CITY OF DILWORTH, MINNESOTA

Transcription

1 CITY OF DILWORTH, MINNESOTA ZONING ORDINANCE EFFECTIVE DATE: December 13, CODIFIED ORDINANCE/RESOLUTIONS: NO. ORDINANCE TITLE DATE/CODIFIED ORD NO Ordinance Establishing a Commission to Plan for Development of the City 12/13/2010 ORD NO Zoning Ordinance Amendment 12/13/2010 ORD NO Ordinance Amending the Dilworth Zoning Ord. (98-10) 12/13/2010 RES. NO Outdoor Patio Areas Smoking in Public Places 12/13/2010 ORD NO Zoning Ordinance Amendment, Wireless Communication 12/13/2010

2 TABLE OF CONTENTS ARTICLE 1: BASIC PROVISIONS Chapter 1... Purpose & Intent Chapter 2... Application of District Regulations ARTICLE 2: RULES & DEFINITIONS Chapter 3... Rules & Definitions ARTICLE 3: ADMINISTRATIVE Chapter 4... Administrative, Enforcement & Fees Chapter 5... Nonconforming lots, Uses & Structures Chapter 6...Conditional Use Permit Chapter 7...Rezone Requests & Ordinance Amendments Chapter 8... Variance Chapter 9...Decision Making Bodies & Appeals Chapter Zoning Districts, Dimensional Requirements & Permitted Uses ARTICLE 4: ZONING DISTRICTS, DIMENSIONAL REQUIREMENTS & PERMITTED USES Chapter Transitional Zone District (TZ) Chapter Single-Family & Limited Two-Family Residential District (R-1) Chapter 13...Single-Family & Two-Family Residential District (R-2) Chapter Limited Multiple Family Residential District (R-3) Chapter Multiple-Family District (R-4) Chapter 16...Manufactured Housing Residential (R-5) Chapter 17...Neighborhood Business District (C-1) Chapter 18...Central Business District (C-2) Chapter 19...General Business District (C-3) Chapter Light Industrial District (I-1) Chapter Heavy Industrial District (I-2) ARTICLE 5: SUPPLEMENTARY REGULATIONS Chapter 22...Off-Street Parking Requirements & Standards Chapter 23...Wind Energy Conversion Systems (WECS) Chapter Planned Unit Development (PUD) Chapter 25...Moving/Re-Location of Buildings Chapter 26...Signs Chapter Fences & Screening Chapter 28...Day Care Facilities Chapter 29...Regulation of Antennas & Wireless Communication Chapter General Yard, Lot Area & Building Regulations Chapter Accessory Structures, Uses & Equipment Chapter 32...Home Occupations Effective December 13, 2010 / Page 2

3 CHAPTER 1: PURPOSE & INTENT TITLE & EFFECTIVE DATE The official title of this Ordinance is the Zoning Ordinance of the City of Dilworth, Minnesota. This zoning ordinance shall become effective on December 13, 2010 and is referred to within this document as either the Zoning Ordinance or Ordinance. The City Council hereby expresses that neither this Zoning Ordinance, nor any decision under it, may be challenged on the basis of any alleged nonconformity with any other planning documents, including the Dilworth Comprehensive Plan dated February 1998 or Dilworth Growth Area Plan dated January PURPOSE This is an Ordinance for the purpose of promoting the public health, safety, and general welfare, and to implement the Comprehensive Plan. This is achieved by regulating the location and size of buildings and other structures; the percentage of each lot which may be occupied; the size of yards and other open spaces; the density and distribution of population; the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes; and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shore lands, flood control or other purposes, and establishing standards and procedures regulating such uses. As residential development is considered the cornerstone of development in the City, this Zoning Ordinance will ensure the availability of an ample supply of land to meet the diverse housing needs of all residents in a compact and orderly manner. As housing growth occurs, the opportunity for commercial and light industrial development must also be accommodated INTENT To protect the public such provisions are intended to provide for adequate light and air, safety from fire and other danger; prevent unhealthy concentrations of population; provide ample parking facilities; regulate the location and operation of businesses, industries, dwellings and buildings for other specified purposes; preserve and stabilize property values by providing for orderly and compatible development of the various land uses; provide for administration of the Ordinance; provide for amendments hereto; provide for official recording of the Ordinance and all amendments hereto INTERPRETATION In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare and to implement the Comprehensive Plan EXISTING LAW & CONFLICTING PROVISIONS A. GENERAL. This Zoning Ordinance is intended to compliment other local, state and federal regulations that affect zoning and land use. This Ordinance is not intended to revoke or repeal any other public law, ordinance, regulation or permit. However, where conditions, standards or requirements imposed by any provision of this Ordinance are either more or less restrictive than comparable standards imposed by other public law, ordinance or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the City of Dilworth, shall govern. B. PRIVATE AGREEMENTS. This Zoning Ordinance is not intended to revoke or repeal any easement, covenant or other private agreement. However, where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, then the requirements of this Ordinance shall govern. Regulations within this Ordinance shall not be construed to modify or repeal any private Effective December 13, 2010 / Page 3

4 CHAPTER 1: PURPOSE & INTENT SECTION 1.060, SEVERABILITY covenant, deed restriction or agreement; however, such private covenant, restriction or agreement shall not provide a means to avoid compliance with this Ordinance. The City of Dilworth is not obligated in any manner to enforce or administer provisions established within private covenants, agreements or restrictions SEVERABILITY A. If any section or provision of this Ordinance is declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part, thereof, other than the part so declared to be unconstitutional or invalid. B. If any court of competent jurisdiction invalidates the application of any provision of this Zoning Ordinance, then such judgment shall not affect the application of that provision to any other building, structure or use not specifically included in that judgment. C. If any court of competent jurisdiction invalidates any condition attached to the approval of a development application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment REPEAL OF CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict with this Zoning Ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect RELATION TO THE ADOPTED COMPREHENSIVE PLAN Enforcement, amendment, and administration of this Ordinance will be accomplished with due consideration of the recommendations contained in the Comprehensive Plan for the City of Dilworth, Minnesota, as adopted and periodically amended by the Planning Commission and City Council. The City Council recognizes the Comprehensive Plan as the principle guidance for regulating land use and development in accordance with the policies and purpose set forth in this Ordinance AUTHORITY This Ordinance is enacted pursuant to authority granted by the Municipal Planning Act, Minnesota Statutes, Section Section Effective December 13, 2010 / Page 4

5 CHAPTER 2: APPLICATION OF DISTRICT REGULATIONS RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES A. ZONING MAP. Zoning districts are identified on the Official Zoning Map for the City of Dilworth. The district designations are established within this Ordinance and are duly coordinated with boundaries as shown on the Official Zoning Map. In the event of uncertainty regarding the exact boundaries of a district, the following rules shall apply: 1) Streets: Boundaries indicated that approximately follow the center lines of streets, highways or alleys shall be construed to follow such center lines; 2) Lot Lines: Boundaries indicated that approximately follow platted lot lines, property lines, section lines or other surveyed boundaries shall be construed to follow such lines; 3) City Limits: Boundaries indicated that approximately follow city limits shall be construed to follow city limits; 4) Railroads: Boundaries indicated as following railroad tracks shall be construed to be midway between the main tracks; 5) County Drains: Boundaries indicated that approximately follow the center lines of county drains or other bodies of water shall be construed to follow such center lines; 6) Extensions: Boundaries indicated as parallel to, or extensions of, features indicated in 1-5 above shall be construed accordingly. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map or field survey; 7) Vacated Right-of-Way (ROW) or Public Easement: Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoned district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all included in the vacation shall then, and henceforth, be subject to all regulations of the extended districts COMPLIANCE REQUIRED A. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, converted, enlarged, constructed, reconstructed, moved, or structurally altered, and no land shall be used for any purpose nor in any manner, unless in conformity with all of the regulations herein specified for the district in which it is located and without a permit being issued when required by this Ordinance. B. No lot of record (platted property) that did not exist on the effective date of this Ordinance shall be created, by subdivision, deed or otherwise, that does not conform to the applicable requirements of this Zoning Ordinance and any other subdivision regulations or other provisions as established by the City of Dilworth. Additionally, no lot shall be reduced in size or otherwise altered below the minimum requirements set forth within this Ordinance. C. Any permit issued by the City that directly violates any provision within this code, whether erroneously issued or not, is deemed void. Effective December 13, 2010 / Page 5

6 CHAPTER 2: APPLICATION OF DISTRICT REGULATIONS SECTION 2.030, TERRITORIAL APPLICABILITY TERRITORIAL APPLICABILITY As of the effective date of this Ordinance, the use of all land and every structure within the incorporated limits of the City of Dilworth shall be subject to the provisions within this Ordinance. Additionally, any properties identified within the 2 mile extraterritorial limits of the city, joint powers agreements and/or orderly annexation agreements may be subject to regulations established within this Ordinance or subdivision regulations as adopted by the City of Dilworth CLASSIFICATION OF USES NOT DEFINED WITHIN DISTRICT(S) If a certain use is not specifically permitted within a zone district, the use shall be considered prohibited. Any use not specifically identified or permitted within a district may be reviewed by the City Administrator for compliance/compatibility with zoning districts and/or applicability of conditional use regulations. In certain cases, the Council or the Planning Commission, on their own initiative or upon request of the City Administrator or applicant, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and also the determination of conditions and standards relating to the development of the use. This review process may also require processing pursuant to provisions for Conditional Uses as set forth within Chapter 6. The Council, Planning Commission, or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to this Ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development in the City ZONING UPON ANNEXATION All territory which may hereafter be annexed to the City shall be considered to be zoned Transition Zone (TZ) until such time as the zoning designation is changed by action of the City Council OFFICIAL ZONING MAP According to the provisions of this Ordinance, the City is hereby divided into districts as shown on the Official Zoning Map, which together with all related and supporting information is hereby adopted by reference and declared to be part of this Zoning Ordinance. The Official Zoning Map shall be posted and made available for examination at the Dilworth City Hall. The Official Zoning Map shall be the final authority as to the current zoning status of land, buildings, and other structures located in the city. It shall be the responsibility of the Zoning Officer to maintain and update the Official Zoning Map and to record each amendment thereto within thirty (30) days after the official publication of an ordinance approving an amendment. No unauthorized changes shall be made to the Official Zoning Map or information shown thereon except in conformity with the procedures set forth in this Ordinance. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Administrator, and bearing the seal of the City of Dilworth under the following words: This is the Official Zoning Map of the City of Dilworth, Minnesota, together with the date of adoption of this Ordinance. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning map. The new Map may correct drafting errors or omissions which may have appeared in the prior Map, but such corrections shall not have the effect of amending or changing the original Zoning Ordinance or any subsequent amendment. Effective December 13, 2010 / Page 6

7 CHAPTER 3: RULES & DEFINITIONS RULES For the purpose of this Ordinance, certain words and terms used herein shall be interpreted as follows: A. The word person includes an owner or representative of the owner, firm, association, organization, partnership, trust, company or corporation as well as an individual. B. The present tense includes the future tense, the singular includes the plural and the plural includes the singular. C. The word shall is mandatory; the word may is permissive DEFINITIONS Wherever the following words and terms occur in this Ordinance they shall be interpreted as herein defined: Abutting: Making contact with another property Accessory Building or Use: A building or use which, at minimum, meets the following: (1) is subordinate to and serves an existing principle building or principle use; (2) is subordinate in area, extent or purpose to the principal building or use; and (3) is located on the same legal lot, parcel or property as the principle use. Examples of accessory uses are private garages, carports (shall be considered temporary accessory buildings/uses), storage sheds, play houses and swimming pools. For additional requirements on Accessory Buildings and Accessory Uses, see Chapter 31 or district specific regulations. Accessory Dwelling Unit: A dwelling unit either attached to a single-family principle dwelling unit or located on the same lot and having an independent means of access. Addition: A physical enlargement of an existing structure. Adult Entertainment: Any establishment in which an adult use comprises more than twenty percent (20%) of the floor area of the establishment in which it is located, or more than twenty percent (20%) of the gross receipts in any month for the entire business operation, or any business that engages in any adult use, which may include, but not limited to: body painting studios, bookstores, cabaret, car wash, companion establishment, massage parlor, health clubs, mini-motion picture theater, modeling studio, motion picture arcade, motion picture theater, novelty business, sauna, bathhouse facility or other uses that relate to sexual oriented activities. Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Alley: A public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principle frontage is on the street. Amusement Park: The permanent use for the purpose of providing a variety of amusement facilities to the public for compensation either in the form of admission fees and/or fees for use of separate amusement facilities. Effective December 13, 2010 / Page 7

8 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Animal Shelter: Any lot or premises, not a kennel, in which strayed or abandoned animals are cared for on a temporary basis until claimed, adopted or euthanized. Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and omnidirectional antennas, such as whip antennas. Apartment: A portion of a building consisting of a room or suite of rooms which is designed for, intended for, or used as a residence by a single family or an individual, and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. Apartment Building: Three (3) or more dwelling units or apartments grouped in one building. Applicant: The owner, their agent or person having legal control, ownership and/or interest in land for whom the provisions of this ordinance are being considered or reviewed. Assisted Living Facility: A facility which offers a service or package of services pursuant to Minnesota Statutes 144G that meets the minimum requirements set forth within Minnesota Statutes 144G.03. These services may include assistance with self-administration of medication, assistance with daily living activities (bathing, grooming, dressing, eating, transferring, continence care or toileting), 24 hour access to health professionals and other specific requirements established under law. Automobile Service Station: An area used for retail sales of gasoline, other fuels, automobile accessories and incidental services. Incidental services include minor repairs, the replacement of parts, motor services to passenger automobiles and one-stall car washes provided they accommodate at least three (3) stacking spaces for cars. Automobile or Motor Vehicle Repair (Minor): Minor repairs, incidental body and fender work, replacement of parts or any work to passenger automobiles not exceeding 12,000 pounds gross weight, but not including any operation specified under Automobile Repair (Major). Motor vehicles not licensed/registered to a patron of the business shall not remain on the premises for more than thirty (30) days. See Salvage Yard for additional information. Automobile Repair (Major): Repairs that include rebuilding/reconditioning engines, frame or fender straightening/repair, collision services, overall automobile paint services and any service provided under Automobile or Motor Vehicle Repair (Minor). See Salvage Yard for additional information. Motor vehicles not licensed/registered to a patron of the business shall not remain on the premises for more than thirty (30) days. See Salvage Yard for additional information. Automobile Sales & Rentals: An establishment engaged in the display, sale, leasing or rental of new or used motor vehicles. Vehicles included, but not limited to: automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, personal watercraft, utility trailers, all-terrain vehicles and mobile/manufactured homes. Basement: That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less that the vertical distance from grade to ceiling. See Cellar and Story. Bay: Cantilevered area of a room. Effective December 13, 2010 / Page 8

9 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Bed and Breakfast Establishment: A single family dwelling in which 4 or fewer transient guest rooms are rented on a nightly basis for periods of time less than a week and where at least one meal is offered in connection with the provision of sleeping accommodations only. Board of Adjustment: The local body appointed by the City Council of Dilworth, whose responsibility is set forth within Chapter 9 of this Ordinance. Boarder: One who receives regular meals and/or regular meals and lodging for pay. Boarding (House) Home-Foster Children: A family dwelling where parental care is provided by a family for children not related by blood or legal ties. Boarding (Lodging) House: A building other than a hotel where, for compensation and by prearrangement for definite periods meals and/or lodging are provided to 3 or more persons, not of the principle family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than 10 persons. Boundary Lines: Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use districts as shown on the City s Zoning Map. Buffer: The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or partially screen a use or property from the vision of another use or property. Buildable Area: The space remaining on a lot after the minimum setback and open space requirements of this Ordinance have been met and minus any easements covering the remaining space. Building: Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind, and includes any structure. Building Code: The building code adopted by the State of Minnesota. Building Height: The vertical distance measured from: A. The elevation of the highest adjoining sidewalk or ground surface within a 5 foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade; or B. An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in A of this definition, is more than ten (10) feet above the lowest grade up to the highest point of the parapet surrounding a flat surface of a flat roof with a parapet less than one foot in height, to the deck lines of a mansard roof, or to the mean height level between eaves and ridge of a gable, hip or gambrel roof. C. The height of a stepped or terrace building is the maximum height of any segment of the building. Building Line: A line parallel to the street right-of-way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way. Building Official: Representatives of the City who have been appointed by the City Council and/or assigned the responsibility of enforcing provisions of this Ordinance. Effective December 13, 2010 / Page 9

10 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Building Line: A line parallel to the street right-of-way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way. Building Official: Representatives of the City who have been appointed by the City Council and/or assigned the responsibility of enforcing provisions of this Ordinance. Building Setback: The minimum horizontal distance between the building and the lot line. Business: Any establishment, occupation, employment or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation. Campground: An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. Carport: A canopy supported by posts either ornamental or solid and completely open on one or more sides. Cellar: That portion of a building between the floor and ceiling which is wholly or partly below grade and is so located that the vertical distance from grade to the floor is equal or greater than the vertical distance from grade to ceiling. Cemetery: A site or property set apart for the burial or interment of the dead. Certified Massage Therapist: An individual or person over the age of eighteen (18) who practices or administers massage and has completed a course of study at a school of massage that is approved by the American Massage Therapy Association and is a member of the American Massage Therapy Association. Channel: A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically. Child Care Center: A facility licensed by the Department of Human Services under Minnesota Administrative Rules, part 9503 and Minnesota Statutes 245A in which children receive care, maintenance and supervision for less than twenty four (24) hours per day (see permitted use chart). Church: A building, together with its accessory buildings and used, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. City: City of Dilworth. City Council: City Council of Dilworth, Minnesota. Clinic: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. Club or Lodge: A nonprofit association of persons who are bona fide members paying annual dues, with the use of the premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining space and kitchen facilities are available. Effective December 13, 2010 / Page 10

11 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Cluster Development: The development patterns and technique whereby structures are arranged in closely related groups to make the most efficient use of the land as accomplished through a planned unit development. Commercial Recreation: Bowling alley, cart track, jump center, golf, billiards (pool) hall, vehicle racing or amusement, dance hall, skating, trampoline, fire arms range, boat rental, amusement rides, campgrounds, park and similar uses. Commercial Wireless Telecommunication Services: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Common Open Space: Any open space including private parks, nature areas, playgrounds, trails, and recreational buildings and structures, which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit. Comprehensive Plan: Unless otherwise stated, it is the general plan for land use, housing, transportation and community facilities prepared and maintained by the City Council for the municipality. Concept Plan: A report in map and text form submitted as the first phase of a Planned Unit Development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationships between site elements and between the proposed development, proposed general schedule of development and information on the applicant. Conditional Use: A use other than those permitted which must meet certain conditions to insure compatibility with the land uses in a district before such a use may be approved and permitted with the City Council. Conditional Use Permit: A permit issued by the City Council in accordance with procedures specified in this Ordinance, as a flexibility device to enable the City Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents. Concept Plan: A report in map and text form submitted as the first phase of a Planned Unit Development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationships between site elements and between the proposed development, proposed general schedule of development and information on the applicant. Condominium: A development or a structure housing two or more dwelling units which are individually owned and which have jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes, Section 515.A1-101 to 515.A Cooperative (Housing): A multiple-family dwelling owned and maintained by the residents and subject to the provisions of Minnesota Statutes and The entire structure and real property are under common ownership as contrasted to a condominium dwelling where individual units are under separate individual ownership. Effective December 13, 2010 / Page 11

12 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Court: An unoccupied open space other than a yard which is bounded on three (3) or more sides by the walls of buildings. Curb Level: The elevation of the established curb in front of a building measured at the center of such front. Where no curb has been established, the City Engineer shall determine a curb level or its equivalent for the purposes of this Ordinance. Day Care: A residence licensed by the Department of Human Services under Minnesota Administrative Rules, part 9502 and Minnesota Statutes 245A in which children/adults receive care, maintenance and supervision for less than twenty four (24) hours per day (see district permitted use chart(s). Minnesota Administrative Rules, part 9502 is inclusive of family day care (Subp. 11), group family day care (Subp. 13) and Minnesota Statutes (245A.02) is inclusive of adult day care or family adult care services (Subd. 2A). Density, Residential: A number expressing the relationship of the number of dwellings to an acre of land. Diversion: A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream. Draining: The removal of surface water or groundwater from land. Dredging: To enlarge or clean out a waterbody, watercourse, or wetland. Drive-In-Restaurant: Any place or premises used for sale, dispensing or serving of food, refreshments, or beverages on the premises, typically in the customer s vehicle, however, including those establishments where customers may consume food and beverages on the premises. Dwelling: A building or portion thereof, designated exclusively for residential occupancy, including onefamily, two-family, and multiple-family dwellings, but not including hotels, motels or boarding houses. Dwelling, Multiple-Family: A residence designed for or occupied by two (2) or more families living independently of each other, with separate housekeeping and cooking facilities for each unit. Dwelling, Single-Family: A residence designed for or occupied by one (1) family only. Dwelling, Two-Family: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. This would include single-family homes with an apartment in the basement. A two family dwelling (duplex) with a rooming unit(s) shall be considered and classified as a multi-family dwelling. Dwelling Unit: A residential building or portion thereof intended for occupancy by one (1) or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers. Dwelling Unit, Efficiency: Any one room unit having cooking facilities and used for combined living, dining, and sleeping purposes. Dwelling Unit Occupancy: Occupancy of a dwelling unit for the purpose of enforcing provisions of this Ordinance shall be limited by restrictions as included in the definition of this Ordinance. Effective December 13, 2010 / Page 12

13 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Earth Sheltered Building: A building so constructed that fifty percent (50%) or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of the livable space in residential units and of useable space in nonresidential buildings. An earth sheltered building is a complete structure that does not serve just as a foundation or substructure for above grade construction. A partially completed building shall not be considered earth sheltered. Easement: A grant by an owner of land for a specific use by persons other than the owner. Elderly (Senior Citizen) Housing: A multiple dwelling built with open occupancy limited to persons over sixty (60) years of age, or where not more than ten (10%) of the occupants may be persons under the age of sixty (60). Engineer of City or City Engineer: The registered engineer employed or retained by the City, unless otherwise stated. Erosion: The wearing away of land surface by the action of natural elements. Essential Services: The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead communication, gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Essential Service Structures: Structures and buildings necessary for the operation of essential services, including but not limited to: telephone buildings, telephone booths, gas regulator stations, substations, electrical stations, water tanks and lift stations. Exterior Storage: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. Family: An individual or two (2) or more persons related by blood, marriage, adoption or a group of not more than four (4) persons who need not be related by blood or marriage living together in a dwelling unit. Farm: An unplatted tract of land having one quarter-quarter section containing ten acres or more, or two or more abutting parcels under the same ownership having an area of approximately ten acres, measured from the centerline of abutting roads, for purposes of residential density usually with a house and barn and other buildings on which crops and often livestock are raised for a source of livelihood. Farm; Hobby: An unplatted of land generally consisting of ten (10) or less acres in size with a house and accessory buildings on which crops and often livestock are raised but not as a principal source of income. A hobby farm shall not qualify for exemptions provided in this Ordinance for farms. Farming: Process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings, related to operating the farm, and keeping of common domestic farm animals. Farmstead: A dwelling unit surrounded by or connected to farm buildings, all under single ownership. Effective December 13, 2010 / Page 13

14 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Feedlot, Commercial: The place of confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes in yards, lots, pens, buildings, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals. Fence: A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure. Filling: The act of depositing any rock, soil gravel, sand or other material so as to fill a waterbody, watercourse or wetland. Flood Related: A. Equal Degree of Encroachment: Method of determining the location of encroachment lines so that the hydraulic capacity of floodplain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to floodplain encroachments. B. FEMA: Federal Emergency Management Agency C. Flood: A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. D. Flood Frequency: The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equally or exceeded. E. Flood Fringe: 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. F. Flood Hazard Areas: The areas included in the floodway and flood fringe as indicated on the official Zoning Map and the Flood Insurance Study and Flood Insurance Rate Map which have been officially adopted by the City. G. Flood Insurance Rate Map: The Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the City. H. Flood Insurance Study: The Flood Insurance Study prepared for the City by the Federal Emergency Management Agency and dated May 19, 1981, and, as applicable and allowed by law, the Flood Insurance Study prepared by the Federal Emergency Management Agency for the County of Clay and dated April 16, I. Flood Plain: The areas adjoining a watercourse which has been or hereafter may be covered by the 100-year flood as determined by the use of the 100-year flood profile and other supporting technical data in the Flood Insurance Study. J. Floodproofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area in accordance with the Minnesota State Building Code. K. Floodway: The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood determined by the use Effective December 13, 2010 / Page 14

15 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS of the 100-year flood profile and other supporting technical data in the Flood Insurance Study. L. Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse of regulatory flood hazard area which might impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. M. 100-Year Flood: A flood which is representative of a large regional flood known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval as determined by the use of the 100-year flood profile and other supporting technical data in the Flood Insurance Study. N. Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by the natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. O. Regulatory Flood Projection Elevation: A point not less than one foot above the water surface profile associated with the 100-year flood as determined by the use of the 100-year flood profile and supporting technical data from the Flood Insurance Study plus any increase in flood height attributed to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. Floor Area, Gross: The sum of the gross horizontal area of all the floors of a building utilized for principal and accessory uses. Garage, Private: An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles and noncommercial trucks not exceeding twelve thousand pounds gross weight, of the family or families residing upon the premises, and which no business service or industry is carried on except for home occupations. Garage, Storage: Any premises, except those described as a private or public garage, used exclusively for the storage of motor vehicles. Grade (Adjacent Ground Elevation): The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and the line five (5) feet from the building. Grading: Changing the natural or existing topography of land. Group Home: See Residential Program definition for additional information. Guest Room: A room occupied by one or more guests for compensation and in which no provision is made for cooking, but not including rooms in a dormitory for sleeping purposes primarily. Halfway House: See Residential Program definition for additional information. Effective December 13, 2010 / Page 15

16 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Health Club: A facility which provides athletic activities such as tennis, handball, racquetball, track, basketball, exercise devises, etc. and such incidental services as whirlpool, sauna or massage services for members and guests. Home Occupation: Any occupation or profession engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises. Hotel: Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guest rooms, used, designated, or intended to be used, let or hired out to be occupied, or which are occupied by 6 or more individuals for compensation, whether the compensation be paid directly or indirectly. Housing Shelter-Temporary Housing: A facility operated by the public or a nonprofit charitable group or institution which provides one or more transient/homeless persons with lodging and meals for short periods of time in a place other that a person s own home. Impervious Surface: An artificial or natural surface through which water, air or roots can not penetrate. Kennel: Any lot, premises, dwelling or dwelling unit in which four or more dogs over the age of six (6) months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit. Kennel shall also include the commercial boarding of any permitted animal in the City other than at pet shops, veterinary clinics or animal shelters. Landscaping: Planting, such as trees, flowers, grass, shrubs, and may include the reshaping of the land by moving earth or other physical improvements. Livestock: Any animals, poultry or other fowl except dogs, cats and birds owned by the resident of the premises and kept as pets but not for commercial sale except incidental to their character as pets. Loading Space: A space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. Lodging Room: A room rented as a sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one lodging room. Lot: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area; and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street. Lot Area: The total horizontal area within the lot lines, exclusive of any portion of the right-of-way of any public roadway. Lot, Base: Lots meeting all specifications in the zoning district prior to being subdivided into a twofamily dwelling. Effective December 13, 2010 / Page 16

17 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Lot Coverage: Those areas covered by principal buildings, accessory buildings, and garages but does not include areas used for walkways, access drives, parking spaces, open patios, swimming pools, tennis courts, and landscaping elements. Lot Depth: Lot depths shall be considered to be the distance between the midpoint 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. Lot, Front: The front of a lot shall be considered to be that boundary abutting a public right-of-way having the least width. In a through lot where the lot abuts a limited access street, the front of the lot will be on the street opposite from the limited access street. Lot Improvement: Any building, structure, place, work of art or other object, or improvement of the land on which it is situated, a physical betterment of real property, or any part of such betterment. Lot Line: A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way. Lot Line, Front: That boundary of a lot which abuts an existing or dedicated public street. In the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the Building Official. Lot Line, Rear: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line of ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Lot Line, Side: Any boundary of a lot which is not a front lot line or rear lot line. Lot of Record: Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an auditor s outlot or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor s subdivision or registered land survey has been recorded in the Office of the Register of Deeds or Registrar of Ordinances for Clay County, Minnesota, prior to the effective date of this Ordinance. Lot, Substandard: A lot or parcel of land for which a deed has been recorded in the Office of the Clay County Recorder upon or prior to the effective date of this Ordinance which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Ordinance. Lot Unit: Lots created from the subdivision of a two-family dwelling having different minimum lot size requirements than the conventional base lots within the zoning district. Lot Width: The distance between the side lot lines, measured along the setback line as established by this Ordinance, or if no setback line is established, the distance between the side lot lines along the measured street line. Manufactured Building: A manufactured building (or prefabricated structure) is any structure manufactured in accordance with the requirements of the Minnesota Prefabricated Structures and Manufactured Building Code promulgated in accordance with Minnesota Statutes Section and 16B.61 (State Building Code) Effective December 13, 2010 / Page 17

18 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Manufactured Home: A structure, transportable in one or more sections, which in the traveling mode is 8 feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and included 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 filed a certification required by the Secretary of the United Stated Department of Housing and Urban Development and complies with the standards established under this Ordinance. In Floodway and Flood Fringe Overlay Districts, a manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Furthermore, in Floodway and Flood Fringe Overlay Districts for floodplain management purposes, the term manufactured home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. See Mobile Home Manufactured Housing: A factory-built, single-family, detached housing unit that is manufactured according to the National Manufactured Housing Construction and Safety Standards Act of 1974 and shall include manufactured homes or mobile homes. Manufactured Home Lot: A section of ground in a manufactured home park designated as the location of one housing unit, and all other necessary improvements required by this Ordinance. Manufactured Home Park: Any park, court, lot, parcel, or tract of land, designed, improved, maintained or intended for the purpose of supplying a location for manufactured home units or upon which any manufactured homes are parked. It shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the manufactured home park or not. Also referred to as mobile home park or trailer park. Massage: The rubbing, stroking, kneading, tapping, or rolling of the body with the hands for the exclusive purpose of relaxation, physical fitness, or beautification and for no other purposes. It is administered, for a fee, by a certified massage therapist. Massage Parlor: A place where the practice of massage is carried out. Medical and Dental Clinics: A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available. Metes and Bounds Description: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by describing lines or portions thereof. Mobile Home: Any type of potentially mobile structure which is designed constructed and equipped for use as a single-family dwelling unit suitable for year-round occupancy, not drawn by its own power, but with its own permanently attached metal frame undercarriage to which wheels may be attached. Mobile Home Park: A site, lot, or tract of land under single ownership which harbors mobile homes and any building, structure, or enclosure used or intended for use as part of the equipment of such mobile park. See Manufactured Home Park definition for additional information. Effective December 13, 2010 / Page 18

19 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Mobile Home Stand: That part of an individual mobile home lot which has been reserved for placement of the mobile home, appurtenant structures, or addition. Motel/Motor Hotel: A building or group of detached, semi-detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located next to each unit, and used or intended to be used primarily for the accommodation of transient guests traveling by automobile. Motor Freight Terminal: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck. Nonconforming Structure, Use or Lot; Illegal: A building, structure, premise, lot or use unlawfully established and in violation of regulations applicable at the time of development or initiation. Nonconforming Structure, Use or Lot; Legal: A building, structure, premise, lot or use lawfully established prior to the adoption of this Ordinance or any amendment thereto which does not now conform with the applicable conditions or provisions of this Ordinance for the district in which the structure or use is located. Noxious matter or material: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well-being of individuals. Nursery, Landscape: A business growing and selling trees, flowering and decorative plants and shrubs. Nursing Home: A private building with facilities for the care of children, the aged, infirm, or a place of rest for those suffering bodily disorders, but not containing equipment for surgical care or for the treatment of disease or injury. The nursing home shall be licensed by the State Board of Health as provided for in Minnesota State Statutes. Occupancy: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Open Sales Lot: Land devoted to the display of goods for purchase, sale, rent, lease or trade where such goods are not enclosed within a building, and for the storage of the same prior to sale. Open Space: Any open area not covered by structures, but not limited to the following uses: required or established yard areas, parking areas, sidewalks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland and soils with severe limitation for development. Out-Patient Care: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital. Overburden: The earth, rock, and other minerals that lie above a natural deposit of mineral. Outlot: A lot remnant or parcel of land left over after platting, which is intended as open space or other future use, for which no building permit shall be issued. Effective December 13, 2010 / Page 19

