151. PLANNING AND ZONING (General Provisions 151.001 - 151.003)

General Provisions

151.001 Definitions

151.002 Lot split code

151.003 Validity

GENERAL PROVISIONS

§ 151.001 DEFINITIONS.

(A) Captions, headings, titles, and the key words used in sections and articles are inserted herein for convenience and to facilitate the use of this chapter.

(B) For the purpose of this chapter, certain words and terms are herein defined.

(C) Words used in the present tense include the future tense; the singular number includes the plural and the plural includes the singular; the word “shall” is mandatory and not merely directory.

(D) Unless clearly in conflict with the definitions or other provisions of this chapter, or otherwise clearly inapplicable, definitions established by the state by statute or case law shall apply to this chapter.

(E) Certain subchapters in this chapter contain other definitions applicable particularly to such subchapters. In case of any conflict between the definition in Article XVIII and other definitions, the other definitions shall prevail in the subchapters where applicable.

(F) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING. A subordinate building the use of which is incidental and customary to that of the principal building, and which may include, but is not limited to, detached garages, detached carports, storage buildings, gazebos, screen houses, playhouses, guard houses, dispatch houses, security houses, gatehouses and similar structures. Prior to erecting an accessory structure that exceeds 200 feet in size, the owner of such a structure must obtain a building permit as provided in §§ 151.015 through 151.024 of this chapter.

ACCESSORY USE. A use naturally and normally incidental to, subordinate to, and auxiliary to the principal permitted use of the premises.

ALLEY. Any dedicated public way providing a secondary means of ingress and/or egress to land or structures thereon.

BASEMENT. The portion of a floor of a building which is wholly or one‑half or more below the average grade of the ground level adjoining the building is a BASEMENT, provided, however, that if the height from the average grade level to the first tier of floor beams or joists is five feet or more, the BASEMENT shall be considered a “story”.

BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the BLUFF):

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

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

(c) The grade or slope from the toe of the BLUFF to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

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

BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

BLUFF, TOE OF. The lower point of a 50-foot segment with an average slope exceeding 18%.

BLUFF, TOP OF. The higher point of a 50-foot segment with an average slope exceeding 18%.

BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of any person, animal, or chattel or property of any kind, when any portion thereof is completely separated from every other part thereof by division walls from the ground up and without openings, each portion of the BUILDING shall be deemed as a separate BUILDING.

BUILDABLE AREA. The part of the lot not included within the open areas required by this chapter.

BUILDING PRINCIPAL. A building or structure in which is conducted the main or principal use of the lot on which the building or structure is situated.

BUILDING HEIGHT. The vertical distance measured from the average ground level adjoining the building to the highest point of the roof surface, if a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs.

BUILDING SETBACK LINE. The front line of the building or the legally established line which determines the location of the building with respect to the street line.

CARPORT. A structure permanently attached to a dwelling having a roof supported by columns, but not otherwise enclosed.

CLINIC. A public or proprietary institution providing diagnostic, therapeutic, or preventive treatment of ambulatory patients by a group of doctors acting in concert and in the same building for the purposes aforesaid.

CONDITIONAL USE PERMIT. A use permitted in a zoning district when the use meets the special requirements set forth and approved by the City Council.

COURT. An open, unoccupied space on the same lot with a dwelling and bounded on two or more sides by the walls of the dwelling.

DISTRICT ZONING. Any section of the incorporated area of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DWELLING. Any house or building or portion thereof which was constructed to be non‑mobile and which is occupied wholly as a home, residence, or sleeping place of one or more human beings, either permanently or transiently. In case of mixed occupancy where a building is occupied in part as a DWELLING, the part so occupied shall be deemed a DWELLING for the purposes of this chapter and shall comply with the provisions thereof relative to DWELLINGS. Garage space, whether in an attached or detached garage, shall not be deemed part of a DWELLING.

(a) APARTMENT HOUSE. A dwelling for three or more families, living independently of each other and doing their cooking upon the premises.

(b) BOARDING OR ROOMING HOUSE. Any dwelling occupied in any such manner that certain rooms in excess of those used by members of the immediate family and occupied as a home or family unit are leased or rented to persons outside of the family without any attempt to provide therein cooking or kitchen accommodations.

(c) DWELLING, ONE-FAMILY. A dwelling occupied by only one family, and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only.

(d) DWELLING, MULTIPLE. A building used or intended to be used as a dwelling by three or more families or as an apartment house or terrace dwelling with each unit designed and arranged to provide separate cooking and sanitary facilities for each family.

