Sandstone City Zoning Code
GENERAL PROVISIONS
§ 163.001 TITLE.
This chapter may be cited and referred to as the “Zoning Ordinance of the City of Sandstone”. This chapter is adopted pursuant to the authority granted by M.S. § 462.357, as it may be amended from time to time.
(Prior Code, § 515.01) (Ord. 02-03, passed 10-16-2002; Ord. 20210120, passed 1-20-2021)
§ 163.002 PURPOSE.
The purpose of this chapter is to promote the public health, safety, morals and general welfare and, more specifically, to achieve the following goals:
(A) To develop a community that provides a full range of opportunities for personal development and participation in community affairs;
(B) To promote the orderly development of the city;
(C) To improve and ensure safety in transportation movements, especially within neighborhoods;
(D) To improve safety from fire and other dangers;
(E) To control the density of development in the city so that property can be adequately served by such governmental facilities, such as streets, schools, recreation, fire protection and utility systems;
(F) To ensure that the ecology and natural environment of the city is protected;
(G) To build a distinctive physical environment through a desirable and workable arrangement between natural features, land uses and the transportation system;
(H) To promote an economic base capable of supporting a desirable standard of living for city residents;
(I) To upgrade the city’s image;
(J) To conserve the value of the city’s land and structures;
(K) To provide every resident of the city with the choice of a decent home suited to varied needs in a suitable environment for daily living;
(L) To achieve the goals and policies set forth in the municipal comprehensive plan; and
(M) To guide and direct new growth and avoid leap-frog and scattered development.
(Prior Code, § 515.01) (Ord. 02-03, passed 10-16-2002; Ord. 2007-12, passed 6-20-2007; Ord. 20210120, passed 1-20-2021)
§ 163.003 APPLICATION.
(A) This chapter applies to land located within the corporate limits of the city and to land outside those boundaries if appropriate action is taken by the city as provided by law.
(B) This chapter applies to unincorporated territory in Sandstone Township; provided that, Sandstone Township or Pine County have not adopted zoning regulations that are applicable to these areas.
(C) The provisions of this section are the minimum requirements for the promotion of the public health, safety, and general welfare. Where a condition imposed by a provision of this section on land is either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this section or of any other applicable law, ordinance, resolution, rule or regulation, the regulations that are more restrictive and impose higher standards or requirements control.
(Prior Code, § 515.03) (Ord. 02-03, passed 10-16-2002; Ord. 2007-12, passed 6-20-2007; Ord. 20210120, passed 1-20-2021)
§ 163.004 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structure, or portion of a structure, subordinate to and serving the principal use on the same lot.
AGRICULTURAL USES. The growing of produce on farms, including, but not limited to, field crop farming, fruit growing, nurseries without buildings, truck gardening or one roadside stand for the sale of products grown on the premises.
ALLEY. A public or private right-of-way of at least 20 feet in width designed to provide a secondary access to abutting property.
ALTERATIONS. A change, addition or modification in:
(1) Construction or type of occupancy; or
(2) Structural members of a building, such as walls or partitions, columns, beams or girders.
APARTMENT. A room, or multi-room living area with a kitchen; the term includes a unit in buildings with two or more dwelling units.
BASEMENT, CELLAR. The portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
BLUFF.
(1) A topographic feature such as a hill, cliff or embankment, having the following characteristics:
(a) Part or all of the feature is located in a shoreland area;
(b) The slope rises at least 25 feet above the normal high water mark of the waterbody;
(c) The grade of the slope from the toe of the bluff to a point 25 feet or more above the normal high water mark averages 30% or greater; and
(d) The slope must drain toward the water body.
(2) An area with an average slope of less than 18% over a distance of 50 feet or more is not considered part of the BLUFF.
BUILDING. A structure having a roof built for the shelter or enclosure of persons, animals or materials.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the HEIGHT may be measured from the average ground level of the grade at the building wall.
BUSINESS. An establishment, occupation, employment or enterprise in which merchandise is manufactured, exhibited, stored, sold or where services are offered for sale.
CLUB or LODGE. A non-profit association of persons who are bona fide members paying dues.
