Accessory Uses: A use subordinate to the purpose for which the land is zoned. Accessory uses may only occur in conjunction with a principal use and on the same lot as the principal use.

Adult Arcade: An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by 5 or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore: An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or 2) instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult Cabaret: A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater: A theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by specified sexual activities.

Adult Use Establishments: Adult use establishments include, but are not limited to: adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult theater, or sexual encounter establishment.

Animal Shelters: Any place that shelters lost or abandoned animals for the purpose of reclaiming by the owner, adoption, placement with another agency, or humane euthanization. May include limited veterinary services such as routine vaccinations and spaying and neutering.

Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Apartment Building: A building containing 3 or more dwelling units.

Assisted Living. Housing designed for persons who need assistance with their daily living needs including special support services such as meal preparation, housekeeping, limited medical care, and transportation.

Assisted Living. Housing designed for persons who need assistance with their daily living needs including special support services such as meal preparation, housekeeping, limited medical care, and transportation.

Basement: A portion of the building which floor is at least 4 feet or more which is below grade for more than 50% of the perimeter. A basement is not counted as a story.

Buildable Lot Area: The lot area for purposes of determining compliance with the minimum lot area requirements of the Zoning Ordinance is the contiguous area of a lot which is sufficient in the area to accommodate the construction of public utilities, buildings, and driveways, while still providing for adequate setbacks. The following shall not be included in calculating the lot area: floodways, wetlands, wetland buffers, right-of-ways/road easements, within the meander line of a river or stream, within the meander line of a drainage ditch. The lot area may contain soils with certain limiting characteristics such as shallow bedrock or high water table.

Building: Any structure used or intended for supporting or sheltering any use or occupancy.

Building Height: The vertical distance from grade plane to the average height of the highest roof surface. Average roof elevation shall be the mid-height between the roof eave and the highest roof ridge, regardless of the shape of the roof. In the case of a building with multiple roof levels, the highest of the various roof levels must be used to determine the building height.

Building Line: A line measured across the width or length of the lot at the point where the main structure is placed in accordance with setback provisions.

Building, Principal: A non-accessory building in which a principal use permitted in a zoning district is conducted.

Commercial Child Care Facility: Any child care facility, which for gain or otherwise regularly provides 15 or more infant, pre-school, or school-aged minor children with care, training, or supervision on a regular basis for periods of less than 24 hours per day.

Commercial Kennel: Any place where 9 or more domestic animals of any type, over six months of age, are commercially kept, sold, boarded, bred, or exhibited, except hospitals, clinics, and other premises operated by or in association with a licensed veterinarian exclusively for the care and treatment of animals.

Commercial Wireless Telecommunication Services: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Condominium: A type of multi-family dwelling in which each dwelling unit is owned individually, but in which the halls, entrance ways and underlying land is jointly owned.

Dwelling: Any building or portion thereof which is designed or used exclusively for residential occupancy, but not including hotels, motels, lodging or boarding houses.

Dwelling Unit: A dwelling containing living quarters including sleeping, eating, cooking and sanitation for a single family.

Family: Any of the following living in a single dwelling unit:

1. An individual; or

2. 2 or more persons related by blood, marriage, or adoption and any unrelated persons who reside therein as though a member of the family; or

3. A group of not more than 5 persons.

Floor Area, Gross: The sum of the gross horizontal areas of all floors of all buildings on any lot as measured from the exterior faces of exterior walls or from the center line of the walls separating 2 buildings. In particular, the gross floor area of a building or buildings shall include basements and stairwells at each story, floor space used for mechanical equipment (with structural headroom of seven feet, six inches or more) attic space (providing structural head room of seven feet, six inches or more), and interior balconies and mezzanines.

Floor-Area-Ratio: A quotient which expresses the total gross floor area as a multiple of the total area of the lot. The quotient is determined by dividing the gross floor area of all buildings as measured from exterior walls on any lot by the area of that lot.

Garage: An accessory building or part of the principal building designed and used for the storage of motor vehicles owned/leased by the occupants of the principal structure. Garages shall only be used for vehicle, equipment storage, and to house boats, trailers and recreations vehicles.

Grade: The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and a line 5 feet from the building.

Grade Plan: A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the external walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building.

Hardship: Means the property in question cannot be put to a reasonable use under the conditions of the official controls, and the plight of the landowner is due to circumstances unique to his/her land and not created by the landowner(s) or known by the landowner(s) at the time of purchase. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls.

Home occupations: Any occupation or profession carried on by a member of a family, residing on the premises, conducted entirely within the dwelling (not including the garage), which use is clearly incidental and secondary to the use of the residential dwelling unit and does not change the character thereof; provided that not over 25% of the gross floor area of any one story or not more than one room is used for a home occupation or professional purpose - whichever is less. Home occupations may not include boat, automobile or small engine repairs.

Hoop/Tubular Frame Building: A structure composed of a rigid framework supporting a tensioned membrane, which provides the weather barrier.

Housing For Elderly Persons: means:

(i) Housing provided under any state or federal program that the state or federal government determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or

(ii) Housing intended for, and solely occupied by, persons 62 years of age or older; or

(iii) Housing intended and operated for occupancy by at least one person 55 years of age or older per unit provided that:

(A) There are significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of these facilities and services is not practicable that the housing is necessary to provide important housing opportunities for older persons;

(B) At least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

(C) There is publication of, and adherence to, policies and procedures that demonstrate intent by the owner or manager to provide housing for persons 55 years of age or older.

Housing does not fail to meet the above requirements by reason of having unoccupied units, if unoccupied units are reserved for occupancy by persons who meet the age requirements described above.

In no event shall such definition be less inclusive than said term is defined by Federal Statute Chapter 42 USCS Section 3607, as amended or Minnesota Statutes 363.02, as amended.

Kennel: An enclosure designed or used to house pets outdoors, not including fenced yards.

Licensed Day Care Facility: A facility licensed by the state or county that provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own Dwelling Unit. Licensed day care facilities include but are not limited to: family day care homes, group family daycare homes, daycare centers, day nurseries, nursery schools, developmental achievement centers, day treatment programs, adult day care centers, and day services as defined by Minnesota State statute. Residential day care facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statues relating to sex offenses may not be considered a licensed residential day care facility. This definition does not include Commercial Child Care Facilities.

Licensed Community Residential Facility. A facility licensed by the State or County that provides 24-hour-per-day supportive care, food, lodging, monitoring, supervision, rehabilitation, habilitation, education or training. Licensed facilities are limited to those facilities regulated by the Minnesota Department of Human Services or Department of Health. This definition does not include: foster homes; Motel/Hotel; Day Care Facility; Housing for Elderly Persons; facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses; or facilities licensed by the Department of Corrections.

Lodging Room: A room rented as sleeping quarters, but without cooking facilities. Each room which provides sleeping accommodations shall be counted as 1 lodging room.

