St Charles City Zoning Code

GENERAL REGULATIONS

§ 152.40 DISTRICT PROVISIONS AND DIMENSIONAL REQUIREMENTS.

(A) Note 1. PUD provisions are not listed here due to the unique characteristics of a PUD. See § 152.21 for more information.

(B) Note 2.

(1) Where there exists a pattern of use in an area of less than the minimum setback, the Planning Commission on its own motion may vary the setback requirements for new structures immediately adjacent to or surrounded by the non-conforming structures.

(2) This variance shall be allowed only where the variance will not create a substantial detriment to uses or property rights of persons in the immediate area.

(D) Note 4. Corner setbacks within an R-1 Single-Family District shall be 25 feet from the front street right-of-way line and 20 feet from the side street right-of-way line.

(1987 Code, § 703.01) (Am. Ord. 435, passed 6-9-1998)

§ 152.41 REGULATIONS; GENERAL.

(A) Scope of regulations.

(1) Except as may otherwise be provided in § 152.42 all buildings erected, all uses of land or buildings established, all structural alterations or relocation of existing buildings occurring, and all enlargements or additions to existing uses occurring after September 8, 1970, shall be subject to this section.

(2) The Zoning Administrator shall not approve any application for a building permit, certificate of zoning compliance or other permit or license, and city departments shall not issue any permits or licenses if the permit, certificate or license authorizes either of the following:

(a) A use contrary to this chapter; or

(b) The erection, moving, alteration, enlargement or occupancy of a building contrary to this chapter.

(3) No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than those prescribed by this chapter, nor shall the population density be increased in any manner except in conformity with these regulations unless the City Council grants a variance.

(B) Erection of more than 1 principal structure on a lot. In any district, more than 1 structure housing a permitted or permissible principal use may be erected on a single lot, provided that this chapter's requirements are met for each structures as though it were on an individual lot.

(1) 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 this chapter's requirements applicable to the main building.

(2) An accessory building, not attached to and made a part of the main building, shall not be closer than 5 feet to the main building.

(3) (a) A detached accessory building shall not be located in any required front yard. Detached accessory buildings in residential districts shall not exceed 1 story or 16 feet in height and shall not be greater than 1,000 square feet in area and cannot occupy more than 10% of the lot area. The total square footage of all detached accessory structures shall not be equal to or greater than the footprint of the principal structure.

(b) A distance of open space between the principal building and the detached accessory building plus the distance of open space between the detached accessory building and the side yard must be at least 10 feet; however, a detached accessory building may not be built nearer than 5 feet to the principal structure nor nearer than 2-1/2 feet to the side or rear lot line.

(c) A detached accessory building opening onto an alley shall be set back at least 20 feet from the alley right of way; if the detached accessory building is located off an alley but does not open into the alley, a distance of at least 2-1/2 feet shall be maintained between the building and the alley right of way, except that a 2 stall garage may be used jointly and solely by the families living on 2 adjacent lots and may be built so as to place 1 stall on each side or rear lot line, provided that the 2 stalls are separated by a fire wall.

(d) No more than a maximum of 3 accessory structures shall exist on a property in any residential zone.

(e) Cloth, canvas, plastic sheeting, tarps, or any material used for agricultural purposes are not allowed as primary building material on any accessory structure in any residential zone. This limitation shall not apply to a greenhouse. Pre-engineered structures meeting all applicable Minnesota Building Code such as carports are permitted.

(f) Semi-trailer, railroad or similar type storage containers are prohibited in any residential district as a permitted accessory structure.

(4) Accessory buildings on any corner lot in an R-1, R-1M, R-2 or R-3 District shall be at least 6 feet from the rear lot line when the rear lot line of the corner lot is the same as the side lot line of an adjoining lot in an R-1, R-1M, R-2 or R-3 District.

(5) Accessory buildings for single-family attached dwellings may be attached to other buildings in the lot's building area and/or in the rear yard providing the applicant records a covenant and deed restriction on all properties which will abut the common lot line (0-lot line). These covenants and deed restriction shall provide the following:

(a) Access to the abutting property for the adjacent property owner and/or the adjacent property owner's representative for the purpose of constructing, reconstructing, repairing and maintaining either side on the total property;

(b) Necessary encroachments for footings and eaves for the building; and

(c) Restrictions to limit changes of color, material and design of the accessory building to insure it is compatible with the attached building.

(6) In any zoning district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building or structure, but may be erected simultaneously. Only in the case whereby a vacant lot is purchased by an adjoining land owner, may an accessory building be erected or constructed alone given the lots are surveyed by a registered land surveyor and recorded as one property description and any accessory structure meets all setback, lot coverage, and height provisions.

(7) All accessory buildings located in the R-1, R-1M, R-2, or R-3 districts shall be made of materials customarily found in residential zones. Accessory buildings of less than 120 square feet shall use appropriate materials and design features clearly customary and typical of the character of buildings or structures in the district in which it is located as determined by the Zoning Administrator or his designee.

(D) Height regulations.

(1) Where the average slope of a lot is greater than 1 foot rise or fall in 7 feet of horizontal distance from the established street elevation at the property line, 1 story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.

(2) Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following: chimneys, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, storage lofts, tanks, ornamental towers and spires, wireless towers or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(E) Yard regulations. The following requirements qualify and supplement the district regulations appearing elsewhere in this chapter. Measurements shall be taken from the point of the wall of the building nearest to the lot line in question, subject to the following qualifications.