20 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Owner: An individual, association, syndicate, partnership, corporation, trust or any other legal ownership interest in land buildings, structures, dwelling unit(s) or other property. Parcel: An individual lot or tract of land. Parking Space, Off-street: An off-street parking space as specified in the Off-Street Parking Requirements Section of this Ordinance. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. Party Wall: A common wall which divides two (2) independent structures by a fire wall. Performance Standard: Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings. Permitted Use: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such districts. Person: Any individual or legal entity. Planned Unit Development: Land under unified control to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. A planned development includes a program for the provisions, operations, and maintenance of such areas, facilities, and improvements as will be common use by some or all of the occupants of the planned development district, but which will not be provided, operated, or maintained at general public expense. Planning Commission or Planning Agency : The Dilworth Planning Commission. Pole Buildings: Any structure possessing the following characteristics: structural wood poles or timbers buried in ground on individual footings; metal wall coverings hung vertically of less than twenty-eight gauge. Such definition shall not include or apply to decks, sign supports, earth retention structures, playground equipment, electric utilities or any similar structure not covering or enclosing a specific area. Prefabricated Home: See Manufactured Home definition for additional information. Prefabricated Structure: See Manufactured Building definition for additional information. Principal Structure: The structure in which the primary use of the lot on which the structure is located is conducted. Principal Use: The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Effective December 13, 2010 / Page 20

21 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Protective Covenants: Contracts entered into between owners and holders of mortgages constituting a restriction on the use of property within a subdivision for the benefit of the property owners. Public: Pertaining to municipal, school district, county, state or other governmental units. Public Uses: Uses owned or operated by municipal, school districts, county, state or other governmental units. Public Waters: Any waters of the State which serve a beneficial public purpose, as defined in Minnesota Statutes 1974, Section , subdivision 6, not including, however, a lake, pond or flowage of less than 10 acres in size or a river stream having a total drainage area less than 2 square miles. In addition, bodies of water created by private users, where there was not previous shoreland (for a designated private use authorized by the Commissioner of Natural Resources) shall also not be considered public waters. The official determination of the size and physical limits of the drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds or flowage shall be the area listed in the Division of Waters, Soils and Minerals Bulletin 25, An Inventory of Minnesota Lakes, or in the event that lakes, ponds or flowage are not listed therein, official determination of size and physical limits shall be made by the Commissioner in cooperation with the City of Dilworth. Publication: Notice placed in the official City newspaper stating time, location and date of meeting and description of topic. Recreation Field or Building: An area of land, water or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theater, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this Ordinance. Recreational Vehicle: Manufactured homes less than thirty (30) feet in overall length, including those with telescope or fold down, chassis, mounted campers, house cars, motor homes, tent trailers, slip-incampers (those mounted in a pickup truck or similar vehicle), converted buses and converted vans used primarily for recreational purposes. Cars used for racing shall not be included within this definition. See Travel Trailer Recycling Facility: A facility in which recoverable resources, such as newspaper, glass, and metal are collected, separated and processed prior to shipment to others who will use those materials to manufacture new products. Residential Facility/Program: A program that provides twenty four (24) hour a day care, supervision, food, lodging, rehabilitation, training, education, habilitation or treatment outside a person s own home, including home and community services that are provided in or outside of a person s own home licensed under Minnesota Statutes Chapter 245. Restaurant: An establishment which serves food to be consumed primarily while seated at tables or booths within the building. Retail: The sale of items directly to the consumer. Retirement Home: A retirement facility for the elderly who are generally in good health and able to care for themselves. Such facilities are characterized as having separate dwelling units or sleeping rooms with Effective December 13, 2010 / Page 21

22 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS or without central eating facilities. Such facilities do not contain health facilities for the care of occupants. This definition shall include public housing for the elderly. Roomer: One who rents a room and eats meals elsewhere. Rooming House: Any dwelling in which more than three (3) persons either individually or as families are housed or lodged for hire, with or without meals. A boarding house or furnished room house shall be deemed a rooming house. Rooming Unit: A separate room providing minimum housing accommodations for a tenant with direct access to the outside or access through a hallway to an outside entrance, arranged primarily for sleeping and which may include a private bath but shall not include any kitchen equipment such as a sink or cooking device. Salvage Yard: A parcel where used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled; including, but not limited to: scrap iron, rubber, tires, lumber, parts, automobiles and automobile parts. Any parcel that contains two (2) or more vehicles, which for a period exceeding thirty (30) days have not been in operating condition and/or not licensed shall constitute evidence and classification of a salvage yard. Any motor vehicle, which for a period exceeding thirty (30) days is inoperable and/or not licensed, shall hereby be deemed a junk vehicle. Salvage yards do not include uses established entirely within closed buildings or sanitary landfills. Satellite Dish: A combination of 1) antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; 2) a low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; 3) a coaxial cable whose purpose is to carry the signals into the interior of the building. Satellite Dish Height: Shall mean the height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the tip of the foundation which supports the antenna. School: A building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations. Semi-public Use: Uses owned by private or private nonprofit organizations which are open to some, but not all of the public, such as denominational cemeteries, private schools, clubs, lodges, recreational facilities, churches, etc. Septic Sewer System: A septic sewer disposal system consists of: septic tank, absorption field of standard trenches or a dry well, house sewer and outlet sewer. In the septic tank, bacterial action breaks down sewage. Standard trenches or a dry well handles final disposal of liquid from the septic tank. The house sewer brings wastes to the tank and the outlet sewer carries sewage liquids (effluent) from the absorption field. Setback: The minimum horizontal distances between a structure and the property line nearest thereto. For purposes of earth shelter buildings only, above grade portions shall be used in determining setback requirements. Distances are to be measured from the most outwardly extended portion of the structure at ground level, except as provided herein after. Shopping Center: An integrated grouping of commercial stores, under single ownership or control. Effective December 13, 2010 / Page 22

23 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Sign: Any letter, word, symbol, device, poster, picture, statuary, reading matter of representation in the nature of an advertisement, announcement, message or visual communication whether painted, pasted, printed, affixed or constructed which is displayed outdoors for informational purposes. It shall include, but not be limited to, the following types and purposes of signs: advertising, area identification, business, directional, flashing, free-standing, illuminated, institutional, nameplate, pylon, rotating, swinging, temporary, portable and traffic control. Signs, Off-Site: A sign other than an on-site sign. Signs, On-Site: A sign relating in its subject matter to the premises on which it is located, or to the products, accommodations, service or activities on the premises. Not to include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. Site Plan: A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, utilities, landscaping and walkways, as related to a proposed development. Slope: Means the degree of deviation of a surface from the horizontal, usually expressed in percent of degrees. Solar Energy System: Any solar collector or other solar device or any structural design of a building whose primary purpose is to collect, convert and store solar energy for useful purposes including heating and cooling of buildings, domestic water heating, electric power generation and other energy using processes. Stacking Area: That area which allows for a line of automobiles in such instances as drive-up tellers and other vehicle service areas. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, including below ground portions of earth sheltered buildings, except that the topmost story shall be that portion of a building included between the uppermost surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, or unused underfloor space is more than 6 feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above such grade as defined herein at any point, such as basement or unused underfloor space shall be considered as a story. Street: A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated to the public for public use and which affords principal means of access to abutting property. Street Line: The right-of-way line of a street. Street Pavement: The wearing or exposed surface of a street or roadway used by vehicular traffic. Street Width: The shortest distance between the curb lines of a street. Structure: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures including buildings, manufactured homes, walls, fences, towers, antennas, swimming pools, billboards and poster panels. Effective December 13, 2010 / Page 23

24 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Structural Alteration: Any change, other than incidental repairs, which would prolong, or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations. Supply Yards: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. Surveyor: A land surveyor registered under Minnesota State laws. Swimming Pool: A structure designed to be used for swimming which has the capacity of 5000 gallons or more which has a depth of over 24 inches. Tower: Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. Town Houses: Structures housing two (2) or more dwelling units contiguous with each other only by the sharing of one common wall between units and occupying its own lot. Transportation Terminal: Taxi, air, train, bus and mass transit terminal and storage areas. Travel Trailer: Any vehicle or structure designed and used for human living quarters which meets all of the following qualifications. A. Is not used as the permanent residence of the owner or occupant; B. Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; C. Is towed or otherwise transported, by its own or by other motive power on the public streets or highways incidental to such recreational or vacation activity. The term trailer shall not include mobile home. The term trailer shall include, but not be limited to campers, camper tents, house trailers, camping trailers, travel trailers, tent trailers, motor homes, and any self-propelled vehicle constructed to provide living accommodations. Trailer Parks: A park, court, camp site, lot, parcel or tract of land designed, maintained, or intended for the purpose of supplying the location or accommodations for any trailers, as defined herein, and upon which said trailers are parked. The term trailer park shall include all buildings used or intended for use as a part of the equipment thereof whether a charge is made for the use of the park and its facilities or not. Trailer Park shall not include automobile, mobile home or trailer sales lots on which unoccupied trailers or mobile homes are parked for purposes of inspection and sale. Truck Stop: A motor fuel station devoted principally to the needs of trucks and which shall include eating and/or sleeping facilities. Usable Open Space: A required ground area or terrace area on a lot which is graded, developed, landscaped and equipped and intended and maintained for either active or passive recreation or both, available to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their Effective December 13, 2010 / Page 24

25 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS guests. Such areas shall be grassed and landscaped or covered only for recreational purpose. Roofs, driveways and parking areas shall not constitute usable open space. Use: The purpose or activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this Ordinance. Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for area, size of structure, size of yards, setback and side yard requirements, and parking requirements; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts. Veterinary Clinic: The uses concerned with the diagnosis, treatment, and care of animals, including animal or pet hospitals. Warehousing: The storage of materials or equipment within an enclosed building. Watershed: The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas. Wetlands: An area where water stands near, at or above the soil surface during a significant portion of most years, saturating the soil and supporting a predominately aquatic form of vegetation, and which may have the following characteristics: A. Vegetation belonging to the marsh (emergent aquatic), bog, fen, sedge meadow, shrubland, southern lowland forest (lowland hardwood), and northern lowland forest (conifer swamp) communities. (These communities correspond roughly to wetland types 1,2,3,4,6,7 and 8 described by the United States Fish and Wildlife Services, Circular 39, Wetlands of the U.S. 1956). B. Mineral soils with gley horizons or organic soils belonging to the Histosol order (peat and muck). C. Soil which is water logged or covered with water at least 3 months of the year. Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands, and such property, may be shallow waterbodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage, but would require drainage to be made arable. The edge of a wetland is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Wholesaling: The selling of goods, equipment and materials by bulk to another business that in turn sell to the final customer. Wind Energy Conversion System (WECS): Any device that is designed to convert wind power to another form of energy such as electricity, mechanical, or heat (also referred to as wind charger, wind turbine, or windmill). Effective December 13, 2010 / Page 25

26 CHAPTER 3: RULES & DEFINITIONS SECTION 3.020, DEFINITIONS Yard: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and the main building shall be used. Yard, Depth of: The mean horizontal distance between the line of a building and the lot line. Yard, Required: That distance specified in the yard requirements pertaining to setbacks. Setbacks and required yards are used interchangeably. Yard Type: A. Front Yard: The space extending between side lot lines from the front property line and the building setback line. B. Rear Yard: A space extending between the rear line of the principal structure and the rear line of the lot and extending the full width of the lot. C. Side Yard: A space between the building and the side line of the lot and extending from the lot line to the rear yard. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to the interior lot. In the case of the corner lots with reversed frontage, the yards remaining after the full and half-depth front yards have been established shall be considered to be side yards. 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. The inner side yard line of a required side yard shall be parallel to the straight line so established. Zero Lot Line: The reduction of side yard setback requirements to zero, permitting the placement of a structure near or adjacent to the side yard lot line. With zero lot line, no portion of the structure or accessory appurtenance shall project over the lot line, unless easements are provided. Zoning Administrator: The duly appointed officer charged with the administration and enforcement of this Ordinance. Zoning Amendment: A change authorized by the City either in the allowed use within a district or in the boundaries of the district. Zoning District: An area or areas of the City (as delineated on the Zoning Map) set aside for specific uses with specific regulations and provisions for use and development as defined by this Ordinance. Zoning District Overlay: A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations. Zoning District Underlying: All zoning districts except overlay zoning districts. Zoning Map: The map or maps incorporated into this Ordinance as part thereof, designating the zoning districts. Effective December 13, 2010 / Page 26

27 CHAPTER 4: ADMINISTRATIVE, ENFORCEMENT & FEES DESIGNATED BUILDING OFFICIAL The Building Official(s) designated by the City Council shall administer and enforce this Ordinance and may be provided with the assistance of other persons as authorized by the City Council. The Building Official reviews construction plans and inspects construction for compliance with the Building Code. If the building official finds that any of the provisions of this Ordinance are being violated, he/she shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it. The building official shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of the additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions ZONING ADMINISTRATOR The zoning administrator has authority granted by the City Council, and is responsible for enforcement, maintenance, and administration of the Zoning Ordinance. Specific duties include the following: A. Process applications for building permits and zoning certificates; B. Process applications for zoning changes, zoning amendments, conditional use permits; C. Process applications for variances; D. Update zoning map periodically to reflect zoning changes; E. Prepare findings of the Planning Commission and Board of Appeals to be submitted to the City Council ZONING CERTIFICATE A zoning certificate must be completed to ensure that all provisions of the Zoning Ordinance are met when the applicant proposes to construct a new structure, or to construct an expansion or addition to an existing structure, or to construct an accessory building of 120 square feet or larger (non temporary), or to move a structure onto a lot. When a building is to be moved, it must also comply with the provisions of Chapter 25 of this Ordinance. Zoning certificates are available upon request at the City Hall BUILDING PERMIT REQUIRED No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Building Official authorizing the action. No building permit shall be issued except in conformity with the provisions of this Ordinance ESTABLISHMENT OF FEES, CHARGES & EXPENSES The City Council shall establish, by resolution, a schedule of fees, charges, and expenses, and a collection procedure for rezoning applications, building permits, variances, conditional uses, appeals, planned unit developments, subdivisions and other matters pertaining to this Ordinance. The schedule of fees shall be available at the office of the Zoning Administrator, and Planning Department as appropriate and may be altered and amended only by the City Council. Effective December 13, 2010 / Page 27

28 CHAPTER 4: ADMINISTRATIVE, ENFORCEMENT & FEES SECTION 4.060, VIOLATIONS VIOLATIONS Violation of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements after written notice by the Zoning Administrator allowing reasonable time to comply, shall, upon conviction, thereof, be fined not more than $700 and costs of prosecution or imprisoned for not more than 90 days, or both. Each day such violation continues or occurs, constitutes a separate offense and may be prosecuted as such. The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City from taking such other lawful action, as is necessary, to prevent or remedy any violation APPLICATION FOR BUILDING PERMIT Application forms are available at City Hall. All applications for building permits shall be accompanied by plans in duplicate when required by the building official and properly signed zoning certificate from the Dilworth Zoning Administrator. Plans shall be drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required, including existing or proposed buildings or alterations; existing or proposed uses of structures and land; existing or proposed parking; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine the conformance with, and provide for the enforcement of, this Ordinance. One copy of the plans shall be returned to the applicant, after such copy has been marked either approved or unapproved and attested to same by the Zoning Administrator s signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Administrator EXPIRATION OF BUILDING PERMIT If the work described in any building permit has not begun within six (6) calendar months from the date of issuance, or such work described ceases for a period of six (6) calendar months, or is not completed within 24 months, said permit shall expire, unless otherwise extended pursuant to the adopted building code. The Building Official shall have the authority to cancel permits given written notice is provided to persons affected, together with notice that further work as described in the canceled permit shall not proceed unless, and until, a new building permit has been obtained CONSTRUCTION AND USE PURSUANT TO PLANS/PERMITS Building permits issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction which is inconsistent with the approved building permit shall be a violation of this Ordinance. Effective December 13, 2010 / Page 28

29 CHAPTER 5: NONCONFORMING LOTS, USES & STRUCTURES PURPOSE & INTENT It shall be deemed nonconforming when, within the districts established by this Ordinance or amendments that may later be adopted, there exists lots, structures and uses of land which where lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. This Ordinance permits these nonconformities to continue until they are removed, modified/altered (other than repair, replacement, restoration, maintenance or improvement activities) or otherwise terminated. Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses not permitted in the district; consistent with Minnesota Statute. Furthermore, this Ordinance does not recognize and/or allow expansion of a nonconforming use by ordinance pursuant to discretion authorized to municipalities within Minnesota Statute , subdv. 1e. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued to prior to the effective date of this Ordinance, provided however, that the entire building shall be completed according to such plans as filed within twenty-four (24) months from the date of issuance of said permit NONCONFORMING LOTS OF RECORD In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory building(s) may be erected on any single lot of record at the effective date of this Ordinance provided that it fronts on a public right-of-way and provided, further, that the width and area measurements are at least seventy-five (75%) of the minimum requirements of this Ordinance. This provision shall apply provided that side yards and front yard setbacks shall conform to the regulations for the district in which such lot is located NONCONFORMING USES OF LAND Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: A. GENERAL PROVISIONS. 1) No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied at the effective date of this ordinance; 2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel; 3) If any such nonconforming use of land ceases for any reason for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located NONCONFORMING STRUCTURES Where a lawful structure exists at the effective date of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, elevation or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: A. GENERAL PROVISIONS. Effective December 13, 2010 / Page 29

30 CHAPTER 5: NONCONFORMING LOTS, USES & STRUCTURES SECTION 5.040, NONCONFORMING STRUCTURES 1) No such structure may be enlarged, expanded or otherwise altered in a way that increases its nonconformity, non-inclusive of repair, replacement, restoration, maintenance or improvement activities as allowed under Minnesota State Statute , subdv. 1e; 2) Should such structure be destroyed by any means to an extent of more than fifty (50%) of its estimated market value at time of destruction, and no building permit has been applied for within 180 days of when the property was damaged, the municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body(ies); 2) Should such structure be moved for any reason, for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved; 3) When a nonconforming use is discontinued or abandoned for twelve (12) months, the nonconforming use shall not be resumed unless otherwise authorized under this Ordinance; 4) Nothing in this Ordinance shall be deemed to prevent the strengthening or restoration of a structure to a safe condition. Any structure or component thereof declared unsafe by any official charged with protecting the public s safety, shall be addressed by the owner in a timely manner NONCONFORMING USE OF LAND/STRUCTURES COMBINED If a lawful use of structures or structures and land in combination (hereinafter, use) exists at the effective date of this Ordinance that would not be allowed in the district under the terms of this Ordinance, that use may be continued so long as it remains otherwise lawful, subject to the following provisions: A. GENERAL PROVISIONS. 1) No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; non-inclusive of repair, replacement, restoration, maintenance or improvement activities as allowed under Minnesota State Statute , subdv. 1e; 2) A nonconforming use may be extended throughout any part of a building which was established, arranged or designed to accommodate such nonconforming use prior to the adoption of this Ordinance. No use shall be extended to occupy any land outside such building; 3) Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Adjustment, by making findings in the specific case, determine that the proposed use is equally or more appropriate within the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may impose such conditions as deemed necessary to protect the public s interest, in accordance with the provisions of this Ordinance; 4) Any nonconforming use which is replaced by a permitted or conditional use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed or re-established; 5) When a nonconforming use is discontinued or abandoned for twelve (12) months, the nonconforming use shall not be resumed unless otherwise authorized under this Ordinance; 6) Where nonconforming use status applies to a structure and premises in combination, continuing use of the land in a nonconforming manor shall not be permitted if the structure is removed or destroyed. Effective December 13, 2010 / Page 30

31 CHAPTER 5: NONCONFORMING LOTS, USES & STRUCTURES SECTION 5.060, APPLICABILITY OF VARIANCE OR CONDITIONAL USE PERMITS APPLICABILITY OF VARIANCE OR CONDITIONAL USE PERMITS If a conditional use permit has been granted as provided in this Ordinance, it shall not be deemed a nonconformity upon adoption of any future amendments or revisions, but shall continue to only operate under the authority granted within the conditional use permit. Upon expiration or termination of the conditional use permit, the property, use or structure shall be subject to all provisions within the Ordinance DISTRICT BOUNDARY CHANGES Wherever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing, therein, shall come into existence upon the change of district boundaries. Effective December 13, 2010 / Page 31

32 CHAPTER 6: CONDITIONAL USE PERMIT PURPOSE & INTENT The purpose of a conditional use permit is to provide a discretionary approval process, for proposed uses which have unique or widely varying operating characteristics. The procedure is intended to ensure that proposed conditional uses will not have a significant adverse impact on surrounding uses or on the general welfare, public health and safety of the community INITIATING A REQUEST The Planning Commission or City Council may, upon their own motion, initiate a conditional use permit request in accordance with the provisions of this Ordinance. Any person owning property, or having documented interest therein, may initiate a request for a conditional use permit for that property in conformance with the provisions of this Ordinance. The property owner or designated representative shall complete the required application for a conditional use permit which may be obtained from the Zoning Administrator FILING AN APPLICATION The application shall be filed with the Zoning Administrator who shall refer the application together with comments thereon to the Planning Commission. Such application shall be accompanied by a fee as established by a City Council resolution. The City, after receipt and review of the application, may request additional information from the applicant which it deems necessary for a proper review by the Planning Commission. The request for a conditional use permit shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting the same property shall not be considered again by the Planning Commission for at least one year from the date of its denial, except as follows: A. The Planning Commission determines that the circumstances surrounding the previous application have changed substantially; or B. The City Council directs the Planning Commission to reconsider the permit request by a vote of not less than a majority of all members of the City Council PUBLIC HEARING Upon receipt of an application for a conditional use permit, the Zoning Administrator shall set the time and date for a public hearing. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and a summary description of the request, published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of conditional use permits involving an area of 5 acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within 350 feet of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this Ordinance. Effective December 13, 2010 / Page 32

33 CHAPTER 6: CONDITIONAL USE PERMIT SECTION 6.050, CONSIDERATION OF REQUEST BY PC (CONDITIONAL USE PERMIT) CONSIDERATION OF REQUEST BY PLANNING COMMISSION Providing the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting. The Planning Commission shall formulate its recommendations and forward a report and recommended findings of fact to the City Council who shall consider the request at its next regular meeting.should the Planning Commission fail to provide a recommendation to the City Council, the applicant may appeal directly to the City Council for a decision. Failure of the Planning Commission to provide a recommendation to the City Council shall not invalidate the proceedings or actions of the City Council CONSIDERATION OF REQUEST BY CITY COUNCIL If, upon receiving the report and recommendation of the Planning Commission, the City Council finds inconsistencies in the review process, the City Council may refer the matter back to the Planning Commission for further consideration prior to making a final decision. The City Council shall have the option to set and hold a public hearing, if deemed necessary, and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the health, safety, and welfare. The City Council must take action on the application within sixty (60) days from the date an application is received and deemed complete by the city. An application for a conditional use permit may be granted by a majority vote of the Council. If the City council grants the conditional use permit, they may impose such conditions, as may be deemed necessary for, or appropriate to serve the purposes, of the Comprehensive Plan, the Zoning Ordinance, and to protect the public health, safety, and welfare ISSUANCE OF A PERMIT In the issuance of a conditional use permit, the Planning Commission, may for good reason, recommend approval and the City Council may approve a use that does not meet all the minimum standards and requirements of the zoned district. Any standards not met shall be so noted as part of the conditional use permit AMENDMENTS An amended conditional use permit shall be applied for in a manner similar to that required for a new conditional use permit. Amendments to conditional use permits shall require the submittal of an application and may include the following scenarios: (a) permit has expired; (b) permit has been previously denied; or (c) request for substantial changes in conditions or uses attached to the permit as previously approved. The Planning Commission may, upon formal review and with approval by all members present, authorize minor changes which may include, but not limited to the following: location, siting, heights of buildings or structures and increase in overall coverage of buildings and structures. However, no change authorized by this Section shall cause any of the following: A. A change in the use or character of the development; B. An increase in intensity of use (ie. gross density, net density or FAR); C. An increase in traffic generation (volumes, ADT s, etc); D. A modification to off-street parking and loading spaces; or E. A reduction in required pavement widths. Effective December 13, 2010 / Page 33

34 CHAPTER 6: CONDITIONAL USE PERMIT SECTION 6.090, CANCELLATION, TERMINATION OR EXPIRATION (CONDITIONAL USE PERMIT) CANCELLATION, TERMINATION OR EXPIRATION Where applicable, unless otherwise specified by the City Council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit within one (1) year from the date of its issuance APPEAL Any person, taxpayer, department, board, or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within forty-five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462 as such statute may be from time to time amended, supplemented, or replaced. Effective December 13, 2010 / Page 34

35 CHAPTER 7: REZONE REQUESTS & ORDINANCE AMENDMENTS \ PURPOSE & INTENT The regulations, restrictions, and zoning districts promulgated in this Ordinance may, from time to time, be amended, supplemented, changed, modified or repealed; provided that no action be taken until after a public hearing in relation thereto, at which parties with interest and citizens shall have an opportunity to be heard. These changes may be to the text, zoning map, or any other component of this Ordinance INITIATING A REQUEST The Planning Commission or City Council may, upon their own motion, initiate a zoning amendment request in accordance with the provisions of this Ordinance. Any person owning property, or having documented interest therein, may initiate a request for a zoning amendment for that property in conformance with the provisions of this Ordinance. The property owner or designated representative shall complete the required application for a zoning amendment which may be obtained from the Zoning Administrator FILING AN APPLICATION The application shall be filed with the Zoning Administrator who shall refer the application together with comments thereon to the Planning Commission. Such application shall be accompanied by a fee as established by a City Council resolution The Zoning Administrator, after receipt and review of the application, may request additional information from the applicant which is deemed necessary for a proper review by the Planning Commission. The request for a zoning amendment shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute. Whenever an application for a zoning amendment has been considered and denied by the City Council, a similar application for the zoning amendment affecting the same property shall not be considered again by the Planning Commission for at least one year from the date of its denial, except as follows: A. The Planning Commission determines that the circumstances surrounding the previous application have changed substantially; or B. The City Council, by a two-thirds (2/3) vote, directs the Planning Commission to reconsider the zoning amendment PUBLIC HEARING Upon receipt of an application for a zoning amendment, the Zoning Administrator shall set the time and date for a public hearing. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and/or a summary description of the request, and be published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of zoning amendments involving changes in district boundaries affecting an area of five (5) acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within 350 feet of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this Ordinance. Effective December 13, 2010 / Page 35

36 CHAPTER 7: REZONE REQUESTS & ORDINANCE AMENDMENTS SECTION 7.050, CONSIDERATION OF REQUEST BY PC (ZONING AMENDMENT) CONSIDERATION OF REQUEST BY PLANNING COMMISSION Providing the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting. The Planning Commission shall formulate its recommendations and forward a report and recommended findings of fact to the City Council who shall consider the request at its next regular meeting. Should the Planning Commission fail to provide a recommendation to the City Council, the applicant may appeal directly to the City Council for a decision. Failure of the Planning Commission to provide a recommendation to the City Council shall not invalidate the proceedings or actions of the City Council CONSIDERATION OF REQUEST BY CITY COUNCIL If, upon receiving the report and recommendation of the Planning Commission, the City Council finds inconsistencies in the review process, the City Council may refer the matter back to the Planning Commission for further consideration prior to making a final decision. The City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any conditions it considers necessary to protect the health, safety, and welfare. The City Council must take action on the zoning amendment request within sixty (60) days from the date an application is received and deemed complete by the city.. Approval of a proposed amendment shall require a two-thirds (2/3) vote of the City Council EFFECTIVE DATE The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in a newspaper of general circulation APPEALS Any person, taxpayer, department, board, or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within forty-five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462 as such statute may be from time to time amended, supplemented, or replaced. Effective December 13, 2010 / Page 36

37 CHAPTER 8: VARIANCES PURPOSE & INTENT The variance process is intended to provide limited relief from the requirements of this Ordinance in those circumstances where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance. It is not intended that variances be granted for the establishment or expansion of a use within a zone district where it is not permitted INITIATING A REQUEST Any person owning property, or having documented interest therein, may initiate a request for a variance for that property in conformance with the provisions of this Ordinance. The property owner or designated representative shall complete the required application for a variance which may be obtained from the Zoning Administrator FILING AN APPLICATION The property owner or designated representative shall complete the required application for a variance which may be obtained from the Zoning Administrator. Such application shall be accompanied by a fee as established by a City Council resolution. The application for a variance shall be filed with the Zoning Administrator. The Zoning Administrator, after review of the application, shall have the authority to request additional information from the applicant which is deemed necessary for a proper review by the Board of Adjustment. The request for a variance shall be placed on the agenda of the Board of Adjustment to occur no later than sixty (60) days from the date of submission. Variance requests for the same property, of similar intent, shall not be heard within six (6) months of a previous request unless it can be demonstrated to the Zoning Administrator that the conditions for the variance have changed PUBLIC HEARING Upon receipt of an application for a variance, the Zoning Administrator shall set the time and date for the public hearing. Notice of said hearing shall consist of a legal property description and a summary description of the request, published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of variances affecting an area of 5 acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within 350 feet of the property to which the variance relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this Ordinance CONSIDERATION OF REQUEST BY BOARD OF ADJUSTMENT The Board of Adjustment shall make findings of fact and shall decide whether to approve, conditionally approve or deny the request for variance within sixty (60) days from the date an application is received and deemed complete by the city. A variance to this Ordinance shall not be granted unless approved by a majority of the members of the Board of Adjustment. A variance from any provision(s) within this Ordinance shall not be granted unless the Board of Adjustment makes findings, based upon competent material and substantial evidence that the request complies with the following factors that must be satisfied in constituting an undue hardship: A. The property cannot be put to a reasonable use if used under conditions allowed by this Ordinance; Effective December 13, 2010 / Page 37

38 CHAPTER 8: VARIANCES SECTION 8.050, CONSIDERATION OF REQUEST BY BOA (VARIANCES) B. The plight of the landowner is due to circumstances unique to the property and not created by the landowner; and C. The variance, if granted, will not alter the essential character of locality CONDITIONS OF APPROVAL In authorizing a variance, the board may, in addition to the specific conditions of approval called for in this Ordinance, attach such other conditions regarding the location, character, landscaping, or treatment reasonably necessary to further the intent and spirit of this Ordinance and the protection of the public interest CANCELLATION, TERMINATION OR EXPIRATION Unless otherwise specified by the Board of Adjustment at the time it is authorized, a variance shall expire if the applicant fails to utilize such variance within one (1) year from the date of its issuance APPEALS To appeal a decision of the Board of Adjustment, a written notice of appeal must be filed with the City within forty-five (45) days of the decision of the Board of Adjustment. Appeals to the City Council and appeals from the City Council s decision shall be in accordance with the procedures for appeals from the Board of Adjustment set forth in Chapter 9 of this Ordinance. Any person, taxpayer, department, board, or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within forty-five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462 as such statute may be from time to time amended, supplemented, or replaced. Effective December 13, 2010 / Page 38

