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This chapter is adopted for the purpose of:
(A) Providing a means of guiding future development of land so as to ensure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities and to promote the public health, safety, morals, comfort, convenience and general welfare;
(B) Dividing the city into zones and districts and regulating therein, the location, construction, reconstruction, alteration and use of structures and land;
(C) Promoting orderly development of the residential, business, industrial, agricultural, recreational and public areas;
(D) Providing adequate light, air, privacy, and convenience of access to property;
(E) Limiting congestion in the public rights-of-way and providing for the off-street parking of motor vehicles;
(F) Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them;
(G) Providing for the compatibility of different land uses and the most appropriate use of land throughout the city;
(H) Protecting and guiding the development of the rural areas;
(I) Conserving and developing natural resources, and maintaining a high standard of environmental quality;
(J) Fostering agriculture and other industries;
(K) Preventing a wasteful scattering of population;
(L) Developing lands more wisely to serve citizens more effectively, making the provision of public services less costly, and achieving a more secure tax base;
(M) Providing public guides to future municipal action, enabling other public and private agencies to plan their activities in harmony with the municipalities’ plans;
(N) Guiding wise development of shorelands of public waters and preserving the economic and natural environmental values of shorelands;
(O) Preserving and enhancing the quality of surface waters;
(P) Providing certain health and safety standards for the protection of the public health, safety, comfort and general welfare;
(Q) Providing for the administration of this chapter and amendments thereto;
(R) Defining the powers and duties of the administrative officers and bodies, as provided hereinafter; and
(S) Prescribing penalties for the violation of the provisions of this chapter or any amendment thereto.
(Prior Code, § 601.02)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; words in the singular number shall include the plural; words in the plural shall include the singular; and words in the masculine shall include the feminine gender.
AGRICULTURAL, RURAL. An area of five or more contiguous acres which is used for the production of farm crops such as vegetables, fruit trees, grain, and other crops and their storage on the area, as well as for the raising thereon of farm poultry, domestic pets, and domestic farm animals. The term FARMING includes the operating of an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any accessory uses shall be secondary to that of the farming activity, and provide further that farming does not include commercial pen feeding (feed lots) or the commercial feeding of garbage to swine or other animals.
AGRICULTURAL, URBAN. An area of less than five contiguous acres which is used for the purpose of growing produce including crops, fruit, trees, scrubs, plants and flowers, vegetables, and the like provided the produce is intended solely for the use of residents on the property or sale away from the property. It may include roadside stand for sale of products, processing or packaging operations, or similar uses.
AIRPORT or HELIPORT. Any land or structure which is used or intended for use, for the landing and take-off of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.
ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennae, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennae, such as whip antennae.
APARTMENT. A room or suite with cooking facilities available which is occupied as a residence by a single family.
APARTMENT, ACCESSORY or MOTHER-IN-LAW APARTMENT. A room or suite of rooms with cooking facilities available that is distinct from the principal dwelling and has a separate exterior entrance from the principal dwelling which is occupied as a residence by a single family who is related to the owner or occupant of the principal dwelling by blood, marriage, or legal adoption.
BASEMENT. A portion of a building located partly underground but having less than half its floor-to-ceiling height below the average grade of the adjoining ground.
BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons.
BOUNDARY LINES. Lines indicating the bounds or limits of any tract, parcel, lot, or site of land.
BUILDING. Any structure, excepting silos, having a roof which may provide shelter or enclosure of persons, animals or chattel, and when the structures are divided by party walls without openings, each portion of the building so separated shall be deemed a separate building.
BUILDING HEIGHT. A distance to be measured from the mean curb level along the front lot line or from the mean ground level for all of that portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.
BUILDING, PRINCIPAL. A non-accessory building in which a principal use of the lot on which it is located is conducted.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
CARPORT. An automobile shelter having one or more sides open.
CELLAR. That portion of the building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CITY. The City of Harris, Minnesota.
CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
CLUB or LODGE. A non-profit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests.
