This chapter shall be referred to and cited as the "City of Walker Zoning and Subdivision Ordinance," except herein where it shall be cited as "this chapter."

(Code 2000, § 154.001; Ord. of 10-8-1998)

The violation of any provision of this chapter or the violation of the conditions or provisions of any permit issued pursuant to the chapter shall be a misdemeanor, and upon conviction thereof, the violator shall be penalized as provided in section 1-9. Each act of violation and every calendar day on which such violation occurs or continues shall be a separate offense. The owner of the subject property and any contractor involved shall be considered jointly liable.

(Code 2000, § 154.999; Ord. of 10-8-1998)

State Law reference— Penalty authorized, Minn. Stats. § 462.362.

(a)

Rules of interpretation. For the purpose of this chapter, the following rules shall apply to the interpretation of the language used herein:

(1)

The term "person" or "entity" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(2)

The masculine gender includes the feminine gender and vice versa.

(3)

The singular includes the plural and the plural the singular.

(4)

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

(5)

The term "may" is permissive, the term "shall" or "will" are mandatory. Mandatory compliance with the chapter shall allow for variances thereto.

(6)

All distances expressed in feet shall be to the nearest tenth of a foot or nearest inch, horizontally or vertically, except that plats and boundary surveys shall be to the nearest hundredth of a foot.

(7)

In the event of a conflict, the most restrictive provision shall apply.

(8)

Where provisions of this chapter are either more restrictive or less restrictive than applicable provisions for other laws, ordinances, statutes, resolutions, covenants, or regulations of any kind, the more restrictive shall prevail, except where authorized by the more restrictive agency.

(9)

Except as this chapter specifically provides, with provision for variances granted, no structure shall be erected, converted, enlarged, reconstructed, or altered and no structure or land shall be used for any purpose nor in any manner which does not conform with this chapter.

(b)

Definitions. 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 motor vehicle means:

(1)

A motor vehicle, as defined in Minn. Stats. § 169.011, that:

a.

Has remained illegally:

1.

For a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or

2.

On private property for a period of time, as determined under Minn. Stats. § 168B.04, subd. 2, without the consent of the person in control of the property; and

b.

Lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.

(2)

A classic car or pioneer car, as defined in Minn. Stats. § 168.10, is not considered an abandoned vehicle.

(3)

Vehicles on the premises of junkyards and automobile graveyards that are defined, maintained, and licensed in accordance with Minn. Stats. § 161.242, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles.

(4)

A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ, or court order is in effect.

State Law reference— Similar provisions, Minn. Stats. § 168B.011, subd. 2.

Accessory use or structure means a use or structure attached to the ground by a permanent method, on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure, which may include tower antennas, dish antennas, swimming pools, wind generators, garages, sheds, boathouses, and similar structures. An accessory structure does not include a structure attached to the principal structure or a separate structure used as guest quarters. Antennas shall meet all setback requirements, but shall not be subject to height restrictions.

Administrator/city clerk-treasurer means the duly appointed person responsible for the administration of the city's affairs.

Agricultural use means the use of land for the growing and/or production of crops, or livestock products for the production of income, including incidental retail sales of produce and animal products.

Alley/alleyway means a private or public passage or way which is less than the usual width of a street; possibly open to, but not designed primarily for, general vehicular traffic; intersects or opens to a street; and is primarily used for the ingress and egress or other convenience of one or more owners of abutting real property.

Animal husbandry means the care and breeding of domestic animals such as cattle, hogs, sheep, horses, and poultry.

Animal unit means a unit of measure based on the approximate production of wastes:

Attorney means the attorney duly appointed by the council to represent the city.

Auto salvage yard means a lot or yard where three or more unlicensed motor vehicles are stored while parts are removed, where crushing occurs, or where storage pending part removal and crushing may occur.

Bed and breakfast means a dwelling other than a resort or hotel where nightly accommodations including a breakfast meal are provided for compensation, containing up to six separate rental rooms.

Block means an area of land bounded by streets, exterior boundary lines, and/or bodies of water.

Bluff means:

(1)

A topographic feature such as a hill, cliff, or embankment having all the following characteristics:

a.

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

b.

A slope rises at least 25 feet above the ordinary high water level of the water body.

c.

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

d.

The slope must drain toward the water body.

(2)

An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff.

Bluff impact zone means the area of a bluff between the toe of the bluff and the top of the bluff.

Board of adjustments and appeals means the board, appointed by the city council, to hear appeals from actions of the zoning administrator and variance requests.