Lot: Means a parcel of land designated by a platted lot and block number, metes and bounds description, registered land survey, auditor's plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation thereof. For the purposes of these regulations, a lot shall be considered to be an individual building site which shall be occupied by not more than 1 principal structure, having not less than the minimum area, width, and depth required for a building site in the zoning district in which such lot is situated.

Lot Area: The area of a horizontal plane within the lot lines.

Lot, Corner: The lot situated at the junction of, and abutting on 2 or more streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.

Lot Depth: The mean horizontal distance between the front and rear lines of a lot.

Lot, Key: The first lot to the rear of a corner lot, the front line of which is a continuation of the side of the corner lot and fronting on the street which intersects the street on which the corner lot fronts.

Lot Line: A property boundary line of any tract held in single ownership, except where such line extends into a public street or alley, then the lot line shall be at the edge of the street or alley.

Lot Line, Front: The boundary line of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line.

Lot Line, Rear: The boundary line most remote from and most nearly parallel to the front lot line.

Lot Line, Side: A boundary line other than the front lot line or rear lot line.

Lot Width: The mean horizontal distance between the side lot lines of a lot.

Motel/Hotel: A building occupied as a temporary abiding place with or without meals served, but with no provisions made for cooking in any individual rooms.

Non-conforming Use: Any use of land or structures established before the effective date of adoption or amendment of these or preceding regulations which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.

Nursing Home/Adult Care Home. A residential facility licensed by the Minnesota Department of Health where individualized home care aide services or home management services are provided to residents either by the management or by providers under contract with the management; a facility for aged, chronically ill, or incurable persons licensed by the Minnesota Department of Health providing nursing care and related medical services.

Ordinary High Water Mark: A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

Parking space: An enclosed or unenclosed area exclusive of access or maneuvering area, to be used exclusively as a temporary storage space for 1 motor vehicle and which has a surface constructed of asphalt or concrete.

Patio Home: A single-story slab on grade structure used for dwelling purposes.

Permitted Use: A use lawfully established within a particular zoning district provided it conforms to all of the requirements and performance standards of that district.

Persons: An individual, firm, partnership, trustee, association, corporation or organization of any kind.

Pole Barn: A structure, the basic support and framework of which is provided by wooden poles or timbers inserted vertically into the ground.

Portable Storage Containers: Portable storage containers shall include all enclosed large bins designed to be hoisted onto or towed by trucks for transporting materials for refuse or storage often seen in conjunction with construction or renovation. Other applicable containers include rail cars, semi trailers, dumpsters, and tractor-trailers.

Public Utility: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purposes of this Ordinance, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

Rezoning: The changing of any parcel or parcels from one zoning district to another through procedures established by this Chapter.

Right-Of-Way: Land dedicated and publicly owned, in fee or by easement, for use as a street, alley, or walkway.

Roominghouse. Any residential structure in which for compensation, Lodging Rooms are provided with a common entrance, with or without shared kitchen facilities, for six or more unrelated persons. This definition does not include Apartments, Accessory Apartments, Townhomes, Twin Homes, Duplexes, Triplexes, Fourplexes, or Motels/Hotels.

School: As used in this Chapter, shall mean an accredited institution for learning, providing primary or secondary instructions.

Setback: The shortest horizontal distance between any part of the structure and the lot line, disregarding steps and roof overhangs.

Sexual Encounter Establishment: An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where 2 or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy.

Shoreland: Land located within the following distances from the Mississippi River: 250 feet from the ordinary high water mark of the Mississippi River from the southern city limits then northerly to the Sauk Rapids, MN Highway 15 bridge at South First Street extended and between the River and railroad right-of-way northerly of the bridge to the northern city limits.

Specified Anatomical Areas: As used herein, specified anatomical areas means and includes any of the following: 1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities: As used herein, specified sexual activities means and includes any of the following: 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 of this subsection.

Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; or, if there is no floor above, the space between the floor and the ceiling next above.

Structural Alteration: Any change in a building or structure affecting its supporting members, including but not limited to, bearing walls, girders, roof, and all exterior walls. Incidental repairs such as re-roofing and residing shall not be considered as structural alteration.

Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Tower: Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Tower, Multi-User: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Tower, Single-User: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Ordinance.

Townhouse: A single family dwelling utilizing a cluster of row arrangement where each dwelling has its own private entrance, and one or more common walls. Townhouses may be located so that all dwelling units are on the same lot or so that each dwelling unit has its own lot.

Trailer Parks: A park, court, camp site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any trailer, upon which trailer coaches are parked and shall include all buildings used, or intended for use, as part of the equipment thereof, whether or not a charge is made for the use of the trailer park and its facilities. "Trailer Park" shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

Twin Home: A single-family dwelling on its own lot, but with 1 common wall adjoining it to another similar single-family dwelling.

Unlicensed Community Residential Facility. Any public or private residential facility which regularly provides lodging in connection with supportive care services in exchange for compensation, regardless of whether the services are provided on or off site. Supportive care services may include but are not limited to training, education, supervision, monitoring, or rehabilitation. This definition does not include: foster homes; Motel/Hotel; Day Care Facility; Housing for Elderly Persons; Community Residential Facility; facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses; or facilities licensed by the Department of Corrections.

Use: The purpose for which land is zoned or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained.

Variance: Any modification or variation of official controls where it is determined that, because of a hardship, strict enforcement of the official controls is impractical. A modification of allowable uses within a zoning district shall not be considered a variance. (See Hardship definition above)

Wetlands: Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marches, bogs, and similar areas.

Yard: An open space on a lot which is unoccupied and unobstructed from its lowest elevation upward, except as otherwise permitted.

Yard, Front: That portion of the yard located between the front lot line, the side lot lines, and the front building line.

Yard, Rear: That portion of the yard located between the rear building line, side lot lines, and the rear lot line.

Yard, Side: That portion of the yard located between the front and rear yards and between the side building lines and side lot line

SECTION 10.03. NON-CONFORMING USES AND STRUCTURES.

1. Purpose. It is the purpose of this section to accomplish the following:

a) recognize the existence of uses which were lawful when established but which no longer meet all ordinance requirements;

b) discourage the enlargement, expansion, intensification or extension of any non-conforming use or any increase in the impact of a non-conforming use on adjacent properties;

c) regulate the repair, replacement, restoration, and improvement of non-conforming uses to prevent and abate nuisances and to protect the public health, safety, or welfare; and

d) encourage the elimination of non-conforming uses or reduce their impact on adjacent properties.

