(a)

Purpose. This chapter shall regulate and restrict the use of land and the use and location of buildings and structures and determine the area of yards and other places surrounding them; regulate and restrict the density of population; divide the City into districts for this purpose; adopt a map of the City showing boundaries and the classification of the districts; and prescribe penalties for the violation of its provisions.

(b)

Interpretation.

(1)

In the interpretation and application of this chapter, the provisions of this chapter shall be construed as minimum requirements for the promotion of public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for adequate light, pure air, safety from fire and other danger, undue concentration of population and ample parking facilities.

(2)

All measured distances in this chapter expressed in feet shall be to the nearest half foot.

(3)

In the event of conflicting provisions within this chapter, the more restrictive or specific provision shall apply. The Community Development Director must determine which is more restrictive or specific. Appeals from the determination may be made to the City Council.

(4)

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 or more specific standards or requirements shall prevail; provided, however that the State Building Code takes precedence over any conflicting provisions of this chapter.

(5)

Unless otherwise specified, all distances must be measured horizontally.

(c)

Scope. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by existing provisions of law, ordinance, contractor deed, the provisions of this chapter shall control.

(Code 1998, § 31-100)

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

Abandoned sign means any sign and/or its supporting sign structure and appurtenances which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Sign applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered abandoned for a period of up to one year, after which time, it must be removed.

Accessory building or structure means a detached subordinate building or structure customarily incidental to and located on the same lot as the principal building. Accessory buildings or structures are not attached to the principal structure. Carports and shipping containers are not considered accessory buildings or structures and are temporary in nature.

Accessory dwelling unit means a second dwelling unit on one lot, detached from a primary single-family residence and clearly secondary to a primary residence.

Accessory structure or facility, when found in Section 28-298 (Shoreland Management Overlay District), means any building or improvement that is subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

Accessory use means a subordinate use customarily incidental to and located on the same lot with the main use.

Accessory use, building, or structure, when found in Section 28-296 (Floodplain Overlay District) means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Accessory use or building means a subordinate use, building or structure customarily incident to and located on the same lot with the main use or building. Throughout this chapter, the terms "use," "building" and "structure" are synonymous and the term "building" includes within its meaning the terms "use" and "structure" when applying the development regulations in each district.

Accessory use or structure, when found in Section 28-296 (Floodplain Overlay District), means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Alteration means, as applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement whether by extending on a side or by increasing in height or the moving from one location or position to another.

Antenna, when found in Section 28-350, means any structure or device used for the purpose of collecting or radiating electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips.

Apartment house means a multifamily dwelling for three or more families living independently of each other and doing their cooking upon the premises.

Appurtenance, when found in Section 28-297 (St. Croix River Overlay District), means a structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto such as garages, decks, essential services, signs, docks and stairways and lifts, except that "the term" appurtenance does not include private water supply and sewage and waste disposal systems below the ground.

Area, building, means the aggregate of the maximum horizontal cross section areas of the main building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than three feet, steps and bay windows not extending through more than one story and not projecting more than three feet.

Area, lot, means the aggregate square feet contained in the proposed building site excluding therefrom areas within public easements for streets, flowage easements and areas covered by public waters and areas subject to intermittent flooding or overflow and any area included within a swamp or bog and those areas which have a slope of greater than 30 percent. The term "lot area" shall have the same meaning as the term "buildable" lot area.

Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service.

Automobile service station (gas station) means a place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is sold. The term "automobile service station" includes greasing and oiling and the sale of automobile accessories on the premises. The term "automobile service station" also includes the making of minor repairs, incidental body and fender work, painting or upholstering, the replacement of parts and motor services to passenger automobiles and trucks not exceeding 1½ tons capacity. The term "automobile service station" does not include major repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service including body, frame or fender straightening or repair, overhaul, painting, vehicle steam cleaning, automatic care or vehicle washing devices.

Automobile service use means auto and truck laundry, drive-in business, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services and restaurants.

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

Awning sign means any sign that is painted on or attached to an awning.

Banner means a sign intended to be hung either with or without a frame possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric, but not flags, emblems and insignia or political, professional, religious, educational or corporate if the flags, emblems and insignia are displayed for noncommercial purposes.

Basement, when found in Section 28-296 (Floodplain Overlay District), means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Bed and breakfast means an owner occupied historic residential structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation.

Billboard means a non-accessory sign erected for the purpose of promoting a product, event, person or subject not usually related to the premises on which the sign is located.