(1) Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed except for the ordinary projections of window wells above the bottom of the yard or court and except for the projections of sills, belt courses, cornices and ornamental features not to exceed 18 inches.

(2) Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than 2 feet or into a court not more than 3-1/2 feet shall be permitted, where so placed to not obstruct light and ventilation.

(3) A yard, court or other open space provided about any building for the purpose of complying with this chapter shall not be used additionally as a yard, court or other open space for another building.

(4) The setback requirements shall be observed on each street side of a corner lot, however, the buildable width of a lot shall not be reduced to less than 30 feet.

(5) A total setback requirement of 300 feet from all schools, churches, hospitals or any public meeting place having a seating capacity of 50 or more persons is mandatory for all land uses in which there are highly explosive or flammable materials in quantity, such as gas stations, bulk fuel or oil dealers and similar operations.

(6) Where a lot is to be occupied for permitted uses without buildings or structures on it, the required side yards and front yards shall be provided and maintained between the use and the respective lot lines, provided side and rear yards shall not be required on lots without buildings or structures when used for garden purposes or public playgrounds.

(7) The following shall not be considered obstructions.

(a) In front yards.

1. One-story bay windows projecting 3 feet or less into the yard; overhanging eaves and gutters projecting 2-1/2 feet or less into the yard.

2. A landing place or uncovered porch may extend into the required front yard up to 6 feet, if the landing place or porch has its floor no higher than the entrance floor of the building.

3. An open railing no higher than 3 feet may be placed around the place.

4. The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth, which may cause danger to traffic on a street or public road by obscuring the view.

5. On double frontage lots, the required front yard shall be provided on both streets.

(b) In side yards. Overhanging eaves and gutters projecting into the yard for a distance of 2 inches per foot of required side yard.

1. Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory structures, tool rooms and similar buildings or structures for domestic storage; balconies; breezeways and open porches; 1-story bay windows projecting 2-1/2 feet or less into the yard; and overhanging eaves and gutters projecting 2-1/2 feet or less into the yard.

2. In determining the depth of rear yard for any building where the rear yard opens into an alley, 1/2 the width of the alley, but not exceeding 10 feet, may be considered as a portion of the rear yard.

(F) Vision clearance.

(1) Fences, walls or accessory structures in front yard:

(a) In any residential district, no fence, wall, accessory structure or shrub planting shall be over 36 inches in height within 20 feet of any street corner, except for trees with branches and foliage removed a height of 8 feet above the ground, so as to interfere with traffic visibility across the corner; and

(b) No fence, wall, accessory structure or shrub planting shall be over 36 inches in height with an opacity over 50%, but may be 48 inches in height with an opacity under 50% (e.g., wrought iron, chain link, split-rail, vinyl, or board), within 25 feet of the front property line.

(2) Fences, walls or accessory structures in side and rear yard:

(a) In any residential district, no fence, wall or accessory structure, other than a retaining wall, shall be over 6 feet in height along the side or rear lot line; and

(b) The side lot line will be considered that area of a lot which extends along the side line of the lot from the rear property line to a point 25 feet from the front property line.

(3) Fences may be used to locate property lines with the required front, side and rear yards within a residential district.

(4) No fence, wall, shrub planting or accessory structure shall be erected within a public easement and/or right-of-way.

(5) The finished side shall face the abutting property or street right-of-way.

(6) Fences shall not be constructed of chicken wire, welded wire, pallets, barbed wire, snow fence, branches, animal gates, farm fence materials or materials originally intended for other purposes, unless approved by the Zoning Administrator.

(7) A certificate of survey may be required if property lines cannot be located as the city does not have licensed surveyors on staff to perform this service. If the Zoning Administrator, in his or her sole judgement and discretion, notifies the property owner/applicant that a survey is required, no permit will be issued until a survey is provided to the city by the owner/applicant as signed by a licensed surveyor, and that such survey is at the property owner's/applicant’s sole cost and expense. Further, it is the responsibility of the property owner/applicant to contact the surveyor and arrange the survey.

(8) All fences shall have at least 1 external access gate.

(9) The permit fee shall be as set by ordinance of the City Council. The permit fee shall he paid at the time of application.

(10) A permit is required for all fences within any residential district.

(11) All fences shall be properly maintained with respect to appearance and safety.

(G) Street closures. When any street, alley or other public way is vacated by official city action, the zoning district adjoining each side of the street, alley or public way shall be extended automatically to the center of the vacation, and all area included in the vacation shall then be subject to all appropriate regulations of the extended districts.

(H) Areas under water.

(1) All areas within the corporate limits of the city which are under water and not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area.

(2) If the water area adjoins 2 or more zones, the boundaries of each zone shall be construed to extend into the water in a straight line until they meet the other district at a half-way point.

(I) Essential services. Essential services shall be permitted in any district as authorized and regulated by law, because the erection, construction, alteration and maintenance of essential services are exempt from this chapter.

(J) Structures to have access. Every building 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 located on lots that are safe and convenient access for serving, fire protection and required off-street parking are provided.

(K) Sign regulations. All signs erected or maintained, except official, public traffic and street signs, shall conform with the following regulations.