Building official means the person designated by the city council, and qualified by the Minnesota Building Code Division, to administer the Minnesota Building Code. The building official may also serve as the zoning administrator.

Building permit means the permit issued by the building official for the construction or modification of the structure; also known as a "construction permit" or "zoning permit."

Campground means a land use consisting of designated campsites with appropriate facilities designed for temporary occupation by tents or recreational vehicles as defined in Minnesota Statutes. The term "campground" includes public ownership, single private ownership, membership ownership, or individual site ownership with an owners' association, or management services with site rentals.

Cannabis cultivation means a cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.

Cannabis retail business means a retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers.

Cannabis retailer means any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.

CIC plat. See Common interest community (CIC) plat.

City means the City of Walker, Cass County, Minnesota.

City council means the duly elected governing body of the City of Walker.

City sewer or water systems means a system of municipally maintained utilities approved by the state and serving more than one building or property.

Commercial planned unit development are typically uses 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 development." The term "commercial planned unit development" includes time-shared CICs where part of a resort.

Commercial use means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, or services.

Commissioner means the commissioner of the department of natural resources.

Common interest community means contiguous or non-contiguous real estate that is subject to an instrument which obligates persons owning a separately described parcel of real estate, or occupying a part of real estate pursuant to a proprietary lease, by reason of ownership or occupancy, to pay for real estate taxes levied against; insurance premiums payable to; maintenance of; or construction, maintenance, repair, or replacement of improvements located on one or more parcels or parts of the real estate other than the parcel or part that the person owns or occupies. The term "common interest community" may include CIC plats, townhouse plats, or certain planned unit developments.

Common interest community (CIC) plat means a common interest community plat as described in Minn. Stats. § 515B.2-108, as it may be amended from time to time.

Comprehensive plan means a compilation of goals, policy statements, standards, programs, and maps for guiding the physical, social, and economic development of the city. Same as "official plan" and "city guide plan."

Conditional use means a land use or development as defined by ordinance that would not be appropriate without restriction, but may specifically be allowed with appropriate restrictions or conditions as determined and duly approved by the planning commission and council upon a finding that the use or development is an appropriate conditional use in the land use zone, and the use or development with conditions conforms to the comprehensive land use plan, and the use with conditions is compatible with the existing neighborhood, and the use with conditions would not be injurious to public health, safety, order, comfort, appearance, or prosperity of the community.

Condominium ownership means a form of ownership within a multi-owner building or complex wherein the boundaries are defined by a CIC plat in accordance with Minn. Stats. ch. 515A or subsequent revisions.

Controlled access lot means a riparian lot meeting the chapter standards for a buildable lot, owned by more than one owner in undivided interest, provided with facilities, and used for access, and not containing a dwelling.

Cul-de-sac means the circular turnaround at the end of a street with only one outlet. The terminus of the cul-de-sac shall have a 132-foot diameter right-of-way.

Daycare means a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

Deck means an uncovered, unscreened structure with or without attached railings or seats and which has a floor level more than three feet above ground.

DNR means the state department of natural resources.

Duplex, triplex, or quad means a dwelling structure on a single lot having two, three, or four dwelling units respectively being attached by common walls, and each unit being equipped with separate sleeping, cooking, eating, living, and interior sanitation facilities.

Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. Same as "campsite." (See Planned unit development (PUD).)

Dwelling unit means a structure or portion of a structure or other shelter designed for short- or long-term living quarters for one family, including rental or time-share accommodation such as motel, hotel, resort rooms, and resort cabins.

Dwelling, guest quarters, means a structure used as a dwelling unit that may contain sleeping spaces and/or kitchen and/or bathroom facilities in addition to those provided in the primary dwelling unit on a lot; dependent upon the principal structure for primary utilities, services, entrance, parking, and accesses; and not for rent or lease.

Dwelling, multifamily, means four or more dwelling units attached together by any point, including townhouses and multi-level units regardless of type of ownership.

Dwelling, single-family, means a dwelling unit totally separated from any other dwelling unit.

Easement means a grant by a property owner for the use of a tract of land for the purpose of construction and maintenance of utilities, including, but not limited to, sewers, water mains, electric lines, telephone lines, storm sewer or drainage ways, and gas lines. The term "easement" also includes easement for access for ingress and egress.

Engineer means the engineer duly appointed by the council to perform technical services for the city.

Exterior storage means storage of goods, materials, equipment, or manufactured products outside of a fully enclosed building.

Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock, industrial materials, metallic or nonmetallic minerals, or peat.

Family means an individual, or two or more persons related by blood, marriage, or adoption, living together in a dwelling unit or a group of not more than six persons not so related maintaining a common household.

