City Code
Section 850.07 - General Requirements
Applicable to all Districts Except as Otherwise Stated.
850.07 General Requirements
Applicable to all Districts Except as Otherwise Stated.
Subd. 1
General.
No building or structure
shall be erected, constructed or placed on any property in the City, and no
building or structure or property in the City shall be used for any purpose,
unless in full compliance with the restrictions and requirements of this Section
and other applicable provisions of this Code.
Subd. 2 Storage of
Refuse.
A.
All Properties Except Single Dwelling Unit and Double Dwelling Unit
Buildings. All refuse, as defined in Section 705 of this Code, or similar
material shall be kept within closed containers designed for such purpose. The
containers shall not be located in the front yard and shall be completely
screened from view from all lot lines and streets.
B.
All Non-Residential Properties Within the 50th and France Commercial
District. No non-residential building within the 50th and France Planned
Commercial District shall be (i) added to or enlarged in any manner; or (ii)
subjected to an alteration whereby the use of any portion of a building is
converted to a restaurant without first providing sufficient areas for the
storage of refuse and servicing of refuse containers. Areas for the storage of
refuse and servicing of refuse containers which existed as of the effective date
of this Code shall not be eliminated or reduced in size.
C.
Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within
closed containers designed for such purpose. Such containers shall not be
located in the front yard and shall not be visible from the front lot line
except as allowed by Section 705 of this Code.
Subd. 3 Dwelling
Units Prohibited in Accessory Buildings, Temporary Buildings, Trailers and
Recreational Vehicles. No accessory building, temporary building, trailer or
recreational vehicle in any district shall be used in whole or in part for a
dwelling unit or units, except for accessory buildings which are specifically
allowed for residential use by this Section.
Subd. 4 Customary
Home Occupations as an Accessory Use.
A.
Customary home occupations which are permitted as an accessory use by
this Section shall comply with the following conditions:
1.
Only the residents of the dwelling unit shall be employed on the lot or
within the dwelling unit.
2.
No exterior structural modifications shall be made to change the
residential character and appearance of the lot or any buildings or structures
on the lot.
3.
No loading, unloading, outdoor storage of equipment or materials, or
other outdoor activities, except parking of automobiles shall occur.
4.
No signs of any kind shall be used to identify the use.
5.
All parking demands generated by the use shall be accommodated within the
accessory garage and the normal driveway area and shall not at any one time
occupy more than two parking spaces in parking areas required for multiple
residential buildings.
6.
No more than ten automobile trips weekly by individuals other than the
residents of the dwelling unit shall be generated to the dwelling unit as a
result of the use.
7.
No sale of products or merchandise shall occur on the lot or within any
structures or buildings on the lot.
B.
Permitted customary home occupations include the following and similar
occupations if, and only during such times as, they comply with all of the
conditions of paragraph A. of this Subd. 4:
1.
Dressmakers, tailors and seamstresses.
2.
In single dwelling unit and double dwelling unit buildings only, music
and dance teachers providing instruction to not more than five individuals at a
time.
3.
Artists, sculptors and authors.
4.
Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
5.
Ministers, rabbis and priests.
6.
Photographers providing service to one customer at a time.
7.
Salespersons, provided that no stock in trade is maintained on the lot or
in the building or structure on the lot.
8.
In single dwelling unit and double dwelling unit buildings only, rental
of rooms for residential occupancy to not more than two persons per dwelling
unit in addition to the permanent residents of the dwelling unit.
C.
The following uses have a tendency to increase in size or intensity
beyond the conditions imposed by this Subd. 4 for home occupations and thereby
adversely affect residential properties. Therefore, the following shall
specifically not be permitted as customary home occupations:
1.
Barber shops and beauty parlors.
2.
Repair services of all kinds, including, without limitation, auto repair
and painting, appliance repair and small engine repair.
3.
Music, dance or exercise instruction which provides instruction to groups
of more than five individuals at a time.
4.
Medical and dental offices.
5.
Upholstering.
6.
Mortuaries.
7.
Commercial kennels as defined by Subsection 300.01 of the City Code.
8.
Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
9.
Commercial food preparation or catering.
10.
Automobile and equipment sales.
11.
Landscaping and lawn maintenance service where landscaping materials and
equipment are stored or parked on the premises.
D.
Permitted customary home occupations by residents who are physically
unable to be employed full time outside their residence may be allowed as a
temporary conditional use, with variances from the conditions of paragraph A. of
Subd. 4 of this Subsection 850.07, pursuant to the provisions of Subd. 5 of
Subsection 850.04.