COMPREHENSIVE PLAN. The municipal comprehensive plan consisting of a compilation of goals, statements, standards, programs and maps for guiding the physical, social and economic development of the city and its environment, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONDITIONAL USE. A use classified as conditional generally may be appropriate or desirable in a specified zone, but requiring special approval because if not carefully located or designed, it may cause special problems such as excessive height or bulk or traffic congestion.
CORNER LOT. A lot within a plat that is bounded on two sides by intersecting streets.
DWELLING, DWELLING UNIT. A residential building or portion thereof, not including hotels, motels, boarding or rooming houses, nursing homes, tourist homes, recreational vehicles or tents.
EASEMENT. A grant by a property owner for a specific use by persons or agencies other than the owner.
EFFECTIVE DATE OF THIS CHAPTER. October 24, 2002.
ESSENTIAL SERVICES. Overhead or underground systems and structures used by public utilities or governmental departments or commissions for the purposes of providing electric, gas, steam, water, sanitary sewer, telephone, cable television and Internet services or other services required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, vaults, laterals, cables (including fiber optic cables), fire alarm boxes, police call boxes, stations, substations, switching and relay facilities, water and sewage pumps, lift stations and accessories in connection therewith, but not including buildings or structures that are specifically described in this definition. ESSENTIAL SERVICES do not include antennas or towers that are regulated by Chapter 159 of this code of ordinances.
EXTERIOR STORAGE. (Including open storage.) The storage of goods, material, equipment, except common household gardening and ground care.
FAMILY. One person or two or more persons living together as a single housekeeping unit.
FARM. A tract of land, which is principally used for agricultural purposes such as the production of crops, livestock or poultry farming; the term includes agricultural, dwelling and accessory buildings and structures necessary to the operation of the FARM.
FINAL PLAT. The map or plan of record of a subdivision, and any accompanying material required by the City Council.
FLOOR AREA.
(1) For the purpose of calculating the number of off-street parking spaces required, FLOOR AREA means the sum of the gross horizontal area of the floors of a building measured to the centers of all partitions, except areas used for storage, building maintenance, toilets, window show cases, dressing rooms, employees’ cafés, conference rooms or utilities.
(2) For all other purposes, FLOOR AREA means the sum of the gross horizontal area of the floors of a building measured to the centers of partitions. The FLOOR AREA of a residence does not include the area of attached garages, enclosed breezeways, porches, basements or cellars, or any area used for retailing activities, the production or processing of goods or offices.
FRONTAGE. The boundary of a lot that abuts an existing or dedicated public street.
GARAGE, PRIVATE. An accessory building or accessory portion of the principal building that is used to store automotive vehicles or recreational equipment by a resident of the property.
GARAGE, REPAIR. A building for the repair or maintenance of motor vehicles; the term does not include factory assembly of such vehicles, auto wrecking yards or junk yards.
GRADE. The slope of a road, street or other public way, specified in percent of the feet of vertical change in elevation for each 100 feet horizontally.
HOME OCCUPATION.
(1) A use of commercial nature conducted by an occupant entirely within the dwelling or accessory buildings which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character thereof.
(a) HOME OCCUPATION, TYPE 1. A home occupation, the commercial nature of which involves providing a service to a limited number of people who are predominantly acquaintances. Generates less than ten auto trips per week. No employees beyond owner. No signage or other advertising done either on- or off-premise. Would include businesses that are similar in nature to tutoring or music lessons performed on an individual basis. (Allowed in all Residential, Historic Downtown, and Highway Mixed-Use Districts.)
(b) HOME OCCUPATION, TYPE 2. A home occupation, the commercial nature of which involves providing a service to people or organizations that do not receive the service at the property from which is it being provided. Generates less than 25 auto trips per week, including deliveries and employees. No more than two employees, in addition to the owner, working on site. No signage done either on or off-premise. Would include businesses that are similar in nature to telephone sales, consulting, or web design. (Allowed in all Residential, Historic Downtown and Highway Mixed-Use Districts.)
