(A) Accessory buildings, uses and structures. 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.
(1) Accessory buildings, structures and uses in residential districts.
(a) No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard; except that:
1. Detached private garages may be permitted in side yards, provided they comply with all other requirements of this section, shall be eight feet in R-1 District and five feet in R-2, R-3, R-4 and R-5 District or more from side lot lines, shall not be located closer than five feet from the principal structure, and the side yard does not abut a street right-of-way; and
2. Accessory buildings or structures may be located in the side yards of corner lots; provided that, the size of the structure does not exceed 150 square feet and the structure shall be located 20 feet or more from all public right-of-way.
(b) Accessory buildings, uses and structures shall not exceed 50 feet in height, shall have setback requirements as in § 11.11 of this chapter from all lot lines, shall be six feet or more from any other building or structure on the same lot, and shall not be located within a utility easement. Private garage structures with vehicular access doors facing public alleys shall not be located closer than five feet from the alley right-of-way.
(c) For single- and two-family dwellings, a maximum of two accessory buildings per lot shall be allowed. No accessory structure or structures shall occupy more than 30% of a rear yard, nor exceed 1,000 square feet of total floor area.
(d) For townhouses, multi-family structures and non-residential uses, accessory structures shall not occupy more than 30% of the rear lot or exceed 30% of the gross floor area of the principal use, whichever is the lesser.
(e) No permit shall be issued for the construction of more than one detached private garage structure for each dwelling. Each applicant for a building permit to construct any dwelling shall be required to provide off-street parking space for at least one automobile per family to be housed in addition to any garage space to be used. Every single-family and two-family residential structure hereafter erected shall be so located on the lot so that at least a two-car garage, either attached or detached, can be located on the lot. Structures such as air conditioning cooling structures or condensers which generate noise may be located in a side yard, except for side yards abutting streets where equipment is fully screened from view.
(f) Pursuant to authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the city opts out of the requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates temporary family health care dwellings.
(Amended 10-25-2016)
(2) Accessory structures and uses in commercial and industrial districts.
(a) Accessory building uses and structures shall be six feet or more from any other building or structure on the same lot, and shall not be located within a utility easement.
(b) Accessory buildings or structures shall not exceed in area 30% of the gross floor area of the principal use.
1. Accessory buildings, uses or structures may exceed in area 30% of the gross floor area of the principal use as a conditional use:
a. Applicable setbacks are met;
b. Combined lot coverage of the principal and accessory structures shall not exceed 50%;
c. Location and appearance of the structure is compatible with the surrounding neighborhood; and
d. Accessory buildings, uses or structures shall be erected located in the rear yard, subject to one-half the side yard setback requirements and one-half of the rear yard setback requirements of the applicable zoning district.
2. Accessory buildings, uses or structures may be erected or located in side yards as a conditional use:
a. Applicable side yard setbacks are met;
b. Accessory buildings, structures or uses shall be located ten feet behind the front building line of the principal structure, or maintain a front yard setback of 20 feet; and
c. Location and appearance of structures is compatible with surrounding neighborhood.
(B) Yard encroachments, not applicable. The following shall not be considered as encroachments on yard setback requirements: chimneys; flues; belt courses; leaders; sills; pilasters; lintels; ornamental features; cornices; eaves; gutters; steps; stoops; bay windows; and the like; provided, they do not project more than four feet into a yard.
(C) Height limitations, not applicable.
(1) The building height limits established in this chapter for districts shall not apply to the following:
(a) Belfries;
(b) Chimneys or flues;
(c) Church spires, not exceeding 20 feet above roof;
(d) Cooling towers;
(e) Cupolas and domes which do not contain usable space;
(f) Elevator penthouses;
(g) Flag poles;
(h) Monuments;
(i) Parapet walls extending not more than three feet above the limiting height of the building;
(j) Water towers;
(k) Poles, towers and other structures for essential services;
(l) Necessary mechanical and electrical appurtenances;
(m) Television and radio antennas (not to exceed 75 feet in height above grade); and
(n) Wind energy conversion systems.
(2) 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 ten feet unless otherwise noted.
(D) Refuse. In all districts, all waste, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping the land free of refuse and weeds. Passenger automobiles, station wagons and trucks 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, shall be regulated as provided by the laws of the state.
(E) Outside storage. In all residential districts, all personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: laundry drying; recreational equipment; construction and landscaping materials; equipment currently (within a period of 12 months) being used on the premises; agricultural equipment and materials if these are used or intended for use on the premises; off-street parking of licensed passenger automobiles and pickup trucks.
(F) Land reclamation. Under 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 control of wind-blown material or hauling of material to or from the site.
(G) Mining. Except for excavation for construction of a building, 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. In all districts, except the Mining Open Space District, 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.
(H) Soil processing. The operation of processing sand, gravel or other material mined from the land shall be permitted only by conditional use permit. The conditional use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site. The permit shall be granted for a specified period of time to be determined by the Planning and Zoning Commission based on the type of project and the criteria established for the project by the Commission.
