(A) Non-conforming buildings, structures and uses.
(1) It is the purpose of this section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. This chapter establishes separate districts, each of which is an appropriate area for the location of uses that are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity.
(2) Any non-conforming structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon that date except as hereinafter specified or, subsequently amended.
(3) Nothing in this chapter shall prevent the placing of a nonconforming structure in safe condition when the structure is declared unsafe by the Zoning Official providing the necessary repairs shall not constitute more than 50% of fair market value of the structure. The value shall be determined by the County Assessor.
(4) No non-conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless the movement shall bring the nonconformance into compliance with the requirements of this chapter.
(5) When any lawful non-conforming use or 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.
(6) A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure of parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
(7) If at any time a nonconforming building, structure or use shall be destroyed to the extent of more than 50% of its fair market value, the value to be determined by the County Assessor, then without further action by the Council, the building and the land on which the building was located or maintained shall, from and after the date of the destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and building are located. Any building, which is damaged to an extent of less than 50% of its value, may be restored to its former extent. The Zoning Official shall make estimates of the extent of damage or destruction.
(8) Whenever a lawful non-conforming use of a structure of land is discontinued for a period of 6 months, following written notice from an authorized agent of the city, any future use of the structure or land shall be made to conform to the provisions of this chapter.
(9) Normal maintenance of a building or other structure containing or related to lawful repairs and incidental alterations which do not physically extend or intensify the non-conforming use.
(10) Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building.
(11) Any proposed structure which will, under this chapter, become non-conforming but for which a zoning permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within 2 years. The structure and use shall thereafter be a legally nonconforming structure and use.
(B) Dwelling unit restriction.
(1) Except in cases of emergency, as established by the City Council, no garage or accessory building shall at any time be used as a dwelling unit, temporarily or permanently.
(2) Basements and cellars may be used as living quarters or rooms as a portion of residential dwellings, provided they meet the applicable safety provision.
(C) Platted and unplatted property.
(1) Any person desiring to improve property shall submit to the Zoning Official a sketch of the premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to city ordinances.
(2) All buildings shall be so placed so that they will not obstruct future streets that may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
(3) A lot of record existing upon the effective date of this chapter in a B-1 or I-1 District, which does not meet the requirements of this chapter as to area or width may be utilized as allowed, provided the measurements of the area and width are within 75% of the requirements of this chapter.
(4) A lot of record existing upon the effective date of this chapter in a residential district, which does not meet the requirements of this chapter as to area or width may be utilized for single-family detached dwelling purpose provided and measurements of the area or width are 60% of the requirements of this chapter.
(5) On a through lot (a lot fronting on 2 parallel streets), or corner lot, both street lines shall be front lot lines for applying the yard and parking regulations of this chapter.
(D) Accessory buildings, uses and equipment.
(1) An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway.
(2) No accessory buildings shall be erected or located within any required yard other than the rear yard and side yard. In residential districts (R-1, R-2, and R-3), an accessory building may not be built in front of the rear extension of the primary dwelling plus 10 feet, except as allowed in division (4) below.
(3) Accessory buildings and garages shall not exceed 20 feet in height and shall be 5 feet or more from all lot lines of adjoining lots, except as noted in divisions (4) through (7) below; and shall be 6 feet or more from any other building or structure on the same lot and shall not be located within a utility easement.
(4) A detached garage may be built in the side yard of the primary dwelling provided:
(a) That it is of a minimum size of 12 feet by 20 feet with a maximum garage door height of 9 feet;
(b) That it may not have a side wall height that is greater than 11 feet.
(c) No pole frame construction is allowed.
(5) All accessory buildings 240 square feet and over must have exterior finish materials and colors which conform to the exterior finishes of the primary dwelling.
(6) Setback requirements.
(a) Side yard. Garages built in the side yard shall be set back 10% of the lot width with a maximum setback of 10 feet and shall be no closer to the lot line than to the primary dwelling.
(b) Rear yard. Accessory buildings built in the rear yard shall be set back 5 feet from the side lot line and 5 feet from the rear lot line.
(7) All accessory buildings shall be of wood frame construction except as noted in division (a) below. A structure whose primary purpose was for some other use may not be placed on a lot for use as a storage unit, garage, house, or other purpose. Examples would include, but are not limited to: shipping containers, grain bins, and the like.
(a) Temporary storage/shelter buildings such as hoop-type sheds made from canvas, metal or other materials, will require a 30 day temporary permit. Said structures must be located within the rear yard within 30 feet of the rear property line.
(b) No pole frame construction is allowed.
