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(A) For the purpose of the chapter, words used in the present tense shall include the future. Words in the singular shall include the plural, and the plural the singular. The word “building” shall include the word “structure.” The word “lot” shall include the word “plot” and the word “shall” is mandatory and not discretionary.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURE. The growing of soil crops in the customary manner on open tracts of land or the raising of animals or poultry. The term shall include incidental retail selling by the producer or the products raised on the premises, providing that customer parking space is furnished off of the public right-of-way.
ALLEY. A public or private right-of-way less than 30 feet in width, which affords secondary means of access to abutting property.
APARTMENT BUILDING. Three or more dwelling units grouped in one building.
APARTMENTS. A room or suite of rooms designed for, intended for, or used as a residence for one family or individual and equipped with cooking facilities.
BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage or boundary line of the corporate limits of the city.
BOARDING HOUSE. Any dwelling other than a hotel or a motel with meals or lodging and meals for conversation are provided for five or more persons pursuant to previous arrangements.
BUILDING. Any structure for the shelter, support or enclosure of persons, animal, chattel or property of any kind. When separated by bearing walls without opening, each portion of a BUILDING so separated shall be deemed a separate BUILDING.
BUILDING HEIGHT. The vertical distance from the average of the lowest and highest point of the portion of the lot covered by the building to highest point of the roof, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
CENTRAL BUSINESS DISTRICT. Main concentration of uses devoted to the retailing of goods and services for a profit.
COMMERCIAL DISTRICT. Consists of other business locations such as highway serving uses and that which deal more in convenience goods and services.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other room or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
(a) MANUFACTURED HOME. A manufactured home shall be as defined by M.S. § 327.31, Subdivision 6 as it may be amended from time to time and shall be constructed in compliance with the Manufactured Home Building Code established by M.S. §§ 327.31 and 327.32, as they may be amended from time to time.
(b) MULTIPLE-FAMILY DWELLING. A residential building designed for or occupied by three or more families, with the number of families, in residence not exceeding the number of dwelling units provided.
(c) SINGLE-FAMILY DWELLING. A detached residential dwelling unit, including a manufactured single-family dwelling, but other than a manufactured home, designed for and occupied by one family only.
(d) TWO-FAMILY DWELLING. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
FAMILY. Any number of individuals living together on the premises as a single non-profit housekeeping unit, except for necessary servants, as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, including basements and attached accessory buildings.
GARAGE, PRIVATE. An accessory building for storage of self-propelled vehicles and tools and equipment maintained as incidental to a conforming use of the premises.
GARAGE, PUBLIC. Any premises, except those defined as a private garage, used for storage or care of self-propelled vehicles and or where any vehicles are equipped for operating, repair or are kept for remuneration, hire or sale.
HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by members of a family residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Clinics, hospitals, barber shops, mortuaries, beauty parlors, motor vehicle repairing for hire, welding, animal hospitals and the maintenance of animals, except as provided in § 151.15, shall not be deemed to be HOME OCCUPATIONS.
INDUSTRIAL DISTRICT. All uses which include the compounding, processing, packaging, treatment or assembly or products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations or other objectionable influences that extend beyond the district boundaries.
HOTEL. Any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms, with no cooking facilities in individual dwelling units.
JUNK YARD. Land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled, including but not limited to scrap metal, rags, paper, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other machinery.
LOADING AREA. Any area where trucks are parked, maneuvered or loaded or unloaded of materials or equipment.
LOT. One unit of a recorded plat or subdivision, which unit has frontage on a public street and is occupied, or to be occupied, by a building and its accessory buildings, and including as a minimum, the open spaces as are required under this chapter.
(a)
CORNER LOT. A lot situated at the intersection of two or more streets.
(b) DOUBLE FRONTAGE LOT. An interior lot having frontage on two streets.
(c)
INTERIOR LOT. A lot other than a corner lot.
LOT AREA. The land area within the lot lines.
LOT COVERAGE. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures.
LOT DEPTH. The average distance between the front and rear lot line. The greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width.
LOT WIDTH. The horizontal straight line distance between the side lot lines at the setback line.
NONCONFORMING USE. A use lawfully in existence on the effective date of this chapter and not conforming to the regulations for the district in which it is situated. A use is not nonconforming if it would be authorized under a special use permit where located.
PERSONS. Any individual, firm, partnership, corporation, company, association or body politic; includes any trustee, receiver, assignee or similar representative thereof.
PREMISES. A lot or plot with the required front, side and rear yards for a dwelling or other use as allowed under this chapter.
SETBACK. The shortest horizontal distance between the front lot line and foundation wall of a building or the allowable building line as defined by the front yard regulations of this chapter.
SIGN. A name, identification, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, purpose, institution or business.
(a) ADVERTISING SIGN. A sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where a sign is located.