39 CHAPTER 9: DECISION MAKING BODIES & APPEALS PLANNING COMMISSION The Planning Commission is established pursuant to authority granted to the City under Minnesota Statutes. The Planning Commission shall have the review and recommendation authority as established in this Ordinance [Ord. 80-2]. A. MEMBERS & TERMS. The Planning Commission shall consist of no more than nine (9) voting members whom shall be appointed by the City Council. All members shall be bona fide residents of the City. Members of the Planning Commission shall serve in such capacity without compensation of any manner. The term of office shall be four (4) years. The City Council shall fill vacancies and may additionally remove members without cause by a 4/5 vote. The City Council shall appoint one voting member of the council and may additionally identify an alternative (duration to be consistent with his/her council term). Vacancies shall be filled for the unexpired term only and members may be appointed for successive terms without limitation. B. QUORUM & VOTING. A quorum of the Planning Commission shall consist of five members (5/9) of the regular membership. A quorum must exist before this board can take any official action on behalf of the City. All actions of the Planning Commission require a majority vote by a quorum of the board, unless otherwise set forth in this Ordinance. A member of the board may only be excused from voting on a particular issue if it has been determined that the member would have a conflict of interest or would be violating any codes of ethics. C. RECORDS. The City shall keep files, record and notice of all meetings; which shall be available for public inspection. D. CHAIRPERSON. The Planning Commission shall elect a chairperson from among its appointed members for the term of one (1) year, starting in January. E. MEETINGS. The Planning Commission shall hold at least one regular meeting each month, pending the availability of agenda items BOARD OF ADJUSTMENT/APPEALS The Board of Adjustment/Appeals is established pursuant to authority granted to the City under Minnesota Statutes. The Board of Adjustment/Appeals shall have the review and decision making authority as established in this Ordinance. A. MEMBERS & TERMS. The Board of Adjustment/Appeals shall consist of no more than four (4) voting members (two [2] Planning Commission Members and two [2] City Council Members) whom shall be appointed by the City Council. All members of the Board of Adjustment/Appeals shall be bona fide residents of the City. Members of the Board of Adjustment/Appeals shall serve in such capacity without compensation of any manner. The term of office shall be four (4) years or contemporaneous with council terms. The City Council shall fill vacancies and may additionally remove members without cause by 4/5 vote. Vacancies shall be filled for the unexpired term only and members may be appointed for successive terms without limitation. B. QUORUM & VOTING. A quorum of the Board of Adjustment/Appeals shall consist of three (3) members of the regular membership. A quorum must exist before this board can take any official action on behalf of the City. All actions of the Board of Adjustment/Appeals require a majority vote by a quorum of the board, unless otherwise set forth in this Ordinance. A member of the board may only be excused from voting on a particular issue if it has been determined that the member would have a conflict of interest or would be violating any codes of ethics. Effective December 13, 2010 / Page 39

40 CHAPTER 9: DECISION MAKING BODIES & APPEALS SECTION 9.020, BOARD OF ADJUSTMENT/APPEALS C. RECORDS. The City shall keep files, record and notice of all meetings; which shall be available for public inspection. D. CHAIRPERSON. The Board of Adjustment/Appeals shall elect a chairperson from among its appointed members for the term of one (1) year, starting in January. E. MEETINGS. The Board of Adjustment/Appeals shall meet as needed, based on the availability of agenda items APPEALS APPLICABILITY An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Ordinance. Opinions and evaluations as it pertains to the impact or result of a request are not subject to the appeal procedure PROCEEDINGS The Board of Adjustment/Appeals may adopt rules necessary to the conduct and processing of appeals, while maintaining consistency with the provisions of this Ordinance. Meetings shall be scheduled as determined necessary by the Zoning Administrator or Chairperson and shall be duly coordinated with Board of Adjustments/Appeals agenda s, as applicable FILING AN APPEAL Appeals forwarded to the Board of Adjustment/Appeals concerning interpretation or administration of this Ordinance must be filed with the City by the property owner or their agent within forty-five (45) days of the rendered decision. Any appeal filed shall be comprehensive and include all matters subject to question. Such appeals must be filed with the Zoning Administrator and shall specifically identify the framework of the appeal, including Ordinance citations, as applicable. The Zoning Administrator shall forthwith transmit to the Board of Adjustment/Appeals all papers constituting the record upon which the action appealed from was taken. Subsequent appeals filed by the same person which are intended to cause unjustifiable delay shall not be accepted by the City PUBLIC HEARING Upon receipt of an application for an appeal, the Zoning Administrator shall set the time and date for the public hearing. Notice of said hearing shall consist, at minimum, of a summary description of the request, published in a newspaper of general circulation at least ten (10) days prior to the hearing. Due notice shall be given to all property owners within a 350 foot radius of the affected property, if the application is applicable to a defined property or location within city limits. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding, as applicable. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this Ordinance STAY OF PROCEEDINGS (APPEALS) An appeal stays all proceedings in furtherance of the action being appealed unless it is certified to the Board of Adjustment/Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application to the City. Effective December 13, 2010 / Page 40

41 CHAPTER 9: DECISION MAKING BODIES & APPEALS SECTION 9.080, APPEALS PROCEDURE APPEALS PROCEDURE The procedure for making such an appeal shall be as follows: A. The property owner or their agent shall file with the City a written notice of appeal stating the specific grounds upon which the appeal is made. The person filing the appeal shall be given written notice of a hearing date and shall be able to appear and testify at such hearing. Such hearing shall be held within sixty (60) days of the filing of the appeal. B. The filing of an appeal shall be accompanied by a fee as provided for by City Council resolution which shall be consistent with any established fee for a Variance. C. The ruling appealed from shall stand unless a majority of all members of the Board of Adjustment/Appeals by resolution vote to overturn or modify the prior ruling within sixty (60) days of the hearing. D. The Board of Adjustment/Appeals shall make its decision by resolution within sixty (60) days of the hearing DECISIONS A. In exercising the above-mentioned powers, the Board of Adjustment/Appeals may, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such other requirement, decision, or determination, and to that end shall have powers of the Zoning Administrator from whom the appeal is taken. B. A copy of the decision of the Board of Adjustment/Appeals shall be served on the applicant by mail APPEALS FROM BOA/APPEALS OR CITY COUNCIL Any person, taxpayer, department, board or bureau of the City aggrieved by any decision of the Board of Adjustment/Appeals, shall have the right to seek review within forty-five (45) days of the decision with the City Council. An appeal must be filed, in writing, with the City Administrator within the forty-five (45)day period, and such written appeal shall set forth the decision appealed from and the date of that decision. Upon receiving a notice of appeal, the appeal shall be placed on the agenda of the next regular Council meeting to occur following at least fifteen (15) days from the receipt of the appeal. At that meeting the Council shall review the findings of facts and decision made by the Board of Adjustment/Appeals, as well as any documents that were furnished to the Board of Adjustment/Appeals on the matter. The Council may, but is not required to, allow the aggrieved party and the other persons to speak to the Council on the issue involved in the appeal. The City Council shall have the authority to uphold the decision of the Board of Adjustment/Appeals by passing a resolution adopting the findings of facts and decision of the Board of Adjustment/Appeals, or the Council, by a vote of a majority of all the members of the Council, may reverse or modify the decision of the Board of Adjustment/Appeals, in which case the City Council shall prepare its own findings of facts and decision on the matter appealed. In the absence of a resolution adopting the findings of the Board of Adjustment/Appeals or of a resolution reversing the decision of the Board of Adjustment/Appeals by a vote of a majority of all members of the Council within forty- five (45) days of the date of the initial consideration of the appeal at a Council meeting, the findings and decision of the Board of Adjustment/Appeals shall be deemed adopted by the City Council. Any person, taxpayer, department, board or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within thirty (30) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, chapter 462 as such statute may be, from time to time, amended, supplemented or replaced. Effective December 13, 2010 / Page 41

42 CHAPTER 9: DECISION MAKING BODIES & APPEALS SECTION 9.110, SPECIFIC RESPONSIBILITIES SPECIFIC RESPONSIBILITIES It is the intent of this Ordinance that all questions or interpretation and enforcement shall be first presented to the Zoning Administrator and that such questions shall be presented to the Board of Adjustment/Appeals only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Adjustment/Appeals shall be forwarded to the City Council and, if necessary, to the Courts as provided by law and particularly by Chapter 462, Minnesota Statutes. SUMMARY TABLE OF PROCEDURES (TABLE 9.1) PROCEDURE PLANNING & ZONING SECTION CITY COUNCIL PLANNING COMM. BOARD OF ADJUSTMENT CITY STAFF Code Interpretation A D ZONING CERTIFICATE Rezone D R-H R YES Zoning Amendment D R-H R YES PERMITS & APPROVALS Conditional Use Permit D R-H R YES Variance A-H D-H R Sign Permit (On-site & Off- Premise) A D YES Moving Permits D R-H R YES Moving Permits (accessory structures or single story garages outside the city limits) (A)(11) * A* D* YES Home Occupation A D * Pursuant to Section (A)(11) the Zoning Administrator retains the authority to forward any moving permit (including accessory structures or single story garages) through Planning Commission and City Council approval processes. See Section for additional information. As applicable, per Chapter 26 (Signs) of this Ordinance. R REVIEW (RESPONSIBLE FOR REVIEW AND/OR RECOMMENDATION) D DECISION (RESPONSIBLE FOR FINAL DECISION) H HEARING (PUBLIC HEARING REQUIRED) A APPEAL (AUTHORITY TO HEAR/DECIDE APPEALS) Effective December 13, 2010 / Page 42

43 CHAPTER 10: ZONING DISTRICTS, DIMENSIONAL REQUIREMENTS & PERMITTED USES ZONING DISTRICTS This chapter and the subsequent eleven chapters establish the eleven (11) zoning districts within the City of Dilworth and sets forth information pertaining to the districts, including: (a) statements of purpose; (b) dimensional standards and permitted uses. Land use regulations, building regulations and development standards set forth within this Ordinance shall be enforced uniformly within each district. Statements of Purpose: A. TRANSITIONAL ZONE (TZ). This district identifies land that is presently agricultural in use and will be limited to this specific use type until such time that development occurs. Prior to the development of this land or contemporaneous with any development application a rezoning process consistent with Chapter 7, shall be required. B. SINGLE FAMILY & LIMITED TWO-FAMILY DISTRICT (R-1). This district is established to provide predominantly single-family neighborhoods. C. SINGLE FAMILY & TWO-FAMILY DISTRICTS (R-2). This district is established to encompass and preserve primary residential neighborhoods. D. LIMITED MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-3). This district is established to provide an area where there will be a compatible variety in residential densities by limiting multiple-family dwellings to eight (8) units. The intent of the district is to provide appropriate transitions between single family residences, two-family residences and low density multiple-family residences. E. MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-4). This district is established to provide a place for high density residential development. Non-residential uses permitted in this district will be limited to those uses and buildings that will provide stability and dignity to the area as a residential neighborhood. F. MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5). This district is established to set aside an area within municipal limits for the exclusive use of manufactured home park(s) with certain restrictions to provide the residents in that district a safe, healthy environment. G. NEIGHBORHOOD BUSINESS DISTRICT (C-1). This district is established to provide an area for commercial development of a nature that is compatible and complementary with adjacent residential areas. H. CENTRAL BUSINESS DISTRICT (C-2). This district is established to provide a core area of services to the community of Dilworth. Services provided within this district should vary in use and extent. I. GENERAL BUSINESS DISTRICT (C-3). This district is established to provide the community and region with an area of commercial establishments that will provide a variety of goods and services. J. LIGHT INDUSTRIAL DISTRICT (I-1). This district is established to permit light industrial uses that are free from objectionable influence upon. adjacent urban development. K. HEAVY INDUSTRIAL DISTRICT (I-2). This district is established to provide an area that will accommodate industries not permitted in other districts. However, these uses should not endanger the health, safety or general welfare of the City or its residents ONING MAP Effective December 13, 2010 / Page 43

44 CHAPTER 11: TRANSITION ZONE (TZ) DISTRICT PURPOSE & INTENT The Transition Zone District is established primarily for those annexed unplatted areas within the City that have not been zoned for development and are undergoing a transition from, in most cases, agricultural to urban uses. The urban transition is contingent upon development plans, proper timing, availability of public utilities and services and compatibility with the City of Dilworth Comprehensive Land Use Plan. As these conditions for development are met, a more conventional urban zoning district will replace the Transition Zone District PERMITTED USES The following are permitted uses in the Transition Zone (TZ) District: A. RESIDENTIAL USES. 1) Single-family & Two-family Dwellings; 2) Day Care facilities; 3) Home Occupation. B. NON-RESIDENTIAL USES. 1) Farming (includes crop, trees, hobby farms, etc) and Agricultural related uses subject to MPCA standards, but not including livestock operations; 2) Home Occupation; 3) Essential Services; 4) Nurseries, greenhouses, landscape material operations including retail and wholesale operations; C. PUBLIC, INSTITUTIONAL AND CIVIC USES. 1) Open Space, athletic fields, parks and playgrounds CONDITIONAL USES The following are conditional uses in the Transition Zone (TZ) District: A. RESIDENTIAL USES. 1) Residential planned unit development, as regulated by Chapter 24; 2) Residential programs/facilities serving six (6) or fewer persons. B. NON-RESIDENTIAL USES. 1) Recreational areas which includes, but not limited to the following: golf courses, country clubs, swimming pools, ice arena/ice rink, driving range, and similar facilities provided that: i. The principle use, function or activity is recreational in character; ii. Not more than 40% of the land area shall be covered by buildings, structures or impervious surfaces; iii. When abutting a residential use and/or a residential use district, the property shall be screened and landscaped in compliance with Chapter 27 of this Ordinance. 2) Riding stables, dog kennels, animal hospitals (with overnight care) and similar uses/facilities provided that: Effective December 13, 2010 / Page 44

45 CHAPTER 11: TRANSITION ZONE (TZ) DISTRICT SECTION , CONDITIONAL USES i. Any building in which animals are kept, whether roofed, enclosed or otherwise sheltered, shall be located, at minimum, a distance of 300 feet from any lot line; ii. Animals shall, at minimum, be kept in a physically enclosed pen or corral of sufficient height and strength to retain such animals; iii. Compliance with Minnesota Pollution Control Agency Regulations SW 53.(2) as may be amended is obtained; iv. All other applicable state and local regulations pertaining to nuisance, heath and safety conditions are met. 3) Cemeteries, provided that: i. The site has direct vehicular access to a minor arterial street; ii. The site is landscaped in accordance with Chapter 30 of this Ordinance. 4) Farm buildings within 300 feet of an existing residence or residential platted lot. 5) Non-farm related open and outdoor storage as a principal or accessory use provided that: i. The area is fenced and screened from view of neighboring residential uses or districts per Chapter 27 of this Ordinance; ii. Storage is screened from view from the public right-of-way in compliance with Chapter 27 and 30 of this Ordinance; iii. Storage area(s) are sodded, seeded or otherwise altered with an appropriate surface treatment to control dust; iv. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or neighboring residences and shall be in compliance with Chapter 30 of this Ordinance. 6) Non-farm related open or outdoor service, sale and rental as a principal or accessory use provided that; i. Outside sale(s) areas are fenced are screened from view of neighboring residential uses, abutting residential district and the public right-of-way in compliance with this Ordinance; ii. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 30 of this Ordinance; iii. Sales area(s) are sodded, seeded or otherwise altered with an appropriate surface treatment to control dust MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in a TZ District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS Lot Area Width Depth 2 ½ ACRES 150 FT 300 FT Effective December 13, 2010 / Page 45

46 CHAPTER 11: TRANSITION ZONE (TZ) DISTRICT SECTION , CONDITIONAL USES B. SETBACKS. 1) Front Yard: Not less than twenty-five (25) feet. 2) Side Yard: 3) Rear Yard: i. Single and Two-Family: - Interior Lots: Eight (8) feet; - Corner Lots: Twelve (12) feet. ii. All Other Permitted and Conditional Uses: Ten (10) feet. i. Principle Building: Twenty-five (25) Feet; ii. Accessory Building or Use: Three (3) feet, except on corner lots, which shall not be less that twelve (12) feet on the side abutting the street MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Dwelling units or principal buildings: Thirty-five (35) feet; 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance; 3) Farm Buildings: None MAXIMUM LOT COVERAGE No structure or combination of structures shall occupy more than ten (10%) of the lot area unless otherwise permitted within this Ordinance (see (1)(ii)). Effective December 13, 2010 / Page 46

47 CHAPTER 12: SINGLE-FAMILY & LIMITED TWO-FAMILY RESIDENTIAL DISTRICT (R-1) PURPOSE & INTENT The R-1 District is hereby established to provide a predominantly single-family character for residential development PERMITTED USES The following are permitted uses in the Single-Family & Limited Two Family Residential (R-1) district: A. RESIDENTIAL USES. 1) Single-family dwellings; 2) Two-family dwellings (corner lots only); 3) Day care facilities; includes group family day care and family day care as set forth in Minnesota Administrative Rules, part 9502 and Minnesota Statutes 245A.02 ((does not include adult day care, family adult care services or adult day services as a use by right); 4) Manufactured Homes subject to the following conditions: i. All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal; ii. The minimum width of the main portion of the structure shall not be less than twenty-two (22) feet, as measured across the narrowest portion; iii. All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the City; iv. Tongues on all manufactured homes shall be removed. 5) Garage and rummage sales provided that: i. Sales may not exceed four (4) days during any thirty (30) day period and are limited to a maximum of eight (8) days per year; ii. Signs advertising the sale may not be placed within any public right-of-way; iii. No merchandise offered for sale may be placed within any public right-of-way. B. NON-RESIDENTIAL USES. 1) Golf courses; 2) Essential Services. C. PUBLIC, INSTITUTIONAL AND CIVIC USES. 1) Library; 2) Primary and secondary schools; 3) Open Space, athletic fields, parks, and playgrounds; 4) Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); 5) Public assembly (churches, synagogues, temples, etc) ACCESSORY USES The following are permitted accessory uses in the Single-Family & Limited Two Family Residential (R- 1) district: A. ACCESSORY USES. Effective December 13, 2010 / Page 47

48 CHAPTER 12: SINGLE-FAMILY & LIMITED TWO FAMILY RESIDENTIAL DISTRICT (R-1) SECTION , ACCESSORY USES 1) Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this Ordinance is provided elsewhere on the property; 2) The storage of Recreational vehicles and related equipment; 3) Home occupations as regulated by Chapter 32 of this ordinance; 4) Noncommercial greenhouses and conservatories; 5) Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; 6) Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; 7) Boarding or renting of rooms to not more than two (2) persons CONDITIONAL USE PERMITS The following are conditional uses in an R-1 District:. A. RESIDENTIAL USES. 1) Residential planned unit development, as regulated by Chapter 24 of this Ordinance; B. NON-RESIDENTIAL USES. 1) Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the City; provided, that: i. Compatibility with the surrounding neighborhood is maintained and required setbacks are met; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening from neighboring uses and landscaping is provided in compliance with Chapter 30 of this Ordinance. 2) Recreational buildings which includes golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues; provided that: i. Side yard setbacks shall be double that required for the district, but not greater that thirty (30) feet; ii. Adequate screening from abutting residential uses and landscaping is provided in compliance with Chapter 27 of this Ordinance; iii. Adequate off-street parking and access is provided pursuant to Chapter 22 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with Chapter 27 of this Ordinance; iv. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance. 3) Cemeteries; provided that: i. The site has direct vehicular access to a minor arterial or arterial street; ii. The site is screened in accordance with Chapter 27 of this Ordinance. Effective December 13, 2010 / Page 48

49 CHAPTER 12: SINGLE-FAMILY & LIMITED TWO FAMILY RESIDENTIAL DISTRICT (R-1) SECTION , MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in an R-1 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS Lot Area Width Depth Single-Family (7,000 SQ. FT), Two-Family (9,000 SQ. FT.) 60 FT 100 FT B. SETBACKS. 1) Front Yard: Not less than twenty five (25) feet. 2) Side Yard: 3) Rear Yard: i. All Permitted or Conditional Uses: - Interior Lots: Eight (8) feet; - Corner Lots: Twelve (12) feet. ii. Accessory Structures: Five (5) feet minimum unless a garage entrance faces into a street in which case the setback will be eighteen (18) feet to accommodate a vehicle from encroaching into public right-of-way. i. Principle Building: Twenty-five (25) feet; ii. Accessory Structures: Five (5) feet except on corner lots, which shall be not less than twelve (12) feet on the side abutting the street. If a garage entrance faces onto a street the minimum setback will be eighteen (18) feet to accommodate a vehicle from encroaching onto the public right-of-way MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Dwelling units or principal buildings: Thirty-five (35) feet; 2) Accessory Buildings: As governed by Chapter 31of this Ordinance MAXIMUM LOT COVERAGE No structure or combination of structures in the R-1 District shall occupy more than thirty-three (33%) of the total lot area. Effective December 13, 2010 / Page 49

50 CHAPTER 13: SINGLE-FAMILY & TWO-FAMILY RESIDENTIAL DISTRICT (R-2) PURPOSE & INTENT The R-2 district is established to encourage the preservation of residential neighborhoods characterized primarily by single family and two-family dwellings and to preserve undeveloped lands for similar types of residential development PERMITTED USES The following are permitted uses in the Single-Family & Two Family Residential (R-2) district: A. RESIDENTIAL USES. 1) Single-family dwellings; 2) Two-family dwellings; 3) Day care facilities; includes group family day care and family day care as set forth in Minnesota Administrative Rules, part 9502 and Minnesota Statutes 245A.02(does not include adult day care, family adult care services or adult day services as a use by right); 4) Manufactured Homes subject to the following conditions: i. All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal; ii. The minimum width of the main portion of the structure shall not be less than twenty-two (22) feet, as measured across the narrowest portion; iii. All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the City; iv. Tongues on all manufactured homes shall be removed. B. NON-RESIDENTIAL USES. 1) Golf courses; 2) Essential Services. C. PUBLIC, INSTITUTIONAL AND CIVIC USES. 1) Library; 2) Primary and secondary schools; 3) Open Space, athletic fields, parks, and playgrounds; 4) Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); 5) Public assembly (churches, synagogues, temples, etc) ACCESSORY USES The following are permitted accessory uses in the Single-Family & Two Family Residential (R-2) district: A. ACCESSORY USES. 1) Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this Ordinance is provided elsewhere on the property; Effective December 13, 2010 / Page 50

51 CHAPTER 13: SINGLE-FAMILY & TWO FAMILY RESIDENTIAL DISTRICT (R-2) SECTION , ACCESSORY USES 2) Recreational vehicles and equipment; 3) Home Occupations as regulated by Chapter 32 of this ordinance; 4) Noncommercial greenhouses and conservatories; 3) Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; 4) Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; 5) Boarding or renting of rooms to not more than two (2) persons CONDITIONAL USES The following are conditional uses in an R-2 District:. A. RESIDENTIAL USES. 1) Multiple family dwellings or attached single-family dwelling structures with not more than four (4) units or retirement, nursing, assisted living, elderly homes provided that: iv. There is adequate off-street parking provided in compliance with Chapter 22 of this Ordinance; v. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance. vi. Parking areas shall be adequately screened/landscaped from surrounding and abutting residential districts in compliance with Chapter 27 of this Ordinance. 2) Residential planned unit development, as regulated by Chapter 24 of this Ordinance. B. NON-RESIDENTIAL USES. 1) Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the City; provided, that: i. Compatibility with the surrounding neighborhood is maintained and required setbacks are met; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening from neighboring uses and landscaping is provided in compliance with Chapter 27 of this Ordinance. 2) Recreational buildings which includes golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues; provided that: i. Side yard setbacks shall be double that required for the district, but not greater that thirty (30) feet; ii. Adequate screening from abutting residential uses and landscaping is provided in compliance with Chapter 27 of this Ordinance; iii. Adequate off-street parking and access is provided pursuant to Chapter 22 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with Chapter 27 of this Ordinance; iv. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance. Effective December 13, 2010 / Page 51

52 CHAPTER 13: SINGLE-FAMILY & TWO FAMILY RESIDENTIAL DISTRICT (R-2) SECTION , CONDITIONAL USES 3) Cemeteries; provided that: i. The site has direct vehicular access to a minor arterial or arterial street; ii. The site is screened in accordance with Chapter 27 of this Ordinance. 4) Businesses and Professional Service(s) Office Space/Neighborhood Commercial Structure: These buildings may include, but not limited to the following: small retail and personal service stores provided they are designed to be functionally harmonious with the existing residential neighborhood. Permitted structures shall serve the primary needs of the immediate neighborhood and should not generate a large portion of destination trips external to the immediate neighborhood; provided, that: i. The space is located within an already existing structure; ii. The proposed uses shall not include more than one (1) business per structure MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in an R-2 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS UNIT TYPE LOT AREA LOT WIDTH LOT DEPTH Single-Family (4,800 sq. ft), 4,800 SQ. FT 50 FT 100 FT Two-Family (6,000 sq. ft.), Townhouse (2,500 sq. ft.), 6,000 SQ. FT 2,500 SQ. FT 60 FT N/A 100 FT N/A Multi-Family Not less than 6,000 sq. ft. for each multi-family building having at least four (4) units; and not less than 1,000 sq. ft. additional area for each additional dwelling unit. 130 FT 100 FT B. SETBACKS. 1) Front Yard: Not less than twenty-five (25) feet. 2) Side Yard: i. Interior Lots: Five (5) feet; ii. Corner Lots: Twelve (12) feet on side yards abutting a street except when the apron to a garage is facing said side yard, in which case the apron shall be a minimum of eighteen (18) feet to accommodate a vehicle from encroaching into public right-of-way; iii. Multi-Family: Twelve (12%) of the lot width with a minimum of six (6) feet; Effective December 13, 2010 / Page 52

53 CHAPTER 13: SINGLE-FAMILY & TWO FAMILY RESIDENTIAL DISTRICT (R-2) SECTION , MINIMAL DIMENSIONAL REQUIREMENTS & STANDARDS iv. Townhouse: No setback required on internal common walls or party walls; v. Garages: Five (5) feet unless garage entrances face onto street or alley, in which case, the minimum setback will be eighteen (18) feet to accommodate a vehicle from encroaching into public right-of-way; vi. Accessory Structures: Five (5) feet minimum unless a garage entrance faces onto a street or alley, in which case, the setback will be eighteen (18) feet to accommodate a vehicle from encroaching into public right-of-way; vii. All Other Uses: Ten (10) feet. 3) Rear Yard: i. Principle Building: Twenty-five (25)feet; ii. Accessory Structures: Five (5) feet except on corner lots, which shall not be less than twelve (12) feet on the side abutting a street; iii. Garages: five (5) feet unless garage entrances face onto a street or alley, in which case, the minimum setback will be eighteen (18) feet to accommodate a vehicle from encroaching into public right-of-way MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Dwelling units or principal buildings: Thirty-five (35) feet; 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance MAXIMUM LOT COVERAGE No structure or combination of structures shall occupy more than thirty-three (33%) of the lot area. Effective December 13, 2010 / Page 53

54 CHAPTER 14: LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3) PURPOSE & INTENT The R-3 District is established to provide for an area where there will be a compatible variety of residential densities/dwelling units by encouraging single-family units, two-family units and multiplefamily dwellings PERMITTED USES The following are permitted uses in the Limited Multiple Family Residential (R-3) district: A. RESIDENTIAL USES. 1) Single-family dwellings and two-family dwellings; 2) Multi-family dwellings of more than two (2) units but less than eight (8) units; 3) Townhome dwellings of more than two (2) units but less than thirteen (13) units; 4) Two (2) unit single-family attached dwellings; 5) Two (2) unit condominiums if part of a larger single-family attached or condominium complex; 6) Day care facilities; includes group family day care and family day care as set forth in Minnesota Administrative Rules, part 9502 and Minnesota Statutes 245A.02 (does not include adult day care, family adult care services or adult day services as a use by right); 7) Manufactured Homes subject to the following conditions: i. All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal; ii. The minimum width of the main portion of the structure shall not be less than twenty-two (22) feet, as measured across the narrowest portion; iii. All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the City; iv. Tongues on all manufactured homes shall be removed. B. NON-RESIDENTIAL USES. 1) Golf Courses; 2) Essential Services. C. PUBLIC, INSTITUTIONAL AND CIVIC USES. 1) Library; 2) Primary and secondary schools; 3) Open Space, athletic fields, parks, and playgrounds; 4) Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); 5) Public assembly (churches, synagogues, temples, etc) ACCESSORY USES The following are permitted accessory uses in the Limited Multiple Family Residential (R-3) district: A. ACCESSORY USES. 1) Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can Effective December 13, 2010 / Page 54

55 CHAPTER 14: LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3) SECTION , ACCESSORY USES be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this Ordinance is provided elsewhere on the property; 2) Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this Ordinance is provided elsewhere on the property; 3) Recreational vehicles and equipment; 4) Home Occupations as regulated by Chapter 32 of this ordinance; 5) Noncommercial greenhouses and conservatories; 6) Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; 7) Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; 8) Boarding or renting of rooms to not more than two (2) persons CONDITIONAL USES The following are conditional uses in an R-3 District:. A. RESIDENTIAL USES. 1) Multiple family dwellings or attached single-family dwelling structures with more than Eight (8) units, provided, that: i. There is adequate off-street parking provided in compliance with Chapter 22 of this Ordinance; ii. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance; iii. Parking areas shall be adequately screened/landscaped from surrounding and abutting residential districts in compliance with Chapter 27of this Ordinance. 2) Residential planned unit development, as regulated by Chapter 24 of this Ordinance. B. NON-RESIDENTIAL USES. 1) Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the City; provided, that: i. Compatibility with the surrounding neighborhood is maintained and required setbacks are met; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening from neighboring uses and landscaping is provided in compliance with Chapter 27 of this Ordinance. 2) Commercial recreational buildings which includes golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues; provided that: i. Side yard setbacks shall be double that required for the district, but not greater that thirty (30) feet; Effective December 13, 2010 / Page 55

56 CHAPTER 14: LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3) SECTION , CONDITIONAL USES ii. Adequate screening from abutting residential uses and landscaping is provided in compliance with Chapter 27 of this Ordinance; iii. Adequate off-street parking and access is provided pursuant to Chapter 22 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with Chapter 27 of this Ordinance; iv. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance. 3) Cemeteries; provided that: i. The site has direct vehicular access to a minor arterial or arterial street; ii. The site is screened in accordance with Chapter 27 of this Ordinance. 4) Neighborhood Commercial Structure. These buildings may include, but not limited to the following: small retail and personal service stores provided they are designed to be functionally harmonious with the existing residential neighborhood. Permitted structures shall serve the primary needs of the immediate neighborhood and should not generate a large portion of destination trips external to the immediate neighborhood; provided that: i. The space is located within an already existing structure; ii. The proposed uses shall not include more than one (1) business per structure. 6) Businesses and Professional Service(s) Office Space but non-inclusive of facilities or operations that provide overnight accommodations for patients or funeral homes, mortuaries or similar uses, and provided that: i. Such uses are arranged, designed and constructed to be a functional, harmonious and compatible component of the surrounding neighborhood; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening and landscaping from adjoining residential uses is provided in accordance with Chapter 27 of this Ordinance; iv. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from abutting residential property and shall be in compliance with Chapter 30 of this Ordinance; v. Adequate off-street parking and off-street loading areas, if necessary, shall be provided in compliance with Chapter 22 of this Ordinance; vi. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; vii. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in a R-3 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. [see chart on subsequent page] Effective December 13, 2010 / Page 56