COMMERCIAL FEED LOT. An area where 15 or more animals per acre are fed solely for purposes of wholesale or retail sale.
COMMERCIAL RECREATION. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, ski lodge, skating, tavern, theater, firearms range, and similar uses.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services.
COMPREHENSIVE PLAN. Unless otherwise stated, it is the general plan for land use, transportation, and community facilities prepared and maintained by the Planning Commission.
CONDITIONAL USE PERMIT. A permit specially and individually granted by the Council, after a public hearing thereon by the Planning Commission, for any use listed as a conditional use in any district.
COUNCIL. The City Council of Harris, Minnesota.
DRIVE-IN. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is the principal service offered.
DWELLING. A building, or one or more portions thereof, occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins or trailer coaches.
DWELLING, ATTACHED. A single-family dwelling which is joined to another single-family dwelling and designed for individual ownership.
DWELLING, DETACHED. A single-family dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE. Dwellings designed for more than one family, which are adjoined to one another but not intended for individual ownership.
DWELLING, SINGLE-FAMILY. A building designed for and occupied exclusively by one family.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings.
FAMILY. An individual, or two or more persons each related by blood, marriage, or adoption, living together as single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities.
FARM. Any tract of land five acres or greater used principally for agricultural purposes.
FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, but excepting that area primarily devoted to window display, storage, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized for dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of exterior walls.
GARAGE, PRIVATE. A detached accessory building or portion of the principal building, including a carport, which is used primarily for storage of passenger vehicles, trailers or one truck of a rated capacity not in excess of 7,000 pounds.
GENERAL INDUSTRY. All manufacture, processing, packaging, treatment, or assemble of products and materials likely to create offensive odors, noise, dust, smoke, heat, glare, vibrations, or other objectionable influences; these uses include sand and gravel operations, concrete or asphalt plants, junk yards, vinegar works, distilleries, claystone-glass products, combustible or explosive materials storage or processing, chemicals (manufacture), wood planning and mil/work, fertilizer and similar uses.
HOME OCCUPATION.
(1) Any gainful occupation meeting all of the following requirements:
(a) When engaged in only by persons residing in their dwelling;
(b) When that occupation is conducted in not more than one room within the principal structure;
(c) When evidence of the occupation is not visible from the street;
(d) When the principal structure becomes the base of operation for that occupation using only that equipment or machinery which is usually found in a home; and
(e) When not involving the retail sales of products produced off the site.
(2) No accessory building shall be used for a HOME OCCUPATION
unless approved with an interim use permit.
HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office.
JUNK YARD, GENERAL. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled including but not limited to scrap iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of the material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.
JUNK YARD, MOTOR VEHICLE. A lot or yard where one or more unlicensed motor vehicles, or the parts thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment.
KENNEL, ANIMAL. Any place where three or more of any single type of domestic animals, over four months of age, are owned, boarded, bred or offered for sale.
LIMITED INDUSTRY. All manufacture, processing, packaging, treatment, or assembly of products and materials not likely to give offensive odors, noise, glare, heat, vibration, dust or other objectionable influences; these uses include service and light industries that manufacture, process, store and distribute goods and materials and are in general dependent upon raw materials refined elsewhere; these include: electronics and research, assembly of parts, automobile repair, printing, tinsmithing, plumbing and contractors’ shops, food processing (non-offensive) and similar uses.
LOT. A parcel of land occupied or uses or intended for occupancy or use by a use permit in this chapter, abutting on a public street, and of sufficient size to provide the yards required by this chapter.
LOT OF RECORD. Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor’s subdivision or a registered land survey, or a parcel of land not so platted; subdivided or registered, for which a deed, auditor’s subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for the county, prior to the effective date of this chapter.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT, CORNER. 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 a continuous street, the interior angle of which does not exceed 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE. The property line bounding a lot except that where any portion of a lot extends into the public right-of-way, the line of the public right-of-way shall be the LOT LINE for applying this chapter.
LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. If the dimension of a corner lot are equal, the FRONT LOT LINE shall be designated by the owner and filed with the city.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a THROUGH LOT, both street lines shall be front lot lines for applying this chapter.
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.
MINERAL. Sand, gravel, rock, soil, clay, and similar higher density non-metallic natural minerals.
MINERAL EXTRACTION. The removal of minerals from the ground and off the site.
MOBILE HOME. A transportable, single-family dwelling unit suitable for year around occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing and subject to tax or registration under state law, and having no foundation other than wheels, jacks or skirtings.
MOBILE HOME COURT OR PARK. Any site, lot, field or tract of land upon which two or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as an accessory building or part of the equipment of the mobile home court. The term MOBILE HOME COURT shall include the terms TRAILER PARK, TRAILER COURT and MOBILE HOME PARK.
MOTOR COURT, MOTOR HOTEL OR HOTEL. A parcel of land upon which is located a building or a group of buildings other than a hotel and used primarily as a temporary residence of a motorist.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck.
MOTOR SERVICE STATION. A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories, and replacement items, washing and lubrication services; and the performance of minor automotive maintenance and repair.
NOXIOUS MATTER OR MATERIAL. Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals.
NURSERY, DAY. A school designed to provide daytime care for three or more children under kindergarten age for periods of four hours or more per day.
NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative plants, and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.
NURSING HOME. A private home for the care of children or the aged or infirm or place of rest for those suffering bodily disorder. A NURSING HOME does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or care for mental illnesses or infirmities.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease or trade where the goods are not enclosed within a building.
OPEN STORAGE. Storage of any material outside of a building.
PARKING SPACE. A suitable surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size as provided herein.
PARTY WALL. A common wall which divides two independent structures.
PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PERSON. An individual, to include both male and female and shall also extend and be applied to bodies political and corporate and to partnership and other unincorporated associations.
PLANNING COMMISSION. The duly appointed planning and zoning advisory commission of the City of Harris.
PROPERTY LINE. The legal, boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway, and the like.
PUBLIC LAND. Land owned and/or operated by a governmental unit, including school districts.
PUBLIC UTILITY SERVICES. Overhead or underground electric, gas, communication, steam or water transmission or distribution systems and structures, or collection, supply or disposal systems and structures, used by public utilities or governmental departments or commissions, or as are required for protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith, but not including public utility buildings.
RECREATIONAL FACILITY OR STUDIO. Including yoga, gymnastics, karate, self defense, dance, fitness clubs, arts, crafts, and indoor sports.
RETAIL SALES AND SERVICES. Stores and shops selling the following goods and services: food, clothing, drugs, hardware, laundry and dry cleaning, bakery, furniture, watch repair, cards, sporting goods and other similar to those listed above.
SETBACK. The minimum horizontal distance between a building and street right-of-way or property line. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure at ground level.
SIGN. The term shall mean any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when the same is displayed or placed out of doors in view of the general public and shall include every detached sign.
SIGN-ADVERTISING (BILLBOARD). A sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where the sign is located.
SIGN BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered on the premises on which the sign is located.
SIGN, FLASHING. An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which the sign is in use.
SIGN, GROSS AREA OF. The area within the frame shall be used to calculate the gross area except that the width of the frame in excess of 12 inches shall be added thereto. When letters or graphics are mounted without a frame the gross area shall be the area bounded by straight lines six inches beyond the periphery of the letters or graphics. Each surface utilized to display a message or to attract attention shall be measured as a separate sign. However, only six side of a double face sign shall be measured in computing the gross area thereof.
SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes.
SIGN, NAMEPLATE. Any sign which states the name or address or both of the business or occupant of the lot where the sign is placed or may be a directory listing the names, address and business of occupants.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a STORY.
STREET. A public right-of-way which affords a primary means of access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but without limiting the generality of the foregoing advertising signs, billboards or fences.
STRUCTURAL ALTERATION. Any change, other than normal and incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE, NONCONFORMING. Any structure which is legally existing upon the effective date of this chapter, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter.