Fence means a partition, wall, or gate erected as a divider, marker, barrier, or enclosure on a property boundary, or a barrier, screen, or enclosure within the property.

Final common interest community (CIC) plat means a drawing prepared by a licensed land surveyor depicting the condominium subdivision of real estate and related information conforming to the requirements of Minn. Stats. ch. 515B, as amended from time to time.

Final plat means a drawing prepared by a licensed land surveyor depicting the subdivision of land and related information conforming to the requirements of Minn. Stats. ch. 505, 515, 515A, or 515B, as they may be amended from time to time.

Floodplain means the areas adjoining a watercourse, intermittent or permanently flowing, which have been or will be covered by the runoff waters of a storm with a one percent chance of occurrence any year (100-year storm).

Floodway means the channel of the watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regional flood (100-year chance of occurrence).

Floor area means the sum of the gross horizontal areas of the several interior floors of a building excluding basements not used for occupancy.

Forest land conversion means the clear cutting of forested lands to prepare for a new land use other than the re-establishment of a subsequent forest stand.

Foundation means a concrete, concrete and concrete block, or treated wood portion of a structure which totally encloses the perimeter of the structure, supports the bearing loads of the superstructure, and penetrates the ground to provide frost protection.

Green space means privately owned property permanently dedicated by covenant to vegetative ground coverage with allowances for recreational facilities, tree coverage or watercourses, water supply, sewage disposal, and drives; or public property dedicated to park, vegetative buffer, tree coverage, or similar uses.

Home occupation means a use of commercial or professional nature conducted by an occupant of the dwelling entirely within the dwelling or accessory buildings which use is customarily incidental and secondary to the use of the dwelling for residential purposes. The term "home occupation" includes licensed day care for children within a home.

Impervious surface means the horizontal area (foot print) of buildings, patios, walks, driveways, accessory structures, and other surfaces generally impervious to the penetration of stormwater, including gravel drives and parking.

Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

Intensive vegetation clearing means the complete removal of trees or shrubs in a continuous path, strip, row, or block.

Interval ownership means a form of ownership of real property, condominium land, or space further defined by time interval reoccurring each year, resulting in more than one owner of the same property, also known as "time-share."

Junkyard means an area where used waste, discarded, or salvaged materials are brought, sold, exchanged, stored, baled, cleared, parked, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles, and used building materials. Storage of materials in conjunction with the construction or a manufacturing process shall not be included. Two or more automobiles without current licenses constitute a junkyard. Such use shall not include putrescible wastes such as garbage.

Lake classification means the formal classification by the department of natural resources of each body of public waters within the city.

Landscaping means the placement of trees, shrubs, grass, and walls and earth mounds or the utilization of existing natural vegetative cover equal thereto.

Leaseback by owner means an arrangement between an owner of property and a leasing agent or resort to promote and operate the property for rental purposes.

Litter means waste materials, including, but not limited to, cans, bottles, and plastic and paper wrappings or containers.

Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditor's plat, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, mortgage, building, or separation.

Lot area means the horizontal area of a lot bounded by the lot lines and the ordinary high water line, if bounded by water.

Lot line means the property lines bounding a lot, except that where the description extends into a public right-of-way, the right-of-way line shall be considered the lot line.

Lot tier depth means the lot tier depth of a normal lot conforming to the shoreland requirements; general development lake unsewered, first tier 200 feet; second and additional tiers 267 feet; general development lake sewered 200 feet for all tiers; recreational development lake, all tiers 267 feet; natural environment lake, 400 feet unsewered and 320 feet sewered.

Lot tiers means successive strips of land parallel with the ordinary high water line, each one tier depth wide, and extending across the parcel.

Lot width means the shortest distance between lot lines measured at the midpoint of the building line.

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 one street with the internal angle less than 135 degrees.

Lot, front, means the boundary of a lot which abuts on a public right-of-way, or if a corner lot, the shortest of the two boundaries. If the lot abuts public water, the lake side shall be considered the lot front.

Lot, pre-existing, means a lot which is one unit of a subdivision plat heretofore duly approved and filed or one unit of an auditor's subdivision or registered land survey, or a lot created by metes and bounds, any of which has been recorded in the office of the county recorder prior to the effective date of the ordinance from which this chapter is derived.

Metes and bounds means descriptions of property and descriptions of lots other than lots in recorded subdivision plats.

Mobile home/manufactured housing means a dwelling which complies with Minn. Stats. §§ 327.21—327.36, as it may be amended from time to time.