Bluff, when found in Section 28-298 (Shoreland Management Overlay District), means topographic features such as a hill, cliff or embankment having the following characteristics (an area with an average slope of greater than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff):

(1)

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

(2)

The slope rises at least 25 feet above the ordinary high-water level of the waterbody.

(3)

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

Bluff impact zone, when found in Section 28-298 (Shoreland Management Overlay District), means a bluff and land located within 40 feet from the top of the bluff.

Bluffline, riverway, means a line along the top of a slope in the St. Croix River Overlay District connecting the points at which the slope, proceeding away from the river or adjoining watershed channel, becomes less than 12 percent and it only includes slopes greater than 12 percent visible from the river or any watercourse tributary to the river. The location of the bluffline for any particular property shall be certified by a registered land surveyor or the Community Development Director. More than one bluffline may be encountered proceeding away from the river or adjoining watershed channel. All setbacks apply to each bluffline.

Building means a structure designed, built or occupied as a shelter or a roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures on wheels or other supports, used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes.

Building line means the line between the front yard setback line and the lot line where no building or other structure may be erected above grade level. The building line is considered a vertical surface intersecting the ground on this line. In Section 28-298 (Shoreland Management Overlay District), the term "building line" means a line parallel to a lot line or the ordinary high-water level at the required setback beyond which a structure may not extend. In Section 28-297 (St. Croix River Overlay District), the term "building line" means a line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions.

Building sign means any sign attached to or supported by any structure used or intended for supporting or sheltering any use or occupancy.

Building sign plan means an illustration that shows size, location, materials and lighting for all signs on a building or group of related buildings.

Building, structure, or site of potential historic significance means a building, structure or site, or a portion of same, with a construction date of 50 or more years ago.

CBD means a compound of the cannabis plant known as cannabidiol.

CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non-intoxicating).

CBD products means and includes industrial hemp products and hemp-derived products.

CBD retail establishment, intoxicating, means a business that sells any intoxicating CBD products and derives more than 50 percent of its gross revenue from the sale of any CBD products (intoxicating and non-intoxicating) or related devices.

CBD retail establishment, non-intoxicating, means a business that sells CBD products but all of them are non-intoxicating CBD products and derives more than 50 percent of its gross revenue from the sale of any CBD products or related devices.

Channel, when found in Section 28-297 (St. Croix River Overlay District), means a natural or artificial depression of perceptible extent with a definite bed and banks to confine and conduct flowing water either continuously or periodically.

Character defining features means the particular materials, ornamentation and architectural features that together define the historic character of the building, site, or district.

Clear cutting means removal of all or substantially all of a stand of trees in one cutting.

Club or lodge means a bona fide nonprofit association of persons paying annual dues.

Commercial planned unit developments, when found in Section 28-298 (Shoreland Management Overlay District), means uses typically that provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks and other primarily service-oriented activities are commercial planned unit developments.

Commercial recreation means commercial use of a building or premises for sports or leisure activities and/or rentals.

Commercial sign means any sign that promotes or identifies a product, business, service, entertainment, or any other matter of a commercial nature.

Commercial speech means any speech promoting a business, profession, commodity, service, or entertainment.

Commercial use, when found in Section 28-298 (Shoreland Management Overlay District), means the principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

Commissioner means the Commissioner of the Department of Natural Resources. (Applies to Sections 28-297 (St. Croix River Overlay District) and 28-298 (Shoreland Management Overlay District).

Conditional use.

(1)

When found in Section 28-296 (Floodplain Overlay District), the term "conditional use" means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

a.

Certain conditions as detailed in the zoning ordinance exist.

b.

The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

(2)

When found in Section 28-298 (Shoreland Management Overlay District), the term "conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in this chapter exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood.

Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the units' owners.

Conservancy, when found in Section 28-297 (St. Croix River Overlay District), means the practice or implementation of policies for the protection and preservation of the natural character of lands for their value to scenic enjoyment, wildlife, water and soil conservation, floodplain management, forestry and other such purposes.

Construction sign means a temporary sign at a construction site identifying the project.

Conversion condominium means a condominium containing a building which at any time before the recording of the declaration creating a condominium under State statutes contained residential rental units.

Crown cover means the ratio between the amount of land shaded by the vertical protection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage.

DBH means the diameter at breast height of a tree measured at a point approximately 54 inches above ground.

Deck, when found in Section 28-298 (Shoreland Management Overlay District), means a horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site, and at any point extending more than three feet above the ground.