(c) HOME OCCUPATION, TYPE 3. A home occupation, the commercial nature of which involves providing a service or product to people or organizations within the home. Generates less than 60 auto trips per week, including deliveries. No more than two employees, in addition to the owner working on site. May include on-premise signage. May include retail sales of items manufactured on-premise. Would include businesses that are similar in nature to chiropractic service, artist studio or craft shop. (IUP required in all Residential Districts; allowed in Historic Downtown, Highway Mixed Use, and Prospective Interchange Districts.)
(d) HOME OCCUPATION, TYPE 4. A home occupation, the commercial nature of which involves providing a service or product to people or organizations off site. Generates less than 60 auto trips per week, including deliveries. All employees do the majority of their work off-premise. May include on-premise storage or warehousing of work-related materials. Would include businesses that are similar in nature to lawn care services and off-premise sandblasting services. (IUP required in all Residential and Historic Downtown Districts; allowed in Highway Mixed Use and Prospective Interchange Districts.)
(2) Each HOME OCCUPATION in the city shall require a permit. HOME OCCUPATION permits are not transferable to a new owner/renter/occupant, thus the permit will not run with the property, nor be transferable to a different property.
(3) (a) All business activities, including storage, shall be inside buildings or completely screened from adjacent properties.
(b) All activities shall be clearly incidental to the use of the property for residential purposes. Not more than 25% of the gross floor area of the residence or 50% of the gross floor area of a garage or storage building shall be used for commercial purposes.
(c) No HOME OCCUPATION shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building, does not constitute a nuisance to surrounding properties and will not require any on-street parking facilities.
(d) Not more than two non-residents may be employed on the premises by the HOME OCCUPATION.
(e) On the premises, retail sales will be allowed only of products manufactured on those premises, unless specifically authorized by conditional use permit.
(f) No articles for sale shall be displayed so as to be visible from the street.
(g) All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes or litter.
(h) The HOME OCCUPATION shall not generate more than two customer vehicles at one time. Off-street parking shall be provided, but no more than two spaces shall be allowed for customer use.
(i) No mechanical or electrical equipment shall be used if the operation of the equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered. No equipment shall be used in the HOME OCCUPATION which will create electrical interference to surrounding properties.
(j) A person having a HOME OCCUPATION shall provide proof of meeting the above requirements upon request by the city.
(4) Yard sales and garage sales do not require a HOME OCCUPATION permit, so long as they do not exceed seven cumulative days in one calendar year.
(5) One automobile displayed for sale on a property shall not require a HOME OCCUPATION permit so long as not more than two automobiles are sold over 30 cumulative days per calendar year.
HOTEL. A building which provides a common entrance lobby, halls and stairway and in which people can be lodged.
HORTICULTURE. Uses and structures designed for the storage of products and machinery pertaining to horticultural activities.
INSTITUTIONAL RESIDENTIAL FACILITIES. Nursing homes, certified and non-certified boarding care homes, supervised living facilities, group homes, housing with services establishments, board and lodging facilities (with the exception of hotels, rooming houses and private pay senior housing) and adult foster care homes.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
JUNK YARD. An open area where waste and used materials are bought, sold, exchanged, stored, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, wires and bottles. A JUNK YARD includes an auto wrecking yard, but does not include uses that are entirely within enclosed buildings or city approved recycling centers.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOCAL STREET. A street of limited continuity used primarily for access to the abutting properties and higher order streets.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room, which provides sleeping accommodation, will be counted as one LODGING ROOM.
LONG-TERM CARE FACILITIES. Congregate residential facilities that have a housing with services license from the state that provide or coordinate personal services, 24-hour supervision and assistance (scheduled and unscheduled), activities and health-related services.
LOT. Parcel of land intended for transfer of ownership or for building development.
LOT DEPTH. The shortest distance between the front and rear lot lines, measured at the side yard setback line.
LOT LINE. The lines bordering a lot.
LOT LINE, FRONT. The boundary of a lot abutting a public street right-of-way. In the case of a corner lot, the front is the lot side having the shortest dimension on a public street or the owner may select either street lot line as the FRONT LOT LINE.