Mobile home/manufactured housing development means a form of planned unit development designed for mobile home/manufactured housing and including two possible types of ownership: Single ownership with site rentals or individual site ownership with a homeowners' association owning common property.

Motel/hotel means a commercial business with a central management to provide lodging and may provide related facilities such as restaurants, bars, and other recreational amenities. The term "motel/hotel" includes a boardinghouse with over five separate bedrooms.

Motor home campground means a land use consisting of designated sites with appropriate facilities designed for temporary occupation by Type A, Type B and Type C motor homes defined in Minn. Stats. § 168.002, subd. 17.

Nonconforming means any building, structure, or land use lawfully existing prior to and not in conformance with the provisions of this chapter.

Office of cannabis management means the Minnesota Office of Cannabis Management, referred to as "OCM" or the "office" in this article.

Open space district means a zoning district defined by natural features to be unsuitable for any dwelling; and unsuitable for any other development except in accordance with the conditional use permit process. Same as "special protection district."

Ordinary high water level (OHW) means the boundary of public waters and wetlands consisting of an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence on the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Where the department of natural resources has determined the ordinary high water level, that level is adopted. For watercourses where the department of natural resources has not made such a determination, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Parking space means a site off the public right-of-way, maintained and sized to be occupied by one automobile.

Party wall or floor means the structural divider between dwelling units vertically or horizontally, respectively.

Patio means an uncovered, unscreened platform without attached railings or seats which is three feet or less above ground at its highest point and is 250 square feet or less in area.

Permitted use means a land use conforming to the character of a zoning district which is permitted by this chapter requiring only a zoning permit or use permit issuable by the zoning administrator.

Pet means an animal, bird, reptile, or fish commonly associated with human habitation, not considered under animal husbandry, and not raised for production of income.

Planned unit development (PUD) means a land use 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 green space, density increases, and mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, co-operatives, full free ownership, commercial enterprises, or any combination of these, or cluster subdivisions of residential dwelling units, condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. The term "planned unit development" does not include a duplex where specifically allowed in a zoning district on a single parcel of land.

Planning commission means the body duly appointed by the city council to determine the development of the city to make recommendations to the city council on conditional use permits, comprehensive plans, zoning district boundaries, subdivision of land, and capital improvements.

Practical difficulties means the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

Preliminary license approval means OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. § 342.17.

Preliminary plat, preliminary CIC plat means a plan prepared in accordance with the subdivision regulations depicting the proposed subdivision of property by plat or CIC plat.

Principal structure or use means the single primary structure or use on a lot, as distinguished from accessory uses or accessory structures.

Protective covenants means restrictions placed on the property by the owner and duly filed with the county recorder. These may also be used in planned unit developments to establish homeowners' associations, restrict shoreline development, and provide for common facilities.

Public waters means any waters as defined in Minn. Stats. ch. 103G, as it may be amended from time to time. However, no lake, pond, or flowage of less than ten acres in size in municipalities need be regulated for the purpose of the shoreland management rule. A body of water created by a private user where there was no previous shoreline may, at the discretion of the local government, be exempted from the shoreland management. The official determination of the size and physical limits of drainage areas of rivers and streams should be made by the commissioner.

Recorder means the county recorder of Cass County.

Recreational vehicle campground means a land use consisting of designated sites with appropriate facilities designed for temporary occupation by recreational vehicles defined in Minn. Stats. § 168.002, subd. 27, but excluding those of a folding or pop-up nature, and tent trailers.

Recreational vehicles means vehicles including trailers less than eight feet wide or containing less than 600 square feet which are designed to be occupied as movable living quarters, and are licensed by the state for highway purposes.

Residential planned unit development means a use where the nature of residency is non-transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments.

Residential treatment facility is as defined in Minn. Stat. § 245.462.

Resort means a commercial business with a central management to provide necessary services and having dwelling units and/or campsites for rent or owned by time interval and may provide related facilities as restaurants, bars, golf courses, or other recreational amenities.

Retail registration means an approved registration issued by the County of Cass to a state-licensed cannabis retail business.

Right-of-way means a parcel of property dedicated to the public connecting to other public rights-of-way which afford primary access by pedestrians and vehicles to abutting properties.

School means a public school as defined under Minn. Stat. § 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. § 120A.24.

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

Sensitive resource management 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 means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an individual road, highway, property line, or other facility.

Setback, interior lot, means, in a planned unit development, the closest horizontal distance between the lot line and the foundation or wall of a structure when the lot line is not the exterior boundary of the development.