2. Definitions. For the purposes of this section, the following terms and phrases have the meanings given to them.

a) "Legal non-conformity" or "non-conforming use" means any land use, structure, physical form of land development, lot of record or sign legally established before the effective date of this ordinance or subsequent amendment to it that would not be permitted by, or is not in full compliance with, the regulations of this ordinance. A non-conformity or non-conforming use is one of two types: non-conforming land use or non-conforming development.

b) "Non-conforming land use" means an activity using land, buildings, and/or structures for a purpose that was legally allowed when established but that is not currently allowed as a use in the zoning district in which it is located.

c) "Non-conforming development" means a legal non-conformity other than a non-conforming land use, that complied with ordinance standards at the time it was established but that does not currently conform to an ordinance standard such as height, setback, or size.

d) "Expansion," "enlargement," or "intensification" means any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the non-conforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city.

e) "Replacement," "reconstruction," or "restoration" means construction that exactly matches pre-existing conditions.

3. General Standards. A nonconforming use may be used and continued, including through repair, replacement, restoration, or maintenance, but not including expansion, only in compliance with the provisions of this section. The use must have been in compliance with all land use regulations at the time the non-conformity was created in order to be eligible for the benefits of being a non-conforming use.

a) There may be no expansion, enlargement, or intensification, of any use or any site element of any non-conforming use except to make it a permitted use. Normal building maintenance and repair are allowed. Expansion, enlargement or intensification of conforming aspects of a non-conforming development are excepted from this requirement. For example, if a structure has a non-conforming front setback, it may be expanded on the sides that do meet setback requirements as long as the expansion itself meets ordinance requirements.

b) No non-conforming use may be resumed if normal operation of the use has been discontinued, or if a non-conforming building has been removed and not replaced, for a period of 12 or more months. Time will be calculated as beginning on the day following the last day in which the use was in normal operation and will run continuously thereafter. Following the expiration of 12 months, only uses that are permitted by this ordinance are allowed to be established.

c) Full use of a non-conforming use may not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of 12 or more months. Time will be calculated as beginning on the day following the last day in which the non-conforming use was in full operation and will run continuously thereafter. Following the expiration of 12 months, the non-conforming use may be used only in the manner or to the extent used during the preceding 12 months. For the purposes of this section, intensity of use will be determined by a review of the original nature, function or purpose of the non-conforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city.

d) Removal or destruction of a non-conforming use to the extent of more than 50 percent of its estimated market value by fire or other peril, excluding land value and as determined by the city assessor, terminates the right to continue or replace any non-conforming use, except if a valid and complete building permit application has been submitted to the city within 180 days after the property was damaged.

e) If replacement, reconstruction, or restoration of a legal non-conforming land use is allowed, it may occur without any land use approval from the city if the resulting use does not create any new adverse impacts on adjacent property and matches exactly the conditions that existed before the work was undertaken or before the use was damaged or destroyed. Work that would not meet this requirement and any work that would be an improvement to a non-conforming land use may not be undertaken unless a conditional use permit has been issued for the property. The city may impose conditions in a conditional use permit to protect the public health, safety, or welfare, and to mitigate any newly created impacts on adjacent property.

f) If replacement, reconstruction, or restoration of a legal non-conforming development is allowed, it may occur without any land use approval from the city if the resulting use does not create any new adverse impacts on adjacent property and matches exactly the conditions that existed before the work was undertaken or before the non conforming development was damaged or destroyed, except for internal improvements and improved materials within buildings used to replace roof surfaces, siding, windows, doors, and similar components. Work that would not meet this requirement or any other improvement to a non-conforming development may not be undertaken unless the appropriate approval required below has been granted for the property. The city may impose conditions in its approval to protect the public health, safety, or welfare, and to mitigate any newly created impacts on adjacent property.

1) Work that brings a structure into compliance with building code requirements requires approval from the Community Development Director. The Community Development Director may choose, in his or her sole discretion, to require site plan approval by the City Council, instead of administrative approval.

2) All other improvements require site plan approval by the City Council upon recommendation of the Planning Commission notwithstanding any other provision of this ordinance to the contrary.

g) Work that constitutes an expansion of any non-conforming use or development may not be done without first obtaining a variance. Expansion of a non-conforming land use or development may be approved only by the city council after receiving the recommendation of the planning commission where:

1) The use occupies any space within a non-conforming area that was previously not occupied both vertically and horizontally. For example, a variance would be required if a second-floor area is expanded into the non-conforming setback even though the non-conformity of the first floor setback dimension is reduced; or

2) The non-conforming aspect of a use is reduced but still does not comply with current ordinance standards.

h) Notwithstanding the prohibitions contained in the foregoing paragraphs of this subdivision, if approved by the city council a non-conforming use may be changed to another non-conforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proving to the City Council that the proposed land use is less intense than the existing nonconforming land use.

i) If a non-conforming use is superseded or replaced by a permitted use, the non-conforming status of the premises and any rights which arise under the provisions of this section terminate.

j) Notwithstanding the foregoing paragraphs of this subdivision, all non-conforming Adult Use Establishments, as defined in Chapter 10.02, which were made non-conforming by the zoning ordinance or an amendment to it must be discontinued no later than three years after the adoption of the provision creating the non-conformity.

k) Notwithstanding the foregoing paragraphs, a non-conforming use or structure in a floodplain area may only be repaired, replaced, maintained, improved, or expanded to the extent that it would qualify for eligibility in the National Flood Insurance Program, would not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway, and would comply with the provisions in Chapter 11.

4. Non-Conforming Sign. A non-conforming sign that is an imminent danger to life or property or that may not be replaced under this ordinance must be removed immediately at the expense of the owner.

5. Non-Conforming Utility Pole. For a non-conforming utility pole that exists on the effective date of the ordinance, the pole and wires may be replaced in the event that it is damaged as the result of circumstances beyond the owner's control, but only if the height of the pre-existing pole and its lines are not exceeded and the voltage of the pre- existing wires is not increased. The height and voltage may be exceeded only if this is required by other governmental agencies or by applicable safety codes. In addition, the height may be exceeded temporarily if the owner does not have a conforming pole available, but only on the condition that a permanent replacement which does not exceed the pre-existing height is installed as soon as practical.

6. Creation of Non-Conformities By Public Action. If a taking by a governmental body occurs under eminent domain or negotiated sale which renders a land use, lot of record, sign or development in violation of one or more provisions of this ordinance, such land use, lot of record, sign or development becomes a legal non-conformity with respect to the non-conformity created by the acquisition. It will have the benefits of, but not be subject to the limitations, of this section.

7. Burden of Proof. A person who wishes to take advantage of the rights granted to a legal non-conformity has the burden of proving the status as a legal non-conformity by clear and convincing evidence.

