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(A) Purpose. The B-2 General Business District is intended to serve the community by providing a district for high density retail sales, business and personal services, business and professional offices, and for specialized businesses dependent upon a high volume of pedestrian traffic.
(B) Permitted uses. The following uses shall be permitted within the B-2 General Business District:
(1) Antique, jewelry, gift, novelty, or souvenir stores;
(2) Apparel and accessory stores;
(3) Appliance stores (sales and service), hardware stores, paint and wallpaper stores, sewing machine sales and service, bicycle sales and service;
(4) Art and school supply, book and stationery stores;
(5) Art galleries;
(6) Art, photographic, recording, music and dance studios and schools;
(7) Bakeries, retail, employing not more than 4 persons in the baking process;
(8) Banks, savings and loan associations, and loan and finance companies, including drive-in facilities;
(9) Bars, including lounges, night clubs, on-sale liquor establishments;
(10) Barber and beauty shops;
(11) Billboards and signs (as regulated by the sign regulations);
(12) Business, commercial, or trade schools;
(13) Business machines stores;
(14) Camera and photographic supply stores, hobby and toy stores, sporting goods stores, music and musical instrument stores;
(15) Cabinet, carpenter, upholstering, or furniture repair shops employing not more than 4 persons in the construction or repair process;
(16) Clinics, dental or medical;
(17) Dairy stores;
(18) Department stores;
(19) Dressmaking, seamstress, tailor;
(20) Drugstores;
(21) Farm equipment sales and service;
(22) Floral sales;
(23) Furniture stores, home and office furnishings, carpet and rug stores;
(24) Garden and lawn equipment sales and service stores;
(Am. Ord. passed 9-4-2001)
(25) Gas stations, vehicle repair shops, including tire and battery stores, and body shops;
(Am. Ord. passed 9-4-2001)
(26) Government or municipal buildings including libraries;
(27) Grocery stores, fruit, vegetable, floral, candy, ice cream, soft drink or confectionary stores, excluding drive-in type service;
(28) Health equipment stores, health clubs, gyms;
(29) Interior decorators;
(30) Laboratories, dental or medical;
(31) Laundromats and dry cleaning collection stations;
(32) Liquor stores (off-sale);
(33) Locksmiths;
(34) Luggage stores and leather goods;
(35) Meat markets and frozen food lockers;
(36) Medical supply stores;
(37) Mortuaries or funeral homes;
(38) Motels, hotels, or boarding houses;
(39) Newspaper offices, printing and publishing shops;
(40) Offices of any type including employment agencies;
(41) Opticians and optical goods;
(42) Parks;
(43) Parking lots and garages;
(44) Photographic studios or picture processing;
(45) Plumbing, heating, and air conditioning shops and showrooms (supplies and sales);
(46) Post offices;
(47) Public utility service stores;
(48) Radio or television broadcasting or transmitting stations or studios;
(49) Radio and television sales and service;
(50) Repair, rental, and servicing of any article the sale of which is permitted in this district;
(51) Restaurants, cafes, delicatessens, or taverns, excluding drive-in type of service;
(52) Shoe sales and repair shops;
(53) Telephone exchanges;
(54) Theaters, not including drive-in theaters;
(55) Travel bureaus or agencies;
(56) Variety stores;
(57) Vending machines for ice, milk, and pop sales;
(Am. Ord. passed 11-6-1996)
(58) Sales and service of new and used cars, trucks, all-terrain vehicles (ATVs), motorcycles, personal watercraft, and snowmobiles; and
(Ord. passed 9-4-2001)
(59) Adult uses, accessory.
(Ord. passed 5-6-2002)
(C) Conditional uses. The following conditional uses may be allowed in the B-2 General Business District:
(1) Apartment buildings from 1 to 4 units each;
(2) Armories;
(3) Bowling alleys;
(4) Bus terminals;
(5) Dance halls;
(6) Electronic and electrical assembly establishments, electric service shops;
(7) Mini-storage facilities;
(8) Skating areas;
(9) First and second floor apartments related to commercial structures;
(10) Any other business activities of the same general character as listed in division (B) above; and
(Am. Ord. passed 11-6-1996)
(11) The mixing and blending of micro and macro feed supplements for animal nutrition purposes.
(Ord. passed 10-2-2000)
(D) Accessory uses. The following shall be accessory uses within the B-2 General Business District: accessory uses incidental to and located on the same lot as the uses permitted in divisions (B) and (C) above. This includes display/sales lots for items sold in this district such as farm equipment and new and used cars and trucks.
(Am. Ord. passed 1-3-2005)
(E) Height regulations. No building shall hereafter be erected or structurally altered to exceed 45 feet in height.
(F) Front yard regulations. No front yard setback shall be required.
(G) Side yard regulations. No side yard shall be required, except that where a building abuts upon a lot in any of the classes of residential districts, then a 20-foot side yard setback shall be required.
(H) Rear yard regulations. No rear yard shall be required, except where a building abuts upon a lot in any of the classes of residential districts, then a 20-foot rear yard setback shall be required.
(I) Lot width. A minimum lot width of 22 feet shall be required.
(J) Lot depth. A lot depth of 100 feet shall be required.
