City Code (cont.)
__________
*Cross
references: Tree service, § 22-501 et seq.; grass, weeds and trees in
streets, § 50-4.
__________
(a)
It is unlawful for any owner, occupant or agent having control of any
occupied or unoccupied lot or land or any part thereof to permit or maintain on
any such lot or land or on or along the sidewalk, street or alley adjacent to
such between the property line and the curb or middle of the alley or for ten
feet outside the property line, if there is no curb, any growth of weeds, grass
or other rank vegetation to a greater height than nine inches on the average or
any accumulation of dead weeds, grass, brush, felled trees or standing dead
trees.
(b)
It shall be the duty of any owner, lessee or occupant of any lot or land
to cut and remove or cause to be cut and removed all such weeds, grass or other
rank vegetation as often as may be necessary to comply with subsection (a) of
this section. Cutting and removing such weeds, grass and rank vegetation at
least once every three weeks between May 15 and October 1 shall be deemed to be
compliance with this section.
(c)
All trees, bushes and vegetation which overhang a public entrance or
public way shall be properly trimmed or removed so as not to obstruct or
endanger the movement of pedestrians or vehicles. All dead trees or shrubbery or
dead parts of trees within or that overhang public property or private property
shall be promptly removed. All holes, pits, ditches and excavations whose
diameter or length exceeds two feet and whose depth is one foot or more, where
public access is available, shall either be filled, covered or fenced in such a
manner as to prevent injuries to persons on the premises. It is unlawful for any
person to fail to comply with this subsection.
(d)
One courtesy notice shall be given per season. If any such owner,
occupant or agent fails to comply with this section, the city shall cause such
weeds, grass or rank vegetation to be cut, and the expenses thus incurred shall
be a lien upon such real estate. The city clerk shall certify to the county
auditor a statement of the amount of the cost incurred by the city. Such amount
together with interest shall be entered as a special assessment against such lot
or parcel of land and shall be collected in the same manner as real estate
taxes.
(e)
Any ground, lot, parcel, vacant lot or portion thereof within a
residential zoning district shall be graded and kept free of debris so it may be
mowed and kept free of rank vegetation growth. Providing of notice and work by
the city, in addition of cost to taxes for vegetation mowing, shall also apply
to grading and removal of debris so that vegetation may be mowed. This
subsection shall not apply to lots or parcels being filled for development when
located 200 feet or more from the next adjacent dwelling.
(Code
1980, § 10.15)
Secs.
70-2--70-25. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Tree
includes trees, shrubs or other plants.
(Code
1980, § 10.10, subd. 2)
Cross
references: Definitions
generally, § 1-2.
The
council determines that the health of the elm and oak trees is threatened by
fatal diseases known as Dutch elm and oak wilt diseases, and other trees may be
threatened by other epidemic diseases of shade trees. It further determines that
the loss of elm, oak and other trees growing upon public and private property
would substantially depreciate the value of property and impair the safety, good
order, general welfare and convenience of the public. It is declared to be the
intention of the council to control and prevent the spread of those diseases,
and this article is enacted for that purpose.
(Code
1980, § 10.10, subd. 1)
Sections
1.0109 through 1.0111 of 3 Minnesota Code of Agency Rules, Department of
Agriculture, Shade Tree Program (1978 edition), together with amendments
thereof, are adopted by reference and made a part of this article as though set
forth verbatim in this article, except as otherwise provided in this article.
One copy of such agency rules shall be marked "City of Albert Lea--Official
Copy" and shall be kept on file in the office of the city clerk and open to
inspection and use by the public.
(Code
1980, § 10.10, subd. 12)
For
the purposes stated in section 70-27, the position of tree inspector is created.
It is the duty of the tree inspector to coordinate, under the direction and
control of the park and recreation director and the city manager, all activities
of the city relating to the control of Dutch elm disease and oak wilt disease
and other epidemic diseases of shade trees. The tree inspector shall carry out
the duties incident to program adopted by the council and shall meet the
qualifications established by the state commissioner of agriculture for tree
inspectors.
(Code
1980, § 10.10, subd. 3)
It
is unlawful for any person to prevent, delay or interfere with the tree
inspector or his agent while he is engaged in the performance of the duties
imposed by this article.
(Code
1980, § 10.10, subd. 11)
It
is the intention of the council to conduct a program of tree pest control. This
program is concentrated on but not limited to the control and elimination of
Dutch elm disease fungus, elm bark beetle and the oak wilt fungus and is
undertaken at the recommendation of the state commissioner of agriculture. The
tree inspector shall act as the coordinator between the commissioner of
agriculture and the council in the conduct of this program.
(Code
1980, § 10.10, subd. 4)
(a)
It is unlawful for any person to permit a public nuisance as defined in
this section on any premises owned or controlled by him. The following are
public nuisances:
(1)
Any living or standing elm tree or part thereof infected to any degree
with Dutch elm disease fungus or which harbors any of the elm bark beetles.
(2)
Any living or standing oak tree or part thereof infected to any degree
with oak wilt fungus.
(3)
Any dead oak tree or part thereof which in the opinion of the tree
inspector constitutes a hazard, including but not limited to logs, branches,
stumps, roots, firewood or other oak material, which has not been burned or
sprayed with an effective fungicide.
(4)
Any other shade trees with an epidemic disease.
(b)
The stockpiling of bark bearing elm wood within the city limits shall be
permitted during the period from September 15 through April 1 of any given year.
Any such wood not utilized by April 1 of any year must be removed and disposed
of as provided by this article and the regulations incorporated in this article.
(Code
1980, § 10.10, subd. 5)
(a)
As often as practical, the tree inspector shall inspect all public and
private premises which might harbor any kind of pest as defined by M.S.A. §
18.46, subd. 13, to determine whether any condition described in section 70-32
exists thereon. The tree inspector shall investigate all reported incidents of
infestation by Dutch elm fungus, elm bark beetles, oak wilt fungus or other
epidemic diseases of shade trees.
(b)
The tree inspector or his duly authorized agent may enter upon private
premises at any reasonable time for the purpose of carrying out any of the
duties assigned to him under this article.
(c)
The tree inspector shall, upon finding conditions indicating Dutch elm
disease, oak wilt disease or other infestations, take specimens or samples and
have a diagnosis made. Except as provided in section 70-35, no action to remove
infected trees or wood shall be taken until positive diagnosis of the disease
has been made.
(Code
1980, § 10.10, subd. 6)
In
abating the nuisance defined in section 70-32, the tree inspector shall cause
the infected tree or wood to be chemically treated, removed, burned or otherwise
effectively treated so as to destroy and prevent as fully as possible the spread
of epidemic diseases including Dutch elm disease and oak wilt disease. He shall
also take such steps as are necessary to prevent root graft transmission of the
diseases. Such abatement procedures shall be carried out in accordance with
current technical and expert opinions and plans as may be designated by the
state commissioner of agriculture.
