Chapter 129

ZONING*

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*State law reference—Zoning generally, Minn. Stats. § 462.357.

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ARTICLE I. IN GENERAL

Sec. 129-1. Intent and purpose.

This chapter is adopted for the purpose of:

(1)        Protecting the public health, safety, morals, comfort, convenience and general welfare.

(2)        Promoting orderly development of the residential, commercial, industrial, recreational, and public areas.

(3)        Conserving the natural and scenic beauty and attractiveness of the city.

(4)        Conserving and developing natural resources.

(5)        Providing for the compatibility of different land uses and the most appropriate use of land throughout the city.

(Code 1987, § 350.205; Ord. No. 61-1993, § 350.205, 2-23-1994)

Sec. 129-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means and shall be considered to be an integral part of the principal structure unless it is five feet or more from the principal structure or use and providing that the structure exceeds 120 square feet. The term "accessory shed," as defined in this section, shall not be classified as an accessory building.

Accessory outdoor retail uses means exterior retail sales that shall be enclosed by walls, fencing or other suitable material. Such uses shall be an accessory to the principal retail structure and shall not exceed 20 percent of the floor area of the principal structure.

Accessory shed means a one-story detached accessory structure, used as a tool and storage shed, playhouse, and similar use, provided the floor area does not exceed 120 square feet.

Alley means a public right-of-way which affords a secondary means of access to abutting property. The term "alley" does not include fire lanes.

Automobile repair, major, means the general repair, rebuilding, or reconditioning of engines, motor vehicles or trailer, including bodywork, framework, and major painting service.

Automobile repair, minor, means the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental bodywork and fender work, minor painting and upholstering service when said service stated in this definition is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.

Basement means a portion of a building located partly underground but having half or more of its floor-to-ceiling height below the average grade of the adjoining ground.

Bluff means topographic feature such as a hill, cliff, or embankment having all of the following characteristics:

(1)        Part or all of the feature is located in a shoreland area;

(2)        The slope rises at least 25 feet above the ordinary high-water level of the water body;

(3)        The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high-water level averages 30 percent or greater; and

(4)        The slope must drain toward the water body.

An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of a bluff.

Bluff impact zone means an area including a bluff and land located within 20 feet from the top of the bluff.

Bluff line means a line along the top of a slope connecting the points at which the slope becomes less than 12 percent. This applies to those slopes within the land use districts which are beyond the setback provisions from the ordinary high-water mark.

Boardinghouse, roominghouse or lodginghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed 20 persons.

Building means any structure having a roof which may provide shelter or enclosure for persons, animals, chattel, or property of any kind.

Building height means the vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

Building line means a line parallel to the street right-of-way or the ordinary high-water level at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line or ordinary high-water level.

Building setback means the minimum horizontal distance between the building foundation wall and a lot line.

Business means any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

Carport means an automobile shelter having one or more sides open.

Carwash, automatic conveyor, means a carwash where the car is attached to a conveyor and proceeds through the line.

Carwash, automatic drive-through, means a carwash where the person drives the car through the wash and machines clean the car.

Carwash, coin-operated self-service, means a carwash where a person washes the car themselves after depositing a coin in a machine for the use of water.

Church means 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.

Clearcutting means the removal of an entire stand of vegetation.

Clustering or cluster housing means the development of a pattern or technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.

Commercial recreation means recreational facilities such as bowling alleys, tennis courts, racetracks, etc., constructed and operated for profit, by private enterprise.

Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

Commissioner means the commissioner of the department of natural resources.

Community residential facility means a state licensed group home or foster home serving mentally retarded or physically handicapped persons.

Comprehensive plan or policies means a compilation of goals, policy statements, standards, programs, and maps for guiding the physical, social, and economic development, both public and private, of the city and its environs, as defined in the Metropolitan Land Planning Act and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Conditional use means a use under this Code requiring the approval and issuance of a conditional use permit.

Condominium means a form of individual ownership with a multifamily and/or commercial building with joint responsibility for maintenance and repairs. In a condominium, each apartment, townhouse or business unit is owned outright by its occupant, and each occupant owns a share of the land and other common property of the building.

Consignment shops means small scale retail shops selling goods on consignment. Goods shall be limited to crafts, clothing, soft goods, accessories, and/or similar related goods.

Cooperative means a multiunit development operated for and owned by its occupants. Individual occupants do not own their specific housing unit outright as in a condominium, but they own shares in the enterprise.

County board means the county board of commissioners.

Curb level means the grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this chapter.

Day care facility, adult (adult day care, adult day services, and family adult day services) mean a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care. The term "adult day care," "adult day services," and "family adult day services" do not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals.

Day care facility, child, means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. The term "child day care facility" includes commercial and home based day care.

Deck means a platform supported by an open system of posts, beams and other structural elements.

Drive-in means any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided with a building.

Dwelling, attached, means a dwelling that is joined to another dwelling at one or more sides by a party wall.

