City of Porter, Minnesota Ordinances

Porter City Ordinances

PART 15: LAND USE

Chapter

150. ZONING

151. FIRE DAMAGED PROPERTY

CHAPTER 150: ZONING

Section

Title and Application

150.001 Title

150.002 Intent and Purpose

150.003 Standard, Requirement.

150.004 Minimum Requirements.

150.005 Conformity with Provisions.

150.006 Zoning permits.

150.007 Conditional Uses, Variances.

150.008 Uses Not Provided for Within Zoning Districts.

150.009 Separability.

150.010 Rules.

Definition of Terms

150.15 Definitions.

General District Provisions

150.020 Establishment of Districts.

150.021 Map.

150.022 Annexation &Detachment.

150.023 Zoning District Boundaries

150.024 District Regulations.

150.025 Setbacks.

"A-O" Agriculture – Open Space District

150.030 Purpose.

150.031 Special Requirements.

150.032 Permitted Uses.

150.033 Conditional Uses.

150.034 Accessory Uses.

150.035 Minimum Lot Size.

150.036 Front, Side and Rear Yard Requirements.

150.037 Maximum Building Heights.

"R-1" General Residential District

150.050 Purpose.

150.051 Permitted Uses.

150.052 Conditional Uses.

150.053 Accessory Uses.

150.054 Minimum Lot Size

150.055 Front, Side and Rear Yard Requirements.

150.056 Maximum Building Heights.

"B-1" General Business District

150.080 Purpose.

150.081 Special Requirements.

150.082 Permitted Uses.

150.083 Conditional Uses.

150.084 Accessory Uses.

150.085 Minimum Lot Size.

150.086 Front, Side and Rear Yard Requirements.

150.087 Maximum Building Heights.

"I-1" General Industrial District

150.095 Purpose.

150.096 Special Requirements.

150.097 Permitted Uses.

150.098 Conditional Uses.

150.099 Accessory Uses.

150.100 Minimum Lot Size.

150.101 Front, Side and Rear Yard Requirements.

150.102 Transitional Yard Requirements.

150.103 Performance Standards.

150.104 Regulations on Screening.

"PUD" Planned Unit Development District

150.115 Purpose.

150.116 Requirements:

150.117 Procedure.

150.118 Amendments and Control.

General Provisions

150.125 Purpose.

150.126 Dwelling Unit Restrictions.

150.127 Building Restrictions.

150.128 Land Reclamation.

150.129 Mining.

150.130 Fencing, Screening, and Landscaping.

150.131 Nuisances and Blight.

150.132 Junk Yards.

150.133 Vision Clearance at Corners, Curb Cuts and Railroad Crossings.

150.134 Performance Standards.

150.135 Lighting.

150.136 Public Water Alteration.

150.137 Manufactured Homes.

150.138 Home Occupations.

Yard, Area and Building Size Regulations

150.145 Purpose.

150.146 Yard Requirements.

150.147 Building Size and Architectural Requirements.

150.148 Accessory Structures, Uses and Equipment.

Manufactured Home Parks

150.155 Purpose.

150.156 Conditional Uses.

150.157 Accessory Uses.

150.158 Regulations.

Signs

150.180 Purpose of Intent.

150.181 Definitions.

150.182 Permits Required.

150.183 Application for Permit.

150.184 General Provisions Applicable to all Signs.

150.185 Prohibited Signs.

150.186 Permitted Sign Requiring No Permit.

150.187 District Regulations for Signs.

150.188 General Provisions Regulating Use of Artificial Light Sources for Signs.

150.189 Non-Conforming Signs.

150.190 Abatement.

150.191 Appeals.

150.192 Variances.

Off-street Parking and Loading

150.200 Purpose.

150.201 Scope of Regulations.

150.202 Calculating Space.

150.203 Site Plan.

150.204 Site Plan Criteria.

150.205 Reduction and Use of Parking and Loading Space.

150.206 Parking of Commercial Vehicles or Equipment.

150.207 Parking and Storage of Certain Vehicles.

150.208 Maintenance.

150.209 Stall, Aisle and Driveway Design.

150.210 Number of Required Parking and Loading Spaces.

150.211 Joint Facilities.

150.212 Off-street Loading Facilities.

Nonconforming Buildings, Structures and Uses

150.220 Purpose.

150.221 Regulations

Administration and Enforcement

150.225 Administrating Officer.

150.226 Duties of the Administrator.

150.227 Zoning Permit Required.

150.228 Other Fees.

Amendments and Conditional Use Permits

150.235 Procedure.

150.236 Lapse of Conditional Use Permit by Non-Use.

150.237 Amendments.

150.238 Initiation of Proceedings.

150.239 Required exhibits for rezoning initiated by property owners.

Variances and Appeals

150.245 Purpose.

150.246 Procedures on Variances.

150.247 Standards for Granting Variances.

150.248 Conditions and Restrictions.

150.249 Finding of Fact.

150.250 Appeals Procedures.

150.251 Lapse of Variance or Appeal.

Penalties and Violations

150.900 Penalties

Title and Application

§ 150.001 TITLE

This Ordinance shall be known as the “City of Porter Zoning Ordinance," except as referred to herein where it shall be known as "this Ordinance."

§ 150.002 Intent and Purpose

The intent of this Ordinance is to protect the public health, safety and general welfare of the City and its people through the establishment of minimum regulations governing land development and use. This Ordinance shall divide the City into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to provide for administration of the Ordinance, to provide for amendments; to prescribe penalties for violation of such regulations; to define powers and duties of the City Staff, the Planning Commission, and the City Council in relation to the Zoning Ordinance.

§150.003 Standard, Requirement.

Where the conditions imposed by any provisions of this Ordinance are either more or less restrictive than comparable conditions imposed by other ordinances, rule or regulation of the City, the ordinance, rule or regulation which imposes the more restrictive condition standard or requirements shall prevail. In the event of any conflict between this Ordinance with any private restrictions, protections and covenants, the provisions of this Ordinance shall apply.

§ 150.004 Minimum Requirements.

In their interpretation and application, the provisions of this Ordinance shall be held to the minimum requirements for the promotion of the public health, safety and welfare.

§ 150.005 Conformity with Provisions.

No structure shall be erected, moved, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this Ordinance.

§ 150.006 Zoning permits.

Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no zoning permit shall be granted that does not conform to the requirements of this Ordinance.

§ 150.007 Conditional Uses, Variances.

Nothing within this Ordinance shall be construed so as to deny and prohibit the property owner the right to apply for a conditional use permit or variance.

§ 150.008 Uses Not Provided for Within Zoning Districts.

Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the City Council or the Planning Commission, on their own initiative or upon request, may determine if the use is acceptable and if so what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, shall, if appropriate, initiate an amendment to the Zoning Ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the City.

§ 150.009 Separability.

It is hereby declared to be the intention of the City that the several provisions of this Ordinance are separable in accordance with the following:

(A) If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment.

(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

§ 150.010 Rules.

The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction.

(A) The singular number includes the plural, and the plural the singular.

(B) The present tense includes the past and the future tenses, and the future the present.

(D) The masculine gender includes the feminine and neuter.

(E) The words "used" or "occupied" shall include within their meaning "intended, arranged, or designed to be used or occupied."

(F) Any word or term not defined herein shall have the meaning indicated by common dictionary definition or as defined elsewhere in the city code.

DEFINITION OF TERMS

§ 150.015 Definitions.

The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined.

Abutting. Having a common border with or being separated from such a common border by a right-of-way, alley or easement.

Accessory Building. An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.

Accessory Use. A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with, such primary use.

Agricultural Uses. Those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub or flower nursery without building; truck gardening; roadside stand for sale in season; and livestock raising and feeding; but not including fur farms and commercial animal feed lots.

Alley. Any public way or thoroughfare which has been dedicated or deeded to the public for public use.

Alteration. Any change, addition or modification in construction, occupancy or use.

Amendment. A change in the wording or substance of this Ordinance or a change in the boundaries or classifications upon the official zoning map.

Apartment House. Any building or portion thereof which contains three or more dwelling units and, for the purpose of this code, includes residential condominiums.

Artificial Obstruction. Any obstruction which is not a natural obstruction.

Automotive Repair, Major. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a completely enclosed building.

Automotive Repair, Minor. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups and transmission work, provided it is conducted within a completely enclosed building.

Automobile Sales Area. An open area, other than a street, used for the display, sale or rental of new or used automobiles, trailers or trucks, where no repair work is done except minor, incidental repair to vehicle for display. Vehicles must be capable of operation under their own power at all times.

Automotive Service Station. The portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks or motor vehicles. Accessory activities may include automotive repair and maintenance, car wash service and food sales.

Basement. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

Bed and Breakfast Facility. A limited commercial activity, occurring within any zone, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging and for compensation.

Boarding House. A dwelling containing a single dwelling unit and not more than 10 guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.

Boathouse. A structure used solely for the storage of boats or boating equipment.

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

Buildable Area. The portion of a lot remaining after required yards have been provided.

Building Height. The vertical distance to be measured from the mean ground level to the top of a flat roof, to the mean distance of the highest gable on pitched or hip roof, to the deckline of a mansard roof, to the uppermost point on other roof types.

Building Line. The perimeter of that portion of a building or structure nearest a property line, including overhangs but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.

Building, Main. A building in which the principal use of the site is conducted.

Building, Temporary. A building used temporarily for the storage for construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

Building Setback. The minimum horizontal distance between the building and the specified lot line as prescribed in this Ordinance.

Business. Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.

Campground. An area accessible by vehicle and containing campsites or camping spurs for tent and trailer camping.

Cellar. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Club or Lodge. A club or lodge is a non-profit association of persons who are bona-fide members paying annual dues, use of premises being restricted to the serving of food and meals on such premises providing that adequate dining room space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, providing such serving is secondary and incidental to the operation of the dining room for the purpose of serving food and meals and providing further that such serving of alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

Commercial Agricultural. The use of land for the growing and/or production of field crops, livestock and livestock products.

Commercial Recreation. Bowling alley, cart track, golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, tavern, theater, firearms range, boat rental, amusement rides, campgrounds, deer park, and similar uses for which fees are charged for admission or use of the facility.

Commercial Uses. All permitted, conditional and accessory uses allowed in the "B-1" districts.

Comprehensive Plan. The declaration of purposes, policies and programs for the development of the jurisdiction if so adopted. Also called the General Plan.

Conditional Use. A use, which because of special problems of control requires reasonable, but special, unusual and extra-ordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the County’s Comprehensive Plan.

Conditional Use Permit. A permit issued by the Council in accordance with procedures specified in this Ordinance, as well as its compatibility with the County’s Comprehensive Plan, as a flexibility device to enable the City Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

Condominium. A multiple dwelling containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes, Sections 515.01 to 515.19, as amended.

Congregate Residence. Any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter,

convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.

Convalescent Center. A facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.

Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

Coverage. Lot covered by principal and accessory use structures.

Day Care - Group Nursery. A service provided to the public, in which children of school or pre-school age are cared for during established business hours Minnesota Statutes, Section 245A.01 to 245A.18.

Density. The number of dwelling units which are allowed on an area of land, which area of land may include dedicated streets contained within the development.

Department Store. A business which is conducted under a single owner’s name wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

District. A section or sections of the City for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.

Drive-in Establishment. An establishment which accommodates the patron’s automobile from which products purchased from the establishment may be consumed.

Driveway. A private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.

Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family.

Dwelling, Duplex. A building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.

Dwelling, Multiple-Unit. A building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.

Dwelling, Single Family. A detached dwelling unit designed for occupancy of one (1) family.

Easement. That portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement may be for use under, on or above said lot or lots.

Essential Services. Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal system including poles, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants or the similar equipment and accessories in conjunction therewith.

Family. An individual or two or more persons related by blood, marriage or adoption or a group of not more than five (5) unrelated persons living together as a single housekeeping unit.

Farm. A tract of land ten (10) or more acres which is principally used for commercial agriculture, all of which is owned and operated by a single family, farm corporation, individual or corporation.

Farm Animals. Those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, farm animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.

Farm Dwelling. A single family dwelling located on a farm which is used or intended for use by the farm’s owner, a relative of the owner, or a person employed thereof.

Fence. A barrier forming a boundary.

Floor Area. The sum of the gross horizontal area of the several floors of the building, measured from the exterior faces of the exterior walls.

Garage - Private. An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the occupants at the building to which it is accessory.

Garage - Public. A building or portion of a building, except as herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and which any sale of gasoline, oil and accessories is only incidental to the principal traffic.

Governing Body. The governing body shall be defined as the City Council.

Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

Grading. Changing the natural or existing topography of land.

Greenbelt. A planned barrier consisting of dense vegetation used for the purpose of separation and screening of land uses.

Greenhouse. A building with a roof and walls of glass often heated and used for growing flowers and plants that need warmth.

Growth Management Systems. The goals, policies, programs, ordinances, and regulations used to guide the City’s growth and development, if so adopted by the City.

Guest Room. A room occupied by one (1) or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily.

Habitable Space (Room). Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

Home Occupation. Any occupation or profession carried on by a member of the family residing on the premises, provided that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling.