(Code
1980, § 10.10, subd. 7)
(a)
Whenever the tree inspector finds with reasonable certainty that a
nuisance, as defined in section 70-32, exists in any tree or wood in any public
or private place, he shall proceed as follows:
(1)
If the nuisance exists in any private place in the city, he shall
immediately cause a notice to be sent by U.S. mail to the last address of record
of the owner of the property upon which the nuisance is located. The notice
shall set forth the details of the nuisance, the actions which the owner must
take to abate the nuisance and the time in which the owner must complete the
prescribed action. The tree inspector shall immediately inform the city manager
of any such action.
(2)
If the nuisance is on public property or if the nuisance is on private
property and the owner of the property has not abated the nuisance in the manner
prescribed by the notice described in subsection (a)(1) of this section or in
the period of time established by the notice and if the tree inspector finds
that danger of infestation of other elm, oak or other trees is not imminent
because of the dormancy of the infected trees, he shall make a written report of
his findings to the city manager. The city manager shall report such findings to
the council. The council shall proceed to abate the nuisance as a public
improvement under M.S.A. ch. 429 or by resolution directing the city manager to
abate such nuisances at the public expense.
(3)
If the nuisance is on public property or if the nuisance is on private
property and the owner of the property has not abated the nuisance in the manner
prescribed by the notice described in subsection (a)(1) of this section and in
the period of time established by the notice and if the tree inspector finds
that danger of infestation of other elm, oak or other trees is imminent, he
shall abate the nuisance by removal of the tree or by whatever other action he
finds necessary to effectively abate the nuisance. Any such action shall be
immediately reported to the city manager.
(b)
The tree inspector shall keep a record of the costs of abatement done
under subsection (a) of this section and shall report monthly to the city
manager all work done for which assessments are to be made, stating and
certifying the description of the land, lots and parcels involved and the amount
chargeable to each.
(c)
On or before October 1 of each year, the city clerk shall list the total
unpaid charges for each abatement against each separate lot or parcel to which
they are attributable under this section. The council may then spread the
charges or any portion thereof against the property involved as a special
assessment and may issue obligations as provided for in M.S.A. § 429.101, subd.
1, and M.S.A. § 18.023, subd. 7, and other pertinent statutes.
(Code
1980, § 10.10, subd. 8)
Whenever
the tree inspector determines that any elm tree or elm wood is infected with elm
fungus, he may spray all nearby elms, whether on public or private property,
with an effective elm bark beetle destroying concentrate or fungicide or both.
The notice requirements of section 70-35 shall apply to any such spraying on
private premises. A citywide spraying of elms shall be done upon a finding by
the council by resolution that such measures are warranted. No elm shall be
sprayed with concentrate when it is so close to a lake or stream as to cause a
loss of the spray concentrate into the lake or stream. All spray concentrates
for elm bark beetle control shall be applied in accordance with the opinion and
plans of the state department of agriculture and under the supervision of the
commissioner of agriculture and his agents whenever possible.
(Code
1980, § 10.10, subd. 9)
It
is unlawful for any person to transport within the city any bark-bearing elm
wood without having obtained a permit from the tree inspector, unless licensed
for tree service under this Code.
(Code
1980, § 10.10, subd. 10)
__________
*Cross
references: Buildings
and building regulations, ch. 18.
State
law references: Housing,
redevelopment, planning and zoning, M.S.A. § 462.12 et seq.
__________
This
chapter incorporates the ordinance establishing comprehensive zoning regulations
for the city and providing for the administration, enforcement and amendment
thereof, in accordance with M.S.A. § 462.357, and for the repeal of all
amendments in conflict with this chapter. The council deems it necessary to the
end that adequate light, pure air, and safety from fire and other dangers may be
secured; that the taxable value of land and buildings throughout the city may be
conserved; that congestion in the public streets may be lessened or avoided;
that the hazards to persons and damage to property resulting from the
accumulation or runoff of storm waters or floodwaters may be lessened or
avoided; and that the public health, safety, comfort, morals, and welfare may be
otherwise promoted. The council, pursuant to M.S.A. § 462.354, has established
the planning commission, and the planning commission has given reasonable
consideration to the plans and maps prepared as a part of the comprehensive
planning process. The planning commission has further caused to be prepared,
reviewed and transmitted to the council the zoning ordinance contained within
this chapter. All requirements of M.S.A. § 462.357 have been met.
(Code
1980, § 11.01)
(a)
As used in this chapter, the term "used" or
"occupied" includes the term "intended, designed, or arranged to
be used or occupied."
(b)
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
structure means a
structure subordinate to the principal use of the land, located on the same
parcel as the principal use and principal structure, and serving a purpose
customarily incidental to the principal use and principal structure.
Accessory
use means a use
subordinate to the principal use of the land, located on the same parcel as the
principal use, and serving a purpose customarily incidental to the principal
use.
Agriculture
means the tilling of the soil, the raising of crops, horticulture and gardening,
but not including the keeping or raising of domestic animals or fowl, except
household pets, and not including agriculture, industry or business such as
fruit packing plants, fur farms, animal hospitals or similar uses.
Airport
means the Albert Lea Municipal Airport located in the east 1320 feet of section
32 and the west one-half of section 33, township 103, range 21 west.
Airport
elevation means the
established elevation of the highest point on the useable landing area, which
elevation is established to be 1259 feet above mean sea level.
Airport
hazard means any structure
or tree or use of land which obstructs the airspace required for or is otherwise
hazardous to the flight of aircraft in landing or taking off at the airport; any
use of land which is hazardous to persons or property because of its proximity
to the airport.
Alley
means a public or private way affording only secondary means of access to
abutting property.
Antenna
means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennas,
panels, microwave dishes, satellite dishes, and omni-directional antennas, and
which shall not extend more than 25 feet above the highest point or surface of
the ground or structure on which the antenna is mounted or attached.
Apartment
means a room or suite of rooms in a multifamily or multiuse building arranged
and intended as a place or residence for a single family or a group of
individuals living together as a single housekeeping unit.
Apartment
building means any
building or portion thereof which is designed, built, rented, leased, let or
hired out to be occupied or which is occupied as the home or residence of three
or more families living independently of each other and doing their own cooking
in the building, and the term includes flats and apartments.
Automobile
or trailer sales means an
open area other than a street used for the display, sale or rental of new or
used motor vehicles or trailers in operable condition.
Automobile
wrecking means the
dismantling or disassembling of used motor vehicles or trailers, or the storage,
sale or dumping of dismantled, partially dismantled, obsolete or wrecked
vehicles or their parts.
Basement
means that portion of a building located partly underground, including crawl
spaces, but having less than half its clear floor to ceiling height below the
average grade of the adjoining ground or having one sidewall area two-thirds
exposed above the average grade of the adjoining ground and the two walls
adjoining the above side having one-third or more of wall area above the average
grade of the adjoining ground. A basement having its sides more than one half
below the adjoining ground is defined as a cellar.