THOROUGHFARE. All federal, state, county and village streets, roads or public right-of-ways.
TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 35 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
USE, ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
USE, CONDITIONAL.
(1) Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After consideration, in each case, of the impact of the use upon neighboring land, and of the public need for the particular use at the particular location, the CONDITIONAL USE may or may not be granted by the Council.
(2) The occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning use district, which for their respective conduct, exercise or performance in a designated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, conditional modification, or regulations in the use district. For the promotion or preservation of the general public welfare, health, convenience, or safety therein and in the county and therefore may be permitted in the use district only by a conditional use permit.
USE, INTERIM. A temporary use of land or structure allowed within a zoning district by interim use permit.
USE, NONCONFORMING. A use of land, buildings or structures lawfully existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any use of land, building or structure lawfully existing prior to the adoption of an amendment which would not comply with all of the regulations.
USE, OPEN. The use of a lot without a building or including a building incidental to the OPEN USE with a ground floor area, equal to 5% or less of the area of the lot.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of the district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.
WAREHOUSING. The storage of materials or equipment within an enclosed building as a principal use.
WHOLESALING. The selling of goods, equipment and materials by bulk to another business that resells to its customers.
YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A YARD shall extend along a lot line and at right angles to the lot line to a depth or width specified in the yard regulations for the district in which the lot is located.
YARD, FRONT. A yard extending along the full width of the lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which the lot is located.
YARD, REAR. A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which the lot is located.
YARD, SIDE. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which the lot is located.
ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform.
(Prior Code, § 601.03) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2007-5-14, passed 5-14-2007; Am. Ord. 2017-04, passed 9-11-2017; Am. Ord. 2020-03, passed 6-8-2020; Am. Ord. 2021-02, passed 5-10-2021; Am. Ord. 2023-03, passed 3-13-2023)
(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare.
(B) Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(C) Except as in this chapter specifically provided, 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 this chapter.
(D) No cellar, garage, tent, trailer, recreational vehicle, basement or accessory building shall, at any time be used as a dwelling unit except mobile homes as regulated in this chapter; and a basement home may be used as a dwelling for a period not exceeding three years, pending completion of structure above. The basement portion of a finished home or apartment building may be used for normal eating and sleeping purposes provided it is properly damp-proofed, has suitable fire protection and exits, and is otherwise approved by the building inspector.
(E) Except where specifically permitted in this chapter, no person may occupy or inhabit any structure not specifically designed for human habitation as a dwelling, including, but not limited to, accessory buildings, tents, campers, makeshift structures or any structures designed for habitation without functional plumbing, self-renewable heating sources and electricity.
(Prior Code, § 601.04) (Am. Ord. 2015-01, passed 6-8-2015; Am. Ord. 2017-01, passed 8-14-2017)
Penalty, see § 10.99
(A) Generally. This chapter establishes separate and distinct districts, each of which is appropriate for certain specified uses and conditions. It is the purpose of this section to provide for the regulation of existing structures, uses, and lots that do not conform to the requirements of the district in which they are located and to specify the requirements, circumstances, and conditions under which the nonconforming structure, use, or lot may be continued. In furtherance of the goals and purpose of this chapter, it is also the intent of this section that all nonconforming uses shall eventually be eliminated or made to comply with the provisions of this chapter.
(B) Definition. IMPROVEMENT means making the non-conforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what pre-existed, but does not include expansion, enlargement, or intensification.
(C) Any structure or use, including mobile homes, lawfully existing upon the effective date of this chapter shall not be expanded, enlarged, or intensified, but may be continued at the size and in a manner of operation existing upon the date, including through repair, replacement, restoration, maintenance or improvement, except as hereinafter specified or subsequently amended.
(D) Nothing in this chapter shall prevent the placing of a permanent structure or part thereof in a safe condition when the structure or part thereof is declared to be unsafe by the city provided the necessary repairs shall not constitute more than 50% of the fair market value of the structure. The value shall be determined by the County Assessor.
