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(A) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair or maintenance, but if the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The use of land, if changed from a nonconforming use, shall be in conformity or close to conformity with the provisions of the specific district. A nonconforming use of land shall not be increased in land area.
(B) (1) A lawful nonconforming use of a structure existing at the date of enactment of this chapter may be continued, and the use may be extended throughout the building or sold, rented or leased to another individual, individuals, firm or corporation provided no structural alterations, except those required by law, and no additions or enlargements are made to the buildings.
(2) Exceptions:
(a) Alterations may be made to a residential building containing nonconforming residential units when alterations will improve livability of the unit provided the number of dwelling units is not increased.
(b) Nothing in this chapter shall prevent the strengthening of restoration of a wall or structural member in a nonconforming building when the action is taken pursuant to a building permit.
(C) The provisions of this section shall apply to any use that may become nonconforming due to a change in the classification of the district in which it is located as a result of rezoning from the effective date of the chapter making the change.
(Ord. passed 4-24-78) Penalty, see § 10.99
(A) Business signs on the premises of a nonconforming building or use may be continued, but signs shall not be increased in number, area, height or illumination.
(B) No sign erected before the passage of this chapter shall be rebuilt, altered or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter.
(C) All signs hereafter erected or maintained, except official, public and street signs, shall conform with the provisions of this section and other ordinances or regulations of the city.
(D) (1) Private signs shall not be permitted within the public rights-of-way or easements.
(2) Flashing or rotating signs resembling emergency vehicles shall not be permitted.
(3) No sign shall be used that resembles any official marker erected by a government agency or displaying words, such as “stop” or “danger.”
(4) No sign shall be permitted to obstruct any door, fire escape, stairway or opening intended to provide access to any building or structure.
(5) Upon notification by the City Council or Zoning Administrator that a sign is rotted, unsafe or unsightly, the owner of the sign or owner of property thereunder shall remove or repair the sign.
(6) The owner, lessee or manager of any property on which a ground sign is located is responsible for keeping grass, weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which the sign is located.
(7) All non-commercial signs of any size may be posted from August 1 in a state general election year until ten days following the state general election.
(Ord. passed 4-24-78) Penalty, see § 10.99
(A) Parking in the C-B district is exempt from all off-street parking and loading requirements.
(B) The required parking and loading spaces shall be provided on the premises of each use. Each parking space shall contain a minimum area of not less than 300 square feet, including access drives of a width of not less than nine feet. The minimum number of required off-street parking spaces for various uses shall be as follows:
(1) One- to four-family dwellings shall have one parking space per unit. No garage shall be converted into living space, unless other acceptable on-site parking space is provided;
(2) Apartments shall have 1½ parking spaces for each apartment, except housing for the elderly, which shall provide three parking spaces for each dwelling unit;
(3) Motels, hotels and boarding houses shall have one parking space for each rental room or suite;
(4) Manufactured home parks shall have one parking space per manufactured home berth;
(5) Churches shall have one parking space for each four seats, based on the design capacity of the main seating area;
(6) Schools shall have one parking space for each ten students in the senior high school;
(7) Public administration and public service buildings shall have one parking space for each 500 square feet of floor area in the principal structure;
(8) Assembly halls, armories, auditoriums, theaters or sports arenas shall have one parking space for every four seats, based upon design capacity;
(9) Golf courses, club houses, tennis courts and public swimming areas shall have 20 spaces per facility. One facility will include one golf course, one club house, one swimming area and five tennis courts or courts of similar nature;
(10) Automobile service stations shall have B-2 parking spaces, plus one parking space for each service stall. The parking space shall be in addition to gas pump service area;
(11) Drive-in restaurants shall have 15 parking spaces or one space for each 20 square feet of floor area, whichever is greater;
(12) Restaurants, cafes, night clubs, taverns or bars shall have one parking space for each 100 square feet of floor area;
(13) Bowling alleys shall have five parking spaces for each bowling lane;
(14) Professional offices, office buildings, medical and dental clinics and animal hospitals shall have one parking space for each 500 square feet of floor area;
(15) Retail stores and service establishments shall have one parking space for each 100 square feet of floor area;
(16) Auto sales, trailer sales, marine and boat sales, implement sales, building material sales and auto repairs shall have one parking space for each 500 feet of floor area;
(17) Shopping centers, where several businesses are grouped together according to a general development plan, on-site automobile parking shall be provided in a ratio of not less than three square feet of parking for each one square foot gross floor area;
(18) Storage, wholesale or manufacturing and processing plants or warehouse establishments shall have one parking space for each two employees on the major shift or one space for each 2,000 square feet of floor area, whichever is greater, plus one space for each motor company vehicle when customarily kept on the premises.
(C) Off-street loading design and maintenance.
(1) Location. All required loading or unloading into or out of trucks in excess of 3/4-ton capacity or railroad cars, shall be conducted at facilities specifically designed or designated for that purpose. These facilities shall be located upon the zoning lot of the principal use requiring them. These facilities shall not be counted as part of the area used for off-street parking.
(2) Access. Each required off-street loading berth shall be so designated as to avoid undue interference with other vehicular or rail access or use of public streets, alleys or other public transport system.
(3) Design. Truck berths shall be 50 feet in length, 12 feet in width and 15 feet in height.