Block
means a tract of land bordered on all sides by streets or by one or more streets
and a railroad right-of-way, stream or river of unsubdivided acreage.
Bluff
means a topographic feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than 18 percent
over a distance for 50 feet or more shall not be considered part of the bluff):
(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 waterbody;
(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 waterbody.
Bluff
impact zone means a bluff
and land located within 20 feet from the top of a bluff.
Boathouse
means a structure designed and used solely for the storage of boats and boating
equipment.
Buildable
area means that area of a
lot which is exclusive of all yards and within which the principal building must
be constructed.
Building
means any structure for the shelter, support or enclosure of persons, animals,
chattels or property of any kind and when separated by dividing walls, without
openings, each portion of such building, so separated, shall be deemed a
separate building.
(1)
Principal building means a building placed on a permanent
frost-free support system enclosed by sidewalls and a roof and utilized for the
primary land use on the site.
(2)
Accessory building means a building which is subordinate to the
principal building, separated from it, and utilized only in accordance with the
permitted accessory uses as permitted within the zoning district in which it is
located.
Building,
height of means the
vertical distance above grade as defined in this section to the highest point of
the coping of a flat roof or to the deck line of a mansard roof or to the
average height of the highest gable of a pitched roof or hipped roof. The
measurement may be taken from the highest adjoining sidewalk or ground surface
within a five-foot horizontal distance of the exterior wall of the building,
when such sidewalk or ground surface is not more than ten feet above grade. The
height of a stepped or terraced building is the maximum height of any segment of
the building.
Building
line means a line parallel
to a lot line or the ordinary high water level of a protected water at the
required setback beyond which a structure may not extend.
Building,
principal facing area
refers to the property lines or lease lines at the front of the building in
which the business is located or the location of the main public entrance of the
building.
Cellar
means a story having one-half or more of its height below grade.
Cemetery
means land used or intended to be used for the burial of the human dead and
dedicated as a cemetery for such purposes.
Church
or synagogue includes a
church, synagogue, rectory, parish house or similar building incidental to the
principal use which is maintained and operated by an organized group of people
for religious purposes.
Clinic
means a place used for the care, diagnosis and treatment of sick, ailing, infirm
and injured persons and those who are in need of medical or surgical attention,
but who are not provided with board or room or kept overnight on the premises.
Club
means a nonprofit association of persons who are bona fide members, paying
regular dues, and are organized for some common purpose, but not including a
group organized solely or primarily to render a service customarily carried on
as a commercial 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.
Conditional
use means a specific type
of structure or use of land listed within the district regulations that may be
allowed only after an in-depth review procedure and with appropriate conditions
or restrictions as provided within this chapter and upon a finding that:
(1)
Certain conditions as detailed in this chapter exist; and
(2)
The structure or land use conform to the comprehensive plan and are
compatible with the existing neighborhood.
Condominium
means a form of individual ownership within a development of more than one
dwelling, business use or industrial use, which entails joint ownership of
common areas and facilities and joint responsibility for maintenance and
repairs; and individual ownership of the individual dwellings, commercial or
industrial space, and the immediate surrounding site area assigned to the unit
if any.
Convalescent,
nursing or rest home means
any building or group of buildings providing personal assistance or nursing care
for those dependent upon the services because of age or physical or mental
impairment, but not for the treatment of contagious diseases, addicts or mental
illness.
Court
means a space, open and unobstructed to the sky, located at or above grade level
on a lot and bounded on three or more sides by walls of a building.
Critical
erosion area means an area
where degree of slope, length of slope, soil erodibility and surface cover are
such as is likely to result in soil being transported off site to high valued
damaged areas.
Deck
means a horizontal, unenclosed platform with or without attached railings,
seats, trellises, or other features, attached or functionally related to a
principal use or site.
Detached
clustered dwellings means
detached single-family homes on individual lots which may not require street
frontage or side yard setback areas, but which are only permitted in planned and
coordinated developments.
District
means any section of the city as shown on the official zoning map for which the
regulations governing the use of buildings and premises and the height and area
of buildings are uniform.
Drive-in
restaurant means any
eating or drinking establishment designed for the consumption of food or drinks
by persons in vehicles parked on the premises.
Dwelling
means one room or a suite of two or more rooms designed for or used by one
family for living and sleeping purposes and having its own cooking and sanitary
facilities and being within a principal building.
Dwelling,
attached means a dwelling
which is joined to other dwellings at two or three sides by party walls with no
dwelling above or below any other dwelling and arranged in a row, including the
dwellings at the ends.
Dwelling,
detached means a
residential building which is entirely surrounded by open space on the same lot.
Dwelling,
semidetached means the
dwelling which is joined to another dwelling at one side only by a party wall.
Dwelling,
single-family means a
principal building designed for or occupied by one family and containing one
dwelling unit.
Dwelling
site means a designated
location for residential use by one or more persons including temporary or
movable shelters and camping and recreational vehicle sites.
Dwelling,
two-family means a
principal building designed for or occupied by two families and containing two
dwelling units.
Dwelling,
three-family means a
principal building designed for or occupied by three families and containing
three dwelling units.
Dwelling,
four-family means a
principal building designed for or occupied by four families and containing four
dwelling units.
Dwelling,
multiple means a principal
building or portion thereof designed for three or more families and containing
three or more dwelling units.
Equal
degree of encroachment
means a method of determining the location of floodway boundaries so that
floodplain lands on both sides of a stream are capable of conveying a
proportionate share of flood flows.
Erosion
and sediment control plan
means a plan for the control of soil erosion and sediment resulting from a land
disturbing activity.
Established
residential neighborhoods in built-up urban areas
means a tract of land which, prior to July 2, 1979, was partially developed or
ready for development and included some if not all of the following
improvements: public sanitary sewer, public water, subdivided building sites,
graded streets, paved streets, curb and gutter, developing and completed
residential structures.
Extractive
use means the use of land
for surface or subsurface removal of sand, gravel, rock, industrial minerals,
other nonmetallic minerals, and peat not regulated under M.S.A., §§ 93.44 to
93.51.
Family
means a person living alone or two or more persons related by blood or marriage
living together as a housekeeping unit and occupying a single dwelling unit; or
a group of not more than four persons, who need not be related by blood or
marriage, living together as a single housekeeping unit on a nonprofit,
cost-sharing basis.
Farm
means an area which is used for the growing of usual farm products such as
vegetables, fruit, trees and the raising thereon of the usual farm poultry and
farm animals, such as horses, cattle, sheep and swine. The term
"farming" includes the operating of such an area for one or more of
the uses listed in this definition, including dairy farms, with the necessary
accessory uses for treating or storing produce; provided, however, that the
operation of any such accessory uses shall be secondary to the normal farming
activities. A farm does not include intensive livestock raising such as feed
lots or large batteries of rabbit or other animal hutches.
Fence
means an accessory structure forming an enclosed barrier or boundary and
constructed of posts, boards, wire, stakes or rails; or a wall of brick, stone,
concrete or similar materials.
