A. Scope: From and after the effective date hereof, the use of all land and every structure, building or portion of a building erected, altered with respect to area, added to or relocated, and every use accessory thereto in the city shall be in conformity with the provisions of this title. Any existing structure and any use of land not in conformity with the regulations herein prescribed shall be regarded as a nonconforming use or structure.
B. Abrogation And Greater Restrictions: This title does not abrogate any easement, covenant or any other private agreement where such is legally enforceable; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.
C. Interpretation: In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience and general welfare. Where the provisions of this title impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this title shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this title, the provisions of such statute, other ordinance or regulation shall be controlling. (Ord. 2006-21, 8-1-2006)
D. Rules:
1. Building Permit Required: No person shall erect, alter, wreck, or move any building or part thereof without first securing a building permit. Application for a building permit shall be made to the city on forms furnished by the city. Each application for a permit to construct, expand, or alter a building shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon, the size and location of all existing and proposed buildings and accessory buildings and evidence of either a complying individual sewer treatment system (ISTS) per title 9, chapter 8 of this code or connected to a city system. Exceptions to the ISTS compliance requirement shall be made for the following building permits:
a. Residential reroofing, re-siding, window replacement/installation, hot water heater replacements, heating/venting/air conditioning (HVAC) replacement, and electrical work.
b. Commercial and industrial maintenance work as determined by the city.
2. Certificate Of Survey Required: A certificate of survey or registered land survey showing property boundaries/monuments in the field, all existing and proposed structures, significant features, etc., shall accompany a building permit application if the property consists of any of the following:
a. The lot is not platted or is described by metes and bounds.
b. The land is composed of partial lots.
c. The lot has or had an existing structure that is to be redeveloped.
d. The lot/structure is in a plat that is older than five (5) years unless deemed unnecessary by the city.
3. Minor Additions: If the application is for an alteration that does not expand the bulk of the building or is for a minor addition that is well within the setback requirements, some or all of the aforementioned requirements may be waived by the city.
4. Other Information: Applications for any kind of building permit shall contain such other information as may be deemed necessary for the proper enforcement of this title. For some applications, the city may require the submission of a boundary survey with topographic data prepared by a registered land surveyor or engineer where drainage, change in grade, distance between existing and/or proposed structures, or proximity to an environmentally sensitive area is a concern. In this case, existing and proposed grades shall be provided at one foot (1') contours unless otherwise allowed by the city. The city will review and approve existing and proposed grades to prevent drainage and other impacts on public streets, adjacent properties and environmentally sensitive areas.
5. Conformity Required: No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this title. For the new construction of structures with common walls located on a property line, once construction of the foundation has been completed, verification by a registered land surveyor of the location of the foundation or other confirmation of the foundation's accuracy acceptable to the city shall be required before the framing of the structure is begun.
6. Use Prohibited As Dwelling: No cellar, garage, tent, trailer, basement with unfinished structure above, or accessory building shall at any time be used as a dwelling unit unless otherwise authorized in subsection 10-5-6B of this title. The basement portion of a finished home may be used for normal living, eating and sleeping purposes provided it complies with the habitable space requirements of the building code, and is approved by the city.
7. Moving Or Relocating Buildings:
a. Conditional Use Permit Required; Exceptions: A conditional use permit is required for all building moving when the destination is in the city, except for:
(1) Premanufactured or modular homes moved onto a vacant lot of record.
(2) Accessory buildings less than three hundred (300) square feet where allowed by this title.
(3) Agricultural buildings, when permitted by this title.
(4) Temporary structure to be located on a lot for eighteen (18) months or less.
b. State License Required: No person shall move, remove, raise or hold up any building within the limits of the city without a license to do so from the state.
c. Conditional Use Permit:
(1) The conditional use is subject to the conditions outlined in section 10-7-4, "Conditional Use Permit", of this title and the additional standards and criteria listed in this section.
(A) Application: The conditional use permit application shall include all of the materials outlined in section 10-7-4 of this title and the following additional information:
(i) A detailed description of the building proposed to be moved including dimensions, height to peak/number of stories, year built, type of siding, roofing, windows, number of units, etc.
(ii) The construction material of the building, number of rooms, condition of exterior and interior, and photographs showing the following: a) the structure to be moved from at least two (2) different angles, b) the lot on which the structure is to be located, c) adjacent lots and nearest existing structures.
(iii) A boundary survey with topographic data prepared by a registered land surveyor or engineer showing the proposed location of the building, proposed grading at one foot (1') contours, scaled drawing showing the front building elevation together with nearest adjacent structures, proposed first floor elevation and finished grade in relation to adjacent structures and grade.
(iv) The address of building's origin.
(v) The address of building's destination.
(vi) The highways, streets, alleys, and other rights of way over, along or across which the building is proposed to be moved.