LOT LINE, REAR. The boundary of a lot, which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE is a line ten feet in length within the lot, connecting the side lot lines and parallel to the front lot line.
LOT LINE, SIDE. The boundary of a lot that is not a front lot line or a rear lot line.
LOT SPLIT. A subdivision of a platted parcel or parcels of land into two lots along an existing public street not involving the opening, widening or extension of a public street.
LOT WIDTH. The shortest distance between the side lot lines, measured within the first 30 feet of the lot depth, commencing at the front yard setback line.
MANUFACTURED OR MOBILE HOME PARK. A site, lot, field or tract of land under single ownership, designated, maintained or intended for the placement of two or more occupied homes. The term includes buildings, structures, vehicles or enclosures intended for use as part of the equipment of the mobile or manufactured home park.
MOTEL (TOURIST COURT). A building or group of detached, semi-detached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, designed, used or intended to be used primarily for the accommodation of persons with automobiles.
NON-CONFORMING USE. A building, structure or land lawfully occupied by an actual and active use established on the effective date of this chapter that does not conform with the use regulations for the zoning district in which it is located.
NORMAL HIGH WATER MARK. A mark delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the NORMAL HIGH WATER MARK is not evident, setbacks will be measured from the stream bank.
NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within or outside a building for the purpose of landscape construction.
NURSING HOME. A state licensed facility used to provide care for aged or infirm persons who require nursing care and related services as defined by M.S. § 144A.01, as it may be amended from time to time.
OPEN SALES LOT (EXTERIOR STORAGE). A land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for the storing of same under the open sky prior to sale.
PARKING SPACE. A suitably surfaced and permanently maintained area on privately-owned property either within or outside of a building of sufficient size to store one standard automobile.
PLACE OF ASSEMBLY. A building or space that is principally used as a place where people of the same faith or religion regularly assemble for worship.
PLANNED UNIT DEVELOPMENT (PUD). An area of land, controlled by a single entity, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any zoning district.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. Chapter 505, as it may be amended from time to time, and containing all elements and requirements set forth in the city’s subdivision regulations.
PRINCIPAL STRUCTURE OR USE. One which determines the predominant use as contrasted to accessory use or structure.
PROPERTY OWNER; OWNER. The fee owner of land, or the beneficial owner of land whose interest is previously one of possession and enjoyment; the term includes, but is not limited to, vendees under contract for deed and mortgagors.
RECREATIONAL, PUBLIC. Includes all uses such as tennis courts, ball fields, picnic areas and the like; areas commonly provided for the public at parks, playgrounds, community centers and other sites owned and operated by a unit of government for the purpose of providing recreation.
RECREATIONAL VEHICLE. Any watercraft, pull or pop up camper/tent trailer, all-terrain vehicle, motor home, five-foot wheel camper trailer, travel camper trailer, RV or other similar vehicle. A RECREATIONAL VEHICLE does not include enclosed or open utility trailers; provided that, they are not carrying RECREATIONAL VEHICLES.
SERVICE STATION. A place where gasoline, kerosene or other motor fuel lubricating oil or grease for operating motor vehicles is offered for sale to the public, and deliveries are made directly into motor vehicles. The term includes greasing, oiling or the sale of automobile accessories, on the premises, minor repairs, incidental body and fender work, painting and upholstering, the replacement of parts and motor services to passenger automobiles, trucks not exceeding one and one-half tons’ capacity. The term includes major repair, rebuilding or reconditioning of engines, motor vehicles or trailers, body or frame repair or spray painting.
SETBACK. The minimum distance between a structure or sanitary facility and a road, highway or property line.
STREET. A public or private right-of-way that permits access by vehicles to abutting properties.
STREET, MAJOR or THOROUGHFARE. A street that serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and other heavy traffic generating areas or both.
STREET WIDTH. The distance between the lines delineating the right-of-way of a street, including boulevards.
STRUCTURE. Any thing constructed, the uses of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels by a plat, lot split or registered land survey. The term includes re-subdivision and, when appropriate to the context, will relate to the process of subdividing or to the land subdivided.
