For the purpose of this chapter, the following districts shall be created:

   Boundaries of the above districts are hereby established as shown on that certain map entitled “Zoning Map of the City of Stacy, Minnesota” which is properly approved and filed in the office of the Clerk and hereinafter referred to as the “Zoning Map.” The map and all of the notations, references, and other information shown therein shall have the same force and effect as if fully set down herein and are hereby made a part of this chapter by reference.

(Prior Code, § 902.02)

   District boundaries on the map are intended to follow street right-of-way lines, street centerlines, or lot lines unless such boundary line is otherwise indicated on the map. In the case of unsubdivided property, or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map.

(Prior Code, § 902.03)

   (A)   All land that is annexed to the city shall be placed in the A (Agricultural) zoning district until such time as a study is completed to determine the appropriate zoning district classification.

   (B)   A petitioner for annexation shall reimburse the city for all costs incurred by the city in reviewing an annexation petition and in complying with statutory requirements for hearing and notification thereof, including, but not limited to, legal, engineering, planning, administrative, publication, special meeting, filing fee, and postage costs. The city may require petitioner to deposit an advancement of costs with the city at the time of the filing of the petition for annexation in an amount determined by the City Council.

(Prior Code, § 902.04) (Am. Ord. 2002-8-2, passed - -2002; Am. Ord. 2005-5-1, passed 5-10-2005)

   Except as otherwise specifically provided for in this chapter, the following shall apply to a use not provided for within a zoning district.

   (A)   Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited.

   (B)   The City Council or the Planning Commission, on their own initiative or upon request, may utilize city staff to conduct a study to determine if a particular use not addressed in this chapter is acceptable, and, if acceptable, what zoning district would be most appropriate for such a use and the appropriate conditions and standards relating to development of such a use.

   (C)   The City Council, Planning Commission, or affected property owner, upon receipt of the staff’s study, may, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration. A decision by the Planning Commission or City Council that the proposed use is not compatible for development within the city shall be accompanied by findings in support of the decision.

(Ord. 2009-5-1, passed 5-12-2009)

   (H)   Reduced requirements if planned unit development. Single-family dwellings may be excluded from lot area and setback requirements, provided the development is within an approved Planned Unit Development District as regulated by §  153.055.

(Prior Code, § 902.06) (Am. Ord. 2015-3-2, passed 3-16-2015; Am. Ord. 2019-8-3, passed 8-13-2019)

   (A)   Requirements specified by district. Yard requirements shall be set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereafter indicated and shall be unobstructed from the ground level to the sky.

   (B)   Yard allocated to only one building. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building.

   (C)   Corner lots. On a corner lot, nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2-1/2 and 10 feet above street level for a distance of 30 feet from intersecting streets.

   (D)   Through lots. Through lots in any district shall have a required front yard on each street.

   (E)   Conforming with neighboring setbacks. In any district where the average depth of at least 2 existing front yards for buildings on lots within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard in any “R” District shall not be less than 20 feet from the right-of-way line of minor streets and 100 feet from the centerline of major thoroughfares.

   (F)   Forty percent landscape requirement. In no event shall off-street parking space, structures of any type, buildings, or other features cover more than 60% of the lot area resulting in less than 40% landscaped in residential districts.

   (G)   Exceptions to rear yard requirements. The following shall not be considered to be encroachments on rear yard requirements: accessory structures which are at least 10 feet from the rear lot line, recreational equipment, laundry drying equipment, picnic tables, open arbors and trellises, balconies, breezeways, porches, detached outdoor living rooms, and outdoor eating facilities which are not less than 2 feet from any lot line.

   (H)   General exceptions to yard requirements. The following shall not be considered to be encroachments on yard requirements:

      (1)   Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 2-1/2 feet;

      (2)   Fences which do not exceed 4 feet in height or as required elsewhere in this chapter and terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building or to a distance of less than 2 feet from any lot line;

      (3)   Off-street parking spaces except as hereinafter regulated.

   (I)   Party walls. Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a condition use permit is secured.

(Prior Code, § 902.07)

The minimum ground floor area for new construction by type of dwelling and number of bedrooms (BR) shall be as follows:

 

 

   N/A   Not Allowed

   *   Single-family dwellings consisting of a 2 story structure use 75% of ground floor area in table.

   **   Add 100 square feet for each additional bedroom over 3 bedrooms.

   * * *   Per unit.

(Prior Code, § 902.08) (Am. Ord. 2019-8-3, passed 8-13-2019)

   (A)   Foundation width. All dwelling units shall have a foundation of at least 24 feet in width which supports the exterior walls of the unit.

   (B)   Fifty percent foundation requirement. All dwelling units shall have a permanent foundation under at least 50% of the ground floor area of the unit.

(Prior Code, § 902.09)

   All dwelling units shall have a minimum roof pitch of at least a 3-foot vertical drop over 12 feet of horizontal roof surface.