(8) No accessory building or garage accessory to single family residence shall occupy more than 25% of a rear yard. Total square footage of all accessory buildings on a property must not exceed 1,500 square feet.
(9) Accessory building less than 80 square feet and decks less than 50 square feet do not require a zoning permit.
(E) Drainage plans.
(1) In the case of all multi-family, business and industrial developments, the drainage plans shall be submitted to the Zoning Official for his or her review and the final drainage plan shall be subject to approval of the Planning Commission.
(2) In addition, the following criteria shall be followed for all proposed building sites:
(a) Provide proper drainage and control of water runoff both on the property of the proposed building and on adjoining property;
(b) Provide proper measures to control erosion during and after construction. Erosion control measures may include, but are not limited to landscaping and seeding of topsoil;
(c) Evaluate the stability of slopes on and adjacent to construction sites. Construction will be allowed if evaluation indicates that slope stability is not a problem or that problems can be controlled by proper design and construction; and
(d) Evaluate soil type and condition on and adjacent to construction sites. Construction will be allowed if soil type and condition is suitable for the proposed action.
(F) Performance standards.
(1) Purpose.
(a) The performance standards established in this section are designed to encourage high quality development by providing assurance that neighboring land uses will be compatible.
(b) The performance standards are also designed to prevent and eliminate those conditions that cause blight. All future development in the city shall be required to meet these standards.
(c) The standards shall also apply to existing development where so stated. The Zoning Official shall be responsible for enforcing these standards and may require the submission of information showing compliance or non-compliance with the standards.
(2) General provisions.
(a) Before any zoning permit is approved, the Zoning Official shall determine whether the proposed use is likely to conform to the performance standards.
(b) The developer shall supply additional data about the proposed use (such as equipment to be used, hours of operation, method of refuse disposal, type and location of exterior storage and the like), where required to do so by the Zoning Official.
(c) It may occasionally be necessary for a developer or business to employ specialized consultants to demonstrate that a given use will conform with the performance standards.
(3) General fencing, screening and landscaping.
(a) No fence shall exceed 8 feet in height and in the case of grade separation such as the division of properties by a retaining wall the height shall be determined on the basis of measurement from the average point between the highest and lowest grade.
(b) No fence, other than a chain link fence, or structures or trees or shrubs of more than 36 inches in height shall be permitted within 20 feet of any street corner formed by the intersection of street property or right-of-way lines. The 20 feet referred to above shall be in the form of a triangle with 2 sides formed by the property lines and the third side connecting the 2 sides. No chain link fence of more than 48 inches shall be permitted within this 20 foot triangle.
(c) In all zoning districts the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, building site and/or other requirements shall be planted and maintained in grass, sod, shrubs or other acceptable vegetation or treatment generally used in landscaping. Fences or trees placed upon utility easements are subject to removal if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed 10 feet in height.
(4) Required fencing, screening and landscaping. The fencing and screening required by this chapter shall be subject to this division (F) performance standards and shall consist of either a fence or a green belt planting strip.
(a) A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. The planting strips shall not be less than 8 feet in height. Mounding or berms may be used but shall not be used to achieve more than 3 feet or the required screen. The planting plan and type of shrub shall require the approval of the City Zoning Official.
(b) A required screening fence shall be constructed of masonry, brick, wood or steel. The fence shall provide a solid screening effect and not exceed 8 feet in height or be less than 6 feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning Commission based upon a recommendation by the City Zoning Official.
(c) Where any business or industrial use (i.e., structure, parking or storage) abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Zoning Official).
(5) Glare. Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property.
(6) Smoke, dust, fumes, odors or gases. The emission of smoke, dust, fumes, odors or gases shall meet the minimum requirements of the State of Minnesota Pollution Control Agency.
(7) Noise. No undue noise shall result from the operation of a use, excluding traffic, loading, parking, constructions farming or maintenance operations.
(8) Refuse. Motor vehicles not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of 30 days, and all materials stored outside in violation of this chapter are considered refuse or junk and shall be disposed of. No junk yard, as defined in § 152.02 above, may continue as a nonconforming use for more than 3 months after the effective date of this chapter, except that a junk yard may continue as a non-conforming use if within that period it is completely enclosed within a building, fence, screen planting or device of a height so as to screen completely the junk yard. Plans of a like building or device shall be approved by the City Planning Commission and City Council before it is erected or put into place. The piling of junk in yards in all residential districts shall be considered to be a non-conforming use.
(a) Clothes line pole and wires;
(b) Recreational equipment;
(c) Construction and landscaping material currently being used on the premises; and
(d) Off-street parking of passenger vehicles and trucks as per § 71.51.
