§ 220-1. Purpose.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). This is an ordinance for the regulation of the use of land in the City of Kellogg, including the regulation of the location, size, use and height of buildings, the arrangement of buildings on lots and the density of population for the purpose of promoting the public health, safety, order, convenience and general welfare of the citizens of Kellogg.

§ 220-2. Title.

This chapter shall be known, cited and referred to as the "Kellogg Zoning Ordinance."

§ 220-3. Statutory authority.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). This chapter has been enacted in accordance with authority granted the City in Minn. Stat. §§ 462.357 and 462.358.

§ 220-4. Intent and purpose.

This chapter is adopted for the purpose of:

A. Implementing the goals and policies of the Kellogg Comprehensive Plan by regulating land uses.

B. Protecting the public health, safety, comfort, convenience, and general welfare.

C. Promoting orderly development of residential, commercial, industrial, recreational, and public areas.

D. Conserving and protecting the natural resources in the City.

E. Providing for the compatibility of different land uses and the most appropriate use of land throughout the City.

F. Minimizing environmental pollution.

G. Conserving energy through the encouragement of alternative energy usage for commercial, industrial, and residential areas.

[Amended 1-12-2004]

§ 220-5. Jurisdiction.

The jurisdiction of this chapter shall apply to all the area within the City of Kellogg's incorporated limits.

§ 220-6. Scope.

From and after the effective date of this chapter, no structure shall be erected, constructed, enlarged, reconstructed, or altered and no structure or land shall be used or occupied for any purpose nor any manner which is not in conformity with this chapter, except as specifically provided herein. Any structure or use existing upon the effective date of the adoption of this chapter shall be considered a nonconforming use subject to the rights and limitations specified in Articles II, III and IV of this chapter.

§ 220-7. Interpretation and application.

A. This chapter shall be applicable to all lands, structures and waters within the corporate limits of Kellogg, Minnesota.

B. In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety and welfare.

C. No part of the yard or open space required for a given building shall be included as a part of the yard or other space required for another building, and no lot shall be used for more than one principal building.

D. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, scenery lofts, tanks, water towers, spires, wireless or broadcasting towers, masts or aerials, and necessary mechanical appurtenances are hereby exempt from the height regulations of this chapter and may be erected in accordance with the City of Kellogg planning and zoning ordinances. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Temporary buildings that are used in conjunction with construction work, including trailers and manufactured/mobile homes used as offices and for tool storage, may be permitted in any district during the period that construction is taking place, but such temporary buildings shall be removed within 30 days after completion of construction work.

§ 220-8. Word usage.

The language set forth in the text of this chapter shall be interpreted in accordance with the following terminology:

A. The singular number includes the plural and the plural the singular.

B. The present tense includes the past and the future tenses, and the future tense includes the present tense.

C. The word "shall" is mandatory, and the word "may" is permissive.

D. All measured distances expressed in feet shall be to the nearest foot.

E. In the event of conflicting provisions, the more restrictive provisions shall apply.

§ 220-9. Definitions.

The following words and terms, whenever they occur in this chapter, are defined as follows:

ACCESSORY USE OR STRUCTURE

A use or structure, or portion of a structure, subordinate to and serving the principal use of a structure on the same lot and customarily incidental thereto.

AGRICULTURAL USE

The use of land for the growing and/or production of field crops, livestock and livestock product for the production of income, including but not limiting to the following:

A. Field crops, including barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers.

B. Livestock, including dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds, and other animals, including dogs, ponies, deer, rabbits, and mink.

C. Livestock products, including milk, butter, cheese, eggs, meat, fur and honey.

ALLEY

A street or thoroughfare affording secondary access to abutting property.

AGRICULTURAL BUILDING OR STRUCTURE

Any building or structure existing or erected, which is used principally for agricultural purposes, with the exception of dwelling units.

APARTMENT

A room or suite of rooms with separate cooking an bath facilities available which is occupied as a residence by a single family or group of individuals living together as a single family unit. This includes any unit in buildings with more than two dwelling units.

AUTO OR MOTOR VEHICLE REDUCTION YARD

A lot or yard where one or more unlicensed motor vehicle(s), or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sales as scrap, storage or abandonment. (See also "junkyard.")