Setback, road, means the closest horizontal distance between the road right-of-way line and the foundation or wall of a structure.

Setback, side exterior, means the closest horizontal distance between the exterior boundary side lot line and the foundation or wall of a structure. This setback takes precedence over interior lot setback where any conflict exists.

Setback, waterfront, means the closest horizontal distance between the ordinary high water mark and the foundation or wall or edge of a structure.

Sewage treatment systems means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Minn. Rules ch. 7080, Individual Sewage Systems Treatment Programs, as it may be amended from time to time.

Sewer system means pipelines or conduits, pumping stations and force mains, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other waste to a point of ultimate disposal.

Shore impact zone means land located between the ordinary high water level of public water and a line parallel to it at a setback of 50 percent of the normal structure setback.

Shoreland means land located within the following distance from public water: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the water for lesser distances and when approved by the commissioner.

Shoreline property means a lot directly abutting a public water, generally located in the first tier adjoining the public water.

Sidewalk means a paved, surfaced, or leveled area, paralleling and separated from the street, used as a pedestrian walkway.

Sign means a name, identification, description, display, illustration, advertisement, or device which is displayed for the purpose of attracting attention to a person, product, place, activity, institution, or business.

Sign area means the area in square feet enclosed by the exterior perimeter of a sign not including the structural supports. Only the largest side of a double-faced sign or a v-shaped sign with no greater than a 30-degree angle between faces shall be considered.

Sign, off-site, means any sign not located on the contiguously owned property with the use which is advertised.

Sign, on-site, means any sign located on the contiguously owned property with the use which is advertised.

Significant historical site means any archeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historical Places, is listed in the state register of historical sites, or is determined to be an unplatted cemetery that falls under the provisions of Minn. Stats. § 307.08, as it may be amended from time to time. A historical 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 Minnesota State Archeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historical sites.

Sketch plan review means a preliminary discussion and review of a proposal in sketch plan form between the proposer and the planning commission to educate the commission as to the intent of the proposer, and to provide the proposer with feedback regarding concerns of the commission.

Spot zoning means the rezoning of land where the zoning district change is inconsistent with current development patterns, inconsistent with the city comprehensive plan, and will result in a negative impact on surrounding properties.

State license means an approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.

Steep slope means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness due to the site's soil characteristics as mapped and described in available county soils surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. 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, but which are not bluffs.

Storage shed means an accessory structure, not on fixed permanent footings or foundations, erected for the purpose of storing miscellaneous personal property, containing no plumbing, and not exceeding ten feet wide, ten feet long, and ten feet high, inside dimensions, and constructed of materials consistent with the principal structure and earthtone in color. Roof overhang shall not exceed 18 inches.

Street means a public right-of-way which affords primary vehicular access to abutting property and shall include an avenue, road, highway, boulevard, drive, etc.

Structure means any building, appurtenance including decks, or other facility constructed, placed, or erected by man except aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas lines and except walks or steps on grade not more than four feet wide, stoops not exceeding 30 square feet, fences less than six feet in height, temporary furniture, planters, and retaining walls consisting of wood or block four feet high or less. Fences exceeding six feet in height shall be considered structures.

Structure height means the vertical distance between the highest adjoining ground level at the 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 or ten feet below the peak, whichever is higher.

Structure 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.

Structure width means the smallest dimension of the major portion of the building.

Subdivider means the owner, agent, person, corporation, partnership, or legal entity proposing to subdivide property under his or her control.

Subdivision means the division of real estate into two or more parcels for the purpose of sale, rent or lease, or mortgage, including planned unit development.

Subdivision by CIC plat means the subdivision of a building or the subdivision of real estate into two or more spaces or parcels of any size by the authority of Minn. Stats. ch. 515, 515A, or 515B, as they may be amended from time to time, with documents prepared by a licensed land surveyor and duly approved by the planning commission and council.

Subdivision by metes and bounds means any division of real estate resulting in two or more parcels which are not platted, but divided by description prepared and signed by a licensed land surveyor. All subdivisions by metes and bounds resulting in residential parcels less than 20 acres or 500 feet in width, and commercial parcels less than five acres or 300 feet in width shall be considered for approval by the planning commission and council.

Subdivision by plat means the subdivision into two or more parcels of any size by the authority of Minn. Stats. ch. 505, as it may be amended from time to time, with documents prepared by a licensed land surveyor and duly approved by the planning commission and council.

Surface water-oriented commercial use 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 operation of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

Temporary structure means a structure of a temporary character, including, but not limited to, houseboats, recreational vehicles, tents, or shacks, used as dwellings for more than a five-day period per year. Any new dwelling constructed or placed after the date of this chapter and not on a permanent foundation shall be considered a "temporary structure."