Dwelling, detached, means a dwelling that is entirely surrounded by open space on the same lot.

Dwelling, multiple-family, means a building designed exclusively for or occupied exclusively by three or more families living independently of each other.

Dwelling, single-family, means a building designed exclusively for and occupied exclusively by one family.

Dwelling, townhouse, means a building designed exclusively for or occupied exclusively for between three and six families living independently of each other. Each dwelling unit is attached horizontally in a linear arrangement with private front and rear entrances. Each dwelling unit must be separated from other dwelling units by a firewall extending from foundation through the roof with no openings. Each dwelling unit shall have a totally exposed front and rear wall to be used for entry, light, and ventilation.

Dwelling, twin home, means a building designed exclusively for or occupied exclusively by no more than two families living independently of each other with each unit located on a separate, single parcel of record, with the party wall separating the units acting as a dividing lot line.

Dwelling, two-family, means a building designed exclusively for or occupied exclusively by no more than two families living independently of each other with both units located on a single parcel of record.

Dwelling unit means a residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boardinghouses or roominghouses or tourist homes.

Easement means a grant by a property owner for the use of a strip of land by the public or any person for any specific purpose.

Essential service building means any building or similar structure designed and constructed to house or serve an essential service or public utility and necessary for the operation or maintenance thereof. The term "essential service building" includes, without limitation, publicly owned water well houses, sewer lift stations, and water towers.

Essential services means overhead or underground electric, gas, communication, steam or water transmission or distribution systems and structures, by public utilities or governmental departments or commissions or as are required for protection of the public health, safety, or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, and accessories in connection therewith, but not including buildings.

Exterior storage (includes open storage) means the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Family means one or two persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter.

Fence means any partition structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard.

Fire lane means a portion of a platted or dedicated public right-of-way extending to Lake Minnetonka, Dutch Lake or Lake Langdon from an intersecting platted or dedicated public right-of-way.

Floor area means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to a particular use, including accessory storage areas located within selling or working space and including any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, the term "floor area" shall not include the basement floor area other than area devoted to retailing activities, the production or processing of goods, or to business or professional offices.

Floor area ratio means the numerical value obtained through dividing the gross floor area of a building by the net area of the lot or parcel of land on which such building is located.

Floor plan, general, means a graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as a construction plan.

Forest land conversion means clearcutting of forested lands to prepare for a new land use other than the reestablishment of a subsequent forest stand.

Frontage means that boundary of a lot which abuts an existing or dedicated public street.

Garage, private, means an accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the families resident upon the premises.

Governing body means the City Council.

Group home, residential, means a building or structure where persons reside for purposes of rehabilitation, treatment, or special care, and which is not a community residential facility as defined herein. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or dependency.

Hardship, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by any landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under this chapter.

Highway means any public thoroughfare or vehicular right-of-way with a federal or state numerical route designations; any public thoroughfare or vehicular right-of-way with a county numerical route designation.

Home occupations means home occupations which shall be defined to mean any occupation or profession of a service character which is clearly secondary to the main use of the structure as a single-family private dwelling and does not change the character thereof. Any activity resulting in noise, fumes, traffic, light or odor to such an extent that it is noticeable that the property is being used for nonresidential purposes shall not constitute a home occupation. The use shall be confined to one room within the principal structure; shall be engaged in only by persons residing in the dwelling; and shall not have special parking, lighting, advertising, or other facilities which would indicate its use for purposes other than as a single-family private dwelling.

Hotel means a building that provides a common entrance, lobby, halls and stairway and in which 20 or more people are, for compensation lodged with or without meals.

Impervious cover means any surface impervious or resistant to the free flow of water or surface moisture. The term "impervious cover" shall include, but not be limited to, all driveways and parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks (one-quarter-inch minimum opening between boards) shall not be counted in impervious cover calculations.

Improved public street means a public right-of-way or private right-of-way approved pursuant to the requirements of the city, containing a bituminous or concrete surfaced roadway.

Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities, or other wholesale items.

Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row or block.

Kennel, animal, means any place where more than three of any single type of domestic animal, over six months of age, is owned, boarded, bred, or offered for sale, but not including livestock in relation to a farm.

Landscaping means planting such as trees, grass, and shrubs.

Lockbox means a structure accommodating the storage of boat and beach equipment, not exceeding 20 square feet in total floor area and four feet in height.

Lodgingroom means a room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room that provides sleeping accommodations shall be counted as one lodgingroom.

Lot means a parcel of land, abutting on a public street or having legal access to a public street, being a lot designated in a recorded plat or a division, or being a parcel of record of sufficient size to provide the yards required by this chapter.

Lot, corner, means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

Lot, lakeshore, means a lot abutting public waters or abutting public lands abutting public waters with the exception of designated parks.

Lot, substandard, means a lot of record that does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.

Lot, through, means a lot which has a pair of opposite lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this chapter.