(10) Vibration. Periodic, earth-shaking vibrations created by or resulting from any use shall be substantially controlled, so as not to be perceptible beyond the property boundaries upon which the use is located, excluding vibrations created during the process of construction.
(11) Toxic or noxious matter. No use shall discharge into the air, water or soil, any toxic or noxious matter. All sewage and industrial wastes shall be treated and disposed of in a manner so as to comply with Minnesota State Department of Health standards and requirements.
(12) Hazardous materials. Any use established, enlarged or remodeled after the effective date of this chapter, requiring the storage, utilization or manufacturing of hazardous products shall be located no less than 500 feet from any residence or public meeting place.
(G) Yard requirements.
(1) This division identifies minimum yard spaces and areas to be provided for in each zoning district.
(2) No lot, yard or other open space shall be reduced in area or dimension so as to make the lot, yard or open space less than the minimum required by this chapter, and if the existing yard or other open space as existing is less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as a part of any open space required for another structure.
(3) All setback distances, as listed in the table below, shall be measures from the appropriate lot line or public right-of-way to the principal use or structure.
District | Front Yard | Side Yard | Rear Yard |
District | Front Yard | Side Yard | Rear Yard |
A-O | 50 | 30 | 50 |
R-1 | 30 ii | 10% i | 30 |
R-2 | 30 ii | 10% i | 30 |
R-3 | 30 ii | 10% i | 30 |
R-M | 30 | 30 | 30 |
B-1 | 40 ii | 10 iii | 10 iii |
B-2 | 0 i | 0 i iii | 0 i iii |
I-1 | 40 | 25 iii | 40 i |
i | In the R-1, R-2 and R-3 Districts, each required side yard shall be no less than 10% of the lot width, with and absolute minimum of 5 feet for 1-family, 2-family or multi-family residences and a maximum required side yard of 10 feet for 1-family or 2-family residents only: in B-2 District the minimum required yards for a residence shall be as follows: 15 feet for front yard, 5 feet for side yard and 20 feet for rear yard; and in the I-1 District, no buildings shall be located within 75 feet of an abutting residential district. |
ii | Where 25% or more of the lots in a block are built upon, and where adjacent structures within same block have front yard setbacks different than those required, the front yard minimum setback shall average of the structures. If there is only 1 adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. |
iii | Not less than 30 feet from lot line, if abutting a residential district. |
(4) The following shall not be considered as encroachments on yard setback requirements:
(a) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like provided they do not project more than 2 feet into a yard;
(b) Terraces, steps, uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than 2 feet from any lot line;
(c) In rear yards: recreational and laundry drying equipment, arbors and trellises balconies breezeways, open porches, detached outdoor living rooms, garages and air conditioning or heating equipment; and
(d) In side yards: air conditioning or heating equipment.
(5) The side yard of a corner lot along the side street lot line shall have a setback of not less than the required setback of the front yard of the other lot fronting the side street.
(H) Area and building size regulations.
(1) This division identifies minimum area and building size requirements to provide for in each zoning district as listed in the table below.
District | Lot Area | Lot Width | Building Height |
District | Lot Area | Lot Width | Building Height |
A-O | 1 acre | 200 | 2-1/2 |
R-1 | 12,000 i | 100 i | 2-1/2 |
R-2 | 9,600 i | 80 i | 3 |
R-3 | 7,500 | 65 i | 2-1/2 |
R-M | 48,000 | 200 | 1 |
B-1 | 10,000ii | 90 ii | 3 |
B-2 | 2,000 iii | 20 iii | 3 |
I-1 | None; maximum lot coverage of 75% | 150 ii | 4 |
i Lot area; R-1 District; 2-family residence | 12,500 square feet |
Lot; R-2 and R-3 Districts; 2-family and multi-family residences | 10,000 square feet for a 2-family dwelling plus 1,500 square feet for each additional dwelling unit |
Lot width; R-1 Districts; 2-family residence | 125 feet |
Lot width; R-2 and R-3 Districts; 2-family and multi-family residences | 100 feet |
ii A lot of record existing upon the effective date of this chapter in a B-1 District, which does not meet the requirements of this chapter as to area or width may be utilized as allowed, provided the measurements of the area and width are within 75% of the requirements listed in the above table | |
A lot of record existing upon the effective date of this chapter in an I-1 District, which does not meet the requirements of this chapter as to width may be utilized as allowed, provided the measurements of the width are within 75% of the requirements listed in the above table | |
iii Lot area requirement for residence in B-2 District | 7,000 square feet |
Lot width requirement for residence in B-2 District | 50 feet |
(2) Where sanitary sewer is not available, the minimum lot size shall be not less than 1/2 acre, with a minimum lot width of not less than 150 feet.