Toe of bluff means either the lower point of a 50-foot segment with an average slope exceeding 18 percent, or the ordinary high water level, whichever is closer to the bluff.

Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding 18 percent.

Townhouse dwelling means a type of multifamily housing consisting of dwelling units attached by common party walls. Ownership may be defined by plat, CIC plat, or condominium plat.

Variance means a legally permitted deviation, as provided in Minn. Stats. § 462.357, subd. 6, as it may be amended from time to time, from the provisions of this chapter as deemed necessary by the board of adjustments and appeals.

Vegetation removal, clear cutting, means the removal of more than 75 percent and up to 100 percent of a stand of trees on a lot or parcel of land up to 40 acres.

Vegetation removal, open cutting, means the removal of more than 25 percent and up to 75 percent of a stand of trees on a lot or parcel of land up to 40 acres.

Vegetation removal, select cutting, means the removal of dead, diseased, or damaged trees or shrubs, removal of trees for placement of structures and drives, and further removal of only individual trees to uniformly thin up to 25 percent of a stand on a lot or parcel of land up to 40 acres. Complete brush removal is allowable including trees under ten feet in height.

Walkway means a parcel of land dedicated to the public for non-vehicular access purposes.

Water-oriented accessory structure or facility means a small above-ground building or other improvement except stairways, fences, docks, and retaining walls which because of the relationship of its use to a surface water feature is located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, patios, gazebos, screen houses, fish cleaning houses, and detached decks. Permanent covers over boat lifts are included; canvas covers are excluded.

Wetland means land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes:

(1)

Have a predominance of hydric soils;

(2)

Are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophilic vegetation typically adapted for life in saturated soil conditions; and

(3)

Under normal circumstances support a prevalence of such hydrophilic vegetation.

Zoning administrator means the duly appointed person responsible for the enforcement and administration of this chapter. The building official may also serve as the zoning administrator.

Zoning district means an area of the city defined on the zoning map, having uniform zoning provisions.

Zoning map means the map of the city, amended from time to time, which defines the boundaries of the zoning districts.

Zoning permit means a permit issued by the zoning administrator to allow the construction of a structure or to allow a land use when the provisions of this chapter have been met and when approval of any conditional use permits or variances have been granted and when the fees are paid. A zoning permit may have administrative conditions specific to the subject site when provided by this chapter. Where construction or modification of a structure is involved, a zoning permit is considered to be the same as the building permit and is issued by the building official.

(Code 2000, § 154.003; Ord. of 10-8-1998; Ord. No. 012005, 12-5-2005; Res. No. 17-2007, 6-4-2007; Ord. of 3-3-2008; Ord. No. 2012-04, 2-6-2012; Ord. No. 2025-01, § 1, 7-7-2025)

(a)

This chapter is established pursuant to the authority granted by the Minnesota Statutes, in particular Minn. Stats. chs. 103F, 103G, 115, 116, 462, 505, 515, 515A, and 515B, as amended from time to time.

(b)

This chapter is adopted for the purpose of:

(1)

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

(2)

Inaugurating and effectuating the goals of the comprehensive plan.

(3)

Promoting order in development by dividing the area of the city into zones and regulating therein the location, construction, reconstruction, alteration, and use of the structures and land.

(4)

Promoting order in development by providing for the subdivision of lands and buildings in accordance with the zoning districts of the city, and the establishment of streets and alleys and public grounds therein.

(5)

Conserving the natural and scenic beauty and attractiveness of the city for the health and welfare of the public.

(6)

Providing for adequate light, air, and access to property by regulating the use of the land, buildings, and the bulk of structures in relation to surrounding properties.

(7)

Providing for the administration of the provisions of the chapter and defining the authority and duties of the zoning administrator, planning commission, board of adjustments and appeals, and city council under this chapter.

(8)

Providing standards and criteria for the subdivision and zoning of shorelands to preserve and enhance, where feasible, the quality of surface waters, conserve the economic and natural environment values of shorelands, and provide for the wise use of water and related land resources of the city.

(9)

Providing procedures for variance when the minimum standards and criteria established herein create practical difficulties.

(Code 2000, § 154.002; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

Every section, provision, or part of this chapter or any permit issued pursuant to this chapter is declared separable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this chapter or any permit issued pursuant to this chapter shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof.