(1) General provisions for all districts.

(a) Signs shall not be permitted within the public right-of-way or easements.

(b) Flashing or rotating signs resembling emergency vehicles shall not be permitted.

(c) Signs resembling an official marker erected by a governmental agency or displaying the words “stop” or “danger” shall not be permitted.

(d) Signs shall not be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air or access to any building or structure.

(e) When the Council or Zoning Administrator notices a sign or property owner that a sign is rotted, unsafe or unsightly, the owner of sign or owner of property thereunder shall remove or repair the sign.

(f) The owner, lessee or manager of any ground sign and the owner of the property on which the sign is located shall keep grass, weeds and other growth cut, and debris and rubbish removed from the lot on which the sign is located.

(g) Political signs may be permitted for a period of not more than 60 days before and 10 days after an election.

(2) Signs may be erected in an R-1, R-1M, R-2 or R-3 District subject to the following provisions.

(a) A nameplate sign identifying the owner or occupant of a building or dwelling unit, provided the sign does not exceed 2 square feet in surface area. These signs may be illuminated.

(b) A sign pertaining to the lease or sale of the building or property, provided the sign does not exceed 4 square feet in surface area. This sign shall not be illuminated.

(c) A temporary sign identifying an engineer, architect, contractor or product engaged or used in the construction of a building, provided the sign does not exceed 4 square feet in surface area and is removed prior to the occupancy of the building. This sign shall not be illuminated.

(d) One identification sign not to exceed 24 square feet in surface area displaying location information for churches, schools, hospitals, nursing homes, clubs, offices, libraries or similar institutions. This sign may be illuminated.

(e) Directional signs not exceeding 2 square feet in surface area displaying directional information for churches, schools, hospitals, nursing homes, clubs, libraries or similar institutions, excluding office or commercial establishments, provided that each institution shall be limited to 1 sign per thoroughfare approach. This sign shall not be illuminated.

(f) Public street identification signs, traffic signs and directional signs in any parking area where the signs are necessary for the orderly movement of traffic.

(g) Identification signs not to exceed 125 square feet per building elevation may be placed on any public school. The signs may be illuminated.

(3) Signs may be erected in a C-1 or C-2 District subject to the following provisions.

(a) The total surface area of all business signs on a lot shall not exceed 3 square feet per lineal foot of lot frontage area, or 75 square feet in area, whichever is greater. Signs may be illuminated.

(b) Advertising sign structures shall be limited to 1 for a lot of 100 foot frontage or less and to only 1 for each additional 100 feet of lot frontage.

(d) No advertising signs may be erected within 100 feet of an adjacent residential district.

(e) For corner lots, the frontage used to determine allowable sign area shall be the frontage of the main entrance to the business.

(f) No sign shall project higher than 6 feet above the height of the building, or 32 feet above the average grade at the building line, whichever is greater.

(g) Signs painted on a building shall be governed by the square footage limitations specified above. These signs shall be maintained in good condition and shall be repainted, removed or painted out when, in the opinion of the Council or Zoning Administrator, they are not so maintained.

(h) When a sign is illuminated, the source of light shall not be visible from any public right-of-way, and the light shall be directed away from any residential district.

(i) No signs shall project more than 6 feet perpendicular to a building.

(4) Signs may be erected in an A-1 District subject to the following provisions.

(a) One identification sign not to exceed 24 square feet in surface area displaying directional or identifying information for public and commercial recreational facilities, including but not limited to parks, trails, pools and community centers. This sign shall not be illuminated.

(b) Directional signs, not exceeding 2 square feet in surface area displaying directional information for public facilities, provided that each use shall be limited to 1 sign per thoroughfare approach. This sign shall not be illuminated.

(c) Public street identification signs, traffic signs and directional signs in any parking area where these signs are necessary for the orderly movement of traffic.

(5) Signs may be erected in an I-1 and 1-2 District subject to the following provisions.

(a) No advertising signs shall be permitted.

(b) The total surface area of all business signs on a lot shall not exceed 3 square feet per lineal foot of lot frontage or 20% of the building frontage area or 300 square feet in area, whichever is greater. These signs may be illuminated.

(L) Off-street parking and loading-unloading space requirements.

(1) Parking space requirements. The required parking and loading spaces shall be provided on the premises of each use. Each parking space shall contain a minimum area of not less than 300 square feet including access drives, and a width of not less than 9 feet, and a depth of not less than 20 feet. The minimum number of required off-street parking spaces for various uses shall be as follows, except for the Central Business District, where all non-residential uses shall be exempt from the following parking requirements:

(a) Apartments: 1-1/2 parking spaces for each apartment, except housing for the elderly projects, which shall provide 3/10 parking space for each dwelling unit, and any dwelling unit in the CBD district which requires one designated parking stall per unit;

(b) Assembly or exhibition hall, armory, auditoriums, theater, sports arena: one parking space for each 4 seats, based upon design capacity;

(c) Automobile service station: 4 parking spaces for each service stall plus 2 parking spaces; these parking spaces are in addition to the gas pump service area;

(d) Bowling alley: 5 parking spaces for each bowling lane;

(e) Churches: 1 parking space for each 4 seats, based on the design capacity of the main seating area;

(f) Convalescent or nursing home: 1 parking space for each 4 beds;

(g) Fast food restaurant: 1 space per 75 square feet of floor area;