Lot area, minimum, means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area below the ordinary high-water level as determined by the city or department of natural resources. (The ordinary high-water level for major lakes in the city: Lake Minnetonka = 929.4; Dutch Lake = 939.2; Lake Langdon = 932.1.)

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.

Lot line means the property line bounding a lot except that where any portion of a lot extends into the public street right-of-way, the lot line shall be deemed to be the boundary of said public right-of-way for the purpose of applying this chapter. This exception does not apply to any additional public street right-of-way obtained following the initial establishment of the street.

Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the city. For purpose of this chapter, a lot shall have only one front setback.

Lot line, rear, means that boundary of a lot that is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 20 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

Lot line, side, means any boundary of a lot that is not a front lot line or a rear lot line.

Lot of record means part of a subdivision, the plat of which has been recorded in the office of the register of deeds or registrar of titles; or a parcel of land, the deed to which was recorded in the office of said register of deeds or registrar of titles, in accordance with subdivision regulations and zoning ordinances of the city in effect at the time of said conveyance.

Lot width means the maximum horizontal distance between the side lot lines of a lot measured at the setback line.

Membrane structure means a structure usually consisting of an aluminum, steel or plastic frame which is covered with a plastic, fabric, canvas or similar nonpermanent material and is used to provide for the storage of vehicles, boats, recreational vehicles or other personal property. The term "membrane structure" shall also apply to structures commonly known as hoop houses, canopy-covered carports and tent garages and can be fully or partially covered but shall not apply to boat lifts and canopies which are placed in public waters.

Metes and bounds means a method of property description by means of their direction and distance from an easily identifiable point.

Motel means a building or group of detached, semidetached, or attached buildings containing guestrooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used, or intended to be used primarily for the accommodation of automobile travelers.

Motor fuel station means a retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories, and replacement of items, washing and lubrication services; and the performance of minor automotive maintenance and repair.

Motor fuel station, convenience store, means a store operated in conjunction with a motor fuel station for the purpose of offering for sale, goods not essential to the motoring public.

Nonconformity means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. The term "nonconformity" shall also include parcels or structures that have received variances.

Nursery, landscape, means a business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.

Nursing home means a building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the state board of health as provided for in Minn. Stats. § 144.50.

Obstruction means any dam, wall, wharf, embankment, levee, dike pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Off-street loading space means a space accessible from a street, alley or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of size as to accommodate one vehicle of the type typically used in the particular business.

Open sales lot (exterior storage) means any land used or occupied for the purpose of buying and selling goods, materials, or merchandise and for the storing of same under the open sky prior to sale.

Ordinary high-water level (OHWL) means a level delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high-water level is commonly that point where the natural vegetation changes from predominantly aquatic to predominately terrestrial. In areas where the ordinary high-water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. The ordinary high-water level for the lakes located in the city are as follows:

(1)        The Lake Minnetonka ordinary high-water level is 929.4 feet;

(2)        The Langdon Lake ordinary high-water level is 932.1 feet; and

(3)        The Dutch Lake ordinary high-water level is 939.2 feet.

Parking space means a suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.

Pedestrianway means a public or private right-of-way across or within a block, to be used by pedestrians.

Performance standard means criterion established to control noise, odor, toxic or noxious matter, vibration, fire or explosive hazards, or glare or heat generated by or inherent in the use of land or buildings.

Principal structure or use means one which determines the predominant use as contrasted to the accessory use of a structure.

Private schools means schools having a course of instruction approved by the state board of education for students enrolled in grades K-12 or any portion thereof; provided they do not include boarding or residential facilities.

Property line means the legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cart way, and the like.

Protective covenant means a contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property.

Public land means land owned or operated by municipal, school district, county, state or other governmental units.

Public waters means waters as defined in Minn. Stats. § 103G.005, subd. 15, as amended. Lakes, ponds or flowage of less than ten acres shall not be considered public waters.

Recreation, public, means and includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

Recreational equipment means play apparatus such as swing sets and slides, sandboxes, picnic tables, barbecue stands, and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding 25 square feet of floor area, or sheds utilized for storage of equipment.

Recreational vehicles means and shall include, but not be limited to, automobiles, boats, boat trailers, travel trailers, general purpose trailers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and snowmobiles.

Registered land survey means a survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract of a registered land survey number. See Minn. Stats. § 508.47.

Regulatory flood protection elevation means an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from a change in the designation of a floodway. The regulatory flood protection elevation for each lake is as follows:

(1)        The Lake Minnetonka regulatory flood protection elevation is 933.0 feet;

(2)        The Dutch Lake regulatory flood protection elevation is 942.0 feet; and

(3)        The Lake Langdon regulatory flood protection elevation is 937.0 feet.

Restaurants.

(1)        Class I traditional restaurant means where food is served and consumed by customers while seated at a counter or table. A cafeteria is where food is selected by customers while going through a serving line and taken to a table for consumption.