(K) General regulations. Additional requirements applicable to the B-2 General Business District are set forth in § 150.11.
(Ord. 106, passed 3-13-1995) Penalty, see § 150.99
(A) Purpose. The I-1 Industrial District is intended to encourage industrial development in the appropriate areas of the city. These uses shall maintain a high level of performance and appearance, including open spaces and landscaping and encourage development that is compatible with surrounding abutting districts.
(B) Permitted uses. The following uses shall be permitted within the I-1 Industrial District:
(1) Aircraft rental, sales, servicing, and related activities;
(2) Antennae for radio, television, and broadcasting studios and facilities;
(3) Art equipment supplies - manufacture;
(4) Bags, boxes, and paper containers - manufacturing and storage;
(5) Bakery products - wholesale;
(6) Bottling establishments;
(7) Blank books, looseleaf binders - fabrication and assembly;
(8) Books and binding;
(9) Building materials sales and storage - lumber yards;
(10) Cabinet and woodworking establishments;
(11) Cartage and express facilities;
(12) Clothing manufacture;
(13) Camera and photographic manufacturing;
(14) Cold storage plants, commercial printing, publishing, engraving and reproduction firms;
(15) Commercial printing, publishing, and reproduction firms;
(16) Confectionery and related products - manufacture and packaging;
(17) Dental instruments and supplies;
(18) Dry cleaning and dying establishments;
(19) Electric lighting and wiring equipment - manufacture;
(20) Electric measuring and testing equipment - manufacture;
(21) Electronic measuring and testing equipment - manufacture;
(22) Electrical products and appliances - manufacture and assembly;
(23) Farm implement sales and storage;
(24) Footwear - manufacture and fabrication;
(25) Freight terminal;
(26) Frozen food lockers;
(27) Hand and edge tools (except machine tools) - manufacture and assembly;
(28) Hardware warehousing and distribution operations;
(29) Highway maintenance shops and yards;
(30) Ice plants and ice cream plants;
(31) Jewelry manufacture;
(32) Laboratory instruments and associated equipment, scientific and testing;
(33) Laundries, large scale;
(34) Luggage, handbags, and similar items - manufacture and assembly;
(35) Mail order houses;
(36) Medical and surgical instruments and supplies;
(37) Office buildings directly related to any of the uses permitted in this district;
(38) Office furniture and supplies - manufacture and assembly;
(39) Optical instruments and lenses - manufacture and assembly;
(40) Patterns - design and manufacture;
(41) Pottery shops;
(42) Precision instruments;
(43) Plastic extrusion and molding and fixture;
(44) Plumbing fixtures and equipment - wholesale/retail;
(45) Radio and television - assembly and parts fabrication;
(46) Signs and billboards (as regulated in § 150.13);
(47) Sports equipment - manufacture and assembly;
(48) Scientific and research instruments and equipment - manufacture and assembly;
(49) Telephone and telegraph apparatus - manufacture and assembly;
(50) Temperature controls - fabrication and assembly;
(51) Trade schools;
(52) Welding supply;
(53) Wholesale business facilities;
(54) Warehousing facilities;
(55) Other uses clearly similar to uses permitted in this district; and
(56) Adult use, accessory.
(C) Conditional uses. The following uses may be allowed in the I-1 Industrial District:
(1) Automotive, truck, and other internal combustion engine equipment repair;
(2) Bulk fuel sales and storage facilities (but not including facilities associated with the collection, storage or processing of waste, used, or recyclable petroleum products);
(3) Contractors offices, shops and yards for plumbing, heating, glazing, painting, roofing, ventilating, air conditioning, masonry, electric and refrigeration;
(4) Electrical substations;
(5) Fertilizer and chemical sales and storage;
(6) Grain elevators;
(7) Monument works;
(8) Planned industrial parks;
(9) Any manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products similar to those listed in division (B) above which conform with the performance standards set forth for this district; and
(10) Adult use, principal.
(D) Accessory uses. The following uses shall be accessory uses within the I-1 Industrial District:
(1) All uses customarily incidental to the uses permitted in divisions (B) and (C) above; and
(2) Off-street parking and loading as regulated in § 150.12.
(E) Height regulations. No structure shall exceed 4 stories or 45 feet in height, except that cooling towers, elevator penthouses, domes which do not contain usable space, water towers, and smoke stacks and storage bins may be of any height which does not conflict with airport requirements.
(F) Front yard regulations.
(1) There shall be a front yard setback of not less than 130 feet from the center line of all federal, state, county, and county-state aid highways, except for divided highways which will require 100 feet from the highway right-of-way line.
(2) There shall be a front yard setback of not less than 65 feet from the center line of all other public rights-of-way or private roads.
(3) Where a lot is located at the intersection of 2 or more roads or highways, there shall be a front yard setback from each road or highway side of each corner lot. No accessory buildings shall be allowed within the required front yard.
(G) Side yard regulations. There shall be a side yard on each side of a building, each yard having a width of not less than 15 feet, except where a district abuts a residential district, the side yard shall have a width of not less than 50 feet and shall contain a solid fence or a vegetative screening.
(H) Rear yard regulations. There shall be a rear yard having a depth of not less than 15 feet, except where the district abuts a residential district, there shall be a rear yard having a depth of not less than 50 feet, and shall contain a solid fence or a vegetative screening.