57 CHAPTER 14: LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3) SECTION , MINIMAL DIMENSIONAL REQUIREMENTS & STANDARDS LOT/PARCEL DIMENSIONAL STANDARDS UNIT TYPE LOT AREA LOT WIDTH LOT DEPTH Single-Family (4,800 sq. ft), 4,800 SQ. FT 50 FT N/A Two-Family (6,000 sq. ft.), Townhouse (2,500 sq. ft.), 6,000 SQ. FT 2,500 SQ. FT 50 FT 18 FT N/A Multi-Family Not less than 6,000 sq. ft. for each multi-family building having at least four (4) units; and not less than 750 sq. ft. additional area for each additional dwelling unit. All Other Uses per (Chapter 31) 50 FT N/A B. SETBACKS. 1) Front Yard: Not less than twenty-five (25) feet. 2) Side Yard: i. Single-Family, Two-Family and Townhouses: a) Interior Lots: Five (5) feet; b) Corner Lots: Twelve (12) feet on the side yards abutting a public way, except when the apron to a garage is facing the side yard, in which case the apron shall be a minimum of eighteen (18) feet; c) Townhouse: No setback required on internal common walls or party walls. ii. Multiple-Family: Twelve (12%) of the lot with a minimum of six (6) feet; iii. Garages: Five (5) feet unless garage entrances face onto street or alley, in which case, the minimum setback will be eighteen (18) feet to accommodate a vehicle from encroaching into public right-of-way; iv. Other Principal Structures: 3) Rear Yards: a) For lots fifty (50) feet wide or less, each side yard must not be less than six (6) feet in width; for lots more than fifty (50) feet wide but less than 100 feet wide, each side yard must be not less than twelve (12%) of the width of the lot; and for lots 100 feet wide or more, each side yard must be not less than twelve (12) feet wide; b) Corner Lots: twelve (12) feet. i. Principal Buildings: Twenty-five (25) feet; Effective December 13, 2010 / Page 57

58 CHAPTER 14: LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3) SECTION , MINIMAL DIMENSIONAL REQUIREMENTS & STANDARDS ii. Accessory Buildings: Five (5) feet, except on corner lots, which shall be not less than twelve (12) feet on the side abutting the street and twenty (20) feet if the garage entrance faces onto a street in order to prevent a vehicle from encroaching into public right-of-way MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Dwelling units or principal buildings: Thirty-five (35) feet; 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance MAXIMUM LOT COVERAGE The following maximum lot coverage standards will apply in the R-3 District: A. LOT COVERAGE. 1) Single-Family and Two-Family: No structure or combination of structures shall occupy more than thirty-three (33%) of the lot area; 2) Multiple-Family: No structure or combination of structures shall occupy more than forty (40%) of the lot area. Effective December 13, 2010 / Page 58

59 CHAPTER 15: MULTIPLE-FAMILY DISTRICT (R-4) PURPOSE & INTENT The R-4 District is established to provide high-density residential development.within municipal limits. Non-residential uses permitted in this district will be limited to those uses and buildings that will provide stability and dignity to the area as a residential neighborhood PERMITTED USES The following are permitted uses in the Multiple-Family Residential (R-4) district: A. RESIDENTIAL USES. 1) Multiple-Family dwellings; 2) Day care facilities; 3) Residential Programs/Facilities (six (6) persons or less) 4) Manufactured Homes subject to the following conditions: i. All manufactured homes shall be constructed after June 15, 1976, and bear the H.U.D. certification seal; ii. The minimum width of the main portion of the structure shall not be less than twenty-two (22) feet, as measured across the narrowest portion; iii. All dwellings shall be placed on a permanent foundation in compliance with the Uniform Building Code as adopted by the City; iv. Tongues on all manufactured homes shall be removed. B. NON-RESIDENTIAL USES. 1) Golf Courses; 2) Essential Services; 3) Retirement, nursing, assisted living, elderly homes or similar uses; 4) Museums, art galleries or similar uses. C. PUBLIC, INSTITUTIONAL AND CIVIC USES. 1) Library; 2) Primary and secondary schools; 3) Open Space, athletic fields, parks, and playgrounds; 4) Public swimming pools (not less than 200 feet from existing residential neighborhoods or areas platted and/or zoned as residential area(s)); 5) Public assembly (churches, synagogues, temples, etc) ACCESSORY USES The following are permitted accessory uses in the Multiple-Family Residential (R-4) district: A. ACCESSORY USES. 1) Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on. Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this Ordinance is provided elsewhere on the property; Effective December 13, 2010 / Page 59

60 CHAPTER 15: MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-4) SECTION , ACCESSORY USES Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this Ordinance is provided elsewhere on the property; 2) Recreational vehicles and equipment; 3) Home Occupations as regulated by Chapter 32 of this ordinance; 4) Noncommercial greenhouses and conservatories; 5) Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; 6) Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; 7) Boarding or renting of rooms to not more than two (2) persons CONDITIONAL USES The following are conditional uses in an R-4 District:. A. RESIDENTIAL USES. 1) Multiple family dwellings or attached single-family dwelling structures with more than twelve (12) units, provided, that: i. There is adequate off-street parking provided in compliance with Chapter 22 of this Ordinance; ii. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance; iii. Parking areas shall be adequately screened/landscaped from surrounding and abutting residential districts in compliance with Chapter 27 of this Ordinance. 2) Residential planned unit development, as regulated by Chapter 24 of this Ordinance; 3) Residential Programs/Facilities (more than six (6) individuals). B. NON-RESIDENTIAL USES. 1) Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the City; provided, that: i. Compatibility with the surrounding neighborhood is maintained and required setbacks are met; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening from neighboring uses and landscaping is provided in compliance with Chapter 27 of this Ordinance. 2) Recreational buildings which includes golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues; provided that: i. Side yard setbacks shall be double that required for the district, but not greater that thirty (30) feet; ii. Adequate screening from abutting residential uses and landscaping is provided in compliance with Chapter 27 of this Ordinance; iii. Adequate off-street parking and access is provided pursuant to Chapter 22 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with Chapter 27 of this Ordinance; Effective December 13, 2010 / Page 60

61 CHAPTER 15: MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-4) SECTION , CONDITIONAL USES iv. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance. 3) Cemeteries; provided that: i. The site has direct vehicular access to a minor arterial or arterial street; ii. The site is screened in accordance with Chapter 27 of this Ordinance. 4) Neighborhood Commercial Structure. These buildings may include, but not limited to the following: small retail and personal service stores provided they are designed to be functionally harmonious with the existing residential neighborhood. Permitted structures shall serve the primary needs of the immediate neighborhood and should not generate a large portion of destination trips external to the immediate neighborhood; provided that: i. The space is located within an already existing structure; ii. The proposed uses shall not include more than one (1) business per structure. 5) Businesses and Professional Service(s) Office Space but non-inclusive of facilities or operations that provide overnight accommodations for patients or funeral homes, mortuaries or similar uses, and provided that: i. Such uses are arranged, designed and constructed to be a functional, harmonious and compatible component of the surrounding neighborhood; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening and landscaping from adjoining residential uses is provided in accordance with Chapter 27 of this Ordinance; iv. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from abutting residential property and shall be in compliance with Chapter 30 of this Ordinance; v. Adequate off-street parking and off-street loading areas, if necessary, shall be provided in compliance with Chapter 23 of this Ordinance; vi. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; vii. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. C. PUBLIC, INSTITUTIONAL AND CIVIC USES. 1) Clubs or lodges which are operated for the benefit of members only MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in a R-4 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS UNIT TYPE LOT AREA LOT WIDTH LOT DEPTH Townhomes 2,500 SQ. FT 18 FT 170 FT All Other Uses (per Chapter 31) 50 FT 170 FT Effective December 13, 2010 / Page 61

62 CHAPTER 15: MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-4) SECTION , MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS B. SETBACKS. 1) Front Yard: Not less than twenty-five (25) feet. 2) Side Yard: 3) Rear Yard: i. Townhouses: a) Interior Lots: Five (5) feet; b) Corner Lots: Twelve (12) feet; c) Townhouse: No setback required on internal common walls or party walls. ii. Other Principal Structures: a) For lots fifty (50) feet wide or less, each side yard must not be less than six (6) feet in width; for lots more than fifty (50) feet wide but less than 200 feet wide, each side yard must be not less than twelve (12%) of the width of the lot; and for lots 100 feet wide or more, each side yard must be not less than twelve (12) feet wide; b) Corner Lots: Twelve (12) feet. i. Principle Buildings: Twenty-five (25) feet; ii. Accessory Buildings: Five (5) feet, except corner lots, which shall not be less than twelve (12) feet on the side abutting the street MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Dwelling units or principal buildings: Thirty-five (35) feet; 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance MAXIMUM LOT COVERAGE No structure or combination of structures shall occupy more than forty (40%) of the lot area. Effective December 13, 2010 / Page 62

63 CHAPTER 16: MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5) PURPOSE & INTENT This district is established to set aside an area within municipal limits for the exclusive use of manufactured home park(s) with certain restrictions to provide the residents in that district a safe healthful environment PERMITTED USES Single-family, detached, manufactured housing and manufactured home park offices shall be permitted uses within the R-5 District unless otherwise specified in the provisions of this Ordinance. New mobile home parks may not be established unless otherwise specified in the provisions of this Ordinance. Additionally, existing mobile home parks may not be expanded or modified (acreage, parcels, lots, etc) unless zoned Manufactured Housing Residential (R-5) District ACCESSORY USES The following are permitted accessory uses in the Manufactured Housing Residential District (R-5): A. ACCESSORY USES. 1) Private garages, parking spaces and car ports. Private garages are intended for use to store the private passenger vehicles of the family or families whom reside upon the premises, and in which no business service or industry is carried on Such space can be rented to noncommercial vehicles, trailers or equipment if sufficient off-street parking in full compliance with this Ordinance is provided elsewhere on the property; 2) Recreational vehicles and equipment; 3) Home Occupations as regulated by Chapter 32 of this ordinance; 4) Noncommercial greenhouses and conservatories; 5) Private swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests; 6) Tool sheds, structures and similar buildings for storage of domestic supplies and noncommercial recreational equipment; 7) Boarding or renting of rooms to not more than two (2) persons; 8) Community laundry facilities, storm shelter, park office, recreational building(s); provided that such structures are of a permanent nature and comply with the provisions of the State Uniform Building Code CONDITIONAL USES The following are conditional uses in an R-4 District:. A. RESIDENTIAL USES. 1) Residential planned unit development, as regulated by Chapter 24 of this Ordinance; B. NON-RESIDENTIAL USES. 1) Essential Services; 2) Convenience establishments,(coin-operated laundries, grocery stores, dry cleaning establishments, and beauty and barber shops) may be permitted in mobile home parks subject to the following restrictions: Effective December 13, 2010 / Page 63

64 CHAPTER 16: MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5) SECTION , CONDITIONAL USES i. Such establishments and parking areas shall not occupy more than ten (10%) of the area of the park; ii. Shall be located, designed and intended to serve frequent trade or service needs of persons residing in the park; iii. Shall present no visible evidence of their commercial character to any portion of any residential district outside of the park. 3) Overnight travel trailer park facilities; 4) Wind energy conservation systems, subject to the minimum standards found in Chapter 23; 5) Governmental and public regulated utility buildings necessary for the health, safety and general welfare of the City; provided, that: i. Compatibility with the surrounding neighborhood is maintained and required setbacks are met; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening from neighboring uses and landscaping is provided in compliance with Chapter 27of this Ordinance. 6) Recreational buildings which includes golf courses and neighborhood or community centers; public or private educational institutes (limited to elementary, junior high and senior high schools); and public assembly facilities (churches, temples, synagogues; provided that: i. Side yard setbacks shall be double that required for the district, but not greater that thirty (30) feet; ii. Adequate screening from abutting residential uses and landscaping is provided in compliance with Chapter 27 of this Ordinance; iii. Adequate off-street parking and access is provided pursuant to Chapter 22 and parking areas are adequately screened/landscaped from surrounding and abutting residential uses in compliance with Chapter 27of this Ordinance; iv. Adequate off-street loading and service entrances are provided and regulated, where applicable, by Chapter 22 of this Ordinance. 7) Cemeteries; provided that: i. The site has direct vehicular access to a minor arterial or arterial street; ii. The site is screened in accordance with Chapter 27 of this Ordinance GENERAL PROVISIONS A. GENERAL PROVISIONS. 1) Drainage and Landscaping: All land area shall be adequately drained, landscaped 2) to control dust, and clean and free from refuse, garbage, rubbish or debris; 3) Drainage and Landscaping: All land area shall be adequately drained, landscaped to control dust, and clean and free from refuse, garbage, rubbish or debris; 4) Tents: No tents shall be used for residential housing purposes; however, tents may be used for recreational purposes; 5) Outdoor Camping: There shall be no outdoor camping anywhere in a manufactured housing park; 6) Access Approval: Access to manufactured housing parks to/from public right-of-way shall be approved by the City; Effective December 13, 2010 / Page 64

65 CHAPTER 16: MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5) SECTION , GENERAL PROVISIONS 7) Structures: Permits must be obtained for construction of buildings or structures when required by the Building Code; 8) Enclosure of Lower Areas; Inspection: The area beneath a manufactured housing unit shall be enclosed with a compatible material except that such enclosure must have access for inspection; 9) Clothes Lines: Laundry and clothing shall be hung out to dry only on lines indicated in City approved areas established and maintained exclusively for that purpose, as identified on the manufactured housing park site plan; 10) Central Community Buildings: A manufactured housing park shall have an adequate central community building with the following features, as applicable: i. Laundry drying areas and machines; ii. Public toilets and lavatories; iii. Storm shelter; iv. Such buildings shall have adequate heating in all areas and be maintained in a safe, clean and sanitary condition. 11) Completion of Spaces Before Occupancy: The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted in a manufactured home park shall be ten (10) units; 12) Length of Rental: No space shall be rented except for periods of thirty (30) days or more; 13) Tie-Down and Blocking Requirements: Blocking, anchors and tie-downs shall be placed in accordance with Minnesota State Law and the adopted Building Code; 14) Inspection: All manufactured homes shall comply with State and local fire, health and building regulations; 15) Refuse Disposal: Procedures for garbage, waste and trash disposal must be approved by the City and must conform to all State and local health and pollution control regulations; 16) Manufactured housing parks must provide and maintain adequate park/street lighting throughout the entirety of the park SITE PLAN REQUIREMENTS At such time an application is submitted to rezone property (see Chapter 7, Section 7.010) to a Manufactured Housing Residential District (R-5), the applicant must submit a site plan to the City. The applicant shall be bound by said site plan after the rezone application is processed and acted upon by the City. The site plan shall be processed contemporaneous with the rezone application. Thereafter, no building permit shall be issued unless compliance is determined and deemed consistent with any approval issued by the City Council. The site plan shall include: A. SITE PLAN REQUIREMENTS. 1) The name and address of all owners and developers participating in the development of the proposed Manufactured Housing Park; 2) The legal description and lot size in acres; 3) The location and size of all manufactured home lots, commercial lots, storage areas, recreation areas and facilities, landscaping, existing tree growth, surface water, topography, roadways, sidewalks and parking sires; 4) Detailed landscaping plans, grading plans and specifications; 5) Plans for sanitary sewage disposal, surface drainage, sub-surface drainage, fire hydrants, water systems, electrical services, gas services, cable television, street lighting; 6) Location and right-of-way width for all public streets abutting the proposed manufactured home park, inclusive of all street/sidewalk accesses and curbcuts from such street; 7) Preliminary road construction plans and specifications including applicable cross section and curb details; 8) Preliminary floor plans and elevations for all permanent structures, as appropriate; Effective December 13, 2010 / Page 65

66 CHAPTER 16: MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5) SECTION , SITE PLAN REQUIREMENTS 9) Staging and timing of construction program regardless of whether the entire area will be developed at one time or in phases; 10) Such other information that is deemed reasonable and applicable by the City in order to complete a comprehensive review of the proposed development; 11) The scale for all drawings shall be one inch to 100 feet, legible and reproducible DESIGN STANDARDS This section establishes design standards that should be applied to any applications for new manufactured housing parks within the municipal limits of Dilworth. A. DESIGN STANDARDS. 1) Park Size: the minimum area required for a manufactured housing park designation shall be (eight) 8 acres; 2) Density: Maximum density allowed within a manufactured home park shall be twelve (12) manufactured homes per gross acre; 3) Individual Manufactured Housing Site (Homes fourteen (14) feet wide or less): i. Each manufactured housing site shall contain at least 5,000 square feet of land area for the exclusive use of the occupant; ii. Width: No less than fifty (50) feet; iii. Depth: No less than 100 feet. 4) Individual Manufactured Housing Sites (Homes in excess of fourteen (14) feet, but less than eighteen (18) feet in width): i. Each manufactured housing site shall contain at least 6,050 square feet of land area for the exclusive use of the occupant; ii. Width: No less than fifty-five (55) feet; iii. Depth: No less than 110 feet. 5) Individual Manufactured Housing Sites (Homes over eighteen (18) feet in width); i. Each manufactured housing site shall contain at least 6,500 square feet of land area for the exclusive use of the occupant; ii. Width: No less than sixty-five (65) feet; iii. Depth: No less than 100 feet 6) Lot Coverage: The manufactured home stand and manufactured home unit including accessory structures shall not cover more than fifty (50%) of the manufactured home lot; 7) Individual Manufactured Housing Unit Setbacks: i. In manufactured housing parks existing prior to November 1, 1988, housing units shall not be located closer than ten (10) feet to side lot lines nor closer than fifteen (15) feet to its front lot line, or within ten (10) feet of its rear lot line; ii. In all manufactured housing parks developed after, November 1, 1988, housing units shall not be located closer than ten (10) feet to side lot lines nor closer than thirty (30) feet to its front lot line, or within ten (10) feet of its rear lot line; iii. All accessory structures such as awnings, cabanas, storage sheds, car ports, windbreaks, entryways or solar energy system shall be located, at minimum, three (3) feet from any property line and in no case closer than ten (10) feet to the nearest adjoining manufactured home. Effective December 13, 2010 / Page 66

67 CHAPTER 16: MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5) SECTION , DESIGN STANDARDS 8) Each manufactured housing site shall have frontage on an approved street or roadway and the corner of each manufactured home shall be marked and each site shall be numbered; 9) Building Requirements: 10) Parking: 11) Utilities: i. No principal structure shall exceed one (1) story or twenty-five (25) feet; ii. No accessory structure shall exceed fifteen (15) feet in height; iii. The unit structure is in compliance with the Guidelines for Manufactured Housing Installation, International Conference of Building Officials, 1983, as may be amended; iv. No manufactured home stand shall be used for parking more than one (1) manufactured home; v. Each manufactured home shall have the lot # or house # mounted on the street side of the home. i. Each manufactured housing site shall have off-street parking space for two (2) automobiles. All parking stalls shall be completely contained on the lot in which they serve; ii. Each manufactured housing park shall maintain additional hard surfaced offstreet parking lot(s) for guests of occupants in the amount of one (1) space for every three (3) home sites; iii. Driveways and access roads to unit sites/parking spaces shall be hard surfaced according to specifications established by the City. i. All manufactured housing units shall be connected to a public water and sanitary sewer system or a private water and sanitary sewer system approved by the State Department of Health; ii. All installations for disposal of surface storm water must be approved by the City; iii. All utility connections shall be as approved by the City; iv. The source of fuel for cooking, heating or other purposes at each manufactured housing site shall be approved by the City; v. All manufactured housing units shall be provided with telephone and electrical outlets; vi. All utilities shall be under ground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes set forth herein; vii. No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities and related manufactured appurtenances; viii. The owner shall pay any required sewer connection fees to the City; ix. The owner shall pay inspection and testing fees to the City; x. Facilities for fire protection shall be installed as required by the City. 12) Internal Roads and Streets: i. Roads and streets shall be bituminous or concrete surfaced as approved by the City; ii. All roads and streets shall have a concrete (mountable, roll type) curb and gutter, unless otherwise approved by the City; iii. All streets shall be developed with a road bed of not less than thirty-two (32) feet in width and collector streets of not less than thirty-six (36) feet in width. If parking is permitted on street then the roadbed shall be at least thirty-six (36) feet Effective December 13, 2010 / Page 67

68 CHAPTER 16: MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5) SECTION , DESIGN STANDARDS 13) Recreation: in width. To qualify for the reduced road width (ie. 32 feet) adequate off-street parking must be provided; iv. The City discourages the use of cul-de-sac streets in manufactured home parks. If they are constructed, cul-de-sacs shall have a minimum roadbed radius of forty (40) feet; v. State and local traffic laws shall govern the operation of motor vehicles upon all dedicated streets in a mobile/manufactured home park; vi. The manufactured home park shall have a street lighting plan approved by the City. i. All manufactured housing parks shall have at least twenty (20%) of the land developed for recreational use (tennis courts, children s play equipment, swimming pool, golf green, etc.). Developed and maintained at the owner/operator s expense, unless otherwise negotiated. Such areas shall be located to avoid any potential traffic hazards; ii. In lieu of land dedication for public park purposes, a cash contribution as established by the City Subdivision Regulations, as may be amended or updated, may be paid to the City. 14) Grading: Each manufactured home stand and lot shall have a longitudinal grade of not less than four (4%) in traverse crown or grade to provide adequate surface drainage. 15) Landscaping: 16) Lighting: 17) Storage: i. Each site shall be properly landscaped with trees, hedges, grass, fences, windbreaks and similar appropriate materials; ii. A compact hedge, redwood fence or landscaped area shall be installed around each manufactured home park and shall be maintained in an appropriate, first class condition at all times; iii. All areas shall be landscaped in accordance with landscaping plans approved by the City. i. Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment or common facilities for park occupant s use; ii. The manufactured housing park grounds shall be lighted as approved by the City from sunset to sunrise. i. Storage of large items such as boats, boat trailers, recreation vehicles, etc. shall be accommodated in a separate secured and screened area of the park. No parking of such vehicles or equipment shall be permitted on the housing site. 18) Removal: Manufactured home stands and lots shall be at such elevation, distance and position relative to the street or driveway that placement and removal of the manufactured home can be accomplished in a practical and reasonable manner. 19) General: For those items not specifically referenced, the design standards as established by the Subdivision Regulations, as may be amended, shall be utilized as general development guidelines. Effective December 13, 2010 / Page 68

69 CHAPTER 16: MANUFACTURED HOUSING RESIDENTIAL DISTRICT (R-5) SECTION , REGISTRATION REGISTRATION It shall be the duty of the operator of the manufactured housing park to keep a record of all homeowners and occupants located within the park. The register shall contain the following information: 1) The name and address of each unit occupant; 2) The name and address of the owner of each unit; 3) The make, model and year of the unit; 4) The state, territory or country issuing such license; 5) The date of arrival and departure of each unit; 6) The number and type of motor vehicles of residents of the park. The park operator shall keep the register available for inspection at all times by authorized City, State and County officials, public health officials and other public offices whose duty necessitates acquisition of the information contained in the register. The register shall not be destroyed until after a period of three (3) years following the date of departure of the registrant from the park MAINTENANCE The operator and/or owner of any manufactured housing park, or a duly authorized attendant and/or caretaker shall be responsible at all times for keeping the park, its facilities and equipment (including, but not limited to, private roads, public/park restrooms (if any), parking areas, recreational areas/equipment, street lighting, park lighting, dumpsters, refuse disposal and storage facilities. See General Provisions, Section for additional information), in a clean, orderly, operable and sanitary condition. The attendant or caretaker shall be held accountable along with said operator/owner, for the violation of any provisions of these regulations to which said owner/operator is subject REVIEW PROCEDURES All informational elements as required in this Chapter shall be submitted to the City in accordance with the normal time schedule outlined for zoning district amendments, whether or not the proposal requires a rezoning. Proposals for manufactured housing park expansions on properly zoned land shall be reviewed for compliance with the applicable standards and requirements contained in this Chapter by all designated and official City review bodies. Effective December 13, 2010 / Page 69

70 CHAPTER 17: NEIGHBORHOOD BUSINESS DISTRICT (C-1) PURPOSE & INTENT The purpose of the C-1 Neighborhood Commercial District is to provide for the establishment of integrated neighborhood centers. These neighborhood commercial centers are intended to provide convenient services such as office space, retail or service related establishments to adjacent residential areas PERMITTED USES The following are permitted uses in the Neighborhood Business District (C-1) district: A. NON-RESIDENTIAL USES. 1) Personal Services; inclusive of: i. Dry Cleaning; ii. Laundromat; iii. Incidental Repair; iv. Shoe Repair; v. Sewing/Tailor; vi. Massage Treatments; vii. Tanning Salon; viii. Barber/Beauty Shop. ` 2) Professional Services/Commercial Offices; inclusive of: i. Locksmith; ii. Dental/Hygienic; iii. Medical/Clinics; iv. Chiropractic; v. Travel Agency; vi. Real Estate; vii. Arch./Design; viii. Engineering; ix. Accounting; x. Property Mgmt; xi. Investment (banks, loans, credit unions, etc); xi. Professional Services or Commercial Offices of similar use/type/intent. 3) General Retail; inclusive of: i. Paint/Decor Store; ii. Book Store; iii. Camera/Photo/Film; iv. Bicycle Sales/Repair; v. Essential Services; vi. Gift Store/Novelties; vii. Jewelry Sales; viii. Appliance Sales; ix. Hobby Shop; x. Florists; xi. Tobacco Shop; xii. Health Food/Products; xiii. Dairy Product Retail; xiv. Clothing/Apparel; xv. Antique Store; xvi. Variety Store; xvii. General Sales/Repair (clocks, watches, vacuums, dry goods, televisions, electronics or other similar uses); xviii. Music/Record Stores (including instruments); xix. Convenience Grocery (non-supermarket and without fuel sales). 4) Food and Beverage Services; inclusive of: i. Bakery (goods/retail); ii. Delicatessen/Prepared Food Sales; iii. Dairy Product Retail; iv. Candy/Ice Cream/Frozen Desserts; v. Meat or Produce Market (non-processing); vi. Grocery, Fruit/Vegetable Store (non-vehicle or movable sales). B. PUBLIC, INSTITUTIONAL & CIVIC USES. 1) Public assembly (churches, synagogues, temples, etc); 2) Governmental Offices; 3) Open space, athletic fields, parks and playgrounds. Effective December 13, 2010 / Page 70

71 CHAPTER 17: NEIGHBORHOOD COMMERCIAL DISTRICT (C-1) SECTION , ACCESSORY USES ACCESSORY USES The following are permitted accessory uses in the Neighborhood Commercial District (C-1): A. ACCESSORY USES. 1) Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed thirty (30%) of the gross floor space as utilized by the principal use. 2) Off-street parking as regulated by Chapter 22 of this Ordinance, but not including offstreet parking for semi-trailer trucks; 3) Off-street loading facilities as regulated by Chapter 22 of this Ordinance CONDITIONAL USES The following are conditional uses in an C-1 District:. A. RESIDENTIAL USES. 1) Multiple-family dwellings up to twelve (12) units [consistent with conditions under (B)(1)]. B. NON-RESIDENTIAL USES. 1) Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community, drug stores, automobile service station, mini-warehouse or storage garages with no outdoor storage, multiple-family dwellings up to twelve (12) units, private club or lodge serving food and beverages, and restaurants, cafes and offsafe liquor with no drive-thru service, provided that: i. Compatibility with the surrounding neighborhood is maintained and required setbacks are met; ii. Equipment is completely enclosed in a permanent structure; iii. Adequate screening and landscaping from neighborhood residential districts is provided in accordance with Chapter 27 of this Ordinance. 2) Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses; provided, that: i. Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said side area shall be fenced, controlled and screened in compliance with Chapter 27 of this Ordinance; ii. The site and related parking/service entrances have direct access to an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated by the development. Vehicular entrances to parking or service areas shall create minimum conflicts with through traffic movement; iii. Adequate off-street parking is provided in compliance with Chapter 22 of this Ordinance; iv. Adequate off-street loading, as deemed applicable, is provided in compliance with Chapter 22 of this Ordinance; v. When abutting a residential district, a buffer area with screening and landscaping in compliance with Chapter 27 of this Ordinance shall be provided; vi. All State laws and statutes governing such use are strictly adhered to and all operating permits are secured; Effective December 13, 2010 / Page 71

72 CHAPTER 17: NEIGHBORHOOD COMMERCIAL DISTRICT (C-1) SECTION , CONDITIONAL USES vii. All signing, informational or visual communication devices shall be in compliance with the applicable provisions of this Code MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in the C-1 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS USE TYPE LOT AREA LOT WIDTH LOT DEPTH AS PERMITTED 10,000 SQ. FT. 100 FT N/A B. SETBACKS. 1) Front Yard: Not less than thirty (30) feet. 2) Side Yard: Not less than fifteen (15) feet, and side yard abutting a street shall not be less than twenty (20) feet; 3) Rear Yard: Twenty (20) feet MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Principle Buildings: Thirty-five (35) feet; 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance. Effective December 13, 2010 / Page 72

73 CHAPTER 18: CENTRAL BUSINESS DISTRICT (C-2) PURPOSE & INTENT This District is established to provide a core area of civic and high quality commercial uses to the community of Dilworth. These services should vary in use and extent to facilitate interdependence. The intent of this district is to support commercial uses that provide economic activity within city limits and to provide adequate/safe access to transportation infrastructure PERMITTED USES The following are permitted uses in the Central Business District (C-2) district: A. NON-RESIDENTIAL USES. 1) Animal Related Services; inclusive of: i. Veterinary clinics/hospitals (no overnight care, outside pens); ii. Pet Shops (no outside pens, kennels or exercise yards). 2) Entertainment & Recreational Activities; inclusive of: i. Art Galleries; ii. Museums; iii. Bowling Alley; iv. Billiards; v. Indoor Recreation; vi. Studios/Dance; vii. Theatres (non-drive-up). 3) Vehicles and Equipment; inclusive of: i. Auto Service Station; ii. Automobile Repair (Minor, includes tire sales); 4) Personal Services; inclusive of: i. Dry Cleaning; ii. Laundromat; iii. Incidental Repair; iv. Shoe Repair/Sales; v. Sewing/Tailor; vi. Massage Treatments; vii. Tanning Salon; viii. Barber/Beauty Shop; ix. Drug/Pharmaceuticals; x. Employment Agencies; xi. Health Clubs; xii. Mortuaries/Funeral. 5) Professional Services/Commercial Offices; inclusive of: i. Locksmith; ii. Dental/Hygienic; iii. Medical/Clinics/Hospitals; iv. Chiropractic; v. Travel Agency; vi. Real Estate; vii. Architecture/Design; viii. Engineering; ix. Accounting; x. Property Mgmt; xi. Contracting (office); xii. Insurance Sales/Claims; xiii. Plumbing/Heating/Electrical Shops/Sales; xiv. Investment (banks, savings, loans, credit unions, etc); xv. Professional Services or Commercial Offices of similar use/type/intent. 6) General Retail; inclusive of: i. Paint/Decor Store; ii. Book Store; iii. Camera/Photo/Film; iv. Bicycle Sales/Repair; v. Essential Services; vi. Gift Store/Novelties; vii. Jewelry Sales; viii. Appliance Sales; ix. Hobby Shop; x. Florists; xi. Tobacco Shop; xii. Health Food/Products; xiii. Dairy Product Retail; xiv. Clothing/Apparel; xv. Antique Store; xvi. Variety Store; xvii. Hardware; xviii. Pawn Shops; xix. Tattoo Shops; xx. Sporting Goods; xxi. Toy/Game Stores; xxii. General Sales/Repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses); Effective December 13, 2010 / Page 73