(e) DWELLING, SINGLE-FAMILY TERRACE. A building or structure occupied by three or more families, where each dwelling unit is divided by a common wall extending the full height of the building. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties, and utilities and service facilities are independent for each property.

(f) DWELLING, TWO-FAMILY. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two families.

ERECTED. The word includes built, constructed, reconstructed, moved upon, or any physical operation on the premises required for the building; excavation, fill, drainage, and the like, shall be considered a part of ERECTION.

ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems, including poles, wires mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by public utilities or municipal departments or commissions for the public health, safety, or general welfare.

FAMILY. Any number of persons living together in a room or rooms comprising a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the FAMILY, including the domestic employees thereof. Any group of persons not so related but inhabiting a single house shall, for the purpose of this chapter, be considered to constitute one FAMILY for each five persons, exclusive of domestic employees, contained in each group.

FARMING. The cultivating or pasturing of a parcel of land or using it for the raising of livestock or fowl for commercial purposes.

FLOOD FRINGE. The portion of the floodplain outside the floodway.

FLOODPLAIN. The land adjacent to a body of water which has need or may be hereafter covered by flood water, including that land covered by the regional flood.

FLOOD-PROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, water and sanitary facilities, structures, and their contents.

FLOOD PROTECTION ELEVATION. A level one foot above the regional flood plus any increase in flood level that would be caused by the future floodplain development outside the floodway.

FP1, FP2, FP3, FP4, FP5. Different classifications of flood‑proofing measures as defined by the State Building Code.

FLOOD, REGIONAL. See REGIONAL FLOOD.

FLOODWAY. The minimum channel of a watercourse and those portions of the floodplain adjoining the channel that is required to discharge the REGIONAL FLOOD.

FLOOR AREA, GROUND. The area within the exterior walls of the main building or structure as measured from the outside walls at the ground level, not including garages or enclosed or unenclosed porches and not including attached utility or accessory rooms having three or more exterior sides.

GARAGE, COMMUNITY. Any space or structure or series of structures for the storage of motor vehicles for the use of two or more occupants of property in the vicinity and having no public shop or service therein.

GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than three licensed automobiles, trucks, or buses owned and used by the occupants of the building to which it is accessory.

GASOLINE SERVICE STATION. A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of the commodities on or in the vehicles, but not including special facilities for the painting, major repair, or similar servicing thereof.

GOVERNMENTAL AGENCIES AND OFFICIALS.

(a) BOARD OF ADJUSTMENT. The city’s Board of Adjustment.

(b) BUILDING INSPECTOR. The city’s designated Building Inspector or his or her authorized representative.

(c) PLANNING AND ZONING COMMISSION. The Planning Commission shall be the Planning Commission, appointed by the City Council and established under M.S. § 462.354, subd. 1, as it may be amended from time to time.

(d) ZONING ADMINISTRATOR. The City Clerk/Treasurer or her or his authorized representative.

GREENBELT. A planting strip of grass, trees, and shrubs established and maintained for the purpose of screening or limiting the view of certain property uses from the general public.

GROUND LEVEL, AVERAGE. The average elevation of the finished grade at the front of a building.

HISTORICALLY or ARCHITECTURALLY SIGNIFICANT BUILDINGS AND USES. Before a conditional use permit can be issued, the following findings shall be determined by the Planning Commission and met by the applicant:

(a) Ingress and egress to the property with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire;

(b) Off‑street parking and loading areas where required, with particular attention to the items in division (a) above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties generally in the district;

(d) Utilities, with reference to locations, availability, and compatibility;

(e) Screening and buffering with reference to type, dimension, and character;

(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

(g) Required yards and other open spaces; and

(h) Use compatibility with the adjacent properties and other property in the district.

HOME OCCUPATION. An occupation which is customarily and traditionally conducted within a dwelling by its occupants and is clearly incidental and secondary to the principal use of the dwelling.

HOSPITAL. A building, structure, or institution in which sick or injured persons are given medical or surgical treatment.

HOTEL. A building or structure occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms occupied singly for remuneration, in which provision is not made for cooking on any individual plan and in which there are more than ten sleeping rooms and with or without a public dining room.

JUNKYARD. A place maintained for keeping, storing, or piling in commercial quantities, whether temporarily, irregularly, or continually; buying or selling at retail or wholesale any old, used or second‑hand material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron, or other metals, or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classes as junk. This shall include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in residential districts or two unlicensed motor vehicles not including farm implements within a farm in the agricultural district.