TOWNHOUSE. A single-family building attached by common walls with other single-family buildings, and oriented so that exits open to the outside.
THOROUGHFARE. An arterial street.
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.
WAREHOUSING. The storage of materials or equipment within an enclosed building.
YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky, except as permitted in this chapter. The YARD extends along the lot line at right angles to the lot line to a depth or width specified in the setback regulations for the zoning district in which the lot is located. For earth-sheltered buildings and buildings covered with earth berms, the line of the building is measured from the exterior surface of the building regardless of whether it is above or below grade.
YARD, FRONT. The yard extending between side lot lines across the front of a lot from the principal structure to the street right-of-way.
YARD, REAR. A yard extending between the side yard lines across the rear of the lot from the principal structure to the rear lot line.
YARD, SIDE. A yard extending between the principal structure and the side of lot lines and the front and rear yards.
ZONING ADMINISTRATOR. The person charged with enforcement of this chapter.
ZONING DISTRICT. An area within which the regulations and requirements governing use are uniform.
(Prior Code, § 515.01) (Ord. 02-03, passed 10-16-2002; Ord. 2010-01, passed 2-17-2010; Ord. 2011-04, passed 4-20-2011; Ord. 2013-03, passed 10-16-2013; Ord. 2015-04, passed 8-19-2015; Ord. 20210120, passed 1-20-2021; Ord. 20231115-02, passed 11-15-2023; Ord. 20231115-03, passed 11-15-2023)
§ 163.005 OFF-STREET PARKING AND LOADING.
(A) General standards. The following regulations and requirements apply to off-street parking and loading facilities in all zoning districts in the city.
(1) Reduction of existing off-street parking space or lot area. Off-street parking spaces and loading spaces or parking lot areas existing upon the effective date of this section may not be reduced in number or size unless the number exceeds the requirements set forth herein for a similar new use.
(2) Suburban Residential District. Within the Suburban Residential District, off-street parking and any related drives within a parking area may not be located nearer than 20 feet to a street or highway right-of-way.
(3) Historic Downtown District. The off-street parking standards do not apply to properties located in the Historic Downtown District.
(4) Change of use or occupancy of land. A change of use or occupancy of land already dedicated to a parking area, parking spaces or loading spaces may not be made, nor may 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.
(5) Change of use or occupancy of buildings. A change of use or occupancy of a building or buildings, including additions thereto, requiring more parking area is not permitted until there is furnished additional parking spaces required by this section.
(6) Computation of spaces required. In computing the number of parking or loading spaces required, the following rules apply:
(a) Floor space means the gross floor area of the specific use;
(b) Where fractional spaces result, the parking spaces required will be construed to be the nearest whole number; and
(c) The parking space requirement for a use not specifically mentioned herein is the same as required for a similar use as determined by the Zoning Administrator.
(7) Maintenance. The lessee and the owner of the principal use, uses or buildings must maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required screening.
(B) Design of off-street parking and loading space. Off-street parking and loading spaces must be designed as follows.
(1) Generally. Off-street parking areas must be so designed that vehicles are parked in an orderly fashion. Site plans must show proposed parking spaces, driveways, loading areas, landscaping and screening, and the parking area must conform to such site plans. Aisle entrances must be kept clear by appropriate design.
(2) Size. A parking space may not be less than nine feet wide and 20 feet in length and will in no case be less than 180 square feet in area. Access aisles must serve each space adequately.
(3) Surfacing.
(a) Areas intended to be utilized for parking space and driveways must be surfaced with materials suitable to control dust and drainage.
(b) Off-street parking areas, except for single-family residences, must be paved with concrete or plant mixed bituminous surface.
(c) In addition to the minimum number of required parking spaces, 3% of the gross parking area lying more than 20 feet from the street right-of-way must be improved and maintained with landscaping of grass and evergreens or other approved plants or ornamental materials.
(4) Striping. Except for single-, two-family and townhouses, parking stalls must be marked with white painted lines not less four inches wide.
(5) Lighting. Lighting used to illuminate an off-street parking area must be arranged to reflect the light away from adjoining property, abutting the residential uses and public rights-of-way.