Demolition means any act or process that destroys in part or in whole.

Demolition by neglect means the long-term neglect of a building, site or structure that contributes to a level of dilapidation so severe that rehabilitation of the building, site or structure may no longer be a viable option.

Development means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building development.

Development permit means any subdivision, planned unit development, zoning permit, grading permit, preliminary plat approval, rezoning, conditional use permit or variance.

Dimensional requirement means minimum and maximum setbacks, yard requirements and structure height or size restriction.

Directional sign means an official sign that contains no advertising and provides direction or instruction to guide persons or vehicles.

Directory sign means a sign used to guide pedestrians, but not vehicles, to individual businesses within a multitenant commercial area that is placed on the site of the development and may be erected only in internal pedestrian access areas.

Dog training facility means an indoor and/or outdoor facility utilized for the organized training of domestic dogs, but which includes no boarding.

Drive-in means any use where products or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is offered regardless of whether service is also provided within a building.

Dwelling means a building, excluding house trailers or mobile homes, designed or used as living quarters for one or more families.

Dwelling house means a detached house designed for and occupied exclusively as the residence of not more than two families, each living as an independent housekeeping unit.

Dwelling, multifamily, means a dwelling or group of dwellings on one parcel containing separate living units for three or more families, but which may have joint services or facilities.

Dwelling site, when found in Section 28-298 (Shoreland Management Overlay District), means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

Dwelling unit means one or more rooms providing complete living facilities for one family, including equipment or provisions for cooking and including rooms used for living, sleeping and eating. In Section 28-297 (St. Croix River Overlay District), dwelling unit means a residential accommodation that is intended for use as living quarters for one family.

Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug.

Electrical sign means signs and displays using electrical power.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Essential services means:

(1)

Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including, buildings or transmission service; and

(2)

Transmission services, buildings and storage. Transmission service such as electrical power lines or a voltage of 35 kv or greater, or bulk gas or fuel being transferred from station to station and not intended for en route consumption or other similar equipment and accessories in conjunction therewith; and

(3)

Public infrastructure to support government operations.

Family means a single individual doing his own cooking and living upon the premises as a separate housekeeping unit or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity or hotel.

FEMA means the Federal Emergency Management Agency.

Fence means any linear structure used to prevent access by persons or animals or prevent visual or sound transference.

Flashing sign means an illuminated sign that is not kept constant in intensity of light or color when the sign is illuminated.

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

Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Washington County, Minnesota, and Incorporated Areas. For the St. Croix River, the flood fringe includes the floodplain area between the ordinary high-water mark of the river and the outer limits of the floodplain.

Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

Floodplain Overlay District means a special zoning district that regulates development in the floodplain in addition to the underlay zoning regulations.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. For the St. Croix River, the floodway is defined as the river or lake area delineated by the ordinary high-water mark.

Floor area means the gross area of the main floor of a residential building, measured in square feet, and not including an attached garage, breezeway or similar area.

Floor/lot area ratio means the numerical value obtained through dividing the gross floor area of buildings by the net area of the lot or parcel of land on which the buildings are located.

Footcandle means a measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot.

Forest land conversion, when found in Section 28-298 (Shoreland Management Overlay District), means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest land.

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

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

Garage, private, means a building or a portion of a building in which motor vehicles used by the residents of the building on the premises are stored or kept.

Garage, public, means a building or portion of a building, used for the storage of motor vehicles, or where any vehicles are kept for money or hire and in which any sale of gasoline, oil and accessories are incidental to the principal use. This definition does not include private garage or repair garage.

Garage, public or storage, means a building or part thereof, other than a private garage, used for the storage of motor vehicles and in which service station activities are being carried on.

Garage, repair, means a building or space used for the repair or maintenance of motor vehicles, but not including factory assembly of vehicles, auto wrecking establishments or junkyards.

Garage sale sign means a temporary sign promoting a garage or rummage sale.

Governmental sign means a sign erected by a governmental unit for identification or traffic.

Graphic design sign means any mural or pictorial scene or graphic design painted on the side of a wall or building or painted on a sign board affixed to a wall and in which a mural or scene has its purpose artistic effect. A graphic design sign is a noncommercial speech sign.

Guyed tower, when found in Section 28-350 (Regulation of radio and television towers), means a support structure secured by guy wire anchored on multiple sides away from the tower base.

Harbor means a portion or body of water along the shoreline deep enough for watercraft navigation that offers protection from winds, waves, ice and currents. Natural harbors consist of bays and estuaries, while artificial harbors are constructed by dredging.

