Subd. 1. Nonconforming Buildings, Structures, and Uses.
A. Purpose: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, and uses and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, and uses will be operated and maintained. The zoning ordinance establishes separate districts, each of which an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures, and uses not be permitted to continue without restriction.
B. Any structure or use lawfully existing upon the effective date of this ordinance shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended.
C. Nothing in this ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector..
D. No nonconforming building, structure, or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was constructed at the time of this ordinance adoption unless such movement shall bring the nonconformance into compliance with the requirements of this ordinance.
E. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
F. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
G. In accordance with Minnesota Statute 462.357, Subdivision 1 e, Any nonconformity, including the lawful use or occupation of land or premises existing upon the effective date of this ordinance may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (Amended 12/09/08 Ord. No. 327)
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Subd. 2. General Building and Performance Requirements.
A. Purpose. The purpose of this section of the zoning ordinance is to establish general development performance standards. These standards are intended and designed to assure the compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety, and general welfare of the residents of the community.
B. Dwelling Unit Restriction.
1. No garage, tent, or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently.
2. Basements may be used as living quarters or rooms as a portion of residential dwellings.
3. Tents, playhouses, or similar structures may be used for play or recreational uses.
C. Platted and Unplatted Property.
1. Any person desiring to improve property shall submit to the Building Inspector a survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to insure conformance to the City ordinances.
2. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City in conformity with existing streets and according to the system and standards employed by the City.
3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this Ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this Ordinance to the extent possible. (Ordinance No. 324, Adopted 8-12-08)
4. A lot of record existing upon the effective date of this ordinance in a residence district, which does not meet the requirements of this ordinance as to area or width may be utilized for single family detached dwelling purposes provided the measurements of such area or width are within seventy (70) percent of the requirements of this ordinance.
5. Except in the case of planned unit developments as provided for in Section 18 of this ordinance, not more than one (1) principal building shall be located in a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any questions or interpretation, the decision of the Building Inspector shall be final, subject to the right to appeal to the Planning Commission and City Council. (Ordinance No. 11, Adopted 8-12-86).
6. On a double frontage lot, both street lines shall be front lot lines for applying the yard and parking regulations of this ordinance.
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D. Accessory Buildings, Uses, and Equipment.
1. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway.
2. No accessory building shall be erected or located within any required yard other than the rear yard, except that garages in residential districts may be permitted in the side yard behind the front building line of the principal structure, provided that the side yard setback required for a principal structure is maintained.
3. No accessory building or structure other than a fence or temporary construction office may be constructed on a lot prior to the time of construction of a principle structure, except accessory structures on vacant lots may be allowed in residential districts as a conditional use, subject to the following conditions: Amended: 3/2/04 Ord. No. 247
1) That the structure setbacks are as follows:
Front yard 150 feet
Side yard 30 feet
Rear yard 30 feet
2) That the lot be a minimum of 150 feet wide and 2 acres or more in size.
3) That the lot intended for the accessory structure be located within 200 feet of the property owner’s residence.
4) That the structure not exceed 2000 square feet.
5) That the structure not exceed 14 feet in height.
6) That the property be landscaped and maintained to make an attractive residential appearance.
7) That the building be roofed and sided in a manner that is compatible with surrounding residential development.
8) That the building and lot not be used for repair work, commercial use or storage other than personal items of the owner, and that all of the items be stored inside.
9) That no signage is allowed on the property.
4. Accessory building and garages in residential districts shall not exceed fourteen (14) feet in height and shall be three (3) feet or more from all lot lines of adjoining lots, shall be five (5) feet or more from any other building or structure on the same lot, and shall not be located within a utility easement, except as provided in #2 above, which allows garages in side yards in residential districts.
5. No accessory building or garage for single family dwelling shall occupy more than twenty-five (25) percent of a rear yard.
6. Accessory buildings in business and industrial districts shall not exceed twenty-six (26) feet in height and shall be fifteen (15) feet or more from all adjoining lot lines, shall be fifteen (15) feet or more from all buildings and shall not be located within a utility easement.
7. No permit shall be issued for the construction of more than one (1) private garage structure for each dwelling unless adequate space is available on the lot to meet all setback and yard space requirements. Every dwelling unit erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot.