(3) No dwelling unit other than single-family shall be allowed without public sanitary sewer and water.
(4) The building height limits established herein for districts shall not apply to the following:
(a) Belfries;
(b) Chimneys or flues;
(c) Church spires;
(d) Cooling towers;
(e) Cupolas and domes which do not contain useable space;
(f) Flag poles;
(g) Parapet walls extending not more than 3 feet above the limiting height of the building;
(h) Monuments;
(i) Water towers;
(j ) Poles, towers and other structures for essential services;
(k) Necessary mechanical and electrical appurtenances;
(l) Television and radio antennas and solar energy systems not exceeding 20 feet above roof;
(m) Farm structures; or
(n) Wind energy systems.
(5) No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than 25% of the area of the roof nor exceed 10 feet unless otherwise noted.
(6) Minimum floor area per dwelling unit:
(a) One- and 2-family dwellings and townhouses. The minimum floor area for this type buildings shall not be less than 1,000 square feet in the R-1 Residential District; and
(b) One-family, 2-family and multiple-family dwellings and townhouses. The minimum floor area for these buildings shall not be less than 900 square feet in the R-2 Residential District.
(7) Minimum width per dwelling:
(a) The minimum width for dwellings in the R-1 and R-2 Residential Districts and B-1 and B-2 Business Districts shall not be less than 20 feet;
(b) The minimum width for dwellings in the R-3 Residential District shall not be less than 14 feet; and
(c) For purposes of this subdivision,
WIDTH is hereby defined as the narrowest dimension of a dwelling.
(I) Off-street parking requirements.
(1) Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures.
(2) Application of off-street parking regulations.
(a) The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the city.
(b) The parking area shall be provided with vehicular access to a street, alley or roadway and shall be required with the use and shall not be reduced or encroached upon in any manner.
(3) Site plan drawing necessary. All applications for a zoning permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this section.
(4) General provisions.
(a) Floor area. The term FLOOR AREA for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus 10%.
(b) Reduction of existing off-street parking space or lot area. Parking spaces existing upon the effective date of this chapter shall not be reduced in number or size unless the number or size exceeds the requirements set forth herein for a similar new use.
(c) Non-conforming structures. Should a non-conforming structure or use be damaged or destroyed by fire, it may be re-established if elsewhere permitted in these zoning regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained.
(d) Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, parking spaces or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls or parking requirements below the minimum prescribed by these zoning regulations.
(e) Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking areas shall not be permitted until there is furnished additional parking spaces as required by these zoning regulations.
(f) Trucks and recreational vehicles. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles or trucks pursuant to § 71.51; or recreational vehicles and equipment.
(g) Calculating space.
1. When determining the number of off-street parking spaces results in a fraction, each fraction of 1/2 or more shall constitute another space.
2. Should a structure contain 2 or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required.
(h) Stall, aisle and driveway design.
1. Each parking space shall be not less than 9 feet wide and 20 feet in length exclusive of access aisles, and each space shall be served adequately by access aisles.
2. The off-street parking requirements may be furnished by providing a space so designed within the principal building or 1 structure attached thereto; however, unless provisions are made, no zoning permit shall be issued to convert the parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter.
3. Except in the case of single, 2-family and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single, 2-family and townhouse dwellings, parking area design, which requires backing into the public street, is prohibited.
4. In the case of lots less than 80 feet in width, the required parking spaces serving 1 and 2-family dwellings may be designed for parking not more than 2 vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this chapter.
5. No curb cut access shall be located less than 40 feet from the intersection of 2 or more street rights-of-way. This distance shall be measured from the intersection of curb lines.
6. No curb cut access shall exceed 36 feet in width.
7. Curb cut openings shall be at minimum 3 feet from the side yard property line.
8. Driveway access curb openings on a public street except for single, 2-family and townhouse dwellings shall not be located less than 40 feet from one another.
9. The grade elevation of any parking area shall not exceed 5%.
10. Each property shall be allowed 1 curb cut access for each 100 feet of street frontage. All property shall be entitled to at least 1 curb cut. Single-family uses shall be limited to 1 curb cut access per street frontage.
11. All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Plans for surfacing and drainage and stalls for 5 or more vehicles shall be submitted to the City Zoning Official for his or her review and the final drainage plan shall be subject to his or her written approval. These requirements shall also apply to open sales lots for cars, trucks and other vehicles. This section shall not apply to 1 and 2-family dwellings.
12. Except for single and 2-family dwellings and townhouses, all parking stalls may be required to be marked with white painted lines.