(2)        Class II fast food, convenience and drive-in means restaurants where a majority of customers order and are served their food at a counter in packages prepared to leave the premises; or able to be taken to a table, counter, or automobile, or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served.

(3)        Class III liquor service restaurants means restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities shall account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis.

(4)        Class IV 3.2 malt liquor service restaurants means restaurants where food, 3.2 malt liquor and setups are served and consumed by customers while seated at a counter or table.

Retail business means stores and shops selling household goods.

Road means a public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated. Ingress and egress easements shall not be considered roads.

Selective cutting means the removal of single scattered trees.

Semipublic use means the principal use of land or buildings involving the assembly or congregation of the general public in facilities that are owned either privately or by institutions. Such uses include churches, fraternal organizations, museums, etc.

Service shops means consumer oriented retail businesses offering repair and maintenance services for normal household goods and commodities. Service shops shall include, but not be limited to, tailors, shoe repair, and repair of small appliances, lawn and garden equipment, and tools.

Shore impact zone means land located between the ordinary high-water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

Shoreland means land located within 1,000 feet of the ordinary high-water level of a lake, pond or flowage. The limits of shoreland may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the state department of natural resources.

Shoreland setback means the minimum horizontal distance between a structure and the ordinary high-water level.

Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minn. Stats. § 307.08. A historic site meets these criteria if it is presently listed on either register or it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the state historical society. All unplatted cemeteries are automatically considered significant historic sites.

Steep slope means lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above, the space between the floor and the ceiling next above.

Street means a public right-of-way which affords primary means of access to abutting property, and shall also include avenues, highways, roads, or ways.

Street, collector, means a street that serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major road.

Street, local, means a street intended to serve primarily as an access to abutting properties.

Street, major or thoroughfare, means a street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

Street pavement means the wearing or exposed surface of the roadway used by vehicular traffic.

Street width means the width of right-of-way, measured at right angles to the centerline of the street.

Structural alteration means any change, other than incidental repairs, which would affect the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except the following:

(1)        On-grade stairways and steps not exceeding six feet in width and landings connected to such stairways or steps not exceeding six feet in width and six feet in length;

(2)        Boardwalks not exceeding six feet in width;

(3)        Driveways not exceeding 24 feet in width; and

(4)        Sidewalks not exceeding six feet in width.

Subdivision means the dividing of any parcel of land into two or more parcels.

Surface water-oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Examples include marinas and restaurants with transient docking facilities.

Toe of the bluff means the lower point of a 50-foot segment of a bluff with an average slope exceeding 18 percent.

Top of the bluff means the higher point of a 50-foot segment of a bluff with an average slope exceeding 18 percent.

Travel trailer means a vehicle without motor power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include camp car, camp bus, camper and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the state building code.

Use means the purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.

Use, accessory, means a use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

Use, permitted, means a public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.

Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.

Variance means a modification or variation of the provisions of this chapter where it is determined that by reason of special and unusual circumstances unique to the individual property under consideration, strict application of the chapter would cause an undue or unnecessary hardship, or that strict conformity with the provisions of this chapter would be unreasonable, and granting a variance would be in keeping with the spirit and intent of the chapter.

Water-oriented accessory structure or facility means an at-grade deck or lockbox that reasonably needs to be located closer to public waters than the normal structure setback. Stairways, fences, docks and retaining walls are not considered water-oriented accessory structures or facilities.

Yard means a required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located.

Yard, front, means a yard extending along the full width of the front lot line, between side lot lines and extending from the abutting street right-of-way line to a depth required in the setback regulations for the zoning district in which such lot is located.

Yard, rear, means the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Yard, side, means the yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located.

Zoning amendment means a change authorized by the city either in the allowed use within a district or in the boundaries of a district.

Zoning district means an area or areas within the limits of the city for which the regulations and requirements governing use are uniform.

(Code 1987, § 345.310; Ord. No. 8, 9-21-1987; Ord. No. 41-1990, 3-26-1990; Ord. No. 61-1993, § 350.310, 2-23-1994; Ord. No. 69-1994, 8-29-1994; Ord. No. 09-2001, 9-23-2001; Ord. No. 14-2002, 7-7-2002; Ord. No. 12-2003, 12-7-2003; Ord. No. 02-2004, 6-6-2005; Ord. No. 15-2005, 9-4-2005; Ord. No. 06-2007, 5-8-2007; Ord. No. 07-2008, 5-13-2008; Ord. 11-008, 5-25-08)

Sec. 129-3. Rules.

(a)        The language set forth in the text of this chapter shall be interpreted in accordance with the rules of construction in this section.

(b)        All measured distances expressed in feet shall be to the nearest tenth of a foot. In the event of conflicting provisions, the more restrictive provision shall apply.

(Code 1987, § 350.305; Ord. No. 61-1993, § 350.305, 2-23-1994)

Sec. 129-4. Supremacy.

(a)        When any condition imposed by any provision of this chapter on the use of land or buildings or on the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by any provision of any other county or state chapter, regulation, or statute, the more restrictive conditions shall prevail.

