Loading...
Home occupation uses are subject to the following requirements.
(A) The home occupation must be conducted entirely within a dwelling or accessory structure except daycare facilities.
(B) The home occupation must be incidental to and secondary to the use of the dwelling for dwelling purposes and shall not change the essential residential character of the principal use.
(C) The use must be conducted by a member of the family residing on the premises.
(D) The home occupation shall not utilize mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisances outside the dwelling unit or accessory structure.
(E) Offices, clinics, barber shops, beauty parlors, dress shops, coffee rooms, tourist homes, music and dance schools, or similar uses shall require conditional use permits.
(F) Such occupations as architects, computer professionals, artists, writers, clergymen, daycares, lawyers, teachers, CPAs, domestic crafts and similar professional occupations shall be permitted.
(G) No home occupation may generate more vehicle daily trips by either customers, delivery persons, or employees in greater volumes than would normally be expected for the zoning district in which it is located.
(H) Not more than 1 non-illuminated wall or free standing sign measuring 3 square feet in area is permitted on the lot in which the home occupation is being conducted.
(I) When deemed appropriate, the Administrator may bring the home occupation to the attention of the Planning Commission at which time the Planning Commission may hold such public hearings, request such information, or require such conditions as deemed necessary to bring the home occupation in compliance with the performance criteria. The Planning Commission shall make a recommendation to the City Council for final consideration.
(Ord. 333, passed 12-27-2004)
(A) Purpose. The following regulations are provided to maintain the attractiveness and orderliness of the city and to protect public safety.
(B) Types of signs defined.
(1) Billboard. Any sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. Billboards require a single or monopole construction.
(2) Business sign. A sign, including any supporting or framing structure, which directs attention to a business or profession conducted upon the premises, or to a commodity, service or entertainment sold or offered upon the premises on which the sign is located.
(3) Free standing sign. Any sign erected on a freestanding framework supported and affixed by one or more uprights or braces in or upon the ground.
(4) Roof sign. Any sign attached to the roof of a building.
(5) Sign. A name, identification, description display or illustration which is affixed to or represented directly or indirectly upon an awning, canopy, marquee, building structure, or piece of land which directs attention to an object, project, place, activity, person, institution, organization or business. A “sign” shall not include any official court or other public notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious or service or fraternal group.
(6) Wall sign. Any sign attached to the wall of a building.
(C) Permit required. No sign, outdoor advertising structure, or display of any character shall be permitted except in conformity with the following regulations. A zoning permit is required for erection, construction, placement, or replacement of any sign to be permanently attached to a building or to be permanently erected as a free-standing sign.
(D) General regulations for signs.
(1) Flashing, moving, glaring signs prohibited. No illuminated sign shall be of excessive brightness or shall flash, scintillate, or move. Time and temperature or message signs not otherwise prohibited under this regulation will be allowed, provided they do not create hazardous or annoying glare.
(2) No sign shall be so located as to hide from view or so illuminated as to interfere with the effectiveness of any traffic-control devise or signal.
(3) No business sign or sign structure shall be located in such a manner as to materially impede the motorist’s view at any street or highway intersection.
(4) No sign shall be permitted to be placed on any wall, fence, or standard facing the side of any adjoining lot which shares a lot line and is located in a residential district, except for those signs permitted in residential districts as provided herein.
(5) All signs shall be maintained in good and safe structural condition.
(6) No sign or part thereof shall be located on any private property without the consent of the owner, holder, lessee, agent, or trustee.
(7) No sign shall contain any indecent, offensive picture, or immoral in character or written manner.
(8) Roof signs must not extend 5 feet above the roof line.
(9) Billboards are permitted along state highways with required city and state permits.
(10) Searchlights and beacon lights are prohibited.
(11) Signs exempt from regulation and permit.
(a) Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice and signs erected or maintained by a public agency or official, or required by law to be displayed by a public utility for directional warning or informational purposes, are not subject to the regulations of this chapter.
(b) Informational and directional signs (which may include a corporate identity symbol) are exempt from this regulation.
(c) Residential nameplate signs of not more than 2 square feet, one per dwelling except for corner lots which may have one nameplate sign facing each street.
(d) Temporary special event signs, portable signs and banners for commercial, community and non-profit sponsored events, providing they are in use for no more than 14 days.
(e) Temporary garage sale, house sale, or real estate sale and construction project signs providing they are removed after the sale or completion of the construction project.
(f) Temporary child operated refreshment stand sign.
(g) All campaign signs of any size provided they are removed within 10 days following the election.
(E) Sign regulations within residential districts. The following sign regulations shall pertain to all residential districts:
(1) For each multiple-family dwelling, identification signs indicating only the name and address of the building and the name of the management, not exceeding a total of 16 square feet in area. The signs may not be closer than 10 feet to any other zoning lot. On corner lots, identification signs shall be permitted per street.