(I) Lot area regulations. Every individual lot, site, or tract shall have an area of not less than 1 acre.
(J) Lot coverage regulations. Not more than 40% of the total area of a lot shall be covered by buildings.
(K) General regulations. Additional requirements applicable to the I-1 Industrial District are set forth in § 150.11.
(Ord. 106, passed 3-13-1995; Am. Ord. passed 5-6-2002) Penalty, see § 150.99
(A) Intent. It is the intent of this section to guide development so as to create a compatible relationship of land uses by maintaining certain standards. Within the various districts, the permitted uses, conditional uses, and accessory uses shall conform to these standards. Standards listed herein shall be construed as minimum standards and the City Council may require adherence to approved or suggested State of Minnesota standards.
(B) Compliance. In order to ensure compliance with the performance standards set forth herein, the Planning Commission may require the owner or operator of any facility to have made the investigations and tests as may be required to show adherence to the performance standards. The investigation and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city, at the applicant’s expense.
(C) Landscaping. All required yards shall either be landscaped or be left in a natural state. Any area left in a natural state shall be property maintained in a sightly and well-kept condition. Businesses in the highway business district and industrial district adjoining any residential structures shall be landscaped with either a fence or buffer planting screens at least 5 feet in height. Plans of the screens shall be submitted for approval as a part of the site plan and installed prior to the commencement of operation.
(D) Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity, except for noise from agricultural sources in the A-1 Agriculture District generated by agricultural use shall be exempt.
(E) Odors. Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter of the quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a zoning permit, except odors from agricultural sources.
(F) Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall be directed at or illuminate adjacent properties.
(G) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.
(H) Vibration. Any use creating periodic earth-shaking vibrations shall be prohibited if the vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.
(I) Smoke and particle matter. Any use established, enlarged, or remodeled after the effective date of this chapter shall be so operated to meet the minimum requirements of the Minnesota Pollution Control Agency for the emission of smoke or other particulate matter.
(J) Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding standards set forth by the Minnesota Pollution Control Agency, Department of Health, or other federal or state agency.
(K) Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein the use is located, toxic or noxious matter in the concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.
(L) Height regulations.
(1) Where the average slope of a lot is greater than 1-foot rise or fall in 7 feet of horizontal distance from the established street elevation at the property line, 1 story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.
(2) Height limitations set forth elsewhere in this chapter may be increased by 100% when applied to the following:
(a) Monuments;
(b) Flag poles;
(c) Cooling towers;
(d) Elevator penthouses; and/or
(e) Windmills.
(3) Height limitations set forth elsewhere in this chapter may be increased with no limitation when applied to the following, provided a conditional use permit is issued to increase height:
(a) Church spires, belfries, or domes which do not contain usable space;
(b) Water towers;
(c) Chimneys or smokestacks;
(d) Radio or television transmitting towers;
(e) Essential service structures; and/or
(f) Grain elevators.
(M) Yard regulations. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications.
(1) Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding 4 feet, 6 inches.
(2) Fire escapes may extend into the required front yard a distance not exceeding 4 feet, 6 inches.
(3) A landing place or uncovered porch may extend into the required front yard to a distance not exceeding 6 feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than 3 feet may be placed around the place.
(4) The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project into the required side yard distance, except on existing lots that are 50 feet or less in width, these allowable architectural features may project into the required side yard a distance of 2 feet.
(5) A wall, fence, or hedge may occupy part of the required front, side, or rear yard.
(6) The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a road or public road by obscuring the view.
(N) Area regulations.
(1) No lot shall be so reduced that the area of the lot or dimensions of the open spaces shall be smaller than herein prescribed.
(2) No dwelling shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space on the same lot. No building shall hereafter be erected or altered so as to close the present means of access to an existing dwelling or so as to diminish this means to a width less than the width of the existing dwelling.
(O) Accessory uses.
(1) In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than 5 feet to the main building, except as otherwise provided in this chapter.
(2) A detached accessory building shall not be located in any required front yard.
(3) A garage or building larger than 10 feet by 12 feet shall be considered a dwelling for purposes of side and rear yard regulations and requirements.
(4) A detached accessory building not over 1 story and not exceeding 16 feet in height, from the grade at the front wall of the building to the highest point of the roof, shall occupy not more than 30% of the area of any rear yard, providing further that no detached accessory building shall be located within 10 feet of any side lot line, except as noted in the residential district.
(5) In districts where filling stations are allowed, pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street right-of-way lines.
(Am. Ord. passed 11-6-1996)
(P) Buildings to be moved. Any building or structure which has been wholly or partially erected on any premises, located either within or outside of the city shall not be moved to and be placed upon any other premises in this city until an authorization to use the building or structure shall have been secured and a zoning permit obtained. In the event circumstances do not permit the owner to secure prior approval and permits, the owner shall immediately notify the Administrative Clerk/Treasurer that the building is being moved. The owner must secure a permit at the next meeting of the Planning Commission for any such building which has been moved. Any such building or structure shall conform to all the provisions of this chapter, in the same manner as a new building or structure.