(6) Curbing and landscaping. Except for single-, two-family and townhouses, open off-street parking must have a perimeter curb barrier around the entire parking lot, and the curb barrier may not be closer than five feet to any lot line. Grass, plantings or surfacing material must be provided in areas bordering the parking area.
(7) Location. Required parking spaces must be off-street and located on the same lot as the building or use to be served. Required off-street parking spaces may be provided within the principal building for which they are required. Except in the case of single-, two-family and townhouses, parking areas requiring backing into a public street are prohibited.
(8) Americans with Disabilities Act (ADA). ADA standards must be followed where required.
(C) Schedule of off-street parking requirements.
Use | Spaces Required |
Use | Spaces Required |
Apartments and townhouses | 2 per dwelling unit (1 per dwelling unit for elderly/senior apartment buildings) |
Banks | 1 per 150 square feet of floor area |
Barber shops and beauty parlors | 2, plus 1.5 per chair |
Bowling alleys | 5 per lane, in addition to spaces required for restaurant facilities |
Congregate living facilities | 0.4 times maximum lawful number of occupants, plus 1 space for each employee |
Fast food take-out establishments and drive-in restaurants | 0.10 times floor area in square feet in restaurants |
Funeral homes | 1 per 50 square feet of floor area |
Furniture, appliance, household equipment, area carpet and hardware stores, repair, contractor’s showrooms, museums and galleries | 1 per 800 square feet of floor |
Gas stations | 1 per pump, in addition to stopping places adjacent to pumps and in addition to spaces required for retail stores and service establishments |
Hotels/motels/bed and breakfast facilities | 1.2 per room in addition to spaces required for restaurant facilities |
Laundromats | 0.5 per machine |
Long-term care/assisted living facilities | 0.5 per dwelling unit and 1 for each employee on the largest shift |
Medical and dental offices | 1 per 100 square feet of waiting room area and 1 per doctor or dentist employee |
Places of assembly | 0.35 times the seating capacity |
Restaurants (except drive-ins) | 1.2 per 100 square feet of floor area |
Single- and two-family dwellings | 2 per dwelling unit |
Warehouses | 1 per 500 square feet of floor area |
For uses not specifically listed above, the requirements listed below are applicable. | |
Offices | 1 per 300 square feet of floor space |
Other commercial and industrial uses | 0.75 times maximum number of employees on premises at one time |
Retail stores and service establishments | 1 per 150 square feet of floor space and outdoor sales space |
NOTES TO TABLE: When calculation in accordance with the foregoing list results in requiring a fractional space, fraction less than is disregarded and fraction of 1/2 or more requires 1 space. | |
(Ord. 20210721-01, passed 7-21-2021) Penalty, see § 163.999
§ 163.006 FENCES.
(A) General. It is unlawful for any person to erect, place or relocate a fence in the city except in accordance with the provisions of this section.
(B) Permit required. All fences require a fence permit and payment of fees as described in § 36.02 of this code of ordinances. A permit is not required for the maintenance of a fence.
(C) Safety hazards. Fences shall not be erected where they create a visual safety hazard in the opinion of the Zoning Administrator.
(D) Location and orientation.
(1) Fences shall sit on the property of the property owner installing the fence; fences may abut, but not sit directly on side lot lines of adjacent parcels.
(2) The “good side” of the fence shall face abutting properties, meaning that the posts shall face in toward the property on which the fence sits and the finished face of the fence shall face abutting properties. If the fence is within two feet of a property line, the adjoining property owner abutting the fence is allowed to finish the side of the fence facing his or her property.
(E) Maintenance. Fences shall be maintained to retain their aesthetic quality, screening abilities and function. Missing boards, rusting wire and posts and peeling paint shall be taken care of at the owner’s expense as they occur.
(F) District standards: city fence standards. Refer to the following table.
