Section
153.01 Definitions
153.02 Zoning districts and general provisions
153.03 Accessory buildings and structures
153.04 Existing nonconformities
153.05 Nonconforming structures
153.06 Opting out of state statute requirements
153.07 Group housing project
153.08 Off-street loading and parking
153.09 Off-street automobile storage
153.10 Off-street parking areas for more than five vehicles
153.11 Removal of nonconforming signs and nonconforming land use
153.12 Outdoor advertising
153.13 List of permissible and conditional uses
153.14 Conditional uses
153.15 Satellite dishes
153.16 Administration
153.17 Amendments
153.18 Schedule of fees
153.19 Zoning district schedule
153.20 Solar energy systems
153.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ATTORNEY. The attorney of the City of Red Lake Falls, or his or her authorized representative.
BOARD OF ADJUSTMENT. The Board of Adjustment as authorized by the City Council.
CLUSTER SUBDIVISION. A change from the conventional pattern of subdivision development which groups housing units into relatively right units while providing a unified network of open space.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in listed zoning districts upon appeal, if CONDITIONAL USE permits are granted by the Board of Adjustment, CONDITIONAL USES, when granted, shall be considered as permitted uses and not as variances.
DWELLING, MULTIPLE-FAMILY. A residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.
DWELLING, SINGLE-FAMILY. A detached residence designed for or occupied by one family only.
DWELLING, TWO-FAMILY. A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
FAMILY. One or more persons occupying a single housekeeping unit and using common cooking facilities.
HOME OCCUPATIONS. A use of nonresidential nature conducted entirely within the dwelling or accessory building and carried on only by inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes. No article may be said or offered for sale except as may be produced on the premises by members of the immediate family residing therein. Only one unlighted sign not exceeding one square foot in area may be displayed.
(1) HOME OCCUPATION shall be limited to catering service, dressmaking, carpenter and cabinet making shop, home bakery, furniture repairing upholstery shop, real estate office, individual doctor’s consultation office and other restricted business, service or profession which, in the opinion of the Board of Adjustment are of the same general character as the uses enumerated and designed so as not to change the character of the immediate neighborhood.
(2) The following shall not be deemed to be HOME OCCUPATIONS: animal hospital; automobile repair garage; clinic; kennel; among others.
JUNK OR SALVAGE YARD. Any place where two or more motor vehicles not containing current license plates are stored in the open; and including the commercial salvaging and scavenging of any other goods, articles or merchandise not contained entirely within enclosed buildings.
LOT. For zoning purposes, as covered by this chapter, a LOT is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street provided that in no case of subdivision shall any lot or parcel be created which does not meet the requirements of this chapter.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street or a body of water if the lot has water frontage. For the purpose of determining yard requirements on corner lots and through lots (through lots are lots running from street to street), all portions of a lot adjacent to streets shall be considered FRONTAGE, and yards shall be provided as indicated under yards in this chapter.
LOT WIDTH. The distance between the side lot lines measured on the building front yard setback line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the City Administrator-Treasurer, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
MAY. Indicates permissive.
MOBILE HOME. A single-family dwelling unit suitable for year-round occupancy placed on a foundation so as to be substantially affixed to the site and connected to a water supply, waste disposal system and electrical supply similar to immobile housing. Individual MOBILE HOMES residing in a mobile park at the time of the passage of this chapter or MOBILE HOMES seeking to establish in a mobile home park in the future, shall not be required to obtain a zoning or conditional use permit.
MOBILE HOME PARK. A parcel of land which has been planned and improved for the placement of two or more mobile homes and licensed by the state. A conditional use permit shall be required for the establishment of a MOBILE HOME PARK.
OCCUPIED. Includes the words intended, designed or arranged to be used or occupied.
PARKING SPACE, OFF-STREET. An off-street parking space shall comprise not less than 180 square feet of parking stall plus necessary maneuvering space. Space for maneuvering incidental to parking or exiting shall not encroach upon any public way. Every OFF-STREET PARKING SPACE shall be assessable from a public way.
PLANNING COMMISSION. The Planning Commission of the City of Red Lake Falls.
SATELLITE DISH ANTENNA. An outside parabolic antenna used or useful for the reception of communication signals transmitted by satellite.
SHALL. To be construed as mandatory.
SIGN. Any device to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
(1) Signs not exceeding four square feet in area and bearing only property numbers, post box numbers, names of occupants or premises or other identifications of premises not having commercial connotations;
(2) Flags and insignia of any government except when displayed in connection with commercial promotion;
(3) Legal notices; identification, information or directional signs erected or required by governmental bodies;
(4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter;
(6) A temporary sign indicating real estate for rent or for sale related to the premises only on which it is located; and
(7) Political posters in accordance with applicable state laws or posters for other short term promotions which shall follow the same laws as political posters, provided that they are removed within ten days following the election for which they were intended.