(b)        This chapter is not intended to abrogate any easements, restrictions, or covenants relating to the use of land or imposed on lands within the county by private declaration or agreement, but where the provisions of this chapter are more restrictive than any such easement, restriction, or covenant, or the provision of any private agreement, the provisions of this chapter shall prevail.

(Code 1987, § 350.905; Ord. No. 61-1993, § 350.905, 2-23-1994)

Sec. 129-5. Application of this chapter.

(a)        In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

(b)        Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, chapter, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

(c)        Except as in this chapter specifically provided, no structure shall be erected, 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 this chapter.

(Code 1987, § 350.405; Ord. No. 61-1993, § 350.405, 2-23-1994)

Sec. 129-6. Existing lots of record.

A lot of record in a residential district may be used for residential dwelling purposes provided:

(1)        The area thereof meets all setback and minimum lot area requirements of this chapter. In the shoreland management area, all single-family detached lots shall have a minimum lot area of 6,000 square feet in the R-1A and R-2 districts and 10,000 square feet in the R-1 district, while all two-family and twin homes in the R-2 district shall be located on lots having a minimum area of 14,000 square feet.

(2)        It has frontage on an improved public right-of-way.

(3)        It was under separate ownership from abutting lands upon or prior to the effective date of the ordinance from which this chapter is derived.

(Code 1987, § 350.415; Ord. No. 61-1993, § 350.415, 2-23-1994; Ord. No. 19-2006, 10-29-2006; Ord. No. 03-2007, 2-13-2007)

Secs. 129-7—129-30. Reserved.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

Sec. 129-31. Administration of chapter.

The Community Development Director shall be responsible for the administration and enforcement of this chapter, and the implementation and enforcement of the comprehensive plan. The Community Development Director shall create and maintain such systems of records and files and establish such administrative procedures as are necessary to promote the efficient administration and enforcement of this chapter and the comprehensive plan. The Community Development Director may designate additional persons as may be necessary or convenient to administer and enforce this chapter. Any person aggrieved by any procedure or decision of the Community Development Director may appeal to the board of adjustments and appeals. In addition to the foregoing, the Community Development Director or individuals acting on that person's direction shall have the following responsibilities:

(1)        Issue occupancy, building and other permits, and make and maintain records thereof.

(2)        Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter.

(3)        Maintain permanent and current records of this chapter, including, but not limited to:

a.         All maps;

b.         Amendments;

c.         Conditional uses;

d.         Variances;

e.         Appeals; and

f.          Applications therefor.

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

(5)        Institute in the name of the city, any appropriate actions or proceedings against a violator as provided for.

(Code 1987, § 350.505; Ord. No. 61-1993, § 350.505, 2-23-1994)

Sec. 129-32. Appeals to the board of adjustment and appeals.

(a)        The board of appeals and adjustments shall be the City Council. The Planning Commission shall hear and advise the City Council of its findings and determinations.

(b)        The board of adjustment and appeals shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing the chapter. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of a town, municipality, county or state.

(c)        The conditions for the issuance of a variance are as indicated in section 129-39. No use variances (a use different from that permitted in the district) shall be issued by the board of adjustment and appeals.

(d)        Hearings of the board of adjustment and appeals shall be held within such time and upon such notice to interested parties as is provided in its adopted rules for the transaction of its business. The board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney.

(e)        The board of adjustment and appeals may reverse or affirm wholly or partly or modify the order, requirement, decision, or determination as in its opinion ought to be made to the premises and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. The reasons for the board's decision shall be stated.

(Code 1987, § 350.510; Ord. No. 61-1993, § 350.510, 2-23-1994)

Sec. 129-33. Planning Commission.

The Planning Commission established pursuant to chapter 2, article VIII shall provide assistance to the City Council in the administration of this chapter and at the direction of the City Council shall review, hold public hearings, and make recommendations to the City Council on all applications for zoning amendments and conditional use permits using the criteria in sections 129-34 and 129-38.

(Code 1987, § 350.515; Ord. No. 61-1993, § 350.515, 2-23-1994)

Sec. 129-34. Zoning amendments.

(a)        Criteria. The City Council may adopt amendments to the zoning chapter and zoning map in relation both to land uses within a particular district or to the location of the district lines. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the plan or changes in conditions in the city.

(b)        Procedure.

(1)        An amendment to the text of this chapter or zoning map may be initiated by the City Council, the Planning Commission or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review. Individuals wishing to initiate an amendment to the zoning chapter shall fill out a zoning amendment application form and submit it to the planning staff.

(2)        The property owner applying for a zoning amendment shall fill out and submit to the planning staff a rezoning application form. A site plan must be attached or drawn below at a scale large enough for clarity showing the following information:

a.         The location and dimensions of:

1.         The lot;

2.         The building;

3.         The driveways; and

4.         Off-street parking.

b.         The distance between:

1.         The building and front lot lines;

2.         The building and side lot lines;

3.         The building and rear lot lines;

4.         The principal building and accessory buildings;

5.         The principal building and principal buildings on adjacent lots.

c.         The location of signs, easements, underground utilities, etc.

d.         Any additional information as may reasonably be required by the planning staff and applicable sections of this zoning chapter.