(Q) Traffic visibility. No fence, wall structure, planting, or obstruction shall be erected, established, or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection. An object on the lot lines adjacent to the street within the required front yard and not exceeding 36 inches in height, as measured from the center line elevation of the street, shall not be considered as an obstruction to vision.
(R) Fences.
(1) All boundary line fences shall be entirely located upon the private property of the persons, firm, or corporation constructing, or causing the construction of the fence. All fences shall be set back at least 1 foot from all property division lines and those fences exceeding 3 feet in height shall maintain a 3-foot setback from a lot line unless:
(a) Mutual agreement can be demonstrated with abutting property owners; and
(b) A maintenance easement agreement can be drafted and agreed to by both affected parties; or
(c) Mutual ownership and responsibility agreements can be drafted and demonstrated to the City Council.
(2) Fences in the agricultural and residential districts shall not exceed 6 feet in height in the side and rear yards and shall not exceed 3 feet in height in the front yard.
(3) Fences in the business and industry district shall not exceed 6 feet in height except security fences, which shall not exceed 8 feet in height including barbed wire toppings.
(4) No fences shall be constructed within utility easements.
(5) All boundary line fences shall be constructed of decorative wood, decorative metal, decorative vinyl, or PVC or chain link fencing. Boundary line fences shall contain an adequate number of upright supports properly installed and the fence will be securely fastened to the supports to ensure that the fence shall remain in an upright position and not sag. Any type of fencing erected shall not be attached to trees. Snow fencing, barbed wire (unless used on the top of a fence otherwise constructed of chain link material and then only on a fence erected in a business or industrial district), woven wire, electric fence and other similar types of fencing are not permitted to be used as boundary line fences. Property owners shall maintain both sides of fences located on their property in reasonable repair and shall not be allow them to become and/or remain in a condition of disrepair or danger, or constitute a public or private nuisance. Fences shall be constructed with a finished side facing outward.
(6) Temporary fencing that meets a limited time use such as a seasonal fence to protect gardens from wandering animals, for crowd control or around a construction or demolition area or where a possibly hazardous condition may occur is permitted; however, these types of fences must be taken down as soon as the use is completed.
(7) Fencing to control the blowing of snow is also permitted; however, the fencing may only be erected between the dates of November 1 and April 1, or as soon after that date as the snow melts sufficiently to allow the fence to be taken down. Snow fencing shall meet the same height and setback requirements as those of boundary line fences.
(8) Hedges consisting of shrubs and other plantings in the front yard shall be no higher than 3 feet. On corner lots, no hedge or fence shall be erected, placed, planted, or allowed to grow in such a manner as would impede vision, obscure the view, or cause danger to traffic on a street, alley, or public road. All hedges shall be planted to meet the setback requirements from property lines that are required of fences when the hedges are mature. Hedges shall be maintained by the property owner upon which they are located so they do not constitute a nuisance to neighboring property owners or a danger to public health safety or welfare.
(Am. Ord. passed 12-7-1998)
(S) Lot survey requirements. In the cases where fences are being erected on property lines or structures are being enlarged within questionable distances of the applicable setbacks in districts, the Amboy Planning Commission will require the applicant (at the applicant’s expense) to have the lot surveyed and staked in order to insure compliance with those regulations established by the city.
(T) Limits on a request for a variance, conditional use permit, or amendment. A request for a variance, conditional use, or amendment which has been denied may not be requested again until a period of 6 months has passed unless the applicant can show to the satisfaction of the Planning Commission or Board of Adjustment that the conditions which were present under the earlier request filed have changed or that the request is substantially different.
(U) Home occupations. See § 150.03.
(Am. Ord. passed 11-6-1996)
(V) Residential occupancy. All structures used for residential occupancy, with the exception of manufactured homes in a manufactured home park district, shall have a minimum width of 24 feet on its narrowest dimension and shall be affixed to a permanent foundation constructed of concrete block, poured concrete, or wood which follows the perimeter of the ground level of the home and which extends below the frost line. All structures used for residential occupancy in a manufactured home park shall also be affixed to a permanent foundation which follows State of Minnesota guidelines for placement of manufactured homes and which may be constructed of concrete block, poured concrete walls or piers, or wood extending below the frost line. All structures used for residential occupancy in any district shall be anchored to resist movement.
(Am. Ord. passed 12-7-1998)
(W) Regulations on screening, landscaping, lighting, storage, and outdoor displays.
(1) Screening. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.
(2) Landscaping. All exposed ground areas surrounding or within a principal or accessory use including boulevards, which are not devoted to drives, sidewalks, patios, or other the uses shall be landscaped with grass, shrubs, trees, or other ornamental landscaped materials. All landscaped areas shall be kept neat, clean, and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies, or merchandise.
(3) Lighting. Lighting shall be directed away from public rights-of-way and residential districts. Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates.
(4) Storage displays. All materials, supplies, merchandise, or other similar matter not on display for a direct sale, rental, or lease to the ultimate consumer or user shall be stored within a completely enclosed building within the highway commercial district, or within the confines of a 100% opaque wall or fence not less than 5 feet high. Merchandise which is offered for sale as described above may be displayed beyond the confines of a building in the highway commercial district, but the area occupied by the outdoor display shall not constitute a greater number of square feet than 10% of the ground floor area of the building housing the principal use, unless the merchandise is of a type customarily displayed outdoors such as garden supplies. No storage of any type shall be permitted within the 1/2 of the required front or side street setback nearest the streets.