8. According to Ord. No. 184, Item 8 has been deleted) (Adopted 7/6/99, Ord. No. 184)
9. Pole building (post frame) may be constructed within the City of Detroit Lakes provided said building:
a) Is located in an “R-A” Residential Agricultural District, an “I-1" Light Industrial District, or an “I-2" Heavy Industrial District;
b) Is an accessory building located in any Residential District, except the AR-LB@ Residential Lakefront Business District;
c) Is a principal or accessory structure approved by a conditional use permit and located in an “B-2" General Business District or “B-3" Auto-Oriented Business District.
10. Exterior Building Finishes:
a) Overhangs on steel or metal buildings shall be enclosed;
b) No galvanized or unfinished steel, galvulum, or unfinished aluminum shall be used for exterior building finishes (walls or roofs).
(To Top of Page / Back to Zoning Ordinance Index)
E. Drainage Plans. In the case of all equipment, business and industrial developments, the drainage plans shall be submitted to the City Engineer for his review and the final drainage plan shall be subject to his written approval.
F. General Fencing, Screening, and Landscaping. Adopted 9/2/2003 Ord. No. 245
1) 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.
2) Construction and 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 and remain in a condition or disrepair or danger, or constitute a nuisance public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Administrator is hereby authorized to commence proceedings for the abatement thereof.
3) No fences, other than the chain link fences with opening to be one and five- eighths (1-5/8) inches to two (2) inches and not to exceed a maximum height of forty-eight (48) inches and further, to allow chain link fencing to follow the property line on corner lots, and/or no structures or planting of trees or shrubs shall be permitted within twenty-five (25) feet of any corner formed by the intersection of street property lines or the right-of-way of a railway intersecting a street. The twenty-five (25) feet referred to above shall be in the form of a triangle with two sides formed by the property lines and the third side formed by a straight line connecting the two (2) twenty-five (25) foot points on both sides of the corner.
4) Except as provided in No. 2 above, fences less than three (3) feet in height may be located on any part of a lot.
5) Barbed wire fences shall not be permitted, used or constructed except in commercial and industrial districts as hereinafter provided.
6) Residential District Fences: All residential fences shall be placed within the property being fenced.
A. Fences along side property lines shall not be more than six (6) feet in height for the distance commencing from a point on such side property line located along the rear lot line and proceeding thence along such side property line to a point thereon which would be intersected by the front wall line of the existing principal structure on the lot.
B. Fences along any rear property line, which is also the rear property line of an abutting lot, shall not exceed six (6) feet in height.
C. Fences along a rear property line which line constitutes the side lot line of an abutting lot shall not exceed six (6) feet in height.
D. The required fencing provisions for residential districts shall supercede, where applicable, the provisions of this subsection.
E. All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced.
7) Commercial and Industrial District Fences: All commercial and industrial fences shall be placed within the property being fenced.
A. 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.
B. The screening provisions for commercial and industrial districts shall supercede, where applicable, the provisions of this subsection.
8) In all zoning districts, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, building sites and/or other requirements shall be planted and maintained in grass, sodding, shrubs, or other acceptable vegetation or treatment generally used in landscaping. Fences or trees placed upon utility easements are subject to removal if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed ten (10) feet in height.
(To Top of Page / Back to Zoning Ordinance Index)
G. Required Fencing, Screening & Landscaping
1) Landscaping Plans
a) The purpose of this subdivision is to establish standards for the installation of landscape elements which include screening and buffering to improve compatibility between land uses, and enhance the aesthetic appearance of properties.
b) Exemptions. One and two family dwelling lots are exempt from all the requirements of this section.
c) Required Landscaping Plan
1. The applicant shall submit a Landscaping Plan to the City for review and approval for the site plan review. The plan shall have been prepared in accordance with the provisions of this section. The Landscaping Plan shall locate and label all proposed site improvements, utilities and existing and proposed plant materials (including a schedule listing quantities, botanical and common names, sizes, root specifications and on center spacing where applicable)
2. The extent of required landscape plantings shall be of such sizes, quantities, composition and arrangements that, at maturity, they will be in scale with the size of the building (s) and site, and will collectively provide a softening and enframent of architectural elements, articulation of space and use areas and screening of undesirable visual impacts. All required landscape planting shall be located on or within the boundaries of the site being developed. As a minimum, fifteen (15) percent of the site shall be retained as an undeveloped area for landscape plantings.