(3)        The planning staff shall maintain records of amendments to the text and zoning map of the chapter. The City Council may not act until it has received the advice from the planner or 60 days has passed from referral.

(4)        A public hearing on all rezoning shall be held by the City Council. Notice of said hearing shall be published in the official newspaper designed by the City Council at least ten days prior to the public hearing. The City Clerk shall mail the same notice to the owners of property located within 350 feet of the outer boundaries of the land proposed to be rezoned. The notice shall include the description of the land and the proposed changes in zoning. The Planning Commission must take action on the application within sixty days following referral. The person making the application shall be notified of the action taken. The Planning Commission shall make its report to the City Council at its next regular meeting following its action recommending approval, disapproval or modified approval of the proposed amendment. The City Council shall act within the time frame specified in Minn. Stats. § 15.99.

(5)        No application of a property owner for an amendment to the text of the chapter or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.

(Code 1987, § 350.520; Ord. No. 61-1993, § 350.520, 2-23-1994)

State law reference—Amendments generally, Minn. Stats. § 462.357, subd. 4; public hearings, Minn. Stats. § 462.357, subd. 3.

Sec. 129-35. Nonconforming uses.

(a)        Any structure or use lawfully existing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and in a manner of operation existing upon such date, but may be expanded or intensified only in compliance with the provisions of this section.

(b)        Nothing in this chapter shall prevent the repair, replacement, restoration, maintenance or improvement of a structure, unless such activities constitute an expansion or intensification of the nonconformity.

(c)        When any nonconforming use of any structure or land in any district has been changed to a conforming use, and has been so used for more than 12 months, it shall not thereafter revert to its prior nonconforming use.

(d)        Whenever a nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed not later than 12 months after such calamity, unless the damage to the building or structure is 50 percent or more of its fair market value as shown on the assessor's records at the time of damage, in which case it may not be reconstructed unless a building permit has been applied for within 180 days after the date of damage, and construction is completed not more than one year after the date of damage.

(e)        Whenever a nonconforming use of a structure or land is discontinued for a period of more than 12 months, any future use of said structure or land shall be in conformity with the provisions of this chapter.

(f)        A nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use or to a more restrictive nonconforming use (as determined by the Planning Commission). Some nonconforming uses are permitted by conditional use permits. Once a structure or parcel of land has been placed in similar nonconforming use or in a more restrictive nonconforming use, and has been so used for a period of more than 12 months, it shall not return to the prior nonconforming use.

(g)        With the approval of the City Council, alterations may be made to a building containing nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units.

(h)        Nonconforming principal and accessory structures may be expanded, enlarged, or modified, or conforming structures may be added provided that the use of the parcel is conforming to district regulations, and; provided that, the expansion, enlargement, or modification meets the current zoning regulations and no other nonconformities are created.

(Code 1987, § 350.420; Ord. No. 61-1993, § 350.420, 2-23-1994; Ord. No. 103-1999, 8-9-1999; Ord. No. 02-2006, 2-5-2006)

State law reference—Nonconformities, Minn. Stats. § 462.357, subds. 1c, 1e.

Sec. 129-36. Change to be coordinated with adjacent districts.

Any zoning district change on land adjacent to or across a public right-of-way from an adjoining community shall be referred to the Planning Commission, and the adjacent community for review and comment prior to action by the City Council granting or denying the zoning district classification change. A period of at least 30 days shall be provided for receipt of comments; such comments shall be considered as advisory only.

(Code 1987, § 350.425; Ord. No. 61-1993, § 350.425, 2-23-1994)

Sec. 129-37. Land use plan and map to be amended with change.

Any change in zoning granted by the City Council shall automatically amend the land use plan and the land use map in accordance with said zoning change.

(Code 1987, § 350.430; Ord. No. 61-1993, § 350.430, 2-23-1994)

Sec. 129-38. Conditional use permits.

(a)        Criteria. A conditional use permit is required for conditional uses. In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the City Council may make the following findings where applicable:

(1)        The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.

(2)        The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.

(3)        Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

(4)        Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

(5)        Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

(6)        The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use.

(7)        The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(8)        The use is not in conflict with the policy plan of the city.

(9)        The use will not cause traffic hazards or congestion.

(10)      Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by the intrusion of noise, glare or general unsightliness.

(11)      The developer shall submit a time schedule for completion of the project.

(12)      The developer shall provide proof of ownership of the property to the zoning officer.

(13)      All property taxes, special assessments, municipal utility fees, including, but not limited to, water and sewer bills, and penalties and interest thereon have been paid for the property for which the permit has been submitted.

(b)        Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. The conditions may include, but are not limited to, the following:

(1)        Increasing the required lot size or yard dimension.