(X) Erection and improvement of buildings.
(1) Chimneys. In every building hereafter erected, altered, or repaired within the City of Amboy, all chimneys shall be constructed of brick or other incombustible material.
(2) Studding, joists, and rafters. All shall be of the size and quality as to safely sustain the loads to be carried.
(3) Electric wiring. In every building, all electric wiring apparatus or appliances for furnishing light, heat, or power shall be in strict conformity with the statutes of the State of Minnesota, the rules and regulations issued by the Railroad and Warehouse Commission, the State Fire Marshal, and the Industrial Commission of Minnesota and in conformity with approved methods of construction for safety to life and property.
(4) Smoke detector. As per Minnesota State Electrical Code, all new residential buildings must have a smoke detector.
(5) Water and sewer. The design and construction of water supply facilities and treatment of all sewage and waste shall comply with the city, county, and state health standards and requirements. Owner must pay all costs of connecting water and sewer to the new structure from the property line. When possible, water and sewer connections will be in the alley, rather than in the street. Owner must pay a water and sewer service connection fee before zoning permit is issued. Owner must pump water from basement onto property, not down the sanitary sewer. See Title V for further regulations regarding storm water drainage.
(Ord. 106, passed 3-13-1995; Am. Ord. passed 1-3-2005) Penalty, see § 150.99
(A) Scope of regulations. All parking hereafter constructed or maintained shall conform to the provisions of this section and any other ordinance or regulation of the city. For any and all uses or structures not specifically provided for in this section, the Planning Commission shall determine proper parking or loading requirements as appropriate.
(B) Size reduction of parking lot and loading space. Future parking and loading facilities and the facilities existing at the effective date of this chapter shall not be reduced below the minimum size requirements established in this chapter.
(C) Parking lot and loading area use restriction. Parking lot and loading facilities required by this chapter for a given building or use shall not be used for storage of goods or for storage of vehicles that are inoperable as defined by Minnesota Statutes.
(D) Parking and storage of vehicles.
(1) Definitions. For the purpose of this division (D), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle, as defined in this division (D)(1) which has been voluntarily surrendered by its owner to the City of Amboy or to a person duly licensed under M.S. § 168B.10, as it may be amended from time to time, or which has remained for more than 48 hours in a condition described by one of the following:
1. On public property in violation of the city’s ordinances or Minnesota Statutes; or
2. On private property without consent of the person in control of the property.
JUNKED and ABANDONED MOTOR VEHICLES – EXEMPTIONS. For the purposes of this section, the following shall not be considered junked or abandoned motor vehicles:
1. A classic or pioneer car, as defined in M.S. § 168.10, as it may be amended from time to time; provided that it is kept secure and as long as it has substantial potential further use consistent with its usual functions;
2. A vehicle kept inside an enclosed garage or storage building; and/or
3. Vehicles with license plates that have expired less than 1 year prior to the date of inspection that are on the premises of a motor vehicle and parts dealer, automobile repair garage, or body shop that is licensed in accordance with Minnesota Statutes or with local ordinances and zoning regulations and when the parking or storing of vehicles is necessary to the operation of the business or commercial enterprise.
JUNKED MOTOR VEHICLE. Any motor vehicle as defined by above with license plates which have an expiration date more than 70 days prior to the date of inspection or the condition of which is wrecked, dismantled, partially dismantled, inoperative, or discarded.
MOTOR VEHICLE. Any motor vehicle as defined by M.S. § 169.01, as it may be amended from time to time, including, but not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, ATVs (all-terrain vehicles), trucks, tractors, go-carts, campers, and trailers.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRIVATE PROPERTY. Any real property within the city which is privately owned and which is not public property as defined in this section.
PUBLIC PROPERTY. Any street, alley, or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purpose of vehicular travel, and also means any other publicly owned property or facility.
(2) Parking and storage of abandoned, junked, dismantled, and inoperative vehicles prohibited.
(a) Parking and storage on public property. No person shall park, store, or leave, or permit the parking, storage, or leaving of any abandoned vehicles or any vehicle which is in a wrecked, junked, partially dismantled, or inoperative condition upon any public property within the City of Amboy for a period in excess of the time allowed in Chapter 70.
(b) Parking and storage on private real property. No person owning, in charge of, or in control of any real property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned, wrecked, dismantled, inoperative, junked or partially dismantled motor vehicle of any kind to remain stored in the open, outside of an enclosed building, longer than 14 days.
(Am. Ord. passed 1-3-2005)
(3) Notice to remove. Whenever it comes to the attention of city authorities that any person has an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle on their real property, a notice in writing shall be served by U.S. mail upon the person requesting the removal of the motor vehicle within 14 days.
(4) Responsibility for removal. Within 14 days of the mailing of the notice, the owner of the abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.
(5) Notice procedure. The city authorities shall give notice of removal to the owner or occupant of the private property where it is located. It shall constitute sufficient notice when a copy of the same is sent by certified mail to the owner or occupant of the private property at his last known address. The notice shall contain the demand for removal within 14 days after the mailing of the notice and the notice shall advise that failure to comply with the notice to remove shall be a violation of this chapter.