AUTOMOBILE SERVICE STATION

A building designed primarily for the supplying of motor fuel, oil, lubrication and accessories to motor vehicles or any portion thereof.

BASEMENT

A portion of a building located partly underground but having 1/2 or more of its floor-to-ceiling height above the average grade of the adjoining ground. (See also "cellar.")

BED-AND-BREAKFAST, BOARDINGHOUSE, ROOMING OR LODGING HOUSE

A building other than a motel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more unrelated persons, but not to exceed 20 persons. Said building may or may not provide separate bath and cooking facilities.

BUILDING

Any structure having a roof, which may provide shelter or enclosure or persons, animals, chattel or property of any kind.

BUILDING HEIGHT

The vertical distance to be measured from the average grade of a building line to the top, to the cornice of a flat roof, to the deckline of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on round or other arch-type roof, to the mean distance of the highest gable on a pitched or hip roof.

BUILDING LINE

Any structure parallel to the street right-of-way line 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 line.

BUILDING SETBACK

The minimum horizontal distance between the building at its furthest protrusion and a lot line, or the normal high-water mark of a stream or river.

BUSINESS

Any occupation, employment or enterprise wherein merchandise is exhibited or sold or where services are offered for compensation.

CELLAR

That portion of a building having more than 1/2 of the floor-to-ceiling height below the average grade of the adjoining ground. The cellar shall not be counted as a story for purposes of height limitations. (See also "basement.")

CHURCH

A building 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

The City of Kellogg.

CLUB or LODGE

A club is a nonprofit association of persons who are bona-fide members paying annual dues, use of the premises being restricted to members and guests.

CLUSTERING/CLUSTER HOUSING

A development pattern and technique whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land.

COMMISSIONER

Commissioner of the Department of Natural Resources of the State of Minnesota.

COMPREHENSIVE PLAN

A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development of the City and its environs and includes any unit or part or such plan separately adopted and any amendment to such plan or parts thereof.

CONDITIONAL USE

A use classified as conditional generally may be appropriate or desirable in a specified zone, but requires special approval because if not carefully located or designed it may create special problems such as excessive height or bulk or traffic congestion.

CONDOMINIUM

A form of individual ownership of an attached dwelling within a multifamily building with joint responsibility for maintenance and repairs of the common property. In a condominium, its occupant may own each apartment or townhouse outright, and each owner also owns a share of the land and other common property.

COOPERATIVE

A multiunit development operated for and owned by its occupants. Individual occupants do not own their own specific housing unit outright as in a condominium, but they own shares in the total enterprise.

CURB LEVEL

The grade elevation established by the City Council of the curb in front of the center of the building. Where no curb level has been established, the City Council shall determine a curb level or its equivalent for the purpose of this chapter.

DEVELOPMENT

Any man-made change to improve or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operation.

DRIVE-IN

Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile occupants is offered regardless of whether service is also provided within a building.

DWELLING, ATTACHED

One that is joined to another dwelling or building at one or more side(s) by a party wall or walls and includes separate cooking and bath facilities.

DWELLING, DETACHED

One that is entirely surrounded by open space on the same lot with no common party walls.

DWELLING UNIT

A residential building or portion thereof intended for occupancy by a single family but not including hotels, motels, boarding- or rooming houses or tourist homes. There are three principal types:

A. SINGLE-FAMILY DETACHED — A freestanding residence structure designed for or occupied by one family only.

B. SINGLE-FAMILY ATTACHED — A residential building containing two or more dwelling units with one common wall.

(1) DUPLEX — A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.

(2) TOWNHOUSE — A residential building containing two but less than nine dwelling units with at least one common wall for each unit, each unit so oriented as to have all exits open to the outside.

(3) MULTIPLE-FAMILY — A residence designed for or occupied by three or more families, either wholly (attached) or partially a part of a large (detached), with separate housekeeping and cooking facilities for each.

EARTH-SHELTERED BERM

An earth covering on the above-grade portions of building walls.