(2)        Limiting the height, size or location of buildings.

(3)        Controlling the location and number of vehicle access points.

(4)        Increasing the street width.

(5)        Increasing the number of required off-street parking spaces.

(6)        Limiting the number, size, location or lighting of signs.

(7)        Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

(8)        Designating sites for open space. Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The planning staff shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the City Council; time limits, review dates, and such other information as may be appropriate.

(c)        Procedure.

(1)        The person applying for a conditional use permit shall fill out and submit to the planning staff a conditional use application form. A site plan must be attached at a scale large enough for clarity showing the following information:

a.         Location and dimensions of:

1.         Lot;

2.         Building;

3.         Driveways; and

4.         Off-street parking spaces.

b.         Distance between:

1.         Building and front, side, and rear lot lines;

2.         Principal building and accessory buildings;

3.         Principal building and principal buildings on adjacent lots.

c.         The location of signs, easements, underground utilities, etc.

d.         Any additional information as may reasonably be required by the planning staff and applicable sections this chapter, including, but not limited to, the following:

1.         Site plan drawn at scale dimensions with setbacks noted.

2.         Location of all buildings, heights, and square footage.

3.         Curb cuts, driveways, parking spaces.

4.         Off-street loading areas.

5.         Drainage plan.

6.         Type of business, proposed number of employees by shift.

7.         Proposed floor plan with use indicated and building elevations.

8.         Sanitary sewer and water plan with estimated use per day.

9.         A lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance lights.

10.        A landscape plan with a schedule of the plantings.

(2)        The planning staff shall refer the application to the Planning Commission for review.

(3)        The City Council shall hold a public hearing on the proposal. Notice of the public hearing shall be published in the official newspaper designated by the city at least ten days prior to the hearing. Notice of the hearing shall also be mailed to owners of property located within 350 feet of the outer boundaries of the land to which the conditional use will be applicable. The notice shall include a description of the land and the proposed conditional use.

(4)        The report of the Planning Commission shall be placed on the agenda of the City Council at a regular meeting following referral from the Planning Commission.

(5)        The City Council must take action on the application after receiving the report of the Planning Commission. If it grants the conditional use permit, the City Council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate.

(6)        An amended conditional use permit application shall be administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include requests for changes in conditions, and as otherwise described in this chapter.

(7)        No application for a conditional use permit shall be resubmitted for a period of one year from the date of said order of denial.

(8)        If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten days prior to the review; it shall be the responsibility of the planning staff to schedule such public hearings and the owner of land having a conditional use permit shall not be required to pay a fee for said review. A public hearing for annual review of a conditional use permit may be granted at the discretion of the City Council.

(9)        In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.

(10)      Bond. For any required screening, landscaping or other improvements, the City Council may request that any applicant file with the clerk a bond or other financial guarantee in the amount of 1¼ times the engineer's estimate of the cost of the required improvement.

(11)      After the approval of the conditional use permit, the applicant, owner or developer, before commencing any work or obtaining any building permits, may be required to make a minimum cash deposit in the amount established by the city. The Council may establish an amount above the minimum deposit at the time the permit is approved and this deposit shall be held in a special developer's escrow account and shall be credited to the said applicant, owner, or developer.

Engineering and legal expenses incurred by the city in plan approval, office and field checking, checking and setting grade and drainage requirements, general supervisions, staking, inspection, drafting as-built drawings and all other engineering services performed in the processing of said development, and all administrative and legal expenses in examining title to the property and in reviewing or preparing all documents for the land being developed shall be charged to the aforementioned account and shall be credited to the city for the payment of these expenses. If at any time it appears that a deficit will occur in any developer's escrow account as determined by the city, said officials shall recommend to the Council that an additional deposit is required and the Council may require that the applicant, owner or developer shall deposit additional funds in the developer's escrow account. The city engineer and City Attorney shall itemize all services and materials billed to any developer's escrow account. The applicant, owner or developer making the deposits in the developer's escrow account shall, upon request, be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the clerk after all claims and charges thereto have been paid.

(Code 1987, § 350.525; Ord. No. 61-1993, § 350.525, 2-23-1994; Ord. No. 105-2000, 2-5-2000)

State law reference—Conditional use permits. Minn. Stats. §§ 62.357, subd. 3, 462.3595.

Sec. 129-39. Variances.

(a)        Criteria. A variance to the provisions of this chapter may be issued to provide relief to the landowner in those zones where this chapter  imposes undue hardship or practical difficulties to the property owner in the use of his land.  No use variances may be issued.  A variance may be granted only in the event that the following circumstances exist:

(1)        Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this chapter have no control.

(2)        The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(3)        The special conditions or circumstances do not result from the actions of the applicant.

(4)        Granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district.

(5)        The variance requested is the minimum variance which would alleviate the hardship.

(6)        The variance would not be materially detrimental to the purposes of this chapter or to property in the same zone.

