(a)

Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

(1)

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

(2)

The present tense includes the past and future tenses, and the future the present.

(3)

The term "building" includes "structure" and "dwelling."

(4)

The term "person" includes an individual, corporation, co-partnership, and association.

(5)

The term "shall" is mandatory, and the term "may" is permissive.

(6)

All measured distances expressed in feet shall be to the nearest foot, unless otherwise specified.

(7)

In the event of conflicting provisions, the more restrictive provisions shall apply.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory use, accessory buildingor accessory structure means a structure detached from, but located on the same lot as the principal structure or principal use, the use of which is incidental and accessory to that of the principal structure or principal use.

Agricultural buildingor structure means any building or structure existing or erected which is used principally for agricultural purposes, with exception of dwelling units.

Agricultural use means the use of the land for the growing and/or production of field crops, livestock, and livestock products for the purpose of income or research, including, but not limited to, the following:

(1)

Field crops, such as barley, soybeans, corn, hay, oats, potatoes, rye, sorghum and sunflowers.

(2)

Truck garden and horticultural crops, such as berries, fruits and vegetables.

(3)

Forestry crops, such as lumber, fuel wood and Christmas trees.

(4)

Livestock, such as dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, and other animals including dogs, ponies, deer, rabbits and mink.

(5)

Livestock products, such as milk, butter, cheese, eggs, meat, fur and honey from animals raised on-site.

Alley means any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.

Animal unit means a unit of measure in the production of animal manures; used as a standard amount of manure produced on a regular basis by a slaughter steer or heifer, as defined by state law.

Apartment means a room or suite of rooms with cooking facilities available which is occupied as a residence by a single family, or a group of individuals living together as a single-family unit. This includes any unit in buildings with more than two dwelling units.

Auto service station means a place where the following services may be carried out: the sale of engine fuels, general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and painting and undercoating of automobiles.

Basement means a portion of a building located partly underground but having half or more of its floor to ceiling height below the average grade of the adjoining ground.

Board means the board of adjustments and appeals.

Boardinghouse (roominghouse or lodginghouse) means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for six or more persons.

Building means any structure, either temporary, or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for purposes of a building.

Building height means the vertical distance measured from the established grade to the highest point of the roof. 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.

Building line means a line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line.

Building, main or principal, means a building in which is conducted the principal use of the lot on which it is situated.

Business means any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Comprehensive plan means a compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the city and its environs and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Conditional use means a use classified as conditional generally may be appropriate or desirable in a specified zone, but requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk or traffic congestion.

Condominium means a form of individual ownership within a multifamily building with joint responsibility for maintenance and repairs of the common property. In a condominium, each apartment or townhouse is owned outright by its occupant, and each occupant also owns a share of the land and other common property.

Cooperative means a multi-unit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the total enterprise.

Curb level means the grade elevation established by the city council of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this chapter.

Drive-in means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to serve patrons while in the motor vehicle, rather than within a building or structure.

Drive-in restaurant means any restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages or other food, served directly to, or permitted to be consumed by patrons in automobiles or other vehicles parked on the premises, or permitted to be consumed by patrons elsewhere on the site, outside the main building.

Dwelling, attached, means one which is joined to another dwelling or building at one or more sides by a party wall.

Dwelling, detached, means one which is entirely surrounded by open space on the same lot with no common party walls.

Dwelling unit means a residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boarding or roominghouses or tourist homes. There are three principal types, as follows:

(1)

Single-family, attached, means a residential building containing two or more dwelling units with one common wall, including the following:

a.

Two-family dwelling or duplex means a residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

b.

Townhouse means a residential building containing two or more dwelling units with at least one common wall, each unit so oriented as to have all exits open to the outside.

c.

Quadplex means a residential building containing four dwelling units with one common wall, each unit so oriented as to have all exits open to the outside.

(2)

Single-family, detached, means a freestanding residence structure designed for or occupied by one family only.