Hardship, when found in Section 28-298 (Shoreland Management Overlay District), means circumstances unique to an individual property which would deny the property owner a reasonable use of the land.

Height, building, means the vertical dimension, measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story, in the case of a flat roof, to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof. In Section 28-298 (Shoreland Management Overlay District), height of building means the vertical distance between the highest adjoining ground level at that building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.

Hemp or industrial hemp means the definition provided under Minn. Stat. § 18K.02, subd. 3.

Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp.

Heritage preservation site means any areas, lands, places, buildings, structures, districts or other objects that have been duly designated a local heritage preservation site by the City Council because of its historical, cultural, architectural, archaeological or engineering significance, pursuant to Section 4-83(2).

Historic context means a summary document created for planning purposes that groups information about historical properties based on a shared theme, specific time period and geographical area.

Historic resource means any building or structure that is not currently designated as a heritage preservation site, but which may be worthy of such designation because of its historical, cultural, architectural, archaeological or engineering significance.

Historic sign means a sign that is of historical significance or that is a historic resource within the meaning of Minn. Stat. ch. 116B.

Holiday sign means signs or displays that depict messages regarding a national, state or local holiday.

Home occupation means a business or enterprise conducted in a dwelling or accessory dwelling and incidental to the principal residential use whether conducted for profit or not for profit.

Hotel means a building containing rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests and where a general kitchen and dining room are provided within the building or in an accessory building.

Illuminated sign means any sign that contains an element designed to emanate artificial light internally or externally.

Industrial use, when found in Section 28-298 (Shoreland Management Overlay District), means the use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.

Institutional sign means a sign identifying a church, school, hospital, government or similar type institution.

Integral sign means a commemorative table permanently constructed as part of a building.

Integrity means a site's ability to convey its significance through retention of the physical aspects of location, design, setting, materials, workmanship, feeling, and association.

Intensive vegetation clearing, when found in Section 28-298 (Shoreland Management Overlay District), means the complete removal of trees or shrubs in a contiguous patch, strip, row or block.

Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. These include but are not limited to products made with Delta-8, Delta-9 and Delta-10.

Junk means any worn out, castoff or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged, and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.

Junkyard means the use of more than 40 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that part of a lot which adjoins a street for the storage, keeping or abandonment of junk.

Land disturbing activity means any activity that changes the volume or peak discharge rate of stormwater runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity that bares soil or rock or involves the diversion or piping of any natural or fabricated watercourse.

Lattice tower, when found in Section 28-350 (Regulation of radio and television towers), means a support structure constructed of vertical metal struts and cross braces forming a triangular, square, or other similar structure, which often tapers from the foundation to the top.

Legal nonconforming lot of record means a parcel of land that has been of record in the County Recorder's Office prior to January 1, 1963, and that has had no property line modifications since that date.

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

Lot means a parcel of land occupied or capable of being occupied by one building and the accessory building or uses customarily incidental to it, including the open spaces required by this chapter.

Lot, corner, means a lot at the intersection of and abutting on two or more intersecting streets, the angle of intersection being not more than 135 degrees. The land occupied, or to be occupied, by the corner building and its accessory buildings.

Lot, corner side yard, means a side yard adjacent to a street, alley or court.

Lot depth means the average horizontal distance between the front and rear lot lines or between the front lot line and the intersection of the two side lot lines if there should be no rear lot lines.

Lot, reversed corner, means a corner lot, the rear of which abuts upon the side of another lot.

Lot width means the distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.

Manufactured home, when found in Section 28-296 (Floodplain Overlay District), means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

Manufacturing, general, means all manufacturing, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. The uses, products or materials include, but are not limited to, the following: sawmill; refineries; commercial feed lots; acid; cement; explosives; flour, feed and grain milling or storage; meat packing; slaughterhouses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster of Paris; tanneries; automobile parts; paper and paper products; glass; chemicals; crude oil and petroleum products, including storage; electric power generation facilities; vinegar works; junkyard; auto reduction yard; foundry; forge; casting of metal products; rock; stone; cement products; and the drying or processing of milk or cheese and any derivative product.

Manufacturing, limited, means all uses which include the compounding, processing, packaging, treatment or assembly of products and materials, provided the use will not generate offensive odors, glare, smoke, dust, noise, vibrations or other objectionable influences that extend beyond the lot on which the use is located. Generally, these are industries dependent upon raw materials refined elsewhere. Uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), body work and painting, contractor shops and storage yard, food and nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles and used auto parts.