Flood
means a temporary increase of the flow or stage of a stream or in the stage of a
lake or the temporary ponding of surface runoff that results in the inundation
of normally dry areas.
Flood
frequency means the
average frequency, statistically determined, for which it is expected that a
specific flood stage or discharge may be equaled or exceeded.
Flood
fringe means that portion
of the floodplain outside of the floodway. Flood fringe is synonymous with the
term "floodway fringe" used in the flood insurance study for the city.
Floodplain
means the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or may be covered by the regional flood and areas subject to
periodic ponding from local runoff.
Floodplain
zoning map means a portion
of the zoning map adopted in accordance with section 74-3 as required therein.
The floodplain zoning map adopts by reference and incorporates therein the flood
insurance study for the city, dated November 3, 1981, and the flood boundary and
floodway maps and flood insurance rate maps therein dated May 3, 1982.
Additional information shown on the floodplain zoning map includes general
floodable areas as designated by the city engineer based on elevation surveys
and known flood elevations due to local runoff.
Floodproofing
means a combination of structural provisions, changes or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Floodway
means the bed of a wetland or lake and the channel of the watercourse and those
portions of the adjoining floodplain which are reasonably required to carry and
discharge the regional flood.
Forest
land conversion means the
clear cutting of forested lands to prepare for a new land use other than
reestablishment of a subsequent forest stand.
Fraternity
or sorority house means a
building rented, occupied or owned by a general or local chapter of some
regularly organized college fraternity or sorority or by or on its behalf by a
building corporation or association as a place of residence.
Frontage
means all the property on one side of a street or place between two intersecting
streets or places (crossing or terminating) measured along the line of the
street or place or, if the street or place is dead ended, all the property
abutting one side between an intersecting street or place and the dead end of
the street or place, but not including the dead end of the street.
Garage,
private means an attached
or detached accessory building designed or used for the storage of motor-driven
vehicles, not more than two of which are owned by other than the occupants of
the main building.
Garage,
public means any principal
building or portion of a principal building, except that defined in this section
as a private garage, used for the storage of motor vehicles, or where any such
vehicles are kept for remuneration or hire, including the sale of gasoline, oil
and accessories.
Garage,
repair means any
facilities for the repair or maintenance of motor vehicles, but not including
factory assembly of such vehicles, auto wrecking establishments, or junkyards.
General
floodable area means an
area of the city designated by the city engineer as floodable by local runoff
for a temporary and indefinite period of time.
Grade
means the lowest point of elevation of the finished surface of the ground,
paving or sidewalk within the area between the building and the property line
or, when the property line is more than five feet from the building, between the
building and a line five feet from the building.
Grading,
filling and excavating
means any land change which may result in soil erosion from water or wind, or
the movement of sediments into state waters or onto lands in the state without
regard to who titleholders of such receiving lands may be, including but not
limited to tilling, clearing, grading, excavating, transporting and filling of
land.
Hardship
means the same as that term is defined in M.S.A., ch. 462.
Height
as related to airport zoning
refers to ground elevation or a measured distance above ground elevation based
on the datum line being mean sea level.
High
valued damaged areas means
lakes, ponds, reservoirs, streams, residential areas, commercial areas, and
drainage systems, both natural and manmade.
Home
occupation means any
occupation which is clearly incidental to the principal use of the premises, is
conducted by a resident occupant and does not change the character of the
principal use.
Homeowners'
association means an
organization of property owners established for the purpose of providing
maintenance, financial and legal responsibility, for a parcel of land in which
they have a defined common interest.
Hospital
means an institution providing health services primarily for inpatient medical
or surgical care of the sick or injured and including related facilities such as
laboratories, outpatient department, training facilities, central service
facilities, and staff offices which are an integral part of the facility.
Hotel
or motel means any building or portion thereof, including clusters of
unattached or semi-attached cabins or cottages, which is intended or designed to
be used or which is used, rented or hired out to be occupied for sleeping
purposes by more than five guests. All or a portion of a hotel or motel may be
used for extended stay. Extended stay shall mean for periods of up to 30 days,
and 30-day contracts or contracts for lesser periods may be renewed at the
discretion of the hotel or motel management.
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.
Institution
means a building occupied by a nonprofit corporation or a nonprofit
establishment for public use.
Intensive
vegetation clearing means
the complete removal of trees or shrubs in a contiguous patch, strip, row, or
block.
Junkyard
means a place where waste, discarded or salvaged materials are brought, sold,
exchanged, stored, baled, packed, disassembled or handled, including auto
wrecking yards, house wrecking yards, and used material yards, but not including
pawnshops, antique shops, and places for the sale, purchase or storage of used
furniture and household equipment, used cars in inoperable condition or salvaged
materials incidental to manufacturing operations.
Landing
means a platform at the top or bottom of a staircase or a platform interrupting
a flight of stairs.
Landing
area means the area of the
airport used for the landing, taking off or taxiing of aircraft.
Limited
occupancy specialty hotel
means a hotel for not more than 15 guestrooms where one or more sit-down meals
are provided for each guest with the meal being served within the hotel
facilities specifically designed for dining purposes and provided as part of the
basic cost of occupancy.
Limited
retail in historic residence
means a retail facility of not more than 2,000 square feet gross retail area
located in an existing residence constructed prior to 1937 and meeting
conditions as established in this chapter.
Live/work
is a land use concept which mixes residential and a commercial or industrial
activity within the same vertical space with the residential activity being
above the commercial or industrial activity, but not necessarily separated
therefrom. Live/work spaces provide the opportunity for one to carry out his
profession or vocation within the same vertical land use space. Live/work is a
land use entity in itself and is not regulated as a customary home occupation as
provided in section 74-22.
Lodginghouse
means any building or portion thereof containing not more than five guestrooms
where rent is paid in money, goods, labor or otherwise.
Lot
means, for zoning purposes, a parcel of land intended for occupancy by one or
more principal buildings and any accessory buildings. Such lot shall have
frontage on a public street and shall be of at least sufficient size to meet
minimum zoning requirements for use, coverage and area to provide such yards and
open spaces as required within the district in which it is located. Manufactured
home parking sites in manufactured home parks are not defined as lots in
accordance with this section. Lots approved as part of a condominium,
semidetached, attached, to clustered dwelling developments are exempt from the
requirements of this section; however, such lots are regulated in accordance
with the specific requirements of the approved plan for such exempt
developments. A lot may consist of:
(1)
A single lot of record.
(2)
A portion of a lot of record.
(3)
A combination of complete lots of record, or a combination of completed
lots of record and portions of lots of record, provided that it is recorded as
one lot.
(4)
A parcel of land described by metes and bounds description and recorded
by the county recorder prior to the adoption of the ordinance from which this
chapter derives or any newly described metes and bounds parcel of less than five
acres, and in no case of division or combination shall any residential lot or
parcel be created which does not meet the requirements of this chapter.