(h) Elementary school: 2 parking spaces for each classroom;

(i) Golf courses and clubhouses, country club, swimming club, tennis club, public swimming pool: 20 spaces for each 500 square feet of floor area in the principal structure;

(j) Golf courses (miniature), archery range, gold driving range: 10 parking spaces;

(k) Hospitals: 1 parking space for each 3 beds;

(l) Junior and senior high school: 1 parking space for each classroom plus 1 parking space for each 10 students, based on design capacity;

(m) Manufacturing or processing plant: 1 off-street parking space for each 2 employees on the major shift, or 1 off-street parking space for each 1,000 square feet of gross floor area within the building, whichever greater, plus 1 space for all company motor vehicles customarily kept on the premises;

(n) Mobile home park: 1-1/4 parking spaces per mobile home berth;

(o) Mobile home stand (single): 1 parking space per unit;

(p) Motel or motor hotel: 1 parking space for each rental unit or suite;

(q) Office building: 1 parking space for each 500 square feet of floor area;

(r) One and 2-family dwelling: 1 parking space per unit; no garage shall be converted into living space unless other acceptable on-site parking space is provided;

(s) Professional offices, medical and dental clinics, animal hospital: 1 parking space for each 500 square feet of floor area;

(t) Public administration building, community center, public library, museum, art gallery, post office and other public service buildings: 1 parking space for each 500 square feet of floor area in the principal structure;

(u) Research, experimental or testing stations: parking space for each employee on the major shift or 1 parking space for each 500 square feet of gross floor area within the building, whichever is greater;

(v) Restaurant, café, night club, tavern, bar and lounges: 1 parking space for each 50 square feet of floor area, or 1 space per 3 seats, whichever is greater;

(w) Retail sales and service establishments: 1 parking space for each 250 square feet of floor area (minimum of 5 spaces);

(x) Sales (auto, trailer, marine and boat, implement, garden supply, building materials, auto repair): 1 parking space for each 500 square feet of floor area;

(y) Shopping center: where several commercial uses are grouped together according to a general development plan, on-site automobile parking shall be provided in a ratio of not less than 3 square feet of gross parking area for each 1 square foot of gross floor area; separate on-site space shall be provided for loading and unloading; and

(z) Storage, wholesale, warehouse establishments: 1 parking space per 5,000 square foot of floor area; mixed use structures shall be based on other use requirements.

(2) Off-street loading design and maintenance.

(a) Location. All required loading or unloading into or out of trucks in excess of 3/4 ton capacity, or railroad cars, shall be conducted at facilities specifically designed for that purpose. These facilities shall be located upon the zoning lot of the principal use requiring them. All berths beyond 1 shall be separate from areas used for off-street parking.

(b) Access. Each required off-street loading berth shall be designed as to avoid undue interference with other vehicular or rail access or use of public streets, alleys or other public transport systems.

(c) Surfacing. All off-street loading facilities, including loading berths and maneuvering areas, shall be surfaced with a hard, all weather, dust-free durable surfacing material and shall be well drained and landscaped and shall be maintained in a sightly and well-kept condition.

(d) Landscaping and screening. All berths shall be screened from view from the property street frontage and/or from the zoning district boundary when the adjacent property or property across the street frontage or side street frontage is zoned for residential purposes. The screening shall be accomplished by a solid wall not less than 8 feet in height and shall be so designed as to be architecturally harmonious with the principal structure. Screen planting may be substituted for the prescribed wall; however, plantings must not be less than 2-1/2 inches in diameter and of a type so as to permit a minimum of 90% opacity during all months of the year.

(e) Design. Fifty percent of the required number of truck berths shall be 50 feet in length, 12 feet in width and 15 feet in height. All loading areas shall consist of a maneuvering area in addition to the berth and shall not use any portion of the site containing parking stalls. Maneuvering areas shall be sized to permit the backing of truck tractors and coupled trailers into a berth, without blocking the use of other berths or drive or maneuvering areas.

(f) Required loading areas:

1. Space for loading and unloading goods, supplies and services shall be provided in addition to required off-street parking spaces and shall be sufficient to meet the requirements of each use.

2. The following uses shall observe required loading and unloading spaces as indicated.

Use	Required Spaces
Motels, hotels, lodging and rooming houses, private clubs and lodges	One for each structure over 20,000 square feet gross floor area
Commercial uses except where otherwise specified	One space for the first 10,000 square feet of gross floor area and 1 space for each additional 50,000 square feet of gross floor area
Auditorium, stadium, gymnasium, community center, religious institution, area school (private or public)	One for each structure over 100,000 square feet gross floor
Office building and professional offices (other than doctor and dentists); banks	One space for buildings with 30,000 to 100,000 square feet gross floor area and 1 space for each additional 100,000 square feet gross floor area
Restaurants and other food-dispensing establishments except drive-in restaurants	One for each structure with 10,000 square feet of gross floor area
Furniture, automobile, boat, appliance sales	One space plus 1 additional space for each 25,000 square feet of gross floor area
Hospitals, rest homes, nursing homes and similar institutions	One space plus 1 additional space for each 25,000 square feet of gross floor area
Bowling alleys	One space for each structure over 20,000 square feet of gross floor area
Manufacturing and research, experimental or testing stations	One space for each 50,000 square feet of gross floor area

(M) Minimum mobile home park requirements.