Marina means an area of concentrated small craft mooring, where ancillary facilities may be provided for fueling, sewage pump out, boat launching, boat repair and boat storage. Marina does not mean temporary docks associated with riparian residential development if the mooring area does not exceed the resource limitations of the site and the needs of the residents of the development.

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

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

Medical cannabis means the definition provided under Minn. Stat. § 152.22, subd. 6.

Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), and the requirements of the Commissioner of the State Department of Health or other applicable State law.

Medical cannabis laboratory means an independent laboratory permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with Minn. Stat. § 152.29, subd. 1(b), and the requirements of the Commissioner of the State Department of Health or other applicable State law.

Medical cannabis manufacturer means the definition provided under Minn. Stat. § 152.22, subd. 7.

Medical use means those uses concerned with the diagnosis, treatment and care of human beings. These uses include hospitals, dental services, medical services, clinics, nursing or convalescent homes, orphan homes, rest homes and sanitariums.

Mobile sign means signs on wheels or that can be easily moved from place to place.

Monopole towers, when found in Section 28-350 (Regulation of radio and television towers), means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

Monument sign means a sign not supported by exposed posts or poles which is architecturally designed and located directly at grade with a base at least as wide as the sign.

Motion sign means a sign that revolves, rotates, has any moving parts or gives the illusion of motion.

Motor freight terminal means a building or area in which freight brought by motor truck is transferred or stored for movement by a motor truck.

MS4 means the municipal separate storm sewer system.

Multitenant master sign means an on-premises sign identifying multiple tenants in a single building.

Nameplate sign means a sign that states the name and/or address of the business, industry or occupant.

Noncommercial sign means a sign for a noncommercial expression not related to the promotion of any product or service or the identification of any business.

Noncommercial speech means the dissemination of messages not classified as commercial speech that include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.

Nonconforming use means an existing building, structure or use of land which does not conform to the regulations of the district in which it is located. In Section 28-297 (St. Croix River Overlay District) nonconforming use means any use of land legally established before May 1, 1974, that does not conform to the zoning district use regulations.

Non-electronic message center means a sign or portion thereof that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device, that may be changed or re-arranged manually or mechanically with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign.

Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration.

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

Off-premises sign means a sign normally used for promoting an interest other than that of a business, individual, products, or services available on the premises where the sign is located.

Office uses means those commercial activities that take place in office buildings, where goods are not produced, sold or repaired. These include banks, general offices, governmental offices, insurance offices, real estate offices, travel agencies or transportation ticket offices, telephone exchanges, utility offices, radio broadcasting and similar uses.

Open sale lot means land devoted to the display of goods for sale, rent, lease or trade where the goods are not enclosed within a building.

Ordinary high-water level, when found in Section 28-298 (Shoreland Management Overlay District), means the boundary of public waters and wetlands and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high-water level is the operating elevation of the normal summer pool.

Ordinary high-water mark means a mark delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high-water mark is usually the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In Section 28-296 (Floodplain Overlay District), the ordinary high-water mark is 679.5 feet above mean sea level (AMSL) National Geodetic Vertical Datum (NGVD) of 1929 for the St. Croix River, 851.7 feet AMSL NGVD of 1929 for Lake McKusick, and 844.8 feet AMSL NGVD of 1929 for Lily Lake. In Section 28-297 (St. Croix River Overlay District), for the purpose of measuring setbacks, the ordinary high-water mark is 675.0 feet AMSL NGVD of 1929 for the St. Croix River.

Parking space means an area of at least 300 square feet, including access and maneuvering area, to be used exclusively as a temporary storage space for one private motor vehicle. Truck loading and unloading space shall not be included in such area.

Personal wireless cmmunication services (PWCS) means licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services.

Planned unit development, when found in Section 28-298 (Shoreland Management Overlay District), means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.

Political sign means signs announcing a candidate seeking office or issues to be voted upon on a public election.

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

Primary residence means the dwelling unit within which a person lives for six months, plus a day during a calendar year.

Primary resident means a person living on a property where the property is the person's primary residence.

Principal use or structure means all uses or structures that are not accessory uses or structures.

Projecting sign means a sign which is affixed to a building or wall in such a manner that its leading edge extends more than one foot beyond the surface of such building or wall face.

Public sign means a sign usually erected and maintained by a public agency that provides the public with information and in no way relates to a commercial activity. Examples of public signs include, but are not limited to, speed limit signs, stop signs, City limit signs, street name signs, directional signs, and historic points of interest.