(4) Uses. The following uses shall observe required loading and unloading spaces:
(a) Motels, hotels, lodging and rooming houses, private clubs and lodges shall have one for each structure over 20,000 square feet in gross floor area;
(b) Commercial uses, except where otherwise specified, shall have one space for the first 10,000 square feet of gross floor area and one space for each additional 50,000 square feet of gross floor area;
(c) Auditoriums, stadiums, community centers, religious institutions and schools, private and public, shall have one for each structure over 100,000 square feet of gross floor area;
(d) Office buildings and professional offices shall have one space for buildings between 30,000 and 100,000 square feet of gross floor area;
(e) Restaurants and other food dispensing establishments shall have one for each structure with over 10,000 square feet of gross floor area;
(f) Furniture, automobile, boat sales and bowling alleys shall have one space for each structure over 20,000 square feet in gross floor area.
(Ord. passed 4-24-78)
ADMINISTRATION AND ENFORCEMENT
(A) Permitted uses. Conditional use permits may be issued for any of the following:
(1) Any of the uses or purposes for which the permits are required or permitted by the provisions of this chapter;
(2) Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare; and
(3) To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: library, community center, church, hospital, fairgrounds, any institution of any education, philanthropic or charitable nature, cemetery, mausoleum or any other place for the disposal of the human dead.
(B) Application. Application for the issuance of a conditional use permit shall be made to the Planning Commission. Any proceed to classify certain uses as conforming, as provided in this section, may be initiated either by application or by the City Council or by the Planning Commission. The Planning Commission may hold hearings on the proposal to issue a conditional use permit as it may consider necessary, but at least one public hearing shall be held on any application for a conditional use permit for the establishment of any use. The Planning Commission shall make a report to the Council upon any application for conditional permit and recommend to the Council whatever action it deems advisable, but it shall not recommend the granting of a permit unless it finds that the establishment, maintenance or conducting of the use for which a use permit is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of the persons residing or working the neighborhood. The City Council may designate conditions and require guarantees in the granting of use permits in the manner provided in §
(C) Conformance. Any use permitted under the terms of a conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith.
(Ord. passed 4-24-78)
(A) General. Except as hereinafter provided, no person, firm or corporation shall construct, erect, alter, wreck or move any building or structure or part of, or erect, alter or move any sewage system within the corporate limits of the city without first securing a zoning permit from the city. It shall not be necessary to secure a zoning permit in order to alter or repair or otherwise change the interior or exterior of any building provided the proposed alteration, repair or change will not affect the exterior dimension of the building or change the existing use and occupancy thereof.
(B) Application. Application for a zoning permit shall be made to the Zoning Administrator on blank forms to be furnished by the city. Each application for a permit to construct or alter a building or sewage system shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon, the size and location of the building and accessory buildings to be erected. Applications shall contain other information as may be deemed necessary for the proper enforcement of this chapter or any other ordinance. No residential building contractor, residential remodeler, or other person who is required to be licensed by the state under the provisions of M.S. §§ 326.83 to 326.991, as they may be amended from time to time, and no person employing a residential contractor, who is required to be licensed, shall be issued a zoning or land use permit unless that contractor is licensed. Any person applying for a permit who is required to have a state license but who does not have a state license shall be reported to the State Commissioner of Commerce who may begin an action against the person.
(C) Fees. The fee for a zoning permit shall be determined by the Menahga City Council.
(D) Issuance. The Zoning Administrator shall determine that the building plans together with the application comply with all the terms of this chapter, in which event, he or she shall execute a certificate of approval and file the same with the City Clerk/Treasurer/Administrator. Upon the filling of the certificate and payment by the applicant of the permit fee established by the City Council, the City Clerk/ Treasurer/Administrator shall issue the zoning permit.
(E) Certificate of zoning compliance.
(1) A certificate of zoning compliance shall be obtained before any building hereafter erected or structurally altered is occupied or the use of any building is altered or sewage system is covered.
(2) Application for a certificate of zoning compliance for a new building or for existing building which is to be altered shall be made to the Zoning Administrator as part of the application for a zoning permit as required in § 151.50(B).
(3) Every certificate of zoning compliance shall state that the building or proposed use of a building or land complies with all provisions of law and this chapter. A record of all certificates of zoning compliance shall be kept on file in the Office of the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. passed 4-24-78)
The Zoning Administrator who shall be the City Clerk/Treasurer/Administrator is hereby authorized and directed to enforce all the provisions of this chapter. He or she may delegate the enforcement of this chapter to any administrative official of the city and supporting staff deemed necessary who shall be directly under the control of the City Council and shall be known as the Zoning Administrator and shall perform the following duties:
(A) Examine all applications pertaining to use of land, buildings or structures and approve same when the application conforms with the provisions of this chapter;
(B) Keep a record of all nonconforming uses;
(C) Periodically inspect buildings, structures and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the Zoning Administrator may require the services of a testing laboratory to determine compliance. The cost of employing the laboratory shall be paid for by the owner if a violation of this chapter is established otherwise by the city;
(D) Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature and ordering the action necessary to correct it;
(E) Order discontinuance of illegal use of land, buildings or structures, additions or alterations, order discontinuance of illegal work being done, or take any action authorized by this chapter to insure compliance with or to prevent violation of its provisions;
(F) Maintain permanent and current records of this chapter, as provided in § 151.04(B), including all maps, amendments, conditional uses and variations;
(G) Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance or removal for the time as necessary to insure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary of tenancy interest in any specific property; and
(H) Provide technical assistance to the City Council and Planning Commission.
(Ord. passed 4-24-78)
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