(E) When any lawful nonconforming use, structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(F) Whenever a lawful nonconforming building, structure, or use shall have been damaged by fire or other peril to the extent of greater than 50% of its fair market value, the value as determined by the County Assessor, excluding land value, the right to continue or replace any nonconforming use is terminated, except if a valid and complete building permit application has been submitted to the city within 180 days after the property was damaged in which case the replacement shall be for a use in accordance with the provisions of this chapter.
(G) Whenever a lawful nonconforming use of a building or structure or land is discontinued for a period of 12 months, any future use of the building or structure or land shall be in conformity with the provisions of this chapter.
(H) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not expand, enlarge, increase, extend or intensify the nonconforming use.
(I) A lawful nonconforming use may be changed only to a use of the same or more restricted classification, and not to another nonconforming use.
(J) A lot or parcel of land that is nonconforming and that is not improved with a principal use is not entitled to be developed with a principal use if it has been in common ownership with adjacent land, including land that is across a street, or if it has been part of a larger parcel of land, at any time after adoption of the standard that causes the lot to be nonconforming.
(Prior Code, § 601.05) (Am. Ord. 2013-03, passed 2-11-2013)
Penalty, see § 10.99
(A) A lot or parcel of land for which a deed has been recorded in the office of the Chisago County register of deeds upon, or prior to the effective date of this chapter, shall be deemed a buildable lot provided it has frontage on a public right-of-way and the space requirements for the district in which it is located can be maintained or adjusted to conform as follows:
A lot or parcel of land of record upon the effective date of this chapter which is in a residential district and which does not meet the requirements of this chapter as to area, width or other open space, may be utilized for single-family detached dwelling purposes provided the measurements of the area, width or open space is within 60% of the requirements of this chapter; but the lot or parcel shall not be more intensively developed.
(B) No building shall be converted to as to conflict with, or further conflict with the lot size requirements of the district in which the building is located.
(C) Lot width shall be measured within the buildable area of the lot at the setback line.
(D) In areas not served by public water and sewer disposal systems, soil tests may be required to ensure the sanitary function of private on-site systems. If tests indicate that the soils are not adequate, the size of the lot area will be increased in lot area until the size is deemed adequate.
(E) Public right-of-ways are a part of the buildable lot area and shall be included as part of the minimum lot area required.
(F) Through lots in any district shall have a required front yard on each street.
(G) Requests for building on a nonconforming lot shall be accompanied by a site plan locating the proposed well and septic tank and those of abutting developed properties. An occupancy permit shall be issued only if the applicant can demonstrate that no pollution or health hazard will result.
(H) Excavation, construction sheds and stock piling of construction equipment and materials incidental to construction on the premises is permitted providing the activities are of a temporary nature.
(I) Except in the case of operating farms not more than one principal building shall be located on a lot.
(K) Accessory buildings shall be ten feet or more from all lot lines of adjoining lots and shall be considered attached to the principal building for the purpose of establishing required yards unless six feet or more from the principal building.
(Prior Code, § 601.06) Penalty, see § 10.99
(A) In all residences, the ground floor area in square feet developed on a lot shall not be less than 750 square feet.
(B) Farm buildings shall not exceed 50 feet in height and residential buildings shall not exceed 35 feet in height, except as shall be permitted by conditional use permit granted by the Council determining that the structure would not be dangerous and would not adversely affect adjoining or adjacent property.
(C) An accessory structure or building shall only be constructed on a lot prior to the time of construction of the principal building to which it is accessory with the following requirements via interim use permit:
(1) Located in the R-2 District.
(2) Proof of building permit completion for the primary structure.
(3) No sewer and water may be added to the accessory structure prior to the completion of the primary structure.
(D) No accessory building shall exceed the height of the principal building. However, in no case shall the accessory building exceed 15 feet in height, unless a variance therefor is obtained.
(Prior Code, § 601.07) (Am. Ord. 2022-06, passed 11-14-2022) Penalty, see § 10.99
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