KENNEL. Any lot or premises on which five or more dogs six months of age or older are kept, either owned or permanently or temporarily boarded.

LIVESTOCK. Any grazing animal, poultry, or other fowl (not including dogs, cats, and birds, including animals used for commercial sale).

LOT. A piece or parcel of land occupied or to be occupied by a building, structure, or use, or by other activity permitted thereon and including the open spaces required under this chapter. A LOT need not be a lot of existing record.

LOT, CORNER. A lot of which at least two adjacent sides abut for their full length upon a street.

LOT, COVERAGE. The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.

LOT, DOUBLE FRONTAGE. A lot which extends from one street to another street.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE, FRONT. Each lot line abutting a street shall be considered a FRONT LOT LINE.

LOT LINE, REAR. The boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE shall be that assumed line parallel to the front lot line, not less than ten feet long, lying most distantly from the front lot line and wholly within the lot. With the exception of a double frontage lot, every lot shall have a REAR LOT LINE.

LOT LINE, SIDE. Any lot line not a front or a rear lot line.

LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Register of Deeds, or a lot described by metes and bounds, the deed to which has been recorded in the office of the County Register of Deeds.

MIGRATORY LABOR CAMP. Temporary facilities provided by the employer on his or her own land or elsewhere for the housing of workers who, for seasonal purposes, are employed in the planting, harvesting, or processing of crops.

MOBILE HOME. A dwelling unit designed to be transportable and suitable for year-round occupancy and containing the same water supply, waste disposal, and electrical conveniences as immobile housing whether mounted on wheels, jacks, or a permanent foundation.

MOTEL or MOTOR COURT. A business comprising a series of attached or semi‑detached or detached rental units with or without eating facilities for the overnight accommodation of transient guests.

ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

PARKING SPACE. An area of not less than 200 square feet, exclusive of drives or aisles to be used for the storage or parking of motor vehicles.

PERSON. Any individual, corporation, firm, partnership, association, organization, or other group acting as a unit. It also includes any executor, administrator, trustee, receiver, or other representative appointed by law. Whenever the word PERSON is used in any section prescribing a penalty or fine, it shall include the partners or members of any corporation who are responsible for the violation.

PORCH, UNENCLOSED. An entrance to a building which may include steps, a landing, railings, and a roof, but not enclosed, either partially or completely above the landing, by windows, screens, or siding.

PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board, duly authorized to furnish, and furnishing under governmental regulation to the public, electricity, gas, steam, water, sewage, disposal, communication, or transportation facilities.

PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as it may be amended from time to time.

RECREATIONAL CAMPING AREA. Any area used on a daily, nightly, weekly, or longer basis for the accommodation of three or more units, consisting of tents, travel trailers, pick‑up coaches, motor homes, or camping trailers and whether use of the accommodation is granted free of charge or for compensation.

RECREATIONAL CAMPING VEHICLE. The term RECREATIONAL CAMPING VEHICLE shall mean any of the following.

(a) CAMPING TRAILER means a fold structure mounted on wheels and designed for travel, recreation, and vacation use.

(b) MOTOR HOME means a portable, temporary dwelling to be used for travel, recreational, and vacation and constructed as an integral part of a self‑propelled vehicle.

(c) PICK‑UP COACH means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational, and vacation.

(d) TRAVEL TRAILER means a vehicular, portable structure building on a chassis designed to be used as a temporary dwelling for travel, recreational, or vacation use.

REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur with an average frequency in the magnitude of a 100-year recurrence interval.

SHORE IMPACT ZONE. Land located between the ordinary high water level of public water and a line parallel to it at a setback of 50% of the structure setback.

SHORELAND.

(a) Land located within the following distances from public waters:

1. One thousand feet from the normal high water mark of a lake, pond, or flowage; and

2. Three hundred feet from a river or stream or the landward extent of a floodplain designated by the chapter on such a river or stream, whichever is greater.

(b) The practical limits of SHORELANDS may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources.

STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or the space between such a floor and the ceiling next above it. A basement shall be considered a STORY if its ceiling is over five feet above the average established grade.

STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which does not exceed 75% of the floor area of the story immediately below it and not used, or designed, arranged, or intended to be used, in whole or in part, as an independent housekeeping unit or dwelling. A HALF STORY containing independent apartments or living quarters shall be deemed a “full story”.