74 CHAPTER 18: CENTRAL BUSINESS DISTRICT (C-2) SECTION , PERMITTED USES xviii. Music/Record Stores (including instruments); xix. Convenience Store (with or without fuel sales); xxv. Department/Discount; xxvi. Hunting goods / firearms / with other merchandise sales. 7) Food and Beverage Services; inclusive of: i. Bakery (goods/retail); ii. Delicatessen/Prepared Food Sales; iii. Nightclubs; iv. Cocktail Lounges; v. Clubs/Lodges; vi. Restaurants, Cafes (no drive thru service); vii. Dairy Product Retail; viii. Candy/Ice Cream/Frozen Desserts; ix. Meat or Produce Market (non-processing); x. Grocery, Supermarket, Fruit/Vegetable Store (non-vehicle or movable sales); xi. Liquor Store (on-off sale). 8) Lodging Facilities; inclusive of: i. Motels/Motor Hotels; ii. Hotels. B. PUBLIC, INSTITUTIONAL & CIVIC USES. 1) Library; 2) Public assembly (churches, synagogues, temples, etc); 3) Governmental Offices, conference centers, civic buildings; 4) Open space, athletic fields, parks and playgrounds; 5) Trade or vocational schools; 6) Parking lots & transportation terminals ACCESSORY USES The following are permitted accessory uses in the Central Business District (C-2): A. ACCESSORY USES. 1) Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed thirty (30%) of the gross floor space as utilized by the principal use. 2) Off-street parking as regulated by Chapter 22 of this Ordinance, but not including off-street parking for semi-trailer trucks; 3) Off-street loading facilities as regulated by Chapter 22 of this Ordinance. The following are CONDITIONAL conditional uses USES in an C-2 District: The following are conditional uses in an C-2 District:. A. RESIDENTIAL USES. 1) Multiple-family dwellings, up to twelve (12) units; provided that: i. There is adequate off-street parking in compliance with Chapter 22 of this Ordinance; ii. One (1) off-street loading space, if applicable, in compliance with Chapter 22 of this Ordinance; Effective December 13, 2010 / Page 74

75 CHAPTER 18: CENTRAL BUSINESS DISTRICT (C-2) SECTION , CONDITIONAL USES iii. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Chapter 27 of this Ordinance; iv. All signing and informal or visual communication devices shall be in compliance with the applicable provisions of the City Code; v. The principal use structure is in compliance with the State Uniform Building Code; vi. Usable open space is equal to twenty (20%) of the gross lot area. B. NON-RESIDENTIAL USES. 1) Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community and mini-warehouse or storage garages with no outdoor storage; 2) Automobile Sales & Rentals; 3) Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses; provided, that: i. Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said side area shall be fenced, controlled and screened in compliance with Chapter 27 of this Ordinance; ii. The site and related parking/service entrances have direct access to an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated by the development. Vehicular entrances to parking or service areas shall create minimum conflicts with through traffic movement; iii. Adequate off-street parking is provided in compliance with Chapter 22 of this Ordinance; iv. Adequate off-street loading, as deemed applicable, is provided in compliance with Chapter 22 of this Ordinance; v. When abutting a residential district, a buffer area with screening and landscaping in compliance with Chapter 27 of this Ordinance shall be provided; vi. All State laws and statutes governing such use are strictly adhered to and all operating permits are secured; vii. All signing, informational or visual communication devices shall be in compliance with the applicable provisions of this Code. 4) Commercial car washes (drive-through, mechanical and self-service); provided that: i. Stacking space is constructed subject to the approval of the City Engineer; ii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be screened in compliance with this Ordinance; iii. Parking or car storage space shall be screened from view of abutting residential districts in compliance with Chapter 27 of this Ordinance; iv. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage, of which is subject to the approval of the City Engineer; v. The entire area shall have a drainage system which is subject to the approval of the City; vi. All lighting shall be hooded and so directed so as not to be in violation of the provisions of Chapter 30 of this Ordinance; vii. Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer. Effective December 13, 2010 / Page 75

76 CHAPTER 18: CENTRAL BUSINESS DISTRICT (C-2) SECTION , MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in the C-2 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS USE TYPE LOT AREA LOT WIDTH LOT DEPTH AS PERMITTED NONE NONE NONE B. SETBACKS. 1) Front Yard: Ten (10) feet from curb line or right-of-way/property boundary, whichever is more restrictive. 2) Side & Rear Setbacks: None or as otherwise required per building codes MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Principle Building: None. 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance. Effective December 13, 2010 / Page 76

77 CHAPTER 19: GENERAL BUSINESS DISTRICT (C-3) PURPOSE & INTENT It is the purpose of the C-3 General Business District to provide areas for commercial establishments that offer a variety of goods and services. The district is intended to attract commercial uses that can provide products and services to the community and region. Proximity to adjacent uses for spin-off business is not a primary consideration and this district should provide larger lots and efficient access to arterial streets PERMITTED USES The following are permitted uses in the Central Business District (C-3) district: A. RESIDENTIAL USES. 1) Residential uses; provided that one (1) dwelling unit shall be allowed per commercial structure and shall be incorporated into the structure. Residential uses shall not be located at ground level/first floor of any commercial structure in this district; 2) Trailer Parks and Camping Facilities: camping facilities for tourists provided that any boundary line associated with the facility is at least 300 feet from any existing residential district. B. NON-RESIDENTIAL USES. 1) Animal Related Services; inclusive of: i. Veterinary clinics/hospitals/shelters (no overnight care, no outside pens); ii. Pet Shops (no outside pens, kennels or exercise yards). 2) Entertainment & Recreational Activities; inclusive of: i. Art Galleries; ii. Museums; iii. Bowling Alley; iv. Billiards; v. Indoor Recreation; vi. Studios/Dance; vii. Miniature Golf; viii. Golf Driving Range; ix. Theatres (drive-up requires six (6) foot obscuring fence); x. Amusement Parks (go-kart tracks shall be at least 300 feet from any residential district); 3) Vehicles and Equipment; inclusive of: i. Auto Service Station; ii. Automobile Repair (Major, Minor & tire sales); iii. Agricultural Implements/Dealerships; iv. Automobile Sales & Rentals. 4) Personal Services; inclusive of: i. Dry Cleaning; ii. Laundromat; iii. Incidental Repair; iv. Shoe Repair/Sales; v. Sewing/Tailor; vi. Massage Treatments; vii. Tanning Salon; viii. Barber/Beauty Shop; ix. Drug/Pharmaceuticals; x. Employment Agencies; xi. Health Clubs; xii. Mortuaries/Funeral. 5) Professional Services/Commercial Offices; inclusive of: i. Locksmith; ii. Dental/Hygienic; iii. Medical/Clinics/Hospitals; iv. Chiropractic; v. Travel Agency; vi. Real Estate; vii. Architecture/Design; viii. Engineering; ix. Accounting; x. Property Mgmt; xi. Contracting (office); xii. Insurance Sales/Claims; xiii. Plumbing/Heating/Electrical Shops/Sales; Effective December 13, 2010 / Page 77

78 CHAPTER 19: GENERAL BUSINESS DISTRICT (C-3) SECTION , PERMITTED USES xiv. Electrical/Heating/Air Conditioning/Masonry/Refrigeration/Roofing or similar contracting businesses where outside equipment or storage does not exceed 20,000 square feet, provided the area is effectively screened by a site obscuring fence at least six (6) feet in height; 6) Professional Services/Commercial Offices; inclusive of: i. Locksmith; ii. Dental/Hygienic; iii. Medical/Clinics/Hospitals; iv. Chiropractic; v. Travel Agency; vi. Real Estate; vii. Architecture/Design; viii. Engineering; ix. Accounting; x. Property Mgmt; xi. Contracting (office); xii. Insurance Sales/Claims; xiii. Plumbing/Heating/Electrical Shops/Sales; xiv. Electrical/Heating/Air Conditioning/Masonry/Refrigeration/Roofing or similar contracting businesses where outside equipment or storage does not exceed 20,000 square feet, provided the area is effectively screened by a site obscuring fence at least six (6) feet in height; xv. Investment (banks, savings, loans, credit unions, etc); xvi. Professional Services or Commercial Offices of similar use/type/intent. 7) General Retail; inclusive of: i. Paint/Decor Store; ii. Book Store; iii. Camera/Photographic/Film; iv. Bicycle Sales/Repair; v. Essential Services; vi. Gift Store/Novelties; vii. Jewelry Sales; viii. Appliance Sales; ix. Hobby Shop; x. Florists; xi. Tobacco Shop; xii. Health Food/Products; xiii. Dairy Product Retail; xiv. Clothing/Apparel; xv. Antique Store; xvi. Variety Store; xvii. Hardware; xviii. Pawn Shops; xix. Tattoo Shops; xx. Sporting Goods; xxi. Toy/Game Stores; xxii. Nurseries/Landscape/Garden Centers; xxiii. General Sales/Repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses); xxiv. Music/Record Stores (including instruments); xxv. Convenience Store (with or without fuel sales); xxvii. Department/Discount; xxviii. Hunting goods / firearms / with other merchandise sales. 8) Food and Beverage Services; inclusive of: i. Bakery (goods/retail); ii. Delicatessen/Prepared Food Sales; iii. Nightclubs; iv. Cocktail Lounges; v. Liquor Stores (on/off sale); vi. Clubs/Lodges; vii. Restaurants, Cafes; viii. Bars, Liquor Sales; ix. Dairy Product Retail; x. Meat or Produce Market (non-processing); xi. Truck Stops/Drive-thru Restaurants (parking lots shall be 150 feet from any existing residential district); xii. Candy/Ice Cream/Frozen Desserts; xiii. Grocery, Supermarket, Fruit/Vegetable Store (non-vehicle or movable sales). 9) Lodging Facilities; inclusive of: i. Motels/Motor Hotels; ii. Hotels. C. INDUSTRIAL USES. 1) Production (light assembly) and Warehouse; inclusive of: i. Bldg Material Sales (non-lumber yard); Effective December 13, 2010 / Page 78

79 CHAPTER 19: GENERAL BUSINESS DISTRICT (C-3) SECTION , PERMITTED USES ii. Lumber Yards (outside storage shall be screened by a six (6) foot obscuring fence); iii. Modular (Factory Built) Home Sales; iv. Carpentry/Cabinets; v. Furniture Sales/Assembly; vi. Furniture Re-finishing; vii. Mini-Storage/Warehouse; viii. Assembly/Processing of non-offensive materials (appliances, electrical equipment, medical, dental, scientific or other similar uses); D. PUBLIC, INSTITUTIONAL & CIVIC USES. 1) Library; 2) Public assembly (churches, synagogues, temples, etc); 3) Governmental Offices/Buildings, conference centers, civic buildings; 4) Open space, athletic fields, parks and playgrounds; 5) Trade or vocational schools; 6) Parking lots/ramps & transportation terminals ACCESSORY USES The following are permitted accessory uses in the Central Business District (C-3): A. ACCESSORY USES. 1) Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed thirty (30%) of the gross floor space as utilized by the principal use. 2) Off-street parking as regulated by Chapter 22 of this Ordinance, but not including offstreet parking for semi-trailer trucks; 3) Off-street loading facilities as regulated by Chapter 22 of this Ordinance; 4) Outdoor storage, sales, rental and service subject to Chapter 30/31 of this Ordinance; 5) The stockpiling of black dirt and landscaping rock and materials accessory to nurseries, landscape centers and garden centers CONDITIONAL USES The following are conditional uses in an C-3 District:. A. RESIDENTIAL USES. 1) Multiple-family dwellings up to twelve (12) units; provided that: i. There is adequate off-street parking in compliance with Chapter 22 of this Ordinance; ii. One (1) off-street loading space, if applicable, in compliance with Chapter 22 of this Ordinance; iii. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Chapter 27 of this Ordinance; iv. All signing and informal or visual communication devices shall be in compliance with the applicable provisions of the City Code; v. The principal use structure is in compliance with the State Uniform Building Code; vi. Usable open space is equal to twenty (20%) of the gross lot area; B. NON-RESIDENTIAL USES. Effective December 13, 2010 / Page 79

80 CHAPTER 19: GENERAL BUSINESS DISTRICT (C-3) SECTION , CONDITIONAL USES 1) Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community. 2) Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses; provided, that: i. Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said side area shall be fenced, controlled and screened in compliance with Chapter 27 of this Ordinance; ii. The site and related parking/service entrances have direct access to an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated by the development. Vehicular entrances to parking or service areas shall create minimum conflicts with through traffic movement; iii. Adequate off-street parking is provided in compliance with Chapter 22 of this Ordinance; iv. Adequate off-street loading, as deemed applicable, is provided in compliance with Chapter 22 of this Ordinance; v. When abutting a residential district, a buffer area with screening and landscaping in compliance with Chapter 27 of this Ordinance shall be provided; vi. All State laws and statutes governing such use are strictly adhered to and all operating permits are secured; vii. All signing, informational or visual communication devices shall be in compliance with the applicable provisions of this Code. 3) Commercial car washes (drive-through, mechanical and self-service); provided that: i. Stacking space.is constructed subject to the approval of the City Engineer; ii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be screened in compliance with this Ordinance; iii. Parking or car storage space shall be screened from view of abutting residential districts in compliance with Chapter 27 of this Ordinance; iv. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage, of which is subject to the approval of the City Engineer; v. The entire area shall have a drainage system which is subject to the approval of the City; vi. All lighting shall be hooded and so directed so as not to be in violation of the provisions of Chapter 30 of this Ordinance; vii. Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer. 4) Kennels and veterinary clinics, animal hospitals, animal shelters and pet stores with outside pens or exercise yards and/or provide overnight stays; provided that: i. Any outside area used for pens and exercise yards shall be located at least 300 feet from any existing residential use or district; ii. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; iii. Adequate off-street parking is provided in compliance with Chapter 22 of this Ordinance; iv. Adequate off-street loading is provided in compliance with Chapter 22 of this Ordinance; Effective December 13, 2010 / Page 80

81 CHAPTER 19: GENERAL BUSINESS DISTRICT (C-3) SECTION , CONDITIONAL USES v. Vehicular entrances to parking or service areas shall create minimum conflict with through traffic movement; vi. All signing and informational or visual communication devices shall be in compliance with the applicable provisions of this Ordinance MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in the C-3 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS USE TYPE LOT AREA LOT WIDTH LOT DEPTH AS PERMITTED NONE NONE NONE B. SETBACKS. 1) Front Yard: None or as otherwise required per building codes. 2) Side & Rear Setbacks: None or as otherwise required per building codes MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Principle Building: None. 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance. Effective December 13, 2010 / Page 81

82 CHAPTER 20: LIGHT INDUSTRIAL DISTRICT (I-1) PURPOSE & INTENT It is the purpose of the I-1 Light Industrial District to permit light industrial uses that are free from objectionable influence upon adjacent urban development PERMITTED USES The following are permitted uses in the Light Industrial District (I-1) district: A. RESIDENTIAL USES. 1) Residential uses; provided that one (1) dwelling unit shall be allowed per commercial structure and shall be incorporated into the structure. Residential uses shall not be located at ground level/first floor of any commercial structure in this district; 2) Trailer Parks and Camping Facilities: camping facilities for tourists provided that any boundary line associated with the facility is at least 300 feet from any existing residential district. B. NON-RESIDENTIAL USES. 1) Animal Related Services; inclusive of: i. Veterinary clinics/hospitals/shelters (no overnight care, no outside pens); ii. Pet Shops (no outside pens, kennels or exercise yards). 2) Entertainment & Recreational Activities; inclusive of: i. Art Galleries; ii. Museums; iii. Bowling Alley; iv. Billiards; v. Indoor Recreation; vi. Studios/Dance; vii. Miniature Golf; viii. Golf Driving Range; ix. Theatres (drive-up requires six (6) foot obscuring fence); x. Amusement Parks (go-kart tracks shall be at least 300 feet from any residential district); 3) Vehicles and Equipment; inclusive of: i. Auto Service Station; ii. Automobile Repair (Major, Minor & tire sales); iii. Agricultural Implements/Dealerships; iv. Automobile Sales & Rentals (includes dealerships/implements) v. Heavy Equipment Sales, Service, Repair 4) Personal Services; inclusive of: i. Dry Cleaning; ii. Laundromat; iii. Incidental Repair; iv. Shoe Repair/Sales; v. Sewing/Tailor; vi. Massage Treatments; vii. Tanning Salon; viii. Barber/Beauty Shop; ix. Drug/Pharmaceuticals; x. Employment Agencies; xi. Health Clubs; xii. Mortuaries/Funeral. 5) Professional Services/Commercial Offices; inclusive of: i. Locksmith; ii. Dental/Hygienic; iii. Medical/Clinics/Hospitals; iv. Chiropractic; v. Travel Agency; vi. Real Estate; vii. Architecture/Design; viii. Engineering; ix. Accounting; x. Property Mgmt; xi. Contracting (office); xii. Insurance Sales/Claims; Effective December 13, 2010 / Page 82

83 CHAPTER 20: LIGHT INDUSTRIAL DISTRICT (I-1) SECTION , PERMITTED USES xiii. Plumbing/Heating/Electrical Shops/Sales; xiv. Electrical/Heating/Air Conditioning/Masonry/Refrigeration/Roofing or similar contracting businesses where outside equipment or storage does not exceed 20,000 square feet, provided the area is effectively screened by a site obscuring fence at least six (6) feet in height; xv. Investment (banks, savings, loans, credit unions, etc); xvi. Professional Services or Commercial Offices of similar use/type/intent. 6) General Retail; inclusive of: i. Paint/Decor Store; ii. Book Store; iii. Camera/Photographic/Film; iv. Bicycle Sales/Repair; v. Essential Services; vi. Gift Store/Novelties; vii. Jewelry Sales; viii. Appliance Sales; ix. Hobby Shop; x. Florists; xi. Tobacco Shop; xii. Health Food/Products; xiii. Dairy Product Retail; xiv. Clothing/Apparel; xv. Antique Store; xvi. Variety Store; xvii. Hardware; xviii. Pawn Shops; xix. Tattoo Shops; xx. Sporting Goods; xxi. Toy/Game Stores; xxii. Nurseries/Landscape/Garden Centers; xxiii. General Sales/Repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses); xxiv. Music/Record Stores (including instruments); xxv. Convenience Store (with or without fuel sales); xxvi. Department/Discount; xxv. Hunting goods / firearms / with other merchandise sales. 7) Food and Beverage Services; inclusive of: i. Bakery (goods/retail); ii. Delicatessen/Prepared Food Sales; iii. Nightclubs; iv. Cocktail Lounges; v. Liquor Stores (on/off sale); vi. Clubs/Lodges; vii. Restaurants, Cafes; viii. Bars, Liquor Sales; ix. Dairy Product Retail; x. Meat or Produce Market (non-processing); xii. Truck Stops/Drive-thru Restaurants (parking lots shall be 150 feet from any existing residential district); xiii. Candy/Ice Cream/Frozen Desserts; xiv. Grocery, Supermarket, Fruit/Vegetable Store (non-vehicle or movable sales). xv. Bottling/Distribution Facilities 8) Lodging Facilities; inclusive of: C. INDUSTRIAL USES. i. Motels/Motor Hotels; ii. Hotels. 1) Manufacturing, Production (light assembly), Warehouse, Storage & Waste; inclusive of: i. Bldg Material Sales (non-lumber yard); ii. Lumber Yards (outside storage shall be screened by a six (6) foot obscuring fence); iii. Modular (Factory Built) Home Sales; iv. Carpentry/Cabinets; iii. Furniture Sales/Assembly; v. Furniture Re-finishing; v. Mini-Storage/Warehouse/Rental Facilities; vi. Assembly/Processing of non-offensive materials (appliances, electrical equipment, medical, dental, advertising products, scientific or other similar uses); vii. Highway/Street Maintenance Facilities viii. Research/Development/Testing Laboratories/Facilities; Effective December 13, 2010 / Page 83

84 CHAPTER 20: LIGHT INDUSTRIAL DISTRICT (I-1) SECTION , PERMITTED USES ix. Fabrication, Machining, Processing, Packing/Packaging, Freight or general light industrial uses (non inclusive of agricultural fertilizer/pesticide processing/sales, batch plants, concrete plants, grain elevators, bulk fuel sales, grinding plants, feed mixing, slaughter facilities, tire recapping/retreading or similar heavy industrial uses). D. PUBLIC, INSTITUTIONAL & CIVIC USES. 1) Library; 2) Public assembly (churches, synagogues, temples, etc); 3) Governmental Offices, conference centers, civic buildings; 4) Trade or vocational schools; 5) Parking lots/ramps & transportation terminals ACCESSORY USES The following are permitted accessory uses in the Light Industrial District (I-1): A. ACCESSORY USES. 1) Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed thirty (30%) of the gross floor space as utilized by the principal use. 2) Off-street parking as regulated by Chapter 22 of this Ordinance, but not including offstreet parking for semi-trailer trucks; 3) Off-street loading facilities as regulated by Chapter 22 of this Ordinance; 4) Outdoor storage, sales, rental and service subject to Chapter 30/31 of this Ordinance CONDITIONAL USES The following are conditional uses in an I-1 District:. A. RESIDENTIAL USES. 1) Multiple-family dwellings up to twelve (12) units; provided that: i. There is adequate off-street parking in compliance with Chapter 22 of this Ordinance; ii. One (1) off-street loading space, if applicable, in compliance with Chapter 22 of this Ordinance; iii. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Chapter 27of this Ordinance; iv. All signing and informal or visual communication devices shall be in compliance with the applicable provisions of the City Code; v. The principal use structure is in compliance with the State Uniform Building Code; vi. Usable open space is equal to twenty (20%) of the gross lot area; B. NON-RESIDENTIAL USES. 1) Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community. 2) Residential programs/facilities, day care facilities, child care centers, retirement, nursing, assisted living, elderly homes or similar uses; provided, that: Effective December 13, 2010 / Page 84

85 CHAPTER 20: LIGHT INDUSTRIAL DISTRICT (I-1) SECTION , CONDITIONAL USES i. Only the rear yard shall be used for play or recreational areas, unless otherwise approved. Said side area shall be fenced, controlled and screened in compliance with Chapter 27 of this Ordinance; ii. The site and related parking/service entrances have direct access to an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated by the development. Vehicular entrances to parking or service areas shall create minimum conflicts with through traffic movement; iii. Adequate off-street parking is provided in compliance with Chapter 22 of this Ordinance; iv. Adequate off-street loading, as deemed applicable, is provided in compliance with Chapter 22 of this Ordinance; v. When abutting a residential district, a buffer area with screening and landscaping in compliance with Chapter 27 of this Ordinance shall be provided; vi. All State laws and statutes governing such use are strictly adhered to and all operating permits are secured; vii. All signing, informational or visual communication devices shall be in compliance with the applicable provisions of this Code. 3) Commercial car washes (drive-through, mechanical and self-service); provided that: i. Stacking space.is constructed subject to the approval of the City Engineer; ii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be screened in compliance with this Ordinance; iii. Parking or car storage space shall be screened from view of abutting residential districts in compliance with Chapter 27 of this Ordinance; iv. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage, of which is subject to the approval of the City Engineer; v. The entire area shall have a drainage system which is subject to the approval of the City; vi. All lighting shall be hooded and so directed so as not to be in violation of the provisions of Chapter 30 of this Ordinance; vii. Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer. 4) Kennels and veterinary clinics, animal hospitals, animal shelters and pet stores with outside pens or exercise yards and/or provide overnight stays; provided that: i. Any outside area used for pens and exercise yards shall be located at least 300 feet from any existing residential use or district; ii. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; iii. Adequate off-street parking is provided in compliance with Chapter 22 of this Ordinance; iv. Adequate off-street loading is provided in compliance with Chapter 22 of this Ordinance; v. Vehicular entrances to parking or service areas shall create minimum conflict with through traffic movement; vi. All signing and informational or visual communication devices shall be in compliance with the applicable provisions of this Ordinance. 5) Agricultural processing (including fertilizer manufacturing), grain elevator and feed Effective December 13, 2010 / Page 85

86 CHAPTER 20: LIGHT INDUSTRIAL DISTRICT (I-1) SECTION , CONDITIONAL USES mixing and grinding plants; asphalt and concrete batching or ready-mix plants; concrete or cement products manufacturing; battery manufacture; bulk fuel, or gas storage; slaughter of animals (excluding stock yards); tire recapping or retreading or other similar heavy industrial uses; provided that: i. A minimum lot area of 20,000 square feet and minimum lot width of 150 feet; ii. Drainage systems shall be subject to the approval of the City Engineer; iii. Lighting shall comply with the provisions of Chapter 30 of this Ordinance; iv. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 30 of this Ordinance; v. Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; vi. No outside storage except as allowed in compliance with Chapter 30 of this Ordinance. 6) Car impound lots (other than publicly owned); provided that: i. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage, subject to the approval of the City Engineer; ii. Drainage systems shall be subject to the approval of the City Engineer; iii. Lighting shall comply with the provisions of Chapter 30 of this Ordinance; iv. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 30 of this Ordinance; v. All fencing shall conform with the applicable provisions of the City Code; vi. Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; vii. No additional outside storage except as allowed in compliance with Chapter 30/31 of this Ordinance shall be allowed. 7) Salvage yards, wrecking yards, or waste recycling facilities, public utilities and public service uses to include: car impound lots, power production, waste and water treatment plants, solid waste transfer station, coal transfer stations and holding ponds, solid waste incineration or composting with or without energy recovery; provided that: i. Drainage systems shall be subject to the approval of the City Engineer; ii. Lighting shall to comply with the provisions of Chapter 30 of this Ordinance; iii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 30 of this Ordinance; iv. All fencing shall conform with the applicable provisions of the City Code; v. Exterior storage areas shall be screened from view in compliance with Chapter 30 of this Ordinance; vi. Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer. Effective December 13, 2010 / Page 86

87 CHAPTER 20: LIGHT INDUSTRIAL DISTRICT (I-1) SECTION , CONDITIONAL USES 8) Insecticide and pesticide, packaging only, and metal finishing, planting, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment; provided, that: i. Drainage systems shall be subject to the approval of the City Engineer; ii. Lighting shall to comply with the provisions of Chapter 30 of this Ordinance; iii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 30 of this Ordinance; iv. All fencing shall conform with the applicable provisions of the City Code; v. Exterior storage areas shall be screened from view in compliance with Chapter 30 of this Ordinance; vi. Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer. 9) Adult Establishments (all types). This citation is based on a report prepared entitled Report Of The Attorney General s Working Group On Regulation Of Sexually Oriented Businesses, dated June 6, 1989; other adjacent municipalities adopted regulations regarding adult uses and a review of zoning districts under this ordinance. The City has determined that adult uses will have secondary effects upon certain pre-existing land uses within the city. Therefore, adult uses can be reasonably allowed in the Light Industrial (I- 1) and Heavy Industrial (I-2) Districts if separated from certain sensitive land uses, provided that: i. No adult establishment shall be located less than 1,000 feet from the nearest property line of any land in a residential zone, planned unit development, residential uses, child care centers, day care facilities, school, religious institution, park, public recreational facility, library, establishment with a liquor license, playground or any similar sensitive use as determined by the City, whether within the city limits or not; ii. No adult establishment may be located less than five hundred feet (500 ) from any other adult establishment, whether within city limits or not. Measurements shall be made in a direct line from the property line of the premises where each use is located; iii. Off-site visibility: Any business operating as an adult establishment shall prevent visibility of its merchandise from public streets, sidewalks, parking lots or any areas outside of the building; iv. All entrances to the building (other than fire exits not useable by patrons) should be visible from the public right-of-way; v. Signage: Signs shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation; vi. Minors: No minor shall be permitted on the premises of any adult establishment; vii. Other requirements may apply as determined through the Conditional Use Permit process, as deemed appropriate by the Planning Commission and City Council MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in the I-1 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. Effective December 13, 2010 / Page 87

88 CHAPTER 20: LIGHT INDUSTRIAL DISTRICT (I-1) SECTION , MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS LOT/PARCEL DIMENSIONAL STANDARDS USE TYPE LOT AREA LOT WIDTH LOT DEPTH AS PERMITTED NONE NONE NONE B. SETBACKS. 1) Front Yard: None or as otherwise required per building codes. 2) Side & Rear Setbacks: None or as otherwise required per building codes MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Principle Building: None. 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance. Effective December 13, 2010 / Page 88

89 CHAPTER 21: HEAVY INDUSTRIAL DISTRICT (I-2) PURPOSE & INTENT It is the purpose of the I-2 Heavy Industrial District to provide an area that will accommodate industries not permitted in other districts. However, these uses should not endanger the health, safety or general welfare of the City or its residents PERMITTED USES The following are permitted uses in the Heavy Industrial District (I-2) district: A. RESIDENTIAL USES. 1) Residential uses; provided that one (1) dwelling unit shall be allowed per commercial structure and shall be incorporated into the structure. Residential uses shall not be located at ground level/first floor of any commercial structure in this district; 2) Trailer Parks and Camping Facilities: camping facilities for tourists provided that any boundary line associated with the facility is at least 300 feet from any existing residential district. B. NON-RESIDENTIAL USES. 1) Animal Related Services; inclusive of: i. Veterinary clinics/hospitals/shelters (no overnight care, no outside pens); ii. Pet Shops (no outside pens, kennels or exercise yards). 2) Entertainment & Recreational Activities; inclusive of: i. Art Galleries; ii. Museums; iii. Bowling Alley; iv. Billiards; v. Indoor Recreation; vi. Studios/Dance; vii. Miniature Golf; viii. Golf Driving Range; ix. Theatres (drive-up requires six (6) foot obscuring fence); x. Amusement Parks (go-kart tracks shall be at least 300 feet from any residential district); 3) Vehicles and Equipment; inclusive of: i. Auto Service Station; ii. Automobile Repair (Major, Minor & tire sales); iii. Agricultural Implements/Dealerships; iv. Automobile Sales & Rentals (includes dealerships/implements) v. Heavy Equipment Sales, Service, Repair 4) Personal Services; inclusive of: i. Dry Cleaning; ii. Laundromat; iii. Incidental Repair; iv. Shoe Repair/Sales; v. Sewing/Tailor; vi. Massage Treatments; vii. Tanning Salon; viii. Barber/Beauty Shop; ix. Drug/Pharmaceuticals; x. Employment Agencies; xi. Health Clubs; xii. Mortuaries/Funeral. 5) Professional Services/Commercial Offices; inclusive of: i. Locksmith; ii. Dental/Hygienic; iii. Medical/Clinics/Hospitals; iv. Chiropractic; v. Travel Agency; vi. Real Estate; vii. Architecture/Design; viii. Engineering; ix. Accounting; x. Property Mgmt; xi. Contracting (office); xii. Insurance Sales/Claims; xiii. Plumbing/Heating/Electrical Shops/Sales; Effective December 13, 2010 / Page 89