(1) Minimum density and area requirements.

(a) Minimum area for a mobile home park shall be 5 acres and shall not be less the 150 feet in width.

(b) A minimum of 500 square feet per mobile home shall be provided for definable play areas and open space within the mobile home park. Areas of open space and/or play areas shall not be included within any setback nor shall they include any areas of less than 20 feet in length or width.

(c) The minimum lot area per unit shall be 6,500 square feet, excluding private drives, parking spaces and street rights of way.

(2) Lot coverage and setback requirements.

(a) Maximum lot coverage for mobile home parks shall be 25%.

(b) Minimum distance between units shall be not less than 20 feet, or the sum of the heights of the 2 units, whichever is greater; the point of measurement is a straight line between the closest points of the units being measured.

(c) When a mobile home park is adjacent to a single-family residential district, the minimum setback between the street right-of-way line or property line the adjacent mobile home park use side shall be 30 feet. This setback area shall act as a buffer zone and shall be landscaped according to a plan submitted at the time of application. The plan shall show the type of planting material, size and planting schedule.

(d) Street access shall not be permitted onto residential streets in mobile home parks.

(3) General internal mobile home park development requirements.

(a) The minimum front yard setback from the mobile home unit to the street line shall be 15 feet.

(b) The mobile home stand shall be at an elevation, distance and angle relative to the street and driveway so that placement and removal of the mobile home with a car, tow truck or other customary moving equipment is practical.

1. The mobile home stand shall have a longitudinal grade of less than 4% and transverse crown or grade to provide adequate surface drainage.

2. The stand shall be compacted and surfaced with a material which will prevent the growth of vegetation while supporting the maximum anticipated loads during all seasons.

(c) The entire mobile home park shall be landscaped (excluding hard surfaced areas) and 1 shade tree with a minimum diameter of 2 inches shall be planted and maintained near each unit pad.

(d) All utilities supplied by the mobile home park to individual units shall be underground. This includes sanitary sewer, municipal water and electricity. When piped fuel or gas is provided by the mobile home park to each mobile home stand, this service shall also be located underground.

(4) Parking and street requirements.

(a) Parking:

1. Off-street parking areas shall be surfaced in accordance with the street surface standards below;

2. All required off-street parking space shall be located not further than 200 feet from the unit or units for which they are designated; and

3. A minimum of 1-1/4 parking spaces must be provided for each mobile home unit. The 1 unit space is for occupant use. The remaining spaces equivalent to 1/4 space per unit must be in group compounds at an appropriate location within the park.

(b) Streets:

1. Streets shall be sufficiently wide to permit ease of access to the mobile home parking stands and the placement and removal of mobile homes without causing damage to or otherwise jeopardizing the safety of any occupants or mobile homes in the park;

2. Streets shall have a minimum width so as to permit 2 moving lanes of traffic. Minimum lane width shall be 10 feet;

3. Public access to a mobile home park shall be designed to permit a minimum number of ingress and egress points to control traffic movement and to keep undesirable traffic out of the park;

4. Streets shall be graded to their full width to provide proper grades for pavements and sidewalks to have adequate surface drainage to the storm sewer system. The improvements shall extend continuously from existing improved streets to provide access to each lot and to provide connections to existing or future streets at the boundaries of the mobile home park; and

5. Streets and parking areas shall be surfaced for all-weather travel with not less than 4 inches of crushed stone, gravel or other suitable base material topped with not less than 1-1/2 inches of asphalt paving, or 4 inches Portland cement concrete. The surface shall be limited at the edge by a Portland cement curb not less than 4 inches high.

(5) Storage.

(a) Enclosed storage lockers, when provided, shall be located either adjacent to the mobile home in a mobile home park or at a place in the park convenient to the unit for which it is provided.

(b) Large items such as boats and boat trailers shall not be stored at the mobile home unit site, but shall be provided in a separate screened area of the park.

(6) Registrations.

(a) The operator of the mobile home park must keep a register containing a record of all mobile home owners and occupants within the park.

(b) The register shall contain the following information:

1. Name and address of each mobile home occupant;

2. Name and address of the owner of each mobile home;

3. Make, model, year, license and number of each mobile home;

4. State, territory or county issuing a license;

5. Date of the arrival and departure of each mobile home; and

6. Number and type of motor vehicles of residents in the park.

(c) The park shall keep the register available for inspection at all times by the city and county law enforcement officers, public health officials and other public officers whose duty necessitates obtaining information. The register record for each occupant and/or mobile home registered shall not be destroyed until 3 years following the registrant's departure from the park.

(7) Maintenance.

(a) The operator of any mobile home park, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the mobile home park, its facilities and equipment, in a clean, orderly and sanitary condition.

(b) The attendant or caretaker and the operator shall be answerable for any violation of a regulation with which the operator must comply.

(1987 Code, § 703.02) (Am. Ord. 434, passed 3-10-1998; Am. Ord. 473, passed 9-9-2003; Am. Ord. 561, passed 2-26-2013; Am. Ord. 579, passed 6-23-2015; Am. Ord. 582, passed 12-22-2015; Am. Ord. 630, passed 2-9-2021; Am. Ord. 2022-646, passed 12-27-2022; Am. Ord. 2022-647, passed 12-27-2022; Am. Ord. 2022-648, passed 12-27-2022)

§ 152.42 NONCONFORMING USES.