13. Any lighting used to illuminate an off street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and be in compliance with division (F)(5) above.
14. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot.
15. Except for single and 2-family dwellings and townhouses, all open off-street parking may be required to have a perimeter curb barrier around the entire parking lot, the curb barrier shall not be closer than 5 feet to any lot line, or if abutting residentially zoned property, not less than 10 feet from a-lot line. Grass, plantings or surfacing material shall be provided in all areas bordering the parking area.
16. All open, non-residential, off-street parking areas of 5 or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with division (F)(4) above.
(5) Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, access ways, striping, landscaping and required fences.
(6) Location. All accessory off-street parking facilities required by this chapter shall be located and restricted as follows:
(a) Required accessory off-street parking shall be on the same ownership as the principal use being served, except under the provisions of division (I)(9) below;
(b) Except for single, 2-family and townhouse dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited;
(c) There shall be no off-street parking within 15 feet of any street surface;
(d) The boulevard portion of the street right-of-way shall not be used for parking;
(e) Required accessory off-street parking shall not be provided in front yards or in side yards abutting streets in the case of a corner lot, in R-1 and R-2 Districts; and
(f) In the case of single-family, 2-family and townhouse dwellings parking shall be prohibited in any portion of the front yard except designated driveways.
(7) Use of required area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by division (F)(8) above, and/or storage of snow.
(8) Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the lift of the respective uses hereinafter set forth:
(a) Single-family, 2-family and townhouse dwellings: 2 spaces per unit;
(b) Boarding house: at least 1 parking space for each 3 persons for whom accommodations are provided for sleeping;
(c) Multiple-family dwellings: 1 space per dwelling, unit for dwellings designed and occupied exclusively by elderly persons; at least 1-1/2 spaces per unit for non-elderly dwelling;
(d) Public park, playground and play field: at least 5 parking spaces for each acre of park over 1 acre; 2 parking spaces per acre for playgrounds, and 10 spaces for each acre of play field. When a public recreation site has more than 1 use designation, the areas must be divided for determining, the required parking spaces;
(e) Motel, motor hotel, hotel: 3 spaces plus 1 space per each rental unit;
(f) School, elementary and junior high: at least 2 parking spaces for each classroom;
(g) School, high school through college: at least 2 spaces for each classroom plus 1 for each 10 seats, based on design capacity of auditorium or gymnasium, whichever is larger;
(h) Church, theater, auditorium: at least 1 parking space for each 4 seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional requirements which are imposed by this chapter;
(i) Community center, library, private club, lodge, museum, art gallery: 10 spaces plus 1 for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure;
(j) Sanitarium, convalescent home, rest home, nursing home: 4 spaces plus 1 space for each 4 beds for which accommodations are offered;
(k) Drive-in establishment and convenience food: at least 1 parking space for each 50 square feet of gross floor area, but not less than 10 spaces;
(l) Office buildings, animal hospitals and professional offices: 3 spaces plus at least 1 space for each 200 square feet of floor area;
(m) Bowling alley: at least 5 parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure;
(n) Service station: at least 4 off-street parking spaces plus 2 off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this chapter;
(o) Retail store and service establishment: at least 3 off-street parking spaces plus 1 space for each 200 square feet of floor area;
(p) Retail sales and service business with 50% or more of gross floor area devoted to storage, warehouse and/or industry: at least 8 spaces or 1 space for each 200 square feet devoted to public sales or service or 1 space for each employee on the maximum shift whichever is greatest;
(q) Restaurants, cafes, private clubs serving food and/or drinks, bars, taverns, nightclubs: at least 1 space for each 80 square feet of gross floor area of dining and bar area and 1 space for each employee on the maximum shift;
(r) Undertaking establishments: at least 10 parking spaces for each chapel or parlor, plus 1 parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off the street for making up a funeral procession;
(s) Motor vehicle sales and/or repair, major bus terminal, boat and marine sales and repair, bottling company, shop for a trade employing 6 or less people, garden supply store, building material sales in structure: 8 off-street parking spaces, plus 1 additional space for each 800 square feet of floor area over 1,000 square feet;
(t) Skating rink, dance hall or public auction house: 20 off-street parking spaces, plus 1 additional off-street parking space for each 200 square feet of floor space over 2,000 square feet;
(u) Golf driving range, miniature golf, archery range: 10 off-street parking spaces plus 1 for each 100 square feet of floor area;
(v) Car wash:
1. Automatic drive-through, serviced: a minimum of 3 spaces, or 1 space for each employee on the maximum shift, whichever is greater;