EARTH-SHELTERED BUILDING

A building constructed so the 50% or more of the completed structure is covered with earth. Earth covering is measured from the lowest level of livable space in residential units and of usable space in nonresidential buildings. An earth-sheltered building is a complete structure that does not serve just as a foundation or substructure for aboveground construction. A partially completed building shall not be considered earth-sheltered.

EASEMENT

A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining walkways; roadways; utilities, including but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm or sewer drainageways and gaslines.

EFFICIENCY UNIT

A dwelling unit with one primary room which doubles as a living room, kitchen and bedroom.

ESSENTIAL SERVICES

Overhead or underground electrical, gas, steam or water transmission or distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith but not including buildings.

EXTERIOR STORAGE

The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. (Includes open storage.)

EXTRACTION AREA

Any nonagricultural artificial excavation of earth exceeding 50 square feet of surface area of two feet in depth, other than activity involved in preparing land for earth-sheltered or conventional construction of residential, commercial and industrial buildings, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone and other natural matter, or made by turning, breaking or undermining the surface of the earth, except that public improvement projects shall not be considered extraction areas.

FAMILY

One or more persons related by blood, marriage or adoption. Five or fewer persons nonrelated by blood, marriage or adoption will be considered family regardless of the ownership of the unit amongst the five or fewer persons.

FARM

A tract of land which is principally used for agricultural activities, such as the production of cash crops, livestock or poultry farming. Such farms may include agricultural dwelling and accessory buildings and structures necessary to the operation of the farm.

FENCE

Any partition, structure, wall or gate erected as a divider marker, barrier or enclosure and located along the boundary or within the required yard.

FLOOR AREA

The sum of the gross horizontal area of the several floors of the building or portion thereof devoted to particular use, including accessory storage areas located within a building or structure.

FRONTAGE

That boundary of a lot which abuts an existing or dedicated public street.

GARAGE, PRIVATE

An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises.

GARAGE, SELF-STORAGE

Any building, which provides individual storage units, which are areas that may be accessed only by the individual who is storing materials in the unit or area. Any structure containing two or more such storage units shall be considered a self-storage garage.

GARAGE, STORAGE

Any building or premises used for housing motor-driven vehicles and at which automobile fuels are not sold or motor vehicles are not equipped, repaired, hired or sold.

GOVERNING BODY

The City Council of Kellogg.

GRADE

The average of the finished level at the center of the exterior walls of the building. For an earth-sheltered building, "grade" means the average of the finished level at the center of the lot. For a building with earth berms but less than 50% earth covering, "grade" means the average of the finished level at the center of the building at the beginning of the earth berm.

HOME OCCUPATION

Any gainful occupation or profession engaging in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit. Such units include professional offices, minor repair shops, photo or art studios, dressmaking, barbershops, beauty shops, tourist homes or uses deemed similar by the City Council.

HORTICULTURE

Horticulture uses and structures designed for the storage of products and machinery pertaining and necessary thereto.

HOTEL

A building, which provides a common entrance, lobby, halls and stairway and in which 20 or more people can be, for compensation, lodged with or without meals.

JUNKYARD

An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an automobile wrecking yard but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills. All junkyards shall be completely screened from all rights-of-way or developed areas with a solid fence or wall eight feet or more in height, maintained in good condition and landscaped with suitable plantings. All existing junkyards shall comply with these requirements within one year from enactment of this chapter or shall terminate their operation.

KENNEL

Any structure or premises on which four or more domestic animals (i.e., dogs, cats, etc.) over six months of age are kept for sale, breeding, profit, training, etc.

LANDSCAPING

Plantings, including trees, grass, ground cover and shrubs.

LODGING ROOM

A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.

LOT

A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision of record or survey map, for the purpose of sale, lease or separate use thereof.

LOT AREA

The area of a lot in a horizontal plane bounded by the lot lines.

LOT COVERAGE

The area of the zoning lot occupied by the principal buildings and accessory buildings. Earth berms are not to be included in calculating lot coverage. Only the above grade portions of an earth-sheltered building shall be included in lot coverage calculations.

LOT DEPTH

The mean horizontal distance between the front lot line and the rear lot line of a lot.

LOT LINE

The property line bordering a lot, except that any portion of a lot that extends into the public right-of-way shall be the lot line for purposes of this chapter.