Subd. 5 Fences in
the R-1 and R-2 Districts. Fences erected in the R-1 District and
R-2
District shall conform to the following:
A.
Fences exceeding four feet in height shall not be erected within a
required front street setback or side street setback, pursuant to the provisions
of paragraph 2. of Subd. 7 of Subsection 850.11.
B.
No fence shall exceed six feet in height.
C.
Fences shall be installed with the finished side facing neighboring
properties.
D.
No fence shall be installed so as to obstruct a required clear view at
street intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions
to Setback Requirements. The following shall not be considered as
encroachments into required setbacks:
A. Overhanging eaves not supported by posts or
pillars, which do not project more than three feet into the required setback and
which are not within three feet of a lot line.
B.
Sidewalks and driveways, but not patios.
C.
Fences which do not exceed the height limitations imposed by this
Subsection 850.07.
D.
Awnings and canopies attached to the principal building and not supported
by posts or pillars, which do not project more than three feet into the required
setback and which are not within three feet of a lot line.
E.
Flagpoles, light poles and fixtures.
F.
Clotheslines and outdoor fireplaces in the rear yard only.
G.
Bus shelters which have been approved by the Engineer.
H.
Unenclosed steps or stoops not exceeding 50 square feet in area.
I.
Fireplaces projecting not more than two feet into the required setback
and not exceeding ten square feet in horizontal area.
J.
Underground storage tanks, conduits and utilities.
K.
Portions of principal and accessory buildings or structures which are
located completely underground, which are not visible from the surface of the
ground and which do not encroach more than one-half of the distance into that
part of the required setback nearest the principal or accessory building.
L.
Trees, shrubs and other vegetation.
M.
Retaining walls.
N.
Freestanding basketball posts, backboards and goals adjacent to a
driveway.
O.
Unenclosed overhanging eaves or porches supported by posts or columns not
exceeding 80 square feet in area, that are not closer than 20 feet to a front
property line, three feet to a side property line or 10 feet to a side street.
Subd. 7 Drainage.
Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas or other public facilities. All provisions for
drainage, including storm sewers, sheet drainage and swales, shall be reviewed
and approved by the Engineer prior to construction or installation.
Subd. 8
Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building
containing three or more dwelling units shall not be issued unless the
applicant's building plans, including the site plan, are certified by an
architect registered in the State. The certification shall state that the design
of the building and site has been prepared under the direct supervision of the
architect.
Subd. 9 Building
Coverage Computations; Exclusions and Inclusions.
A.
The following structures and improvements shall be excluded when
computing building coverage:
1.
Driveways and sidewalks, but not patios.
2.
Parking lots and parking ramps.
3.
Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts and
shuffleboard courts; but facilities which are constructed above grade, such as
paddle tennis courts, shall be included when computing building coverage.
4.
Unenclosed and uncovered steps and stoops less than 50 square feet.
5.
Overhanging eaves and roof projections not supported by posts or pillars.
B.
Building coverage computations, however, shall include all other
principal or accessory buildings, including, but not limited to:
1.
Decks and patios subject to allowances provided by this Section.
2.
Gazebos.
3.
Balconies.
4.
Breezeways.
5.
Porches.
6.
Accessory recreational facilities constructed above grade, such as paddle
tennis courts.
Subd. 10 Lighting.
All exterior lighting and illuminating devices shall be provided with lenses,
reflectors or shades so as to concentrate illumination on the property of the
owner or operator of the lighting or illuminating devices. Rays of light or
illumination shall not pass beyond the property lines of the premises utilizing
the lights or illumination at an intensity greater than three foot-candles
measured at property lines abutting property zoned residential and ten foot-candles measured at property lines abutting streets or property zoned
non-residential. No light source, lamp or luminaire shall be directed beyond the
boundaries of the lighted or illuminated premises.
Subd. 11 Frontage
of Lots on a Street. All lots shall have at least 30 feet of frontage on at
least one street other than alleys or limited access roadways to which private
access is prohibited. Private easements shall not be considered as frontage for
purposes of this Subdivision. Notwithstanding the requirements of this
subdivision, lots in a townhouse plat need not front on a street provided that
the townhouse plat of which the lot is a part has at least 30 feet of frontage
on at least one street.
Subd. 12 Certain
Sales Prohibited.
A.
Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B.