Public utility means persons, corporations or governments supplying gas, electric, transportation, water, sewer, cable or land line or wireless telephone service to the general public.

Public utility sign means a sign that identifies public utilities.

Public waters means public waters as defined in Minn. Stat. § 645.44, subd. 8a.

Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Real estate development sign means a sign intended to sell or promote a development project.

Real estate sign means a sign placed upon a property to promote that property for sale, rent or lease.

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term "recreational vehicle" shall be synonymous with the term travel trailer/travel vehicle.

Regional flood means a flood which is representative of large floods known to have occurred generally in the State and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.

Regulatory flood protection elevation means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

Residential planned unit development, when found in Section 28-298 (Shoreland Management Overlay District), means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites.

Retail business uses means stores and shops selling personal services or goods over a counter. These include antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, carpet and rugs, catering establishments, China and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry (including repair), laboratories, medical and dental research and testing, laundry and dry cleaning pickup (processing to be done elsewhere), laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant if no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater (except open air drive-ins), tobacco, toys, variety stores, wearing apparel and similar type uses.

Riverway boundary means a legally described line delineating the landward extent of the St. Croix Riverway.

Roof sign means a sign erected and constructed wholly or in part on or above the parapet or eave line of a building.

Roominghouse means any dwelling in which more than three persons either individually or as families are housed or lodged for hire, with or without meals. A boardinghouse or furnished room house shall be deemed a roominghouse.

Rummage sale sign means a sign advertising a rummage or garage sale.

Scenic easement means an interest in land, less than fee title, which limits the use of the land for the purpose of protecting the scenic, recreational and natural characteristics of areas in the St. Croix Riverway. Unless otherwise provided by mutual agreement of the parties, the easement must be perpetually held for the benefit of the people of the State, specifically enforceable by its holder or any beneficiary, and binding on the holder of the servient estate, his heirs, successors or assigns. Unless provided by the parties, no easement can give the holder or any beneficiary the right to enter on the land except for enforcement of the easement.

Screening, when found in Section 28-297 (St. Croix River Overlay District), means existing or planted vegetation or topography which makes any structure on any property visually inconspicuous in summer months as viewed from the river.

Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Sensitive resource management, when found in Section 28-298 (Shoreland Management Overlay District), means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Setback building line means a line back of the lot line or right-of-way easement line, whichever is more restrictive, that defines the setback area in all yards.

Setback, when found in Section 28-297 (St. Croix River Overlay District), means the minimum horizontal distance between the part of a structure and the ordinary high-water mark or a bluffline. In areas where the ordinary high-water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. In Section 28-298 (Shoreland Management Overlay District), the term "setback" means the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high-water level, top of a bluff, road, highway, property line or other facility.

Sewage treatment system, when found in Section 28-298 (Shoreland Management Overlay District), means a septic tank and soil absorption system or other individual or cluster type sewage treatment.

Sewer system, when found in Section 28-298 (Shoreland Management Overlay District), means pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

Shore impact zone, when found in Section 28-298 (Shoreland Management Overlay District), means land located between the ordinary high-water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

Shoreland, when found in Section 28-298 (Shoreland Management Overlay District), means that lot which meets all of the following criteria:

(1)

A portion of the lot must be located within 1,000 feet of the ordinary high-water level of any public body of water or within 300 feet of the landward extent of a floodplain designated by the Floodplain Ordinance.

(2)

A portion of the lot must fall within a shoreland zoning district as delineated on the Zoning Map.

(3)

In areas near or adjacent to General Development Lakes (GD), only lots with water frontage are shorelands. In areas near or adjacent to Natural Environment Lakes (NE) or Brown's Creek all areas described in Subsections (1) and (2) of this definition are shorelands.

Short-term home rental means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days.

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

Sign area means the area framed visually by the construction, design or layout of a sign.

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

Significance means the importance of a heritage preservation site, historic district, or historic resource.

Significant historic site, when found in Section 28-298 (Shoreland Management Overlay District), means any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Places or is determined to be an unplatted cemetery that falls under the provisions of Minn. Stat. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the State Archaeologist or the Director of the State Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

Significant tree means a tree measuring at least six inches in diameter at 54 inches above ground (DBH). Cottonwood, silver maple, and box elder are protected at a size of 20 inches (DBH). Buckthorn and Siberian elm are not considered significant trees at any size.

Slope, when found in Section 28-297 (St. Croix Riverway Overlay District), means all land between the ordinary high-water mark and the riverway boundary having an angle of ascent or descent of more than 12 percent from the horizontal.