90 CHAPTER 21: HEAVY INDUSTRIAL DISTRICT (I-2) SECTION , PERMITTED USES xiv. Electrical/Heating/Air Conditioning/Masonry/Refrigeration/Roofing or similar contracting businesses where outside equipment or storage does not exceed 20,000 square feet, provided the area is effectively screened by a site obscuring fence at least six (6) feet in height; xv. Investment (banks, savings, loans, credit unions, etc); xvi. Professional Services or Commercial Offices of similar use/type/intent. 6) General Retail; inclusive of: i. Paint/Decor Store; ii. Book Store; iii. Camera/Photographic/Film; iv. Bicycle Sales/Repair; v. Essential Services; vi. Gift Store/Novelties; vii. Jewelry Sales; viii. Appliance Sales; ix. Hobby Shop; x. Florists; xi. Tobacco Shop; xii. Health Food/Products; xiii. Dairy Product Retail; xiv. Clothing/Apparel; xv. Antique Store; xvi. Variety Store; xvii. Hardware; xviii. Pawn Shops; xix. Tattoo Shops; xx. Sporting Goods; xxi. Toy/Game Stores; xxii. Nurseries/Landscape/Garden Centers; xxiii. General Sales/Repair (clocks, watches, vacuums, dry goods, fabric, auto part sales, postage, appliances, copies, televisions, electronics or other similar uses); xxiv. Music/Record Stores (including instruments); xxv. Convenience Store (with or without fuel sales); xxvi. Department/Discount; xxvii. Hunting goods / firearms / with other merchandise sales. 7) Food and Beverage Services; inclusive of: i. Bakery (goods/retail); ii. Delicatessen/Prepared Food Sales; iii. Nightclubs; iv. Cocktail Lounges; v. Liquor Stores (on/off sale); vi. Clubs/Lodges; vii. Restaurants, Cafes; viii. Bars, Liquor Sales; ix. Dairy Product Retail; x. Meat or Produce Market (non-processing); xii. Truck Stops/Drive-thru Restaurants (parking lots shall be 150 feet from any existing residential district); xiii. Candy/Ice Cream/Frozen Desserts; xiv. Grocery, Supermarket, Fruit/Vegetable Store (non-vehicle or movable sales). xv. Bottling/Distribution Facilities 8) Lodging Facilities; inclusive of: i. Motels/Motor Hotels; ii. Hotels. C. INDUSTRIAL USES. 1) Manufacturing, Production (light assembly), Warehouse, Storage & Waste; inclusive of: i. Bldg Material Sales (non-lumber yard); ii. Lumber Yards (outside storage shall be screened by a six (6) foot obscuring fence); iii. Modular (Factory Built) Home Sales; iv. Carpentry/Cabinets; v. Furniture Sales/Assembly; vi. Furniture Re-finishing; vii. Mini-Storage/Warehouse/Rental Facilities; viii. Assembly/Processing of non-offensive materials (appliances, electrical equipment, medical, dental, advertising products, scientific or other similar uses); ix. Highway/Street Maintenance Facilities x. Research/Development/Testing Laboratories/Facilities; xi. Fabrication, Machining, Processing, Packing/Packaging, Freight or general light industrial uses (non inclusive of agricultural fertilizer/pesticide processing/sales, batch plants, concrete Effective December 13, 2010 / Page 90

91 CHAPTER 21: HEAVY INDUSTRIAL DISTRICT (I-2) SECTION , PERMITTED USES plants, grain elevators, bulk fuel sales, grinding plants, feed mixing, slaughter facilities, tire recapping/retreading or similar heavy industrial uses). D. PUBLIC, INSTITUTIONAL & CIVIC USES. 1) Library; 2) Public assembly (churches, synagogues, temples, etc); 3) Governmental Offices/Buildings, conference centers, civic buildings; 4) Trade or vocational schools; 5) Parking lots/ramps & transportation terminals ACCESSORY USES The following are permitted accessory uses in the Heavy Industrial District (I-2): A. ACCESSORY USES. 1) Commercial uses within a building/structure that are accessory to the principal use but such use shall not exceed thirty (30%) of the gross floor space as utilized by the principal use. 2) Off-street parking as regulated by Chapter 22 of this Ordinance, but not including offstreet parking for semi-trailer trucks; 3) Off-street loading facilities as regulated by Chapter 22 of this Ordinance; 4) Outdoor storage, sales, rental and service subject to Chapter 30/31of this Ordinance CONDITIONAL USES A. NON-RESIDENTIAL USES. 1) Publicly regulated utility buildings, structures necessary for the health, safety and general welfare of the community. 2) Commercial car washes (drive-through, mechanical and self-service); provided that: i. Stacking space.is constructed subject to the approval of the City Engineer; ii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be screened in compliance with this Ordinance; iii. Parking or car storage space shall be screened from view of abutting residential districts in compliance with Chapter 27 of this Ordinance; iv. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage, of which is subject to the approval of the City Engineer; v. The entire area shall have a drainage system which is subject to the approval of the City; vi. All lighting shall be hooded and so directed so as not to be in violation of the provisions of Chapter 30 of this Ordinance; vii. Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer. 3) Kennels and veterinary clinics, animal hospitals, animal shelters and pet stores with outside pens or exercise yards and/or provide overnight stays; provided that: Effective December 13, 2010 / Page 91

92 CHAPTER 21: HEAVY INDUSTRIAL DISTRICT (I-2) SECTION , CONDITIONAL USES i. Any outside area used for pens and exercise yards shall be located at least 300 feet from any existing residential use or district; ii. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated; iii. Adequate off-street parking is provided in compliance with Chapter 22 of this Ordinance; iv. Adequate off-street loading is provided in compliance with Chapter 22 of this Ordinance; v. Vehicular entrances to parking or service areas shall create minimum conflict with through traffic movement; vi. All signing and informational or visual communication devices shall be in compliance with the applicable provisions of this Ordinance. 4) Agricultural processing (including fertilizer manufacturing), grain elevator and feed mixing and grinding plants; asphalt and concrete batching or ready-mix plants; concrete or cement products manufacturing; battery manufacture; bulk fuel, or gas storage; slaughter of animals (excluding stock yards); tire recapping or retreading or other similar heavy industrial uses; provided that: i. A minimum lot area of 20,000 square feet and minimum lot width of 150 feet; ii. Drainage systems shall be subject to the approval of the City Engineer; iii. Lighting shall comply with the provisions of Chapter 30 of this Ordinance; iv. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 30 of this Ordinance; v. Vehicular access points and curb cuts to the business shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; vi. No outside storage except as allowed in compliance with Chapter 30/31 of this Ordinance. 5) Salvage yards, wrecking yards, car impound lots, or waste recycling facilities, public utilities and public service uses to include: car impound lots, power production, waste and water treatment plants, solid waste transfer station, coal transfer stations and holding ponds, solid waste incineration or composting with or without energy recovery; provided that: i. Drainage systems shall be subject to the approval of the City Engineer; ii. Lighting shall to comply with the provisions of Chapter 30 of this Ordinance; iii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 30 of this Ordinance; iv. All fencing shall conform with the applicable provisions of the City Code; v. Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer; vi. No additional outside storage except as allowed in compliance with Chapter 30/31of this Ordinance shall be allowed. Effective December 13, 2010 / Page 92

93 CHAPTER 21: HEAVY INDUSTRIAL DISTRICT (I-2) SECTION , CONDITIONAL USES 6) Insecticide and pesticide, packaging only, and metal finishing, planting, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment; provided, that: i. Drainage systems shall be subject to the approval of the City Engineer; ii. Lighting shall to comply with the provisions of Chapter 30 of this Ordinance; iii. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 30 of this Ordinance; iv. All fencing shall conform with the applicable provisions of the City Code; v. Exterior storage areas shall be screened from view in compliance with Chapter 30/31 of this Ordinance; vi. Vehicular access points and curb cuts to the facility shall be limited in order to maintain efficient transportation systems and to reduce conflicts with through traffic. Site plans and access configurations shall be subject to the approval of the City Engineer. 7) Adult Establishments (all types). This citation is based on a report prepared entitled Report Of The Attorney General s Working Group On Regulation Of Sexually Oriented Businesses, dated June 6, 1989; other adjacent municipalities adopted regulations regarding adult uses and a review of zoning districts under this ordinance. The City has determined that adult uses will have secondary effects upon certain pre-existing land uses within the city. Therefore, adult uses can be reasonably allowed in the Light Industrial (I- 1) and Heavy Industrial (I-2) Districts if separated from certain sensitive land uses, provided that: i. No adult establishment shall be located less than 1,000 feet from the nearest property line of any land in a residential zone, planned unit development, residential uses, child care centers, day care facilities, school, religious institution, park, public recreational facility, library, establishment with a liquor license, playground or any similar sensitive use as determined by the City, whether within the city limits or not; ii. No adult establishment may be located less than five hundred feet (500 ) from any other adult establishment, whether within city limits or not. Measurements shall be made in a direct line from the property line of the premises where each use is located; iii. Off-site visibility: Any business operating as an adult establishment shall prevent visibility of its merchandise from public streets, sidewalks, parking lots or any areas outside of the building; iv. All entrances to the building (other than fire exits not useable by patrons) should be visible from the public right-of-way; v. Signage: Signs shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation; vi. Minors: No minor shall be permitted on the premises of any adult establishment; vii. Other requirements may apply as determined through the Conditional Use Permit process, as deemed appropriate by the Planning Commission and City Council PROHIBITED USES The following are prohibited uses in the I-2 District: A. PROHIBITED USES. 1) Acetylene gas manufacturing, ammonia or chlorine manufacturing, anhydrous ammonia bulk storage plants, any other trade, industry or use that will be injurious, hazardous or offensive to an extent equal to or greater than those listed above. Effective December 13, 2010 / Page 93

94 CHAPTER 21: HEAVY INDUSTRIAL DISTRICT (I-2) SECTION , PROHIBITED USES MINIMUM DIMENSIONAL REQUIREMENTS & STANDARDS The following minimum requirements shall be observed in the I-1 District subject to the additional requirements, exceptions and modifications set forth in this Ordinance. A. LOT DIMENSIONAL STANDARDS. LOT/PARCEL DIMENSIONAL STANDARDS USE TYPE LOT AREA LOT WIDTH LOT DEPTH AS PERMITTED NONE NONE NONE B. SETBACKS. 1) Front Yard: None or as otherwise required per building codes. 2) Side & Rear Setbacks: None or as otherwise required per building codes MAXIMUM BUILDING HEIGHT A. BUILDING HEIGHT. For additional information on calculating building heights see Chapter 3, Section ) Principle Building: None. 2) Accessory Buildings: As governed by Chapter 31 of this Ordinance. Effective December 13, 2010 / Page 94

95 CHAPTER 22: OFF-STREET PARKING REQUIREMENTS AND STANDARDS PURPOSE & INTENT The regulation of off-street parking spaces in this zoning ordinance is to alleviate and/or prevent congestion within the public right-of-way. The regulations are intended to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking (motorized vehicles) in accordance with the utilization of various parcels of land. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts within city limits SITE PLAN REQUIREMENTS All applications for a building permit, certificate of occupancy or other planning permits/approvals as required under this ordinance shall be accompanied by a site plan. Site plans shall be drawn to scale (and accurately dimensioned) indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this Chapter. All site plans for single-family homes must provide for the location of at least a two (2) stall garage, except for the R-1 District, where the plan must provide for the location of at least a one (1) stall garage GENERAL PROVISIONS A. GENERAL PROVISIONS. 1) Floor Area: The term floor area for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor dimensions of the buildings, structures or use times the number of floors, minus ten (10%), unless otherwise modified by this Ordinance. Where mechanical spaces, storage areas, or other unoccupied areas exceed ten (10%) of the area of a building or structure, the area in excess of the ten (10%) may be deducted from the gross floor area; 2) Reduction of Existing Off-Street Parking Space: Off-street parking spaces existing upon the effective date of this Chapter shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use; 3) Nonconforming Structures: Should a nonconforming structure or use be damaged or destroyed by fire, it may be re-established if elsewhere permitted in these zoning regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained, if deemed appropriate by the City (see Chapter 5, Non- Conforming Structures, Section for additional information; 4) Change of Use or Occupancy of Land: No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls or parking requirements below the minimum prescribed by these zoning regulations; 5) Change of Use or Occupancy of Buildings: Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations; 6) Calculating Space: i. When determining the number of off-street parking spaces results in a fraction, each fraction over ½ shall constitute another space; ii. In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, Effective December 13, 2010 / Page 95

96 CHAPTER 22: OFF-STREET PARKING REQUIREMENTS & STANDARDS SECTION , GENERAL PROVISIONS iii. each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements; iv. Except as provided for under joint parking and shopping centers, should a structure contain two (2) or more types of use, the sum of each shall be calculated separately and shall be used for determining the total off-street parking required. B) STALL, AISLE AND DRIVEWAY DESIGN. 1) Parking Space Size: Each parking space shall not be less than nine (9) feet wide and eighteen (18) feet in length, and each space shall be served by adequate access aisles. Accessible stalls shall meet the requirements of the Building code; 2) Off-Street Parking Facilities: All off-street parking facilities shall be designed and constructed with appropriated means of vehicular access to a public street; 3) Within Structures: Off-street parking requirements may be met by providing space(s) within the principal building or within an attached structure; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit, living area or other activity until verification is provided that all off-street parking provisions within this Ordinance have been satisfactory met; 4) Circulation: Except in the case of single-family, two-family and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family and townhouse dwellings, parking design which requires backing into the public street is prohibited; 5) R-1 District: The required parking spaces serving existing dwellings in the R-1 District may be designed for parking not more than two (2) vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this Ordinance; 6) Compliance: Except in the case of single-family, two-family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the standards on the Parking Lot Dimension Table, included at the end of this Chapter; 7) Grade: The grade of any parking area shall not exceed five (5%); 8) Surfacing: Except in the case of farm dwellings and operations, seasonal recreational uses, and residential uses in the TZ District, driveways and parking stalls shall be surfaced with asphalt or concrete. In industrial zones, driveways and parking stalls may be surfaced with gravel, crushed concrete, or other materials equivalent in controlling dust and drainage, as approved by the City Engineer. Gravel (or other similar materials) shall only be used when fewer than five (5) parking stalls are required. Any approval for surfaces other than asphalt or concrete shall be contingent upon submittal of a grading plan and City Engineer approval. Site or construction plans to improve a driveway (surface improvements/drainage) or parking lots for five (5) or more vehicles shall be submitted to the City Engineer for review. All grading and drainage plans are subject to the approval of the City Engineer. At any time an improvement is made which increases the demand for parking spaces, as a condition of the building permit or any other permit as authorized under this Ordinance, all nonconforming parking lot surfaces or driveways existing on the lot in question must be brought to full compliance; 9) Striping: Except for single-family, two-family, and townhouse dwellings, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide or blue lines as required for disabled parking; 10) Lighting: Any lighting used to illuminate an off-street parking area shall be hooded and located to reflect the light away from adjoining property, abutting residential uses and public rights-of-way; 11) Required Screening: All open off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting residential districts; Effective December 13, 2010 / Page 96

97 CHAPTER 22: OFF-STREET PARKING REQUIREMENTS & STANDARDS SECTION , GENERAL PROVISIONS 12) Driveway Turn Arounds: In the case of single-family, two-family and townhouse dwellings, which abut streets designated as collector, minor arterial or principal arterial (City s Comprehensive Plan), the installation of a vehicle turn-around space, immediately adjacent to the access driveway shall be considered. Said space shall be no larger than ten (10) feet wide and fifteen (15) feet in length. Where possible, said space shall be located away from the principal structure and shall be no closer than twenty (20) feet from the street surface. Said space is not to be utilized for parking purposes MAINTENANCE RESPONSIBILITIES It shall be the responsibility of the owner of the principal use, uses or buildings to maintain the parking space, access ways, striping and required screening PLACEMENT All off-street parking spaces will be regulated as follows: A. PLACEMENT. 1) Location: Off-street parking spaces required by Section must be on the same lot under the same ownership as the principal use being served, except off-street parking spaces regulated by Sections and ; 2) Head-In Parking Prohibited: Except for single-family, two-family and townhouse dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street shall be prohibited; 3) No Parking Area: The boulevard portion of the street right-of-way may not be used for parking unless approved by the City; 4) Setback Area: Required off-street parking shall not be provided in required front yards or in required side yards in the case of corner lots, in residentially zoned districts; 5) Location of Spaces for One- and Two-Family Dwellings: Required off-street parking spaces for one- and two-family dwellings must be in the rear yard, side yards, garage, or car port. Parking spaces, including their access drives, provided in addition to required spaces must be paved with asphalt or concrete when such spaces are located in a front or side yard. Spaces in a rear yard may be surfaced with gravel; 6) Recreational Equipment, Recreational Vehicles, Utility Trailers or Equipment, and Off- Road Vehicles: Recreational equipment, recreational vehicles, utility trailers or equipment, and off-road vehicles kept in a front or side yard must be parked on a paved surface. Recreational equipment, recreational vehicles, utility trailers or equipment, and off-road vehicles kept in a rear yard may be parked on an unpaved surface; 7) Enforcement: Violations may be enforced through tagging USE OF REQUIRED AREA Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, repair work, storage of inoperable vehicles and/or storage of snow ACCESSIBLE PARKING SPACES Accessible parking spaces shall be provided in accordance with the State Building Code OFF-STREET PARKING SCHEDULE The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for the life of the respective uses herein set forth. Uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the Zoning Administrator. Factors to be considered in such determination shall include (without limitation) size of buildings, type of Effective December 13, 2010 / Page 97

98 CHAPTER 22: OFF-STREET PARKING REQUIREMENTS & STANDARDS SECTION , OFF-STREET PARKING SCHEDULE use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles. Off-Street parking is not required for existing structures in the C-2 Central Business District. New or enlarged structures must be provided with off-street parking as required by this Ordinance. OFF-STREET PARKING SCHEDULE, TABLE. ( du = dwelling unit; sf = square feet; gfa = gross floor area USE CATEGORY USE TYPE NUMBER OF SPACES REQ. RESIDENTIAL USES Household Living Group Living All Use Types Not Listed Below Multi-Family Efficiency Unit Elderly (Senior Citizen Housing) Nursing Home / Assisted Living Facilities / Similar Uses 2/du 2/du for one and two bedroom units 2.5/du for three or more bedroom units - if fee is charged for a parking space above and beyond the rent it does not count towards parking space requirements 1.5/du 1 space per unit or as determined in coordination with the City 1 space for every four residents/patients plus 1 space for every two employees - adequate space shall be provided for emergency response vehicles/equipment Child Care Center/Facilities Child Care Centers/Facilities, Residential Facilities/Programs or Day Care Facilities within Commercially/Industrial Zone Districts 1/400 sf gfa and 1 space reserved for the pickup/delivery of children per every 800 sq ft of gfa COMMERCIAL USES Financial Food & Beverage Services Lodging Facilities Professional Offices, Businesses Health Care Facilities Financial Institutions Financial Institution with Drive-Thru Service All Use Types Not Listed Below Restaurant with Drive-in All Use Types Not Listed Below Hotels, Motels, Lodges and Cabins All Use Types Medical Clinics/Dental Offices or Similar Uses Hospitals 3 spaces per 1000 square feet of gross floor area 1 space for each two drive-in units plus drive aisle stacking space of 50 feet for each drive-in unit 1 space for each 60 sq ft of gross floor area of dining & bar area & 1 space for each 200 sq ft of kitchen area 1 space per 2 seating accommodations plus 1 space for every 2 employees. 1 space for each guest plus 2 spaces for any owner/manager or residents that live on the premises. 1 space per room/suite plus 2 spaces for every five employees 3 spaces per 1,000 square feet of gross floor area 1/300 square feet of gross floor area 1 space for every 2 patient beds, plus 1 additional space for each doctor including visiting doctors, plus 1 space for every 2 employees (including nurses) and loading/unloading space as applicable or required under this Ordinance Effective December 13, 2010 / Page 98

99 Retail Sales, Service Vehicles & Equipment Recreational & Entertainment Use Types Not Listed Below Retail Sales/Service Business w/ 50% or more gfa devoted to storage, warehouse or industry Shopping Centers Auto Service Station Auto Repair (Minor & Major), Auto Sales & Rental Bowling Alleys Theatres, Civic Centers, Stadiums, Sports Arenas or Similar Uses 5 spaces per 1,000 square feet of gross floor area 3 spaces per 1,000 sq ft gfa for area devoted to sales/retail and 1 space per 1,000 sq ft gfa for storage/warehouse uses 3 spaces per 1,000 sq ft gfa (non inclusive of common areas or unleasable gross floor area) 4 off-street spaces (minimum) plus an additional 3 spaces for each service (repair) stall. - Convenience stores, auto part stores or retail space shall be calculated pursuant to the Retail Use Category 3 spaces per repair stall plus 1 space per employee 3 spaces per alley, plus 1 space per every two employees 1 space for every 4 seats, plus 1 space for every 2 employees PUBLIC, INSTITUTIONAL & CIVIC USES Community & Cultural Facilities Public Assembly (all use types not listed below) Community Centers, Library, Museums or similar uses 1 space for every 4 seats, plus 1 space per employee 1/250 square feet of gross floor area Government Post Office 1/400 square feet of gross floor area Educational Institutions Transportation Elementary, Junior High (public or private) High School, Secondary, Trade, Vocational Transportation Terminals 1 space per classroom plus an additional space for every 50 students (capacity) 1 space for every 7 students or per design capacity plus 1 space per classroom 8 off-street spaces (minimum) plus 1 space per 800 sq ft of gfa over an initial 1,000 sq ft limit INDUSTRIAL USES Industrial/Manufacturing Warehouse, Storage/Handling of Bulk Freight Warehouse/Wholesale Car Wash (drive-thru and self-service) 1 space per every 1 ½ employees on shift (based on largest shift) plus 1 truck/loading space per every 7,500 sq. ft gfa (or as determined appropriate) Any office/retail space shall comply with the applicable Use Category ; additionally, 1 space per employee on shift (based on largest shift) and 1 space per company truck (if stored externally) 1 space per employee on shift (based on largest shift) plus 1 truck space for every 7,500 sq ft gfa (or as deemed appropriate) 1 space per employee on shift, minimum 1 space required JOINT FACILITIES The Council may approve an agreement between one or more businesses to provide the required off-street parking facilities by joint use on one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. A. GENERAL INFORMATION. 1) Theaters, Bowling Alleys, Bars, Restaurants and similar uses: Up to fifty (50%) of the parking facilities required for these uses may be supplied by off-street parking facilities for uses (daytime) as specified within subsection [4] below; Effective December 13, 2010 / Page 99

100 CHAPTER 22: OFF-STREET PARKING REQUIREMENTS & STANDARDS SECTION , JOINT FACILITIES 2) Daytime Uses: Up to fifty (50%) of the off-street parking facilities required for any use specified under subsection [4] as primarily daytime uses may be supplied by the parking facilities provided by the following night time or Sunday uses: auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theaters, bars, apartments, restaurants or similar uses; 3) Church or Auditorium Incidental to Public/Parochial School: Up to eighty (80%) of the parking facilities required by this Ordinance for a church or for an auditorium incidental to public or parochial school may be supplied by the off-street parking facilities provided by uses specified in subsection [4] as primarily daytime uses; 4) Daytime Uses Defined: For the purposes of this Section, the following uses are considered as primarily daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses. A. CONDITIONS REQUIRED FOR JOINT USE. 1) The building or use for which a request is being made to utilize the off-street parking facilities provided by another building or use shall be located within 800 feet of such parking facilities; 2) Documentation as specified by the City shall be submitted demonstrating that there is not substantial conflict in the principal operating hours of the buildings or uses (for which joint use of off-street parking facilities is proposed); 3) A properly drawn legal instrument, executed by the parties concerned for joint use of offstreet parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the Clay County Recorder MIXED USES In cases of mixed uses, the parking spaces required shall be the sum of the requirements for the various individual uses, computed separately DESIGN STANDARDS A. DESIGN STANDARDS. 1) All off-street automobile parking facilities shall be designated with appropriate means of vehicular access to a street or alley as well as maneuvering areas, as applicable. Detailed plans shall be submitted to the proper official for approval for all curb cuts or driveway openings before a permit may be obtained;. 2) Parking areas shall be paved with an asphalt or concrete surfacing (unless otherwise set forth under section ), afford adequate drainage and shall have bumper guards where needed; 3) Off-street parking areas for one or two-family uses shall be in the rear, side yards, garage, carport, upon a well-defined driveway or in an area not to exceed twelve (12) feet in width abutting the driveway on one side only in the front yard. The parking area designated in the front yard abutting the driveway shall be surfaced with either concrete, asphalt or in cases or existing gravel driveways; gravel may be used for such additional parking; 4) Off-street parking areas for multiple-family units of three (3) or more shall park on a designated parking lot. In no case, unless approved by the Building Official in the issuance of a building permit or by the City Council in cases of conditional uses, shall Effective December 13, 2010 / Page 100

101 CHAPTER 22: OFF-STREET PARKING REQUIREMENTS & STANDARDS SECTION DESIGN STANDARDS parking be permitted on the front yard except within the limitation as required in the planned unit development section, Chapter 24, of this Ordinance; 5) Parking areas shall be used for automobile parking only. Residential parking areas shall not be utilized to complete any type of sales and shall not be used to store vehicles, complete repair work or dismantle/servicing of any manner; 6) If lighting is provided, it shall be arranged to reflect away from the residential area, and also away from any public street or highway; 7) Violations shall be enforced through tagging LOADING SPACE Facilities and uses that require loading and unloading space, inclusive of wholesale food markets, warehouses, supply stores, wholesale distributors, manufacturing, hotels, hospitals, dry cleaning establishments or buildings that accommodate large amounts of freight shall meet the following requirements: 1) Buildings in excess of 7,500 square feet of floor area: one (1) loading space plus one (1) additional loading and unloading space for each additional 12,000 square feet of floor area; 2) Each loading space shall be not less than twelve (12) feet in width, thirty-five (35) feet in length, and fifteen (15) feet in height PARKING LOTS - COMMERCIAL/INDUSTRIAL USES At the discretion of the City Council, permission may be granted, temporary or permanent in nature, for the use of property within a Residential District for vehicular parking, provided that: A. PARKING LOTS FOR COMMERCIAL/INDUSTRIAL USES WITHIN AREAS ZONED RESIDENTIAL. 1) The lot shall be authorized only for the parking of passenger automobiles of employees, customers, or guests associated with the individual/entity that controls, owns or operates the lot. This individual/entity shall be responsible for its maintenance; 2) The parking lot shall be adequately screened from the street and from any adjoining property in a Residential District. Screening should include an obscuring fence or wall not less than five (5) feet high and shall be located along the property line to mitigate any impacts on adjacent properties; all lighting shall be arranged to reduce and/or eliminate any unnecessary glare towards or upon adjoining property in a Residential District. The parking lot surface shall be smoothly graded, hard surfaced, and adequately drained; 3) The parking lot owner/operator is prohibited from charging fees or any other form of compensation for use of the lot; 4) The lot shall not be used for sales, repair work or any servicing of any manner; 5) Access to and from the parking lot should be designed/arranged in such a manner to reduce and/or eliminate any negative impacts that may be realized by the adjacent Residential District(s); 6) No advertising signs or material shall be allowed on the parking lot; 7) All striped parking spaces shall be located within the setback regulations as established in the associated zoning district, unless otherwise issued a variance; 8) Such other conditions as may be deemed necessary by the City Council to protect the character of the Residential District. Effective December 13, 2010 / Page 101

102 CHAPTER 23: WIND ENERGY CONVERSION SYSTEMS (WECS) PURPOSE & INTENT The purpose of this Chapter is to establish standards and procedures by which the installation and operation of Wind Energy Conversion Systems (WECS) shall be governed within the City APPLICATION Wind conversion systems may be allowed as a conditional use within any non-residential zoning district of the City, subject to the regulations and requirements of this Chapter DECLARATION OF CONDITIONS The Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this Chapter SITE PLAN REQUIRED All applications for WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimension, displaying the following information: A. SITE PLAN REQUIREMENTS. 1) Lot lines and dimensions; 2) Location and height of all buildings, structures, above ground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors; 3) Locations and height of all adjacent buildings, structures, above ground utilities and trees located within 350 feet of the exterior boundaries of the property in question; 4) Existing and proposed setbacks of all structures located on the property in question; 5) Sketch, elevation drawing or diagram of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots COMPLIANCE WITH STATE BUILDING CODE Standard drawings of the structural components of the WECS and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code, with specific attention given to wind and ice loads. Drawings and engineering calculations shall be certified by a registered Minnesota Professional Engineer COMPLIANCE WITH ELECTRICAL CODE WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the City MANUFACTURER WARRANTY The applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within the City. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions. Effective December 13, 2010 / Page 102

103 CHAPTER 23: WIND ENERGY CONSERVATION SYSTEMS (WECS) SECTION , DESIGN STANDARDS DESIGN STANDARDS A. DESIGN STANDARDS. 1) Height: In determining the height of the WECS, the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor. The permitted maximum height of a WECS shall be determined according to the following ways: i. A ratio of one (1) foot to (1) foot between the distance of the closest property line to the base of the WECS to the height of the system; or ii. A maximum system height of 50 feet. iii. The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA Regulation part 77 Objects Affecting Navigable Air Space and/or MnDOT Rule 14, MCAR Criteria for Determining Obstruction to Air Navigation. 2) Setbacks: No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback and in no event shall any part of the system be within ten (10) feet of any property line. WECS towers shall be set back from the closest property line one (1) foot for every one (1) foot of system height. WECS shall not be located within thirty (30) feet of an above ground utility line; 3) Rotor Size: All WECS rotors shall not exceed twenty-six (26) feet in diameter; 4) Rotor Clearance: Blade-arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a 200 foot radius; 5) Rotor Design: The blade design and materials are to be designed and constructed to ensure safe operation in an urban area; 6) Rotor Safety: Each WECS shall be equipped with both a manual and automatic braking device capable of stopping WECS operation in high wind (40 MPH or greater) or in conditions of imbalance; 7) Lightning Protection: Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City; 8) Component Compatibility: The wind turbine and wind turbine tower are to be designed and constructed to be compatible; 9) Tower Access: To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: i. Tower climbing apparatus shall not be located within twelve (12) feet of the ground; ii. A locked anti-climb device shall be installed on the tower; iii. Any tower capable of being climbed shall be enclosed by a locked, protective fence at least six (6) feet high. 10) Signs: WECS shall have one (1) sign, not to exceed two (2) square feet at the base of the tower and said sign shall contain the following information: i. Warning high voltage; ii. Manufacturer s name; iii. Emergency phone number; iv. Emergency shutdown procedures. 11) Lighting: WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA Regulations part 77 Objects Affecting Navigable Air Space and FAA Advisory Circular 70/7460-1F, Effective December 13, 2010 / Page 103

104 CHAPTER 23: WIND ENERGY CONSERVATION SYSTEMS (WECS) SECTION , DESIGN STANDARDS 12) Lighting: WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA Regulations part 77 Objects Affecting Navigable Air Space and FAA Advisory Circular 70/7460-1F, September 1978 Obstruction Marking and Lighting ; 13) Electromagnetic Interference: WECS shall be designed and constructed so as not to cause radio and television interference; 14) Noise Emissions: Noises emanating from the operation of WECS shall be in compliance with and regulated by the Sate Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended; 15) Utility Company Interconnection: No WECS shall be interconnected with the local electrical utility company until the utility company reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the City ORNAMENTAL WIND DEVICES Ornamental wind devices that are not a WECS shall be exempt from the provisions of this Chapter and shall conform to other applicable provisions of this Ordinance and the City Code BUILDING PERMIT REQUIRED A building permit shall be required for the installation of a WECS in the City INSPECTION The City hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation ABANDONMENT Any WECS or tower which is not used for six (6) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Effective December 13, 2010 / Page 104

105 CHAPTER 24: PLANNED UNIT DEVELOPMENT (PUD) OVERLAY PURPOSE & INTENT A Planned Unit Development may be established in any residential district under the conditional-use process described under Chapter 6 of this Ordinance. A PUD is a designated parcel of land that encourages a creative approach to the use of land by allowing considerable flexibility in the design of the site and buildings. Specific aspects of flexibility (including permitted uses, dimensional requirements, densities, dedication requirements, etc) shall be contingent upon review and approval by the Planning Commission and the City Council, pursuant to the conditional use permit process, and upon such approval, shall prevail over conflicting requirements listed elsewhere within this Ordinance or within the Dilworth Subdivision Ordinance. The intent of the PUD regulations is to permit greater flexibility and, consequently, more creative and imaginative design for the development of residential areas than under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural scenic qualities of open spaces COORDINATING REGULATORY DOCUMENTS A. COORDINATION WITH SUBDIVISION ORDINANCE REGULATIONS. 1) It is the intent of this Ordinance that subdivision review, under the Subdivision Regulation Ordinance, be carried out simultaneously with the review of a Planned Unit Development under this section of the Zoning Ordinance; 2) The development plans submitted under this section must be submitted in a form which will satisfy the requirements of the Subdivision Regulation Ordinance for preliminary and final plats; 3) The requirements for both this Section of the Zoning Ordinance and those of the Subdivision Regulations shall apply to all Planned Unit Developments, and all actions of the City Council pertaining to Planned Unit Developments shall be based upon a recommendation by the Planning Commission LOT REQUIREMENTS A. GENERAL REQUIREMENTS. 1) Harmony: The Planned Unit Development shall be planned, designed and landscaped in such a manner as to blend and harmonize with the surrounding adjacent areas; 2) Yard Requirements: Minimal specifications for yard requirements are imposed to allow design flexibility. However, side yard and backyard requirements shall conform along the developments outermost lot line to the side yard and backyard requirements of the adjacent district. Except in the case of higher density, multi-family, or non-residential development where there must be a minimum thirty (30) foot buffer zone along adjacent, low-density residential districts. The buffer zone must be kept free of buildings or structures and must be landscaped, screened or protected by natural features, so that adverse effects on surrounding areas are minimized; 3) Front Yard: Minimum front yard setback requirements are intended to provide privacy and usable yard area for residents. Front yard setbacks may be reduced at the discretion of the city through the PUD process if the applicant can implement/accomodate appropriate screening, plantings, traffic reduction, building orientation or other acceptable mitigation methods; 4) Lot Width: Minimum lot widths are intended to prevent the construction of long, narrow buildings with inadequate privacy, light, and air. Within the constraints of the PUD process, lot width standards may be reduced if the project design Effective December 13, 2010 / Page 105