SECTION 10.04 ESTABLISHMENTS OF DISTRICTS

Subdivision 1. Districts. For the purpose of this Chapter, the City is hereby divided into districts as follows:

A. Agricultural District.

A-1 Agricultural

B. Residential Districts.

R-1 Single Family Residence

R-2 Two Family Residence

R-3 Multiple Family Residence

R-4 Supportive Care

C. Commercial Districts.

C-1 Limited Commercial

C-2 Commercial

C-3 Highway Commercial

D. Downtown District

D-1 Downtown Business

E. Industrial District.

I-1 Industrial

F. Shoreland Overlay District.

G. Planned Unit Development (PUD).

Subdivision 2. Official Zoning Map. The location and boundaries of the districts established by this Chapter are hereby set forth on the map entitled "Official Zoning Map" of the City of Sauk Rapids. Regardless of the existence of the printed copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the conference room of City Hall.

Subdivision 3. Enforcement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map, but no such correction shall have the effect of amending zoning requirements or any subsequent amendment thereof without due process.

Subdivision 4. Designated Zoning. All of the lands in the City shown within the district lines on the official Zoning Map and designated as A-1 Agricultural District, R-1 Single Family District, R-2 Two Family District, R-3 Multiple Family District, R-4 Supportive Care District, C-1 Limited Commercial District, C-2 Commercial District, C-3 Highway Commercial District, D-1 Downtown Business District, I-1 Industrial District, Shoreland Overlay District, and Planned Unit Development are hereby zoned as indicated and shown in their respective district boundaries.

Subdivision 5. Zoning Map to be Part of Regulations. The Official Zoning Map together with everything shown thereon and all amendments thereto shall be as much a part of this Chapter as though fully set forth and described herein.

Subdivision 6. Maintaining and Amending the Official Map. It shall be the responsibility of the City Administrator to maintain the Official Zoning Map. The City Administrator shall make or cause to have made any corrections or amendments to said Map. The Official Map shall be available for public inspection at all reasonable times during which the City Hall is customarily open.

SECTION 10.05 DISTRICT BOUNDARIES.

Subdivision 1. Application. The boundaries of any of the established districts, as shown on the Official Zoning Map, shall be defined as follows:

Subdivision 2. Boundaries of Public Right-of-Way. Where boundaries are indicated as approximately following the centerline of streets, alleys, or of highways, such centerlines shall be interpreted to be district boundaries.

Subdivision 3. Boundaries on Shoreland. Where the boundary of a district ending at the corporate limits of the City follows a river, said boundary line shall be construed to be at the jurisdictional limits of the city unless otherwise indicated.

Subdivision 4. Public or Institutional Property.

A. Any construction, modifications, or changes to any areas shown on the Official Zoning Map as a park, school, church, or cemetery shall be subject to City Council approval, after review of the site and building plans, and upon recommendation by the Planning Commission. Such property shall convert to R-1 zoning after discontinuance for park, school, church or cemetery purposes.

B. Towers meeting the requirements of Section 10.15A may be allowed with a Conditional Use Permit however because it is the intent for these properties to revert to Residential zoning after discontinuance of their use, there shall be a heavy burden on the applicant to demonstrate that there are not more suitable locations for the tower and that the proposed tower is appropriate in the location proposed. In any event, the maximum height of towers shall be shall be 65 feet. In determining whether the proposed tower is appropriate on these properties, the City shall consider such things as design, style, proximity to residentially zoned property, view sheds, camouflaging, lighting, and general aesthetics, while placing close attention to the potential for the proposed tower to be a nuisance to neighboring properties.

Subdivision 5. Vacated Property. Whenever any street, alley, or other public way is vacated, the zoning district adjoining such vacated street, alley or public way shall be coincidentally extended to the center of such vacated area, and all areas included therein shall be then and henceforth subject to all regulations of the extended district.

Subdivision 6. Boundaries on Lot Lines. Boundaries indicated as approximately following lot lines shall be interpreted as following such lot lines.

Subdivision 7. Boundaries on City Limits. Boundaries indicated as approximately following the City limits shall be interpreted as following the City=s corporate limits.

Subdivision 8. Transitional Zoning (Lots in Two Districts). Where a district boundary line, as established in this Chapter, or as shown on the Official Zoning map, divides a platted lot in single ownership and of record, the use and other requirements thereon applying to the more restricted portion of such lot shall be considered as extending to the entire lot.

SECTION 10.06 APPLICATION OF DISTRICT REGULATIONS.

Subdivision 1. General Application. The regulations set by this Chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

Subdivision 2. Conformity of Building and Land. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless it is in conformity with all the regulations herein specified for the district in which it is located.

Subdivision 3. Conformity of Open Spaces. No part of a yard or other space or off-street parking or loading space required in connection with any building for the purpose of complying with this Chapter, shall be included as part of a yard or open space similarly required for any other building except as provided in Subdivision 5 of this Section.

Subdivision 4. Parking Areas - Joint Use. In certain cases pertaining to property uses in which the element of time would make conflict impossible, a parking area may be used jointly in connection with 2 or more buildings or operations. An example of this would be the joint use of a parking lot by a business operating only during normal daylight hours and a theater operating only in the evening hours. Any such joint use must be considered by the Planning Commission and approved by the City Council as a Conditional Use prior to its beginning.

The parking requirements of this Chapter may also be met through the use of easements over and across parking areas adjacent to the property in question, whether or not commonly owned, provided the total number of parking spaces of the property in question and the adjacent property meet the total number required by this Chapter for both properties if added together.

Subdivision 5. Yards and Lots. No yards or lots shall be reduced in dimension or area below the minimum requirement set forth herein. Yards or lots created after the original 1965 Zoning Ordinance shall meet at least the minimum requirements established by this Chapter.

Subdivision 6. Zoning of Annexed Territory. All territory which may hereafter be annexed to the City of Sauk Rapids shall be zoned at the time of annexation. A petition for a zoning designation by the property owner shall be submitted to the Planning Commission for review and its recommendation. The recommendation of the Planning commission shall then be submitted to the City Council for final determination. Proper notice shall be given and a Public hearing shall be held pursuant to Section 10.17, Subdivision 2.8-12.

Subdivision 7. Obstruction of View. On any corner lot, no wall, fence or structure shall be erected or altered and no hedge, shrubs or trees maintained or allowed to obscure the view which may cause a danger to traffic or pedestrians.

Subdivision 8. Exceptions.

A. Height limitations as set forth in this Chapter shall not apply to church spires, cupolas, and water towers, unless the City Council determines such construction might be dangerous or in other ways detrimental to surrounding property.

B. The following shall not be considered an encroachment on setback requirements: chimneys, flues, belt courses, leaders, sills, pilasters, lintels, cornices, eaves, steps and gutters, provided the gutters do not project more than 3 feet.

Subdivision 9. Building Relocation.

A. No building shall be moved which is declared by the City Building Inspector as being unsafe or dilapidated.

B. Each relocation of a building having more than 350 square feet shall require a permit from the City Council and all such buildings shall conform with, and be situated in, a properly zoned area in accordance with all of the provisions of this Chapter and the Building Code.