3. All undeveloped areas of the site shall be appropriately planted with ground cover. Exceptions to this requirement include those areas designated on the approved site plan as undisturbed areas of naturally established vegetation which may be preserved in its natural state.
4. Minimum Size Requirements for Plantings
a. At the time of planting, deciduous, overstory trees shall have a minimum trunk caliper (diameter) of at least 2 ˝ inches and understory trees shall have a trunk caliper (diameter) of 1 ˝ inches. Deciduous shrubs shall have an average height of two (2) feet. Evergreen shrubs shall have an average crown spread of at least two (2) feet.
b. Plant materials larger in size than those specified in the Landscaped Plan may be substituted without approval of the City.
2) Screening and Buffering
A. Undesirable Visual Impacts.
Undesirable visual impacts, which include, but are not limited to, truck loading areas, materials storage, parking lots, large unadorned building massing, and vehicular stacking aisles for drive-through or drive-up uses shall be screened to a height and depth consistent with the size and extent of the visual degradation. Such required screening may be satisfied by fencing, walls, earth berms, hedges or other appropriate plat materials.
B. Walls and Fencing
All walls and fencing shall be architecturally harmonious with the principal building, and shall be enhanced by plantings of landscaped materials along the outward-facing surfaces of such structures. Walls and fencing shall provide sufficient height to achieve screening and any height higher than six (6) feet in height shall be at the discretion of the City. Screening walls and fencing which are in disrepair shall be repaired or replaced.
C. Earth Berms.
Earth berms shall not exceed a slope or 3;1 unless covered by plant materials capable of minimizing maintenance and shall provide total blocking with a minimum year round density or opaqueness of ninety (90) percent maturity.
D. Buffering
Landscaped buffer area shall be provided and maintained within or in addition to the setback required where the regulated land use district abuts or is across the street from any residential district.
E. Parking Lots
Any open parking lots containing more than six thousand square feet of area (includes parking stalls and aisles) shall provide interior landscape plantings contained within peninsulas, islands and or medians. Eight (8) square feet of interior landscaped area shall be provided for each one hundred square feet of paved surface. All planted materials shall be placed so that at maturity the trunk of any tree or perimeter of any shrub will be no closer than six feet to the back of the curb of parking lot.
F. Additional Screening
Trash enclosures and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye level view from public streets and adjacent residential or commercial properties. If accessory structures are proposed, they shall be constructed of the same building material and otherwise complimentary to as the principal structure and be readily served through doors.
3) Completion
Where landscaping is required;
A. No building permit shall be issued until the required Landscaping Plan has been submitted and approved.
B. Landscaping must be completed within 9 months of building occupancy.
4) Maintenance of Landscape
A. Planted areas shall be adequately maintained in a healthy attractive manner, including watering, weeding, pruning, trimming, edging, fertilizing an insect control.
B. Notwithstanding anything to the contrary in this code, any fencing, walls, earth berms, hedges, or other screening and buffering required by subdivision shall be maintained as originally approved until such time as the property for which the Landscaping Plan has been approved is used for single family dwellings.
5) Enforcement
Whenever the building official determines that a violation of this section exists, the official shall give written notice to the property owner. Such notice shall include the amount of the time allowed to bring the property in compliance shall not be less than thirty days or more than ninety days from the date of written notice. The City may allow an extended period of time for competition of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months may be granted due to seasonal or weather conditions.
(Ordinance No. 274, Adopted 6-07-05)
H. Glare. Any lighting used to illuminate an off-street parking area, sign, or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property.
I. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-15.
J. Dust and Other Particulated Matter. The emission of dust, fly ash, or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-15.
K. Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-15.
L. Noise. The emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-15.
M. Refuse. Passenger automobiles, station wagons, and trucks not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of thirty (30) days, and all materials stored outside in violation of the City ordinance are considered refuse or junk and shall be disposed of. The piling of junk in yards in all residential districts shall be considered a nonconforming use and shall be removed within a period of three (3) months after the effective date of this ordinance.