(3)

Multiple-family means a residence designed for or occupied by three or more families, either wholly (attached) or partially a part of a large structure (detached), with separate housekeeping and cooking facilities for each.

Earth-sheltered building means a building constructed so that 50 percent or more of the exterior surface is covered with earth or in contact with earth. Exterior surface includes all walls and roof, but excludes garages and other accessory buildings. Earth covering on walls is measured from the floor of the structure's lowest level. Earth covering on the roof must be at least 12 inches deep to be included in calculations of earth covering. A partially completed building shall not be considered earth-sheltered.

Easement means a grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining walkways, roadways, and utilities, including, but not limited to, sanitary sewers, water mains, electrical lines, telephone lines, storm sewer or storm drainageways and gas lines.

Efficiency unit means a dwelling unit with one primary room which doubles as a living room, kitchen and bedroom.

Essential services means overhead or underground electrical gas, steam or water transmission or distribution systems and structure or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith, but not including buildings.

Excavation means any breaking of ground, except common household gardening and ground care.

Exterior storage (includes open storage) means the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Family means one or more persons related by blood, marriage or adoption. Five or fewer persons not related by blood, marriage or adoption will be considered a family regardless of ownership of the unit amongst the five or fewer persons.

Farm means a tract of land which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. Such farms may include agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.

Feedlot, agricultural, means an uncovered enclosure, or a covered enclosure for the purpose of feeding animals or poultry (maximum of 250 animal units); an accessory use incidental to a farming operation.

Feedlot, commercial, means an uncovered enclosure, or a covered enclosure with a maximum of 500 animal units at any one time for the purpose of feeding of animals or poultry, not an accessory use incidental to a farming operation.

Floor area means the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.

Frontage means that boundary of a lot which abuts an existing or dedicated public street.

Garage, private, means a separate building or separate portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.

Garage, public, means any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor driven vehicles.

Garage sale means a sale of household or personal articles (including, but not limited to, furniture, tools, clothing, household appliances, toys, books, sports equipment) held at the primary residence of the seller of the articles offered for sale, or in the case of a multifamily sale, at the primary residence of one of the individuals owning the articles offered for sale. The term "garage sale" includes, but is not limited to, rummage sales, yard sales, and moving sales.

Garage, storage, means any building or premises used for housing motor driven vehicles and at which automobile fuels are not sold or motor vehicles are not equipped, repaired, hired or sold.

Governing body means the city council.

Grade means the average of the finished level at the center of the exterior walls of the building. For an earth-sheltered building, grade means the average of the finished level at the center of the lot. For a building with earth berms but less than 50 percent earth covering, grade means the average of the finished level at the center of the building at the beginning of the earth berm.

Greenhouse means a structure that is constructed primarily of glass, glass-like or translucent material which is devoted to the protection or cultivation of food or ornamental crops.

Home occupation means any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on in a dwelling unit. Such uses include professional offices, minor and small appliance repair services, photo or art studios, dressmaking, barber shops, beauty shops, tourist homes, day care centers, or similar uses.

Hoop house means a temporary or permanent structure typically made of, but not limited to, piping or other material covered with translucent material for the purposes of growing food or ornamental crops. A hoop house is considered more temporary than a greenhouse.

Horticulture means horticulture uses and structures designed for the storage of products and machinery pertaining and necessary thereto.

Hotel means a building which provides a common entrance, lobby, halls and stairway and in which 20 or more people can be, for compensation, lodged with or without meals.

Junk yard/salvage yard means an open area including buildings where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles.

Kennel, commercial, means any lot or premises on which more than three dogs, cats or other household pets are either permanently or temporarily boarded, bred, or sold.

Loading space means 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.

Lodging room means 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 shall be counted as one lodging room.

Lot means a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof.

Lot area means the area of a lot in a horizontal plane bounded by the lot lines.

Lot, corner, means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

Lot coverage means the area of the zoning lot occupied by the principal buildings and accessory buildings. Earth berms are not to be included in calculating lot coverage. Only the above grade portions of an earth-sheltered building should be included in lot coverage calculations.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.