106 CHAPTER 24: PLANNED UNIT DEVELOPMENT (PUD) OVERLAY SECTION , LOT REQUIREMENTS implements/accommodates provisions that allow light, air and privacy for all living spaces in an appropriate manner; 5) Building Spacing: Requirements for side yard setbacks are based on several related factors: i. Privacy: Minimum building space requirements are intended to provide privacy for dwelling units. Where applicants seek reduced side yard setbacks it shall be necessary that site plans and building elevations locate windows and any necessary screening to ensure adequate privacy between units; ii. Light and Air: Building spacing shall provide adequate access to light and air to all dwelling units; iii. Building Configuration: Where building configuration is irregular so that the needs expressed in the above items are met by the building configuration, reduced building space is permissible, as appropriate; iv. Open Space: Common open space shall comprise at least twenty-five (25%) of the gross area of the Planned Unit Development to be used for recreational, park or environmental amenities for the collective enjoyment by occupants of the development Open space dedications are non-inclusive of public or private streets, driveways, or utility easements, provided, however, that up to seventyfive (75%) of the required open space may be composed of open space on privately owned properties dedicated by easement to assure that the open space will be permanent; - Recreation facilities, recreational structures and any accessory uses located in common recreation areas shall be considered open space under the provision that total impervious surfaces (paving, roofs, etc.) constitute no more than five (5%) of the total open space. 6) All land shown on the final development plan as common open space must be conveyed under one of the following options: i. It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it; ii. It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the trustees subject to covenants to be approved by the Planning Commission which shall restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continued use for its intended purpose; 7) Existing trees shall be preserved, where possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas, and finished grade levels ADMINISTRATION An application for approval of a PUD shall be filed with the Zoning Administrator. The PUD applications shall be filed in the name or names of the recorded owner or owners of property included in the development and/or the applications may be filed by holder(s) of an equitable interest in such property. Effective December 13, 2010 / Page 106

107 CHAPTER 24: PLANNED UNIT DEVELOPMENT (PUD) OVERLAY SECTION , ADMINISTRATION A. APPLICATION PROCESS. 1) Fee: An application for approval shall be accompanied by a fee to be established by the city council and available at City Hall; 2) Review Process: The review process shall follow the conditional use application procedure as described in Chapter 6 of this Ordinance and the subdivision review process as outlined in the Dilworth Subdivision Ordinance. Applications shall be processed concurrently ENFORCEMENT If construction has not been initiated within twelve (12) months from the approval date of the PUD, said approval shall lapse and be of no further effect. The Planning Commission, upon showing of good cause by the applicant, may extend for period(s) of six (6) months, the time for beginning construction. After general construction commences, the Zoning Administrator shall review, at least once every year, all building permits issued and compare them to the overall development phasing program. If the Zoning Administrator determines that the rate of construction (residential units or nonresidential structures) substantially differs from the phasing program, city staff shall notify the applicant and Building Official, in writing; thereafter, the Building Official may issue such orders to the applicant which may include the suspension of further construction or other sanctions as deemed appropriate by the city INTRA-DEVELOPMENT CIRCULATION PUD districts shall be located with respect to major streets and highways or other transportation facilities. Consideration should be given to the means in which the local transportation network is connected with streets, alleys or roadways within the PUD. Standards of design and construction for roadways, both public and private, within planned residential development districts may be modified as is deemed appropriate by the City Council, after receipt of recommendations from the Fire Chief, Chief of Police, Street Department and City Engineer. Right-of-way width and street roadway widths may be reduced as deemed appropriate by the City Council, specifically where the following is identified: (1) the PUD plan provides for the separation of vehicular and pedestrian circulation patterns and establishes adequate offstreet parking facilities. If the owners in the future should request that the private streets be changed to public streets, the owners do fully agree that, before acceptance of such streets by a local government body, the owners will bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at that time for public streets, prior to dedication and acceptance. Finally, the owners agree that these streets shall be dedicated to public use without compensation to the owners and without the owners expenses in making such streets conform to the requirements applicable at that time for public streets, if at some future date, a local governing body so requests PARKING STANDARDS Off-street parking and loading requirements shall be determined by the Planning Commission based on site specific design elements. Requirements shall be based on proposed uses, densities, traffic patterns and other related development specific provisions. Joint/shared parking facilities are encouraged pursuant to regulations as set forth within this Ordinance (see Section ) NON-RESIDENTIAL USES Non-residential uses, limited to those specifically approved by the Planning Commission, are permitted in a Planned Unit Development, provided that such uses are primarily established for the service/convenience of the residents of the development. Effective December 13, 2010 / Page 107

108 CHAPTER 24: PLANNED UNIT DEVELOPMENT (PUD) OVERLAY SECTION , NON-RESIDENTIAL USES Layout of parking areas, service areas, entrances, exists, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences, shall be such as to protect residential character within the PUD District and desirable character in any adjoining Residence District ZONING Upon approval by the Council of a PUD Overlay District, the Official Zoning Map shall be changed to reflect such adoption FINDINGS REQUIRED The Planning Commission and City Council shall come to the following facts/conclusions prior to the issuance of any approval for a PUD within city limits; to ensure the interests of the public: A. FINDINGS. 1) The plan conforms to the City s Comprehensive Plan and Future Land Use Plan; 2) The plan is designed to form a desirable and unified development within its boundaries; 3) The proposed uses will not be detrimental to present or future land uses in the surrounding area; 4) Any exceptions to the standard requirements of the Zoning and Subdivision Ordinances are justified by the design of the development; 5) The plan will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the PUD; 6) The PUD will not have a unique or adverse impact on the reasonable enjoyment of the neighboring property. Effective December 13, 2010 / Page 108

109 CHAPTER 25: MOVING/RE-LOCATION OF BUILDINGS STATE LICENSURE REQUIREMENT No person, except a State licensed house mover, shall remove, raise or support a building or structure free of its foundation within the limits of the City. The above shall not be construed as a measure to prevent the owners of a building or structure from personally raising, moving or supporting such building or structure upon their own premises PERMIT REQUIREMENTS & APPLICATION PROCESS A. PERMIT REQUIREMENTS & APPLICATION PROCESS. 1) Permit Required: Every licensed house mover or building owner shall, before raising, moving or supporting free of its foundation any building or structure, obtain a permit therefore from the City; 2) A person seeking a permit shall contact the Building Official to receive an application for inspecting the property and must file the completed application form with the Zoning Administrator. The applicant shall present plans to the Building Official which at minimum, shall indicate lot size, orientation of the structure on the property respective to setback requirements and lot coverage requirements. The plan review shall be charged at sixty-five (65%) of the building permit fee (Section Uniform Building Code) and a mileage charge (consistent with Federal mileage rate) will apply if buildings are located outside the established metropolitan urban area. The Building Official shall physically inspect all buildings to be moved within/into the City (unless the building/structure is new construction and an inspection report from a building official is provided declaring the building/structure consistent with applicable codes); 3) Upon receipt of a completed moving permit application, which shall include an inspection report from the Building Official(including filing fee), the Zoning Administrator shall schedule a hearing before the Planning Commission to consider the permit application, and mail notices to neighboring landowners within 350 feet of the boundary of the property to which the structure is proposed to be located. Such written notice shall be mailed at least ten (10) days prior to the hearing and a copy of the hearing notice and list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter, provided a bona fide attempt has been made to comply with the notice requirements in this Section; 4) Any application for a permit shall be accompanied by a permit fee, which shall be in an amount equal to the fee charged for a conditional use permit. Such fee shall not be refundable if the permit is denied; 5) Notice of the hearing and a copy of the application shall be provided to the Dilworth Public Works Department, Dilworth Police Department, Northern States Power Company, and Red River Valley Coop (city staff requirement); 6) The Planning Commission, in determining whether or not to recommend approval of the moving permit, shall consider the same criteria that apply to the issuance of conditional use permits. In addition, they shall consider the following factors: i. Whether the building/structure is potentially structurally unsafe and could endanger persons or property within the city if moved; ii. Whether the structure is structurally sound and capable of meeting building code requirements subsequent to the move; Effective December 13, 2010 / Page 109

110 CHAPTER 25: MOVING/RE-LOCATATION OF BUILDINGS SECTION , PERMIT REQUIREMENTS & APPLICATION PROCESS iii. To note, the Building Official may require code compliance work to be completed before the structure is allowed to be re-located. 7) Any permit granted must be in compliance with the rules of the Northern State Power Company, and/or Red River Valley Coop relative to the interruption of electrical service to its customers; 8) The Planning Commission, in recommending approval of a permit, may institute conditions upon the permit which may include, but not limited to the following: i. The route to be followed in moving the structure; ii. The date and time limits in which the building may be moved; iii. The amount of time in which Northern State Power Company, and/or Red River Valley Coop or other association or corporation owning, operating or controlling wires or cable that must be moved or displaced to accommodate the move has to remove or displace wires or cables after receipt of notice of the time of the move; iv. The amount of cash deposit, performance bond or completion bond that should be required by the City Council, if any; v. The amount of a cash deposit or letter of credit for estimated costs that may be incurred on behalf of the City, as required by the City Council; vi. Alterations or repairs that must be made to the structure to comply with Building Code requirements and/or to upgrade the building to maintain neighborhood integrity and appearance. 9) After recommendation by the Planning Commission, the matter shall be placed on the agenda of the next City Council meeting. A favorable vote of a majority of the Council members present shall be required to approve the permit; 10) If a permit is approved, a cash deposit, performance bond or completion bond in an amount set in the permit (if any) shall be filed with the City Administrator prior to the issuance of the permit, and be signed by a good and sufficient surety, setting forth the completion date therein. Such bond, if required, is for the purpose of ensuring that alterations and repairs to the structure as required within the building code or as required as a condition of the permit, are accomplished. The date of completion shall be set by the City Council and the Building Official; 11) In cases where a building is being moved outside the City limits of Dilworth, or in the case where an accessory building or single story garage are to be moved, the application and application fee shall be filed with the Zoning Administrator, but no hearing or approval of the Planning Commission or City Council is required unless otherwise deemed necessary by the Zoning Administrator. In this circumstance, the Zoning Administrator may approve the permit and attach any conditions permitted within subsection 6 after providing notice and having consultation with the Dilworth Public Works Department, the Dilworth Police Department and Northern States Power Company, and/or Red River Valley Coop. Any applicant whose moving permit is denied by the Zoning Administrator under this Section may appeal such decision to the City Council within fourteen (14) days of the denial of the permit REMOVAL OF WIRES, CABLES AND PIPES A. REMOVAL OF WIRES, CABLES AND PIPES. 1) The person to whom a permit has been issued shall, before raising or moving any building or structure to which electrical wires, cables or piping for any purpose are attached, shall notify the persons, associations or corporations owning or controlling such electric wiring, cables or piping. The person, association or corporation following notification, shall, within the time established on the permit, or if no time is established in the permit, within a reasonable time thereafter, disconnect and make safe the electric wires, cables or piping; Effective December 13, 2010 / Page 110

111 CHAPTER 25: MOVING/RE-LOCATATION OF BUILDINGS SECTION , REMOVAL OF WIRES, CABLES AND PIPES 2) In every case in which a permit is issued as herein provided, it shall be the duty of the person, association or corporation with ownership or controlling interests in the wire, cable or pipe to remove or displace the utility. The cost shall be the burden of the person whom receives the permit, or as otherwise negotiated between the person and the utility provider; 3) The person to whom a permit has been issued shall notify the Dilworth Police Department, Dilworth Public Works Department, Northern States Power Company, and/or Red River Valley Coop, and the person, association or corporation owning, operating or controlling such wire, cable or pipe, to remove or displace the utility concurrently with the removal of said house, building or structure. Such time shall conform with the conditions of the permit on time of move, if any, and the period of time in which Northern States Power Company, Red River Valley Coop or other association or corporation has to move or displace overhead wires or cables shall be as set out in the permit, and if no time is set out in the permit, within a reasonable time thereafter to remove or displace such wires or cables sufficiently to allow the passage of said house, building or structure CONDITIONS OF PERMIT The following conditions shall apply to each moving permit as issued by the City of Dilworth: 1) Moving Buildings Across Railway Tracks: No house, building or structure shall be moved across any railway track except at such time as permitted by the persons, associations or corporations owning or controlling such tracks; 2) Lighting Required on Buildings/Structures: When any building or structure is being moved across or through any street or alley, a red light must be illuminated at each corner of such building or structure from sunset to sunrise. All ropes, blocks, winches, windlasses or other equipment used in the moving of said building or structure must, when obstructing the free use of a street or alley, be protected by suitable lights from sunset to sunrise EXCEPTIONS 1) Manufactured structures approved by State and local building authorities shall be exempt from the provisions of this Chapter, when otherwise in compliance with Chapter 16 of this Ordinance; 2) A state license will not be required for anyone moving a dwelling not exceeding 600 square feet in area or a residential accessory building, storage building, or similar building provided the building does not exceed 900 square feet in area and the loaded width, exclusive of eaves, in all cases does not exceed twenty four feet PENALTY The following penalty(ies) shall apply: 1) Every person violating any of the provisions of this Chapter shall, upon conviction, be penalized in accordance with the schedule of fines established by the City Council; 2) Nothing contained in this penalty provision shall prevent the City from obtaining a proper injunction or restraining order directed against any person violating any of the provisions of this Chapter from the District Court for Clay County, Minnesota, in addition to such other penalties as allowed by this Ordinance. Effective December 13, 2010 / Page 111

112 CHAPTER 26: SIGNS EXEMPT SIGNS The following signs are exempt from the regulations set forth herein, provided that any exempt sign, if illuminated, shall be internally illuminated or lit so that the light source is directed away from adjoining residences, streets, or sidewalks: A. EXEMPT SIGNS. 1) Signs not exceeding two (2) square feet in area and bearing only property numbers, post box numbers and names of occupants of premises; 2) A sign not exceeding two (2) square feet in area which is non-illuminated and mounted flat against the wall of the principal building is allowed for home occupations; 3) Flags and insignias of any government except when displayed in connection with a commercial promotion; 4) An advertising sign in connection with a lawfully maintained nonconforming use or conditional use, which complies with the conditions of approval, if any, and Section ; 5) Legal notices, identification, informational or directional signs erected or required by governmental bodies; 6) A sign advertising only the sale, rental or lease of the building or premises, which may not exceed sixteen (16) square feet in area and five (5) feet in height; 7) A sign not to exceed thirty-two (32) square feet in area is permitted for each entrance to a subdivision or tract identifying the subdivision or tract name; 8) Temporary signs measuring not more than thirty-two (32) square feet in area connected with political elections; 9) Temporary signs in a new subdivision that advertises the sale of property, business or services which promotes the development of the subdivision. Examples include contractors and financial institutions; 10) No exempt sign(s) shall be placed upon City property or right-of-way without City Council approval ON-PREMISE SIGNS Signs directing attention to a business, profession, product, service, activity or entertainment and where the activity is conducted, sold or offered on the same premises upon which the sign is located are permitted provided: A. PERMITTED SIGNAGE. 1) The on-premise sign is located in a commercial zoning district (C-1, C-2 or C-3), or an industrial zoning district (I-1 or I-2); 2) On-premises signs for nursing homes, assisted living facilities, retirement homes, child care centers, publicly owned governmental and cultural buildings, government and publicly regulated utility buildings and structures, religious institutions, and day care facilities are permitted; 3) A sign permit must be obtained prior to installation of any commercial signs, with the exception of signs mounted flat against a building or that are otherwise not regulated by this Ordinance; 4) The foundation base and posts of all signs may not be located upon City property or rights-of-way unless approved by the City Council; 5) No part of any sign or projection may protrude over the public right-of-way within six (6) feet of the actual or proposed curb line. Signs, marquees, awnings and similar projections may project over the right-of-way a maximum of six (6) feet provided no part is within six (6) feet of the curb line and that it is over eight (8) feet above the sidewalk or the average grade at property line when no sidewalk is in place. If the street is widened, Effective December 13, 2010 / Page 112

113 CHAPTER 26: SIGNS SECTION , ON-PREMISE SIGNS the sign would have to be removed or adjusted at the owner s expense to maintain the six (6) foot distance of the curb regulation; 6) No part of any sign or projection may be located within thirty (30) feet of the intersecting curb line of an intersection if it shall impede vision between a height of thirty (30) inches and eight (8) feet; 7) All sources of artificial light other than street lights shall have a fixed direction and shall be designed to not increase the amount of light to any abutting residential lot nor to confuse, distract, or be a hazard to vehicular traffic; 8) All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable; 9) It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations OFF-PREMISE SIGNS Off-Premises signs shall be permitted upon verification of compliance with the following provisions: A. OFF-PREMISE SIGNS 1) A sign permit must be obtained prior to installation of any off-premises signs; 2) The foundation base and posts of all signs may not be located upon City property or rights-of-way unless approved by the City Council; 3) The off-premise sign is located in an industrial zoning district (I-1 or I-2); 4) Off premises signs must be set back from residential zoning district boundaries a distance of 100 feet. Set back dimensions will be a straight line measurement from the residential district boundary to the center line of the sign standard; 5) The off-premises sign measures no more than 750 square feet in area, inclusive of the border and trim, but exclusive of the base or apron, supports, or other structural members; 6) The height of any off-premise sign, including support structures measured from the highest centerline grade of any adjacent street, may not exceed thirty-five (35) feet when located closer than 100 feet from a property line and not more than fifty (50) feet when located more than 100 feet from a property line. Height measurement will be taken from the highest centerline grade of any adjacent street; 7) No off-premises signs may be located closer than 250 feet apart, unless separated by an interstate highway or principal arterial. Separation will be a straight line measurement from the center line of the sign standards; 8) It is the obligation of the installer to check for any or all underground utilities or services before excavating for sign foundations; 9) All sign installations shall also conform to Minnesota Department of Transportation and Federal Aviation authorities wherever applicable; 10) All sources of artificial light other than street lights shall have a fixed direction and shall be designed so that the source of light is directed away from adjoining residences, streets, or sidewalks PORTABLE SIGNS Any sign which is constructed so as to be movable, either by skids, wheels, truck or other conveyance; any sign which does not have a permanent foundation or is not otherwise permanently fastened to the ground, and cloth signs or banners (of any material) shall be considered portable signs. When on a trailer, the removal of wheels or undercarriage does not place the sign in another category, nor does the anchoring of the sign by means of concrete blocks, sandbags or other types of temporary anchors. Portable signs are permitted provided: A. PORTABLE SIGNS. Effective December 13, 2010 / Page 113

114 CHAPTER 26: SIGNS SECTION , PORTABLE SIGNS 1) That the portable sign is located in a business (C-1, C-2 or C-3) or industrial (I-1 or I-2) zone; 2) Portable signs located in a business district (C-1, C-2 or C-3) can only be used for directing attention to a business, profession, product, service, activity or entertainment conducted, sold or offered on the same premises upon which the sign is located. Provided however, portable signs advertising special events or fundraisers for nonprofit organizations are permitted for a period not to exceed thirty (30) days at a time for each special event; 3) That no portable sign may exceed 64 square feet in area or 8 feet in height; 4) That no portable sign may be placed upon public right-of-way without consent of the City Council; 5) No portable sign placed within 100 feet of an area zoned for residential use may have blinking, flashing or fluttering lights or other illuminating devices which have a changing intensity, brightness, or color; 6) That only one portable sign may be placed upon a parcel at any given time, except in the case of strip malls, office condos, and multiple business structures, where 2 portable signs will be allowed on the parcel at any given time SIGN MAINTENANCE All signs and sign structures must be kept in good repair and in a proper state of maintenance, including, but not limited to, replacing lamps, replacing ballast in freestanding signs, replacing transformers in building identification signs, painting the pole of freestanding signs and the cabinet of freestanding or wall-mounted signs, replacing or repairing the sign face, replacing trim, and the replacement of sign fasteners. If the zoning administrator finds that a sign is not in a proper state of repair, the city may after thirty (30) days written notification, repair, modify or remove the sign and special assess the charges for said work against the property owner. Effective December 13, 2010 / Page 114

115 ORDINANCE ZONING ORDINANCE AMENDMENT BE IT RESOLVED by the City Council of the City of Dilworth that the City Council does hereby approve amending the Dilworth Zoning Ordinance with revisions to Chapter 26, Section (Portable Signs) so the ordinance would read as follows: Portable Signs Any sign which is constructed so as to be movable, either by skids, wheels, truck or other conveyance; any sign which does not have a permanent foundation or is not otherwise permanently fastened to the ground, and cloth signs or banners (of any material) shall be considered portable signs. When on a trailer, the removal of the wheels or undercarriage does not place the sign in another category, nor does the anchoring of the sign by means of concrete blocks, sandbags, or other types of temporary anchors. Portable signs are permitted provided: A. PORTABLE SIGNS: 1. That the portable sign is located in a business (C-1, C-2 or C-3) or industrial (I-1 or I-2) zone. 2. Portable signs located in a business district (C-1, C-2 or C-3) can only be used for directing attention to a business, profession, product, service, activity or entertainment conducted, sold or offered on the same premises upon which the sign is located. Provided however, portable signs advertising special events or fundraisers held within the City for non-profit organizations are permitted for a period not to exceed thirty (30) days at a time for each special event. 3. That no portable sign may exceed 64 square feet in area or 8 feet in height. 4. That no portable sign may be placed upon public right-of-way without consent of the City Council. 5. No portable sign placed within 100 feet of an area zoned for residential use may have blinking, flashing or fluttering lights or other illuminating devices which have a changing intensity, brightness, or color. 6. That only one portable sign may be placed upon a parcel at any given time, except in the case of strip malls, office condos, and multiple business structures, where 2 portable signs will be allowed on the parcel at any given time. This ordinance amendment shall take effect and be in force from and after its passage and publication. APPROVED AND ADOPTED this 15th day of February, 2011, in the City of Dilworth, Minnesota. Mayor Chad Olson ATTEST: Ken L. Parke, City Administrator

116 CHAPTER 27: FENCES & SCREENING LOCATION All fences shall be located entirely within the private property of the person, firm or corporation constructing or causing the construction of such fence CONSTRUCTION & MAINTENANCE Every fence shall be constructed in a substantial workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a nuisance. Any fence which is deemed dangerous to public safety, health or welfare, is a public nuisance, and the Building Official is hereby authorized to commence proper proceedings for the abatement thereof RESTRICTIONS Barbed wire or electric fences shall not be permitted, used or constructed in any districts except as provided for below: A. RESTRICTIONS. 1) Electric fences shall only be permitted in the TZ District when related to farming, hobby farms or similar uses. Additionally, electric fences shall be permitted on any farm (with operational farm uses) located within any other zoning district provided the fence shall be a minimum of five (5) feet from all property lines; 2) Barbed wire fences are not permitted in any districts within the City except as permitted in subsection RESIDENTIAL (ZONED) DISTRICT FENCES All residential fences shall be placed strictly confined to the subject property and shall conform to the following: A. FENCES RESIDENTIAL DISTRICTS. 1) Fences within two (2) feet of side property lines, from the rear lot line to the required front setback, shall not be more than six (6) feet in height; 2) Fences within two (2) feet of rear property line shall not exceed six (6) feet in height. Fences in excess of six (6)feet in height will require a conditional use permit; 3) Fences located in front yards shall not exceed forty-eight (48) inches in height; 4) The screening provisions for residential districts shall supersede, where applicable, the provisions of this section; 5) All posts or similar supporting instruments used in the construction of fences, shall be faced inward towards the property being fenced, unless otherwise determined by the Planning Commission; 6) All fences shall not obstruct natural drainage; 7) Swimming pool, spa and hot tub fencing shall be in conformance with Appendix G, 2006 International Residential Code, as may be amended COMMERCIAL & INDUSTRIAL DISTRICT FENCES The following provisions shall apply respective to fences constructed within commercial or industrial zoned districts: A. REQUIREMENTS. Effective December 13, 2010 / Page 115

117 CHAPTER 27: FENCES & SCREENING SECTION , COMMERCIAL & INDUSTRIAL DISTRICT FENCES 1) Business and industrial fences may be erected up to eight (8) feet in height. Fences in excess of eight (8) feet shall require a conditional use permit; 2) Fences which are primarily erected as a security measure may have arms projecting into the applicant s property on which barbed wire can be fastened commencing at a point at least seven (7) feet above the ground; 3) The screening provisions for business and industrial districts shall supersede, where applicable, the provisions of this section SPECIALPURPOSEFENCES Fences for special purposes and fences differing in construction, height, or length may be permitted by the Building Official in any district in the City provided that the reasons submitted by the applicant demonstrate the purpose is necessary to protect, buffer or improve the premises for which such fence is intended. The Building Official may stipulate the height, location, construction and type of special fence thereby permitted REQUIRED FENCING & SCREENING A. COMMERCIAL/INDUSTRIAL, MULTI-FAMILY. 1) Where any business, industrial use or multi-family building of four (4) or more units (i.e., structure, parking or storage) abuts property zoned for residential use, that business, industry or multi-family building shall provide screening along the shared boundary line. Screening shall also be provided where a business, industry or multifamily building of four (4) or more units is across the street from a residential zone, but not on that side of a business, industry or multi-family building considered to be the front elevation/yard. Provided, however, that the provisions of this Section will not apply where a multi-family building abuts property also zoned for multi-family use. All fencing and screening specifically required by this Ordinance shall be subject to Section of this Chapter and shall consist of either a fence or a green belt planting strip as provided for below: The following provisions shall apply: A. REQUIREMENTS. i. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants. The strip shall be sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six (6) feet. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. The planting plan and type of plantings shall require approval of the City; ii. Required screening fence(s) shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect six (6) feet in height for multi-family uses and at least six (6) feet for business and industrial uses. The design and materials used in constructing a required screening fence shall be subject to the approval of the City. Fences in excess of eight (8) feet in height shall require a conditional use permit; iii. This ordinance encourages the use and combination of various screening methods and is not intended to imply or recommend a continual buffer strip of one type/use/technique TRAFFIC VISIBILITY Effective December 13, 2010 / Page 116

118 CHAPTER 27: FENCES & SCREENING SECTION , TRAFFIC VISIBILITY 1) Visibility at Intersections in Residential Districts: On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height two (2) feet and eight (8) feet and within thirty (30) feet from the intersecting curb lines, or within twenty (20) feet from the intersecting property lines if there is no curb; 2) Fences, Walls, and Hedges: No fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two (2) feet and eight (8) feet where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. In required front yards, fences, walls, hedges or structures shall be at least seventy-five (75%) open space for passage of air and light. No fence exceeding twenty-four (24) inches in height may be erected within ten (10) feet of a driveway in a required side yard abutting a street corner lot unless such fence is at least seventy-five (75%) open PARKING LOTS/DRIVEWAYS ABUTTING RESIDENTIAL AREAS Whenever a parking lot or a driveway to a parking lot is established in any district other than a residentially zoned district and where the improvement abuts a residentially zoned property, a sightobscuring fence of at least five (5) feet in height shall be constructed and maintained along said side or rear lot line OUTDOOR SCREENING (PATIO) Any application or request for an outdoor (patio) area from a business that abuts a residential district shall meet the following: A. PURPOSE. 1) Consistent with Minnesota State Law, smoking in public places including within liquor establishments and restaurants is prohibited for the purpose of protecting employees and the general public from the hazards of secondhand smoke. The following regulations are set forth to address the size, use and location of outdoor areas that a restaurant or liquor establishment may request based on proximity to a residential zone district. B. REQUIREMENTS. 1) The requested outdoor (patio) area must have a fence around it that provides solid screening at the height of eight (8) feet and the area to be fenced shall not exceed 360 square feet; 2) Of the 360 square feet (or less) fenced area, no more than 270 square feet shall be designed or improved for patron usage, limiting the area s capacity to thirty (30) people; 3) Other minimum standards may apply based on the circumstances of the application or the business owners request; 4) All outdoor screened areas (patios) shall comply with all city ordinances and building/fire codes. Effective December 13, 2010 / Page 117

119 CHAPTER 28: DAY CARE FACILITIES PURPOSE & INTENT The regulation of day care facilities in these zoning regulations is to establish standards and procedures by which day care facilities can be conducted within the City without jeopardizing the health, safety and general welfare of the day care participants and/or the surrounding neighborhood. This Chapter establishes the City s minimum requirements for the establishment of day care facilities, whether identified as a permitted use (see zoning district use charts ) or as a conditional use and of which are not operated within the confines of a single-family dwelling (see dwelling, single-family definition). To note, day care facilities other (see Day Care definition within Chapter 3) than those defined as permitted uses which operate in a single-family dwelling as an accessory use shall be subject to Chapter 31 of this Ordinance and processed as a home occupation DECLARATION OF CONDITIONS The Planning Commission may recommend and the Council may impose such conditions on the granting of a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this Chapter. See applicable use charts within each zone district GENERAL PROVISIONS Day care facilities shall be allowed as a principal use or as an accessory use, provided that the day care facilities meet all of the applicable provisions: A. GENERAL PROVISIONS. 1) Lot Requirements and Setbacks: The proposed site for a day care facility must have a minimum lot area as determined by the Minnesota Department of Health and Human Services. The Council may increase the required lot area in those cases where such an increase is considered necessary to ensure the compatibility of activities and maintain the public health, safety and general welfare. The day care facility must meet the minimum setback requirements of the respective zoning district; 2) Lot Requirements and Setbacks; Accessory Use: The site of the proposed day care facility as an accessory use shall meet all area and setback provisions of the respective zoning district in which the facility is to be located; 3) Sewer and Water: All day care facilities shall be served by municipal sewer and water; 4) Screening: Any day care facility that is contained within a commercial or industrial zone district and/or abuts property that has existing commercial/industrial uses shall provide adequate screening along the shared boundary(ies). All required fencing and screening shall comply with the fencing and screening requirements of Chapter 27 of this Ordinance; 5) Parking: i. For day care facilities as a principal use, there shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Chapter 22 of this Ordinance. Parking Areas shall be screened from view of surrounding and abutting residential uses in compliance with Chapter 27 of this Ordinance; ii. When a day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required. 6) Loading: For day care facilities as a principal use, at minimum, one (1) off-street loading space shall be provided unless otherwise set forth within Chapter 22, Section ); Effective December 13, 2010 / Page 118

120 CHAPTER 28: DAY CARE FACILITIES SECTION , GENERAL PROVISIONS 7) Signage: All signing and informational or visual communication devices shall be in compliance with the provisions of this Ordinance relating to signs; 8) Compliance with State Requirements: The structure and operation shall be in compliance with State of Minnesota, Department of Health and Human Service Regulations and be licensed accordingly NON-CONFORMING USE Existing day care facilities lawfully existing on the effective date of this Ordinance may continue as nonconforming uses. Any existing day care facility that is discontinued for a period of more than 180 days, or is in violation of the provisions of the Ordinance under which it was initially established, shall be brought into conformity with the provisions of this Chapter FACILITY / USE INSPECTION The city reserves the right to inspect day care facilities to ensure conformance with provisions within this ordinance, other city policies and any other applicable regulations. Effective December 13, 2010 / Page 119