(vii) The proposed moving date and hours. No movement is allowed on federal holidays or holiday weekends.
(viii) Proof of a building mover license/bond as issued by the state in conformity with Minnesota statutes section 221.81.
(ix) Utilities and government agencies must be notified for the disconnection of cable, telephone, sewer, water, and gas services before a permit will be issued.
(x) Building destination within city limits: The structure must be inspected and approved by a city building inspector, a site plan submitted, and building permit issued.
(xi) Building destination outside city limits: The foundation must be inspected and a demolition permit issued.
(xii) Proof of insurance must be required.
(xiii) Any additional information that the city finds necessary to make a fair determination of whether a permit should be issued.
(B) Performance Criteria:
(i) The building to be moved must comply in all respects with the building code and other applicable ordinances. If the existing building does not comply, the person proposing to move the building shall present to the city complete and detailed plans showing changes which will be made in order to attain compliance with said ordinances. In the event that such changes are required, a city moving permit shall not be issued until the owner has agreed in writing to complete the necessary changes within a period of six (6) months, the city has approved the plan, the building permit fee has been paid, the building permit has been issued and a security acceptable to the city equal to the cost of said proposed work as approved by the city has been provided to the city guaranteeing completion of said changes.
(ii) The architecture of the building to be moved must be compatible in nature to the buildings in the immediate area. Architectural elements considered shall include, but are not limited to, siding, roofing, design/style and age.
(iii) The building to be moved, after being so moved, must be worth at least seventy five percent (75%) of the cost of a similar new building, as determined by the city.
(iv) Prior to issuance of the moving permit, the city shall remove the water meter. Also, prior to issuance of the moving permit, all sewer and water connections shall be plugged or disconnected at the main or as determined by the city and any known cesspools, septic tanks and cisterns shall be removed and filled with appropriate granular material.
d. City Moving Permit Required: A city moving permit is required for a building move if any of the following apply:
(1) The destination is in the city.
(2) The origin is in the city.
(3) Both the origin and destination are in the city.
(4) The move is a pass-through building move in which city rights of way or other public nonroadway property is used for the route.
e. Exemptions To City Moving Permit: No city moving permit is required for accessory structures that are one hundred twenty (120) square feet or less and ten feet (10') wide or less.
f. Performance Requirements For All Permits: Any moving permit from the city shall comply with the following:
(1) Street Occupancy Period: Remove the building from the city streets after one day of occupancy, unless the city grants an extension.
(2) Display Lights And Barricades: Cause red lights to be displayed between sunset and sunrise on every side of the building while it is located on a street in such manner as to warn the public of the obstruction. Erect and maintain barricades in accordance with the "Minnesota Manual On Uniform Traffic Control Devices" across the street in such manner as to protect the public from damage or injury. If the house mover is not able to yield the right of way to oncoming traffic or if vehicle/load encroaches into oncoming traffic lane or if traffic must be directed or controlled, a city police escort may be required and shall be operated per Minnesota statutes section 169.20, subdivision 5. Wide load signs and proper flagging (lighting at night) will be required for all oversize loads. Night moves shall be done in the early morning hours from one o'clock (1:00) A.M. to six o'clock (6:00) A.M. Warning lights with open flame shall not be used.
(3) Pay Expenses Of Officer: Employ a professional mover service and/or pay the expense of a traffic officer ordered by the city to accompany the movement of the building to protect the public from injury. Requests for city police escorts must be submitted at least ten (10) working days prior to the move by the building mover.
(4) Notify Of Damage: Notify the city in writing of any and all damages done to property belonging to the city or any public utility property within twenty four (24) hours after the damage or injury has occurred.
(5) Pay Additional Fees: In addition to all other required fees, pay an hourly fee for each city inspector for the time spent in connection with the inspection.
(6) Notify Affected Persons Of Movement: In the manner directed by staff, and at the applicant's expense, notify the Baxter police department and all persons in the path of the building being moved of when, where and how the building is to be moved.
(7) Payment Of Taxes: It is unlawful to move any building if the point of origin and/or destination is within the city, regardless of the route of movement, without having paid in full all real and personal property taxes, special assessments, and municipal utility charges due on the premises of origin, and filing written proof of such payment with the city.
g. Removal Date And Payment Of Fees:
(1) Removal Date: The permit shall specify a reasonable date certain by which the building shall be located at its final destination, if in the city, or completely removed from the city limits. Buildings that have not been completely located or removed by the removal date shall be subject to a fee in the amount of five hundred dollars ($500.00) per calendar day for payment of the expense of a traffic officer and inspector, as provided in subsections D7f(3) and D7f(5) of this section. The city may grant an extension to the location or removal date, but it is not obligated to do so.