2. Self-service: a minimum of 2 spaces; and
3. Service station car wash: 0, in addition to that required for the station.
(w) Hospitals: 1 space per bed;
(x) Manufacturing, fabricating or processing of a product or material: 1 space for each 500 square feet of floor area, plus 1 space for each company owned truck (if not stored inside principal building) or 1 space per employee on maximum shift whichever is greatest;
(y) Warehousing, storage or handling of bulk goods: that space which is solely used as office shall comply with the office use requirements and 1 space per each 1,000 square feet of floor area, plus 1 space for each employee on maximum shift and 1 space for each company owned truck (if not stored inside principal building);
(z) Home occupation: 2 spaces per employed person;
(aa) Day care or residential facility: 1 space per employed person;
(bb) Furniture stores: 1 space for each full-time employee plus 1 space for each 600 square feet of floor area;
(cc) All other commercial uses: a minimum of 3 spaces, with additional spaces to be decided by the Planning Commission on an individual basis; and
(dd) Other uses not specifically mentioned herein shall be determined on an individual basis by the Planning Commission. Factors to be considered in the determination shall include (without limitation):
1. Size of building;
2. Type of use;
3. Number of employees;
4. Expected volume and turnover of customer traffic; and
5. Expected frequency and number of delivery or service vehicles.
(9) Joint facilities.
(a) The City Council may, after receiving a report or a recommendation from the Planning Commission, approve a conditional use permit for 1 or more businesses to provide the required off-street parking facilities by joint use of 1 or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately.
(b) When considering a request for a permit, the Planning Commission shall not recommend that the permit be granted nor the Council approve a permit except when the following conditions are found to exist:
1. Up to 50% of the parking facilities required for a theater, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in division (I)(9)(b)4. below;
2. Up to 50% of the off-street parking facilities required for any use specified under division (I)(9)(b)4. below as primary daytime uses may be supplied by the parking facilities provided by the following night-time or Sunday uses; auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theaters, bars, restaurants or apartments;
3. Up to 80% of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under division (I)(9)(b)4. below as primary daytime uses;
4. For the purpose of this section the following uses are considered as primarily daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture stores, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses; and
5. Conditions required for joint use:
a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building, or use shall be located within 300 feet of the parking facilities;
b. The applicant shall show that there substantial conflict in the principal operating hours of the 2 buildings or uses for which joint use of off street parking facilities is proposed; and
c. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk/Administrator and recorded with the Murray County Recorder.
(10) Off-site parking.
(a) Any off-site parking which is used to meet the requirements of this chapter shall be a conditional use as regulated by § 152.41 below and shall be subject to the conditions listed below.
(b) Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.
(c) Reasonable access from off-street parking facilities to the use being serviced shall be provided.
(d) The site used for meeting the off-site parking requirements of this chapter shall be under public ownership or shall be secured by a long-term lease agreement between the parties, subject to the review and approval of the City Attorney, filed with the City Clerk/Administrator and recorded with the Murray County Recorder.
(e) Off-site parking for multiple-family dwellings shall not be located more than 100 feet from any normally used entrance of the principal use serviced.
(f) Off-site parking for non-residential uses shall not be located more than 300 feet from the main entrance of the principal use being served. No more than 1 main entrance shall be recognized for each principal building.
(g) Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain ownership and parking utilization of the off-site location until a time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.
(J) Off-site loading.
(1) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-wav so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.
(2) Location.
(a) All required loading berths shall be off-street and located on the same lot as the building or use to be served.
(b) All loading berth curb cuts shall be located at minimum 50 feet from the intersection of 2 or more street rights-of-way. This distance shall be measured from the property line.
(c) No loading berth shall be located closer than 100 feet from a residential district unless within a structure.
(d) Loading berths shall not occupy the front yard setbacks.
(e) A conditional use permit shall be required for new loading berths added to an existing structure, where the loading berth is located at the front or at the side of a building on a corner lot.
1. Loading berths shall not conflict with pedestrian movement.
2. Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.
3. Loading berths shall comply with all other requirements of this section.
(f) Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner that will cause the least interference with traffic.
(3) Surfacing. All loading berths and access ways shall be improved with surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the City Zoning Official.
(4) Accessory use, parking and storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off street parking requirements.
(5) Screening. Except in the case of multiple dwellings all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with division (F)(4) above.
(6) Size. Unless otherwise specified in these zoning regulations the first loading berth shall be not less than 50 feet in length, 15 feet in width and 14 feet in height, exclusive of aisle and maneuvering space.
(7) Number of loading berths required. The number of required off street loading berths shall be as follows:
(a) Commercial or industrial uses: 1 loading berth for each 5,000 square feet of floor area; and
(b) Auditorium, convention hall, exhibition hall, sports arena or stadium: 1 loading berth for each 10,000 square feet of floor area.