(b) BUSINESS SIGN. A sign which directs attention to a business or profession of a commodity, services or entertainment sold or offered upon the premises where a sign is located.
(c) FLASHING SIGN. Any illuminated sign on which the illumination is not kept stationary or constant in intensity and color at all times which the sign is in use.
(d) ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as part of the sign.
(e) NAMEPLATE SIGN. Any sign which states the name or address or both of the business or occupant of the lot where the sign is placed.
(f) ROTATING SIGN. A sign which revolves or rotates on its axis by mechanical means.
(g) SURFACE AREA OF SIGN. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of the sign and not forming an integral part of the display. Only one side of a double-face or V- type sign structure shall be used in computing total surface area.
STORY. That portion of the building included between the surface of any floor and the surface of the next floor above it, the space between the floor and the preceding next above it.
STORY, HALF. A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of the story.
STREET LINE. The right-of-way line of a street.
STRUCTURAL ALTERATION. Any change or addition to the supporting members of a building such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.
SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels, any of which result in parcels less than 2½ acres in area and 150 feet in width, for the purpose of transfer of ownership of buildings involved, any division of a parcel of land. The term includes resubdivision, and, where it is appropriate to the context, relates either to the process of subdivision or land subdivided.
TRAVEL TRAILER. A vehicular portable structure built on a chassis to be used as a temporary dwelling for travel and recreation and vacation uses.
USE. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use clearly incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.
VARIANCE. A modification or variation of the provisions of the chapter, as applied to a specific piece of property only under the circumstances provided for in § 151.53, except that modification in the allowable uses within a district shall not be considered a VARIANCE.
YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky, except for fences five feet or less in height, and trees and shrubs.
(a) FRONT YARD. A yard extending across the front of the lot between the side yard lines and lying between the front street right-of-way of the road or highway and the nearest line of the building.
(b) SIDE YARD. An open, unoccupied space on the lot between the building and the side line of the lot.
(Ord. passed 4-24-78; Am. Ord. passed - -82)
(A) For the purpose of this chapter, the city is divided into the following districts:
(1) A-R, agricultural residential district;
(2) R- I, one- to four-family residential districts;
(3) R-2, multi-family residential district;
(4) C-B, central business district;
(5) C- I, commercial district;
(6) I, industrial district;
(7) S-D, shoreland district; and
(8) C-2, highway commercial district.
(B) The boundaries of the district established by this chapter are delineated on the zoning map and all notations, references and date shown thereon are hereby adopted and made part of this chapter and will be on permanent file and available for public inspection, in the Office of the Zoning Administrator. It shall be the responsibility of the Zoning Administrator and staff to maintain the map and amendments thereto shall be recorded thereon within 30 days after official publication of amendments.
(C) The boundaries between districts are, unless otherwise indicated, either the center lines of streets, alleys or railroad rights-of-way or the lines extended or lines parallel or perpendicular thereto. Where figures are shown on the zoning map between a street and a district boundary line runs parallel to the street at a distance there from equivalent to the number of feet stated, unless otherwise indicated.
(Ord. passed 4-24-78)
ZONING DISTRICTS
(A) Purpose. The purpose of the agricultural residential district is to establish and maintain a district that is rural in character.
(B) Permitted uses.
(1) Agriculture, including farm dwellings and agricultural buildings;
(2) Forest and production of woodland products including portable sawmills for cutting timber grown on the premises;
(3) One- and two-family dwellings; and
(4) Public and private parks.
(C) Conditional uses.
(1) Commercial outdoor recreation areas;
(2) Organized group camps;
(3) Extraction of gravel and minerals; and
(4) Other rural residential uses determined by the Planning Commission to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare.
(D)Accessory uses. Uses incidental to the principal uses are allowed.
(E) Minimum lot area, lot width and yard requirements.
(1) Lot width and depth is 200 feet.
(2)Lot area is 2½ acres.
(3) There are no yard requirements.
(F) Height requirements. There are no height requirements.
(Ord. passed 4-24-78) Penalty, see § 10.99
(A) Purpose. The R-1 district is intended for low density residential development in those areas where development fits the land use plan and policies.
(B) Permitted uses.
(1) One- to four-family unit dwellings;
(2) Parks and recreational areas owned or operated by governmental agencies;
(3) Public elementary or high schools or private schools with an equivalent curriculum;
(4) Churches, parish houses, convents, children’s nurseries and schools;
(5) Crop farming, other than livestock on unplatted land not involving a sales structure;
(6) Home occupations and offices of professional persons when the use does not exceed one- third of the floor space of a dwelling or accessory building and does not employ more than one person not residing on the premises;
(7) Public golf courses, public swimming pools, private recreational clubs, tennis courts, except those operated for commercial purposes; and
(8) Manufactured homes built in conformance with M.S. §§ 327.31 to 357.35 (the Manufactured Home Building Code) that comply with all other zoning provisions promulgated by the city.