N. Exterior Storage. All materials and equipment, except as provided for in Sections 5 through 19 of this ordinance, shall be stored within a building or fully screened so as not to be visible from adjoining proper-ties, except for the following:
1. Clothes line pole and wires.
2. Recreational equipment and vehicles.
3. Construction and landscaping material currently being used on the
premises.
4. Off-street parking of passenger vehicles and trucks not exceeding a gross capacity of twelve thousand (12,000) pounds in residential areas.
(To Top of Page / Back to Zoning Ordinance Index)
A. Purpose. This section identifies minimum yard spaces and areas to be provided for in each zoning district.
B. 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, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another structure.
C. The following shall not be considered as encroachments on yard setback requirements:
1. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like provided they do not project more than four and one-half (4-1/2) feet into a yard.
2. Terraces, steps, uncovered porches, stoops or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than two (2) feet from any lot line.
3. In rear yards: recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, detached outdoor living room garages, and air conditioning or heating equipment.
Subd. 4. Area and Building Size Requirements.
A. Usable Open Space. Each multiple family dwelling site shall contain at least five hundred (500) square feet of usable open space as defined by Section 2, Subd. 134, of this ordinance for each dwelling unit contained hereon.
B. Exceptions. The building height limits established herein for districts shall not apply to the following:
1. Belfries
2. Chimney or flues
3. Church spires
4. Cooling towers
5. Cupolas and domes which do not contain usable space
6. Elevator penthouses
7. Flag poles
8. Monuments
9. Parapet walls extending not more than three (3) feet above the limiting height of the building
10. Water towers
11. Poles, towers, and other structures for essential services
12. Necessary mechanical and electrical appurtenances
13. Television and radio antennas not exceeding twenty (20) feet above roof
14. Farm dwellings
(To Top of Page / Back to Zoning Ordinance Index)
C. Minimum Floor Area Per Dwelling Unit.
1. Multiple Dwelling Units. Except for elderly housing, living units classified as multiple dwellings shall have the minimum floor areas per unit:
One bedroom units 600 square feet
Two bedroom units 720 square feet
More than two bedroom units an additional 100 square feet for each additional bedroom.
2. Elderly (Senior Citizen) Housing. Living units classified as elderly senior citizen housing units shall have the following minimum floor area per unit:
Efficiency units 440 square feet
One bedroom 520 square feet
Subd. 5. Off-Street Parking Requirements.
A. Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures.
B. Application of Off-Street Parking Regulations. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City.
C. Site Plan Drawing Necessary. All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensions indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in this section.
D. 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 area dimensions of the buildings, structure, or use times the number of floors, minus ten (10) percent.
2. Reduction of Existing Off-Street Parking Space or Lot Area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of this ordinance 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.
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 are 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. No Off-Street Parking. Facilities accessory to resi-dential use shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one (1) truck not to exceed gross capacity of twelve thousand (12,000) pounds; and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments.
7. Calculating Space.
(a) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space.
(b) In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements.
(c) Should a structure contain two (2) or more types of uses, each use shall be calculated separately for deter-mining the total off-street parking spaces required.
(To Top of Page / Back to Zoning Ordinance Index)
8. Stall, Aisle, and Driveway Design.
(a) Parking Space Size. Each parking space shall require a minimum of three hundred (300) square feet and be not less than nine (9) feet wide and eighteen (18) feet in length, and each space shall be and each space shall be served adequately by access aisles. (Ord. No. 163 Adopted: 4/7/98)
(b) Within Structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached `thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this ordinance.
(c) Except in the case of single, two family and town-house 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, two family and townhouse dwellings, parking area design which requires backing into a public street is prohibited.
(d) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street rights-of-way. Minimum distance for commercial and industrial uses shall be sixty (60) feet. This distance shall be measured from the intersection of lot lines.
(e) Parallel parking spaces shall be at least twenty-two (22) feet in length.