Slope, steep, when found in Section 28-298 (Shoreland Management Overlay District), means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this definition. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

St. Croix Riverway means all lands and public waters within the riverway boundary subject to the regulations of Section 28-297 (St. Croix River Overlay District).

Stealth tower, when found in Section 28-350 (Regulation of radio and television towers), means a support structure that uses manmade trees, clock towers, bell steeples, flagpole, light poles and similar camouflaging designs that camouflage or conceal the presence of the antenna. This includes monopole towers where all antennas are internal to the tower.

Street means a public thoroughfare which has been dedicated or deeded to the public and improved for public use.

Structure means anything constructed or erected by humans except for fences or walls or decks 18 inches or less in height. In Section 28-296 (Floodplain Overlay District), the term "structure" means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 28-296 and other similar items. In Section 28-297 (St. Croix River Overlay District), the term "structure" means any building or appurtenance thereto, including garages, decks, docks and stairways, except transmission services. In Section 28-298 (Shoreland Management Overlay District), the term "structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, tower, poles and other supporting facilities. In Section 22-3 (Tree and Forest Protection), the term "structure" means anything manufactured, constructed or erected that is normally attached to or positioned on land, including portable or temporary structures.

Structure, substandard, when found in Section 28-297 (St. Croix River Overlay District), means any structure legally established before May 1, 1974, which does not meet the structure setbacks or other dimensional standards of the St. Croix River Overlay District.

Subdivision, when found in Section 28-298 (Shoreland Management Overlay District), means land that is divided for the purpose of sale, rent or lease, including planned unit developments.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means, within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement.

(1)

The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed.

(2)

The term "substantial improvement" does not, however, include either:

a.

Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

b.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

(3)

For the purpose of Section 28-296, the term "historic structure" means:

a.

As defined in 44 CFR 59.1; or

b.

Locally designated as an individual property or as a contributing element of a historic district by the City Council through the process established by the Stillwater Heritage Preservation ordinance. The Stillwater Heritage Preservation Commission was certified by the State Historic Preservation Office and the Department of the Interior on January 29, 1988.

Surface water-oriented commercial use, when found in Section 28-298 (Shoreland Management Overlay District), means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use.

Temporary sign means a sign constructed of paper, cloth, canvas or other similar lightweight material and signs intended to be displayed for a short period of time.

Therapeutic massage business means a business that offers therapeutic massage services as defined by Chapter 6, Article IX.

Three-dimensional sign means a type of projecting sign that depicts a physical object.

Toe of the bluff, when found in Section 28-298 (Shoreland Management Overlay District), means the lower point of a 50-foot segment with an average slope exceeding 18 percent.

Top of the bluff, when found in Section 28-298 (Shoreland Management Overlay District), means the higher point of a 50-foot segment with an average slope exceeding 18 percent.

Tower, when found in Section 28-350 (Regulation of radio and television towers), means any pole, spire, structure or combination thereof, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.

Transportation terminal means truck, taxi, air, train, bus and mass transit terminal and storage area, including motor freight (solid and liquid) terminal, but only if accessory to a principal use permitted in industrial districts.

Tree means any woody plant that has at least one trunk with a diameter of six inches or greater measured at four feet above the ground.

Use means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

Variance, when found in Section 28-296 (Floodplain Overlay District), means a modification of a specific permitted development standard required in an official control including the ordinance from which this section was derived to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. In Section 28-297 (St. Croix River Overlay District), the term "variance" means any modification or variation of the dimensional standards, or other requirements of the St. Croix River Overlay District where it is determined that, because of hardships, strict enforcement of the dimensional standards or other requirements is impractical.

Visually inconspicuous, when found in Section 28-297 (St. Croix River Overlay District), means difficult to see or not readily noticeable in summer months as viewed from the river.

Wall sign means a building sign attached parallel to, but within one foot of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

Warehousing means the storage of materials or equipment within an enclosed building as a principal use including packing and crating.

Watercourse means a channel in Section 28-297 (St. Croix River Overlay District) in which a flow of water occurs whether continuously or intermittently. The term "watercourse" is applied to either natural or artificially constructed channels.

Wetland, when found in Section 28-297 (St. Croix River Overlay District), means land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, marsh or slough. In Section 28-298 (Shoreland Management Overlay District), the term "wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service.

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

Woodland means a group of trees at least one-half acre in area and with a crown cover of 50 percent or greater.

