fences which are primarily erected as a security measure may have arms projecting into the property on which barbed wire can be fastened commencing at a point at least seven (7) feet above the ground.

      4.   Required walls or fences used as screens between a residence district and a non-residence district shall be of not less than 90% opacity and not less than five, nor more than seven feet in height above the level of the residential district boundary. The height regulations shall not apply to screens of parking and loading areas.

   I.   Plantings. Screen plantings may be substituted for walls or fences, provided such plantings are of such type as to permit a minimum of 90% opacity during all months of the year.

   J.   Exceptions. Walls or fences of lesser or greater heights or planting screens of lesser opacity or otherwise not conforming with the subdivision may be permitted by the Board of Zoning Appeals and Adjustments if there is a finding that the nature of the use being screened is such that a lesser or greater degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residential district, or there is a finding that the screening of the type required by this chapter would interfere with the provisions of adequate amounts of light and air to same said properties. (Ordinance 13-02, adopted May 14, 2013)

   A.   Elevations, Architectural Design, Exterior Facing. The application for a building permit, in addition to other information required, shall include an exterior elevation of the proposed structure that will adequately and accurately indicate the height, size and design and the appearance of all elevations of the proposed building and a description of the construction and indicate that the exterior architectural design, when erected, will not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed or in the course of construction in the immediate neighborhood, nor so at variance with the character of the applicable district as established by the code of the City as to cause a substantial depreciation in the property values of said neighborhood within said applicable district or elsewhere or adversely affect the public health, safety, morals or general welfare.

   B.   Useable Materials.

      1.   All Zoning Districts. Exterior building materials shall consist of materials compatible in grade and quality to the following:

         a.   Brick.

         b.   Natural stone.

         c.   Decorative concrete block.

         d.   Cast in place concrete or pre-cast concrete panels.

         e.   Wood, provided that the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood or cypress.

         f.   Glass curtain wall panels.

         g.   Stucco.

         h.   Vinyl.

         i.   Curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing) provided that such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design.

         j.   Other materials determined by the City Building Official, not including galvanized or unfinished metal.

      2.   All buildings in the C-2, C-3, C-O, I-1 and POS District shall be constructed of solid wall masonry, pre-cast concrete, aggregate panels, or wood frame masonry veneer (excluding stucco). Wood and metal exterior may be allowed as part of window and door frames or fascia treatment of the exterior wall facing design. (Ordinance 13-02, adopted May 14, 2013)

      3.   In the I-1 District, the following materials, in conjunction with the materials in Section 1001.09, Subd. 12.B.2, may be used to a maximum of twenty-five (25) percent of the proposed area if it is coordinated into the architectural design of the structure:

         a.   Wood, provided the surfaces are finished for exterior use and wood of proven, exterior durability is used, such as cedar, redwood or cypress.

         b.   Curtain wall panels of steel, fiberglass, aluminum, (non-structural; non-load bearing) and finished with a durable non-fade surface and their fasteners are of a corrosion resistant design.

         c.   Glass curtain wall panels.

      d.   Stucco.

   C.7   Exceptions to the provisions of Section 1001.09, Subd. 12.B of this Chapter may be granted as a conditional use permit pursuant to Section 1001.03, Subd. 5 of this Chapter, provided that:

      1.   The proposed building materials maintain the quality and value intended by this Section.

      2.   The proposed building is compatible and in harmony with other existing structures within the District and immediate geographic area.

      3.   The provisions of Section 1001.03, Subd. 5.C of this Chapter are considered and determined to be satisfied.

   D.   Appeals. Any person aggrieved by a decision of the building inspector regarding the use of certain materials or regarding questions of architectural design shall be entitled to appeal the building inspector's decision to the council.

   A.   Purpose. The purpose of this Section is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines, substations, and related structures in such a manner that the health, safety and welfare of the City will not be adversely affected. Essential services should also be installed in cognizance of existing and projected demands for such services.