121 CHAPTER 29: REGULATION OF TOWERS, ANTENNAS AND WIRELESS COMMUNICATION PURPOSE & INTENT These regulations are established to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community. The regulations set forth provisions to provide efficient service while minimizing any potential adverse impacts through regulatory design and dimensional standards TOWER LOCATION(S) The following requirements apply to any tower placed within a residential, commercial or industrial zoned district: A. LOCATION. 1) Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code are allowed only in the rear yard of residential zoned property; 2) Towers supporting commercial antennas and conforming to all applicable provisions of this Code are allowed only upon the following residential/commercial/industrial zoned property under conditional use permits: i. Church sites, when camouflaged as steeples, bell towers or other architecturally compatible structures; ii. Park sites or other city owned property, when compatible with site conditions and adjacent uses; shall be subject to the issuance of a lease with the City of Dilworth; iii. Government, school, utility, and institutional sites; iv. Industrial zone property CO-LOCATION REQUIREMENT All commercial wireless telecommunication towers erected, constructed, or located within the City must be approved through a conditional use permit and comply with the following requirements: A. GENERAL PROVISIONS. 1) A proposal for a new commercial wireless telecommunications tower must not be approved unless the applicant proves that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a reasonable search radius of the proposed tower due to one or more of the following reasons: i. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned or equivalent equipment at a reasonable cost; ii. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost; iii. Existing or approved towers and building within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional engineer; Effective December 13, 2010 / Page 120

122 CHAPTER 29: REGULATION OF TOWERS, ANTENNAS & WIRELESS COMMUNICATIONS SECTION , CO-LOCATION REQUIREMENT iv. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. 2) Any proposed commercial telecommunications tower must be designed, structurally, electrically, and in all respects, to accommodate both the applicant s antennas and comparable antennas for at least one (1) additional user TOWER CONSTRUCTION REQUIREMENTS All towers erected, constructed, or located within the City, and all wiring therefore, must comply with the Minnesota State Building Code TOWER AND ANTENNA DESIGN REQUIREMENTS Proposed or modified towers and antennas must meet the following design requirements: A. MIMIMUM DESIGN REQUIREMENTS. 1) Towers and antennas must be designed to blend into the surrounding environment through the use of color or other treatments, except in instances where the color/treatment is dictated by federal or state authorities such as the Federal Aviation Administration; 2) Commercial wireless telecommunication towers must be a monopole design unless the City Council determines that an alternative design would blend more appropriately into the surrounding environment. Additionally, the applicant shall be responsible for providing adequate evidence to the City that an alternative design is necessary to successfully engage in commercial telecommunication services SETBACKS Towers shall conform to the following minimum setback requirements: A. MIMIMUM SETBACK REQUIREMENTS. 1) Towers must meet the setbacks of the underlying zoning district and may not encroach upon any easement, unless otherwise authorized by easement grantee and any other applicable person/entity, including easement grantor(s); 2) Towers must be setback from the public right-of-way a minimum distance equal to one half of the height of the tower including all antennas and attachments; 3) Towers may not be located between a principal structure and a public street within a front or side yard, with the following exceptions: i. In industrial zoning districts, towers may be placed within a side yard abutting an internal industrially zoned street; ii. On sites adjacent to public streets (enclosed by public right-of-way), towers may be placed within a side yard abutting a local street. 4) A tower s setback may be reduced or its location in relation to a public street adjusted, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure or if the applicant provides evidence that a setback reduction is necessary to successfully engage in commercial telecommunication services. Effective December 13, 2010 / Page 121

123 CHAPTER 29: REGULATION OF TOWERS, ANTENNAS & WIRELESS COMMUNICATIONS SECTION , TOWER HEIGHT TOWER HEIGHT All proposed towers must meet the following height limitations: A. HEIGHT. 1) The height of towers will be determined by measuring the vertical distance from the tower s center point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions; 2) Towers must conform to the following height restrictions: TOWER LIGHTING i. In all residential zoning districts, the maximum height of any tower, including antennas and other attachments, will be the maximum height restriction for primary structures within that zoning district; ii. In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one (1) foot for each two (2) feet the tower is setback from a residential zoning district or a maximum height of 150 feet, whichever is less, unless the applicant provides evidence to the City that the proposed tower height is technically necessary to successfully engage in commercial communication services; iii. All towers shall conform to these maximum height restrictions, unless located upon public buildings and utility structures, church sanctuaries, steeples and bell towers. Towers shall not be illuminated by artificial means and not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower SIGNS & ADVERTISING The use of any portion of a tower for signs other than warning or equipment information is prohibited SCREENING All structures/buildings accessory to the tower must be screened in accordance with the requirements stipulated in the conditional use permit ABANDONED OR UNUSED TOWERS PORTIONS OF TOWERS All abandoned, unused towers and associated facilities must be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City Council. In the event that a tower is not removed within twelve (12) months, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property ANTENNAS MOUNTED ON ROOFS, WALLS & EXISTING TOWERS The placement of commercial wireless telecommunication antennas in C-1, C-2, C-3, I-1 and I-2 Districts on roofs, walls and existing towers may be approved by resolution of the City Council provided the antennas meet the requirements of this Ordinance. Requests under this Section must be accompanied by a Effective December 13, 2010 / Page 122

124 CHAPTER 29: REGULATION OF TOWERS, ANTENNAS & WIRELESS COMMUNICATIONS SECTION , ANTENNAS MOUNTED ON ROOFS, WALLS & EXISTING TOWERS final site plan, building plan and a report prepared by a qualified professional engineer indicating the existing structure or tower s suitability to accept the antenna, and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment must be indicated. Private wireless communication antennas, such as satellite dishes and other similar antennas, are permitted uses in all residential districts to a maximum height of fifteen (15) feet and may not be located in a required front or side yard setback; except for private wireless communication antennas less than thirty (30) inches in diameter which may be located within a required front or side yard setback if mounted upon a residential structure INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATION No new or existing telecommunications service may interfere with public safety telecommunications. Before the introduction of new service, changes in frequencies or maximum signal output, telecommunication providers must notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process TOWERS/ANTENNAS UPON PUBLIC ROW & PUBLIC PROPERTY With the exception of the necessary electric, telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment, wire or braces in connection with either may at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or property line ADDITIONAL SUBMITTAL REQUIREMENTS In addition to the information required elsewhere in this Ordinance, development applications for towers must include the following supplemental information: A. SUBMITTAL REQUIREMENTS. 1) Descriptions of the tower height and design including cross section elevation(s); 2) Documentation of the height above grade for all potential mounting positions for collated antennas and the minimum separation distances between antennas; 3) Descriptions of the tower s capacity, including the number and type of antennas that can be accommodated; 4) Documentation regarding what steps the applicant will take to avoid interference with established public safety telecommunications; 5) Other information necessary to evaluate the request, as determined applicable by the City; 6) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successor to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; 7) Before the issuance of a building permit, the following supplemental information must be submitted: i. Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; ii. A report from a qualified professional engineer which demonstrates the tower s compliance with the aforementioned structural and electrical standards. Effective December 13, 2010 / Page 123

125 CHAPTER 30: GENERAL YARD, LOT AREA AND BUILDING REGULATIONS PURPOSE & INTENT This chapter further identifies yard, lot area, building type and height requirements in each zoning district and establishes general development standards USEABLE OPEN SPACE Except for elderly (senior citizen) housing, each multiple-family dwelling site shall contain at least 350 square feet of usable open space (see Chapter 3, Definitions) for each dwelling unit contained therein HEIGHT A. BUILDING HEIGHT MEASUREMENT ADJUSTMENTS. 1) Building heights in excess of those standards contained in the district provisions may be allowed through a conditional use permit, provided that: i. The site is capable of accommodating the increased intensity of use; ii. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets; iii. Public utilities and services are adequate; iv. For each additional story over the district limitation or for each additional ten (10) feet above the maximum allowed per district, front and side yard setback requirements shall be increased by ten (10%). 2) The building height limits established for district shall not apply to the following: i. Belfries, chimneys, flues, church spires, cooling towers, cupolas, domes (non useable floor space), elevator penthouses, flagpoles, monuments, parapet walls (not extending more than three feet above the height of the building), poles, towers, essential services, mechanical/electrical appurtenances, farm buildings, wind energy conversion systems, communication/transmission devices or other similar structures/buildings/uses. 3) No excluded roof equipment or structural element extending beyond the limited height of a building may occupy more than twenty-five (25%) of the area of such roof nor exceed ten (10) feet unless otherwise authorized under this Ordinance BUILDING TYPE & CONSTRUCTION A. GENERAL PROVISIONS. 1) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings ( walls or roofs), except those specifically intended to have a corrosive designed finish shall be permitted in any zoning district, except in association with farming operations, or in industrial zones, or as otherwise allowed by this Ordinance; 2) Exterior building finishes shall consist of materials comparable in grade to the following: i. Brick, natural stone, decorative concrete block, casted concrete panels, pre-cast concrete panels, wood (durable woods such as cedar, redwood and cypress encouraged), curtain panels (steel, fiberglass and aluminum non-structural, load-bearing provided that such panels are factory fabricated and finished with a durable non-fade surface and fasteners are corrosion resistant design), glass Effective December 13, 2010 / Page 124

126 ORDINANCE ZONING ORDINANCE AMENDMENT BE IT RESOLVED by the City Council of the City of Dilworth that the City Council does hereby approve amending the Dilworth Zoning Ordinance with revisions to Chapter 30, Section (Building Type & Construction) so the ordinance would read as follows: BUILDING TYPE & CONSTRUCTION A. GENERAL PROVISIONS. 1. No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish shall be permitted in any zoning district, except in association with farming operations, or in industrial zones, or as otherwise allowed by this Ordinance. 2. Exterior building finishes shall consist of materials comparable in grade to the following: i. Brick, natural stone, decorative concrete block, casted concrete panels, pre-cast concrete panels, wood (durable woods such as cedar, redwood and cypress encouraged), curtain panels (steel, fiberglass and aluminum non-structural, load-bearing provided that such panels are factory fabricated and finished with a durable non-fade surface and fasteners are corrosion resistant design), glass curtain wall panels, glass block, stucco, vinyl, steel siding, aluminum siding, masonite siding or other materials as deemed appropriate by the Building Official. B. SPECIAL PROVISIONS. Neighborhood Business District ( C-1) and Central Business District (C-2) The following special provisions apply to the C-1 and C-2 Districts: Architectural design shall be of a style to blend with the surrounding residential neighborhood, as follows: 1. Corporate or franchise architecture shall be prohibited unless demonstrated to fit with the character of the adjacent neighborhood. 2. The front of any new building and any side of a building facing and visible from the street right of way or a residential lot shall be at least fifty percent (50%) materials other than steel or fiberglass, such as glass, wood, brick or other like materials found on residential buildings. 3. Rooftop mechanical equipment shall be screened in a manner that is incorporated in the architectural form of the building. 4. Mechanical equipment shall be screened from view of neighboring properties and public right of way. 5. Sidewalk shall connect front doors of business to public right of way. (The site design shall promote walkability and compatibility with surrounding residences.)

127 General Business District (C-3) The following special provisions apply to the C-3 District: 1. Buildings shall be attractive and constructed of materials that will maintain their appearance over the long term. 2. All exterior walls shall be of consistent quality and characteristics. 3. Exterior building walls (excluding brick) that abut or face public right of way shall incorporate no fewer than four (4) architectural elements comparable to those listed below. Architectural elements contributing to this requirement shall have sufficient visual impact to be noticeable from the street, as determined by the zoning administrator, and may include but are not limited to: Accent materials that vary the color, type and/or texture of the walls Public art Architectural details, such as tile work and moldings integrated into the building facade Windows Recesses/projections Roof overhang, which should vary according to building width as follows: one foot (1 ) overhang for buildings less than fifty feet (50 ) in width, two foot (2 ) overhang for buildings fifty (50) to one hundred feet (100 ) in width, and three foot (3 ) overhang for buildings greater than one hundred feet (100 ) in width. Varied roof lines, including gables, dormers, cupolas, changes in heights and/or styles Articulated cornice line Canopies/awnings/porticos 4. Rooftop mechanical equipment shall be screened in a manner that is incorporated in the architectural form of the building. 5. Mechanical equipment shall be screened from view from public right of way. This Ordinance amendment shall take effect and be in force from and after its passage and publication. APPROVED AND ADOPTED this 14 th day of March, 2011, in the City of Dilworth, Minnesota. Mayor Chad Olson ATTEST: Ken L. Parke, City Administrator

128 CHAPTER 30: GENERAL YARD, LOT AREA AND BUILDING REGULATIONS SECTION , BUILDING TYPE & CONSTRUCTION YARDS curtain wall panels, glass block, stucco, vinyl, steel siding, aluminum siding, masonite siding or other materials as deemed appropriate by the Building Official. No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Ordinance. If the existing yard or open space is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure. A. YARD REQUIREMENTS. 1) The following shall not be considered as encroachments on yard setback requirements: i. Accessory Structures: Accessory structures as governed by this Ordinance are permitted in rear yards; ii. Balconies, Chimneys and Ornamental Features: Balconies, chimneys, flues, leaders, pilasters, lintels, ornamental features, sills, cornices, buttresses, eaves, gutters and the like may project not more than 2 ½ feet into any required yard. Gutters attached to eaves may project six (6) inches beyond the eaves; iii. Walks or Steps: Walks or steps for negotiating ground slopes, retaining walls, hedged and natural growth, paved terraces, paved areas or similar features; iv. Uncovered Porches, Decks, Stairs, Stoops and Ramps: Uncovered porches, decks, stairs or stoops may extend to within three (3) feet of a side or rear lot line and ten (10) feet into any required front yard. Multi-family buildings may have the above enumerated structures extend halfway into a required side or rear yard. Ramps for access by persons with disabilities may extend to a property line. Uncovered porches, decks, stairs and stoops for attached single family dwellings may extend to the same property line as the dwelling; v. Structures for Gardening or Recreation, Heating or Air Conditioning Equipment: Structures used ornamentally for gardening or for private recreation purposes, structures for essential services, and heating and air conditioning equipment, all accessory to and customarily incidental to the principal use, are permitted in yards and courts. Exception: Heating and air conditioning equipment is not permitted in a front yard; vi. Solar Energy Systems: Solar energy systems not included in the floor area of the building may extend five (5) feet into any required rear yard and not closer than three (3) feet from any interior side property line and eight (8) feet from a side property line adjacent to a street; vii. Fire Balconies and Escapes: Open work fire balconies and fire escapes may not extend more than three (3) feet into a required setback; 2) Inconsistencies: Where adjacent structures have front yard setbacks less than those required, the minimum front yard setback may be the average of the two adjacent structures. If only one adjacent lot is occupied by a structure, the minimum front yard may be that of said principle structure MINIMUM LOT AREA PER UNIT The lot area per unit requirement for single-family, two-family, townhouse, apartment and planned unit developments shall be calculated on the basis of the total area of the subject property or properties as may be controlled by an individual or under any form of ownership structure. To note, this provision does not exempt an applicant from completing lot consolidations or any other form of lot configuration modification. Effective December 13, 2010 / Page 125

129 CHAPTER 30: GENERAL YARD, LOT AREA AND BUILDING REGULATIONS SECTION , MINIMUM LOT AREA PER UNIT A. LOT AREA REQUIREMENTS. 1) Single-family: As specified in zoning district provisions; 2) Two-family: As specified in zoning district provisions; 3) Elderly housing: 1,000 square feet; 4) Multiple-family: Not less than 6,000 square feet for each building or dwelling group having four (4) dwelling units or less. Dwelling units in excess of four (4) shall have not less than a 8,500 square foot lot area; and the minimum lot area per dwelling unit shall not be less than: i. Efficiency one-room apartment 1,000 sq ft ii. One bedroom apartment 1,300 sq ft iii. Two bedroom apartment 1,600 sq ft iv. Three or more bedroom apartment 1,700 sq ft SINGLE-FAMILY DWELLINGS All single-family detached homes except in the R-5 District shall: A. GENERAL PROVISIONS (FOUNDATIONS/DIMENSIONAL). 1) Be constructed upon a permanent foundation that meets the requirements of the State Building Code; 2) Not be less than twenty-two (22) feet in width. Width measurements shall not take account of overhang and other projections beyond the principal walls DWELLING UNIT RESTRICTIONS The following restrictions shall apply: A. RESTRICTIONS. 1) No garage, tent, accessory building, travel trailer or motor home shall at any time be used as living quarters, temporarily or permanently; 2) Energy conserving designs are encouraged and not intended to be prohibited by any provision within this ordinance. However, dependent upon the energy conserving mechanism, certain requirements within this ordinance may apply (ie. screening, height restrictions, etc) and/or may require the issuance of a conditional use permit. All structures/appurtenances shall comply with standards imposed by the State and the Uniform Building Code; 3) In a multiple-family or attached single-family development, a building for storage of lawn maintenance or snow removal equipment may be constructed in addition to any parking garages. The structure may be constructed on a common or shared lot/parcel and provided the area of the storage building does not exceed 750 square feet or ten (10%) of the area of the common lot, whichever is less PLATTED & UNPLATTED PROPERTY The following regulations shall apply to platted property and unplatted property: A. GENERAL PROVISIONS. 1) Any person desiring to improve property shall submit to the Building Official an accurate description of the property to be improved including front, rear and side yard lot lines of said premises and information on the location and dimensions of existing Effective December 13, 2010 / Page 126

130 CHAPTER 30: GENERAL YARD, LOT AREA AND BUILDING REGULATIONS SECTION , PLATTED & UNPLATTED PROPERTY and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to City provisions. To provide this information in an accurate manner, applicants may need to contact a professional/registered land surveyor; 2) All buildings shall be placed to avoid platted or duly dedicated public right-of-way and any applicable access easements (private or public) to ensure streets/infrastructure may be constructed/improved by the City; 3) Except in the case of planned unit developments as provided for in Chapter 24 of this Ordinance, not more than one (1) principal building shall be located on a lot in a residentially zoned area, including the R-5 District, but excluding the R-4 District SWIMMING POOLS The following regulations shall apply to the installation of swimming pools within municipal limits: A. GENERAL PROVISIONS. 1) A permit shall be required for all swimming pools (inclusive of above-ground, inground or on-ground pools) with a capacity of 5,000 gallons and/or two (2) feet or more of depth (per adopted building code). Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: i. The proposed location and its relationship (dimensional) to the other principal buildings on the lot; ii. The size of the pool; iii. Fencing and other fixtures existing on the lot, including utility location and trees; iv. The location, size and types of equipment to be used in connection with the pool, including but not limited to filter unit, pump fencing and the pool itself; v. That the requirements contained in sections below will be satisfied. 2) All pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other forms of enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least six (6) feet in height. The bottoms of the fences shall not be more than four (4) inches from the ground. Fences shall be of a noncorrosive material and shall be constructed to reduce a person s ability to climb the fence. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to small children. All fence post shall be decay or corrosion resistant and shall be set in concrete bases or other suitable protection (see Section (A)(7) for additional information on fencing); 3) Above ground and below ground swimming pools are permitted in rear yards only. A minimum setback of five (5) feet must be maintained from the edge of the pool to a side or rear property line; 4) For additional information, see Appendix G, International Residential Code which regulates Swimming Pools, Spas and Hot Tubs DRAINAGE PLANS A. GENERAL PROVISIONS. 1) In the case of all residential subdivisions, multiple-family, commercial and industrial Effective December 13, 2010 / Page 127

131 CHAPTER 30: GENERAL YARD, LOT AREA AND BUILDING REGULATIONS SECTION , DRAINAGE PLANS developments, the drainage plans with appropriate spot site elevations shall be submitted to the City Engineer for review. Final drainage plans shall be subject to written approval. In the case of such uses, no modifications in grade and drainage flow through fill, retaining walls or other such actions shall be permitted until such plans have been reviewed and received written approval from the City Engineer; 2) Unless authorized in writing by the City Engineer, the top of the foundation and garage floor of residential dwellings may not be less than twenty-four (24) inches above the top of the curb. In certain circumstances, some subdivisions or developments with covenants may require higher floor grades. See Section (B) for additional information on covenants, restrictions and private agreements GLARE Any lighting used to illuminate an off-street parking area, signs, architectural elements, structures, or other components of a structure, shall be arranged to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, as produced by floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of light shall be hooded or controlled to eliminate any light spill onto adjacent properties Light bulbs (non-hooded/shielded) shall not be permitted in view of adjacent property or public right-ofway. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot candles (meter reading) as measured from said property. This Section shall not apply to sports stadiums, athletic fields or to public recreational facilities; however, the City shall take appropriate measures to ensure adequate steps are taken to reduce any negative impact on adjacent properties REFUSE A. LOCATION & SCREENING. 1) All dumpsters or comparable refuse handling equipment shall be appropriately screened from eye-level view from all neighboring uses and the public right-of-way. This provision shall not apply to the temporary use of dumpsters or refuse handling equipment for construction activities or other similar temporary uses. 2) Exterior storage shall require the following: i. The enclosed trash receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements; ii. The trash enclosure must be in an accessible location; iii. The trash receptacles must be fully screened from view of adjacent properties and the public right-of-way by a fence or wall or at least six (6) feet in height and a minimum opaqueness of eighty (80%) OUTSIDE STORAGE A. GENERAL PROVISION. 1) In residentially zoned areas, the following items shall not be stored on a lot, unless they are within a building or enclosed within a permissible structure: i. Racing cars; ii. Recreational vehicles, utility trailers, off-road vehicles, and similar equipment, in any combination thereof, in excess of two (2); Effective December 13, 2010 / Page 128

132 CHAPTER 30: GENERAL YARD, LOT AREA AND BUILDING REGULATIONS SECTION , OUTSIDE STORAGE iii. Construction and landscaping material, unless they are currently being used on the premises; iv. On and off-street parking of vehicles/trucks/equipment that are not registered and/or inoperable; v. Front yard exterior storage of firewood, or any exterior storage of firewood, which storage is not for the purpose of consumption by the person or persons on whose property it is stored; vi. Household storage including lawn maintenance and snow removal equipment, tools, furniture, recreational tools and equipment, when not in use, must be kept in a garage, storage building, screened enclosure in a rear yard, or behind the dwelling so as not to be visible from the street. 2) All nonresidential outside storage shall conform to the following conditions: i. The area occupied is not within a required front or required side yard; ii. The storage area is totally fenced or fully screened. For purposes of this Section, storage does not include the display of goods which are being sold at retail to the general public such as automobiles, trucks, farm equipment and similar items; iii. The storage area is surfaced to control dust and drainage according to a plan submitted to and subject to approval of the City Engineer. Gravel surface storage is permitted when approved by the City Engineer; iv. All lighting shall be hooded and directed in a manner that complies with Section of this Chapter; v. The storage area does not encroach upon required parking spaces or required loading space as required by this Ordinance; vi. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer. Effective December 13, 2010 / Page 129

133 CHAPTER 31: ACCESSORY STRUCTURES, USES & EQUIPMENT ACCESSORY USES/STRUCTURES WITHIN RESIDENTIAL AREAS A. GENERAL PROVISIONS. 1) With the exception of a garage or driveway, no accessory building, structure, use or equipment may be placed within a front yard; 2) A storage shed, tool shed, hobby shed, carport or similar building (accessory building) that is 120 square feet or less in size does not require a building permit; however, the structure is subject to the any other applicable provision(s) within this Ordinance; 3) In addition to a garage, (attached or detached) not more than one (1) accessory structure may be permitted on any single parcel (including manufactured housing parks), except by conditional use permit. Buildings such as gazebos, outdoor living rooms, pool enclosures and similar buildings may be constructed in addition to garages, carports, storage sheds, tool and hobby sheds but subject to the lot coverage requirements for the district in which located; 4) A garage (attached or detached) or accessory building or any combination thereof shall not exceed the ground coverage of the dwelling unit, unless otherwise authorized through the issuance of a conditional use permit; 5) No structure or combination of structures shall occupy more than thirty-three (33%) of the total lot area; 6) Encroachment: Accessory buildings including those of less than 120 square feet may not encroach into any setback (side or rear) or within any easement. Accessory buildings placed in a side yard must comply with the minimum setback for the principal structure; 7) Setback Requirements: All garages and accessory buildings shall conform to the setback requirements specified for the respective zoning district in which they are located; 8) Subdivisions, planned unit developments, developments or associations with private covenants may have additional requirements respective to accessory buildings/uses within certain areas (see Section for additional information); 9) When a garage, storage building, or other accessory structure contains a loft, attic, or second story, only the footprint of the main floor of the building shall be used to determine its size; 10) Since accessory buildings are subordinate to principal buildings (see Section 3.020, definition for Accessory Building or Use); if a principal building is removed from the property for any reason and not replaced with another permitted principal structure, all accessory buildings or structures remaining that result in a nonconformity or increase the properties non-conformance with this Ordinance shall be removed if a building permit is not issued for the principle structure within 180 days ACCESSORY BUILDINGS LOTS UNDER 10,000 SQ. FT. Total floor area of a garage (attached) or accessory building (detached) shall not exceed 900 square feet of floor area, unless otherwise authorized within this Ordinance. A. PROPERTY WITH AN ATTACHED GARAGE. 1) If you have an attached garage, it may be expanded to 900 square feet in area; 2) On a lot with an existing garage, accessory buildings (additional structures) for single- Effective December 13, 2010 / Page 130

134 CHAPTER 31: ACCESSORY STRUCTURES, USES & EQUIPMENT SECTION , ACCESSORY BUILDINGS LOTS UNDER 10,000 SQ. FT. family dwellings shall not occupy more than 300 square feet. To exceed the 300 square foot threshold, a variance shall be required for any accessory building less than 900 square feet in size. Any accessory building exceeding 900 square feet in size shall require a conditional use permit. B. PROPERTY WITHOUT AN ATTACHED GARAGE. 1) If you do not have an attached garage, an accessory building may be constructed or expanded to a maximum of 900 square feet. An additional accessory structure (storage shed, tool shed or similar structure) is allowed up to a maximum of 120 square feet; 2) Accessory buildings shall not exceed sixteen (16) feet in height. Accessory buildings other than garages shall be limited to ten (10) feet in height on all two-family or townhouse unit lots. C. OTHER, TWO-FAMILY DWELLING UNIT REQUIREMENTS. 1) For two-family dwellings, garages and accessory structures combined shall not exceed 900 square feet in area per dwelling unit ACCESSORY BLDGS LOTS OVER 10,000 SQ. FT. Total floor area of a garage (attached) or accessory building (detached) shall not exceed 1,150 square feet of floor area. A. PROPERTY WITH AN ATTACHED GARAGE. 1) If you have an attached garage, it may be expanded to 1,150 square feet in area. Any additional square footage above the 1,150 shall require a conditional use permit. 2) On a lot with an existing garage, accessory buildings (additional structures) for singlefamily dwellings shall not occupy more than 300 square feet. To exceed the 300 square foot threshold, a variance shall be required for any accessory building less than 900 square feet in size. Any accessory building exceeding 900 square feet in size shall require a conditional use permit. B. PROPERTY WITHOUT AN ATTACHED GARAGE. 1) If you do not have an attached garage, an accessory building may be constructed or expanded to a maximum of 1,150 square feet. An additional accessory structure (storage shed, tool shed or similar structure) is allowed up to a maximum of 120 square feet; 2) Accessory buildings shall not exceed sixteen (16) feet in height. Accessory buildings other than garages shall be limited to ten (10) feet in height on all two-family or townhouse unit lots. C. OTHER, TWO-FAMILY DWELLING UNIT REQUIREMENTS. 1) For two-family dwellings, garages and accessory structures combined shall not exceed 900 square feet in area per dwelling unit. Effective December 13, 2010 / Page 131

135 ORDII{ANCE ZONING ORDINANCE AMENDMENT BE IT RESOLVED By the City Council of the City of Dilworth that the City Council does hereby approve the following amendments to the Dilworth Zoning Ordinance so thev will read as follows: CI{,{PTER 31. ACCESSORY STRIJCTIIRES. IJSES AND EQUIPMENT SECTION ACCESSORY BUILDINGS - LOTS LTNDER 10,000 SQ. FT. A. PROPERTY WITH AN ATTACHED GARGAGE. 2) On a lot with an existing garage, accessory buildings (additional structures) for single-family dwellings shall not occupy more than 330 square feet. To exceed the 330 square foot threshold, avarianse shall be required for any accessory building less than 900 square feet in size. Any accessory building exceeding 900 square feet in size shall require a conditional use permit. SECTION ACCESSORY BUILDINGS - LOTS OVER 10,000 sq. FT. A. PROPERTY WITH AN ATTACHED GARAGE. Z) On a lot with an existing garage, accessory buildings (additional structures) for single-family dwellings shall not occupy more than 330 square feet. To exceed the 330 square foot threshold, a variance shall be required for any accessory building less than 900 square feet in size. Any accessory building exceeding 900 square feet in size shall require a conditional use permit. This ordinance amendment shall take effect and be in force from and after its passage and publication. APPROVED AND ADOPTED this 23'd day of April, 2072, in the City of Dilworth, Mn. Mayor ATTE Ken. Parke. Citv Administrator

136 CHAPTER 31: ACCESSORY STRUCTURES, USES & EQUIPMENT SECTION , CONDITIONAL USE PERMIT CRITERIA CONDITIONAL USE PERMIT CRITERIA Application for a conditional use permit under this section shall be regulated by Chapter 6 of this Ordinance. Such a conditional use permit may be granted provided that: A. CRITERIA FOR ISSUANCE. 1) There is a demonstrated need and potential for continued use of the structure and the purpose stated; 2) In the case of residential zone districts, no commercial or home occupation activities are conducted on the property, unless otherwise authorized under this Ordinance; 3) The building has an evident function/use specifically related to the principal use; 4) Accessory buildings shall be maintained in a manner that is compatible with the adjacent uses and does not present a hazard to public health, safety and general welfare; 5) The provisions of Chapter 6 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. Effective December 13, 2010 / Page 132

137 CHAPTER 32: HOME OCCUPATIONS PURPOSE & INTENT The purpose of this Chapter is to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood APPLICABILITY Subject to the nonconforming use provision of this Ordinance, all occupations conducted in the home shall comply with the provisions of this Ordinance. This Chapter shall not be construed, however, to apply to home occupations accessory to farming GENERAL PROVISIONS All home occupations shall comply with the following general provisions: A. GENERAL PROVISIONS. 1) No home occupation shall produce light glare, noise, fumes, odor or vibration that will in any way have an objectionable effect upon adjacent or neighboring properties; 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. No equipment shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in the voltage off the premises; 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises. Not more than twenty-five (25%) of the main floor of the dwelling unit shall be permanently set aside to be used in the conduct of the home occupation. It should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses; 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations; 5) There shall be no exterior storage of equipment or material used in the home occupation, except personal automobiles used in the home occupation may be parked on the site; 6) The home occupation shall meet all applicable ordinances, fire and building codes; 7) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling unit with the exception of directional and identification/business signs to the extent authorized by the provisions of Chapter 26 of this Ordinance relating to signs; 8) No home occupation shall be conducted between the hours of 10:00 P.M. and 7:00 A.M. unless said occupation is contained entirely within the principal building and will not require any on-street parking facilities; 9) Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface; 10) Not more than one person other than those who customarily reside on the premises shall be employed; 11) The home or occupation shall not involve any of the following: small engine or auto repair or reconditioning or manufacturing; 12) All permitted home occupations must be conducted entirely within a building and must comply with the requirements of this Ordinance. Effective December 13, 2010 / Page 133