Subdivision 10. Conformance with Street plan. No structure may be placed in such a way as to interfere with the future construction of streets, roads, or alleys as shown on the City Street Plan; as such plan exists or is adopted in the future.

Subdivision 11. Wetland Delineation. In connection with the application for a building permit, site plan approval, or any other permit or approval required by this Ordinance the applicant must provide a delineation of all wetlands on the property or site of the proposed project. All approvals and/or permits may be withheld or conditionally issued pending the results of the delineation. In any event, approvals and/or permits will not be issued if it is determined that the proposed project will adversely effect wetlands unless and until all applicable local, state and federal permits have been obtained. In addition, even if state and federal permits have been obtained by the applicant, the City may require changes to the project to avoid impacting wetlands deemed significant by the City.

SECTION 10.06A SITE PLANS

Subdivision 1. PURPOSE AND INTENT

This section shall apply to all zoning districts in the City, provided that certain zoning districts and uses including, without limitation, the C-3, Highway Commercial District, D-1, Downtown Business District, and Energy Projects regulated by Section 10.15B, shall have requirements above and beyond those required by this section. It is the purpose and intent of this section to establish a procedure which will enable the City of Sauk Rapids to plan for and review proposed improvements of property within the City. The site plan requirements of this section are designed to insure the orderly and harmonious development of property in a manner that shall:

Promote the most beneficial relationship between the uses of land and the circulation of traffic throughout the city;
Ensure adequate provisions for public utilities, services, facilities and right-of-ways;
Encourage effective measures for surface and subsurface drainage;
Provide suitable screening to buffer incompatible uses.

Subdivision 2. SITE PLAN - WHEN REQUIRED

A. Approval of a site plan is required for all projects within the City of Sauk Rapids that require a building permit, except those uses identified in subdivision 3 of this Section. In addition, a new site plan must be reviewed by the Planning Commission and approved by the City Council if modifications, including but not limited to the following, are made to an approved site plan:

1. Increasing a building’s footprint

2. Changing the use of the existing facility in a way such that the site plan no longer meets the minimum requirements for things such as building exterior, stormwater runoff, parking, or landscaping

3. Impacting stormwater runoff

4. Altering existing on-site circulation and required parking spaces in such a way that the site plan no longer meets the minimum requirements and standards of the approved site plan

5. Altering landscaping in a way such that the site plan no longer meets the minimum requirements for things such as screening and stormwater runoff

B. For changes or modifications to an approved site plan not mentioned above that the Zoning Administrator determines are substantial and that may affect future potential uses of the property or current or future potential uses of neighboring properties, the Zoning Administrator may require that the changes or modifications be approved by the City Council following recommendation of the Planning Commission.

Subdivision 3. EXCEPTIONS AND WAIVERS

A. The following shall be exempt from the requirements of this Section:

1. Permitted, conditional, or accessory uses in the A-1, Agricultural District, with the exception of golf courses with club houses and commercial kennels; and

2. Permitted one-family detached dwellings; and

3. Permitted accessory uses in association with a one-family detached dwelling;

4. Interior modifications of an existing structure that do not change or expand the permitted use of the existing structure.

B. The Zoning Administrator or their designee may waive the requirement of a site plan or a site plan amendment if all of the following conditions are met:

1. Any enlargement of a building’s footprint by less than 20% of its existing gross floor area, providing the expansion is less then 1,000 square feet; and

2. The proposed modifications to an existing building do not require additional parking spaces, they do not alter stormwater runoff, they do not significantly alter onsite circulation, and they do not change landscaping in a way that minimum standards are no longer met, or screening between adjacent uses or properties is negatively altered.

Subdivision 4. APPLICABILITY TO EXISTING DEVELOPMENTS

The requirements of this ordinance shall not be applicable to existing developments for which building permits have been granted at the time of the adoption of this ordinance. If such building permit expires prior to the completion of the development for which it was issued, then a new building permit shall not be issued until the requirements of this section have been met.

Subdivision 5. MINNESOTA STATE BUILDING CODE

The review and approval of a site plan pursuant to this Section shall be in addition to the requirements of the City’s building and fire codes and does not imply compliance with the requirements of the building and fire codes.

Subdivision 6. GENERAL COMPLIANCE

No building permit shall be issued for any structure that is subject to the provision of this ordinance until the site plan has been submitted and approved in accordance with the provisions of this Section.
No certificate of occupancy shall be issued for any structure that is subject to the provision of this ordinance until a final site plan inspection has been performed.
Construction, grading, or other development activities shall be carried out in compliance with the approved site plan and any conditions or restrictions attached thereto.

Subdivision 7. VALIDITY

Site plans shall be deemed final once reviewed and approved by the City Council. A final site plan shall be valid for a period of one year from the date of approval, after which time, the site plan shall be deemed null and void if the development has not been established or actual construction has not commenced. For the purpose of this section, actual construction shall mean that the permanent placement of construction materials has started and is proceeding without delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of property or stockpiling of material on the site shall not constitute actual construction.
If no building permit is issued within one year of site plan approval, or if the building permit expires before commencement of construction or completion of the structure for which the permit was issued, the site plan shall be deemed null and void and a new site plan shall be required.
An applicant may petition the City Council for an extension of an approved site plan for a period not to exceed 12 months, so long as the petition has been received by the City no later than 12 months from the date of the original site plan approval. Requests received later than 12 months following the City Council’s approval shall not be considered.
To ensure site plan improvements, including, without limitation, landscaping and waste enclosures, are completed in accordance with the approved site plan, the Council may require that a letter of credit in an amount deemed sufficient by the City Finance Director be provided to the City as a condition of site plan approval and before the issuance of any building permit for the project.

Subdivision 8. SUBMITTAL REQUIREMENTS

Site plans shall be prepared by a qualified and licensed civil engineer and shall include, but are not limited to, the following information:

Plans drawn to scale showing dimensions
Applicant name
Project name, if any
Complete legal description including size of parcel in square footage or acreage
Zoning of the surrounding properties
Property lines of the project site labeled in square feet or acres
Location and dimensions for all proposed and existing buildings
Distances from all existing and proposed structures to property lines
Right-of-way width for streets abutting site
Exterior lighting locations, fixture type and foot candle levels
Location of existing and proposed entrances and sidewalks, exits and curb cuts, ingress, egress
Locations of recycling and refuse containers and enclosures
Storm water drainage flows indicated by arrows, elevation points or existing/proposed contours; pond dimensions and locations where required
Bike and pedestrian circulation, parking, and safety measures
Bus line and stops adjacent to site, if any
Location of proposed vegetation
Type and size of landscaping material
Front yard, side yard, and rear yard setbacks
Land to building ratio
Height of building
Number of off-street parking spaces, indicating designated accessible spaces and locations
Location of all public utilities:

Curb lines

Water lines

Sewer lines

Storm sewer catch basins

Easements

Emergency access

Telephone

Fiber optic

Gas

Electric

Cable

SECTION 10.07 AGRICULTURAL DISTRICT, A-1.