(Am. Ord. passed 8-6-2001)
(E) Parking of commercial vehicles or equipment. No commercial vehicles, trailers, or equipment shall be parked, stored, or otherwise contained in a residential district unless in a completely enclosed structure or unless they are being used in conjunction with a legitimate service being rendered for the benefit of the residential premises.
(F) Location of parking and loading facilities.
(1) Required on-site parking space should be provided on the same lot as the principal building or use. Where the space cannot be reasonably provided on the same lot with the principal use, the City Council, with the approval of the City Planning Commission, may permit the space to be located on other off-street property if the space is within 300 feet of the permitted use, measured along lines of public access, unless specifically waived by the City Council or the parking spaces may be provided as described below in division (G).
(2) On-site parking and loading facilities shall not be subject to the front yard, side yard, and rear yard regulations for the district in which the parking is located except that:
(a) In a business district, no parking or loading space shall be located within 10 feet of any property line that abuts a road, highway right-of-way, or any residence district; and
(b) In an industrial district, no parking or loading space shall be located within 20 feet of any property line that abuts a highway right-of-way line or any residence district.
(G) Combined parking facilities. Combined or joint parking facilities may be provided for 1 or more buildings or uses in business districts and industry districts provided that the total number of spaces shall equal the sum of the requirements for each building or use.
(H) General parking lot and loading area construction requirements.
(1) Generally. Off-street parking and loading areas for each building or use shall be of sufficient size to provide parking or loading and unloading space for owners, patrons, customers, suppliers, visitors, and employees.
(2) Site plan. All plans requiring parking spaces or loading facilities submitted for a zoning permit shall include a site plan. This site plan shall be considered as part of the zoning permit and the zoning permit will not be issued until all the following items are shown on the site plan:
(a) Zoning, setbacks, and statement of use;
(b) North point and scale;
(c) All adjacent rights-of-way;
(d) Entire ownership of lot or parcel being developed;
(e) Completely dimensioned parking layouts;
(f) All parking spaces clearly marked; and
(g) Owner’s name and current address.
(3) Driveway or curb cuts. No driveway or curb cuts in any district shall exceed 35 feet in width. Also, the number and width of driveways or curb cuts shall be so located as to minimize traffic congestion and abnormal traffic hazards.
(4) Access. Parking lot and loading areas shall have proper access from a public right-of-way. Vehicular access to business or industrial uses across property in any residential district is prohibited.
(5) Lighting. Any lighting used to illuminate off-street parking or loading areas shall be directed away from residential properties and public rights-of-way. They shall also be positioned in such a way as not to create a nuisance.
(6) Necessary conditions. The Planning Commission may require any other conditions as may be deemed necessary to protect the character, value, or usefulness of the district.
(I) Parking lots in residential district. If, in the best interest of the community, the Planning Commission may permit the use of land in a residential district for a parking lot, provided the land abuts or is across the street from a district other than a residential district and:
(1) The lot is used only for the parking of passenger vehicles of employees, customers, or guests of the person or firm controlling and operating the lot;
(2) There shall be no charge for parking on the lot;
(3) The lot shall not be used for sales, repair work, or servicing of any kind;
(4) Entries and exits to or from the lot shall be located in such a way as to do no harm to the residential district;
(5) There shall be no advertising signs or materials located on the lot; and/or
(6) All parking shall be kept behind the building setback line by a barrier unless otherwise specifically authorized by the Planning Commission.
(J) Parking lot and loading area maintenance. The owner of the parking lot or loading area is responsible for the maintenance of those facilities. He or she shall maintain the parking and loading areas, access drives, and yard areas in a neat and adequate manner.
(K) Computing parking space requirements. In computing the number of parking spaces required in a given parking lot, the following rules shall govern:
(1) Floor space shall mean the gross floor area of the specified use;
(2) Where fractional space results, the parking spaces required shall be construed to be the nearest whole number; and
(3) The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of a similar nature, as determined by the Planning Commission.
(L) Minimum parking space size requirement. Regular parking spaces shall be 19 feet in length and 9 feet in width. The number and size of handicapped parking spaces that must be provided in off-street parking lots shall conform to the state and federal statutes pertaining to this issue.
(M) Minimum parking lot size. Each parking lot shall contain a minimum area of not less than 300 square feet, including access drives, a width of not less than 9 feet and a depth of not less than 20 feet.