Hospital. An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices, but not including clinics or health-care centers.

Household Pets. Dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens, etc.

Industrial Use. All permitted, conditional and accessory uses allowed in the "I-1" district.

Lot. Land occupied or to be occupied by one (1) principal building or use and its accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, having not less than the minimum area required by this Ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the Council.

Lot (Of Record). A parcel of land, whether subdivided or otherwise legally described of record as of the effective date of this Ordinance, or approved by the City as a lot subsequent to such date and which is occupied by or intended for occupancy by one (1) principal building or principal use together with any accessory buildings and such open spaces as required by this Ordinance and having its principal frontage on a street, or a proposed street approved by the Council.

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

Lot, Corner. A lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed 135 degrees.

Lot Depth. The mean horizontal distance measured between the front and rear lot lines.

Lot, Frontage. In the case of an interior lot, the front of a lot shall be that boundary abutting a public right-of-way; in the case of a corner lot, the front of a lot shall be that boundary having the least frontage on a public right-of-way.

Lot, Interior. A lot other than a corner lot.

Lot, Irregular. A lot whose opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.

Lot, Line. A property boundary line of any lot held in single or separated ownership, except that where any portion of the lot extends into the abutting street or alley right-of-way.

Lot, Through. A lot fronting on two parallel streets.

Lot, Rear. A lot line opposite and most distant from the front lot line and, in the case of a triangular or gore-shaped lot, a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot, Width. The mean horizontal distance between the side lot lines measured at right angles to the lot depth.

Manufactured Home. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the manufactured home building code established by Minnesota Statute 327.31.

Manufactured Home Park. Any site, lot, field or tract of land upon which two or more occupied manufactured homes are located and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park.

Manufacturing - Heavy. The manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. Manufacturing activities associated with the "I-1" District.

Manufacturing - Light. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibration or other objectionable influences that extend beyond the lot on which the use is located. Manufacturing activities associated with the "I-1" District.

Mining Operation. The removal from the land of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products or other material for commercial, industrial, or governmental purposes.

Mobile Home Park. A tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more manufactured homes.

Motel, Hotel. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

Mortuary, Funeral Home. An establishment in which the dead are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.

Nonconforming Lot. A lot whose width, area or other dimensions did not conform to the regulations when this Ordinance became effective.

Nursing Home (Rest Home). A building having accommodations where care is provided for two (2) or more invalids, infirm, aged convalescent or physically disabled persons that are not of the immediate family, but not including hospitals, clinics, sanitariums, or similar institutions as defined by Minnesota Statutes Section 144.951, as amended.

Off-Street Loading Space. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one (1) truck of the type typically used in the particular business.

Open Sales Lot. Any open land used or occupied for the purpose of buying, selling and/or renting merchandise and for the storing of same prior to sale.

Open Space. Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.

Parcel. A continuous quantity of land in the possession of or owned by or recorded as the property of the same person or persons.

Park. A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.

Parking Area, Public. A structure or an open area, other than a public street or alley, designed or used for the temporary parking of automobiles and available for public use, whether free, for compensation, or as an accommodation for customers or clients.

Parking Space, Off-Street. A space located off any public right-of-way which is adequate in size for parking of any automobile with room to get out on either side of the vehicles, with adequate maneuvering space, and with access to a public street or alley.

Permitted Use. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.

Person. An individual, firm, partnership, association, corporation, organization or trust of any kind.

Personal Service. A business which is neither the practice of a profession nor dealing primarily with the sale of products as stock-in-trade on the premises.

Planned Unit Development (PUD). A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, may be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.

Planning Commission. The planning agency of the City, designated by the City Council.

Plot Plan. A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.

Profession. An occupation or calling requiring the practice of an art or science through specialized knowledge based on a degree issued by an institution of higher learning.

Public Improvement. Work within dedicated right-of-way or easements.

Public Services. Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.

Public Uses. Uses owned or operated by municipal, school districts, county, state or other governmental units.

Public Way. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

Recreation, Indoor. An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food and beverages and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, rollerskating or ice skating, billiards, pool, motion picture theaters, and related amusements.

Recreation, Outdoor. An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures, used primarily for recreational activities.

Recreational Camping Area. Any area used on a daily, nightly, weekly or longer basis for the accommodation of three or more units consisting of tents, travel trailers and whether use of such accommodation is granted free of charge or for compensation.

Recreational Vehicle. A vehicular unit, other than a mobile home, whose gross floor area is less than 320 square feet, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.

Religious, Cultural and Fraternal Activity. A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.

Renovation. Interior or exterior remodeling of a structure, other than ordinary repair.

Restaurant. An establishment which provides food for on-premises consumption.

Restaurant, Drive-In. A restaurant which serves food to customers seated in vehicles.

Salvage Yard. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.

Screened. Concealed or cut off from visual access.

Selective Cutting. The removal of single scattered trees.

Setback. The minimum required distance between the property line and the building line.

Sewage Disposal System. Any system for the collection, treatment and dispersion of sewage, including but not limited to septic tanks, soil absorption systems, and drain fields.

Shopping Center. An integrated grouping of commercial stores, under single ownership or control.

Sign. An advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.

Site Plan. A plan which outlines the use and development of any tract of land.

Slope. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

Story. That portion of a building included between the upper surface of any floor and upper surface of floor next above, except that the topmost story shall be that portion of a building, included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar, or unused underfloor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar, or unused under-floor space shall be considered as a story.

Street. Any thoroughfare or public way not less than sixteen (16) feet in width which has been dedicated or deeded to the public for public use.

Street, Private. A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

Street Frontage. The proximity of a parcel of land to one or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) frontages.

Structure. Anything which is built, constructed or erected on the ground or attached to the ground; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character, including decks and signs, but not including fences or free standing walls less than six (6) feet high.

Subdivision. The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.

Swimming Pool. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

Townhouses. Structures housing two (2) or more dwelling units of not more than two (2) stories each and contiguous to each other only by sharing one (1) common wall, such structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and individual front and rear entrances.

Trailer. A movable vehicle with wheels designed or used as living and sleeping quarters or for business purposes, and such vehicles that have had the wheels removed and been placed on a foundation. This definition includes trailer coaches, trailer houses, and mobile homes.

Use. The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

Use, Change Of. The change within the classified use of a structure or premise.

Use, Nonconforming. A use which lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the use regulations.

Useable Open Space. A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and useable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreation purpose. Roofs, driveways and parking areas shall not constitute useable open space.

Use, Temporary. A use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.

Variance. The means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges.

Warehouse, Wholesale or Storage. A building or premises in which goods, merchandise or equipment are stored for eventual distribution.

Wrecking Yard. Any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.

Yard. An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this code.

Yard, Front. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.

Yard, Rear. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line parallel thereto.

Yard, Side. An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line.

Zoning Map. The maps or map incorporated into this Ordinance as part thereof, and as amended, designating the zoning district.

GENERAL DISTRICT PROVISIONS

§ 150.020 Establishment of Districts.

The following zoning districts are hereby established within the City.

A-O Agricultural-Open Space District

R-1 General Residential District

B-1 General Business District

I-1 General Industrial District

§ 150.021 Map.

The location and boundaries of the districts established by this Ordinance are hereby set forth on the zoning maps entitled "Zoning Map," a copy of which is on file with the City Clerk. Said maps and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this Ordinance by reference.

§ 150.022 Annexation & Detachment.

In the event of changes in the City limits by adding or removing territory from the City, district boundaries shall be constructed or removed by moving the City limits.

§ 150.023 Zoning District Boundaries.

(A) Boundaries indicated as approximately following the center lines of streets, highways, alleys, or railroad lines shall be construed to follow such center lines.

(B) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

(C) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in shore line shall be constructed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, lakes, or other bodies of water shall be construed to following such center lines.

(D) Boundaries indicated as approximately following the city limits shall be construed as following such city limits.

(E) Where a district boundary line divides a lot which was in a single ownership at the time of passage of this Ordinance, the extension of the regulations for either portion of the lot may be interpreted by the Planning Commission upon request of the owner.

(F) The exact location of all district boundaries shall be interpreted by the Planning Commission, subject to appeal as provided in § 150.245 – 251 of this Ordinance.

§ 150.024 District Regulations.

The regulations of this Ordinance within each district shall be minimum regulations, and shall apply uniformly to each class or kind of structure of land, except as hereinafter provided.

(A) No buildings, structure, or land shall hereafter be used or occupied, and no building structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(B) No buildings or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear, front, or side yards, or other open spaces than herein required; or in any other manner contrary to the provision of this Ordinance.

(C) No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

§ 150.025 Setbacks.

All setbacks will be measured from the owner’s property line. The owner’s property line is determined from the locations of the most adjacent street right-of-way which is based on the individual street width.

"A-O" AGRICULTURE - OPEN SPACE DISTRICT

§ 150.030 Purpose.

The Agricultural - Open Space District is intended to provide a district which will allow suitable areas of the City to be retained and utilized in open space and/or agricultural uses, prevent, scattered non-farm uses from developing improperly, promote orderly development, and secure economy in government expenditures for public utilities and service.

§ 150.031 Special Requirements.

Agricultural uses are subject to Minnesota Pollution Control Standards.

§ 150.032 Permitted Uses.

The following are permitted uses:

(A) Agricultural activities for the growing of produce (field crop farming) and farmsteads, but not including commercial feed lots and the raising of farm animals.

(B) Golf courses, county clubs, tennis courts, swimming pools and additional public and private recreational uses, all non-commercial.

(D) Greenhouses or nurseries.

(E) Parks.

§ 150.033 Conditional Uses.

The following uses may be permitted:

(A) Airports.

(B) Radio and television transmitting and receiving stations and antennae.

(D) Public and private cemeteries.

(E) Commercial recreational facilities.

(F) Churches, parish houses, convents, child nurseries.

(G) Single family dwellings on a site of not less than one (1) acre.

(H) Planned Unit Developments as regulated by this Ordinance.

(I) Agriculture buildings or structures over 35 feet in height.

§ 150.034 Accessory Uses.

The following are permitted accessory uses:

(A) Operation and storage of such vehicles, equipment, and machinery which are incidental to permitted or conditional uses allowed in this district.

(B) Living quarters of persons employed on the premises.

(D) Fencing, screening and landscaping as permitted and regulated by § 150.130 of this Ordinance.

(E) Essential services.

§ 150.035 Minimum Lot Size.

(A) A lot area of more than one (1) acre for each farm or non-farm dwelling unit is required.

(B) A lot width of not less than one hundred fifty (150) feet is required for each farm or non-farm dwelling unit.

(D) No more than forty (40) percent of the lot area shall be occupied by buildings or structures.

§ 150.036 Front, Side and Rear Yard Requirements.

(A) Front Yard. A front yard of not less than thirty-five (35) feet is required.

(B) Side Yard. Two (2) side yards are required, each having a width of not less than thirty (30) feet. Where a lot is located at the intersection of two (2) or more streets, the width of the yard along the side street shall not be less than thirty (30) feet. A side yard of not less than ten (10) feet may be permitted for accessory buildings or structures when said buildings or structures are located one-hundred (100) feet from the front lot line.

(C) Rear Yard. A rear yard of not less than twenty (20) feet is required. No accessory buildings shall be less than ten (10) feet from the rear lot line.

§ 150.037 Maximum Building Heights.

Building heights shall not exceed thirty-five (35) feet except for agricultural buildings with a conditional use permit.

"R-1" GENERAL RESIDENTIAL DISTRICT

§ 150.050 Purpose.

The General Residential District is intended to establish an area of residential uses consisting of one and two-family dwellings, multiple unit dwellings and directly related complimentary uses.

§ 150.051 Permitted Uses.

The following are permitted uses:

(A) One-family dwelling.

(B) Two-family dwelling, if on lots of such areas and widths as hereinafter required.

(D) Public buildings and uses of the following kinds: parks, playgrounds, libraries, museums, community centers, and public offices.

(D) Manufactured homes on individually owned parcels of land and in compliance with

§ 150.137 of this Ordinance.

§ 150.052 Conditional Uses.

The following uses may be permitted:

(A) Apartments within existing single family dwellings.

(B) Cemeteries, hospitals, homes for the aged, institutions for special needs, churches, parish houses, convents, child nurseries.

(D) Automobile parking lots when required for off-street parking spaces for any use not more than three hundred (300) feet in distance therefrom the use.

(E) Public utility and public service uses.

(F) The extension of a use into a district where it would otherwise be prohibited, in a case where a district boundary line is so located that a lot is in more than one district.

(G) Outdoor furnaces or boilers of any size or type when used in conjunction with the heating of adjacent interior spaces or the heating of domestic hot water used within such spaces. This shall include all furnaces not completely enclosed on all sides by the exterior building envelope walls.

(H) Planned Unit Developments as regulated by this Ordinance.

(I) Private garages or storage sheds exceeding 1,200 sq. ft.

(J) Manufactured home park, subject to issuance of a license from the State Department of Health (Minnesota Statute 327.15, as may be amended from time to time) and subject to the requirements of § 150.158 of this Ordinance.