STREET. Any thoroughfare or way, other than a public alley, dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, or other similar designation, or a private street open to restricted travel and at least 40 feet in width.

STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

STRUCTURE ALTERATION. Any changes in the supporting members of a building such as bearing walls, columns, beams, or girders or any substantial change in the roof and exterior walls.

SUPERVISED LIVING FACILITY. A facility providing lodging plus supervision, counseling, or rehabilitative services to five or more persons and licensed as such under the State Health Code, Ch. 27. Individual dwellings under common administration, but operating autonomously, shall be considered multiple facilities.

SURFACE WATER‑ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resorts, and restaurants with transient docking facilities are examples of the use.

TOURIST HOME. Any dwelling occupied in such a manner that certain rooms in excess of those used by members of the family unit are herein provided and occupied as a home or family unit, and are rented without cooking facilities to the public for compensation and catering primarily to the traveling public.

USE. The purpose for which land or buildings thereon are designed, arranged, or intended to be occupied or used, or for which they are occupied or maintained.

UTILITY ROOM. A room or space, located other than in the basement, specifically designed and constructed to house any home utilities such as the heating unit and laundry facilities.

VARIANCE. The waiving of the strict application of the requirements of this chapter by the Board of Adjustment in accordance with this chapter.

WATER-ORIENTED ACCESSORY STRUCTURE or FACILITY. A small above-ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of the structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).

YARD. A space not occupied by a building or buildings, open to the sky and on the same lot as the principal building.

YARD, FRONT. A yard extending across the full width of the lot and lying between the front lot line and a line at a distance therefrom as specified by the regulations.

YARD, REAR. A yard extending across the full width of the lot and lying between the rear lot line and a line at a distance therefrom as specified by the regulations.

YARD, SIDE. A yard between the side lot line and a line at a distance therefrom as specified by the regulations.

ZONING MAP. The areas comprising these zoning districts and boundaries of the districts as shown upon the map attached hereto and made a part of this chapter, being designated as Official Zoning Map for the city with all proper notations, references, and other information shown thereof.

(Prior Code Ch. 600) (Ord. 2018-04, passed 9-18-2018)

§ 151.002 LOT SPLIT CODE.

The city deems it necessary to require requests for lot splits to be filed with the City Clerk/Treasurer’s office and to follow the procedure set forth herein.

(A) In the event a property owner wishes to detach a portion of one platted lot and add it to an adjoining platted lot, or creating a new lot or parcel, this shall be known as a “lot split” and the process for accomplishing this shall be as set forth in this section.

(B) An owner desiring a lot split shall submit a completed application form to the city. This application form shall contain the applicant’s name, address, home and work telephone numbers, fax number, and/or email address, address of the property in question if different from applicant’s address, the legal description of the property, and a summary of the reasons why the property owner believes the lot split is warranted. It must be signed and dated by the applicant.

(C) An owner desiring a lot split shall also submit either a certificate of survey prepared by a registered land surveyor, a plat drawing prepared by a person who prepares plat drawings for attorneys handling real estate closings, or a plat drawing prepared by the owner indicating the specific physical location of lot markers or lot lines. The owner shall also submit an application fee from the established fee table recommended by the Planning and Zoning Commission to the City Council.

(D) Upon receipt, the completed application and survey/plat drawing shall be submitted to the Planning and Zoning Commission for review. A public hearing must be held to approve the request. The Planning and Zoning Commission shall consider, among other things, the reason for the request, whether the lot after the split would comply with all the requirements of the Land Management Code concerning minimum size, setbacks, and the like, and the effect which the lot split, if approved, might have on the rights of adjoining property owners. In order to be approved, the lot split must not result in a lot or portion of a lot which lacks access to a public street or roadway. The Planning and Zoning Commission, upon reviewing the request, shall make a recommendation to the City Council for its approval or disapproval.

(E) If approved by the City Council, the City Clerk/Treasurer shall:

(1) Issue a notice of approval in writing to the property owner;

(2) Record this approval with the County Recorder (with an official legal description, by a surveyor, of the properties affected by the split, which is supplied by the applicant); and

(3) Properly address the new parcel (at the cost of the applicant).

(Prior Code Ch. 610)

§ 151.003 VALIDITY.

This chapter and the various parts, sentences, sections, and divisions thereof are hereby declared to be severable. If any part, sentence, section, or division is adjudged to be unconstitutional or invalid for any reason by a court of competent jurisdiction, the holding shall not affect the remaining portions of this chapter.

(Prior Code Ch. 620)