(N) Required number of on-site parking spaces. The minimum number of required on-site parking spaces for various uses shall be as follows:
(1) One- and 2-family dwellings - 2 parking spaces per family. A garage shall be counted towards fulfilling this requirement;
(2) Multiple-family - 2 spaces for each apartment, except housing for the elderly projects, which shall provide 3/10 parking space for each dwelling unit;
(3) Lodging, rooming and boarding houses, tourist homes, cabins or motels - 1 parking space for each guest or sleeping room or suite, plus 3 spaces for the owner or manager if resident on the premises;
(4) Hotels - 1 parking space for each room or suite, plus 2 spaces for each 5 employees;
(5) Mobile home parks - 2 off-street parking spaces for each mobile home berth;
(6) Travel trailer courts or camps - 1-1/2 parking spaces for each trailer space;
(7) Private clubs or lodges - parking spaces equal in number to, but not less than 20% of the active membership thereof, plus 1 space for each employee of the club or lodge;
(8) Hospitals, sanitariums, convalescent homes - 1 parking space for each 3 beds (excluding bassinets), plus 1 for each staff or visiting doctor, plus 1 for each 2 employees, including nurses. Loading and unloading space for all emergency vehicles is not included in the spaces herein;
(9) Mortuaries or funeral parlors - 1 parking space for all official vehicles, plus 1 parking space for each family in residence on the premises, plus 1 space for each 35 square feet of seating area;
(10) Dance hall - 1 space for each 35 square feet of dance floor area, plus 1 space for each 2 employees;
(11) Bowling alleys - 5 parking spaces for each bowling lane, plus 1 parking space for each 2 employees;
(12) Miniature golf course, archery or golf driving range - 10 parking spaces or 1 parking space for each practice area, whichever is greater;
(13) Convention halls, auditoriums, theaters, stadiums, sports arenas, or similar uses - 1 parking space for each 4 seats based upon design capacity, plus 1 parking space for each 2 employees;
(14) Churches - 1 parking space for each 3 seats based on the design capacity of the main seating area;
(15) Medical and dental clinics and similar professional offices - 4 parking spaces, plus 1 space for each 500 square feet of floor area over 1,000 square feet;
(16) Golf courses, golf clubhouse, country club, swimming club, tennis club, public swimming pool - 20 spaces, plus 1 space for each 500 square feet of floor area in the principal structure;
(17) Auto, trailer, marine and boat sales, implement sales, garden supply stores, building material sales and auto repair - 6 parking spaces, plus 1 parking space for each 500 square feet of floor area over 1,000 square feet;
(18) Retail sales and service establishments - 1 parking space for each 100 square feet of floor area;
(19) Restaurants, night clubs, tea rooms, and lunch counters - 1 parking space for each 100 square feet of gross floor space;
(20) Office, professional, or public buildings - 1 parking space for each 250 square feet of gross floor area;
(21) Automobile service station - 4 parking spaces, plus 2 parking spaces for each service stall. The parking spaces shall be in addition to the gas pump service area;
(22) Drive-in restaurants - 20 parking spaces or 1 space for each 20 square feet of floor area, whichever is greater;
(23) General business, commercial, and personal service establishments - 1 parking space per 400 square feet of gross floor area;
(24) Industrial and manufacturing establishments and storage, wholesale or warehouse establishments - 1 off-street parking space for each 2 employees on the major shift or 1 parking space for each 1,000 square feet of gross floor area within the building, whichever is greater, plus 1 space for each company motor vehicle when customarily kept on the premises; and
(25) Schools, public and private - 1 parking space for each classroom plus 1 parking space for each 10 students, based upon design capacity.
(O) Loading area requirements. In any business or industrial district, space for loading of vehicles shall be provided on the same lot for every building used or designed to be used for business or industrial purposes. One loading space at least 10 feet by 25 feet shall be provided for each 20,000 square feet of floor area in the building. No building or part thereof in a business district or industrial district heretofore erected which is used for any of the uses specified for the district shall hereafter be enlarged or extended without providing off-street parking and loading space as provided for in the provisions of this chapter.
(Ord. 106, passed 3-13-1995) Penalty, see § 150.99
(A) Signs.
(1) No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a permit unless no permit is required pursuant to division (B) below. The signs must be in conformity with the provisions of this section.
(2) Signs pertaining to or advertising products sold on the premises of a non-conforming building or use may be continued only when the non-conforming use is permitted to continue. Such signs must not be expanded in number, area, height, or illumination. New signs not to exceed 35 square feet in aggregate area may be erected only afer all other signs existing at the time of the adoption of this section have been removed. New signs in conformity with the above may have illumination on 1 face of the sign, but flashing, intermittent or moving illumination is not permitted.
(Am. Ord. passed 10-1-2007)
(B) Exempted signs; no permit required. The following signs need no permit, but shall conform to the requirements of this section:
(1) Signs for 1- or 2-family dwellings identifying the occupant or street address, provided that the signs are less than 1 square foot in area;
(2) Pedestrian vehicular-traffic and parking directional signs in parking lots, provided the signs are less than 8 square feet in area and 6 feet in height;
(3) Public signs, street signs, warning signs, or signs of public companies for the purpose of safety;
(4) Signs denoting the architect, engineer, contractor, or owners when placed upon a work site. The signs shall be removed within 10 days after completion of construction;
(5) Signs designating candidates seeking public political office, provided that the election sign shall not exceed 8 square feet in size. The signs shall be located on private property, shall not be located so as to obstruct vehicular lines of sight and shall be removed in accordance with state guidelines after the election is held;
(6) Flags, badges, or insignia of any government, governmental agency, or any civic, religious, fraternal, or similar organization;
(7) Emergency signs required by any governmental agency;
(8) Temporary real estate signs pertaining only to the sale, rental, or development of the lot upon which displayed. The signs shall not exceed 6 square feet for residential property or 24 square feet for other property. One sign shall be permitted for each lot and must be removed within 10 days following the sale, lease, or development;
(9) Banners placed on private property for advertising a special sales event or grand opening. The banners shall contain no advertising;
(10) Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or incombustible material;
(11) Home occupation signs, non-illuminated, attached to the wall of a dwelling, and not exceeding 1.5 square foot in area; and
(12) Temporary real estate development signs pertaining to the sale, rental, or development of the premises upon which displayed. One sign is permitted per development. Each sign shall not exceed 32 square feet. Signs shall be properly maintained and removed when 80% of the project is sold, rented, or developed.