(f) Curb cut access shall not exceed the following widths:
1. In residential districts curb cut widths shall not exceed 24 feet;
2. In commercial and industrial districts no curb cut widths shall exceed 40 feet.
(Amended: Ord. 143, 9/3/96)
(g) Curb cut openings shall be at minimum five (5) feet from the side yard property line.
(h) Driveway access curb openings on a public street except for single, two family and townhouse dwellings, shall not be located less than forty (40) feet from one another.
(i) The grade elevation of any parking area shall not exceed five (5) percent.
(j) Each property shall be allowed one (1) curb cut access for each one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one (1) curb cut. Single family uses shall be limited to one (1) curb cut access per property.
(k) Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Plans for surfacing or drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for his review and the final drainage plan shall be subject to his written approval.
(l) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and be in compliance with Section 3, Subd. 2H, of this ordinance.
(m) Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot.
(n) Curbing and Landscaping. Except for single, two family and townhouses, all open off-street parking shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than five (5) feet to any lot line. Grass, plantings, or surfacing material shall be provided in all areas bordering the parking area.
(o) Required Screening. All open, non-residential, off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Section 3, Subd. 2G, of this ordinance.
(To Top of Page / Back to Zoning Ordinance Index)
E. Maintenance. It shall be the joint responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping, and required fences.
F. Location. All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows:
1. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of Section 3, Subd. 51.
2. Except for single, 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. There shall be no off-street parking within fifteen (15) feet of any street surface.
4. The boulevard portion of the street right-of-way shall not be used for parking.
5. Setback Area. Required accessory off-street parking shall not be provided in front yards or in side yards in the corner lot, in R-1, R-2, R-3, R-LB, and B-1 districts.
6. In the case of single family, two family, and town-house dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage of one (1) open, surfaced space located on the side of a driveway, away from the principal use. Said extra space shall be surfaced with concrete or bituminous material.
G. Use of Required Area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by Section 3, Subd. 2M, of this ordinance, and/or storage of snow.
H. Number of Spaces Required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth:
1. Single Family, Two Family and Townhouse Units. Two (2) spaces per unit.
2. Boarding House, Fraternity House, Sorority House, Rooming House. At least one (1) parking space for each two (2) persons for whom accommodations are provided for sleeping.
3. Multiple Family Dwellings. At least one and one-half (1-1/2) fee free space per unit.
4. Public Parks, Playgrounds, and Playfield. At least five (5) parking spaces for each acre of park over one (1) acre; two (2) parking spaces per acre for play-grounds, and ten (10) spaces for each acre of playfield. When a public recreation site has more than one (1) use designation, the areas must be divided for determining the required parking spaces.
5. Motels, Motor Hotels, Hotels. One (1) space per each rental unit, plus one (1) space for each ten (10) units and one (1) space for each employee on any shift.
6. School, Elementary and Junior High. At least one (1) parking space for each classroom plus one (1) additional space for each fifty (50) student capacity.
7. School, High School Through College. At least one (1) parking space for each seven (7) students on design capacity plus one (1) for each three (3) classrooms.
8. Church, Theatre, Auditorium. At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this ordinance.
9. Baseball Fields, Stadiums. At least one (1) parking space for each eight (8) seats of design capacity.
(To Top of Page / Back to Zoning Ordinance Index)
10. Community Centers, Physical Culture Studios, Libraries, Museums & Art Galleries. Ten (10) spaces plus one (1) for
each (300) square feet in excess of two thousand (2,000) square feet of floor area in the principal structure. (Amended: 11/4/98 Ord. No. 171)
11. Sanatoriums, Convalescent Homes, Rest Homes, Nursing Homes, or Day Nurseries. Four (4) spaces plus one (1) for each three (3) beds for which accommodations are offered.
12. Elderly (Senior Citizen) Housing. Reservation of area equal to one (1)
parking space per unit. Initial development is, however, required of only one-half (1/2) space per unit and said number of spaces can continue until such time as the City Council considers a need for additional parking spaces has been demonstrated.
13. Drive-In Establishment and Convenience Food. At least one (1) parking space for each fifteen (15) square feet of gross floor area, but not less than fifteen (15) spaces.
14. Office Buildings, Animal Hospitals, and Professional Offices. Three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area.