Yard means an open space on a lot unoccupied and unobstructed from the ground upward.

Yard, front, means an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the front lot line and the front line of the building projected to the sidelines of the lot.

Yard, rear, means an open, unoccupied space on the same lot with a main building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.

Yard, side, means an open, unoccupied space on the same lot with the main building situated between the building and the sideline of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a lot line.

(Code 1998, § 31-101; Ord. No. 1007, § 1(a), 4-21-2009; Ord. No. 1011, § 1(A), 12-15-2009; Ord. No. 1023, § 1, 12-7-2010; Ord. No. 1024, § 2, 12-7-2010; Ord. No. 1093, § 1, 5-2-2017; Ord. No. 1126, § 1, 6-18-2019; Ord. No. 1135, § 1, 11-19-2019; Ord. No. 1148, § 1, 8-18-2020; Ord. No. 1150, § 2, 9-15-2020; Ord. No. 1162, §§ 1, 2, 3-16-2021; Ord. No. 1175, § 1, 11-9-2021; Ord. No. 1192, § 1, 9-6-2022; Ord. No. 1194, § 1, 9-6-2022; Ord. No. 1200, § 1, 3-7-2023; Ord. No. 1202, § 1, 6-6-2023; Ord. No. 1231, § 1, 3-18-2025)

Except as provided in this chapter:

(1)

Conformity of building and land. No building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, placed, extended, enlarged or altered, except in conformity with the regulations specified for the district in which it is located as shown on the Zoning Map.

(2)

Vacant lots of record. Notwithstanding the limitations imposed by any other provisions of this chapter, the City Council may permit erection of a dwelling on any lot (except a lot in an industrial district), separately owned or under contract of sale and containing, on May 1, 1974, an area or width smaller than that required for a one-family dwelling, provided that municipal sewer and water service is available to the site.

(3)

Conformity of buildings. No building, structure or premises shall be erected, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for the building, structure or premises for the district in which it is located.

(4)

Conformity of open spaces. No yard or open space shall be included as a part of the yard or open space required for any other building, structure or dwelling.

(5)

Substandard lots. No lot, yard, court or other open space, already containing less area than the minimum required under this chapter, may be further divided or reduced.

(6)

Transition zoning. Transition zoning is as follows:

a.

Lots in two districts. Where a district boundary line divides a lot which is in single ownership and of record, the district requirements applying to the least restricted portion of the lot shall be considered as extending to the entire lot.

b.

Lots in residential zone adjacent to business or industrial zone. A residentially zoned lot having a side yard adjacent to any commercial or industrial district may be utilized in accordance with the use requirements of the next least restricted residential zone, provided that the area, height and other restrictions of the zone district in which it is located are met.

c.

Lots in business or industrial districts adjacent to a residential zone. Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along the abutting lines a yard equal in width or depth to that required in the residential district.

d.

Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district.

e.

Corner lot transition. On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on the side street.

f.

Parking lots and driveways abutting residential districts. Whenever a parking lot or driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a solid masonry wall or a substantial sightly fence not less than six feet high and not more than eight feet high, shall be constructed and maintained along the side or rear lot line up to, but not beyond, the setback building line. In addition, in all use districts, the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no glare directed or reflected toward a residence building or residential districts.

g.

Reversed corner lot abutting residential district. In the case of a reversed corner lot where the rear of a lot in a commercial district abuts upon the side of a lot on any residential district there shall be a rear yard of not less than 25 feet, provided further that where a public alley at least 25 feet in width separates the rear of the lot in the commercial district and the side of the lot in the residential district, no rear yard shall be required.

(7)

Existing nonconforming lots of record.

a.

In any district where residential uses are permitted, structures may be erected on any legal nonconforming lot of record, irrespective of its area, width or depth, provided that:

1.

The owner of the lot does not own any adjoining property;

2.

Only one dwelling unit shall be allowed unless the lot meets the minimum lot area requirements of the zoning district for additional dwelling units; and

3.

All other development standards for the zoning district are met.

b.

If the owner of the nonconforming lot also owns adjoining property, the subject nonconforming lot must be combined with the adjoining property prior to receiving a building permit for construction of a structure. If two or more platted lots, in which at least one of the lots is nonconforming individually, were previously combined for tax purposes, they cannot be uncombined and be considered buildable for purposes of this section. This subsection shall not apply to lots that fail to meet an area, width or depth requirement of Article IV or Article V, Division 4, of this chapter.

(Code 1998, § 31-102; Ord. No. 1024, § 3, 12-7-2010)