No property used for residential purposes shall be used for garage sales,
estate sales or other sales of personal property for more than one period of 72
consecutive hours in any calendar year. The property offered for sale shall
consist only of items owned by the resident or of the premises or by friends of
such resident. None of the items offered for sale shall have been purchased for
resale or received on consignment for purposes of resale.
Subd. 13 Platting
Requirement. Any land proposed to be transferred from one zoning district to
another shall be platted into lots and blocks pursuant to and in accordance with
the requirements of Section 810 of this Code in connection with, and at the time
of the transfer. Any land which has been previously platted into lots and blocks
shall be likewise replatted to provide new lots and blocks which are compatible
in size, shape, location and arrangement with the property's intended use.
Subd. 14
Drive-Through Facility Standards.
A.
Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1.
Financial institutions: 3 stacking spaces per bay
2.
Car wash: 25 stacking spaces per bay
3.
Accessory car wash: 2 stacking spaces per bay
4.
All other uses: 4 stacking spaces per bay
B.
Location of Stacking Space.
1.
No stacking space shall encroach into any drive aisle necessary for the
circulation of vehicles.
2.
All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3.
In the case of uses described in subparagraph 4. of paragraph A. of Subd.
14 above, if the drive-through bay is equipped with a facility for placing an
order which is separated from the location at which the product or merchandise
is received by the customer, not less than three of the required stacking spaces
shall be provided at the ordering point.
C.
Minimum Size of Stacking Space. The minimum size of each stacking space
shall be nine feet wide by 18 feet deep.
D.
Accessory Canopies and Mechanical Equipment. All canopies and equipment
appurtenant to a drive-through facility shall provide the same setbacks as are
required for principal buildings.
E.
Facilities Accessory to Restaurants. Drive-through facilities accessory
to restaurants shall be limited to two service bays.
Subd. 15 District
Limits. For purposes of calculating the minimum site area, floor area ratio,
building coverage, setbacks and all other requirements of this Section, a
district or subdistrict shall be deemed not to extend beyond the right-of-way
lines of adjacent streets, alleys or highways which were dedicated, conveyed or
acquired prior to the transfer of land to that district or subdistrict.
Districts which are separated by public streets or highways shall be deemed to
be separate and independent districts and all requirements and restrictions
contained in this Section must be met separately and independently by each
district.
Subd. 16 Temporary Buildings.
A.
Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary
or portable building or structure, including, without limitation, any shed, tent
or shelter, which is not permanently attached to the ground shall be placed or
stored within the required front street or side street setback for the principal
building and shall maintain an interior side yard and rear yard setback of not
less than five feet.
B.
All Other Lots Including Unimproved Single Dwelling Unit and Vacant
Double Dwelling Unit Lots. No temporary or portable building or structure,
including, without limitation, any shed, tent or shelter, which is not
permanently attached to the ground shall be placed or stored upon a lot except
as accessory to, and during the construction of, permanent buildings or
structures.
Subd. 17 Outdoor
Storage. All materials, supplies, finished or semi-finished products, motor
vehicles, trailers and all equipment shall be stored within a completely
enclosed building except:
A. Materials and
equipment used for the construction or repair of structures may be stored
outdoors on the construction site during construction.
B. Motor vehicles,
recreational vehicles and other vehicles may be parked or stored outdoors in
accordance with the Section 1046 of this Code.
C. Outdoor storage or
displays may take place on lots in the Planned Commercial District in accordance
with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks
from Naturally Occurring Lakes, Ponds and Streams. Notwithstanding any other
requirements of this Section or other provisions of this Code, in cases where a
portion of a lot or tract is located below the ordinary high water elevation of
a naturally occurring lake, pond or stream, the shoreline created by such an
ordinary high water elevation shall be deemed to be the rear lot line or side
lot line, as the case may be, for setback purposes. All principal and accessory
structures shall maintain a minimum setback of 50 feet from the ordinary high
water elevation, except that all principal and accessory structures shall
maintain a minimum setback of 75 feet from the ordinary high water elevation of
Indianhead Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.
Subd. 19 Energy
Collection System Setbacks. Facilities and equipment designed for the
collection of solar energy or wind energy shall maintain the same setbacks as
are required for principal buildings or structures and shall not be located
within the front yard.
Subd. 20 Non-Conforming Uses, Buildings and Lots.
A.
Non-Conforming Uses. Any non-conforming use may continue, provided that:
1.
It shall not be expanded to occupy a larger portion of a building or lot,
or be extended to other buildings or lots;
2.
It shall not be replaced with any other non-conforming use;
3.
