A. 
Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming 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 which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.
B. 
Enlargement. Any 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 such date, except as hereinafter specified or subsequently amended.
C. 
Unsafe structures. Nothing in this chapter shall prevent the placing of a structure in a safe condition when said structure is declared unsafe by the Building Inspector providing the necessary repairs shall not constitute more than 50% of the fair market value of such structure. Said value shall be determined by the City Assessor.
D. 
Moving of buildings. No nonconforming 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's adoption unless such movement shall bring the nonconformance into compliance with the requirements of this chapter.
E. 
Change back to nonconforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter by changed to any nonconforming use.
F. 
Increase of nonconformity. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
G. 
Destruction of buildings. 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, said value to be determined by the City Assessor, then without further action by the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by this chapter for the district in which such land and buildings are located. Any building which is damaged to an extent of less than 50% of its value may be restored to its former condition. Estimate of the extent of damage or destruction shall be made by the Building Inspector.
H. 
Discontinuance. Whenever a lawful nonconforming use of a structure or land use is discontinued for a period of six months, following written notice from the Zoning Administrator or other authorized agent of the city, any future use of said structure or land shall be made to conform with the provisions of this chapter.
I. 
Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
J. 
Alterations. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided that they will not increase the number of dwelling units or the nonconformity.
K. 
Expansion to improve livability. Nonconforming, non-income-producing residential units may be expanded to improve livability as a conditional use, provided that the nonconformity of the structure will not be increased.
L. 
Completion of buildings for which permit issued. Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans, provided that 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 two years. Such structure and use shall thereafter be a legally nonconforming structure and use.
M. 
Nonconforming junkyards. No junkyard may continue as a nonconforming use for more than one year after the effective date of this chapter, except that a junkyard may continue as a nonconforming use in an Industrial District if within that period it is completely enclosed within a building, fence, screen planting or other device of such height as to screen completely the operation of the junkyard. Plans of such a building, fencing, screening or device shall be approved by the City Planning Commission and the City Council before it is erected or put into place.
A. 
Purpose. The purpose of this section is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.
B. 
Dwelling unit restrictions.
(1) 
No cellar, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently.
(2) 
Basements may be used as living quarters or rooms as a portion of residential dwellings.
(3) 
Tents, playhouses or similar structures may be used for play or recreational purposes.
(4) 
Minimum requirements for dwellings shall be as follows:
[Amended 8-15-1983 by Ord. No. 384]
(a) 
No less than 800 square feet of ground floor space.
(b) 
No less than 20 feet in width at its narrowest point.
(c) 
Placed on a permanent foundation which is solid for the complete circumference of the structure.
(d) 
Exterior siding extending from within six inches of the dirt or two inches of concrete, which siding shall be of a conventional exterior dwelling type material.
(e) 
A pitched roof covered with shingles or tile and having eaves of not less than six inches.
C. 
Platted and unplatted property.
(1) 
Any person desiring to improve property shall submit to the Building Inspector a survey of said 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 which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
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 building or garage for single-family dwellings shall occupy more than 25% of a rear yard, nor exceed 1,000 feet of floor area. Garages which exceed the aforesaid maximum may be allowed with a conditional use permit under the provisions of Article XVIII of this chapter.
E. 
Drainage plans. In the case of all apartments, business and industrial developments, the drainage plans shall be submitted to the City Engineer for review, and the final drainage plan shall be subject to his or her written approval.
F. 
General fencing, screening and landscaping.
(1) 
No fence shall exceed eight 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.
(2) 
No fences, other than the chain link fences with openings to be 1 5/8 inches to two inches and not to exceed a maximum height of 30 inches, and/or other structures or planting of trees or shrubs, shall be permitted within 30 feet of any corner formed by the intersection of street property lines or the right-of-way of a railway intersecting a street. The 30 feet referred to above shall be in the form of a triangle with two sides formed by the property lines and the third side formed by a straight line connecting the two thirty-foot points on both sides of the corner.
(3) 
Except as provided in Subsection F(2) above, fences less than three feet in height may be located on any part of a lot.
(4) 
Except as provided in Subsection F(2) above, fences may be erected on any part of a lot which is behind the front line of the principal building.
(5) 
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, sodding, 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.
G. 
Required fencing, screening and landscaping. All fencing and screening required by this chapter shall be subject to § 190-16F hereof and shall consist of either a fence or a greenbelt planting strip.
(1) 
A greenbelt 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. Such planting strips shall not be less than eight feet in height. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required screen. The planting plan and type of shrub shall require the approval of the Planning Commission based upon a recommendation of the City Forester.
