§ 153.038 COMPATIBILITY OF MOVED STRUCTURES.
   (A)   (1)   Before any house or other structure is moved onto a vacant lot, the Planning Commission shall report to the Council whether the structure will be compatible with other development in the area.
      (2)   The applicant shall submit photographs taken from 2 or more angles of the structure to be moved and photographs of the lot on which the structure is to be located together with photographs of adjacent lots and structures.
      (3)   All proposed exterior improvements shall be completed within 180 days of the issuance of the permit, and all landscaping shall be completed within 240 days of the issuance of the permit, it the Council determines that the applicant has failed to comply within that time period, the owner shall be guilty of a misdemeanor and shall be punished by a fine (as dictated by the current Minnesota State Code, plus the costs of prosecution in either case.
      (4)   Each day on which the violation continues shall constitute a separate offence.
      (5)   The penalty to be transmitted by the City Administrator to the County Auditor for collection as a special assessment. In case of extreme hardship, the property owners may appear before the Council to request an extension to the original permit.
   (B)   Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications:
      (1)   Cornices, canopies or eaves may extend into the required front yard a distance not exceeding 4 feet, 6 inches. Overhang of 1-foot is required in R-1 and R-2 districts;
      (2)   Fire escapes may extend into the required front yard a distance not exceeding 4 feet, 6 inches;
      (3)    A landing place or uncovered porch may extend into the required front yard a distance not exceeding 6 feet. An open railing no higher than 3 feet may be placed around the place; and
      (4)   The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace or outside stairway shall project into the required side yard distance except on existing lots that are 50 feet or less in width; in that instance, allowable architectural features may project into the required side yard a distance of 2 feet.
   (C)   A wall, fence or hedge shall not exceed 3 feet in height in the required front yard. A 4-foot fence may be allowed if the fence is chain link or if the zoning board deems there are no visibility problems to traffic. There can be no plants of any kind on a chain link fence to obstruct view, or 7 feet in height in the required side and rear yards. Any wall or fence exceeding 3 feet in height, shall maintain a 3 foot setback from a lot line unless:
      (1)   Mutual agreement can be demonstrated with abutting property owners;
      (2)   Maintenance easement agreement can be drafted and agreed to by both affected parties; and
      (3)   Mutual ownership and responsibility agreements can be drafted and demonstrated to the City Council.
   (D)   In the districts where filling stations are allowed, pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street right-of-way lines.
   (E)   The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub or other growth, which may cause danger to traffic on a street or public road by obscuring the view.
   (F)   In determining the depth of rear yard for any building where the rear yard opens into the alley, 1/2 the width of the alley, but not exceeding 10 feet, may be considered as a portion of the rear yard.
   (G)   (1)   Where an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building.
      (2)   A detached accessory building not over 1 story and not exceeding 10 feet in height may occupy not to exceed 30% of the area of any rear yard. No detached accessory building shall be located within 5 feet of any rear lot line or side lot lines.
      (3)   An accessory building shall not be closer than 5 feet to the main building unless attached to and made a part of the main building, except as otherwise provided in this section
   (H)    A garage or building larger than 10 feet by 12 feet or a building 120 square feet or larger shall be considered a dwelling for purposes of side and rear yard regulations and requirements and 10 feet off the rear property line.
(Ord passed 4- -1995; Am. Ord. passed 8- -2001)