It shall not be resumed if it is discontinued for one year or longer; and
4.
If it is ever discontinued and replaced with a conforming use, no
non-conforming use thereafter shall be made of the building or lot.
B.
Non-Conforming Buildings.
1.
Alterations, Additions and Enlargements.
a.
a non-conforming building, other than a single dwelling unit building,
shall not be added to or enlarged, in any manner, or subjected to an alteration
involving 50 percent or more of the gross floor area of the building, or 50
percent or more of the exterior wall area of the building, unless such
non-conforming building, including all additions, alterations and enlargements,
shall conform to all of the restrictions of the district in which it is located.
The percentage of the gross floor area or exterior wall area subjected to an
alteration shall be the aggregate percentage for any consecutive three-year
period.
b.
a non-conforming single dwelling unit building shall not be added to or
enlarged in any manner, or subjected to an alteration to convert accessory
buildings or portions thereof into living area, unless all such additions,
enlargements and alterations shall conform to the setback and height
restrictions of the district in which it is located, and unless such
non-conforming single dwelling unit building, including all such additions,
enlargements and alterations shall conform to the building coverage restriction
of the district in which it is located.
2.
Repairs, Maintenance and Remodeling. Non-conforming buildings may be
repaired, maintained and internally remodeled to an extent and in a manner which
does not violate the provisions of the preceding subparagraph 1.
3.
Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is destroyed
or damaged by fire, wind, earthquake, explosion or other casualty, to the extent
that the cost of restoration exceeds one-half of the fair market value of the
entire building on the date immediately prior to the date of the casualty, shall
not be restored unless the building, and the use, shall conform to all of the
restrictions of the district in which it is located. If the cost of restoration
is less than one-half of the fair market value of the entire building on the
date immediately prior to the date of the casualty, then the building may be
restored without so conforming; but if such restoration is not begun within two
years from the date of the casualty or is not diligently prosecuted to
completion, then the building shall not be restored unless the building, and the
use, conforms to all of the restrictions of the district in which it is located.
The Assessor, or other person selected by the Manager, shall determine such cost
of restoration and such fair market value.
C.
Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width,
depth, area and lot width to perimeter ratio requirements of this Section,
provided, that the lot:
1.
Is not less than 50 feet in width;
2.
Is not less than 100 feet in depth;
3.
Has at least 30 feet frontage on a street; and
4.
Has not been at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining or abutting lot or parcel which,
together, complied with the minimum width, depth and area and lot width to
perimeter ratio requirements imposed by this Section. If such lot and adjoining
or abutting lot or parcel has been held in such common ownership, then the
property so held in common ownership shall be subject to the following:
a.
if a non-conforming lot or parcel is, or at any time since October 22,
1951, has been, held in common ownership with all or part of an adjoining or
abutting parcel or lot which together comply with, or come close to complying
with, the minimum width, depth, area, and lot width to perimeter ratio,
requirements of this Section, then such non-conforming lot or parcel and such
adjoining or abutting parcel or lot shall be considered as one lot and shall not
be decreased in size below such minimum requirements. If in a group of two or
more adjoining or abutting lots or parcels owned or controlled by the same
person, any single lot or parcel does not meet the full minimum depth, width,
area or lot width to perimeter ratio requirements of this Section, such single
lot or parcel shall not be considered as a separate lot or parcel able to be
conveyed and developed under this Code.
Subd. 21 Relocation
of Buildings and Structures. No building or structure shall be moved, in
whole or in part, into or within the City, unless every portion of such building
and structure, and its use, conforms to all of the restrictions of the district
in which it is to be located. The moving or relocation of a building or
structure shall be undertaken and done only in accordance with applicable
provisions of Section 410 of this Code and State Law.
Subd. 22 Signs.
Signs erected in accordance with Section 460 of this Code shall be a permitted
accessory use in all districts.
Subd. 23 Utility
Buildings and Structures.
A.
Utility Buildings and Structures Owned by the City. Utility buildings and
structures owned by the City and used for rendering service to all or any part
of the City (but excluding warehouses, maintenance buildings and storage yards)
shall be a permitted principal or accessory use in all districts.
B.
Other Utility Buildings and Structures. Utility buildings and structures
owned by private utility companies or governmental units other than the City,
and used for rendering service to all or any part of the City (but excluding
warehouses, maintenance buildings and storage yards) shall be a conditional use
in all districts and shall only be constructed pursuant to a conditional use
permit granted in accordance with Subd. 4 of Subsection 850.04.
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