Subdivision 1. Permitted Uses. The following are permitted uses in an A-1, Agricultural District:

A. Agricultural land uses excluding dairy cows, poultry, hogs, livestock or other animals.

B. Horticultural uses such as tree farms and nurseries.

C. Existing conventional residences on lots of record.

D. Golf courses with club houses.

Subdivision 2. Permitted Accessory Uses. The following are permitted accessory uses in an A-1, Agricultural District:

A. Temporary buildings.

B. Parking for the sale of agricultural or horticultural products on a seasonal basis.

C. Private garages not higher than 15 feet when detached, provided that the exterior covering materials on the roof and side walls are the same or similar to the roof and side wall materials on the principal structure. This standard does not apply to storage buildings having a floor area less than 120 square feet.

D. Customary, incidental home occupations as regulated under Section 10.08, Subdivision 2. F.

E. Public Utility Structures.

F. Non-commercial Towers for private television antenna use.

G. Hoop/Tubular Frame Buildings as an accessory to Horticultural uses; retail sales are prohibited.

Subdivision 3. Uses by Conditional Permits. (See Also Section 10.17). The following uses are subject to a Conditional Use Permit in an A-1, Agricultural District:

A. Agricultural uses involving dairy cows, poultry, hogs, livestock or other animals.

B. Structures for storage of agricultural machinery, fuel, and agricultural products.

C. Commercial Kennels provided that:

1) No dogs on the kennel site shall be debarked. No shock collars will be used to control barking.

2) A cremation or rendering service must be used for the removal of dead animals. A dead animal box must be employed to shield the view of same from public view.

3) The USDA kennel license must be maintained at all times. The owner must be in compliance with all federal, state, and local statutes and permit requirements at all times. If at any time the kennel owner is convicted of violating such statutes, the City Council may revoke the Conditional Use Permit.

4) Kennels must be located on a lot containing a minimum of five (5) acres;

5) Kennels or shelters and dog runs requires a minimum 100 foot setback from any property line and 500 feet from any pre-existing residence, except that of the kennel owner;

6) Outdoor commercial kennel areas shall be fenced. Fencing shall consist of durable materials, with a minimum height of six (6’) feet, and shall deter dogs from escaping over, under, or through fence materials;

7) Supervision and monitoring of the site must be continuously maintained, either by having the owner or caretaker living on-site, or through electronic monitoring which, at a minimum, means monitoring for power outages, fire, and temperature.

8) The following information is submitted with Conditional Use Permit application:

i. Specify the species and maximum number of animals that will be at the site;

ii. A statement that all animals at the property will have current vaccinations;

iii. Identify the location and size of all existing and proposed physical improvements, such as buildings, dog runs and/or outside exercise areas, parking area, and other physical improvements;

iv. A manure management plan;

v. Information must be provided on how the owner will handle on-site kennel wash water. All kennel owners shall provide proper drainage for indoor and outdoor facilities and which shall be maintained in a healthful manner. Show proposed surface drainage in relation to adjacent land owners and features.

9) Commercial Kennels shall have no more than 30 animals, of any age, total.

10) Conditions that may be imposed on the Commercial Kennel may include, but are not limited to:

i. Vegetative buffer strips to be used as noise barriers,

ii. Restriction on the number of permitted dogs including the number of breeding females and intact males,

iii. Restricted hours for the use of outside exercise areas,

iv. Location on-site of outdoor exercise areas,

v. Records need to be kept on-site, or at an identified veterinarian office, and produced upon request;

vi. Area requirements for indoor exercise areas.

Subdivision 4. Area, Height, Frontage and Yard Requirements. There are no requirements in an A-1, Agricultural District.

A. Site Plan Required. The following A-1 conditional and permitted uses require site plan approval pursuant to Section 10.06A of this Chapter: golf courses with club houses and commercial kennels.

Subdivision 5. Signs. Signs may be erected only as permitted by Section 10.16 of this Chapter 10.

SECTION 10.08 SINGLE FAMILY RESIDENCE DISTRICT, R-1.

Subd. 1. Permitted Uses. The following are permitted uses in an R-1, Single Family District:

A. One-family detached dwellings, including earth sheltered homes and one-family manufactured homes built in conformance with Minnesota Statutes, Chapter 327.31-24, provided the following design standards are met to ensure a favorable comparison with existing housing:

1. Permanent, concrete or treated-wood foundations with basements which will anchor the structure.

2. Roof lines must have at least a 3/12 pitch; flat or shed-type roofs are not permitted.

3. The minimum dimension of any exterior wall shall be 24 feet.

4. Metal siding is permitted with no exposed fasteners and overlapping in sections not wider than 16 inches. Sheet metal siding is not permitted.

5. The connection to city utilities is required, with no exterior fuel tanks.

6. New single family homes constructed on lots platted before February 1, 1965 must conform to the architecture and traditional character of the existing neighborhood. Prior to receiving a building permit, property owners shall submit building plans to the City's Housing Advisory Committee for review and approval to ensure compliance with this ordinance.

a) The Housing Advisory Committee will review the compatibility of several architectural characteristics including, but not limited to:

1. Roof lines;

2. Porch/Stoop;

3. Garage location;

4. Glazing;

5. Building height;

6. Building materials and colors.

b) A fee established by the City Council must be submitted along with the application for architectural review.

c) Decisions of the Housing Advisory Committee may be appealed to the Board of Adjustment in accordance with the procedures set forth in Section 10.17C, Subdivision 2 of the City Code, except that such appeals shall be taken within ten (10) days after the date the decision of the Housing Advisory Committee

7. All building permits for new single family homes and homes that are moved onto an existing single family lot shall be accompanied by a certificate of survey which shall include the items detailed in Section A and B below.

A. Certificate of Survey Requirements:

1. Two 11 x 17 Certificate of Survey copies

2. Scale of drawing, north arrow, and property legal description, PIN and address

3. Names of all abutting streets, dimensions of all lot lines, and easements of record

4. Date of survey completion and Land Surveyor license number and signature

5. Location of proposed and all existing structures on property including house, garage, driveways, sheds, decks, and locations of curb and gutters

6. Location of primary structure/house on adjacent properties

7. If applicable, identification of all floodplain areas and 100-year flood elevations with locations and boundaries of all delineated wetlands, with high water level elevations of all ponds, lakes, or other water areas on property or adjacent to property

8. Dimensions of existing and proposed house, garage, sheds, driveways, decks

9. Elevations of lot, lot corners, house, garage, driveway, decks

10. Elevations of top of garage floor, top of basement floor, and top of block elevation

11. Elevations of first floor and top of garage floor of primary structures/houses on adjacent properties (vacant adjacent properties shall be labeled as such)

12. Benchmark locations and elevations

13. Building setbacks (front, rear, and all sides) to all property lines and adjacent structures of all proposed structures

14. Percent of impervious surface on property

15. Grade of driveway

16. Drainage information with spot elevations and drainage arrows

17. Placement and method of erosion control, including the location of the construction rock entrance

18. Location of stakes as detailed in Section B, below

19. Additional information as requested and evaluated by City staff

B. Residential Staking Requirements:

1. All stakes shall be established by a registered and currently licensed land surveyor and shall be placed at the following locations:

a. along each side property line at the front building line; and, rear building line.

b. near the front of the building excavation indicating the proposed elevation of the top of the building foundation.

c. On the side yard setback lines if the proposed structure will be located on or within one (1) foot of a side yard setback line.