(Code 2000, § 154.009; Ord. of 10-8-1998)

When any condition imposed by this chapter on the use of land or buildings is either more restrictive or less restrictive than applicable conditions imposed by statute, rules, and regulations, other city ordinances, or regulations of other jurisdictions, the more restrictive shall apply. This chapter does not abrogate any easements, restrictions, or covenants imposed on the land by private declaration or agreement, but where such provisions are less restrictive than an applicable provision of this chapter, this chapter shall prevail.

(Code 2000, § 154.010; Ord. of 10-8-1998)

(a)

The city council may adopt amendments by a majority vote of all the members of the council except where a larger number is required by law to either this chapter or the zoning map in relation to the land uses within a district or the boundaries of the district. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals of the community or changes in the conditions of the city or to correct an error in the original zoning classification of the property.

(b)

An amendment may be initiated by the council, the planning commission, or by the property owner.

(c)

The zoning administrator/building official shall review the proposed changes and make a recommendation to the planning commission.

(d)

Applications for rezonings shall be made at least 30 days ahead of the proposed hearing date. After review, the planning commission shall cause all property owners within 350 feet of the proposed zoning district change to be notified by regular mail and shall publish a hearing notice for either a zoning district change or zoning chapter change in the legal section of the official newspaper and if the proposed change is in shorelands, shall provide notice to the DNR postmarked at least ten days ahead of the public hearing. The planning commission shall hold the hearing and make a recommendation to the city council within the necessary time frames. Adoption of a new zoning map shall require published notice only.

(e)

The city council shall review the recommendations and shall make a timely decision.

(f)

The planning commission and city council shall consider the criteria identified in section 109-80 et seq., prior to deciding on any rezoning of land.

(g)

The administrator/city clerk-treasurer shall publish a summary of the text of the change, a description of boundary change, or the new zoning map, whichever is appropriate, in the official newspaper within one week after action by the council and shall send a copy to the DNR if the change affects shorelands.

(Code 2000, § 154.011; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

State Law reference— Amendments, Minn. Stats. § 462.357, subd. 4.

(a)

Any pre-existing lot for which a deed, recorded contract for deed, or other legal conveyance or plat has been recorded prior to the effective date of the ordinance from which this chapter is derived shall be deemed a permittable lot without requiring a variance, provided all the setbacks can be maintained, and sanitary provisions for well and sewage disposal can be maintained, and the lot is at least 50 feet in width and contains at least 5,000 square feet.

(b)

If two or more pre-existing contiguous lots in total could not be divided into two or more lots meeting 80 percent of the requirements of this chapter for a new lot and are held by the same owner on the effective date of the ordinance from which this chapter is derived, they shall be considered one lot for building and zoning purposes. The lots shall be tied together with a restriction filed with the county recorder permanently requiring that the lots be considered as one lot only. This shall be required before a zoning permit is issued thereon.

(c)

Any lot in single ownership pre-existing as described in subsection (a) of this section which has been assessed sanitary sewer and has a separate stub shall be considered a permittable lot regardless of lot width, however, no lot containing less than 5,000 square feet shall be considered permittable. Commercial and limited commercial sewered lots with a structure in existence at the time of the adoption of the ordinance from which this chapter is derived shall be permittable regardless of width or area.

(d)

A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that:

(1)

All structure and septic system setback distance requirements can be met;

(2)

A Type 1 sewage treatment system consistent with Minn. Rules ch. 7080 can be installed or the lot is connected to a public sewer; and

(3)

The impervious surface coverage does not exceed 25 percent of the lot.

(e)

In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

(1)

The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minn. Rules ch. 6120;

(2)

The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minn. Rules ch. 7080, and local government controls;

(3)

Impervious surface coverage must not exceed 25 percent of each lot; and

(4)

Development of the lot must be consistent with an adopted comprehensive plan.

(f)

A lot subject to subsection (e) of this section not meeting the requirements of subsection (e) of this section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

(g)

Notwithstanding subsection (e) of this section, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 109-10 and Minn. Rules ch. 7080, or connected to a public sewer.

(h)

In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

(i)

A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(Code 2000, § 154.004; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

Any structure or use existing or planned unit development approved before the effective date of the ordinance from which this chapter is derived and which does not conform to the provisions of the chapter may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, subject to the following:

(1)

The nonconformity or occupancy is discontinued for a period of more than one year; or

(2)

Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.

(3)

Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subsection does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance.

