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.
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.
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.
| ||