Lot
coverage means that
percentage of a lot which, when viewed in its horizontal plane, would be covered
by a structure or any part thereof.
Lot
frontage means the front
of a lot, which shall be construed to be the portion nearest the street. For the
purpose of determining yard requirements on corner lots and through lots, all
sides of a lot adjacent to streets shall be considered frontages, and yards
shall be provided as indicated under Yards in this section.
Lot
lines means the lines
bounding the lot.
Lot
measurements are computed
as follows:
(1)
Depth of a lot shall be considered to be the mean horizontal
distance between the midpoints of straight lines connecting the foremost points
of the side lot lines in front and the rearmost points of the side lot lines in
the rear.
(2)
Width of a lot shall be considered to be the distance between the
horizontal lines connecting front and rear lot lines at each side of the lot
measured across the rear of the required front yard; provided, however, that
width between side lot lines at their foremost points, where they intersect with
the street line, shall not be less than 80 percent of the required lot width
except for lots on the turning circle of a cul-de-sac, where the 80-percent
requirement shall not apply.
(3)
Area of a lot shall be computed from the area contained in a
horizontal plane defined by the lot lines.
Lot
of record means a lot
which is part of a subdivision, the plat of which has been recorded in the
office of the county recorder, or a lot described by metes and bounds, the
description of which has been recorded in the office of the county recorder.
Lot,
corner means a lot located
at the intersection of two or more streets. A lot abutting on a curved street
shall be considered a corner lot if straight lines drawn from the foremost
points of the side lot lines to the foremost points of the lot meet at an
interior angle of less than 120 degrees.
Lot,
interior means a lot other
than a corner lot with only one frontage on a street other than an alley.
Lot,
through means a lot other
than a corner lot with frontage on more than one street other than an alley.
Through lots with frontage on two streets may be referred to as double-frontage
lots.
Lot,
reversed frontage means a
lot in which the frontage is at right angles or approximately right angles to
the general pattern in the area involved. A reversed-frontage lot may also be a
corner lot or an interior lot.
Manufactured
home means a structure,
transportable in one or more sections, which in the traveling mode is eight body
feet or more in width or 40 body feet or more in length or, when erected on
site, is 320 or more square feet and which is built on a permanent chassis and
is designed to be used as a dwelling, with or without a permanent foundation,
when connected to the required utilities and includes the plumbing, heating, air
conditioning and electrical systems contained therein, except that the term
includes any structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification required by the
secretary of the department of housing and urban development and complies with
the standards established under this chapter.
Manufactured
home park means a parcel
of land which has been planned and improved for the placement of two or more
manufactured homes for nontransient use.
Nonconforming
use means a building,
structure or premises legally existing or used at the time of adoption of the
ordinance from which this chapter derives or any amendment thereto and which
does not conform to the use provisions of this chapter for the district in which
the premises is located.
Nonprecision
instrument runway means a
runway having an existing or planned straight-in instrument approach procedure
utilizing air navigation facilities with only horizontal guidance, and for which
no precision approach facilities are planned or indicated on an approved
planning document.
Obstruction
means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting into any
channel, watercourse or regulatory floodplain 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.
Ordinary
high water level means 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.
Parking
lot means a parcel of land
containing one or more unenclosed parking spaces whose use is principal to the
lot as differentiated from an accessory use, as on a residential lot.
Parking
space means a surfaced
area, enclosed or unenclosed, sufficient in size to store one motor vehicle,
together with a street or alley, and permitting ingress and egress of an
automobile.
Patio
homes means attached
dwellings having separate ground level entrances and no other dwelling units
above or below.
Person
means an individual, firm, partnership, corporation, company, association, joint
stock association or body politic and includes a trustee, receiver, assignee,
administrator, executor, guardian or other representative.
Place
means an open unoccupied space other than a street or alley permanently reserved
as the principal means of access to adjoining property.
Planned,
as related to airport facilities and as used in this chapter, means those
proposed future developments that are so indicated on a planning document having
the approval of the Federal Aviation Administration; the state department of
transportation, division of aeronautics; and the city.
Porch
means a covered structure forming an entrance to a building and generally having
a separate roof or as a recess within the roofline of the building forming an
entrance, vestibule or veranda.
Principal
use means the purpose for
which land or a building or structure thereon is designed, arranged, intended or
maintained or for which it is or may be used or occupied.
Public
waters means any waters as
defined in M.S.A. § 103G.005, subds. 14 and 15.
Reach
is a hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or manmade obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Recreational
camping area means any
area, whether privately or publicly owned, used on a daily, nightly, weekly or
longer basis for the accommodation of five or more units, consisting of tents,
travel trailers, pickup coaches, motor homes or camping trailers, and whether
use of such accommodation is granted free of charge or for compensation.
Recycling
center means any area or
structure, whether privately or publicly owned and operated, that engages in
recycling or reclamation of metals, paper, or other materials, including
crushing, shredding, baling or compacting materials such as auto bodies, scrap
metal, etc.
Regional
flood means 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 on an average
frequency in the magnitude of the 100-year recurrence interval. Regional flood
is synonymous with the term "base flood" used in the flood insurance
study.
Regulatory
flood protection elevation
means an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway. The base floodwater
surface elevations and floodway are listed in the floodway data tables contained
in the flood insurance study dated May 3, 1982, and referred to as
Community-Panel # 270135 0001. These elevations are also shown on the floodplain
zoning map.
Runway
means any paved surface or turf covered area of the airport which is
specifically designated and used or planned to be used for the landing or taking
off of aircraft.
School,
primary, secondary, college or university means any school having regular sessions with regularly employed
instructors teaching subjects which are fundamental and essential for a general
academic education, under the supervision of and in accordance with the
applicable state statutes.
Semipublic
use means the use of land
by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside the regular constituency of the
organization.
Sensitive
resource management means
the preservation and management of areas unsuitable for development in their
natural state due to constraints such as shallow soils over groundwater or
bedrock, highly erosive or expansive soils, steep slopes, susceptibility to
flooding, or occurrence of flora or fauna in need of special protection.
Service
station, gasoline station
means any building or premises used principally for the dispensing, sale or
offering for sale at retail of automobile fuels or oils or for the servicing of
motor vehicles.
Setback
means the minimum horizontal distance between a structure, sewage treatment
system, or other facility and an ordinary high water level, sewage treatment
system, road, highway, property line, or other facility.
Sewage
treatment system means a
septic tank and soil absorption system or other individual or cluster type
sewage treatment system.
Sewer
system means pipelines or
conduits, pumping stations, and force main, and all other construction, devices,
appliances, or appurtenances used for conducting sewage or industrial waste or
other wastes to a point of ultimate disposal.
Shopping
center means a land
development for retail purposes which shall have all of the following
characteristics:
(1)
Having a gross floor area of 200,000 square feet or more.
(2)
Having one or more buildings or parcels and ten or more retail outlets.
(3)
Having one or more retail outlets which is an anchor store with 50,000
square feet or more in retail services.