(4)

Sewage treatment systems shall meet the requirements of Minn. Rules ch. 7080, Individual Sewage Systems Treatment Program, as it may be amended from time to time, except that a system shall be considered conforming if it was constructed pursuant to Rule WPC 40 or Minn. Rules ch. 7080 prior to amendment and is functioning properly. However, any cesspool, leaching pit, seepage pit, or other deep disposal method or a system too close to a water table shall be considered nonconforming. Sewage treatment systems shall be upgraded to a conforming status according to the following schedule:

a.

Upon issuance of any permit or variance for any improvement on, or use of, the property.

b.

Upon determination that leakage to the surface or lake or into an adjacent well is occurring, or determination that the system is discharging into the ground at an elevation less than three feet above the highest known water table.

c.

Upon determination by the zoning administrator that the system is inadequate for a change in occupation or use in the structure.

d.

Upon notice by the zoning administrator that the city's records indicate the system is nonconforming. Said notice shall be given by the zoning administrator once it is determined that a nonconforming system exists and with compliance required within a reasonable time after the date of such notice, normally not to exceed 60 days except during frozen conditions.

e.

Upon availability of a city sewer system to the property, connection to that system shall be made regardless of the conformance or nonconformance of the individual system, in accordance with the policies of the city.

f.

Owners of nonconforming sewage systems which, in the opinion of the zoning administrator, cannot be upgraded to conforming status using a drain field or mound system and which cannot be combined into a conforming private cluster system shall be required to use a holding tank. The holding tank shall include a water meter. All pumping records and a copy of a current contract with a certified pumper shall be provided annually to the zoning administrator by the owner.

(Code 2000, § 154.005; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

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

(a)

All structures and appurtenances shall be constructed in accordance with the Minnesota State Building Code. No door shall be designed to swing over a public sidewalk.

(b)

Sewage treatment systems shall conform to Minn. Rules ch. 7080, Individual Sewage Treatment Systems Treatment Programs, as it may be amended from time to time. Further, all systems shall be constructed by installers certified by the state to install on-site disposal systems. Sewage tanks being abandoned shall be thoroughly pumped and filled with soil.

(c)

Plumbing facilities installed after the date of the ordinance from which this section is derived shall conform to the state plumbing code and shall be inspected by a state licensed inspector. All structures shall conform to the state electrical code. The certification by the state electrical inspector shall be visible in the electric box.

(d)

Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the Minnesota Health Department. All wells must be constructed, maintained, and/or sealed by a well driller licensed by the state. A log for each well shall be filed with the city by the well driller along with a site plan and the results of a water test.

(e)

The provisions of this chapter were prepared to be at least as restrictive as the Minn. Rules pts. 6120.2500—6129.3900, Shoreland Management, as they may hereafter be amended from time to time, except as specifically authorized by the department of natural resources. The shoreland standards shall be the first city reference document and shall govern in case of oversight, exclusion, or question in this chapter and shall govern the city's administration of this chapter in shoreland matters where standards are set forth by the department of natural resources. The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in this chapter.

(Code 2000, § 154.006; Ord. of 10-8-1998)

It shall be the property owner's responsibility to secure necessary concurrent permits, such as state waste disposal permits, health department permits, Corp of Engineers permits, department of natural resources public water permits, and department of natural resources water appropriation permits. Approval by the city does not imply approval by other agencies.

(Code 2000, § 154.007; Ord. of 10-8-1998)

The proposer of any project exceeding the limits defined in the Minn. Rules ch. 4410, Environmental Quality Board, Environmental Review, as they may be amended from time to time, shall submit a draft environmental assessment worksheet for the city to review with other pertinent data.

(1)

The applicant for a permit for any action for which environmental documents are required either by state law or rules or by the planning commission shall supply in the manner prescribed by this chapter all unprivileged data or information reasonably requested by the city that the applicant has in his or her possession or to which he or she has reasonable access.

(2)

The applicant for a permit for any action for which an environmental assessment worksheet (EAW) is required either by state law or rules or by the planning commission shall pay all costs of preparation and review of the EAW and environmental impact statement (EIS), if required. Upon request of and in a manner prescribed by the city, the applicant shall supply all information necessary to complete that document. If an EIS is required, the applicant shall provide all information, plans, and data pertaining to the proposal required by the city to prepare the EIS.

(3)

No permit for an action for which an EAW or EIS is required shall be issued until all costs of the preparation and review are paid and the environmental review process has been completed.

(4)

The administration of an EAW or EIS shall be in accordance with the rules and regulations of the Minnesota Environmental Quality Board. The zoning administrator shall be responsible to the city council and have the authority to administer the environmental review process. The planning commission shall review each document and make recommendations to the city council whose decisions shall be final.

(Code 2000, § 154.008; Ord. of 10-8-1998)