Lot line means the property line bordering a lot except that where any portion of a lot extends into the public right-of-way shall be the lot line for purposes of this chapter.

Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the county recorder.

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

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor's subdivision or a registered land survey that has been recorded in the office of the county recorder for Todd County or Wadena County, Minnesota, prior to the effective date of the ordinance from which this chapter is derived.

Lot, substandard, means a lot or parcel of land for which a deed has been recorded in the office of the county recorder upon or prior to the effective date of the ordinance from which this chapter is derived which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.

Lot width means the maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.

Manufactured/mobile home means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning, and electrical systems contained therein, except that the term includes any structure which meets all the requirements, and with respect to which the manufacturer voluntarily files a certificate required by the secretary and complies with the standards established under this chapter.

Manufactured/mobile home park means any site, lot field or tract of land under single ownership, designated, maintained or intended for the placement of two or more occupied homes. It shall include any buildings, structures, vehicle, or enclosure intended for use as part of the equipment of such mobile/manufactured home park.

Metes and bounds means a method of property description by means of its direction and distance from an easily identifiable point.

Mining means the extraction of sand, gravel, rock, soil or other material from the land in the amount of 1,000 cubic yards or more and the removal thereof from the site. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided such removal is an approved item in the building permit.

Modular home means a non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.

Motel (tourist court) means 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, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.

Motor home orrecreation vehicle means any vehicle mounted on wheels and for which a license would be required if used on highways, roads or streets, and so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes and used for recreational purposes.

Nursery, landscape, means a business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.

Nursing home means a building with facilities for the care of children, the aged, infirm, or place of rest for those suffering from bodily disorder. Said nursing home shall be licensed by the state board of health as provided for in Minn. Stats. § 144.50.

Open sales lot (exterior storage) means any 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 means a suitably surfaced and permanently maintained area on the privately-owned property either within or outside of a building of sufficient size to store one standard automobile.

Pedestrian way means a public or private right-of-way across or within a block, to be used by pedestrians.

Planned unit development means a residential development whereby buildings are grouped or clustered in and around common open space areas in accordance with a prearranged site plan and where the common open space is owned by the homeowners and usually maintained by a homeowners' association.

Planning commission means the city planning and zoning commission.

Principal structure or use means one which determines the predominant use as contrasted to accessory use or structure.

Property line means the legal boundaries of a parcel of property which may also coincide with a right-of-way line or a road, cartway, and the like.

Property owner means any person, association or corporation having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominant easement interest, or an option to purchase any of same, but not including owners of interests held for security purposes only.

Protective covenant means a contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.

Public land means land owned or operated by municipal, school district, county, state or other governmental units.

Public utility means any person, firm or corporation, municipal department, board or commission duly authorized to furnish, and furnishing under federal, state or municipal regulations to the public, gas, steam, electricity, sewage disposal, communications, telegraph, transportation or water.

Recreation, commercial, means and includes all uses such as bowling alleys, roller and skating rinks, driving ranges, and movie theaters that are privately-owned and operated with the intention of earning a profit by providing entertainment for the public.

Recreation, public, means and includes all uses such as tennis courts, ball fields, picnic areas, and the like that are 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.

Registered land survey means a survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of registered land survey number (see Minn. Stats. § 508.47).

Setback means the minimum distance between a structure or sanitary facility and a road, highway or property line.

Solar structure means a structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above, including below-ground portions of earth-sheltered buildings.

Story, half, means a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Street means a public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road or way.

Street, collector, means a street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.

Street, local, means a street intended to serve primarily as an access to abutting properties.

Street, major, or thoroughfare means a street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

Street pavement means the wearing or exposed surface of the roadway used by vehicular traffic.

Street width means the width of the right-of-way, measured at right angles to the centerline of the street.

Structural alteration means any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any change in the roof or in and exterior walls.