LOT LINE, FRONT

That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street.

LOT LINE, REAR

That boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the minimum distance from the front lot line.

LOT LINE, SIDE

Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD

Any lot which is one unit of plat heretofore duly approved and filed, one unit of an Auditor's subdivision or a registered land survey that has been recorded in the office of the County Recorder for Wabasha, Minnesota, prior to the effective date of this chapter.

LOT WIDTH

The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of the lot depth.

LOT, CORNER

A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135°.

LOT, SUBSTANDARD

A lot or parcel of land for which a deed has been recorded in the office of the Wabasha County Recorder upon or prior to the effective date of this chapter which does not meet the minimum lot area, structure setbacks or other dimensional standards of this chapter.

MANUFACTURED HOME

A structure transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that the term includes any structure which meets all requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established by the State of Minnesota.

METES AND BOUNDS

A method of property description by means of their direction and distance from an easily identifiable point.

MINING

The extraction of sand, gravel, rock, soil or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided that such removal is an approved item in the building permit.

MODULAR HOME

A nonmobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made and permanently affixing the module to the site with a permanent foundation.

MOTEL (TOURIST COURT)

A building or group of detached, semidetached or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients.

MOTOR HOME or RECREATIONAL VEHICLE

Any vehicle mounted on wheels and for which a license would be required if used on highways, roads or streets and so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes and used for recreational purposes.

NURSERY, LANDSCAPE

A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction.

NURSING HOME

A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. The State Board of Health as provided for in Minn. Stat. § 144.50, shall license said nursing home.

OPEN SALES LOT (EXTERIOR STORAGE)

Any land used or occupied for the purpose of buying and selling any goods, materials or merchandise and for storing of it under the open sky prior to sale.

PARKING SPACE

A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.

PEDESTRIANWAY

A public or private right-of-way across or within a block, to be used by pedestrians.

PLANNED UNIT DEVELOPMENT

A residential development whereby buildings are grouped or clustered in and around common open space areas in accordance with a prearranged site plan and where the common open space is owned by a homeowners' association.

PLANNING COMMISSION

The Planning Commission of Kellogg.

PRINCIPAL STRUCTURE OR USE

One which determines the predominate use as contrasted to accessory use of structure.

PROPERTY LINE

The legal boundaries of a parcel of property which may also coincide with a right-of-way line or a road, cartway and the like.

PROPERTY OWNER

Any person, association or corporation having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominate easement interest, or an option to purchase any of the same, but not including owners or interests held for security purposes only.

PROTECTIVE COVENANT

A contract entered into between private parties, which constitutes a restriction of the use of a particular parcel of property. Such covenants shall be considered valid only when they are recorded and filed in the office of the Wabasha County Recorder.

PUBLIC LAND

Land owned or operated by municipal, school district, county, state or other governmental units.

RECREATION, COMMERCIAL

Includes all uses such as bowling alleys, roller and skating rinks, driving ranges and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public.

RECREATION, PUBLIC

Includes all uses such as tennis courts, ball fields, picnic areas and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.

REGISTERED LAND SURVEY

A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into tract or tracts of a registered land survey with a number assigned pursuant to Minn. Stat. § 508.47. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

ROADSIDE STAND

A temporary structure enclosed and so designed and constructed that the structure is easily portable and can be removed.

ROW HOUSE

A multifamily dwelling that maintains private ingress and egress, is attached to its own foundation, contains no individual dwelling above and below it, and is attached to another common dwelling by a common wall.

SATELLITE DISH ANTENNA

An apparatus specifically designed and capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

SELECTIVE CUTTING

The removal of single scattered trees.

SETBACK

The minimum distance between a structure or sanitary facility and a property line.

SIGN

Any letters, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising purposes. For purposes of this chapter, a flag constitutes a sign, but not including an emblem or insignia of a government, school or religious group when displayed for official purposes.

SIGN, ADVERTISING

Any sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such a sign is located.

SIGN, BUSINESS

Any sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such a sign is located.

SIGN, FLASHING

Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

SIGN, FLAT WALL

A sign affixed directly to the exterior wall and confined within the limits thereof of any building and which projects from that surface less than 18 inches at all points.