(4)
Located on ten or more acres of land.
(5)
Providing shared parking facilities through common land ownership, common
leases or cross easements.
(6)
Having a common identification name and image.
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 from the ordinary high water level of the lakes
classified in section 74-969 and land located within 300 feet from the streams
classified in section 74-969 (shoreland management or the landward extent of a
floodplain designated by ordinance on a river or stream, whichever is greater.
The limits of shorelands 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 commissioner.
Shoreland
development standards
means specific criteria applied to land within the shoreland management
district.
Shoreland
management district means
all shorelands of the protected waters extending up to 300 feet from the
ordinary high water mark, or the first tier of lots on existing riparian
development, or the first tier of lots beyond a public street in existing
development when the street is adjacent to public waters.
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 M.S.A. § 307.08. An
historic site meets these criteria if it is presently listed on either register
or if it is determined to meet the qualifications for listing after review by
the state archaeologist or the director of the Minnesota Historical Society. All
unplatted cemeteries are automatically considered to be significant historic
sites.
Slope
means an incline from the horizontal expressed in an arithmetic ratio of
horizontal magnitude to vertical magnitude.
GRAPHIC
LINK (not available):
Solar
collector or collector
means a device or combination of devices, structures or part of a device or
structure that collects solar radiation and converts it to thermal, mechanical,
chemical or electrical energy. This definition includes solar windows and
glazing.
Solar
energy means radiant
energy (direct, diffused and reflected) received from the sun.
Solar
energy system means a
complete design or assembly consisting of a solar collector; an energy storage
facility, where used, and components for distribution of transformed energy, to
the extent such components cannot be used jointly with a conventional energy
system, or thermal gas components, such as water tanks or masonry walls and
floors.
Steep
slope means land where
development is either not recommended or described as poorly suited due to slope
steepness and the site's soil characteristics as mapped and described in
available county soil surveys or other reports, unless appropriate design and
construction techniques and farming practices are used in accordance with the
provisions of this section. Where specific information is not available, steep
slopes are 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 upper surface of any floor
and the upper surface of the floor next above, except that the topmost story
shall be the portion of a building included between the upper surface of the
topmost floor and the ceiling or roof above. If the finished floor level
directly above a basement, cellar or unused underfloor space is more than six
feet above grade as defined in this section for more than 50 percent of the
total perimeter or is more than 12 feet above grade as defined in this section
at any point, such basement, cellar or unused underfloor space shall be
considered as a story.
Story,
half means a space under a
sloping roof which has the line of intersection of roof decking and wall face
not more than three feet above the top floor level, and in which space not more
than two-thirds of the floor area is finished off for use. A half-story
containing independent apartment or living quarters shall be counted as a full
story.
Street
means the entire width between property lines of a way or place dedicated,
acquired, or intended for the purpose of public use for vehicular traffic or
access other than an alley.
Street
line means a dividing line
between a lot, tract or parcel of land and a contiguous street.
Structural
alteration means any
change in the supporting members of a building, such as bearing walls or
partition columns, beams or girders, or any substantial change in the roof or in
the exterior walls.
Structure
means an object constructed or installed by man, including but without
limitation buildings, towers, smokestacks, overhead transmission lines, signs
and billboards, and walls.
Subdivision
means land that is divided for the purpose of sale, rent, or lease, including
planned unit developments.
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. Marinas, resorts, and restaurants with transient docking facilities
are examples of such use.
Toe
of the bluff the lower
point of a 50-foot segment with an average slope exceeding 18 percent (See
illustration below).
Top
of the bluff the upper
point of a 50-foot segment with an average slope exceeding 18 percent (See
illustration below).
GRAPHIC
LINK (not available):
Supervised
living facility means a
residential facility consisting of multiple dwellings and common facilities
providing for 24-hour professional staff counseling and assistance to residents.
Tower
means any ground, building, or roof mounted pole, spire, structure, or
combination thereof taller than 25 feet above the highest surface on which the
structure is mounted, including supporting lines, cables, wires, braces, and
masts, intended primarily for the purpose of mounting an antenna, meteorological
device, or similar apparatus above grade.
Townhouse
means attached dwelling units, each with a separate entrance to front and rear
yards.
Traverse
ways means, for the
purpose of determining height limits relating to airport zoning, that the height
limit shall be increased by 17 feet for interstate highways; 15 feet for all
other public roadways; ten feet or the height of the highest mobile object that
would normally traverse the road, whichever is greater, for private roads; 23
feet for railroads; and for waterways and all other traverse ways not mentioned
an amount equal to the height of the highest mobile object that would normally
traverse it.
Tree
means any object of natural growth.
Utility
runway means a runway that
is constructed for and intended to be used by propeller-driven aircraft of
12,500 pounds maximum gross weight and less.
Variance
means a modification of a specific permitted development standard required in
this chapter to allow an alternative development standard not stated as
acceptable in this chapter, but only as applied to a particular property for the
purpose of alleviating a hardship, practical difficulty or unique circumstance
as defined and elaborated upon in this chapter.
Veterinary
clinic means a place for
the care, diagnosis and treatment of sick, ailing or diseased animals which may
include kennels for domestic pets, but does not include areas for the boarding
of farm animals.
Visual
runway means a runway
intended solely for the operation of aircraft using visual approach procedures,
with no straight-in instrument approach procedure and no instrument designation
indicated on an approved planning document.
Wetland
means a surface water feature classified as a wetland in the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands (January 1989).
Wind
energy conversion system (WECS)
means any device that converts wind power to useable energy, such as electricity
or heat. A wind energy conversion system may also be referred to by such common
names as "wind charges," "wind turbine" and
"windmill."
Yard
means a required open space unobstructed by any structure or portion of a
structure from the ground upward; provided, however, that fences and walls may
be permitted in any yard subject to height limitations as indicated in this
chapter.
Yard,
front means a yard
extending between side lot lines, the depth of which is measured parallel to and
beginning at the street right-of-way line. For purposes of determining the front
yard on a corner lot, the front yard shall be that portion of the lot having the
shortest distance on the public right-of-way. When the lot has equal distance on
each right-of-way portion of a corner lot, the front shall be that portion of
public right-of-way within a block length on which the majority of properties
front.
Yard,
rear means a yard
extending across the rear of the lot between side lot lines beginning at the
rear of the principal structure and extending to the rear lot line. For through
lots there will be no rear yard. For corner lots, the rear lot shall extend from
the interior side lot line to the setback line required along the side street.
Depth of the required rear yard shall be measured at right angles to a straight
line across the lot adjoining the rearmost points of the side lot lines or, for
a dedicated alley, it shall be measured from the rearmost points of the side lot
lines when extended to the centerline of the alley. For irregular rear yards
(i.e., lakeshore, curves, angles, etc.), the depth of a required rear yard shall
be measured at right angles to a straight line which represents the average
distance of the rearmost points of the side lot lines projected to the rear of
the lot or parcel.