(A) (1) Nonconformities in general. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of a land-use control under this chapter, except prohibited adults-only businesses; may be continued, through repair, replacement, restoration, maintenance, or improvements, but not including expansion, unless:

(a) The nonconformity or occupancy is discontinued for a period of more than 1 year; or

(b) The nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

(c) Notwithstanding division (1) no nonconforming use or its replacement, maintenance, improvement, or expansion in floodplain areas, shall be contained if it would jeopardize eligibility in the National Flood Insurance Program, and or increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.

(d) A nonconforming use may be extended throughout any parts of a structure that were manifestly arranged or designed for the use, but it shall not be extended to occupy any land or a larger area of land outside the structure.

(e) A nonconforming use shall not be enlarged, unless the Planning Commission approves a permit for an enlargement.

(f) On a building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repairs of walls, roofs, fixtures, wiring, or plumbing, provided that the cubic content of the building as it existed at the time of adoption or amendment of this code shall not be increased.

(g) Enlargement of nonconforming use. The Planning Commission may permit the enlargement of a nonconforming use if the commission makes the following findings:

1. The enlargement will not result in an increase in the number of dwelling units;

2. For enlargements of a structure, the enlargement will meet the yard, height, and percentage of lot coverage requirements of district;

3. The appearance of the enlargement will be compatible with the adjacent property and neighborhood;

4. Off-street parking is provided for the enlargement that meets the requirements for new structures in that district.

5. Rezoning the property would result in a "spot" zoning or a zoning inappropriate to surrounding land use; and

6. After the enlargement, the use will not result in an increase in noise, vibration, glare, dust, or smoke; be detrimental to the existing character of development in the immediate neighborhood; or endanger the public health, safety, or general welfare;

7. The use is consistent with the comprehensive plan; and

8. A notarized petition of 2/3 of the property owners within 100 feet of the property has been submitted stating their support for the enlargement.

(2) The application for a permit enlarge a nonconformity shall include the petition, a site plan, floor plans, and other information as required by the Zoning Administrator to show all necessary facts to justify issuance of the permit.

(B) Mixed conformities.

(1) Legal nonconforming structures containing a conforming use or a structure containing a use nonconforming as to parking only. Where a legal nonconforming structure contains a use conforming use, or where a structure contains a use nonconforming as to parking only, such structure may be enlarged, altered or relocated so long as such enlargement, alteration, or relocation does not increase its nonconformity. Buildings accessory to a conforming use or accessory to a use nonconforming as to parking only may be added, provided such accessory buildings conform in all respects to the requirements of this section.

(2) Structure (conforming or nonconforming) Containing a Legal Nonconforming Use. Structures containing 1 or more legal nonconforming uses shall not be moved to a new location on the zoning lot, expanded, enlarged in any way, nor shall such use be intensified, except that the city planning commission may permit the relocation, expansion, enlargement, or intensification of such use or structure or any accessory structure, if it makes the following findings; and the relocation, expansion, enlargement, or intensification meets all the other applicable regulations of this section shall not authorize a use prohibited in the zoning district in which it is located to be expanded beyond the boundaries of its zoning lot):

(a) A rezoning of the property would be inappropriate.

(b) The enlargement, expansion, relocation or intensification will be compatible with adjacent property and the neighborhood.

(c) The enlargement, expansion, relocation, or intensification will not result in significant increases of adverse off-site impacts such as traffic, noise, dust, odors, and parking congestion.

(d) The enlargement, expansion, relocation or intensification, because of improvements to the property, will improve the appearance or stability of the neighborhood.

(e) In districts in which residential uses are allowed, the enlargement, expansion, relocation or intensification will not result in the creation or presence of more dwelling units or rooming units on the subject property than is allowed by the regulations of the district in which the property is located.

(f) The enlargement, expansion, relocation or intensification will not be located in the floodway district.

(3) Expansion of a nonconforming outdoor use. No nonconforming, principal outdoor use of land shall be expanded to occupy a greater area of land than was occupied on the date that such use first became a legal nonconforming use; nor shall such outdoor use be moved, in whole or in part, to any other portion of the lot or parcel than was occupied by such use on the date the use first became a legal nonconforming use, or otherwise intensified.

(C) Conditions and guarantees. The city planning commission may impose such conditions on any proposed enlargement, expansion, relocation, structural alteration or intensification of a nonconformity and require such guarantees as it deems reasonable and necessary to protect the public interest, and to ensure compliance with the standards and purposes of this section and the comprehensive plan.

(1987 Code, § 703.03) (Am. Ord. passed - -; Am. Ord. 507, passed 5-8-2007 )

§ 152.43 CONDITIONAL USE PERMITS.

(A) Permitted uses. Conditional use permits may be issued for any of the following:

(1) Any of the uses or purposes for which the permits are required or permitted by this chapter;

(2) Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare;

(3) To classify as a conforming use any institutional use existing in any district at the time of the establishment of a district; or

(4) To permit any of the following uses in a district from which they are excluded by other provisions of this chapter: library; community center; church; hospital; fairgrounds; an institution of an educational, philanthropic or charitable nature; cemetery, mausoleum or any other place for the disposal of the human dead.

(B) Application.

