Loading...
Where the conditions imposed by any provision of the Zoning Code 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.
(Ord. 395, passed 7-6-2010)
No structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the Zoning Code.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
When land is proposed to be annexed to the city, the Planning Commission shall hold a public hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the Council. In the event that annexation proceedings become final before the permanent zoning is determined, the annexed area shall be placed in the R-4 district and such classification shall be considered as an interim step pending permanent classification.
(Ord. 395, passed 7-6-2010)
Any structure or use lawfully existing on the effective date of the Zoning Code may be continued at the size and in a manner of operation existing upon such date subject to the following regulations:
(A) Safe condition. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the city.
(B) Change to conforming use. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non- conforming use.
(C) Damaged structure. When any lawful non-conforming use of any structure or land in any district is damaged by wind, fire, flood, explosion, earthquake, war, riot or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no building permit has been applied for within one hundred eighty (180) days of the date of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The Zoning Administrator shall be responsible for making the determination whether a non-conforming use of any structure or land has been destroyed greater than fifty percent (50%) of it assessed market value at the time of the destruction. In making this determination, the Zoning Administrator shall consider the assessed market value of the entire non-conforming use. This determination shall be reviewed and approved by the City Administrator. In the event that a building permit is applied for within one hundred eighty (180) days of the date of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties.
(D) Discontinuance of use. Whenever a lawful, non-conforming use of a building, structure, or land is discontinued for a period of six (6) months, any future use of said building, structure, or land shall be in conformity with the provisions of the Zoning Code.
(E) Maintenance. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
(F) Change of use. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity. The Planning Commission and City Council shall determine if the proposed use is appropriate, provided that they find the proposed use lessens the non-conformity. In permitting such change, the City Council may impose conditions and safeguards consistent with the purpose and intent of the Zoning Code.
(G) Alterations. Alterations may be made to a structure or building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
A lot or parcel of land for which a deed has been recorded in the office of the Kanabec County Recorder upon, or prior to the effective date of the Zoning Code 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) A lot or parcel of land which is in an R district and which does not meet the requirements of the Zoning Code as to area, width, or other open space and adjacent land is not available to extend the lot to meet zoning requirements, may be utilized for single-family detached dwelling purposes provided the measurements of such area, width or open space are within sixty percent (60%) of the requirements of the Zoning Code; but said lot or parcel shall not be more intensively developed without a variance.
(B) One (1) building per lot. In all residential districts except R-3 there shall be no more than one (1) principal building per lot. (See also § 150.011(B))
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
(A) Floor area restrictions. No accessory building shall exceed one thousand (1,000) square feet or the total square footage of floor area of the principal structure, whichever is less, on a lot up to twenty thousand (20,000) square feet in size. If the lot is over twenty thousand (20,000) square feet, you can add five percent (5%) of the lot area over twenty thousand (20,000) square feet to the garage, up to a maximum of one thousand six hundred (1,600) square feet. This applies to all R-1 and R-4 districts. The maximum allowable lot coverage of all structures shall be thirty-three percent (33%). Attached garages are limited to one thousand (1,000) square feet. Plans and specifications for accessory buildings in all districts must be submitted and approved by the Building Official.
(B) Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(C) Height restrictions. No accessory building shall exceed the height of the principal building. However, in no case, shall such accessory building exceed fifteen (15) feet in height.
(D) Proximity to principal building. An accessory building shall be considered to be an integral part of the principal building unless it is six (6) feet or more from the principal building.
(E) Appearance. An accessory building having a floor area greater than one hundred forty-four (144) square feet shall match and generally be constructed of the same exterior materials as the principal building in the lot.
(F) One (1) accessory building per principal structure. Only one (1) accessory building shall be allowed per principal structure in the R districts in addition to one (1) utility/storage building per lot. (See also § 150.064.)
(G) Fish houses. Storage of no more than two (2) licensed fish houses shall be allowed per principal structure in the R districts in addition to those structures allowed by § 150.011 (F).
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
(A) Reduction prohibited. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by the Zoning Code, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.
(B) Application to only one dwelling or group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.
(C) Non-encroachments. The following shall not be considered to be encroachments on yard and setback requirements.
(1) Chimneys, flues, fire escapes, bays, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not extend more than one and one-half (1-1/2) feet into a yard.
(2) Fences. No fence or wall shall be erected, enlarged, expanded, altered, relocated, maintained or repaired in any yard, unless it meets the requirements of this section.
(a) Permit required.