(2) 
A required screening fence shall be constructed of masonry, brick, wood or steel. Such fence shall provide a solid screening effect and not exceed eight feet in height or be less than six feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Engineer and Building Inspector.
H. 
Traffic visibility. On corner lots in all districts, no structure or planting in excess of 30 inches above the street center-line grade shall be permitted within a triangular area defined as follows:
[Amended 9-8-2015 by Ord. No. 487]
(1) 
Unregulated corners: Beginning at the intersection of the projected property lines of two intersecting streets, thence 30 feet along one property line, thence diagonally to a point 30 feet from the point of beginning on the other property line, thence to the point of beginning.
(2) 
Regulated corners: The maximum triangular area shall not exceed the area for unregulated corners. Traffic flow, pedestrian safety and sight-line visibility, provided by the regulated intersection, shall be considered on a case-by-case basis by variance where the triangle area would be less than that required for unregulated corners.
I. 
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 course of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public rights-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed four foot candles (meter reading) as measured from said property.
J. 
Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.
K. 
Dust and other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.
L. 
Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.
M. 
Noise. The emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation NPC 1, as amended.
N. 
Refuse. 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 in violation of any city ordinance are considered refuse or junk and shall be disposed of. The piling of junk in yards in all residential districts shall be considered to be a nonconforming use and shall be removed within a period of three months after the effective date of this chapter.
[Amended 2-7-2002 by Ord. No. 440]
O. 
Exterior storage. All materials and equipment except as provided for in Articles V through XIV of this chapter shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:
(1) 
Clothesline pole and wires.
(2) 
Recreational equipment and vehicles.
(3) 
Construction and landscaping materials currently being used on the premises.
(4) 
Off-street parking of licensed passenger vehicles and trucks not exceeding a gross capacity of 12,000 pounds in residential areas.
P. 
Waste material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system but shall be disposed of in a manner approved by the Minnesota State Fire Marshal and the Pollution Control Agency.
Q. 
Bulk storage (liquid). All uses associate with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshal and Minnesota Department of Agriculture offices, and the owner or operator thereof shall have documents from those offices stating that the use is in compliance with applicable laws and regulations, said documents to be available for inspection by city officials.
R. 
Signs. Regulations of signs shall be provided for under Chapter 150, Signs.
S. 
Home occupations. There shall be no over-the-counter sale of merchandise produced off the premises except for those products that are not marketed and sold in a wholesale or retail outlet. Examples of such products include but are not limited to the following: Avon, Fuller Brush and Shakley products. In no instances shall the home occupation adversely affect the character of the uses permitted in the zoning district in which the property is located.
The following tables are hereby incorporated in and made part of this chapter:
A. 
Table 1, Schedule of Area, Height and Placement Regulations. Table 1, Schedule of Area, Height and Placement Regulations is included at the end of this chapter.
B. 
Table 2, On-Site Parking Requirements.
Table 2
On-Site Parking Requirements
Use
Required Spaces or Area
Residential
1 per dwelling unit
Churches and auditoriums1
1 per each 6 seats
Convents2
Preschools
1 per each 2 employees
Elementary schools
1 per each 2 employees
Secondary schools
1 per each 2 employees
1 per each 5 pupils
Parks and playgrounds2
1 per each 2 employees
Swimming pools2
1 per each 2 employees
Public halls and community centers
Equal in number to 30% of capacity of people
Hospitals and medical institutions2
1 per each 2 beds 1 per each 2 employees
1 per each staff doctor
Commercial and industrial uses2
1 per each 3 employees
1 per each managerial personnel
NOTES:
1Additional required for building containing an auditorium, such as schools.
2Adequate to serve visiting public as demonstrated to the Planning Commission.
C. 
Table 3, On-Site Loading and Unloading Requirements.
Table 3
On-Site Loading and Unloading Requirements
Use
Required Berths
Educational
1 per each building containing 10,000 square feet1 to 200,000 square feet, plus 1 per each additional 200,000 square feet
Religious
Same as educational
Health and medical institutions
1 per each building containing 10,000 square feet to 100,000 square feet, plus 1 per each additional 100,000 square feet
Recreational facilities
1 per each building containing at least 10,000 square feet of building area plus 1 per each additional 100,000 square feet
Commercial
1 per each individual building2
Industrial
1 per each building containing 40,000 square feet; two per each building containing 40,000 square feet to 100,000 square feet
NOTES:
1Square feet represents gross floor area so measured.
2Adequate to meet needs of the use as demonstrated to the Planning Commission.