Yard,
side means a yard
extending from the rear line of the required front yard to the rear yard. For
through lots, side yards shall extend from the rear lines of the front yard
required. Width of required side yards shall be measured at right angles to a
straight line joining the ends of front and rear lot lines on the same side of
the lot. For irregular side yards (i.e., lakeshore, curves, angles, etc.), the
width of a required side yard shall be measured at right angles to a straight
line which represents the average distance of the ends of the front and rear lot
lines on the same side of the lot projected to the exterior side lot line. The
inner side yard line of a required side yard shall be parallel to the straight
line so established.
Zoning
inspector means the zoning
inspector is the appropriately designated official appointed by the city manager
for the purpose of administrating and enforcing this chapter.
(Code
1980, § 11.02; Ord. No. 425, 2d, §§ 1, 2, 11-28-94; Ord. No. 438, 2d, § 1,
11-27-95; Ord. No. 447, 2d, § 1, 11-12-96; Ord. No. 3, 3d, § 2, 7-14-97; Ord.
No. 45, 3d, § 1, 12-11-00)
Cross
references: Definitions
generally, § 1-2.
(a)
The official zoning map shall be identified by the signature of the
mayor, attested to by the clerk and bearing the seal of the city under the
following words: "This is to certify that this is the Official Zoning Map
referred to in Chapter 74 of the City Code", together with date of
adoption.
(b)
If, in accordance within provisions of this chapter, changes are made in
district boundaries or other matter portrayed on the official zoning map, the
change shall be recorded promptly after the amendment has been approved by the
council together with an entry on the official zoning map as follows: "By
Ordinance Number ________ adopted (date) by the City of Albert Lea, the
following change or changes were made in the Official Zoning Map: Description of
change," which entry shall be signed by the mayor and attested to by the
clerk.
(c)
Any unauthorized change of the official zoning map of whatever kind by
any person shall be considered a violation of this chapter and punishable under
section 1-13.
(d)
The official zoning map consists of the following:
(1)
A map entitled "General Zoning District Map" which designates
the basic land use zones of the city.
(2)
A map entitled "Floodplain Zoning Map" which designates
floodable areas and floodplain zones and includes by reference the flood
insurance study for the city, dated November 3, 1981, and the flood boundary and
floodway maps and flood insurance rate maps therein dated May 3, 1982; all of
which are declared to be a part of the official zoning map. The floodplain
zoning map described in this subsection is an overlay zone to the general zoning
map and takes precedence thereto.
(3)
A map entitled "Airport Safety Zone Map" designating airport
safety zones which are overlay zones to the general zoning map and take
precedence thereto.
(4)
A map entitled "Air Space Zoning Map" which designates airspace
zones which are overlay zones to the general zoning map and which take
precedence thereto.
(e)
The map is on file and available in the city clerk's office.
(Code
1980, § 11.04)
The
council shall designate the zoning of annexed parcels in the annexation
ordinance or by separate ordinance at the time of annexation, considering the
zoning, if any, prior to annexation and the compatibility of use of zoning in
the area to be annexed with the zoning adjacent thereto within the city. If the
zoning district of the annexed area is not specified in the annexation
ordinance, the land annexed shall be deemed to be specified as an R-1
single-family residence district until changed by the procedure set forth for
amendments to the official zoning map.
(Code
1980, § 11.05)
Whenever
any street, alley or other public way is vacated by official action of the
council, the zoning districts adjoining each side of such street, alley or
public way shall be automatically extended to the center of such vacation, and
all area included in the vacation shall then be subject to all appropriate
regulations of the extended districts.
(Code
1980, § 11.06)
Except
as provided in this chapter, no building, structure or land shall be used or
occupied and no building, or structure or part thereof shall be erected,
constructed, reconstructed, moved or structurally altered unless in conformity
with all of the regulations specified in this chapter for the district in which
it is located.
(Code
1980, § 11.10, subd. 1)
No
building or other structure shall be erected or altered: (i) to exceed in
height; (ii) to accommodate or house a greater number of families; (iii) to
occupy a greater percentage of lot area; or (iv) to have narrower or smaller
rear yards, front yards, side yards or other open spaces than required in this
chapter or in any other manner contrary to this chapter.
(Code
1980, § 11.10, subd. 2)
(a)
No part of a yard or other open space or off-street parking or loading
space required about or in connection with any building for the purpose of
complying with this chapter shall be included as part of a yard, open space or
off-street parking or loading space similarly required for any other building,
except as modified in this chapter.
(b)
No yard or lot existing at the effective date of the ordinance from which
this section derives shall be reduced in size or area below the minimum
requirements set forth in this chapter. Yards or lots created after the
effective date of the ordinance from which this section derives shall meet at
least the minimum requirements established by this chapter.
(Code
1980, § 11.10, subd. 3)
In
their interpretation and application, the provisions of this chapter shall be
held to be minimum requirements adopted for the promotion of the public health,
safety, convenience, comfort, prosperity or general welfare. Wherever the
requirements of this chapter are in variance with the requirements of any other
lawfully adopted rules, regulations, provisions of this Code, deed restrictions
or covenants, the most restrictive or that imposing the higher standards shall
govern.
(Code
1980, § 11.10, subd. 4)
In
any zoning district where dwellings are permitted, a one-family detached
dwelling may be erected on any lot of official record at the effective date of
the ordinance from which this section derives, irrespective of its area or
width, provided the applicable yard and other open space requirements are
satisfied or modified by the board of zoning appeals as set forth in division 9
of article V of chapter 2.
(Code
1980, § 11.10, subd. 5)
The
height limitations stipulated in this chapter shall not apply to the following,
except within the airspace and airport safety zone:
(1)
Utility and service structures and architectural features. Church
spires, belfries, cupolas, domes, monuments, communications transmission and
reception systems, components of solar energy systems, flagpoles, water towers,
chimneys, smokestacks, electrical transmission towers, fire towers, hose towers,
cooling towers, poles, wind energy conversion systems except as regulated in
article VII of this chapter, elevators, and other similar utility, service
structures and architectural features.
(2)
Places of public assembly. Places of public assembly such as
churches, schools and other permitted public and semipublic buildings, provided
that for each two feet by which the height of such building exceeds the maximum
height otherwise permitted in the district, the building's side and rear yards
shall be increased in width or depth by an additional one foot more than the
required side or rear yards for the district, and further provided that the
board of zoning appeals shall find that such additional height will not be
materially detrimental to surrounding property.
(3)
Maximum height limitation. There shall be a maximum height
limitation of 1,400 feet MSL for all structures or parts of structures including
towers and antennas for any location or zoning district in the city, unless
otherwise restricted by zoning district limitations.
(Code
1980, § 11.10, subd. 6; Ord. No. 3, 3d, § 3, 7-14-97)
The
yard and frontage limitations stipulated elsewhere in this chapter shall not
apply to the following:
(1)
Average depth of front yards, front yards observed. In any
district where front yards are required and where 40 percent or more of the
frontage on one side of a street between two intersecting streets is developed
with buildings that have a front yard that is less than the required front yard
in the district, no building shall project beyond the average front yard so
established.