15. Bowling Alley. At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure.
16. Motor Fuel Station. At least four (4) off-street parking spaces plus two (2) off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts, or service shall be required to provide additional parking in compliance with other applicable sections of this ordinance.
17. Retail Store and Service Establishment. At least one (1) off-street parking space for each two hundred (200) square feet of floor area.
18. Retail Sales and Service Business with Fifty (50) Percent or More of Gross Floor Area Devoted to Storage, Warehouses, and/or Industry. At least eight (8) spaces or one (1) space for each two hundred (200) square feet devoted to public sales or service plus one (1) space for each five hundred (500) square feet of storage area; or at least eight (8) spaces or one (1) space for each employee on the maximum shift, whichever is appropriate.
19. Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, Taverns, Nightclubs. At least one (1) space for each forty (40) square feet of gross floor area of dining and bar area and one (1) space for each eighty (80) square feet of kitchen area.
20. Undertaking Establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off the street for making up a funeral procession.
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21. Shopping Center. Where several business uses are grouped together according to a general development plan, off-street automobile parking shall be provided in a ratio of not less than three (3) square feet of gross parking area for each one (1) square foot of gross floor area; separate off-street parking space shall be provided for loading and unloading.
22. Golf Course, Golf Clubhouse, Country Club, Swimming Club, Tennis Club, Public Swimming Pool. Twenty (20) spaces plus one (1) space for each five hundred (500) square feet of floor area in the principal structure.
23. Research, Experimental or Testing Stations. One (1) off-street parking space for each employee on the major shift or one (1) off-street parking space for each five hundred (500) square feet of gross floor area within the building, whichever is greater.
24. Wholesale Business Establishments. One (1) off-street parking space for each employee on the major shift or one (1) space for each two thousand (2,000) square feet of gross floor area, whichever is greater, plus one (1) off-street parking space for each company motor vehicle when customarily kept on the premises.
25. Auto Repair, Major Bus Terminal, Taxi Terminal, Boats and Marine Sales and Repair, Bottling Company, Shop for a Trade Employing Six (6) or Less People, Garden Supply Store, Building Material Sales in Structure. Eight (8) off-street parking spaces, plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet.
26. Skating Rink, Dance Hall, or Public Auction House. Twenty (20) off-street parking spaces, plus one (1) additional off-street parking space for each two hundred (200) square feet of floor space over two thousand (2,000) square feet.
27. Golf Driving Range, Miniature Golf, Archery Range. Ten (10) off-street parking spaces plus one (1) for each one hundred (100) square feet of floor area.
28. Manufacturing, Fabricating or Processing of a Product or Material; Warehouse, Storage, Handling of Bulk Goods, Post Offices. At least eight (8) spaces plus one (1) space for each two (2) employees on each shift based on maximum planned employment or at a minimum at least eight (8) spaces plus one (1) space for each five hundred (500) square feet of floor area.
29. Car Wash. (In addition to required magazining or stacking space).
(a) Automotive Drive Through, Serviced. A minimum of ten (10) spaces, or one(1) space for each employee on the maximum shift, whichever is greater.
(b) Self-Service. A minimum of two (2) spaces.
(c) Motor Fuel Station Car Wash. Zero in addition to that required for the station.
30. Hospitals. Two (2) spaces for each bed.
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I. Joint Facilities.
1. The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided is less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist:
(a) Up to fifty (50) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection (d) below.
(b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below 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, or restaurants.
(c) Up to eighty (80) percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under (d) below as primarily daytime uses.
(d) For the purpose of this section, the following uses are considered a primarily daytime use: banks, business offices, retail stores, personnel service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing wholesale or similar uses.
(e) Conditions required for joint use:
(1) The building or use which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities.
(2) The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) 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 off-street 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 Registrar of Deeds, Becker County.
J. Off-Site Parking.
1. Any off-site parking which is used to meet the requirements of this ordinance shall be a conditional use as regulated by Section 22 of this ordinance and shall be subject to the conditions listed below.
2. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this ordinance.
3. Reasonable access from off-site parking facilities to the use being served shall be provided.
4. The site used for meeting the off-site parking requirements of this ordinance shall be under the same ownership as the principal use being served or under public ownership.