(2) Payment Of Fees: Fees incurred as provided in subsection D7f of this section shall be invoiced to the permit holder by the city. In the event payment of said fees is not received, the city shall revoke any current permits for that same permit holder and the city shall notify the Minnesota department of transportation that the license holder has failed to comply with the requirements of the local moving permit.
h. Violations: No person who has had a permit revoked by the city shall receive another moving permit for a period of one year. Further, as provided in section 9-1-4 of this code, violation of the requirements of any permit issued pursuant to this section shall constitute a misdemeanor.
8. Nonconforming Uses, Lots, Structures And Other Site Improvements:
a. Generally: It is the purpose of this subsection to provide for the regulation of existing uses, lots and structures and other improvements of land that do not conform to the requirements of the district in which they are located. Any structure or use lawfully existing upon the effective date of this code may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified, or subsequently amended. This subsection D8 does not govern nonconforming signs.
b. Nonconforming Uses:
(1) Expansion: A nonconforming use shall not be enlarged, moved, or extended to occupy a greater area of land without a variance. Nonconforming single-family dwelling uses may be enlarged as long as all expansions meet any applicable setbacks of that district.
(2) Continuation: A nonconforming use may be continued through repair, replacement, restoration, or maintenance. When any nonconforming use has been changed to a conforming use, it loses any nonconforming status and thus may not return to a nonconforming use.
(3) Reduction Of Nonconformity: A nonconforming use may be changed to lessen the nonconformity of that use.
(4) Discontinuance: A nonconforming use may not be resumed if normal operation of the use has been discontinued, or if a nonconforming building has been removed and not replaced, for a period of twelve (12) or more months. Time will be calculated as beginning on the day following the last day in which the use was in normal operation and will run continuously thereafter. Following the expiration of twelve (12) months, only uses that are permitted by this title are allowed to be established.
(5) Removal/Destruction: Removal or destruction of a nonconforming use to the extent of more than fifty percent (50%) of its estimated market value by fire or other peril, excluding land value as determined by the county assessor, terminates the right to continue or replace any nonconforming use, except if a valid and complete building permit application has been submitted to the city within one hundred eighty (180) days after the property was removed or destroyed.
(6) Replacement: Replacement, reconstruction, or restoration of a lawful nonconforming use may occur without any land use approval from the city provided that: a) the resulting use does not create any new adverse impacts on adjacent property and b) matches exactly the conditions that existed before the work was undertaken or before the use was damaged or destroyed. Work that would not meet this requirement may not be undertaken unless the appropriate approval required below has been granted for the property. Conditions may be imposed to protect the public health, safety, or welfare, and to mitigate any newly created impacts on adjacent property.
(7) City Approval Only If Adverse Effects: If replacement, reconstruction, or restoration of a lawful nonconforming use is allowed, it may occur without any land use approval from the city if the resulting use does not create any new adverse impacts on adjacent property and matches exactly the conditions that existed before the work was undertaken or before the use was damaged or destroyed, except for internal repairs and improved materials used to replace roof surfaces, siding, windows, doors, and similar components. Work that would not meet this requirement may not be undertaken unless the appropriate approval required below has been granted for the property. The city may impose conditions in its approval to protect the public health, safety, or welfare, and to mitigate any newly created impacts on adjacent property.
c. Nonconforming Lots:
(1) Vacant Nonshore Land Lots: A vacant nonconforming lot may be allowed as a buildable lot provided that all the following conditions are met:
(A) It is a lot of record;
(B) The proposed structure will meet all setback requirements which currently apply to the lot and the lot is at least seventy percent (70%) of the required size and dimension of the applicable zoning district;
(C) All other applicable requirements of this chapter are met;
(D) The lot has adequate access as solely determined by the city; and
(E) Said lot is not in the shore land overlay district.
(2) Vacant Shore Land Lots: For nonconforming lots within the shore land overlay district, all of the above rules apply but if the lot is riparian, no improvements or buildings may be constructed without a conditional use permit. No conditional use permit shall be issued until the city determines how to protect the lake by mitigating erosion and stormwater drainage during and after construction, visual impacts or any other impact caused by construction upon a nonconforming riparian lot.
In addition, nonconforming riparian lots shall be buildable only if no owner of any abutting lot has an ownership interest in the nonconforming lot through any relationship of blood, marriage or business with any owner of the nonconforming lot at or before the time of application. If the adjacent lot is owned in this manner, both lots shall be considered one lot for zoning purposes.
(3) Accessory Structures: For single-family dwellings only, nonconforming nonriparian lots containing a conforming principal structure and use may add a permitted accessory structure provided that the accessory structure will meet all minimum setbacks, coverage, and other requirements of this title. A conditional use permit shall be required to add an accessory structure on nonconforming riparian lots after it is determined how to mitigate any impacts from the existing and proposed development.