   B.   Administrative Approval Required. All telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33kV, and related structures, when installed in any public right-of-way in any zoning district, shall require by the Zoning Administrator with recommendation from the City Engineer. (Ordinance 13-02, adopted May 14, 2013)

   C.   Procedural Requirements. All telephone lines, pipelines for local distribution, underground transmission lines, overhead electric transmission lines less than 33kV, and related structures, which are extended to serve more than one (1) parcel and are proposed to be installed at locations other than in public right-of-way, shall require approval by the Zoning Administrator with recommendation by the City Engineer based upon the information required to be furnished as outlined in Section 1001.09, Subd. 13.D of this Section. (Ordinance 13-02, adopted May 14, 2013)

   D.   Installation Requirements.

      1.   Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City to review the proposed project and agree to pay all costs incurred by the City in review of the application. (Ordinance 13-02, adopted May 14, 2013)

      2.   The Zoning Administrator shall transmit the map and accompanying information to the City Engineer and/or other staff for review and recommendation regarding the project's relationship to the Comprehensive Plan and/or Ordinances and parts thereof.

      3.   City Staff shall report in writing to the Zoning Administrator their findings as to the compliance of the proposed project with the Comprehensive Plan and Ordinances of the City.

      4.   In considering applications for the placement of essential services, as regulated in this Section, the aforesaid City staff shall consider the effects of the proposed project upon the health, safety and general welfare of the City, as existing and as anticipated; and the effect of the proposed project upon the Comprehensive Plan. In addition, the following specific performance standards shall be reviewed as they may apply to the application:

         a.   Lot Requirements. All lots must meet the dimensional standards of the zoning district with respect to width, area, and structure setbacks from property lines.

         b.   Parking. The site must provide for required off-street parking in conformance with Section 1001.05 of this Chapter.

         c.   Building Materials. The essential service buildings must be constructed with exterior building facades that maintain a high standard of architectural and aesthetic compatibility with surrounding properties and in compliance with standards of this Chapter.

         d.   Screening and Landscaping. Adequate screening and landscaping from neighboring property is provided in accordance with Sections 1001.09, Subd. 19 of this Chapter.

         e.   Site Access. Direct lot access from major collector or arterial streets shall be discouraged and where possible, be provided access through shared access arrangement from an existing curb cut and driveway or a neighboring use. Direct lot access from a minor collector or local street may be allowed, provided the curb cut access complies with the standards outlined in Section 1001.04 of this Chapter.

         f.   Unless otherwise approved by the City Council, all equipment shall be completely enclosed in a permanent structure with no outside storage.

      5.   Upon receiving the recommendations of the staff, the City Council may issue a special permit for the installation and operation of the applicant's essential services. If the staff reports regarding said permit cause the City Council to deny its issuance, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in Section 1001.03, Subd. 03 of this Chapter.

   E.   Conditional Use Permit Required.

      1.   All receiving or transmission facilities (i.e., facilities not required for local distributing network) and overhead transmission and substation lines in excess of 33kV and up to 100kV shall be a conditional use in all districts subject to the following requirements:

         a.   Adherence to all applicable Federal Aviation Administration (FAA) and State performance standards.

         b.   The performance standards as specified in subsection 3 of this Section are adhered to.

         c.   The procedural and review standards for conditional use permits are followed as specified in Section 1001.03, Subd. 5 of this Chapter.

         d.   Any alteration of an existing use (i.e., building expansion, change/intensification in use, etc.) involving items not identified upon initial approved plans shall require a conditional use permit amendment.

      2.   Lots reserved specifically for essential services, whether of record, or newly subdivided, may be less than the specified dimensions of the applicable zoning district, both in area and width as a conditional use, under the following stipulations:

         a.   The lot is of sufficient dimensions to allow the setbacks from all property lines to be equal to height of the various structures on the parcel or the setback requirements of the district, whichever are greater. Lesser structure setbacks may be allowed by the City Council upon demonstration that the facility's design is such that the collapse of said structure will not endanger surrounding property. In no case shall the setbacks be reduced to less than that required by the individual districts.

         b.   Applications for subdivision of new lots under this provision are accompanied by the appropriate conditional use permit applications.

         c.   A restrictive covenant, removable by the City, is recorded against a parcel which prohibits any sale, transfer, or use other than for an essential service as defined in the City ordinances so long as the parcel is substandard in size, according to the applicable zoning districts.

         d.   In the event of abandonment of the essential service for any reason on the substandard lot, all equipment, structures, cables, buildings or any other improvements to the property shall be removed from said property within a period of three (3) months. At the end of three (3) months, if the above listed items have not been completely removed, the City may enter said property and remove any of the above listed items and improvements and charge said costs to the owners) of the property, and any such unpaid charge shall be a lien against the affected property, including any and all administrative, legal and other fees expended by the City in enforcing this provision.

         e.   The procedural and review standards for conditional use permits are followed as specified in Section 1001.03, Subd. 5 of this Chapter.