(Amended 4-20-1996)
(I) Student housing. Any detached dwelling unit utilized on a rental bases by three or more single high school or college students shall require a conditional use permit. All student housing shall comply with all state, city, county or other regulations affecting the health, safety and convenience of occupants.
(J) Bulk storage (liquid, gas, grain and the like). Above and below ground storage tanks, bins, elevators and the like shall be regulated in accordance with applicable city, state and federal regulations, including the applicable Building Codes, State Fire Code and regulations of the Pollution Control Agency. All necessary federal, state and local permits and approvals shall be obtained. The Council may require that all existing above ground liquid in free state storage tanks having a capacity of 300 gallons or more be diked, and suitably sealed, to hold a leakage capacity equal to 115% of tank capacity, and also have state’s Fire Marshal approval. Any existing storage tanks either above or below ground that, in the opinion of the Council, constitutes a hazard to public safety shall be discontinued.
(K) Relocated structures.
(1) Before any house or other structure is moved onto a vacant lot, a conditional use permit must be secured. No such structure shall be moved by other than a licensed and bonded mover, except for accessory buildings less than 250 square feet, which may be moved by the owner if approved by the Building Inspector. Accessory buildings of 500 square feet or less, and less than 15 feet in height may not require a conditional use permit if, in the judgment of the Building Inspector, its condition and appearance would be compatible with the area and intended use. New and sectional dwellings, whether in whole or in part, may not need a conditional use permit if they comply with the Building Code or other requirements of this chapter.
(2) The Planning and Zoning Commission shall hold a public hearing according to the provisions of this chapter on each application to move or relocate a structure to determine its compatibility with the surrounding structures and area of the proposed site of relocation. The Building Inspector shall report to the Planning and Zoning Commission concerning structural soundness of the building; recommended improvements to both the structure and the site, and restoration of the original site. The Building Inspector shall also submit for the Planning and Zoning Commission’s review and approval a schedule of estimated costs for the above.
(3) The Planning and Zoning Commission shall submit to the Council its recommendation as to the issuance or denial of the conditional use permit, together with recommended conditions (if recommendation is for issuance) including, when applicable, the condition that title to the property and structure cannot be sold or conveyed until the project has been completed and approved by the Building Inspector, a date by which the relocation and all recommended improvements to structure and site, and restoration of original site shall be accomplished; and a signed agreement from the applicant that the conditions, recommended improvements and completion date are accepted.
(4) (a) If the Council approves the issuance of a conditional use permit, the applicant shall, before either the conditional use permit or moving permit is issued, deposit with the City Clerk as guarantee to the neighborhood that the recommended improvements will be completed as agreed to by the applicant, a certified check or cashier’s check payable to the city or in cash in an amount equal to 20% of the Building Inspector’s estimate of all the costs of relocation, improvement to structure, improvement to the proposed site and restoration of the original site, as prescribed by the Planning and Zoning Commission and concurred with by the Council.
(b) Unless the Council grants an extension of the time for completion of the project, 10% of the original amount deposited shall be forfeited for each day that the project remains incomplete past the agreed upon completion date.
(c) When the Building Inspector shall certify that the project has been completed, the City Clerk shall return to the applicant all the moneys remaining in the deposit.
(5) Before the Building Inspector shall issue a permit to move a structure over any public right-of-way, the applicant shall pay the required fee and complete the application for building moving permit and moving approval form. Requirements shall not apply to construction sheds or temporary construction offices located on the lot for 18 months or less during a construction project.
(L) General fencing, screening and landscaping.
(1) All fences or walls to be constructed require a building permit.
(2) Fences, walks, trees or other obstructions 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 ten feet in height.
(3) Lot hedges, walls and fences (height).
Height | |
Corner lot height | 2 (set in 20’) |
Front yard | 3’ |
Side or rear yard | 6’ |
(4) Fences and walls may be erected along property lines; provided that, adjacent property owners agree and property boundaries can be established and the type of fence will be such as to not require maintenance on the side abutting adjacent property.
(5) Fences no higher than three feet above finished grade shall be permitted within required front yards in residential and commercial districts.
(6) In commercial and residential districts, fences of not higher than six feet above finished grade and walls 42 inches high or less shall be permitted within rear yards and that portion of the side yard setback not a part of the front yard.
(7) Both sides of the fence must be maintained in respectable condition by the owner of the fence.
(8) Barbed wire or electric fences shall not be permitted, used or constructed.
(9) Property line fences in any industrial district shall not exceed eight feet in height; except that:
(a) Fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences;
(b) Fences in industrial districts which are primarily erected as a security measure may have arms projecting into the applicant’s property on which barbed wire can be fastened commencing at a point at least seven feet above the ground; and
(c) Such fence shall not be erected within the landscaped portion of the front yard of any industrial establishment.
(M) Planned unit development in accordance with the provisions of this chapter.