(4) Additions To Single-Family Dwellings On Nonconforming Lots: For single-family dwellings only, additions to conforming principal or accessory structures and uses located on nonconforming nonriparian lots may be permitted provided that any such addition will meet all minimum setback requirements of this title. A conditional use permit shall be required for additions to principal or accessory structures on nonconforming riparian lots after it is determined how to mitigate any impacts from the existing and proposed development.
(5) Reduction Of Nonconformity: The city may allow a replat of an existing nonconforming lot that results in a reduction of the nonconformity.
d. Nonconforming Structures:
(1) Expansion: Nonconforming principal structures shall not be enlarged without a variance unless the structure is a single- family dwelling.
If the structure is a single-family dwelling on a nonriparian lot, it may be enlarged as long as the new construction does not increase the nonconformity. For example, if the structure is nonconforming since it is too close to the front yard setback, the owner may add on to the back of the home as long as it meets the rear yard setback, without any variance or other city zoning approval. However, additions that make it closer to said front yard setback shall require a variance, unless said addition complies with section 10-4-2 of this title.
No nonconforming structure on a riparian lot shall be expanded without a conditional use permit. A conditional use permit shall not be issued until the city determines how to protect the lake by mitigating any erosion and stormwater drainage both during and after construction, visual impacts from increased density or any other impact caused by construction.
(2) Continuation: A nonconforming structure may be used and continued, including through repair, replacement, restoration, or maintenance, but not including expansion, only in compliance with the provisions of this title.
(3) Moving: If a nonconforming structure is moved for any distance whatsoever, it shall conform to the regulations of the district in which it is located after it is moved.
(4) Reconstruction: Replacement, reconstruction, restoration or repair to a nonconforming structure shall be permitted.
(5) Safe Condition: Nothing in this subsection D8 shall prevent the necessary repairs to a structure so it is in a safe condition after the structure is declared unsafe by the building official, provided that a building permit has been applied for within one hundred eighty (180) days of when the property is declared unsafe.
(6) String Rule: If adjacent structures to a proposed new structure encroach upon a front setback, the front setback of a new structure may conform to the "string rule" rather than the prevailing setback in that district. The "string rule" is defined as where principal structures exist immediately on both sides of a proposed building site, structural setbacks may be reduced to a distance equaling the average front yard setback of existing principal structures adjacent to the lot fronting on the same street. The zoning administrator shall approve the reduced setback if there is compliance with this chapter and all other applicable ordinances. However, in no case shall improvements or buildings be allowed in the shore impact zone or the bluff impact zone. Furthermore, structures shall not be constructed too close to any public right of way, as solely determined by the zoning administrator.
(7) Architectural Review: Any additions or expansions to any existing building may trigger the architectural performance rules as set forth in section 10-4-10 of this title.
(8) Lawful Nonconforming Accessory Structure: A lawful nonconforming accessory structure may not be expanded without a variance except a nonconforming accessory structure in an R-1 district may be expanded to increase the usability provided that the entire expansion meets the current zoning regulations and the structure is accessory to a single-family dwelling. If the nonconforming structure is on a riparian shore land lot, a conditional use permit shall be required and measures taken to mitigate any impacts on the water body.
(9) Decks: Lawful nonconforming single-family dwellings in R-1 districts, including riparian shore land lots, may be expanded by adding a deck provided that the deck meets the current district setbacks and information deemed necessary by the city such as a certificate of survey is provided to determine compliance.
e. Nonconforming Outside Improvements:
(1) Nonconforming outside improvements may continue to serve a principal use so long as the principal use or structure is not expanded or intensified. Whenever a principal use or structure is expanded or intensified to the extent that a building permit is required, the outside improvements shall be brought into compliance with the appropriate landscaping ordinances, parking ordinances, and other requirements set forth in this title unless a variance is granted by the city council.
(2) When expansion of an existing site improvement is required, the newly constructed portion of the site improvement shall meet all of the requirements of this title.
9. Miscellaneous Rules:
a. Subdivisions: All subdivisions shall conform to, and be in harmony with, the comprehensive plan.
b. Official Monuments, Bench Marks, Triangulation Stations: All international, federal, state, county and other official monuments, bench marks, triangulation points, and stations shall be preserved in their precise locations; and it shall be the responsibility of the applicant to ensure that these markers are maintained in good condition during and following construction and development. All section, quarter section and sixteenth section corners shall be duly described and tied.
c. Annexations: Areas annexed to the city shall be placed in the zoning district closest to the definition of their existing zoning, pending study of the area by the long range planning commission. The long range planning commission shall recommend the proper zoning classification to the city council within twelve (12) months of the date of annexation of such area. (Ord. 2016-021, 5-17-2016)