2. The maintenance of these stakes, once established by the surveyor, shall be the responsibility of the building permit applicant.

3. Placement of stakes shall be reviewed by the Building Department as part of the footing inspection.

B. A state licensed residential facility serving 6 or fewer persons, a licensed day care facility serving 12 or fewer persons, or a group family day care facility licensed under Minnesota Rules Parts 9502.0315 to 9502.0445 to serve 14 or fewer children, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use, as required by Minnesota Statutes Chapter 462.357 Subdivision 7, as amended from time to time.

C. The temporary use of a one-family dwelling as a two-family dwelling after the granting of a variance in accordance with Minnesota Statutes, Chapter 462.357, Subdivision 6. 2.

D. Religious institutions such as churches, chapels, temples and synagogues, and mortuaries.

E. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Sauk Rapids opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings.

Subdivision 2. Permitted Accessory Uses. The following are permitted accessory uses in an R-1, Single Family District:

A. Private garages less than 900 square feet in area and not higher than 15 feet when detached, provided that the exterior covering materials on the roof and side walls are the same or similar to the roof and side wall materials on the principal structure.

B. Storage buildings, not higher than then 15 feet, used for the storage of domestic supplies and equipment owned/leased by the occupants of the principal structure and having a floor area of less than 120 square feet. Hoop/Tubular Frame Buildings shall not be permitted as a storage building or for any other use within any residential district within the City.

C. Private conservatories for plants and flowers (not including the sale thereof). Not to exceed 150 square feet in area and not higher than 8 feet for Hoop/Tubular Frame buildings. Not to exceed 150 feet in area and not higher than 12 feet for all other style buildings.

D. Not more than 2 lodging rooms provided the dwelling is owner-occupied.

E. Off-street parking and loading as required under Subdivision 6 of this Section.

F. Customary, incidental home occupations meeting the following requirements:

1. Permitted home occupations shall not be conducted in any building on the premises other than the building which is used by the occupant as the private dwelling; further, not more than one room may be used for such home occupation purposes.

2. Permitted home occupations shall not include the employment, on the premises, of any persons not residing on the premises nor the use of mechanical equipment on the premises (excluding computer equipment and related printers), and further, shall not include exterior display of signs except as permitted by Section 10.16 of this Chapter.

3. There shall be no exterior storage of equipment or materials used in permitted home occupations.

4. Permitted home occupations shall not include any of the following:

a. More than 1 office for a resident professional or business activity.

b. The operation of any wholesale or retail business unless it is conducted entirely by mail and does not include the sale, shipment or delivery of merchandise to or from the premises.

c. More than 1 chair barber shops or more than 1 chair beauty salons, or dancing or music lessons with more than 6 pupils at a time.

G. Private swimming pools with fences that prohibit unauthorized entry. For an in-ground pool, an automatic pool cover can be used in lieu of fencing requirements provided it is certified and complies with ASTM (American Society of Testing and Materials) F1346-91 standard, or successor standard.

H. Kennels, used to house pets owned by the occupants of the principal structure, located no further than 15 feet from the principal structure and no closer than 10 feet from any adjoining property lot line.

I. Satellite dishes no greater than one meter (39.37 inches) in diameter.

J. Moving or garage sales not held more than 2 times per calendar year for periods of a maximum of 3 days.

K. Non-commercial towers supporting private television antennas.

L. Rooftop Solar Panels providing they do not create glare for neighboring properties or the public right of way.

Subdivision 3. Uses by Conditional Permits. (See also Section 10.17, Subdivision 1.) The following uses are subject to a Conditional Use Permit in an R-1, Single Family District:

A. Townhouses with less than 4 dwelling units and twin homes.

B. Accessory apartments which comply with the Building Code and the following conditions in addition to any other conditions the City may establish:

1. The structure must be owner-occupied, or obtain an Interim Use Permit from the City Council that would allow non-homesteaded ownership to ensure the degree of control over density, maintenance, and property values in an R-1 neighborhood so that the structure does not become primarily income property.

2. Lots platted before February 1, 1965 must have a minimum lot area of 7,000 square feet, and lots platted after February 1, 1965 must have a minimum lot area of 9,000 square feet.

3. 1 paved off-street parking space shall be provided in addition to normal parking requirements for the district.

4. There shall be no more than 1 accessory apartment with 1 bedroom and 1 occupant per principal structure.

5. No attached or detached garage may be converted to living space to accommodate an accessory apartment.

6. The owner(s) of the principal structure in which the accessory apartment is located must occupy at least 65% of the structure.

7. The Building Inspector shall inspect the apartment and confirm that it meets the Building Code prior to the City=s review of the request.

8. No exterior changes may be made to the structure until the applicant submits exterior elevation drawings which show that the changes are architecturally compatible with the adjacent properties and consistent with the City Code and are approved by the City.

9. Accessory apartments will be allowed only within the following areas:

a. Between Third Avenue South and South Broadway; and between the Burlington Northern Railroad tracks and southern city limits; or

b. Between Third Avenue and Benton Drive; and Eighth Street North and Fifth Street South.

C. Home occupations as defined by this Chapter 10, which do not conform to Subdivision 2. F. of this Section will be required to apply for a Conditional Use Permit if new, or upon the sale of the property, if existing.

D. The deposit or removal of debris, dirt, or fill (not including the extraction or mining of rock, minerals, gravel or sand for resale purposes or the deposit of domestic, commercial, industrial, or toxic waste, hazardous substances, or compost) over 30 cubic yards. Said Conditional Use shall require a finished grading plan which will not adversely affect the development of the surrounding land. Upon the issuance of the Conditional Use Permit, the applicant shall enter into an agreement with the City, properly secured by a performance bond guaranteeing that the affected property shall be left in a satisfactory condition as shown on said plan.

E. Publicly owned structures such as, but not limited to, city offices, public safety buildings, historical buildings, and primary and secondary schools accredited by the State Department of Education.

F. Public or private utility service structures designed and used to serve the families in the surrounding area such as electrical power substations, telephone buildings, deep wells, elevated tanks and similar structures and uses.