(C) Accessory buildings and accessory uses.
(1) Private garage, carport, boathouse, one of each depth designation;
(2) Private swimming pools when completely enclosed by a fence five or more feet high;
(3) Boarding or rental of rooms shall be subject to providing off-street parking, as regulated in §§ 151.35 through 151.38;
(4) Maintenance of dogs and cats or other household pets, subject to licensing requirements and applicable ordinances of the city;
(5) Off-street parking, as regulated in § 151.38;
(6) Parking of one commercial motor vehicle of not over 26 feet in length used by the resident occupant and parking of passenger cars, but not including the storage of vehicles which are inoperable for sale or rent; and
(7) Signs, as regulated in § 151.37.
(D) Conditional uses. The following uses are permitted by conditional use permit within an R-1 district. Buildings or land may be used for the following if granted a conditional use permit, as provided in § 151.50.
(1) Municipal administration buildings, police and fire stations, libraries, museums, art galleries, post offices and other municipal service buildings, except those customarily considered industrial or commercial in use;
(2) Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures;
(3) Commercial country club, commercial swimming pool, private swimming pool serving more than one dwelling;
(4) Apartment buildings and multiple dwelling units housing four to eight families with appropriate off-street parking facilities;
(5) Boarding or rental of rooms for three to eight persons on a premise; and
(6) Manufactured home park developments, subject to manufactured home park development regulations in the general requirements of this chapter.
(E) Height, yard and lot requirements.
(1) Height requirements. No structure shall exceed 2½ stories or 35 feet whichever is less in height. Except that church spires, belfries, domes which do not contain usable space, chimneys and similar structures not intended for human occupancy may be of any height.
(2) Front yard regulations.
(a) Single- through multi-family new lots shall be 20 feet. Corner lots, where both yards are bordering a street, will be considered front yards.
(b) Corner lots shall be 15 feet. The front yard bordering a side street may be reduced to ten feet.
(3) Rear yard regulations.
(a) Existing lots, single- through multi-family, shall be one-fifth of the lot.
(b) New lots, single- through multi-family, shall be one-fourth of the lot depth.
(4) Side yard requirements.
(a) Existing lots, single- through multi-family, shall be two yards at ten feet each.
(b) New lots, single- through multi-family, shall be 2 yards at 15 feet each.
(5) Lot size regulations.
(a) Lot area with public sewer, one or two units, shall be 9,000 square feet. Units in excess of two shall be 2,000 additional square feet per unit.
(b) Lot are without public sewer, one or two units, shall be 20,000 square feet. Units in excess of two shall be 2,000 additional square feet for each additional unit.
(6) Lot width regulation.
(a) With a public sewer, the width shall be 75 feet.
(b) Without a public sewer, the width shall be 150 feet.
(7) Lot depth regulations.
(a) With a public sewer, the depth shall be 120 feet.
(b) Without a public sewer, the depth shall be 150 feet.
(8) The lot area, width and depth regulations of this section shall not apply to lots platted prior to the adoption of this chapter. However, the lots shall not be altered in any way which would further reduce their dimensions below minimum requirements.
(F) (1) The purpose of this section is to establish general development standards to assure compatible land uses, to prevent blight and deterioration and to enhance the health safety and general welfare of the city.
(2) No cellar, basement, garage, tent or accessory building shall at anytime be used as an independent residence or dwelling unit, temporarily or permanent, except in multiple-family dwellings with additional living units located above ground.
(3) Basements may be used as living quarters or rooms as a portion of residential dwellings.
(4) Tents, playhouses or similar structures may be used for play or recreational purposes.
(5) All dwellings other than manufactured homes located in the manufactured home residence district, pursuant to § 151.23, shall be located upon a foundation that meets the requirements of the state building code.
(6) Site built dwellings and manufactured homes shall be no less than 30 feet in length and no less than 20 feet in width over the entire minimum length. All single-family dwellings, including site- built homes and manufactured homes, shall contain a ground floor living area of no less than 800 square feet and shall have exterior siding extending from within six inches of the dirt or two inches from concrete, which siding shall be of a conventional exterior dwelling type material. All dwellings shall have a pitched roof covered with shingles or tile and have eaves of not less than six inches.
(7) The architectural design, color, roof pitch or lack of it, roof overhang or lack of it and exterior material of all building and structures shall not be so dissimilar to or inconsistent with surrounding buildings and areas as to constitute a blighting influence. The Council may refuse to grant a permit for construction or location of any building in a manner as to significantly diminish neighboring
property values or otherwise impair the health, safety and welfare of the community. The Council shall also have the additional power to require appropriate screening to the extent that the screening sufficiently ameliorates deficiencies of design and construction.
(Ord. passed 4-24-78; Am. Ord. passed - -82) Penalty, see § 10.99
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