SIGN, NAMEPLATE

Any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.

SIGN, PROJECTING

Any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.

SIGN, PYLON

Any freestanding sign erected upon a single pylon or post, which is in excess of 10 feet in height.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

SIGN, ROTATING

Any sign which rotates or revolves around its axis by mechanical means.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

SIGN, SURFACE AREA OF

The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside of the limits of such sign and not forming an integral part of the display.

SOLAR ACCESS SPACE

That airspace above all lots within the district necessary to prevent any improvement, vegetation or tree located on said lots from casting a shadow upon any solar device located within said zone greater than the shadow cast by a hypothetical vertical wall 10 feet high located along the property lines of said lots between the hours of 9:30 a.m. and 3:30 p.m., central standard time on December 21; provided, however, that this chapter shall not apply to any improvements or tree which casts a shadow upon a solar device or to vegetation existing at the time of installation of said solar device.

SOLAR COLLECTOR

A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.

SOLAR ENERGY SYSTEM

A. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and component to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). To qualify as a solar energy system, the system must be permanently located for not less than 90 days in any calendar year beginning with the first calendar years after completion of construction.

B. Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions such as structural and recreational.

SOLAR SKY SPACE

The space between a solar energy collector and the sun, which must be free of obstructions that shade the collector to an extent which precludes it cost effective operation.

SOLAR SKY SPACE EASEMENT

A right, expressed as an easement, covenant, condition or other property interest, in any deed or other instrument executed by or on behalf of any landowner, which protects the solar sky space of an actual, proposed or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy. The solar sky space must be described as the three-dimensional space in which obstruction is prohibited or limited, or as the times of day during which direct sunlight to the solar collector may not be obstructed, or as a combination of the two methods.

SOLAR STRUCTURE

A structure designed to utilize solar energy as an alternate for or supplement to conventional mechanical heating systems.

STABLE, PRIVATE

An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

STABLE, PUBLIC

A building where horses are kept for remuneration, hire or sale, therefore, a principal building and/or use.

STORY

The portion of a building included between the surface of any floor and the surface of the next floor above, including below-ground portions of earth-sheltered buildings.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STREET

A public right-of-way that affords primary means to abutting property, and shall also include avenue, highway, road or way.

STREET PAVEMENT

The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH

The width of the right-of-way, measured at right angles to the center line of the street.

STREET, COLLECTOR

A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.

STREET, LOCAL

A street intended to serve primarily as an access to abutting properties.

STREET, MAJOR OR THOROUGHFARE

A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as beams, columns, or girders, or any change in the roof or in any exterior walls. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

STRUCTURE

Anything constructed, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground.

Editor's Note: The definition of "subdivision," which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The definition of this term from § 220-21 was moved into this § 220-9.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land, regardless of how it is to be used, into two or more lots; or the division or redivision of land involving dedication of a new park, walkway, street or other public right-of-way facility or the vacation, realignment or any other change in existing streets, alleys, easements, recreation areas, water or other public improvements or facilities; provided, however, that 1) the division of land solely for agricultural purposes into parcels of 40 acres or more shall not be deemed a subdivision if no public streets, easements or public facilities are involved; and 2) the division of a lot for the purpose of attachment to contiguous lots provided no residual plot is left unattended.

TWIN HOME

Single-family structure with two single family attached dwellings located on the individual lots in such a manner that the common party wall is located on the side lot line, thereby creating a zero lot line setback for each structure.

USE

The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilizing or maintained.

USE, ACCESSORY

A use secondary to and serving the principal use or structure on the same lot and customarily incidental thereto.

USE, CONDITIONAL

See "conditional use."

USE, NONCONFORMING

Use of land, buildings, or structures legally existing at the time of adoption of this chapter that does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.

USE, PERMITTED

A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.

USE, PRINCIPAL

The main use of land or buildings as distinguished from subordinate or accessory use. A principal use may be either permitted or conditional.

VARIANCE

A modification or variation of the provisions of this chapter it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of this chapter would cause undue hardship.