SIGN, ON-SITE. An outdoor advertising device relating in its subject matter to the premises on which it is located, or to products, accommodations services or activities on the premises.
SIGN, OFF-SITE. An outdoor advertising device other than an on-site sign.
SIGNS, NUMBER AND SURFACE AREA. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to a form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where this is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, walls, fences, billboards and poster panels.
SURFACE AREA. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of SURFACE AREA.
USED. Has the same meaning as the word “occupied” as defined herein.
VARIANCE. An appeal for the relief from certain requirements of the zoning ordinance as deemed necessary by the Board of Adjustment when the strict interpretation of the ordinance would create undue hardship because of irregular lot size, topographic or other characteristics of the land. No VARIANCE shall have the effect of allowing in any district uses prohibited in that district.
YARD. A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, signs, utility poles, lawn lights, antennas and related minor equipment and trees or shrubs may be permitted in any yard provided that they do not create a traffic safety hazard.
YARD, FRONT. A yard extending between side lot lines across the front of a lot at the side nearest the street or a body of water. In any required FRONT YARD, no fence, or wall shall be permitted which materially impedes vision across such yard above the height of 30 inches, and no hedge or other vegetation on corner lots shall be permitted which materially impedes vision across the yard.
YARD, REAR. A yard extending across the rear of the lot between inner side yard lines.
YARD, SIDE. A yard extending from the rear line of the required front yard to the rear lot line.
(2009 Code, § 905.01)
(A) Zoning districts. The city is hereby divided into zoning districts as shown on the official zoning district map dated December 16, 1969 and any amendments thereto, and filed in the office of the City Administrator-Treasurer. The map and all explanatory matter thereon are hereby made a part of this chapter. Any area added to the city through annexation shall be divided into zoning districts at the time of annexation.
(1) A Multi-Family Residential (R-2) Zoning District shall be defined as two or more family units per structure.
(2) A Multi-Family Residential (R-2) Zoning District is hereby incorporated within the zoning definitions in the official Zoning District map dated December 16, 1969 and filed in the office of the City Administrator-Treasurer of the city, a Multi-Family Residential (R-2) classification together with basic provisions, minimum requirements and maximum limitations shall also be added to and become a part of Title XV-- Zoning District Schedule, on file in the Office of the City Administrator-Treasurer and is available for public copying and inspection during normal business hours.
(3) Lot size requirements in the Multi-Family Residential (R-2) District are established as follows:
(a) Minimum lot area: multi-family: 3,000 square feet per family but less than 6,000 square feet.
(b) Minimum lot width: multi-family dwelling uses: 75 feet.
(c) Minimum lot depth: 100 feet.
(d) Maximum structure height: 75 feet.
(e) Yard requirements:
1. Front yard: 30 feet.
2. Minimum side yard: 20 feet.
3. There shall be an additional side yard setback of one foot for each two feet of height over 40 feet.
4. Minimum rear yard: 25 feet.
(f) Maximum lot coverage: 40%.
(B) Compliance. No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, move, conformity with all of the regulations herein specified in Title XV--the Zoning District Schedule, a copy of which is available for copying and inspection during normal business hours, for the district in which it is located.
(C) General provisions. In each zone district each structure hereafter erected or altered shall be provided with the yards and setbacks specified, shall be on a lot of the area and width specified and shall not exceed the percent of maximum total building coverage of its lot as specified in Title XV--the Zoning District Schedule. No open space, lot off-street parking or loading space required for a building or structure shall be included as part of a lot, open space, off-street parking or loading space for another building structure unless the joint space meets all requirements of all buildings or structures for which it serves.
(D) Satellite dish antenna. No satellite dish antenna or portion thereof shall be constructed:
(1) In any front yard or within that portion of any side yard which is forward on the front line extended of any existing building upon the lot or parcel involved;
(2) Within the side yard or real yard setback requirements for accessory structures:
(3) Upon the roof of any residential dwelling for four or fewer families, private garage or other structure accessory to such residential dwelling; or
(4) To exceed the height of 35 feet or the top of the principal structure on the lot upon which it is located, whichever is less. Wiring between the satellite dish antenna and a receiver shall be placed at least eight inches beneath the surface of the ground. Satellite dish antennas shall be bonded to a grounding rod and shall be designed to withstand a wind force as required by the Building Code, being Minnesota Rules, part 1300, as it may be amended from time to time. Satellite dish antennas which are mounted on the roof of a building or structure must be approved by registered engineer or architect.
(E) No residential dwelling shall be constructed that is less than 20 feet wide, or less than 20 or a total square footage of less than 800 square feet. Any building less than dimensions specified shall require a variance.
(2009 Code, § 905.02)
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