(K) Multiple-dwelling structures consistent with the surrounding land uses and in conformance with the minimum lot dimensions and setback requirements as hereinafter required.

(L) Golf courses, country clubs, tennis courts, swimming pools and additional private and private-club recreational uses, all non-commercial.

§ 150.053 Accessory Uses.

The following are permitted accessory uses:

(A) Private garages, parking spaces and car ports as regulated by § 150.206 of this Ordinance.

(B) Outdoor storage of recreation vehicles and equipment.

(D) Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

(E) Tool houses, sheds and similar buildings for storage of domestic supplies and non-commercial recreational equipment.

(F) Essential services.

(G) Fencing, screening and landscaping as permitted and regulated by § 150.130 of this Ordinance.

(H) Home occupations consistent with § 150.138 of this Ordinance.

(I) Gazebos and similar structures.

§ 150.054 Minimum Lot Size.

(A) A lot area of not less than eight thousand two-hundred fifty (8,250) square feet is required for single family dwellings and two-family dwellings.

(B) Multiple-dwelling structures having three or more dwelling units must have a minimum lot area of ten thousand (10,000) square feet. Not less than two thousand (2,000) square feet is required for each additional dwelling unit over three (3).

§ 150.055 Front, Side and Rear Yard Requirements.

(A) Front Yards.

(1) A front yard of not less than twenty-five (25) feet is required.

(2) For buildings exceeding thirty-five (35) feet in height, each front yard shall be an additional front yard setback of one (1) foot for each one (1) foot that the building exceeds the height of thirty-five (35) feet.

(B) Side Yards.

(1) Two (2) side yards are required, each with a width of not less than ten (10) feet.

(2) Where a lot is located at the intersection of two (2) or more streets, the width of the yard along the side street shall not be less than thirty (30) feet.

(3) For buildings exceeding thirty-five (35) feet in height, each side yard shall have one (1) additional foot for each one (1) foot of building height over thirty-five (35) feet.

(C) Rear Yards. A rear yard with a depth of not less than twenty (20) feet is required. No accessory building shall be less than ten (10) feet from the rear lot line.

§ 150.056 Maximum Building Heights.

Except for multiple-dwelling structures with three or more units, building heights shall not exceed thirty-five (35) feet. Multiple-dwelling structures with three or more units may be three (3) stories in height not to exceed forty-five (45) feet.

"B-1" GENERAL BUSINESS DISTRICT

§ 150.080 Purpose.

The Central Business District is designed and intended to serve the pedestrian area of the City. The "B-1" district will provide for a shopping and business environment, especially stressing the pedestrian function and interaction of people and businesses.

§ 150.081 Special Requirements.

(A) Enclosure of Uses. Every use, unless expressly exempted in this Section or allowed by a conditional use permit, shall operate in its entirety within a completely enclosed structure.

§ 150.082 Permitted Uses.

The following are permitted uses:

(A) Antique store.

(B) Apparel and accessory store.

(D) Art gallery.

(E) Artist studio or school.

(F) Auction rooms.

(G) Auto, glass, muffler and upholstery shop.

(H) Auto parts and accessory sales including outdoor display of auto accessories provided that such outdoor display of storage is separated from abutting development by ornamental fencing or screen planting to be not less than eight (8) feet in height.

(I) Auto repair garage.

(J) Auto storage, new or used.

(K) Auto sales.

(L) Bakery retail.

(M) Bank, including drive‑in bank.

(N) Barbershop.

(O) Beauty shop.

(P) Bicycle sales and repair.

(Q) Blueprinting, photostating and lithographing.

(R) Boat sales and repair, not including dismantling or wrecking.

(S) Book store.

(T) Bowling alley and billiard parlor.

(U) Building material yard.

(V) Bus, railway, or airline depot or ticket office.

(W) Business machines store.

(X) Cafe.

(Y) Camera and photographic supply store.

(Z) Candy, ice cream and confectionery store, in which all manufacturing permitted only as an accessory use and is limited to fifteen (15) percent of the gross floor area.

(AA) Catalog and mail-order house.

(BB) Caterer.

(CC) Clothing store.

(DD) Dairy products store.

(EE) Dance hall.

(FF) Delicatessen store.

(GG) Department store.

(HH) Discount store.

(II) Dressmaking, seamstress.

(JJ) Drugstore.

(KK) Dry cleaning.

(LL) Electric contractor.

(MM) Exterminator.

(NN) Feed store.

(OO) Floral sales.

(PP) Food locker plant: a food locker plant renting only individual lockers for home customer storage of food, including sale of retail, delivery of individual home orders and the cutting and packaging of meats or game, but not including slaughtering or eviscerating thereof.

(QQ) Fruit store.

(RR) Furniture store and home furnishings.

(SS) Garden supplies store, need not be enclosed, provided all unenclosed portions of the use are located on the rear one-half (1/2) of the zoning lot.

(TT) Gift, novelty or souvenir store.

(UU) Grocery store.

(VV) Gunsmith.

(WW) Hall, renting for meetings, conventions, or social gatherings.

(XX) Hardware store.

(YY) Health equipment and supply store.

(ZZ) Health club or gym.

(AAA) Hotel, motel, or tourist home.

(BBB) Ice plant.

(CCC) Interior decorator.

(DDD) Janitorial service.

(EEE) Jewelry store.

(FFF) Laboratory, scientific and testing.

(GGG) Laundromat.

(HHH) Linen supply.

(III) Liquor store (off‑sale).

(JJJ) Locksmith.

(KKK) Luggage store.

(LLL) Lumber yard.

(MMM) Marine sales and service.

(NNN) Meat market and processing, not including slaughtering.

(OOO) Medical appliances, sales and fittings.

(PPP) Mortuary.

(QQQ) Motorcycle store.

(RRR) Music store.

(SSS) Newsstand.

(TTT) Office of any type.

(UUU) Optical goods.

(VVV) Optician.

(WWW) Paint and wallpaper store.

(XXX) Pawn shop.

(YYY) Pet store.

(ZZZ) Photographic studio, picture processing, or equipment.

(AAAA) Plumbing contractor.

(BBBB) Printing, publishing, and allied industries.

(CCCC) Restaurants.

(DDDD) Savings and loan association; state or federally chartered; including drive‑in facilities.

(EEEE) Second hand shops.

(FFFF) Shoe repair shop.

(GGGG) Shopping mall, centers.

(HHHH) Sign contractor.

(IIII) Sporting good store.

(JJJJ) Stationery store.

(KKKK) Tailor.

(LLLL) Taxidermist.

(MMMM) Telephone exchange.

(NNNN) Theater, not including drive‑in theater.

(OOOO) Theatrical studio.

(PPPP) Ticket agency.

(QQQQ) Tire recapping and supply store.

(RRRR) Toy store.

(SSSS) Travel bureau or agency.

(TTTT) Upholstery shop of any type.

(UUUU) Variety store.

(VVVV) Veterinarian, including observation kennels for household pets, provided however, all such kennels are contained within completely enclosed structures.

(WWWW) Wholesale offices.

(XXXX) Adult Uses – Accessory and in compliance with §116.05 of this Code.

§ 150.083 Conditional Uses.

The following uses may be permitted.

(A) Ambulance service.

(B) Any drive-in type establishment.

(D) Auto sales.

(E) Automobile service stations.

(F) Car wash.

(G) Clinic, dental or medical, animal clinics, and related laboratories.

(H) Community or convention center.

(I) Multi-family dwellings.

(J) Other commercial uses determined by the Planning Commission to be of the same general character as identified permitted and conditional uses and found out not to be detrimental to the general public health and welfare.

(K) Parking and/or commercial storage of vehicles; need not be enclosed.

(L) Planned Unit Developments as regulated by Section 10 of this Ordinance.

(M) Public, private parking facilities.

(N) Public or quasi‑public development.

(O) Radio and television broadcasting, including transmitter.

(P) Restaurants, cocktail lounges and other eating or drinking establishments which require additional parking spaces.

(Q) Shipping and storage of merchandise solely intended to be retailed by the established principal permitted use.

(R) Shopping centers and malls.

(S) Sports arena or stadium.

§ 150.084 Accessory Uses.

The following are permitted accessory uses:

(A) Commercial or business buildings and structures for a use accessory to the principal use, but shall not exceed fifty (50) percent of the gross floor area of the principal use.

(B) Off-street parking as regulated by this Ordinance.

(D) Fencing, screening and landscaping as permitted and regulated by Section 11, Subd. 6 of this Ordinance.

§ 150.085 Minimum Lot Size.

A lot area of not less than four thousand one-hundred twenty-five (4,125) square feet is required.

§ 150.086 Front, Side and Rear Yard Requirements.

No yards are required. The space resulting from the foregoing setbacks (yard requirements) shall be utilized only for access to the permitted use and for landscaping purposes.

(A) Where a side lot coincides with a side or rear lot line in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall not be less than the minimum side yard which would be required under this Ordinance for a residential use on the adjacent residential lot.

(B) Where a rear lot line coincides with a side lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall not be less than the minimum side yard which would be required under this Ordinance for a residential use on the adjacent residential lot.

(C) Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be not less than the minimum required for the rear yard for a residential use on the adjacent residential lot.

(D) In each said case the lot line located in the central business district adjacent to a residential district shall erect a fence or vegetative screening as determined by the governing body. The screening shall be set back five (5) feet from the central business district’s lot line adjacent to the residential district. The fence or screening shall be located along the entire length of the transitional lot line.

§ 150.087 Maximum Building Heights.

Building heights shall not exceed three (3) stories or forty-five (45) feet.

"I-1" GENERAL INDUSTRIAL DISTRICT

§ 150.095 Purpose.

The General Industrial District is established to provide for areas for manufacturing, warehousing and related commercial operations. It will be the intent to encourage industrial development which is compatible with surrounding uses and districts. All activities in the district shall be carried on in a manner not injurious or offensive to the occupants of adjacent premises due to odors, dust, smoke, noise or vibrations.

§ 150.096 Special Requirements.

Any unenclosed uses, including storage, manufacturing and assembly, shall be subject to those regulations set forth by § 150.104 of this Section.

§ 150.097 Permitted Uses.

The following are permitted uses:

(A) Art equipment supplies - manufacturing.

(B) Bags, boxes and paper containers, manufacturing and storage.

(D) Books, looseleaf binders - fabrication and assembly.

(E) Books and bookbinding.

(F) Cabinet and woodworking establishments.

(G) Clothing and manufacturing.

(H) Camera and photographic manufacturing.

(I) Cold storage plants, commercial printing, publishing, engraving and reproduction firms.

(J) Commercial printing and publishing establishments.

(K) Confectionery and related products, manufacturing and packaging.

(L) Dental instruments and supplies.

(M) Laundry, dry cleaning and dying establishments.

(N) Electric lighting and wiring equipment - manufacturing.

(O) Electric measuring and testing equipment - manufacturing.

(P) Electronic tubes and other components - manufacturing.

(Q) Electrical products and appliances - manufacturing and assembly.

(R) Footwear - manufacturing and fabrication.

(S) Freight terminals.

(T) Hand and edge tools (except machine tools) - manufacturing and assembly.

(U) Hay, grain, feed and farm supply sales and storage.

(V) Ice plants and ice cream plants.

(W) Jewelry manufacturing.

(X) Laboratory instruments and associated equipment, scientific and testing.

(Y) Luggage, handbags, and similar items - manufacturing and assembly.

(Z) Mail-order house.

(AA) Meat processing, including slaughtering.

(BB) BB Medical and surgical instruments and supplies - manufacturing and assembly.

(CC) Newspaper plants and office.

(DD) Office furniture and supplies - manufacturing and assembly.

(EE) Optical instruments and lenses - manufacturing and assembly.

(FF) Patterns - design and manufacturing.

(GG) Pottery shops.

(HH) Precision instruments - manufacturing and assembly.

(II) Plastic extrusion and molding and fixture.

(JJ) Plumbing fixture and equipment - wholesale.

(KK) Public utility structures.

(LL) Radio and television - assembly and parts fabrication.

(MM) Sport equipment - manufacturing and assembly.

(NN) Scientific and research instruments and equipment - manufacturing and assembly.

(OO) Signs and advertising display materials.

(PP) Telephone and telegraph technical apparatus - manufacturing and assembly.

(QQ) Temperature controls - fabrication and assembly.

(RR) Trade schools.

(SS) Welding supply.

(TT) Warehousing, wholesaling and distribution operations.

§ 150.098 Conditional Uses.

The following uses may be permitted:

(A) Other manufacturing, production, processing, cleaning, storage, servicing, repair and testing of materials, goods or products determined by the Planning Commission to be similar to the permitted uses, and which conform with the purpose and performance standards set forth in this district.

(B) Mining and related activities associated with the extraction and processing of sand, gravel, and other materials from the land.

(C) Outdoor furnaces or boilers of any size or type when used in conjunction with the heating of adjacent interior spaces or the heating of domestic hot water used within such spaces. This shall include all furnaces not completely enclosed on all sides by the exterior building envelope walls.

(D) Planned Unit Developments as regulated by this Ordinance.