(K) Land reclamation. For the purposes of this chapter, LAND RECLAMATION is the reclaiming of land by depositing of materials so as to elevate the grade. Land reclamation shall be permitted only by conditional use permit in all districts. Any lot or parcel upon which 400 cubic yards or more of fill is to be deposited shall come under the controls of land reclamation. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land, and as conditions thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress and for control of material disbursed from wind or hauling of material to or from the site.
(L) Mining. The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards or more and removal thereof from the site without processing shall be defined as MINING. The conduct of mining shall be permitted only upon issuance of a conditional use permit. The permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site.
(M) Signs.
(1) Purpose.
(a) This division is established to protect and promote health, safety, general welfare and order within the City of Slayton through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights-of-way or properties.
(b) The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities.
(2) Permitted and prohibited signs.
(a) Permitted signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this division:
1. Public sign;
2. Name plate: there may be 1 per premise not to exceed 2 square feet;
3. Integral sign;
4. Political campaign sign: shall not exceed 4 square feet in all R Zoning Districts, or 12 square feet in all other zoning districts. Every campaign sign must contain the name and address of persons responsible for the sign, and that persons shall be responsible for its removal. Signs erected before the primary election shall remain in place for no longer than 5 days after the general or special election for which they are intended. All signs shall be confined to private property. The city shall have the right to remove and destroy unsightly signs or remove signs after the 5-day limit;
5. Holiday sign: displayed for a period not to exceed 30 days;
6. Construction sign: these signs shall be confined to the site of the construction, alteration or repair, and shall be removed within 2 years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Zoning Official or his or her agent. No sign may exceed 25 square feet;
7. Individual property sale or rental sign: signs must be removed upon sale or rental or property. Signs may not measure more than 10 square feet in R Districts, nor more than 40 square feet in all other districts; and
8. Informational/directional sign: shall not be larger than 25 square feet and shall conform to the location provisions of the specific district.
(b) Prohibited signs. The following signs are specifically prohibited by this division:
1. Any sign which obstructs or obscures the vision of drivers or pedestrians, or detracts from the visibility of any official traffic control device;
2. Any sign which contains or imitates an official traffic sign or signal, except for private, on-premise directional signs;
3. Signs which are attached in any manner to trees, fences, utility poles or other like permanent supports;
4. All displays shall be shielded to prevent any light to be directed at on-coming traffic in a brilliance so as to impair the vision of any driver; and
5. Roof signs, with the exception of airport identification signs.
(3) General provisions.
(a) All signs shall comply with the zoning ordinance.
(b) When electrical signs are installed, the installation shall be subject to the city’s Electrical Code.
(c) No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon any public lands or easements or rights-of-way.
(d) No sign or sign structure shall protrude over public right-of-way except wall (maximum protrusion: 18 inches), canopy and marquee signs. All signs located over public right-of-way or over any public or private access route (sidewalks and the like) shall be located a minimum of 8 feet above surface grade.
(e) All height restrictions on signs shall include height of sign structure.
(f) In any district, any portion of any sign exceeding 2 square feet shall be set back 3 feet from any rear or side yard property line.
(g) Any sign now or hereafter existing which no longer advertises or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent or person having the beneficial use and/or control of the building or structure upon which the sign may be found within 10 days after written notice from the Zoning Official.
(h) Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety, shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or land upon which the sign is located within 10 days after written notification from the City Zoning Official.
(i) Every outdoor advertising sign erected under the provisions of this chapter shall be plainly marked with the name of the person, or firm erecting the sign.
(4) Non-conforming signs.
(a) The following are non-conforming signs: all prohibited signs including those not prohibited which do not conform to the provisions of this division.
(b) A non-conforming sign may not be:
1. Changed to another non-conforming sign;
2. Structurally altered except to bring into compliance with the provisions of this division;
3. Expanded;
4. Re-established after its removal; or
5. Re-established after damage of more than 50% of sign replacement cost except to bring into compliance.
(5) District regulations. The following sections concern signs which require application and permit.
(a) Within the A-O, R-1, R-2, R-3 (residential and institutional uses, not including hospitals) and R-M Districts, signs are subject to the following size and type regulations: institutional or area identification signs, provided that the gross square footage of sign area does not exceed 18 square feet and if the sign is freestanding, the height does not exceed 8 feet.