(b)        Procedure.

(1)        The person applying for a variance shall fill out and submit to the planning staff a variance request form. A site plan with a certificate of survey must be attached at a scale large enough for clarity showing the following information:

a.         Location and dimensions of:

1.         Lot;

2.         Building;

3.         Driveways; and

4.         Off-street parking spaces.

b.         Distance between:

1.         Building and front, side, and rear lot lines;

2.         Principal building and accessory buildings;

3.         Principal building and principal buildings on adjacent lots.

c.         The location of signs, easements, underground utilities, etc.

d.         Any additional information as may be reasonably required by the planning staff and applicable sections of this zoning chapter.

(2)        The planning staff shall refer the application to the Planning Commission for review.

(3)        The Planning Commission must take action on the application within 90 days after receiving the application.  If it recommends for the variance, it may impose conditions it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate

(4)        Upon receiving the recommendation of the Planning Commission or within 60 days after referral of the application for a variance to the Planning Commission, if no recommendation has been transmitted, the Council may place the request on the agenda.  The Council may grant variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances peculiar and unique to the individual premises, or property, under consideration, and may grant such a variance only when the applicant therefore has demonstrated that such action will be in keeping with the spirit and intent of this chapter and the zoning district in which such a variance is requested

(c)        The Council may impose any reasonable condition in the granting of such variances in order to insure compliance with this chapter, or to protect adjacent property.

(Code 1987, § 350.530; Ord. No. 61-1993, § 350.530, 2-23-1994)

State law reference—Variances, Minn. Stats. § 462.357, subd. 6(2).

Secs. 129-40—129-66. Reserved.

ARTICLE III. ZONING DISTRICTS ESTABLISHED; ZONING MAP

Sec. 129-67. Zoning districts.

For the purpose of this chapter, the city is hereby divided into the following use districts:

 

R-1	Single-family residential district
R-1A	Single-family residential district
R-2	Two-family residential district
R-3	Multiple-family residential district
B-1	Central business district
B-2	General business district
B-3	Neighborhood business district
PED-PUD	Pedestrian planned unit development district
DEST-PUD	Destination planned unit development district
L-PUD	Linear planned unit development district
I-1	Light industrial district
CON	Conservation district

(Code 1987, § 350.605; Ord. No. 61-1993, § 350.605, 2-23-1994)

Sec. 129-68. Zoning map.

The zoning map of the city is hereby adopted by reference. The boundaries of the districts are hereby established as shown on said map. A revised, updated copy of said map shall be kept on file in the office of the City Manager, or Manager's designate for reference as the official zoning map.

(Code 1987, § 350.610; Ord. No. 61-1993, § 350.610, 2-23-1994)

Sec. 129-69. District boundaries.

District boundary lines as indicated on the zoning map follow lot lines, the centerline of streets, the centerlines of streets projected, the centerline of railroad right-of-way, the center of watercourses or the corporate limits lines, as they exist, upon the effective date of the ordinance from which this chapter is derived.

(Code 1987, § 350.615; Ord. No. 61-1993, § 350.615, 2-23-1994)

Sec. 129-70. Vacated streets.

Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding.

(Code 1987, § 350.755; Ord. No. 61-1993, § 350.755, 2-23-1994)

Secs. 129-71—129-98. Reserved.

 

 

ARTICLE IV. ZONING DISTRICT REGULATIONS

DIVISION 1. GENERALLY

Sec. 129-99. Allowable uses (residential districts).

Within the residential districts, no building or land shall be used except for one or more of the following uses.

 

P    = Permitted Use

C    = Conditional Use

A    = Accessory Use

( - ) = Not Allowed

 

 

Note. Letter designations shall be interpreted as meaning:

P = Permitted use;

C = Conditional use;

A = Accessory use;

(-) = Not allowed.

(Code 1987, § 350.640; Ord. No. 61-1993, § 350.640, 2-23-1994)

 

 

Sec. 129-100. Single-family residential (R-1).

(a)        Purpose (R-1). The purpose of this district is to allow the continuation of existing residential development and the infill of existing lots in residential areas of the city where services are available.

(b)        Lot area, height, lot width, and yard requirements (R-1).

(1)        Building height. No building hereafter erected shall exceed 2½ stories or 35 feet in height.

(2)        Lot area, lot width, and setback requirements (R-1). The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this chapter:

a.         Minimum lot area: 10,000 square feet.

b.         Minimum lot width: 60 feet.

c.         Front yard: 30 feet.

d.         Side yard: 10 feet.

e.         Rear yard: 15 feet.

f.          Minimum lot depth: 80 feet.

Minimum lot frontage on an improved public street shall be 60 feet, except that lots fronting on a cul-de-sac shall be 60 feet at the front building setback line.

(3)        Setback requirements for lots of record (R-1). The following minimum setback requirements shall be observed for lots of record (R-1).

a.         Side yard requirements. The required side yard setback shall be a minimum of 10 feet.