(C) Prohibited signs. The following signs are prohibited by this section:
(1) Signs that by reason of position, shape or color would interfere with the proper function of a traffic sign, signal or be misleading to vehicular traffic;
(2) Signs within a public right-of-way or easement, except for signs installed by governmental subdivisions;
(3) Signs that resemble any official marker erected by a governmental agency or that displays the words as “stop” or “danger” which are not erected by legal authority;
(4) Signs attached to trees or utility poles;
(5) Signs with rotating beams or flashing illumination;
(6) Rotating signs; and
(7) Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved.
(D) Permitted signs. The following signs are permitted in the R-1, R-2, and A-1 Districts:
(1) Signs over show windows or doors of a nonconforming business establishmentshall be governed by the provisions contained in division (A)(2).
(Am. Ord. passed 10-1-2007)
(2) Name, occupation, and warning signs not to exceed 2 square feet located on the premises;
(3) Bulletin boards for public, charitable, or religious institutions not to exceed 20 square feet in area located on the premises;
(4) Religious uses, public institutions, non-residential and residential development identification signs not exceeding 32 square feet in area. The identification signs may be wall or ground mounted or combination thereof. A ground sign shall not exceed 15 feet in height. There may be a second sign if the use abuts 2 or more public streets; and
(5) All signs shall be set back 5 feet from the property line.
(E) Permitted uses. The following signs are permitted in the B1, B-2, and I-1 Districts.
(1) Signs that are placed on the exterior walls of buildings shall not extend more than 18 inches from a building’s wall surface, shall not exceed 250 square feet in area for any 1 premises, and shall not exceed 30 feet in height above the mean centerline street grade. This provision shall not apply to agricultural structures or structures in the industrial district.
(2) Ground signs which do not exceed 30 feet in height above the main centerline street grade, shall meet all yard requirements for the district in which it is located, shall not exceed 100 square feet on 1 side nor 200 square feet on all sides for any 1 premises.
(3) Roof signs which do not exceed 10 feet in height above the roof shall meet all the yard and height requirements for the district in which it is located, and shall not exceed 300 square feet on all sides for any 1 premises.
(4) Window signs that are placed only on the inside of commercial buildings.
(5) A combination of any of the above signs which shall meet all the requirements for the individual sign except when the signs are located in the industrial district.
(6) Projecting signs which provide a minimum undersign clearance of at least 10 feet and shall not project more than 48 inches over a sidewalk.
(7) Off-premise advertising signs (billboards) shall only be permitted in the B-1, B-2, or I-1 Districts and shall be spaced no closer than 300 feet. These signs shall not exceed 55 feet in length nor 750 square feet in total area. Maximum allowable signage shall be computed on the basis of 1 side of any double-faced sign. Billboards shall meet all setback requirements and shall not be located within 100 feet of any residential zone, church, school, or designated recreation area.
(F) General regulations. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape, and no sign shall be attached to a standpipe or fire escape.
(G) Nonconforming signs. Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size, or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use or structure and the provisions of § 150.17 shall apply.
(Ord. 106, passed 3-13-1995) Penalty, see § 150.99
(A) No trucks in excess of 1-ton rated capacity and no tractor or semi-trailer shall be parked, stored, or repaired on public streets in any of the residential districts, except for trucks making normal deliveries.
(B) No trucks, tractors, implements, or merchandise may be stored or displayed for sale within the right-of-way of any public street or thoroughfare.
(C) No campers, trailers, boats, or recreation vehicles shall be stored on public rights-of-way. A camper, trailer, boat, or recreation vehicle left unattended for 72 hours shall be considered stored on a public right-of-way.
(Ord. 106, passed 3-13-1995) Penalty, see § 150.99
(A) Any satellite dishes hereafter erected shall conform with the provisions of this section and any other ordinance or regulation of the city.
(B) All dish antennas over 1 meter (39.4 inches) shall be prohibited from roof tops unless it is determined by the city that placement within side or rear yards is impractical.
(C) Satellite dishes and other dishes shall not be located in front yards.
(D) No satellite dish or other dish shall be located within 10 feet of any rear lot or side lot line in any residential district.
(E) Only 1 such structure exceeding the district height limitations shall exist at any 1 time on any residential or commercially zoned and used lot or parcel.
(F) The applicant is responsible for any required license by any federal, state, or local agency.
(G) The owner of such a structure shall assume complete liability in case of personal or property damage.
(H) The permit fee for satellite dishes or other dishes shall be $15 plus the normal office fee of $3 for each permit issued.
(Ord. 106, passed 3-13-1995) Penalty, see § 150.99
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