(b) Within the R-2, B-1, B-2 and 1-1 Districts, signs are subject to the following size and type regulations:
1. Within the R-2 (hospitals and commercial uses) District, the maximum allowable square footage of sign area per lot shall not exceed the sum of 1 square foot per front foot, up to 100 square feet. Each lot will be allowed 1 ground sign and 1 wall sign or 2 wall signs total; and
2. Within the B-1, B-2 and I-1 District signs are subject to the following regulations:
a. Wall signs. The maximum number of wall signs on any principal building shall be 2;
b. Ground sign. The erection of 1 ground sign for any single lot is allowed under the following provisions;
c. Conditional uses. In the case of a shopping center where there are 2 or more business uses, a conditional use permit shall be granted to the entire shopping center in accordance to an overall site plan indicating the size, location and height of all signs presented to the Planning Commission. In the case of applying this conditional use permit, a shopping center may have 1 ground or freestanding sign identifying the shopping center which is in conformance with this chapter;
d. Parking area, driveways. No part of the ground sign shall be less than 5 feet from any driveway or parking area;
e. Area, height regulations. The maximum square footage, for a ground sign shall be 200 feet, or to be determined by the Planning Commission. In no case shall the maximum height of a ground sign exceed 35 feet; and
f. Design. The bottom of the facing of every ground sign shall be at least 3 feet above the ground which space may be filled with platform or decorative trim of wood or metal construction.
(N) Home occupation.
(1) The regulation of home occupations within residential structures is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained.
(2) For purposes of this chapter, home occupations, as defined in § 152.02 above, shall be further defined to distinguish permitted home occupations from conditionally permitted home occupations. Accordingly, all home occupations that satisfy the permitted home occupation criteria shall be considered as a permitted accessory use in all residential zoning districts. Home occupations which fail to satisfy the permitted home occupation criteria, shall require a conditional use permit, as provided for in § 152.02 above, and may be located in any residential zoning district based upon conditions set forth in the approved conditional use permit.
(3) Permitted home occupations shall consist of:
(a) Businesses which require no interior or exterior changes necessary to conduct the business; which are conducted within a principal building; and which require no mechanical or electrical equipment not customarily found in a home;
(b) Businesses that do not significantly alter the traffic pattern of the neighborhood;
(c) Businesses that do not require employees other than those living on the premises;
(d) Businesses which require no more than 20% of the gross floor area of a dwelling, not to exceed 300 square feet including accessory building; and
(e) Businesses that are not involved in direct sales on the premises except as may be conducted through the use of the United States mail or by taking and delivering orders by telephone.
(4) Conditionally permitted home occupations shall consist of those home occupations that do not meet the provisions of division (N)(3) above. The home occupation may be granted a conditional use permit provided that:
(a) The Planning Commission shall find that all business related activity occurring on the premises shall not cause adverse changes to the residential character of the neighborhood;
(b) The Planning Commission shall find that any exterior changes necessary to conduct the business are sufficiently screened, properly designed or separated by distance so as to be consistent with existing adjacent residential uses and compatible with the residential character of the district;
(c) The Planning Commission shall find that any interior changes necessary to conduct the business comply with all building electrical, mechanical and fire codes governing the use in a residential occupancy; and
(d) The Planning Commission shall find that the traffic generated by the business involves only vehicles of the type that typically service single family residences and that the traffic constitutes neither a nuisance nor a safety hazard.
(O) Interim use permit.
(1) Purpose.
(a) The purpose and intent of allowing interim uses is to allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the Comprehensive Plan; and to allow a use that is presently acceptable but that, with anticipated development will not be acceptable in the future.
(b) For purposes of this chapter interim use permits shall apply to all zoning districts as listed in § 152.04(A) below.
(2) Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for interim use permit shall be the same as those for conditional use permits as provided in § 152.41 below.
(3) Standards. The Planning Commission shall recommend an interim use permit and the Council shall issue the interim use permits only if it finds that the use at the proposed location:
(a) Meets the standards of a conditional use permit set forth in § 152.41 below;
(b) Will terminate upon a date or event that can be identified with certainty;
(c) Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future; and
(d) Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.
(4) Termination. An interim use permit shall terminate upon the occurrence of any of the following events, whichever first occurs:
(a) The date stated in the permit;
(b) A violation of conditions under which the permit was issued;
(c) A change in the city’s zoning regulations, which renders the use nonconforming;
(d) Use has been discontinued for a minimum of 6 months; or
(e) If the Planning Commission recommends to the City Council that an interim permit be terminated, and if the City Council agrees with the Planning Commission’s recommendation, the City Council shall have the right and power to terminate the interim use permit by giving 6 months written notice of the termination to the property to whom the interim use was issued.
(Prior Code, § 18.103) (Am. Ord. 341, passed 12-16-2019)