(Prior Code, § 902.10)

   (A)   General restrictions. Height restrictions shall be 50 feet for farm buildings; 35 feet for other structures, except as hereinafter modified.

   (B)   Exceptions. Height limitations shall be increased 100% when applied to the following structures: church spires, belfries; cupolas and domes which do not contain usable space; monuments; water towers; fire and hose towers; observation towers; flag poles, chimneys; parapet walls extending not more than 3 feet above the limiting height of the building; cooling towers; elevator penthouses; and farm silos.

   (C)   Conditional use permits. Heights in excess of those allowed under this section and other sections shall be permitted only by conditional use permit granted by resolution of the Council determining that such structure would not be dangerous and would not adversely affect adjoining or adjacent property. Conditional use permits granting increased building height shall require setbacks from residential lots at least equal to the height, and the distance between 2 principal buildings must be no less than one-half the sum of the heights of the 2 structures.

   (D)   Sloping lots. On any lot sloping downhill from the street, which has an average ground slope on that portion of the lot to be occupied by the main building of 25% or more (measured in the general direction of the side lot lines) an additional 12 feet of height may be permitted in such main building, provided the lowest floor shall not be less than 10 feet below the average established property line grades along the front of the lot. The floor of the basement shall be considered the lowest floor and a cellar floor shall not be counted.

(Prior Code, § 902.11)

      (9)   Tool sheds, garden sheds and similar buildings used for storage of domestic supplies and noncommercial recreational equipment which are less than 120 square feet in size are not subject to the design requirements under division (A)(8) of this section and shall be prefabricated, fully enclosed structures, or structures constructed with fully enclosed wood or metal frames with sheathing or siding, and shingled roofs.

         (a)   A private garage, which prior to construction of the residence can be used only for storage purposes continuing to until the completion of the principle structure; and

         (b)   Structures to be used strictly for the purposes of farming operations located on parcels actively farmed.

      (9)   Tool sheds, garden sheds and similar buildings used for storage which are less than 120 square feet in size are not subject to the design requirements under division (C)(8) of this section and shall be prefabricated, fully enclosed structures, or structures constructed with fully enclosed wood or metal frames with sheathing or siding, and shingled roofs.

   (D)   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. 2009-5-1, passed 5-12-2009; Am. Ord. 2014-8-2, passed 8-13-2014; Am. Ord. 2016-2-1, passed 2-9-2016; Am. Ord. 2016-8-2, passed 8-23-2016; Am. Ord. 2016-11-1, passed 11-9-2016; Am. Ord. 2020-12-8, passed 12-8-2020)

      (1)   Wood;

      (2)   Simulated wood;

      (3)   Chain link;

      (4)   Decorative brick or stone;

      (5)   Wrought iron or aluminum designed to simulate wrought iron;

      (6)   Split rail;

      (7)   Vinyl; or

      (8)   Other materials or fence types as approved by the Planning Commission.

   (D)   On a corner lot, no fence or landscaping shall be placed in such a manner so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any driveway or street right-of-way. No fence, structure or planting shall be permitted above a height of 3 feet, measured from where both street centerlines intersect within the triangle described as beginning at the intersection of the projected curb line, or edge of paved portion of roadway if no curbs exist, of 2 intersecting streets, thence 35 feet along one curb line, or edge of paved portion of roadway if no curbs exist, thence diagonally to a point 35 feet from the point of beginning along the other curb line. These requirements shall not apply to conditions of this chapter that legally existed prior to June 14, 2011, unless the Zoning Administrator determines that such conditions constitute a safety hazard.

   (F)   Fences of appropriate height for athletic fields are allowed in the park district as determined by sanctioning athletic association regulations and approved by the Planning Commission.

      (1)   Where a property line is not clearly defined, a certificate of survey shall be required to establish the location of the property line;

      (2)   Fences shall be located at least 2 feet from the lot lines; unless when located along the property line the abutting property owners written consent is obtained, and provided no physical damage of any kind results to abutting property; and

      (3)   Fences shall not restrict drainage. A solid wall style fence may exceed its allowable height by 4 inches to facilitate drainage.

      SOLAR ACCESS. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. on any day of the year.

         (a)   ADUs will be allowed as an accessory use in the R-1 (Single Family Residential) District. Allowed use by family members, health care providers, or child care providers only.

         (b)   ADUs will be allowed as an accessory use in the R-2 (One and Two Family Residential) District;

            1.   If lot contains only 1 single-family structure.

            2.   Allowed use by family members, health care provider, or child care providers only.

         (c)   No ADU is allowed prior to principal building.

         (d)   No variances shall be granted for an accessory dwelling unit.

         (a)   ADUs will be allowed in the A (Agriculture) District.

            1.   Allowed use by family members, health care providers, child care providers, and farm workers only.

            2.   No ADU is allowed prior to principal building.

         (c)   No variances shall be granted for an accessory dwelling unit.

(Ord. 2016-10-2, passed 10-11-2016; Am. Ord. 2019-8-3, passed 8-13-2019)