(E) Adult Uses – Principle in conformance with § 116.04 of this Code.

§ 150.099 Accessory Uses.

The following are permitted accessory uses:

(A) Commercial or business buildings and structures for a use accessory to the principal use, but shall not exceed fifty (50) percent of the gross floor area of the principal use.

(B) Off-street parking as regulated by this Ordinance, but not including semi-trailer trucks.

(D) Fencing, screening and landscaping as permitted and regulated by § 150.130 of this Ordinance.

§ 150.100 Minimum Lot Size.

(A) A lot area of not less than twenty thousand (20,000) square feet is required.

(B) All planned unit developments shall only be permitted on an area of at least one (1) acre.

(C) There shall be a required minimum ten (10) percent reservation of the total lot area for landscaping use. Such landscaping shall conform in design and appearance with the overall development plan as approved by the Planning Commission.

§ 150.101 Front, Side and Rear Yard Requirements.

(A) Front Yard. There shall be a front yard having a depth of not less than thirty (30) feet between building and the street right-of-way line to be devoted exclusively to landscaping except for necessary points of access.

(B) Side Yard. Two (2) side yards are required, each with a width of not less than twenty (20) feet.

§ 150.102 Transitional Yard Requirements.

When any lot line coincides with a lot line of an adjacent residential district, the setback shall be at least thirty (30) feet.

§ 150.103 Performance Standards.

(A) Intent. It is the intent of this Section to provide that industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties by the control of the following:

(B) Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so not to become objectionable due to intermittence, beat, frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in the table herein.

Maximum Permissible Sound Pressure Levels

Band Cycles Per Second Maximum Permitted Sound Level

(Frequency) (Decibels)

20-75 72

75-150 67

150-300 59

300-600 52

600-1200 46

1200-2400 40

2400-4800 34

Over 4800 32

(C) Odor. No activity or operation shall cause at any time the discharge of toxic, noxious or odorous matter beyond the limits of the immediate site where it is located in such concentrations as to be obnoxious or otherwise detrimental to, or endanger the public health, welfare, comfort or safety or cause injury to property or business.

(D) Glare. Glare, whether direct or reflected, such as from floodlights, spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line.

(E) Exterior Lighting. Any lights used for exterior illuminations shall be directed away from adjacent properties.

(F) Smoke, Dust, Fumes or Gases. Every operation shall conform to local standards.

(G) Hazard. Every operation shall be carried on in accordance with local fires & safety codes.

(H) Water Supply. The design and construction of water supply facilities and water supply source shall be in accordance with local and Minnesota State Department of Health and Minnesota Pollution Control Agency standards and requirements.

(I) Waste. All sewage and industrial wastes shall be treated and disposed in such manner as to comply with Minnesota State Department of Health and Minnesota Pollution Control Agency standards and requirements, and local codes.

(J) In order to assure compliance with the performance standards set forth above, the Planning Commission may require the owner or operator of any permitted use to make such investigations and tests as may be required to show adherence to the performance standards.

§ 150.104 Regulations on Screening.

All principal, and conditional uses, except business signs, which are situated within fifty (50) feet of a Residential District, shall be screened and buffered from such district by a separation of open space which shall have a minimum depth of thirty (30) feet and a required fence or vegetative screening of not less than seven (7) feet in height above the level of the Residential District property at the district boundary. Walls, fences, or planting screens of lesser heights may be permitted by the Planning Commission if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screen will as adequately promote and protect the use enjoyment of the properties within the adjacent Residential District, or there is a finding that a screening of the type required by this Ordinance would interfere with the provision of adequate amounts of light and air to same said properties. Loading docks in the Industrial District shall be screened so as not to be visible from any public street right-of-way within a Residential District. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

"PUD" PLANNED UNIT DEVELOPMENT DISTRICT

§ 150.115 Purpose.

To help encourage a more credible approach to the use of land, departures from this Ordinance may be granted by the City Council in Planned Unit Development Districts. A Planned Unit Development is allowable as a conditional use in all zoning districts. Permission to develop specific parcels of land under the provision which follow, shall be binding on all construction. Any significant change in the development plan after approval by the City Council shall be resubmitted for consideration. The land use, minimum lot area, yard, height and accessory used determined by the planned unit development requirements shall prevail over conflicting requirements listed elsewhere within this Ordinance. To encourage innovations which produce efficient, high quality development in harmony with surrounding areas, the following regulations are set forth.

§ 150.116 Requirements.

(A) The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities.

(B) The planned unit development proposal appears to harmonize with both existing and proposed development in the area surrounding the project site.

(D) Permitted uses may include:

(1) Permitted, Accessory and Conditional Uses allowed within the traditional zoning district where the proposed "PUD" is to be located.

(2) A combination of dwelling units of single family, two family, town houses, condominiums and apartments not to exceed eight (8) units.

(3) Any non-residential use to the extent such non-residential use is designed and intended to serve the residents of the "PUD".

(E) A minimum of 20 percent of the gross land area for private or public open air recreational use protected by covenants running with the land or by conveyances or dedicated as the Planning Commission may specify shall be an integral part of the plan. Such open space areas shall not include land devoted to streets, parking and private yards.

(F) Spacing between main buildings and dedicated streets shall be at least equivalent to the spacing requirements of buildings similarly developed under the terms of this ordinance on separate parcels.

(G) Subdivision review shall be carried out simultaneously with the review of a "PUD" under this section of this Ordinance.

(H) A certified check or money order to cover the costs incurred in checking and processing such plans in an amount affixed by the City Council.

§ 150.117 Procedure.

(A) Pre-Application Conference. Before submitting an application for a "PUD", an applicant may confer with the Administrator to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys, and other data.

(B) Outline Development Plan. An applicant shall apply to the Planning Commission for approval of a development concept of the "PUD" with a map and text as specified including enough information to demonstrate its relationship to adjoining uses.

(1) Maps which are part of the outline development plan may be in schematic form and shall contain the following:

(a) The existing topographic character of the land.

(b) A composite of all natural amenities of the site including steep slopes, drainage ways, plus marshes, ponds and lakes.

(d) The density of land use to be allocated to the several parts of the development.

(e) The approximate location of thoroughfares.

(f) The location of common open space including public schools, parks and playgrounds or private natural preserves.

(2) The written statement shall include the following:

(a) A statement of the ownership of all land involved in the "PUD" together with a summary of previous work experience.

(b) An explanation of the general character of the planned development.

(d) A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open space.

(e) A statement describing how all necessary governmental services will be provided to the development.

(f) The total anticipated population to occupy the "PUD" with breakdowns indicating the number of school age children, adults and families.

(1) Within sixty days after the filing of an outline development plan, the Planning Commission shall forward the plan to the City Council with a written staff report recommending that the plan be disapproved, approved or approved with modifications, and giving reasons for these recommendations.

(2) Within forty-five days after the receipt of the application by the City Council a public hearing shall be held by the City Council on the application. The City Council may continue the hearing or refer the matter back to the Planning Commission for further study, provided, however, that the public hearing or hearings shall be concluded within 45 days after the date of the public hearing, unless the applicant shall consent in writing to an extension of the time. Upon conclusion of all hearings the City Council shall within 30 days make and file findings and cause a copy thereof to be mailed to the applicant.

(3) If the outline development plan is approved or approved with modifications, the City Council shall amend the zoning map to show the Planned Unit Development and its identification number. "PUD" numbers shall be designated in sequential order, i.e. PUD-1, PUD-2, etc. If the outline development plan is approved with modifications, the City Council shall not amend the zoning map until the applicant has filed with the City Council written consent to the plan as modified. Refusal of any modification shall constitute denial of the plans by the City Council. Failure of the landowner to notify the City Council of his acceptance or refusal of the modification to the plan constitute acceptance of these conditions. No zoning permits may be issued on land within the "PUD" until final plans for the development have been approved by the City Council under the procedures provided in the following provisions.

(D) Preliminary Development Plan Approval.

(1) Following the approval of an outline development plan, applicant may file a preliminary development plan with the Planning Commission. The Planning Commission shall give notice and provide an opportunity to be heard to each of the following:

(a) Any person who is on record as having appeared at the hearing on the outline development plan.

(b) Any other person who has indicated to the Planning Commission in writing that he wishes to be notified.

(2) In the event the plan as submitted for preliminary approval is not in substantial compliance with the outline development plan, the Planning Commission shall notify the applicant within 45 days of the date of application, setting forth the ways in which the plan is not in substantial compliance.

(a) The applicant may treat such notification as denial of preliminary approval; or

(b) The applicant may refile his plan so that it does substantially comply with the outline development plan; or

(c) The applicant may file a written request with the Planning Commission, that it hold a public hearing on his request for preliminary approval. Any such hearing shall be held within 30 days after the request for such hearing. Within 45 days of such hearing the Planning commission shall either grant or deny preliminary approval to the plan.

(3) The findings necessary for approval of both the preliminary and final development plans shall be based on the following and described in what respect the plan would or would not be in the public interest.

(a) The plan is designed to form a desirable and unified development within its own boundaries.

(b) The proposed uses will not be detrimental to present and future land use in the surrounding area.

(c) Any exceptions to the standard requirements of the zoning and subdivision ordinance are justified by the design of the development.

(d) The plan will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the "PUD".

(E) Final Development Plan Approval.

(1) Within six weeks following approval of the preliminary development plan, the applicant shall file with the City Council a final development plan containing in final form all of the information required in the preliminary development plan. In its discretion and for good cause, the Council may extend for six months the period for the filing of the final development plan.

(2) The Council shall review and approve the final development plan if it is in substantial compliance with the preliminary development plan. Following this, the applicant shall record the final development plan in the manner provided for recording subdivision plats. If the final development plan is not in substantial compliance, the applicant shall be requested to repeat the procedures outlined for the preliminary development plan.

§ 150.118 Amendments and Control.

(A) Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the City.

(1) Minor changes in the location, siting, and height of buildings and structures may be authorized by the Administrator if requested, and if caused by unforeseen circumstances.

(2) All other changes in use, rearrangement of lots, blocks, and open space, must be authorized by the City Council under procedures outlined for amendment of the Zoning Ordinance.

(B) Completion of the "PUD" shall be certified by the Planning Commission on the final development plan. Thereafter, the use of land and the construction, modification, or alteration of any buildings shall be governed by the approved final development plan. Changes may be authorized only under the procedures provided below:

(1) Minor extensions, alterations or modifications of existing structures may be authorized by the Administrator if they are consistent with the intent and purpose of the final plan and do not increase the size of any building or structure by more than ten percent than originally proposed in the preliminary development plan.

(2) Changes in the use of common open space of the replacement of any building substantially destroyed which exceeds the intent and purposed of the final development plan may be authorized only by amendment to the final development plan.

GENERAL PROVISIONS

§ 150.125 Purpose.

The purpose of this Section is to establish general development standards to assure compatible land uses; to prevent blight and deterioration; and to enhance the health, safety and general welfare of the City.

§ 150.126 Dwelling Unit Restrictions.

(A) No cellar, basement, garage, tent/camper or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently.

(B) Basements may be used as living quarters as a portion of a residential dwelling.

(D) Any new development that covers or replaces surface vegetation with an impervious surface of more than one (1) acre or more must specify controls to minimize off-site stormwater runoff, maximize overland flow and flow distances over surfaces covered with vegetation, increase on-site infiltration, minimize off-site discharge of pollutants to ground and surface water, encourage filtration functions, and reduce mosquito breeding habitat. Sidewalks, paths, trails, and roads are exempt.

§ 150.127 Building Restrictions.

(A) Any person desiring to improve property shall submit to the Administrator 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 insure conformance to City Ordinances.

(B) All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City.

(D) A registered land survey may be requested by the Planning Commission or Administrator for any property owner requesting a zoning permit, variance, conditional use permit, or rezoning action.

(E) Except in the case of Planned Unit Development as provided for in this Ordinance, not more than one (1) principal building shall be located in a lot. The words “principal building” shall be given their common, ordinary meaning; in case of doubt or on any question or interpretation, the decision of the Administrator shall be final, subject to the right of appeal to the Planning Commission and City Council.

(F) Manufactured homes, buildings, tents or other structures temporarily maintained by an individual or company on the premise associated with a work project and used exclusively to house labor or other personnel occupied in such work project shall be exempt from the requirements of this Ordinance. Such manufactured homes, buildings, tents, or other structures shall be removed within thirty days from the completion of the work project.

§ 150.128 Land Reclamation.

Under this Ordinance land reclamation is the reclaiming of land by depositing of materials so as to elevate the grade. All land reclamation shall be controlled under the provisions of the Zoning Ordinance and shall meet the following minimum standards.

(A) The smallest amount of bare ground is exposed for as short a time as feasible.

(B) Temporary ground cover is used and permanent ground cover, such as sod, is planted.

(D) Fill is stabilized to accepted engineering standards.

(E) Final slopes for cut slopes should be a maximum of 1:1 or 100%; fill slope 3:1 or 30%, and grade or construction slope 5:1 or 20%.

§ 150.129 Mining.

The extraction of sand, gravel, or other material from the land in the total amount of four hundred (400) cubic yards or more and removal thereof from the site without processing shall be defined as mining. The conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the site.