YARD

A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. For earth-sheltered buildings and buildings covered with earth berms, the line of the building regardless of whether it is above or below grade.

YARD, FRONT

A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to a depth required by setback regulations for the zoning district in which such lot is located.

YARD, REAR

The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot.

YARD, SIDE

The yard extending along the side lot line between the front yard and the rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located.

ZONING ADMINISTRATOR

The duly appointed person charged with enforcement of this chapter.

ZONING DISTRICT

An area or areas within the limits of the City for which the regulations and requirements governing use are uniform as defined by this chapter.

§ 220-10. Zoning permit required; application.

A. Except as hereinafter provided, no person, firm or corporation shall construct, erect, alter, wreck, or move any building or structure or parts thereof within the corporate limits of the City of Kellogg without first securing a zoning permit from the City of Kellogg.

B. Application for a zoning permit will be made on forms to be furnished by the City of Kellogg. Each application for a permit to construct or alter a building shall be accompanied by a plan drawn to scale showing dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected. Applications for any kind of zoning permit shall contain such other information as may be deemed necessary for the proper enforcement of this chapter or any other. All applications shall be submitted seven day prior to the regularly scheduled Planning Commission meeting.

§ 220-11. Issuance of permits.

[Amended 1-13-1993; 1-12-2004]

A. The City Council shall issue the building permit only after the building plans have been approved by the appointed building official. All permit applications, except as otherwise provided for, shall be reviewed by the Planning Commission, prior to Council actions.

B. The City Council may issue permits for demolition of any structure after payment of applicable fee with prior approval by the Planning Commission. A copy of the permits issued shall be given to the Planning Commission at their next meeting.

§ 220-12. Schedules of fees, charges and expenses.

[Amended 1-12-2004]

A. The City Council shall establish a schedule of fees, charges and expenses, and a collection procedure, for building permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the City Clerk/Treasurer and may be altered or amended only by the City Council.

B. No permit, certificate, conditional use permit or variance shall be issued until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the City Council unless or until preliminary charges and fees have been paid in full.

§ 220-13. Severability.

It is hereby declared to be the intention that several provisions of this chapter are separable in accordance with the following:

A. If any court of competent jurisdiction shall judge any provisions of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment.

B. If any court of competent jurisdiction shall judge invalid the application of any provisions of this chapter to a particular property, building or structure, such judgment shall not affect other property, buildings or structures.

§ 220-14. Purpose.

It is the purpose of this article 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. It is necessary and consistent with the establishment of zoning districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this article that all nonconforming uses shall be eventually brought into conformity.

§ 220-15. Expansion, change, discontinuance or destruction of nonconforming uses.

A. No such use shall be expanded, changed or enlarged if such change shall increase the nonconformity. Lateral additions to nonconforming structures which follow existing building lines and meet all other setbacks are permissible without a variance.

[Amended 1-13-1993]

B. If a nonconforming use is discontinued or a period of 12 months, further use of the structures or property shall conform to this chapter.

C. If a nonconforming structure is destroyed by any cause, to an extent exceeding 50% of its fair market value as indicated by the records of the Wabasha County Assessor, a future structure on the site shall conform to this chapter. Residential structures may be reconstructed upon authorization as a conditional use following the procedures in Article V of this chapter and would cover no greater area or cubic content than before destruction.

D. All nonconforming junkyards, open storage areas, and similar nonconforming uses of open land not involving a substantial investment in permanent buildings shall be removed, altered or otherwise made to conform within one year of the adoption of this chapter.

E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. However, unenclosed decks and patios will be allowed, provided that the appropriate setbacks are met.

F. Nothing in this chapter shall prevent the reconstruction of a structure in safe conditions when said structure is declared unsafe by the certified Building Official, provided that the necessary repairs shall not constitute more than 50% of fair market value of such structure. The Wabasha County Assessor shall determine said value.

G. When any unlawful 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.

H. A lawful nonconforming use of any 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.

§ 220-16. Existing lots.

A lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the Wabasha County Recorder or Registrar of Titles on or before the date of adoption of this chapter may be used for single-family detached dwellings purposes, provided that the area and width thereof are within 60% of the minimum requirements of this chapter.

§ 220-17. Purpose.