Structure means anything 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 means the division or re-division of a lot, tract, or parcel of land into two or more lots either by plat or by metes and bounds description.

Townhouse means a single-family building attached by party walls with other single-family buildings, and oriented so that all exits open to the outside.

Use means 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.

Use, accessory, means a use subordinate to and serving the principal use of structure on the same lot and customarily incidental thereto.

Use, nonconforming, means a use of land, buildings, or structures existing at the time of adoption of the ordinance from which this chapter is derived which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which use is located.

Use, permitted, means a public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and performance standards of a particular district.

Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory use. A "principal use" may be either permitted or conditional.

Use, temporary, means a use or building permitted by the board of adjustments and appeals to exist during periods of construction of the main building or use, or for special events.

Variance means a modification or variation of the provisions of this chapter where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of this chapter would cause undue hardship.

Yard means 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 such lot line to a depth or width specified in the setback regulations for the zoning district in which such 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, means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located.

Yard, rear, means that portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Yard, side, means the yard extending along the side lot line between the front yard and rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located.

Zoning administrator means the duly appointed person charged with enforcement of this chapter.

Zoning amendment means a change authorized by the city either in the allowed use within a district or in the boundaries of a district.

Zoning district means an area or areas within the limits of the city for which the regulations and requirements governing use are uniform as defined by this chapter.

(Prior Code, § 5.6.02; Ord. No. 496, art. I, 12-13-2011; Ord. No. 522, § 5.6.02, 10-8-2019)

This chapter is adopted for the purposes of:

(1)

Protecting the public health, safety, comfort, convenience and general welfare.

(2)

Dividing the area in the city into zones and districts regulating therein the location, construction, reconstruction, alteration and use of structures and land.

(3)

Promoting orderly development of the residential, business, industrial, recreational and public areas.

(4)

Providing for the compatibility of different land uses and the most appropriate use of land throughout the city.

(5)

Conserving the natural and scenic beauty and attractiveness of the city.

(6)

Minimizing environmental pollution.

(Prior Code, § 5.6.01)

(a)

This chapter shall be applicable to all lands and waters within the corporate limits of the city.

(b)

In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety and welfare.

(c)

No part of the yard or open space required for a given building shall be included as part of the yard or other space required for another building, and no lot shall be used for more than one principal building.

(d)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, silos, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinance of the city.

(e)

Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail (i.e., the Staples Municipal Airport Zoning Ordinance is more restrictive in some areas).

(Prior Code, § 5.6.03(a))

(a)

A lot or parcel of land in a residential district which was on record as a separate lot or parcel in the office of the county recorder or registrar of titles, on or before the date of adoption of the ordinance from which this chapter is derived may be used for single-family detached dwelling purposes provided the area and width thereof are within 65 percent of the minimum requirements of this chapter, and provided it can be demonstrated that safe and adequate sewage treatment systems can be installed to serve such permanent dwelling.

(b)

No more than one principal building shall be located on a lot.

(Prior Code, § 5.6.03(c))

Any structure or use existing upon the effective date of the adoption of the ordinance from which this chapter is derived may be continued subject to the following provisions:

(1)

A nonconforming use or structure may be replaced, expanded, or enlarged in conformity with the provisions of section 109-36, conditional use permits.

(2)

An existing nonconforming use shall not be allowed to be converted to another nonconforming use.

(3)

A nonconforming use of a structure which has been discontinued for a period of 12 months shall not be re-established and any further use shall be in conformity with the regulations of this chapter.

(4)

A nonconforming structure which is damaged by any cause to the extent of more than 50 percent of its market value as determined by the current records of the county assessor, shall not be restored except in conformity with the regulations of this chapter.

(5)

Normal maintenance of a nonconforming use and structure is permitted. Maintenance may include necessary non-structural repairs and incidental alterations which do not include or intensify the nonconforming use.

State Law reference— Nonconformities, Minn. Stats. § 462.357, subd. 1e.

(Prior Code, § 5.6.03(d))