§ 150.130 Fencing, Screening, and Landscaping.

(A) No fence shall exceed four (4) feet in the front yard or six (6) feet in the rear and side yards in height as measured from the average point between the highest and lowest grade.

(B) No fence, screen, or structure which obstructs view shall be located within twenty-five (25) feet of any corner formed by the intersection of street or railroad right-of-ways as measured from the intersecting property lines.

(C) Except as provided in (B) above, fences, hedges, or shrubs, less than four (4) feet in height may be located on any part of the lot.

(D) In all zoning districts all usable open space as defined by this Ordinance shall be planted and maintained in grass, sodding, shrubs, or other suitable vegetation or treatment.

(E) All screening required by the provisions of this Ordinance shall consist of either:

(1) A green belt plating strip consisting of vegetative cover of sufficient width and density to provide an effective screen, or

(2) A fence constructed of masonry, brick, wood or steel which is compatible with surrounding structures and buildings.

(F) Except as provided in § 150.130 (B) fences shall be set back at least one (1) foot from the lot lines or upon mutual consent of the abutting property owner(s) may be placed along the lot line.

§ 150.131 Nuisances and Blight.

Public nuisances and blight affecting health, morals and decency, peace and safety are regulated in the City’s Code – Part 9.

§ 150.132 Junk Yards.

Junk yards, salvage yards or automobile reduction yards shall be permitted only within the I-1 District and in no case shall they be located so as to be plainly visible from a road or street. Such junk yards shall be effectively screened on all sides so that the storage and operation is not visible from adjacent properties or streets. Non-conforming junk yards in existence at the time of adoption of this ordinance shall be made to comply with the regulations of this ordinance within three (3) years of the date of ordinance passage.

§ 150.133 Vision Clearance at Corners, Curb Cuts and Railroad Crossings.

Notwithstanding any part of this Ordinance or any permit or variance granted, no structure, vehicle, vegetation, fence, sign, building, or any obstacle, or any portion thereof shall be placed or retained in such a manner to constitute a traffic hazard or obstruct the vision clearance of corners, curb cuts, or railroad crossings.

§ 150.134 Performance Standards.

All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including but not limited to glare, smoke, dust, odors, and noise. The burden of proof for compliance of appropriate performance standards shall lie with the applicant.

§ 150.135 Lighting.

Any lighting used to illuminate an off-street parking area, sign, or structure shall be arranged as to deflect light away from any adjoining residential properties or uses from the public streets.

§ 150.136 Public Water Alteration.

Any alteration which will change or diminish the course, current or cross section of a public water shall be approved by the Commissioner of the Minnesota Department of Natural Resources, in accordance with the procedures of Minnesota Statute 1974, Section 105.42 as amended. This alteration includes construction of channels and ditches; lagooning; dredging of lake or stream bottoms for removal of muck, silt or weeds; and filling in the lake or stream bed.

§ 150.137 Manufactured Homes.

All manufactured homes on individually owned parcels of land shall meet the following requirements;

(A) The home shall have all wheels, axles, transporting lights and towing apparatuses removed, but in such a manner that they may be reattached at some later time;

(B) The home and the lot on which it sits shall conform to all the requirements of the zoning district in which it is located.

§ 150.138 Home Occupations.

Home occupation uses are subject to the following requirements.

(A) The home occupation must be conducted entirely within a building.

(B) Offices, clinics, barber shops, beauty parlors, dress shops, coffee rooms, tourist homes, animal hospitals and kennels, music and dance schools, or similar uses, shall require conditional use permits.

(C) Such occupations as architects, artists, writers, clergymen, lawyers, teachers, domestic crafts and similar occupations shall be permitted.

(D) When deemed appropriate, the Administrator may bring the home occupation to the attention of the Planning Commission at which time the Planning Commission may hold such public hearings, request such information, or require such conditions as deemed necessary to bring the home occupation in compliance with the performance criteria. The Planning Commission shall make a recommendation to the City Council for final consideration of Accessory Buildings in R-1 Districts. Accessory buildings in R-1 (Residential) districts on lots where a garage is attached to the home, shall be limited to one additional storage building and one non-storage building, so long as the total lot coverage by buildings does not exceed 40% or more; accessory buildings on lots where a garage is not attached to the home shall be limited to two storage buildings and one non-storage building, so long as the total lot coverage by buildings does not exceed 40% or more.

YARD, AREA AND BUILDING SIZE REGULATIONS

§ 150.145 Purpose.

The purpose of this Section is to determine minimum yard, area and building size requirements to be provided for each zoning district.

§ 150.146 Yard Requirements.

The minimum yard setback distances from the appropriate property lines are set forth within the district provisions of this Ordinance.

(A) Front Yard Setbacks. Where existing structures within a block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the required front yard setback exceed thirty (30) feet.

(B) Corner Lots. Where a lot is located at the intersection of two (2) or more streets, the width of the yard along the side street shall not be less than thirty (30) feet.

(C) Rear Yard With Alley Adjoining. In computing the depth of a rear yard for any building where the rear line of the lot adjoins an alley, one-half the width of such alley may be included as rear yard depth. In any residential district, the rear yard depth actually on the lot shall be not less than ten (10) feet.

(D) Earth Sheltered Buildings. Computations for yard requirements shall be based upon measurements from the exposed exterior surface of the building.

(E) Exceptions. The following shall not be considered as encroachment into yard requirements.

(1) Architectural projects extending not more than three (3) feet into a yard area, except those indicated below.

(2) Terraces, steps, stoops, or similar features provided, in each they do not exceed above the height of the principal structure’s main floor or extend to a distance less than five (5) feet from any lot line.

§ 150.147 Building Size and Architectural Requirements.

The following building size and architectural standards shall apply to all districts unless otherwise specified.

(A) Height Exceptions. The building height limits established shall not apply to cupolas, domes, spires, monuments, radio towers, flag poles, chimneys or flues; nor to elevators, watertanks, poles, towers and other structures for essential services; nor to similar structures for essential services; nor to similar structures extending above the roof of any building and not occupying more than twenty-five (25) percent of the area of such roof.

(B) Architectural Requirements. The following architectural requirements shall apply to all dwellings in the "A-0" and all residential districts:

(1) Dwellings shall be placed on a permanent foundation forming a complete enclosure under exterior walls or shall be completely enclosed with a nontransparent material under exterior walls.

§ 150.148 Accessory Structures, Uses and Equipment.

(A) General Statements. 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.

(B) Location. No accessory structures shall be located in the front yard.

(D) Setbacks. Accessory structures shall:

(1) Be located five (5) feet or more from all lot lines of adjoining lots, except as otherwise required within this Ordinance.

(2) Not be located within a utility easement.

(E) Size. Accessory building shall conform to the total lot coverage requirements of each district, if any.

(F) Building Design Standards. The architectural design and appearance of all accessory buildings and structures shall comply with the following standards:

(1) Only asphalt shingles, asphalt roofing materials or wooden shakes shall be permitted as roof coverings in the “R-1” residential district except that metal roofing manufactured specifically for residential use may be permitted as a conditional use.

(2) The exterior finish of all accessory buildings in the “R-1” districts shall match as close as possible the exterior finish of the dwelling unit on the lot.

(3) Accessory buildings shall be designed to support a twenty-six (26) pound per square foot live roof load.

(4) Exceptions. Metal lawn or storage sheds one hundred twenty (120) square feet or less in floor area shall be exempt from these standards.

MANUFACTURED HOME PARKS

§ 150.155 Purpose.

The purpose of this section is to provide for manufactured home parks in an appropriate, safe, sanitary and attractive environment.

§ 150.156 Conditional Uses.

Manufactured home parks are conditional uses, by law, and are allowed as a conditional use in any zoning district that allows the construction or placement of a building used or intended to be used by two or more families.

§ 150.157 Accessory Uses.

The following are permitted accessory uses in manufactured home parks:

(A) Off-street private parking facilities.

(B) Outdoor storage of recreational vehicles and equipment.

(D) Fencing, screening, and landscaping as permitted and regulated by § 150.130 of this Ordinance.

(E) Tool houses, sheds and similar storage buildings.

(F) Central office and central community building.

(G) Home occupations consistent with § 150.138 of this Ordinance.

§ 150.158 Regulations.

(A) General Provisions:

(1) All mobile home parks and recreational camping areas constructed or located in the City after the adoption of this Ordinance shall comply to Minnesota Statutes Chapter 327, 327.10 - 327.28 laws regulating mobile home parks and recreational camping areas, and Chapter 13, MHD 187-197, Minnesota State Board of Health Regulations governing mobile home parks and recreational camping areas.

(2) No tents shall be used for other than recreational purposes in a manufactured home park.

(3) Where the manufactured home park is dependent, it shall have an adequate central community building with the following features:

(a) Laundry drying areas and machines.

(b) Laundry washing machines

(d) Public toilets and lavatories.

(e) Such buildings shall have central heating and be maintained in a safe, clean, and sanitary condition.

(B) Development Plan Requirements. A development plan shall be submitted to the Planning Commission and the City Council in accordance with procedures outlined and information required within the Planned Unit Development Regulations.

(1) Site:

(a) Each manufactured home site for a single-wide home shall contain at least four thousand (4,000) square feet of land for the exclusive use of the occupant, with a width of no less than forty (40) feet and a depth of no less than one hundred (100) feet. A manufactured home site for a double-wide home shall contain at least five thousand (5,000) square feet of land for the exclusive use of the occupant, with a width of no less than fifty (50) feet and a depth of no less than one hundred (100) feet. The maximum building height for any mobile home is thirty-five (35) feet.

(b) Each manufactured home site shall have frontage on an approved roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.

(d) Adequate sized, screened areas shall be set aside for storage of boats, boat trailers, hauling trailers, recreational vehicles, and all other equipment tenants may have need to store. Such equipment shall not be stored upon individual home lots nor upon the streets within the park.

(2) Setbacks:

(a) No unit shall be placed closer than ten (10) feet to its side lot lines, not closer than ten (10) feet to its front lot line, or within fifteen (15) feet of its rear lot line.

(b) No unit or building shall be located within thirty (30) feet of the exterior boundary of any manufactured home park.

(c) Any home sites adjacent to a public street shall be subject to the same setbacks and requirements as a standard residential unit for that district.

(3) Parking:

(a) Each manufactured home site shall have off-street parking space for two (2) automobiles and these parking spaces shall be hard surfaced.

a. Access drives off roads to all parking spaces and home sites shall be hard surfaced.

b. Parking on one side only shall be permitted on thirty (30) foot wide streets; parking on both sides is permitted if the street width is increased to forty (40) feet.

(4) Utilities:

(a) All manufactured homes shall be connected to a public water and sanitary sewer system. All water and sewer systems shall be constructed in accordance with plans and specifications approved by the county engineer. All water systems shall provide an adequate water supply and number of hydrants for fire fighting as per the Uniform Fire Code.

(b) All utility connections shall be as approved by the City.

(c) All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. If a connection is made to an in-place public system, a connection fee or assessment may be charged for this service.

(d) The method of garbage, waste, and trash disposal must be approved by the City.

(e) The park owner shall pay any required sewer and water connection fees to the City.

(f) Each mobile home lot shall be served by a central fuel supply system such as natural gas or a central LP system. No separate private fuel containers, such as fuel oil tanks or LP cylinders, shall be allowed in any mobile home park. Recreational camping areas shall be exempt from this design standard.

(5) Streets and Sidewalks:

(a) Streets shall be hard surfaced as approved by the city and have curves/turns with adequate radii to accommodate emergency vehicles.

(b) The minimum street widths shall be:

On-Street Parking Traffic Width (Ft)

Parallel - one side 1 Way 20

2 Way 30

Parallel - both sides 1 Way 26

2 Way 36

(6) Buffer Area. A green belt, at least twenty (20) feet in width and twelve (12) feet in height shall be located along all boundaries of the manufactured home park, except where it is crossed by driveways, streets and roads.

(7) Recreation. All parks shall be required to have one (1) or more recreational areas which are at least ten (10) percent of the land area and shall be easily accessible to all park residents. Recreational areas shall be so located as to be free of traffic hazards and shall, where the topography permits, be centrally located. These recreational areas shall be subject to approval by the Planning Commission. All equipment installed in such an area shall be owned and maintained by the owner or operator at his or her own expense.

(8) Lighting. Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and other facilities when open for use.

(9) Drainage. All manufactured home parks shall be provided with adequate drainage facilities as approved by the City.

(10) Storage Buildings. The maximum size of accessory storage buildings shall not exceed one hundred twenty (120) square feet or a seven (7) foot sidewall or ten (10) feet in height. All buildings shall be securely anchored.

(D) Fee. The fee for every mobile home park/recreational camping area license shall be the cost of obtaining a conditional use permit as prescribed by ordinance.