Zoning District | Maximum Height | Setback from ROW | Allowable Material | Prohibited Features | Height at Corner/Traffic Visibility |
Zoning District | Maximum Height | Setback from ROW | Allowable Material | Prohibited Features | Height at Corner/Traffic Visibility |
Highway Mixed Use | 84 inches (7 feet)* | 10 feet** | Metal, wood, concrete, brick, vinyl or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | |||||
Historic Downtown | 72 inches (6 feet)* | 10 feet** | Metal, wood, concrete, brick, vinyl or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | |||||
Industrial | 96 inches (8 feet)* | 10 feet** | Metal, wood, concrete, brick, vinyl, or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | |||||
Professional Light/Industrial Business Park | 96 inches (8 feet)* | 10 feet** | Metal, wood, concrete, brick, vinyl or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | |||||
Prospective Interchange Development District | 96 inches (8 feet)* | 10 feet** | Metal, wood, concrete, brick, vinyl or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | |||||
Public Recreation/Open Space | 72 inches (6 feet)* | 10 feet** | Metal, wood, concrete, brick, vinyl, or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | |||||
Suburban Residential | 72 inches (6 feet)* | 10 feet** | Metal, wood, concrete, brick, vinyl or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | |||||
Traditional Residential | Front yard: 48 inches (4 feet) | 10 feet** | Metal, wood, concrete, brick, vinyl or smooth wire | Barbed or electrified (except where specific approval has been given by the Planning Commission) | Max height of 2.5 feet within 14 feet of the corner (see diagram below) |
Side and rear yard: 72 inches (6 feet)* | Fences, walls, shrub plantings less than 2.5 feet in height are allowed up to the property line | ||||
NOTES TO TABLE: *Maximum height may be increased with approval by the Planning Commission and/or the relevant road authority. **Setback from ROW may be modified by the Planning Commission on a case-by-case basis in circumstances where the ROW extends deep into a property (for example, sometimes the MN DOT ROW will extend excessively onto what would normally be considered a property owner’s yard). | |||||
(G) Traffic visibility diagram.
(Ord. 20210421-03, passed 4-21-2021) Penalty, see § 163.999
§ 163.007 ARCHITECTURAL STANDARDS.
(A) The following architectural requirements shall apply to all residential structures in the city.
(1) All manufactured dwellings must comply with all zoning regulations for the zone in which they are located and they must be built and installed in accordance with M.S. §§ 327.31 to 327.35, as they may be amended from time to time.
(2) A building permit and any other required permit must be obtained.
(3) All dwellings must be placed on permanent foundations that comply with Uniform Building Code and are solid for the complete circumference of the dwelling.
(4) Roof lines of all dwellings must have at least a five-twelfths’ (5/12) pitch.
(5) The side of the structure facing the street must include a functional front entry and window.
(6) The minimum width of all dwellings must be at least 24 feet measured from face of exterior wall across the narrowest portion.
(7) All dwellings must be constructed of conventional exterior dwelling type material. Sheet metal siding or sheet metal roofs are prohibited.
(8) All dwellings must be built according to the Uniform Building Code.
(9) All dwellings being moved into the city shall meet all applicable building codes and conform to the land use ordinance building standards as described in the city’s Zoning Code as well as the requirements of Chapter 118 of this code of ordinances.
(B) This section does not apply to dwellings placed in a licensed manufactured home park or trailer park.
(Ord. 20210317-03, passed 3-17-2021) Penalty, see § 163.999
§ 163.008 GENERAL DISTRICT PROVISIONS.
(A) Establishment of districts. The following zoning districts are established and continued:
(1) Traditional Residential;
(2) Suburban Residential;
(3) Historic Downtown;
(4) Highway Mixed Use;
(5) Prospective Interchange Development;
(6) Professional/Light Industrial;
(7) Business Park;
(8) Industrial;
(9) Public Recreation/Open Space;
(10) Kettle River Wild and Scenic Floodplain;
(11) General Shoreland;
(12) Commercial Planned Unit Development;
(13) Residential Planned Unit Development;
(14) Recreational Vehicle Park;
(15) Manufactured Home Park; and
(16) Heliport.
(B) Map.
(1) The location and boundaries of the districts established by this section are set forth on the zoning map entitled “Zoning Map of Sandstone”. The zoning map is on file with the Zoning Administrator. The zoning map and the notations, references and other information shown on the map have the same force and effect as if fully set forth herein and are made a part of this section by reference.