H. Solar energy apparatus and satellite dishes exceeding one meter (39.37 inches) in diameter, provided they will not cast shadows and obstruct solar access or cause wind deflection to a contiguous property, and, provided also that when constructed, the height of the apparatus is not greater than the distance to existing or probable structures on contiguous property in the event it would fall. This part excludes rooftop solar.

I. Temporary buildings during periods of construction of principal structures.

J. Towers supporting amateur radio antennas when located in the rear yard.

K. Towers supporting commercial antennas and conforming with Section 10.15A of this Ordinance and limited to the following:

1. Church sites, when camouflaged as steeples or bell towers;

2. On government, school and institutional buildings.

L. Small cell wireless facilities with a valid permit in compliance with the provisions of Section 10.15B of this Ordinance. Small cell wireless facilities are prohibited on decorative light poles and streetscaping within the public right of way.

Subdivision 4. Area, Height, Frontage and Yard Requirements. The following minimum requirements shall be observed on all lots:

A. Lot Area. The lot area shall be at least 9,000 square feet, except lots platted before February 1, 1965 shall be at least 6,000 square feet, and lots platted between February 1, 1965 and July 21, 1997 shall be at least 8,000 square feet.

B. Lot width. The lot width shall be a minimum of 75 feet at established building line and 30 feet at the front lot line, except lots platted before February 1, 1965 shall have no lot width requirement and lots platted between February 1, 1965 and shall be a minimum of 65 feet at the established building line and 30 feet at the front lot line.

C. Side yard setback. For lots platted prior to February 1, 1965 the side yard setback is 5 feet, and for lots platted after February 1, 1965 the side yard setback is 10 feet for any principal structure, except that:

1. The side yard setback on all corner lots shall be 10 feet;

2. There may be a 5 foot setback adjacent to any portion of an attached non-occupied garage;

3. There may be a 5 foot setback for any accessory building on the lot;

4. The side yard setback for decks shall be five feet; or

5. Where the property is served by an alley or service road the setback shall be 18 feet for structures which can be used as garages where the vehicle entrance faces the alley or service road.

D. Lot depth. The lot depth shall be 120 feet, except for lots platted before June 6, 1977, which have no lot depth requirement.

E. Front yard setback. The front yard setback shall be 25 feet. The City Building Inspector may vary this requirement to provide for previously established building lines with right of appeal to the City Council.

F. Rear yard setbacks. The rear yard setback shall be 1/4 of the lot depth, except for accessory buildings, which shall be set back 3 feet from the rear lot line or 18 feet if it can be used as a garage with the vehicle entrance facing the rear lot line. For corner lots and irregular shaped lots the rear yard setback shall not be less than 18 feet.

G. Floor-area-ratio. The floor-area-ratio shall not exceed .35; which means not more than 35% of the lot area may be used for floor areas of all buildings on the lot.

H. Height. No structure or building shall exceed 35 feet above grade. No structure or building shall exceed 28 feet on a lot platted before February 1, 1965. “A Frame” type houses shall have a peak no higher than 40 feet from the grade plane.

I. Conditional Uses. Any Conditional Use other than a townhouse, twin home or accessory apartment shall be located at least 40 feet from the side lot line.

J. Site Plan. With the exception of one-family detached dwellings, all other structures shall require site plan approval pursuant to Section 10.06A of this Chapter.

Subdivision 5. Signs in a Residential District. Signs may be erected only in accord with Section 10.16 of this Chapter 10.

Subdivision 6. Off-Street Parking.

A. 2 parking spaces per single family unit are required with 1 additional off-street parking space per room for a boarder or person other than a family member.

B. Parking spaces must be set back from adjoining property lines by a minimum of 18 inches.

Subdivision 7. Fences.

A. Fence Height:

1. Fences shall be limited to 4 feet in height from the front of the dwelling to the front property line and shall be ornamental or picket style. Ornamental fences shall include fences constructed of aluminum, wrought iron or steel.

2. Fences shall be limited in height to 8 feet from the front of the dwelling to the rear yard setback.

3. Chain link fences may not exceed 4 feet except in public parks when used in relation to athletic fields.

B. Fence Location:

1. Fences may be constructed up to, but not on the property line, except a 3 foot setback is required from an alley right-of-way.

2. The framing side of wooden and plastic/vinyl fences shall face inward rather than outward.

3. On corner lots, fences may not be placed within 15 feet of the edge of the roadway or on public right-of-way, whichever is greater.

C. Fence Materials:

1. Fence must be constructed of lumber, iron, maintenance free type material such as vinyl/plastic, or rust free chain link. Maintenance free type material shall include vinyl, plastic, wrought iron, aluminum, steel, and rust resistant chain link.

2. The following materials are prohibited for fences:

a. Barbed wire and electrical fences

b. Razor wire

c. Creosote lumber

d. Masonry, except when less than 30 inches in height

e. Chicken wire

f. Deer fencing

g. Woven or welded wire

h. Plastic webbing, except when used for temporary traffics, police or erosion control.

D. Construction and Maintenance:

1. All wood fences, other than those constructed out of redwood or cedar, shall be sealed, stained, or painted upon completion of construction and all wood fences routinely thereafter.

2. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance. Any such fence, which is, or has become dangerous to the public safety, health, or welfare, is a public nuisance and shall be removed or repaired. Any fence shall be a public nuisance of it does not comply with the following requirements:

a. The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse.

b. The fence shall be free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence.

c. The fence shall be free from any defects or conditions which makes the fence hazardous.

d. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including but not limited to paint or protective covering or treatment on more than twenty (20) percent of any one linear ten-foot section of the fence.

E. Non Conforming Fences

Fences that are non-conforming in any way shall not be reconstructed unless they are made conforming.

Subdivision 8 Restricted Accessory Uses.

A. Portable Storage Containers. Portable storage containers shall not remain on a residential property for more than 30 days. If such container is to be used for a prolonged period of time, due to construction or other extraordinary circumstances, residents may request an extension from the City Administrator. New Construction projects are exempt for the time that they have a valid building permit.

SECTION 10.09 TWO FAMILY RESIDENCE DISTRICT, R-2.

Subdivision 1. Permitted Uses. The following are permitted uses in an R-2, Two-Family District:

1. Permanent, concrete or treated-wood foundations with basements which will anchor the structure.

2. Roof lines must have at least a 3/12 pitch; flat or shed-type roofs are not permitted.

3. The minimum dimension of any exterior wall shall be 24 feet.

4. Metal siding is permitted with no exposed fasteners and overlapping in sections not wider than 16 inches. Sheet metal siding is not permitted.

5. The connection to city utilities is required, with no exterior fuel tanks.

6. All building permits for new single family homes and homes that are moved onto an existing single family lot shall be accompanied by a certificate of survey which shall include the items detailed in Section A below.