(E) Anchoring and Support Systems:

(1) The provisions made for anchoring systems shall be based on the regulations outlined by the Minnesota Department of Administration, Building Code Division 2 MCAR 1.90103 and the number of ties shall be in accordance with the following table:

Number of Ties Required Per Side of

Single Wide Manufactured Homes

Alternative Methods

Length of No. of No. of No. of No. of

Mobile Home Vertical Diagonal Baling Diagonal

(Feet) Ties Ties Straps Ties s

Up to 40 2 3 2 3

40 – 46 2 3 2 3

46 – 49 2 3 2 3

49 - 54 2 3 2 3

54 - 58 2 4 2 4

58 - 64 2 4 2 4

64 - 70 2 4 2 5

70 – 73 2 4 2 5

73 – 84 2 5 2 5

(2) Double-wide manufactured homes requires only the diagonal ties specified, and these shall be placed along the outer side walls.

(3) Length of manufactured home (as used in this Table) means length excluding draw bar.

(4) Diagonal ties in this method shall deviate at least 40 degrees from vertical.

(5) Alternative Method. When this method is used, an approved reinforcement means shall be provided. If baling is used to accomplish this reinforcement, the provisions of 2 MCAR 1.90450 A.2.c. shall apply.

(6) Diagonal ties in this method shall be 45 degrees + 5 degrees vertical and shall be attached to the nearest main frame member.

SIGNS

§ 150.180 Purpose of Intent.

The provisions of this regulation are intended to encourage an opportunity for effective communication and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this Ordinance; while at the same time, assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities.

§ 150.181 Definitions.

For the purpose of this ordinance and other applicable ordinances certain words and terms are defined as follows:

(A) Artificial light. Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources.

(B) Accessory sign. A sign relating in its subject matter to the premises on which it is located or to which it refers or to products, accommodations, services or activities on the premises on which it is located or to which it refers.

(D) Area identification. A freestanding sign which identifies the name of a residential subdivision consisting of ten (10) or more lots; a multiple residential complex consisting of three (3) or more independent concerns; a single business consisting of three (3) or more separate structures existing on individual platted lots or as a planned unit development; or any integrated combination of the above. Said sign shall be limited only to the identification of an area or complex and shall not contain the name of individual owners or tenants nor contain advertising.

(E) Billboard. Any permanent nongovernmental sign with not more than two sides advertising product services, commodities, entertainment or other activity not offered at the location of the sign, or not exclusively related to the premises on which the sign is located. A billboard is a freestanding sign, other than a pylon sign, having an area of more than 200 square feet.

(F) Campaign sign. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election.

(G) Canopy/Marquee sign. Any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly.

(H) Construction sign. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties.

(I) Directional sign. A sign erected on public or private property which bears the address and/or name of a business, institution, church or other use of activity plus directional arrows or information on location.

(J) Flashing sign. Illuminated sign on which such illumination is not kept stationary or constant in intensity and/or color at all times when such sign is in use.

(K) Free standing sign. A sign and sign structure both of which are not more than twelve (12) feet in height.

(L) Government sign. A sign which is erected by a unit of government.

(M) Gross surface area of sign. The entire area in square feet within a single continuous perimeter enclosing the extreme limits of the complete message of any sign, which limits shall include the surface on which the message is affixed unless the individual letters of the message are affixed directly to the surface of a wall in which case the maximum height and width shall apply.

(N) Holiday sign. A sign designed to promote the spirit of a holiday which does not mention a product, service or business name.

(O) Informational sign. Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification.

(P) Institutional sign. A sign or bulletin board which identifies the name or other characteristics of a public, semi-public, or private institution on the site where the sign is located. Institutions shall include churches, schools, city buildings, and other non-profit and charitable organizations.

(Q) Integral sign. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure.

(R) Maximum height of sign. The vertical distance measured from the nearest finished grade to the top of such a sign.

(S) Minimum height of sign. The vertical distance measured from the nearest finished grade to the lower limit of such sign.

(T) Monument sign. A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure.

(U) Motion sign. Any sign which revolves, rotates or has any moving parts.

(V) Nonconforming sign.

(1) Legal. A sign which lawfully existed at the time of the passage of this Ordinance or amendment thereto, but which does not conform with the regulations of this Ordinance.

(2) Illegal. A sign which was constructed after the passage of this Ordinance or amendments thereto and does not conform with the regulations of this Ordinance.

(W) Off premises sign. A sign which advertises a business which is not located upon the property on which the sign is located.

(X) Portable sign. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground or structure.

(Y) Projecting sign. Any sign that projects out over 12" from the front edge of the roof structure and/or building facing.

(Z) Pylon sign. A sign other than a monument sign or billboard supported by its own free-standing structure, exceeding twelve (12) feet.

(AA) Residential sign. A directional or identification sign located in residential districts.

(BB) Real estate sign. A sign placed upon a property advertising that particular property for sale, for rent or for lease.

(CC) Roof sign. Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building.

(DD) Sign. A name, identification, description display or illustration which is affixed to or represented directly or indirectly upon an awning, canopy, marquee, building structure, or piece of land which directs attention to an object, project, place, activity, person, institution, organization or business. A “sign” shall not include any official court or other public notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious or service or fraternal group.

(EE) Sign structure. The supports, uprights, bracing and framework for a sign including the sign area.

(FF) Temporary sign. A sign which is erected or displayed for a limited period of time.

(GG) Total allowable sign area. The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated as to create a surface area in excess of the requirements.

(HH) Traffic sign. A sign which is erected by a governmental unit for the purpose of directing or guiding traffic.

(II) Wall sign. A sign which is affixed directly to or painted on, or otherwise inscribed on an exterior wall or window of any building and projects toward therefore no more than twelve (12) inches.

§ 150.182 Permits Required.

No sign, outdoor advertising structure or display of any character shall be permitted except in conformity with the following regulations. Except as herein provided, a zoning permit is required for erection, construction, placement or replacement of any sign to be permanently attached to a structure affixed to the ground.

§ 150.183 Application for Permit.

(A) Each application for a zoning permit under this Section shall be submitted to the Administrator and shall include the fee for a zoning permit as prescribed in the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this Code, as that ordinance may be amended from time to time. All applications for permanent sign permits shall be reviewed by the Administrator which shall make a determination of the proposed sign’s compliance with the terms of this Ordinance. Each application shall state or have attached thereto the following information:

(A) Name, address and telephone number of person for whom sign is being erected. Name or person, firm, corporation or association erecting structure.

(B) A complete description of the sign and a sketch showing its size, manner or construction and such other information as shall be necessary to inform the Administrator of the kind, size, material and construction of the sign, including the proposed location of the sign and the location of building, structure or lot to which, or upon which the sign is to be attached or erected.

(C) Position of the sign and other advertising structure in relation to nearby buildings or structures, and lighting details.

(D) Application for billboards shall show location of building and structures within 300', and location of existing billboards within 1500', and the landscaping in area of proposed billboard.

(E) The Administrator may waive requirements for technical information specified above where such information is not necessary to the determination of compliance.

(F) If a sign authorized by permit has not been installed within six (6) months after the date of issuance, the said permit shall become null and void.

§ 150.184 General Provisions Applicable to all Signs.

(A) It shall be the responsibility of the permit holder and of the owner and lessee of the property and structure upon which any sign is located to:

(1) Keep the ground around any sign free of weeds and litter.

(2) Immediately repair or remove any sign or sign structure which becomes unsafe, in a state of disrepair, insecure or a menace to the public following written notice of such condition from the City.

(3) When electrical signs are installed, the installation shall be subject to the Electrical Code as may be amended.

(B) No sign or sign structure shall be placed on or protrude over the public right-of-way except wall (maximum protrusion 12 inches), canopy, awning, and marquee signs. All signs located over public right-of-way or over public or private access route (sidewalk, etc.) shall be located a minimum of eight (8) feet above surface grade.

(C) The temporary use of searchlights, banners, pennants, portable signs and similar devices shall be permitted for a period not to exceed thirty (30) consecutive days. Use of these devices for a period longer than thirty (30) days shall require a permit.

(D) All height restrictions on signs shall include height of sign structure and be measured from nearest finished grade.

(E) Any sign now or hereafter existing which no longer advertises or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the beneficial use and/or control of the building or structure upon which the signs may be found within ten (10) days after written notice from the Administrator.

(F) Pylon or free-standing signs where permitted will be limited to one per commercial establishment. Multi-establishment buildings are herein defined as a single commercial establishment, excepting shopping centers, and are limited to one free-standing or pylon sign.

(G) Signs shall conform to the building setback regulations for the district in which they are located.

(H) Lighter than air, inflatable devices and/or balloon, designed and utilized primarily to draw attention to an object, product, place, activity, person, institution, organization or business, shall be permitted for a period not to exceed thirty (30) consecutive days. Use of these devices for a period longer than thirty (30) days shall require a permit.

§ 150.185 Prohibited Signs.

The following signs are hereby prohibited:

(A) Any sign that does or would interfere with the ability of drivers or pedestrians to see any traffic sign or signal or any crosswalk or otherwise constitute a public hazard.

(B) Signs which resemble any official marker erected by a governmental agency which are not authorized by a government agency.

(D) No sign shall contain any indecent, offensive picture, or immoral in character or written manner.

(E) Roof signs.

(F) Any off-site sign except bench signs.

§ 150.186 Permitted Sign Requiring No Permit.

The following signs shall be permitted without a permit:

(A) Free-standing, temporary, campaign signs may remain for a period of not more than ninety (90) days prior to the election date and ten (10) days after an election, provided such signs are behind the front property line and placed with permission of the property owner or lessee.

(B) Directional signs located on, above, or beside entrances or exits to buildings or driveways, which direct pedestrians, such as “Employees Entrance,” “Exit Only,” “Rest Rooms,” and provided that such signs are no more than four (4) square feet in area.

(C) Temporary signs denoting the architect, engineer, or contractor, when placed upon work under construction. Construction signs shall be confined to the site of the construction, alteration, or repair, and shall be removed when the particular project is completed as determined by the Administrator. One (1) sign shall be permitted for each major street the project abuts. No sign may exceed fifty (50) square feet.

(D) Integral Signs.

(E) Holiday Signs. Holiday signs may be displayed for a period not to exceed sixty (60) days.

(F) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible material and attached to the building, provided such signs are less than nine (9) square feet in area.

(G) Monuments up to twenty (20) square feet in area.

(H) Informational signs.

(I) Identification signs. One identification sign for each occupant of a premise which shall not exceed three (3) square feet in area per surface. The sign shall be so constructed as to have no more than two (2) surfaces and shall not contain any advertising information.

(I) Real estate sale or rental sign. Signs must be removed within fourteen (14) days after sale or rental of property. Signs may not measure more than eight (8) square feet in Residential Districts, nor more than twenty (20) square feet in all other districts. There shall be only one (1) sign per premises. Corner properties and double front lots may contain two (2) signs, one (1) per frontage.

(J) Institutional signs.

(K) Individual property sale or rental signs.

(L) Flag of any state or nation, and not exceeding sixty (60) square feet.

(M) Garage sale signs.

(N) Temporary special event signs, portable signs and banners for commercial, community and non-profit sponsored events, provided they are in use for no more than thirty (30) consecutive days.

(O) Temporary child refreshment stand signs.

§ 150.187 District Regulations for Signs.

The following signs shall be allowed in the indicated zoning districts in accordance with the permit provisions of this Section:

(A) Signs in Residential districts.

(1) R-1 District. One (1) non-illuminated wall or free-standing sign no more than six (6) square feet in area for single and two-family dwellings. For dwellings or complexes with three (3) or more units, one (1) sign at each entry with a maximum of two (2) signs with no more than seventy (70) percent of the total sign area contained in any one sign. The total allowable sign area shall be twenty (20) square feet for dwellings or complexes containing from three (3) to twenty (20) units, and thirty (30) square feet for dwellings or complexes containing twenty-one (21) or more units.

(B) Signs in B-1 District.

(1) No business shall place more than two (2) signs on the principal building in which it is located. Except as provided below, each sign shall be permitted if determined to be a separate wall (frontage).

(2) The maximum area for wall signs on a building occupied by a single business shall be determined by taking twenty (20) percent of the gross silhouette area of the front of the building. The maximum area for wall signs for each business which occupies a part of a principal building shall be determined by taking twenty (20) percent of the gross silhouette area of the store front of the business. The silhouette shall be defined as that area within an outline drawing of the front of the building or storefront as may be applicable.

(3) If a business occupying only part of a principal building has only one (1) frontage, the business owner may erect two (2) signs on the frontage, the combined square footage of which shall not exceed the maximum allowable square footage as determined above.

(4) In addition to wall signs, pylon signs may be utilized, or a combination of both, not to exceed one (1) pylon sign. In no case, however, shall more than three (3) signs be displayed.

(5) Pylon Signs. Area, Height Regulations: A maximum of two hundred (200) square feet of area per face shall be permitted and a maximum height not to exceed fifty (50) feet.

(6) All other standards including setbacks that are applicable to other signs and structures shall apply to billboards including the following provisions:

(a) Billboards shall be located so as not to obstruct any existing business or sign.

(b) Billboards must be landscaped around the base of the sign.

(d) No billboard structure shall contain more than two signs per facing.

(e) The maximum height of any portion of the sign, including trim and extensions, shall be not more the fifty (50) feet.