(2) A residential project having a number of buildings shall be permitted one additional sign at the major entry with the name of the project only. The sign shall be not greater than 32 square feet in area and located not closer than 16 feet to any other zoning lot.
(3) Church bulletins, cemetery signs, educational institutions, social facilities and other similar uses: a single identification sign not exceeding 32 square feet except that on corner lots, 2-32 square foot signs will be permitted, 1 facing each street.
(4) Signs designating parking area entrances or exists are limited to 1 sign for each entrance or exit of no more than 3 square feet sign of area for each sign face. One additional sign shall be permitted designating the conditions of use and name of business served by the parking, provided the sign does not exceed 9 square feet. No advertising is permitted on parking area signs.
(5) No free-standing sign shall project higher than 6 feet from the ground. No attached sign shall project more than 12 inches from the wall to which it is attached.
(6) Roof signs are prohibited in residential districts.
(7) Billboards are prohibited in residential districts and must not be located within a distance equal to 1 city block of any residential district.
(F) Sign regulations within the B-1, B-2 and I-1 Districts.
(1) Signs permitted in residential districts are permitted in the B-1, B-2 and I-1 Districts.
(2) The gross area in square feet of business wall signs shall not exceed 20% of the wall area per fascia to which it is attached or of which it is a part.
(3) The gross area in square feet of all free-standing business signs shall not exceed one square foot per each lineal foot of frontage of the zoning lot.
(4) No free-standing sign shall extend over the right-of-way line on any street or highway, except for business signs where existing buildings have no front or side yards or setbacks from the street or road right-of-way may extend over the sidewalk only. Where there is no sidewalk, the sign may extend to a length of a standard sidewalk width located in the zoning district. Signs extending over a right-of-way and/or sidewalk must be a minimum of 13 feet and 6 inches above the ground to allow for snow removal equipment.
(G) Nonconforming signs.
(1) Any nonconforming sign existing upon the effective date of this chapter shall not be enlarged, but may be continued, repaired and maintained at the size and in the manner of operation existing upon such date.
(2) After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign. Whenever the use of a nonconforming sign has been discontinued for a period of more than 1 year or if it is destroyed by more than 50% of its market value, the use shall not be resumed thereafter unless the sign meets the requirements of this section.
(H) Abatement. If the Administrator finds that any sign has been erected without the necessary permit(s) or any sign is being maintained in violation of any provision of this section, written notice of the violation will be given to the installer of said sign, to the permit holder and/or to the owner, lessee or manager of the property. If after receiving the notice the person fails to remove or alter the sign so as to comply with the provisions of this chapter, the sign shall be deemed to be a nuisance and may be abated by the city under M.S. Ch. 429, as it may be amended from time to time. The cost of such an abatement, including administrative expenses and reasonable attorneys’ fees, may be levied as a special assessment against the property upon which the sign is located.
(I) Appeals. An applicant for a sign permit or a permit holder may appeal any order, requirement, decision or determination made by the Administrator or his or her authorized designee in the enforcement of this section by filing an application for appeal with the Administrator.
(J) Variances. An applicant for a sign permit may request a variance from the requirements of this chapter. The process for requesting a variance shall be as provided in § 151.237. The Council may approve such a variance upon a finding that the variance meets each of the following criteria, although it shall not be required to do so:
(1) There are exceptional or extraordinary circumstances or conditions applying to the property and/or structure(s) in question, which circumstances or conditions do not apply generally to other property and/or structures;
(2) The variance is necessary for the preservation of substantial property rights of the applicant;
(3) Under the circumstances of the particular situation the variance will not adversely affect the health, safety or general welfare of residents of the surrounding area or of the community as a whole.
(Ord. 333, passed 12-27-2004)
(A) Parking. Off-street automobile parking or storage space shall be provided on every lot on which any new structures are established. The space shall be provided with vehicular access to a street or alley so as to allow vehicles safe entry onto the roadway, and the space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. When a structure is enlarged, the required off-street parking space shall be provided for the enlarged portion. If a use is changed to a different use requiring more space, the additional amount of parking area shall be provided. In addition, the required minimum spaces as provided in division (B) shall apply.
(B) Required spaces. The following uses shall, at a minimum, provide the number of off-street parking spaces as designated:
(1) Single- or two-family dwelling: 2 parking space for each unit;
(2) Multiple-family dwellings: 2 parking spaces per unit for residents and 1 space per unit for guests;
(3) Industrial uses: 1 space for each 2 employees based upon peak employment on a single shift.
(Ord. 333, passed 12-27-2004)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES. Include bookstores, adult motion pictures theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public.
(a) SPECIFIED ANATOMICAL AREAS.
1. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(b) SPECIFIC SEXUAL ACTIVITIES.
1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, and any of the following sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
4. Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts;
5. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons;
6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
7. Human erection, urination, menstruation, vaginal or anal irrigation.
ADULT USES - ACCESSORY. A use, business, or establishment having 10% or less of its stock in trade or floor area allocated to, or 20% or less of its gross receipts derived from adult use movie rentals or adult use magazine sales.