(1) Application for a conditional use permit shall be made to the Planning Commission.

(2) Any proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by application or by the City Council or the Planning Commission.

(3) The Planning Commission may hold hearings on the proposal to issue a conditional use permit as it considers necessary; but, at least 1 public hearing shall be held on any application for a use permit which would establish a use listed in division (A)(4) above.

(4) The Planning Commission shall report to the City Council upon any application for a conditional permit and shall recommend granting a permit unless it finds establishing, maintaining or conducting the use will be detrimental in either of the following ways:

(a) To the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of the use; or

(b) To the public welfare or to property or improvements in the neighborhood.

(5) The Commission may designate conditions and require guarantees in granting use permits in the manner provided in § 152.46. Upon receiving the Planning Commissioner's report, the City Council may hold a public hearing and shall decide the proposal to grant the use permit.

(6) If the City Council finds that a detrimental condition described above exists, the City Council may grant the use permit and attach to the permit conditions and guarantees as described in § 152.46.

(C) Conformance. Any use permitted under the terms of a conditional uses permit shall be established and conducted in conformity with the terms of the permit and all related conditions.

(1987 Code, § 703.04)

§ 152.44 THE ADMINISTRATIVE OFFICIAL.

(A) Authorization.

(1) The Mayor is hereby authorized and directed to enforce the provisions of this chapter.

(2) The Mayor, if necessary, may delegate the enforcement of this chapter to any city administrative official and supporting staff, who shall be directly under the Mayor's control and shall be known as the Zoning Administrator.

(B) Duties. The Zoning Administrator shall perform the following duties:

(1) Examine all applications pertaining to land use, buildings or structures, and approve the application when it conforms with this chapter;

(2) Keep a record of all nonconforming uses;

(3) Periodically inspect buildings, structures and land uses to determine compliance with this chapter. The Zoning Administrator may require the services of a testing laboratory to determine compliance with performance standards. The cost of employing the laboratory shall be paid by the owner if a violation of this chapter is established; otherwise, the city shall pay for the services;

(4) 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;

(5) Order discontinuing any illegal use of land, buildings or structures; order removal of illegal buildings, structures, additions, alterations; order discontinuing any illegal work being done; or take action authorized by this chapter to ensure compliance with or to prevent violation of this chapter;

(6) Maintain permanent and current records of the Zoning Code as provided in § 152.15(B), including all maps, amendments, conditional uses and variations;

(7) Maintain a current file of all permits, certificates and copies of notices of violation, discontinuance or removal, for a length of time necessary to insure continuous compliance with this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property; and

(8) Provide technical assistance to the City Council and Planning Commission.

(1987 Code, § 703.05)

§ 152.45 BUILDING AND USE PERMITS.

(A) General.

(1) Except as provided in this section, no person, firm or corporation shall construct, erect, alter, wreck or move any building or structure or parts thereof within the city without first obtaining a building permit from the city.

(2) A building permit is not necessary to alter, repair or otherwise change the interior of any residential building, provided the proposed alteration, repair or change will not affect the exterior dimension of the building or change the existing use and occupancy of the building.

(B) Application.

(1) Application for a building permit shall be made to the Zoning Administrator on forms to be furnished by the city.

(2) Each permit application 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.

(3) Applications shall contain other information as necessary for the proper enforcement of the city code.

(C) Fees. The fee for a building permit is the total of a valuation fee plus a plan check fee, plus a state surcharge. These fees will be established by Council resolution.

(D) Issuance. The Zoning Administrator shall issue the building permit only after determining the building plans and the application comply with this chapter.

(E) Certificate of zoning compliance.

(1) A certificate of zoning compliance shall be obtained before any building erected or structurally altered is occupied or the use of the building is altered.

(2) Application for a certificate of zoning compliance for a new building or for an existing building which has been altered shall be made to the Zoning Administrator as part of the building permit application (see division (B) above).

(3) Every certificate of zoning compliance shall state that the building or proposed use of a building or land complies with all provisions of law and this chapter. A record of all certificates of zoning compliance shall be kept on file in the Zoning Administrator's office, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(1987 Code, § 703.06)

§ 152.46 VARIANCES.

(A) Criteria for granting variances. A variance to the provisions of this chapter may be issued by the Board of Adjustment to provide relief to the landowner in those cases where this chapter imposes practical difficulties to the property owner in the use of this land. No variances may be issued for a use not permitted in that district. A variance may be granted, pursuant to M.S. § 462.357, Subd. 6, as amended, only upon finding all of the:

(1) The variance is in harmony with the purpose and intent of the ordinance;

(2) The variance is consistent with the comprehensive plan;

(3) The proposal seeks to use the property in a reasonable manner not permitted by the zoning ordinance;

(4) The plight of the landowner is due to circumstances unique to the property not created by the landowner;

(5) The variance, if granted, will not alter the essential character of the locality.

(6) No variance shall permit a lower degree of flood protection than the Regulatory Flood Protection elevation for the particular area or permit standards lower than those required by federal, state or local law.

(7) Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(8) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, when in harmony with this section. The board of adjustments may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person’s land is located. The board may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The board may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(B) Required exhibits for variance applications.

(1) A preliminary building and site development plan showing measured distances to boundary lines from proposed project for area variances, and other dimensions (i.e. height, square feet, etc.) which apply to relief requests. The Council may also require a boundary survey of the property.