(7) No billboard shall be erected on the roof of any building.

(8) Billboards are not permitted within five hundred (500) feet of residential districts.

(a) No permit shall be granted for any proposed billboard if it is within one thousand (1000) feet of any existing billboard. Existing billboard shall be defined as any billboard located within or outside the City’s municipal boundaries.

(C) Signs in I-1 District. Total allowable sign area, inclusive of free-standing and pylon sign where permitted, shall not exceed twenty (20) percent of the building’s principal wall frontage. Two or more principal wall frontages shall be allowed if each is held by the City Council to be a separate frontage.

(1) Setbacks. All permanent signs in the industrial district shall be set back at least ten (10) feet from any public right-of-way.

(2) Height Regulations. Pylon signs shall not exceed fifty (50) feet in height. Free-standing signs shall not exceed twelve (12) feet in height.

§ 150.188 General Provisions Regulating Use of Artificial Light Sources for Signs.

The following provisions shall govern the use of artificial light sources for all signs within the City:

(A) Signs illuminated with artificial light shall be permitted in accordance with the provisions of this Section. Illuminated holiday signs are permitted in residential districts for a period not to exceed sixty (60) days.

(B) All artificially illuminated signs shall use only that amount of artificial light as is needed to light the sign. Specifically, wattage and lumen output of all light sources shall be kept to the minimum necessary to accomplish the intended purpose. Glare or reflected light which is a by-product of such light also shall be considered artificial light and similarly shall be kept to a minimum. Artificial light sources shall not be placed at any height taller than is essential to accomplish the intended purpose.

(C) All artificial light sources shall be contained in fully opaque fixtures which control the light such that it is directed either straight down or straight up or is located so close to the sign that there is no broadcast or glare of light beyond the sign. It is intended that the visibility of the light source itself be minimal.

(D) All artificial illumination of sign shall be turned off at the close of business or at 10:00 pm, whichever occurs later.

§ 150.189 Non-Conforming Signs.

Any sign existing upon the effective date of this ordinance 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.

After a non-conforming sign has been removed, it shall not be replaced by another non-conforming sign. Whenever the use of a non-conforming sign has been discontinued for a period of three (3) months, such use shall not be resumed thereafter unless the sign meets the requirements of this Section.

§ 150.190 Abatement.

If the Administrator finds that any sign has been erected without the necessary permit(s) or any sign is being maintained in violation of any provision of this Section, written notice of such violation will be given to the installer of said sign, to the permit holder and/or to the owner, lessee or manager of said property. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of this Chapter, the sign shall be deemed to be a nuisance and may be abated by the City under Minnesota Statutes, Chapter 429. The cost of such an abatement, including administrative expenses and reasonable attorneys’ fees, may be levied as a special assessment against the property upon which the sign is located.

§ 150.191 Appeals.

An applicant for a sign permit or a permit holder may appeal any order, requirement, decision or determination made by the Administrator or his authorized designee in the enforcement of this Section by filing an application for appeal with the Administrator. The process for an appeal shall be as provided in § 150.250 of this Ordinance.

§ 150.192 Variances.

An applicant for a sign permit may request a variance from the requirements of this Ordinance. The process for requesting a variance shall be as provided in § 150.250 of this Ordinance. The Council may approve such a variance upon a finding that the variance meets each of the following criteria, although it shall not be required to do so:

(A) There are exceptional or extraordinary circumstances or conditions applying to the property and/or structure(s) in question, which circumstances or conditions do not apply generally to other property and/or structures.

(B) The variance is necessary for the preservation of substantial property rights of the applicant.

(C) Under the circumstances of the particular situation the variance will not adversely affect the health, safety or general welfare of residents of the surrounding area or of the community as a whole.

OFF-STREET PARKING AND LOADING

§ 150.200 Purpose.

It is the purpose of this Section to provide for the regulation of and design standards for off-street parking facilities within the City to minimize congestion on the public right-of-ways and to maximize the safety and general welfare of the public.

§ 150.201 Scope of Regulations.

The off-street parking requirements and off-street loading requirements of this Section shall apply within all zoning districts.

§ 150.202 Calculating Space.

(A) Where calculations result in requiring a fractional space, any fraction less than one-half (1/2) shall be disregarded and any fraction of one-half (1/2) or more shall require one space.

(B) The term “floor area” for the purpose of calculating the number of off-street parking spaces required shall be determined on the bases of the exterior floor area dimensions of the building structure.

(C) Should a building or structure contain two (2) or more types of uses, each should be calculated separately for determining the total off-street parking spaces required.

(D) The parking requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning Commission.

(E) In places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each eighteen (18) inches of width should be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this title.

§ 150.203 Site Plan.

Except for single family dwellings, all applications for a zoning permit shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of all off-street parking and loading spaces in compliance with the requirements of this Section. Such plan shall be reviewed by the Planning Commission and approved by the City Council, in accordance to the criteria developed in § 150.204. The site plan should include at least the following:

(A) Zoning, setbacks, and statement of use.

(B) North point and scale.

(D) Sidewalks, curbs, gutters, and street trees.

(E) Entire ownership of lot or parcel being developed.

(F) Completely dimensioned parking layouts.

(G) All parking spaces clearly marked.

(H) Owner’s name and current address.

(I) The type and thickness of the paving.

§ 150.204 Site Plan Criteria.

Upon review by the Planning Commission and approval by the City Council, the plan for off-street parking shall meet the following site design standards:

(A) All areas devoted for parking space and driveways shall be surfaced with materials suitable to control dust and drainage as determined by the Planning Commission and City Council. All parking areas shall be designed to control surface runoff to adjacent properties either with curbing or grading techniques.

(B) Any lighting used to illuminate off-street parking areas shall be directed away from abutting property and public right-of-way.

(C) No sign shall be so located as to restrict the sight, orderly operation, and traffic movement within any parking area.

(D) All parking lots shall be screened and landscaped from abutting residential and institutional uses or districts by a wall, fence, or densely-planted compact hedge or tree cover not less than five (5) feet nor more than eight (8) feet in height.

(E) The parking area shall meet the minimum design standards, and number of stalls required within this Section.

(F) The parking area shall meet the minimum setback requirements set forth in the zoning district, except when the parking area abuts an adjacent lot located in a residential district, wherein the parking areas shall be set back five (5) feet from the adjacent lot line.

§ 150.205 Reduction and Use of Parking and Loading Space.

No change of use or occupancy of land, or of use or occupancy of any building shall be made until there is furnished sufficient parking and loading spaces as required by this Section. In such case where reconstruction enlarges bulk or floor area or other such measurable unit prescribed in this Ordinance, parking and loading facilities shall be provided for that measurable unit beyond the original type use of structure.

§ 150.206 Parking of Commercial Vehicles or Equipment.

No commercial vehicles, or equipment, exceeding nine thousand (9,000) pounds gross weight, shall be parked, stored, or otherwise continued in a residential district for more than a maximum of twenty-four (24) hours unless in a completely enclosed structure or unless they are being used in conjunction with a legitimate service being rendered for the benefit of the residential premises.

§ 150.207 Parking and Storage of Certain Vehicles.

Automotive vehicles or trailers of any kind or type without current legal license plates or required insurance, for sale or rent, or those inoperable shall not be parked or stored on any residentially zoned property other than in completely enclosed building.

§ 150.208 Maintenance.

It shall be the joint responsibility of the owner of the principal use or building to maintain in a neat and adequate manner, the parking area, striping, landscaping and screening.

§ 150.209 Stall, Aisle and Driveway Design.

(A) Except in the case of single family and two-family dwellings, and townhouses, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley, and such design does not require backing into the public street.

(B) Except in the case of single family and two-family dwellings, and townhouses, parking areas shall comply with the following standards:

Minimum

Angle of Stall Stall Driveway

Parking Width Depth Width

0 degrees (Along Curb) 10' 10' * 12'

30 degrees 10' 19' 11'

45 degrees 10' 21' 13'

60 degrees 10' 22' 18'

90 degrees 10' 19' 24'

*Parallel Parking: 22 feet in length.

(C) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street right-of-ways for residential uses, and sixty (60) feet for commercial and industrial areas. This distance shall be measured from the intersection of lot lines.

(D) Curb cut openings shall be a minimum of five (5) feet from the side property line.

(E) All parking spaces shall be served by access aisle or driveway connections to a public right-of-way.

§ 150.210 Number of Required Parking and Loading Spaces.

The following minimum number of off-street parking and loading spaces shall be provided and maintained:

Use	Number of Parking Spaces to be Required	Off-Street Loading & Unloading Spaces
Residential Uses
Single Family	2 spaces per dwelling	N.A.
Two-Family	2 spaces per dwelling unit	N.A.
Elderly Housing	1/2 space per dwelling unit	N.A.
Multiple Family	1 1/2 spaces per dwelling unit	N.A.
Institutional Uses
Auditorium, community centers and religious institution (private or public)	1 space for each 4 permanent seats in the largest place of assembly plus 1 space for each 250 sq. ft. of gross office area.	1 for each structure over 100,000 sq. ft. of gross floor area.



Hospitals, nursing homes, etc.	1 for each 4 beds plus one space per 2 employees on major shift.	1 space for 100,000 sq. ft. of gross floor area.


Schools	As recommended by the Minnesota Dept. of Education.
Commercial Uses
Commercial Uses (except as below)	5 spaces per 1,000 sq. ft. of retail or sales floor area.	1 space for the first 10,000 sq. ft. of gross floor area and 1 space for each 50,000 sq. ft. of gross floor area.


Animal hospitals and kennels	6 spaces plus 1 space for each 200 sq. ft. of gross floor area over 10,000 sq. ft.	N.A.


Automobile Service Stations	3 for each service stall plus 1 for each attendant on the major shift.	N.A.


Bowling alleys	5 spaces for each lane or alley.	1 space for each structure over 20,000 sq. ft. in gross floor area.
Commercial uses with 50% or more of floor area devoted to storage, warehouse and/or industry	1 space per 200 sq. ft. of gross floor area devoted to sales or service plus 1 space per 500 sq. ft. of storage area.	Same as commercial use requirements for that portion used for commercial purposes. Additional space for storage required
Furniture, automobile, marine, and appliance sales	1 space for each 400 sq. ft. of floor area the first 25,000 sq. ft. and 1 space for each 600 sq. ft. thereafter.	1 space plus 1 additional space for 25,000 sq. ft. of gross floor area.
Motel, Hotel	1 space for dwelling unit.	N.A.
Office building, professional offices banks.	1 space for each 250 sq. ft. of gross floor area	1 space for buildings between 30,000 sq. ft. and 100,000 sq. ft. of gross floor area and 1 space for each additional 100,000 sq. ft. of gross floor area.
Restaurants and other food dispensing establishments except drive- in restaurants.	1 space for each 4 seats plus 1 for each 2 employees.	1 space for each structure over 10,000 sq. ft. of gross floor area.
Theater	1 space per 4 seats.	N.A.
Undertaking establishments	1 space per 50 sq. ft. of gross floor area.	N.A.
Industrial Uses Manufacturing, assembler, processing, research, experimental or testing stations	1 space for each employee on the major shift or 1 space for each 400 sq. ft. whichever is greater	1 space for structure over 10,000 sq. ft. gross floor area and 2 spaces for each structure over 100,000 sq. ft. of gross floor area.
Warehousing and wholesale business establishments	1 space for each employee on the major shift plus 1 space for each company vehicle.	1 space for each structure over 10,000 sq. ft. of gross floor area and 2 spaces for each structure over 100,000 sq. ft. of gross floor area.

§ 150.211 Joint Facilities.

Provisions of joint parking areas for several uses within the same block or same vicinity is permissible provided that the number of stalls required shall be the sum of the individual requirements for each use.

(A) The City Council may, upon receiving a recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each businesses, if the following conditions are satisfactorily met:

(1) The building or use for which the application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities.

(2) The applicant shall show that there is no substantial conflict in the operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed.

(3) The provisions of this Section of this Ordinance are considered and satisfactorily met.

§ 150.212 Off-street Loading Facilities.

Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet wide. The regulations of this Section are not applicable in the “B-1” District. Every lot used for commercial or industrial purposes and having a building or buildings with a total floor area of at least ten thousand (10,000) square feet and every lot used for office or research purposes on which there is a building or buildings having a gross floor area between thirty thousand (30,000) and one hundred thousand (100,000) square feet, shall be provided with an off-street loading space. One additional loading space for every one hundred thousand (100,000) square feet of gross floor area shall be required for lots used for commercial or industrial purposes where the floor area of all buildings exceeds one hundred thousand (100,000) square feet. For those uses identified in § 150.210, the requirements set forth in that subdivision shall apply.

NONCONFORMING BUILDINGS, STRUCTURES AND USES.

§ 150.220 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.

§ 150.221 Regulations.

(A) Any structure or use lawfully existing upon the effective date of this Ordinance 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.

(B) No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel, unless such movement shall bring the nonconformance into compliance with the requirements of this Ordinance.

(C) If at any time a nonconforming building, structure or use shall be destroyed to the extent of more than fifty (50) percent of its fair market value, said value to be determined by the County 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 these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty (50) percent of its value may be restored to its former extent.