5. Off-site parking for multiple family dwellings shall not be located more than one hundred (100) feet from any normally used
entrance of the principal use served.
6. Off-site parking for non-residential uses shall not be located more than three hundred (300) feet from the main entrance of the principal use being served. No more than one (1) main entrance shall be recognized for each principal building.
7. Any use which depends upon off-site parking to meet the requirements of this ordinance shall maintain ownership and parking utilization of the off-site location until such time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.
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K. Commercial Uses with Parking Lots in Residential District. When in its opinion the best interests of the community will be served thereby, the City Council may permit temporarily or permanently the use of land in a Residential District for a parking lot where the land abuts a commercial use. Such use shall be permitted as a conditional use provided that:
a. The lot is to be used only for the parking of passenger automobiles of employees, customers, or guests of the person or firm controlling and operating the lot, and responsible for its maintenance.
b. The site used for parking be under the same ownership of the principal use being served.
c. The lot is not to be used for sales, repair work, or servicing of any kind.
d. Entrance to and exit from the lot are to be located so as to be the least intrusive of the Residential District.
e. No advertising sign or material is to be located on the lot.
f. All parking is to be kept back of the building setback line by barriers unless otherwise specifically authorized by the City Council.
g. The parking lot and that portion of the driveway back of the building line is to be adequately screened from the street and from adjoining property in a Residential District by a sight-obscuring fence or wall not less than six (6) feet high and located back of the building setback line; and lighting is to be arranged so that there will be no glare to the occupants of adjoining property in a Residential District.
h. The Conditional Use Permit expires if there is any change in the principal use.
i. Such other conditions as may be deemed necessary by the
City Council to protect the character of the Residential District.
(AMENDED 7-5-95 ORD. # 124)
A. Purpose. The regulation of loading spaces is these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.
B. Location.
1. All required loading berths shall be off-street and located on the same lot as the building or use to be served.
2. All loading berth curb cuts shall be located at mini-mum fifty (50) feet from the intersection of two (2) or more street rights- of-way. This distance shall be measured from the property line.
3. No loading berth shall be located closer than fifty (50) feet from a residential district unless within a structure.
4. Loading berths shall not occupy the front yard set-backs.
5. Loading berths located at the front or at the side of buildings on a corner lot shall require a conditional use permit.
(a) Loading berths shall not conflict the pedestrian movement.
(b) Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.
(c) Loading berths shall comply with all other requirements of this section.
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6. Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.
C. Accessory Use, Parking and Storage. Any space allo-cated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles, or snow, and shall not be included as part of the space requirements to meet the off-street area.
D. Screening. Except in the case of multiple dwellings, all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with Section 3, Subd. 2G, of this ordinance.
E. Size. Unless otherwise specified in these zoning regulations, the first loading berth shall be not less than fifty-five (55) feet in length and additional berths required shall be not less than thirty (30) feet in length and all loading berths shall be not less than ten (10) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space.
F. Number of Loading Berths Required. The number of required off-street loading berths shall be as follows:
1. Manufacturing, Fabrication, Processing, Warehousing, Storing, Retail Sales, Schools, and Hotels. For such a building five thousand (5,000) to one hundred thousand (100,000) square feet of floor area, one (1) loading berth fifty-five (55) feet in length and one (1) additional berth for each additional one hundred thousand (100,000) square feet or fraction thereof, plus one (1) berth thirty (30) feet in length for each thirty-five thousand (35,000) square feet of floor area or fraction thereof.
2. Auditorium, Convention Hall, Exhibition Hall, Sports Arena, or Stadium. Ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, one (1) loading berth; for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof, one (1) additional loading berth.
Subd. 7. Land Reclamation. Under this ordinance land reclamation is the reclaiming of land by depositing of materials so as to elevate the grade. All land reclamations shall be controlled under the provisions of the State Uniform Building Code and shall require a permit from the City Building Inspector.
Subd. 8. Mining. The extraction of sand, gravel, or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site without processing shall be defined as mining. In all districts the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted and the route of trucks moving to and from the site.
Subd. 9. Signs. Regulations of signs shall be provided for in this zoning ordinance Section 24.