(2) If a use is not specifically permitted in a zoning district, the use is prohibited. The City Council or the Planning Commission, as the case may be, on its own initiative or upon request of the property owner, may conduct a study to determine if the proposed use is acceptable and if so what zoning district would be most appropriate and to determine conditions and standards relating to development of the use.
(3) The City Council, Planning Commission or property owner, upon completion of the study, may, if appropriate, initiate an amendment to this section to provide for the use under consideration.
(C) Annexation; detachment. If changes in the city limits remove land from the city, district boundaries are construed as moving with the city limits. If land is annexed to the city, the land is designated by the comprehensive plan of the city.
(D) Zoning district boundaries.
(1) Boundaries indicated approximately following the center lines of streets, highways, alleys or railroad lines are to be construed as following those center lines.
(2) Boundaries indicated approximately following platted lot lines are to be construed as following those lot lines.
(3) Boundaries indicated as following shorelines are to be construed following those shorelines, and if the shoreline is changed, are to be construed as moving with the actual shoreline; boundaries indicated approximately following the center lines of streams, rivers, lakes or other bodies of water are to be constructed as following those center lines.
(4) Boundaries indicated approximately following the city limits are to be construed as following the city limits.
(5) Where a district boundary line divides a lot that was in a single ownership on the effective date of this section, the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot may be interpreted by the Planning Commission upon request of the owner.
(E) District regulations. Except as otherwise provided, the regulations of this section within each district are minimum regulations and apply uniformly to each class or kind of structure or land.
(1) Buildings, structures or land may not be used or occupied, and a building structure or part thereof may not be erected, constructed, reconstructed, moved or structurally altered, except in conformity with the regulations for the district in which it is located.
(2) A building or other structure may not be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear yard, front yard, side yard or other open spaces than herein required; or in any other manner contrary to the provision of this section.
(3) A yard or lot existing on the effective date of this section may not be reduced in dimension or area below the minimum requirements of this section.
(Ord. passed - -2007)
§ 163.009 NON-CONFORMING BUILDINGS, STRUCTURES AND USES.
(A) (1) The purpose of this section is to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. This section establishes separate districts, each of which is an appropriate area for the location of uses that are permitted in that district.
(2) It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. It is the intent of this section that all non-conforming uses are eventually brought into conformity.
(B) A non-conforming structure or use lawfully existing on the effective date of this section may not be enlarged, but may be continued at the size and in the manner of operation existing on that date, except as otherwise specified in this section.
(C) Nothing in this section prevents the placing of a structure in safe condition when the structure is declared unsafe by the Building Official providing the necessary repairs may not constitute more than 50% of fair market value of the structure. The City Assessor determines the value.
(D) A non-conforming building, structure or use may not be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted on the effective date of this section unless the movement brings the non-conformance into compliance with the requirements of this section.
(E) If a lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it may not thereafter be changed to any non-conforming use.
(F) Lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it may not thereafter be so altered to increase the non-conformity.
(G) If a non-conforming building, structure or use is destroyed to the extent of more than 50% of its fair market value, as determined by the City Assessor, then without further action by the City Council, the building and the land on which the building was located or maintained is, from and after the date of the destruction, subject to all the regulations specified by this section for the district in which such land the buildings are located. A building that is damaged to an extent of less than 50% of its value may be restored to its former condition. The Building Official makes the estimate of the extent of damage or destruction.
(H) If a lawful non-conforming use of a structure or land is discontinued for a period of six months, future use of the structure or lands must conform to the provisions of this section.
(I) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations that do not physically extend or intensify the non-conforming use.
(J) Alterations may be made to a building containing lawful non-conforming residential units when the alterations will improve the livability thereof; provided they will not increase the number of dwelling units or size or volume of the building.
(K) A proposed structure that will, under this section, become non-conforming, but for which a building permit has been lawfully granted prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this code, is not abandoned for a period of more than 120 days and continues to completion within two years. The structure and use will thereafter be a legally nonconforming structure and use.
(Ord. passed - -2007)