Subd. 1. Purpose. The purpose of this subsection is to identify minimum yard spaces, exception, and areas to be provided for in each zoning district.
Subd. 2. Sewer and Water. All new developments and structures intended for human use or occupancy shall be connected to the public water supply and sanitary sewer systems, except as allowed by this chapter.
1. Expansion of Existing Structures on Individual Sewage Treatment Systems. No building permits will be issued for existing structures on individual sewage treatment systems for expansion of the structure, unless it can be demonstrated by means satisfactory to the city that the development will not result in groundwater, soil, or other contamination which may endanger the public health. The property owner must receive approval for an individual septic treatment system and private well from the city, county, or the State Health Department. No certificate of occupancy shall be issued until these systems have been inspected and approved.
2. Interim Performance Standards. Subject to the other provisions of the zoning ordinance, private septic and/or well may be allowed by interim use permit for developments and structures on lots without public sewer and water, provided the requirements of this chapter are satisfied on properties identified as Parcel ID 65-026-2201 and Parcel ID 65-026-2000.
Subd. 3. General Yard Requirements.
1. Residential Lots. Residential lots in all zoning districts of the city must contain useable/buildable upland equal to at least 90% of the required minimum lot areas. Lots which involve wetland mitigation practices shall be evaluated for conformance with this requirement based on wetland mitigation plans indicating areas of wetland filling or dredging.
2. Through Lots and Corner Lots.
a. On a through lot that does not abut a major collector or arterial road or on a corner lot, the required front yard shall be provided on both streets.
b. Through lots require additional depth of 20 feet above the minimum requirements of the underlying zoning district to accommodate the buffer and screening requirements outlined in subsection 1006.06.
c. For corner lots, both street lines shall be front lot lines for applying the setback regulations of this chapter.
d. Through lots that do abut a major collector or arterial street, the lot line that is parallel to and directly abuts the right-of-way along the major collector or arterial street shall be considered a rear lot line so long as that yard has no access.
e. Access shall be made onto a local street. Where access onto a local street is not feasible, the City Engineer may permit a direct access to a major collector or arterial street designated as such by the Comprehensive Plan.
3. Lots with or Adjacent to Power Lines, Pipe Lines, and Railroads. Lots platted or located adjacent to power lines, pipe lines, and railroad right-of-way shall require an additional width or depth of 20 feet above the minimum requirements of the underlying zoning district to accommodate the buffer and screening requirements outlined in subsection 1006.06. At the intersection of roadways and railroad rights-of-way and tracks, there shall be a setback line in each of the quadrants formed by the railway right-of-way and the street right-of-way as follows.
a. The setback line in each quadrant shall be a line drawn from a point 75 feet distant along the outside railroad right-of-way line from its intersection with the street right-of-way line to a point 75 feet distant from said intersection along the street right-of-way line. Within said setback area, there shall be constructed no fence or structure nor shall there be permitted any tree, shrubbery, or any other planting which would obscure the line of sight across the setback.
b. The residential structure setback from the railroad right-of-way in residential and agricultural districts shall be 100 feet, except that multiple-family dwellings and related structures located in the R-3 Zoning District shall only be required to be set back ten feet from the railroad right-of-way.
c. The minimum structure setback from the railroad right-of-way in commercial and industrial districts shall be ten feet.
4. Clear View Triangle. Except as may be approved by the Zoning Administrator, and except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation, or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed above a height of three feet, measured from where both street or driveway centerlines intersect within the triangle described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning along the other curb line. The exception to this requirement shall be where there is a tree, planting, or landscape arrangement within such area that will not create a total obstruction wider than three feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this chapter unless the Zoning Administrator determines that such conditions constitute a safety hazard.
5. Frontage Requirement. Except as may be allowed within a planned unit development, each lot shall have frontage on and access to an abutting, improved, and city accepted public street.
6. Outlots. Outlots are deemed unbuildable and no building permit shall be issued for such properties, except in the case of public park facilities, essential services, and other facilities constructed by the city.
Subd. 4. Permitted Encroachments. The following structural elements or equipment shall not be considered as encroachments on all yard area requirements:
1. Window wells, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than 30 inches into any yard;
2. Terraces, steps, platforms, stoops, patios, or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from any lot line. No encroachment shall be permitted in existing or required drainage and utility easements;
3. Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than two feet or into a court not more than three and one half feet shall be permitted, where the same are to be so placed as not to obstruct light and ventilation;
4. Uncovered attached decks on all single-family detached dwelling units as provided below.
a. Up to a 15-foot encroachment is permitted into a required rear yard, provided that a minimum setback of 15 feet from the rear lot line is maintained.
b. On corner lots, up to a ten-foot encroachment is permitted in the required setback on the front yard abutting the street, provided that this yard does not contain a driveway or a garage and that a minimum setback of 20 feet is maintained.
c. Up to a five-foot encroachment is permitted into a required side yard, provided that a minimum setback of five feet from the side lot line is maintained.
d. Decks are allowed an encroachment of up to ten feet from the 45- foot structure setback in rear yards only along collector streets.
e. Decks shall not be permitted to encroach into drainage and utility easements.
5. In front yards:
a. Bay windows projecting 30 inches or less; and
b. A landing place or uncovered porch not exceeding six feet by six feet (36 square feet total area), to a distance not exceeding six 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 three feet may be placed around such place.
6. In side yards: overhangs, eaves, and gutters may project into the required yard a distance of 30 inches; and
7. In rear yards:
a. Bay windows and overhanging eaves and gutters projecting 30 inches or less; and
b. Laundry drying equipment, arbors and trellises, and air conditioning or heating equipment.
Subd. 5. General Setback Provisions.
1. Multiple Setback Requirements. When more than one setback applies to a site, structures and facilities must be located to meet the most restrictive setback standard.
2. Street Easements. In the case of properties which abut street easements, applicable setbacks shall be measured from the easement line.
3. Residential Districts. In residential districts, air conditioning units, excluding window units, shall not be located in the front yard or within any drainage and utility easement.
Subd. 6. Setback Average. Where adjacent residential structures within the same block have front yard setbacks different from those required, the minimum front yard setback shall be the average of the adjacent structures. If there is only one adjacent structure, the minimum front yard setback shall be the average of the required setback and that of the adjacent property with a structure.
1. Shoreland District Setback Average. Where principal structures exist on the adjoining lots on both sides of a proposed building site, principal structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed principal building site is not located in a shore impact zone or in a bluff impact zone.
2. In order to determine the setback average, a certificate of survey shall be provided by the applicant showing the setback distances of adjacent principal structures to the front setback line or to the ordinary high water level in the case of a Shoreland Management District.