(2) Evidence of ownership or enforceable option on the property, including the complete legal description, and names and addresses of all owners.

(1987 Code, § 703.07) (Am. Ord. 442, passed 11-9-1999; Am. Ord. 506, passed 5-8-2007; Am. Ord. 546, passed 8-23-2011)

§ 152.47 AMENDING THE ZONING CODE.

(A) Purpose. The Council may on its own motion, on request of the Planning Commission, or on petition or appeal of the affected property owners perform the following acts:

(1) Transfer land, or a portion thereof, from the district in which it is situated to another district, by amending this Zoning Code; and

(2) Change any Zoning Code provision relating to the use or platting of land in any district or the restrictions upon buildings or structures by amending this Zoning Code.

(B) Procedures.

(1) An application for amendment shall be filed with the City Administrator in duplicate, accompanied by a fee established annually by Council resolution. The City Administrator shall forward 1 copy to the Planning Commission.

(2) The Commission shall recommend granting or denying the application to the Council within 30 days.

(3) A public hearing shall be held on the application. Notice of the time and place shall be given not more than 30 days nor less than 10 days before the day of the hearing. The notice shall be published at least 1 in the official city newspaper. The owners of the property under consideration and the property owners within 300 feet of the subject property shall be notified by mail. The City Assessor's current tax records shall be sufficient for identifying these property owners.

(4) (a) The Council, upon receiving the Planning Commission's report, and without further public hearing, may vote upon the adoption of a proposed amendment or may refer it back to the Commission for further consideration.

(b) If the Council refers the proposed amendment back to the Commission and the Commission does not give the Council a modified recommendation within 30 days after the hearing, the Council may take action without awaiting the modification.

(c) In considering recommendations, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire city and the uses to which the property affected is being devoted at the time; no change shall be recommended unless it is required for the public good.

(d) The amendment shall be adopted only following its passage upon the vote of all of the members of the Council in accordance with the requirements of M.S. § 462.357, Subd. 2, as amended.

(C) Petition or appeal for amendments. An appeal by affected property owners for amending this Zoning Code shall include the following:

(1) Name, address and signature of each petitioner;

(2) Specific description of the property proposed to be rezoned, and the names and addresses of the owners of this property;

(3) The present and proposed zone classifications of the area;

(4) The present use of each separately owned tract within the area, and the intended use of any tract of land, if known to the petitioners;

(5) How the rezoning will fit in with the general zoning pattern of the neighborhood and the zoning plan of the city; and

(6) (a) Three copies of a map showing the property to be rezoned and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of the area.

(b) The map scale shall be 100 feet to 1 inch.

(1987 Code, § 703.08) (Am. Ord. 546, passed 8-23-2011)

§ 152.48 TIME DEADLINE FOR CITY ACTION.

(A) Deadline for response.

(1) Except as otherwise provided in this chapter and notwithstanding any other law to the contrary, the city must approve or deny within 60 days a written request relating to zoning or septic system permits, licenses or any other governmental approval of an action.

(2) Failure of the city to deny a request within 60 days shall be considered approval of the request.

(3) If the city denies the request, it must state in writing the reasons for the denial at the time it denies the request.

(B) Applications; extensions.

(1) (a) The time limit in division (A) above begins upon the city's receipt of a written request containing all information required by law or by a previously adopted rule, ordinance or policy of the city.

(b) If the city receives a written request that does not contain all required information, the 60-day limit starts over only if the city sends notice within 10 business days of receipt of the request stating what information is missing.

(2) If an action relating to zoning or septic systems requires the approval of more than 1 state agency in the executive branch, the 60-day period in division (A) above begins to run for all executive branch agencies on the day a request containing all required information is received by 1 state agency. The city receiving the request must forward copies to those state agencies whose approval is required.

(3) A city response meets the 60-day time limit if the city can document that the response was sent within 60 days of receipt of the written request.

(4) (a) The time limit in division (A) above is extended if a state statute, federal law or court order requires a process to occur before the city can act on a request, and the time periods prescribed in the state statute, federal law or court order makes it impossible to act on the request within 60 days.

(b) In cases described in this subsection, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law or order. Final approval of an agency receiving a request is not considered a process for purposes of this subsection.

(5) The time limit in division (A) above is extended if an application submitted to the city requires prior approval of a state or federal agency. In cases described in this division, the deadline for city action is extended to 60 days after the required prior approval is granted.

(6) The city may extend the timeline under this division before the end of the initial 60-day period by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant.

(1987 Code, § 703.09)

§ 152.49 VIOLATION; ENFORCEMENT; PENALTY.

(A) Violations and penalties. Any person, firm or corporation who violates any of these provisions, fails to comply with any of these provisions or makes any false statement in any document required to be submitted under these provisions shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.

(B) Enforcement. 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 Zoning Code, the Zoning Administrator may institute any proper action or proceedings in the name of the city. The Zoning Administrator shall have the power of a police officer to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate a violation to prevent the occupancy of a building, structure or land; or to prevent any illegal act, conduct, business or use in or about any premises.

(1987 Code, § 703.10) Penalty, see § 10.99

§ 152.50 OPT-OUT OF M.S. § 462.3593.

Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.

(Ord. 587, passed 8-23-2016)