(D) Whenever a lawful nonconforming use of a structure or land is discontinued for a period of six (6) months, following written notice from an authorized agent of the City, any future use of said structure or land shall be made to conform with the provisions of this Ordinance.

(E) Normal maintenance of a building or other lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.

(F) Alterations may be made to a building or other lawful nonconforming residential units as a conditional use when the alterations will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building or increase the nonconformity.

(G) Any proposed structure which will, under this Ordinance, become nonconforming but for which a zoning permit has been lawfully granted prior to the effective date of this Ordinance, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this Ordinance. Such structure and use shall thereafter be a legally nonconforming structure and use.

ADMINISTRATION AND ENFORCEMENT

§ 150.225 Administrating Officer.

This Ordinance shall be administered and enforced by the Administrator who shall be appointed by the City Council.

§ 150.226 Duties of the Administrator.

The Administrator shall enforce the provisions of this Ordinance and shall perform the following duties:

(A) Determine that all zoning permits comply with the terms of this Ordinance. Maintain permanent and current records of this Ordinance, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications thereto.

(B) Receive, file and forward all applications for appeal, variances, conditional uses and other matters to the designated official bodies.

(D) The Administrator may waive requirements for technical information when deemed appropriate. The Administrator may also request additional information when deemed appropriate.

(E) Conduct site visits, as needed, to inspect buildings, structures and uses of land that are proposed, being built/developed or constructed to determine compliance with this Ordinance.

(F) To inform the applicant of all ordinances, regulations, and procedures relevant to the applicant’s request within five (5) business days.

§ 150.227 Zoning Permit Required.

(A) Scope. From and after the effective date of this Ordinance, it shall be unlawful to proceed with the construction, reconstruction, enlargement, demolition, or removal of any building or structure, or part thereof; the moving of any structure into or within the city; major remodeling affecting the use of a structure; and the improvement or alteration of land to any use without first obtaining a zoning permit.

(B) Application. Request for a zoning permit shall be filed with the Administrator on an official application form. Each application for a permit shall be accompanied by site and floor plans drawn to scale showing the dimensions of the property. In addition, the size, location and use of all principal and accessory buildings and parking areas, and such additional information deemed necessary for the proper review and enforcement of this Ordinance and any other applicable building codes shall also be provided with the application.

(1) A zoning permit shall be either issued or refused within ten (10) days after the receipt by the Administrator of a complete application and all other information requested with the application therefore, or with such further period as may be agreed to by the applicant in writing.

(2) One copy of all plans, application shall be returned to the applicant by the Administrator after s/he has marked each copy approved or disapproved and attested to the same by s/he signature and the signature of one (1) planning commission member on such copy. A zoning permit shall be provided with all approved applications.

(3) A registered land survey may be requested by the Administrator or Planning Commission.

(D) Period of Validity. A zoning permit shall become null and void six (6) months after the date on which it was issued unless within such period construction, reconstruction, major remodeling or moving of a structure is commenced or a use is commenced. All construction, reconstruction, major remodeling or moving of a structure for which a permit was issued must be completed within twelve (12) months of the date on which it was issued or said permit will become null and void. One (1) extension of time in which to complete the work approved with the issuance of a zoning permit may be granted by the City Council. Such extension shall be requested in writing and filed with the Administrator at least thirty (30) days before the expiration of the original zoning permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the zoning permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

(E) Fees. The fees to be paid for each zoning permit shall be as prescribed in the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this Code as that ordinance may be amended from time to time.

§ 150.228 Other Fees.

(A) To defray administrative costs of processing requests for conditional uses, amendments, variances or appeals, a base fee per application shall be paid by all applicants.

(B) The fees to be paid for each application for an amendment to this Ordinance, rezoning, a variance, special Planning Commission meeting, Planned Unit Development or conditional use permit shall be as prescribed in the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this Code, as that ordinance may be amended from time to time.

(C) Fees shall be payable at the time applications are filed with the Administrator and are not refundable unless application is withdrawn prior to referral to the Planning Commission. There shall be no fee in the case of applications filed in the public interest by members of the Council or by the Planning Commission.

(D) In order to defray the additional cost of processing applications (amendment, conditional use, variance, appeal) for developments, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for said request.

(1) “Materials” shall include, but not be limited to, maps, graphs, charts, drawings, etc., and all printing or reproduction of same.

(2) “Staff and/or Consulting Time” shall include any time spent in either researching for or actual production of materials.

(3) The hourly rate for “staff and/or consulting time” shall be established and made available to the applicant by the Administrator prior to production of any materials and the applicant shall be given a reasonable estimate of project time and/or materials costs.

AMENDMENTS AND CONDITIONAL USE PERMITS

§ 150.235 Procedure.

(A) Request for amendments or conditional use permits, as provided within this Ordinance, shall be filed with the Administrator on an official application form. Such application shall also be accompanied by complimentary copies of detailed written and graphic materials fully explaining the proposed change, development, or use. The Administrator shall refer said application, along with all related information, to the City Planning Commission for consideration and a report at least ten (10) days before the next regular scheduled meeting.

(B) The Administrator, on behalf of the Planning Commission, shall set a date for a public hearing for amendments and conditional use permits. Notice of the time, place and purpose of the hearing shall be published in the official newspaper. Notice shall be mailed not less than ten (10) days to all property owners of record according to the county assessment records or the city’s parcel zoning map, within three hundred fifty (350) feet of the property to which the request relates. A copy of the notice and a list of the property owners and addresses to which the notices were sent shall be attested to by the Administrator and made part of official record. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.

(C) The Planning Commission shall consider the request and hold a public hearing at its next regular scheduled meeting unless the filing date falls within ten (10) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Administrator shall refer said application, along with all related information, to the City Planning Commission for consideration. The applicant or a representative thereof may appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.

(D) The Planning Commission shall consider possible adverse affects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following general factors:

(1) Relationship to the City’s growth and development patterns.

(2) The geographical area involved.

(3) Whether such use will tend to or actually depreciate the area in which it is proposed.

(4) The character of the surrounding area.

(5) The demonstrated need for such use.

(6) The public need for additional land space for the requested use in the location requested.

(7) Compatibility of adjacent land uses.

(8) The possible presence and effects of noise, odors or other nuisances.

(9) Availability in the present or near future of necessary utilities and public services.

(E) The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Ordinance.

(F) Within thirty (30) days from the date of the public hearing, the Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request to the City Council.

(1) In considering conditional use requests, the Planning Commission shall evaluate the use, utilizing from the requirements “(a)” through “(l)” below, those which are specific to the designated uses as indicated in “(2)” below.

(a) The land area and setback requirements of the property containing such a use or activity shall be the minimum established for the district.

(b) When abutting a residential use in a residential district, the property shall be screened and landscaped in compliance with § 150.130 of this Ordinance.

(c) Where applicable, all city, state and federal laws, regulations and ordinances shall be complied with and all necessary permits secured.

(d) All signs shall be in compliance as regulated by this Ordinance and shall not adversely impact adjoining or surrounding residential uses.

(e) Adequate off-street parking and loading shall be provided in accordance with this Ordinance.

(f) The proposed water, sewer and other utilities shall be capable of accommodating the proposed use.

(g) The street serving the use or activity is of sufficient design to accommodate the proposed use or activity, and such use or activity shall not generate such additional extra traffic to create a nuisance or hazard to existing traffic or to surrounding land uses.

(h) All open and outdoor storage, sales and service areas shall be screened from view from the public streets and from abutting residential uses or districts.

(i) All lighting shall be designed as to have no direct source of light directed towards adjacent residential areas.

(j) The use or activity shall be properly drained to control surface water runoff.

(k) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence.

(l) Where structures combine residential and non-residential uses, such uses shall be separated and provided with individual outside access, and the uses shall not conflict in any manner.

(2) The conditional use application shall comply with the minimum specific requirements pertaining to each designated conditional use as stated below.

Conditional Use Requirements

Apartments; Multiple- (a), (c), (e), (f),

Family Residences (i), (j), (k), (l)

Commercial Recreation; (a), (b), (c), (d),

Commercial Establishments; (e), (f), (g), (h),

Automobile Service Stations (i), (j), (k

Parking Facilities (b), (c), (d), (e),

(g), (i), (j)

Public Buildings (a), (e), (f),

and Uses; Cemeteries (g), (i), (k)

(3) Additional Conditions and Restrictions. The Planning Commission may recommend and the City Council may impose additional conditions and restrictions which are reasonably necessary to insure compliance with all provisions of this Ordinance or are deemed necessary to protect the public’s interest. Additional conditions and restrictions include, but are not limited to, matters relating to appearance, lighting, hours of operation and performance characteristics. All conditions pertaining to a specific site are subject to change when the Planning Commission or City Council, upon investigation, finds that the community safety, health, welfare and public betterment can be served as well or better by modifying the conditions.

(G) Upon receiving the report and recommendation of the Planning Commission and within sixty (60) days of the Administrator receiving the completed application, the City Council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

(H) Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:

(1) Approve or disapprove by majority vote the request as recommended by the Planning Commission based upon whether the application meets the requirements stated in the Ordinance.

(2) Approve or disapprove by majority vote the recommendation of the Planning Commission with modifications, alterations, or differing conditions. Such

modifications, alterations or differing conditions shall be in writing and made part of the Council’s records, or

(3) Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action. Approval of a request shall require passage by a majority vote of the full City Council. The Administrator shall notify the applicant of the Council’s action.

(I) The recommendation of the Planning Commission shall be advisory to the City Council. The decision of the City Council shall be final subject to judicial review and made within sixty (60) days of receipt of a complete application.

§ 150.236 Lapse of Conditional Use Permit by Non-Use.

Whenever within one (1) year after granting a conditional use permit the work as permitted by the permit shall not have been completed, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Administrator at least thirty (30) days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision and shall be requested only one time on a singular action.

§ 150.237 Amendments.

The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this Ordinance. Any person owning real estate within the City may initiate a request to amend the district boundaries or text of this Ordinance so as to affect the said real estate. All amendment requests must first be reviewed by the Planning Commission.

(A) Types of Amendments. An amendment to this ordinance may be one of the following:

(1) A change in a district’s boundary (rezoning).

(2) A change in a district’s regulation.

(3) A change in any other provision of this ordinance.

(B) The City Council, by a majority vote of its members, after the hearing, may adopt a new zoning ordinance and the amendments or alterations thereto. Two-thirds majority vote of the Council is required for reclassification of land from residential to commercial or industrial. The Planning Commission shall report in writing as to whether in its opinion the proposals to the City Council in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall conduct a public hearing on such proposed ordinance, changes or alterations.

§ 150.238 Initiation of Proceedings.

Proceedings for amending this ordinance shall be initiated by at least one of the following three methods:

(A) By petition of the owner or owners of property which is proposed to be rezoned.

(B) By recommendation of the Planning Commission.

§ 150.239 Required exhibits for rezoning initiated by property owners.

(A) Proof of ownership or intent to own property.

(B) Registered land survey upon Planning Commission request.

VARIANCES AND APPEALS

§ 150.245 Purpose.

The Planning Commission is hereby established as the Board of Appeals and Adjustments for the purpose of hearing appeals and variances under the provisions of this Ordinance in harmony with the purpose and intent of this Ordinance. The Board of Appeals and Adjustments (Planning Commission) shall be advisory to the City Council.

§ 150.246 Procedures on Variances.

(A) The applicant for a variance shall complete and submit to the Administrator an application for a variance, together with a fee established by the City Council.

(B) The Planning Commission shall hold a public hearing on the proposed variance. Notice of the time, place, and subject matter of the proposed variance shall be published in the official newspaper. Property owners within 350 feet of the subject property shall receive a copy of said notice by mail. Such notices shall be published and mailed ten days before the public hearing. Failure to receive a notice shall not invalidate the proceedings.

(C) The Planning Commission shall make written Finding of Fact and Recommendations on the proposed variance to the City Council.

(D) The City Council shall approve or deny the proposed variance following referral by the Planning Commission.

(E) Within thirty (30) days from the date the request was received, the Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request to the City Council. Such findings shall be entered in and made a part of the written record of the Planning Commission.

(F) Upon receiving the report and recommendation of the Planning Commission and within sixty (60) days of the request being received by the Administrator, the City Council shall make a land use decision. Such reports and recommendations shall be entered in and made a part of the permanent written record of the City Council.

(G) Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:

(1) Approve or disapprove the request as recommended by the Planning Commission, or

(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. Such modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records, or

(3) Refer the recommendation back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.

(H) Approval of variances or appeals shall require passage by a majority vote of the full City Council. The Administrator shall notify the applicant of the Council’s action.

(I) The decisions of the Planning Commission shall be advisory to the City Council. The decisions of the City Council shall be final subject to judicial review.

§ 150.247 Standards for Granting Variances.

A variance may be granted only in the event that the applicant demonstrates by factual presentation that all of the following circumstances exist:

(A) The interpretation of the provisions of this Ordinance would cause undue hardship, deprive the applicant of rights commonly enjoyed by other properties in the same District under the terms of