1. No permanent fence or wall shall be erected or altered in any yard without a fence permit. For the purposes of this section a PERMANENT FENCE is defined as any permanent partition or structure erected as a dividing marker, barrier or enclosure encircling either wholly or any portion of a parcel or grouping of parcels and either wholly or partially located in the required setback area. Permanent fences may also be referred to as perimeter fences or boundary fences. Permanent fences located within a parcel and entirely outside of the required setback area do not require a fence permit. This may include, but is not limited to, fences installed around gardens or kennels. However, if any portion of the fence is located in the required setback area, a fence permit is required. Private swimming pools, as defined by § 150.290, must be installed in accordance with §§ 150.291 -150.294, including the installation of a safety fence. The safety fence shall be reviewed as part of the required building permit and shall not require the issuance of a fence permit. Temporary fences do not require a fence permit. For the purposes of this section a temporary fence is defined as one which has no footings and is easily removable, and may include, but are not limited to, barricade fences or fences placed around construction sites. Unless otherwise authorized by the Zoning Administrator, temporary fences may not be installed for a period of more than 90 days. Temporary fences are subject to divisions (b) through (f) below.
2. Application shall be made to the city along with a fee for fence permit according to the city's adopted fee schedule.
3. A site plan shall be submitted with the permit application. The site plan shall be drawn to scale and include lot dimensions, location of existing structures, location of the proposed fence or wall, height(s) of the proposed fence or wall, and setback(s) of the proposed fence or wall from adjacent property boundaries.
4. A footing inspection is required after all postholes are dug and before posts are installed. All property irons adjacent to the fence or wall are to be shown and visible to the inspector at the time of the footing inspection.
5. Locating property irons is the property owner's responsibility. The irons can be found by using a certificate of survey and a metal detector or by utilizing the services of a registered land surveyor to locate the irons or replace missing irons.
6. A final inspection may be required upon completion of the fence or wall installation at the inspector's discretion.
(b) Construction.
1. No residential fence or wall shall be constructed of any electrically charged element, unless located underground (for example, invisible or underground pet fencing), or barbed wire. Areas utilized for agricultural purposes (for example, pasture or cropland) shall be exempt from this section.
2. No commercial or industrial fence or wall shall be constructed of any electrically charged element except that barbed wire or similar security fencing may be used above a height of six and one-half feet when incorporated with a fence or wall which has been issued a building permit.
3. No permanent fence or wall shall be constructed or temporary fence installed without first verifying the location of all public utilities. Arranging utility locates through Gopher State One Call is the property owner's responsibility.
(c) Material.
1. All permanent fences shall be constructed of either stone, brick, finished wood, durable vinyl or other durable plastic materials, ornamental non-corrosive aluminum or iron, or chain link.
2. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets.
3. Materials such as chicken wire, straight wire fencing, tarps, snow fence, or materials originally intended for other purposes, unless prior approval is granted by the Zoning Administrator, will not be allowed, except that snow fence will be allowed as a temporary fence when used exclusively for snow-related purposes.
(d) Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element, including slats in slatted chain link fences, of any fence or wall shall be repaired or replaced immediately.
(e) Height.
1. Side or rear yards. No fence or wall located in a side or rear yard shall be of a height exceeding six feet in residential districts or eight feet in commercial and industrial districts, measured from its top edge to the ground at any point, except as required by any landscaping or screening requirements of this chapter or upon approval of a variance by the City Council.
2. Front yards. No fence or wall located in a front yard shall be of a height exceeding four feet, measured from its top edge to the ground at any point, except as required by any landscaping or screening requirements of this chapter.
3. Any fence exceeding six feet in height shall require a building permit.
4. Fences used as backstops for municipal/institutional athletic fields shall be exempt from the height requirements in this chapter provided a building permit is issued.
(f) Setbacks.
1. A fence shall be set back at least two feet from the property line or, upon mutual consent in writing from the neighboring property owner(s), may be placed on the property line. Proof of consent shall be provided to the city at the time of permit application. A fence may connect to a neighboring fence upon consent from the neighboring property owner. Proof of consent shall be provided to the city at the time of permit application.
2. No fence, wall, hedge or other screening device shall be permitted to encroach on any public right-of-way.
3. A fence located adjacent to a public alley shall be set back a minimum of three feet from the property line.
4. No fence or wall exceeding 36 inches in height above the center line grade of the street shall be permitted within 25 feet of any street corner formed by the intersection of the property lines.
5. Fences may be constructed within an unimproved drainage or utility easement, though future work within the easement may result in the removal of the fence at the owner's expense. No fence shall be located in an improved drainage or utility easement (pond, utility pipe, etc.), unless prior written approval is granted by the City Administrator/Public Utilities General Manager or his/her designee.
6. No fence shall obstruct the flow of water nor divert water onto a neighboring property.
7. The property owner is responsible for locating property lines and easements and placing the fence in accordance with all applicable setbacks.
(3) Trees, shrubs, plants, terraces, steps, stoops, or similar uncovered structures which do not extend above the height of the main floor level of the principal structure and do not exceed to a distance of less than four (4) feet from any lot line. Yard lights or security lights or other sources of light provided the direct source of light does not shine on or adversely affect the adjacent residential properties.
(Ord. 395, passed 7-6-2010; Am. Ord. 465, passed 2-18-2020)
Penalty, see § 150.999
No fences, structures or plantings exceeding thirty-six (36) inches in height above the center line grade of the street shall be permitted within twenty-five (25) feet of any street corner formed by the intersection of the property lines.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
Loading...