ADULT USES - PRINCIPAL. A use, business, or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from any adult use.
ADULT USE - BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
ADULT USE - BOOKSTORE. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if the building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason of age or if a substantial or significant portion of the items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE - CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
ADULT USE - COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - HOTEL OR MOTEL. Adult hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT USE - MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE - MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers and who engage in specified sexual activities or specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by the customers.
ADULT USE - MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any on time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT USE - MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if the building or portion of a building as a prevailing practice excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE - NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
ADULT USE - SAUNA. A sauna which excludes minors by reason of age, or which provides a stream bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE - STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(B) Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of the uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
(C) General provisions. Adult uses as defined in this chapter shall be subject to the following general provisions:
(1) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this ordinance be constructed to allow an activity otherwise prohibited by law.
(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
(3) An adult use which does not qualify as an accessory use, as defined herein, shall be classified as an adult use-principal.
(D) Adult use, principal.
(1) Adult use-principal shall be a conditional use in the I-1 General Industrial District, subject to the location criteria outlined herein.
(2) Adult use-principal shall be located at least 300 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of:
(a) A zoning district in which residential uses are specifically listed as a permitted or conditional use;
(b) A licensed day care center;
(c) A public or private educational facility classified as an elementary, junior high or senior high;
(d) A public library;
(e) A public park;
(f) Another adult use-principal;
(g) Any church or church related organization;
(h) Any existing residence.
(3) No adult use-principal shall be located in the same building or upon the same property as another adult use-principal.
(4) Adult use-principal shall adhere to the following signing regulations in addition to the sign regulations of § 151.203.
(a) Sign messages shall be generic in nature and shall only identify the name of the business.
(b) Signs shall comply with the requirements of size and number for the district in which they are located.
(5) Adult use-principal shall be limited to 7:00 p.m. to 12:30 a.m. for its hours of operation. Differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operator to the City Council that all the following apply:
(a) Not adversely impact or affect uses or activities within 350 feet;
(b) Will not result in increased policing and related service calls;
(c) Is critical to the operation of the business.
(E) Adult use, accessory. Adult Uses-accessory shall be permitted in all commercial districts, provided the accessory use conforms with the provisions of this section.
(1) Adult use-accessory shall:
(a) Comprise no more than 10% of the floor area of the establishment in which it is located;
(b) Comprise no more than 20% of the gross receipts of the entire business operation;
(c) Not involve or include any activity except the sale or rental of merchandise.
(2) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access.
(a) Movie rental. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation.
(b) Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
(c) Other use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.
(3) Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(F) Nonconforming adult use-principal or accessory. An adult use already operating within a community in an area where it will not be allowed pursuant to city ordinance may not be grand fathered or considered a legal nonconforming use. The city will issue a notice for the adult use to relocate its operation to an area where the adult use is allowed. The adult use operator has one year from the date of the notice to relocate its operation to an area where the adult use is allowed.
(G) Enforcement.
(1) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.
(2) Any violation of this section shall be a basis for the suspension or revocation of the certificate of occupancy for the property or building in or on which the adult use is located. In the event the City Council proposes to revoke or suspend a certificate of occupancy, the property owner shall be notified in writing of the basis for the proposed suspension or revocation. The City Council shall hold a hearing for the purpose of determining whether to revoke or suspend the certificate of occupancy, which hearing shall be within 30 days of the date of the notice.
(3) The City Council shall determine whether to revoke or suspend a certificate of occupancy within 30 days after the close of the hearing or within 60 days of the dates of the notice, whichever is sooner, and shall notify the property owner of its decision within that period.
(Ord. 333, passed 12-27-2004)
(A) Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures, and uses will be operated and maintained.
(B) Regulations.
(1) Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended.
(2) No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel, unless the movement shall bring the nonconformance into compliance with the requirements of this chapter.
(3) If at any time a nonconforming building, structure or use shall be destroyed to the extent of more than 50% of its fair market value, the value to be determined by the County Assessor, then without further action by the Council, the building and the land on which the building was located or maintained shall, from and after the date of the destruction, be subject to all the regulations specified by these zoning regulations for the district in which the land and buildings are located. Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent.
(4) Whenever a lawful nonconforming use of a structure or land is discontinued for a period of 1 year, following written notice from an authorized agent of the city, the use shall become conforming with the provisions of this chapter.
(5) Normal maintenance and repair of a building or other lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
(6) Alterations may be made to a building or other lawful nonconforming residential units as a conditional use when the alterations will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building or increase the nonconformity.
(7) Any proposed structure which will, under this chapter, become nonconforming but for which a zoning permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter. The structure and use shall thereafter be a legally nonconforming structure and use.
(Ord. 333, passed 12-27-2004)
Loading...