(2)
Through lots. For through lots, unless the prevailing front yard
pattern or adjoining lots indicates otherwise, front yards shall be provided on
all frontages. Where one of the front yards that would normally be required on a
through lot is not in keeping with the prevailing yard pattern, the inspection
division may waive the requirement for the normal front yard requirement which
shall not exceed the average of the yards provided on adjacent lots.
(Code
1980, § 11.10, subd. 7)
(a)
Generally. Any building, structure or vegetation erected, altered
or established shall comply with the yard space requirements of the district in
which it is located except as specified in this section. The required yard space
for any building, structure or use shall be contained on the same lot as the
building, structure or use, and such required yard space shall fall entirely
upon land in a district in which the principal use is permitted. In any required
front yard, no fence or wall shall be permitted which materially impedes vision
across such yard between the height of 30 inches and ten feet.
(b)
Encroachments; projections into yards.
(1)
Exceptions. Every part of a required yard shall be open from its
lowest point to the sky, unobstructed by any building or structure, except as
follows:
a.
Accessory buildings and structures in residential districts are permitted
in a rear yard but in no other yard, and such buildings and structures shall not
be more than 15 feet in height, except as otherwise provided for in this
chapter. An accessory building containing a dwelling unit for servants' quarters
or for private guests may have a height not exceeding 25 feet. No dwelling unit
for any other purposes is permitted in a rear yard. An accessory building or
structure not more than 15 feet in height shall not be less than three feet from
a side or rear lot line or less than 60 feet from a front lot line, or less than
five feet from any alley line. An accessory building or structure attached to or
part of the main building or located within the ten feet of the rear or side
wall of the main or principal building shall maintain the same side yard or rear
yard as is required for the main or principal building. No private residential
garage shall exceed 24 feet by 36 feet, the aggregate area of all accessory
structures shall not exceed 900 square feet ground coverage, and all development
on a lot including principal and accessory structures shall not exceed more than
40 percent of total lot area. This subsection shall not prevent the construction
or use of a private garage for joint storage of automobiles by two owners built
upon the dividing lot lines.
b.
Accessory building and structures in business and industrial districts
may occupy any of the ground area which the principal building is permitted to
occupy. Accessory buildings such as buildings for parking attendants, guard
shelters, gate houses and transformer buildings may be located in the front or
side yard in I-2 district.
c.
Sills, belt courses, cornices, buttresses, and eaves may project not more
than three feet over or into any required yard or court.
d.
Walks, steps for negotiating around slopes, retaining walls, fences,
paved terraces and paved areas, structures used ornamentally or for gardening or
for private recreational purposes, all accessory to and customarily incidental
to the principal use, are permitted in yards, provided that a side yard strip 1
1/2 feet in width adjoining the sideline of the plot shall be unobstructed by
any structure or feature that is higher than two feet above the ground level,
except a fence. No fence shall be more than six feet in height in any side yard
or rear yard or more than three feet in height in any front yard.
e.
The following shall apply to decks located in yard setback areas:
1.
Decks up to 18 inches above the surrounding terrain as measured to the
top of the floor of the deck may:
i.
Extend into the required interior side yard a distance not to exceed
three feet.
ii.
Extend into the required front and rear yard a distance not to exceed
eight feet, but shall not in any case be nearer than 15 feet from the front or
rear property line.
2.
Decks higher than 18 inches above the surrounding terrain as measured to
the top of the floor of the deck may:
i.
Extend into the required front or rear yard a distance not to exceed six
feet, but in no case shall the deck be nearer than 15 feet to the front or rear
property line.
ii.
Extend into the required interior side yard a distance not to exceed
three feet.
3.
No deck may extend into the required exterior side yard on a corner lot.
However, where there is an existing entrance facing an interior side yard on a
corner lot, steps and landings may extend up to three feet into the exterior
side yard.
4.
No deck extending into a required yard setback area shall be covered from
above or along the sides with any materials that would restrict access or
visibility. A deck extending into a yard setback area shall not be used for
covered or uncovered storage.
f.
Openwork fire balconies and fire escapes may extend not more than 3 1/2
feet into a required yard or court.
g.
Chimneys and flues may extend not more than two feet into a required yard
or court.
h.
Temporary ramps for handicapped residents may be built in required yards,
but must be removed within 60 days after the handicapped ramp ceases to be
required.
(2)
Interior side yards. Subject to the limitations for features
projecting into front yards, such features may also project into required yards
adjoining interior side lot lines, provided that the distance shall not exceed
one-fifth of the required least width of such side yard and not more than three
feet in any case.
(c)
Exception for steep slopes. In any residence districts where the
natural grade of a lot within the required front yard has an average slope,
normal to the front lot line at every point along such line, of such a degree or
percent of slope that it is not practicable to provide a driveway with a grade
of 12 percent or less to a private garage conforming to the requirements of this
chapter, such garage may be located within such front yard, but not in any case
closer than 12 feet to the street line.
(Code
1980, § 11.10, subds. 8--10; Ord. No. 439, 2d, § 1, 11-27-95)
Not
more than one principal building shall be located on a lot in R-1 and R-2
residence districts, except as provided in division 15 of article III of this
chapter. In any district where there is to be located a unit group of
residential buildings, there shall be provided on the lot an unobstructed
accessway of not less than 30 feet wide from the street on which the lot fronts
to all principal buildings on the lot. For any unit group of residential
buildings, the lot frontage shall be not less than 100 feet. Open space between
buildings that are parallel or within 45 degrees of being parallel shall have a
minimum dimension of 20 feet for one-story buildings. For buildings greater than
one story, an additional one foot of open space per each foot of height is
required. There shall be no residential building on the same lot with another
building devoted to any principal use other than residential. Where there is
only one principal building, such building may contain mixed occupancies,
provided such occupancies are for uses permitted by the appropriate district
regulations.
(Code
1980, § 11.10, subd. 11)
A
private swimming pool shall include a pool, manmade pond or open tank not
located within a completely enclosed building and containing or normally capable
of containing water to a depth of at least 1 1/2 feet. No such swimming pool
shall be allowed in any district unless it complies with the requirements of the
state building code and the following conditions:
(1)
The pool, including any walks or paved areas or accessory structures
thereto, may not be located closer than five feet to any property line of the
property in which it is located.
(2)
The swimming pool or the entire property on which it is located shall be
so walled or fenced as to prevent uncontrolled access by children from the
street or adjacent properties.
(3)
The pool shall be screened by means of a masonry wall, board fence,
compact hedge, or other suitable vegetation of sufficient height so as to
generally obscure the view of the pool from the street and adjacent properties.
(Code
1980, § 11.10, subd. 12)
Temporary buildings that are used in conjunction with construction work only may be permitted in any z