All subdivisions of land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. It is the purpose of these regulations to:

A. Encourage well-planned, efficient and attractive subdivisions by establishing adequate standards for design and construction.

B. Provide for the health and safety of residents by requiring the necessary services, such as properly designed streets and adequate sewage and water service.

C. Place the cost of improvements against those benefiting from their construction.

D. Secure the rights of the public with respect to public lands and waters.

§ 220-18. Scope and legal authority.

A. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the community and other land as permitted by state statutes.

B. In the event of overlapping jurisdiction within the prescribed area, the extent of jurisdiction shall be determined and agreed upon between this community and the other municipality or municipalities concerned.

C. Except in the case of resubdivisions, this article shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the County Recorder prior to the effective date of this chapter, nor is it intended by this article to repeal, annul or in any way impair or interfere with existing provisions of laws or ordinances, except those specifically repealed by or in conflict with this article or with restrictive covenants running with the land.

D. Where this article imposes a greater restriction upon the land as imposed or required by such existing provisions of law, ordinance or contract for deed, the provisions of this article shall control.

§ 220-19. Amendments.

The provisions of this article may be amended by the Kellogg City Council.

§ 220-20. Authority.

This article shall be administrated by the Kellogg City Council or any commission which it may designate.

§ 220-21. Definitions and word usage.

A. Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory, and the words "should" and "may" are permissive.

B. In the event of conflicting provisions in the text of this regulation, the more restrictive shall apply.

C. As used in this article, the following terms shall have the meanings indicated:

ENGINEER

The City Engineer or other engineer retained by the City Council for engineering services in connection with subdivision plats, including establishment of grades, preparation of standards and specifications for improvements required to be installed by subdividers, and checking plats and surveys for accuracy.

SUBDIVIDER

Any person, firm, corporation, partnership or association who causes land to be divided, platted or planned into a subdivision for himself or others.

SUBDIVISION

See definition in § 220-9. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-22. Authority of Council and Planning Commission.

A. The City Council is the ultimate platting authority in administration of this article and shall finally approve all plats and land subdivisions.

B. The City Planning Commission shall function in an advisory capacity to assist the Council in the review of plats and the administration of this article and to exercise the powers and duties granted it herein.

§ 220-23. Requirement to conform.

Hereafter, before approval, all land subdivisions, as defined herein, shall be subject to and shall conform to these regulations, including but not necessarily limited to those adopted by the City Council, including the City land use plan, community facility plan, major thoroughfare plan, official map, zoning plan, utility plan and others.

§ 220-24. Summary of plat approval procedures.

The principal steps to be taken by subdividers in preparing subdivision plats and securing approval are those enumerated hereafter in this and in following sections:

A. Consult with the City Zoning Administrator and/or the City Clerk/Treasurer concerning platting requirements, including conformity with City plans and regulations and improvements required to be installed by subdividers.

B. Prepare a preliminary plat according to the requirements of § 220-27 and other sections hereof and file copies of the plat and accompanying data with the City Zoning Administrator and/or City Clerk/Treasurer with the prescribed filing fee.

C. Receive the results of Planning Commission action on the plat. The Commission will give tentative approval or give disapproval of the plat, indicating changes to be made in preparing an acceptable final plat and the methods which may be employed by the subdivider to assure satisfaction of requirements, according to § 220-28 hereof.

D. Have the subdivision survey completed and finally staked and monumented by a registered land surveyor and a final plat prepared in conformity with the approved preliminary plat and with other provisions of law and the requirements herein.

E. File the final plat and required accompanying data with the City Clerk/Treasurer for review by the Planning Commission and the City Council. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) If satisfactory, the final plat will be approved and a certificate of such approval endorsed on the plat.

(2) The Planning Commission will hold a public hearing not less than 10 days and not more than 30 days from published notice of such hearing, before action on a final plat. Editor's Note: See Ch. 21, Hearings.

(3) The City Council, if it deems indicated, may call an additional public hearing or hearings.

F. File a positive transparent reproduction and two dark-line prints of the approved final plat with the City Clerk/Treasurer, together with such additional reproductions and items as may be required by these and all other rules and regulations applicable.

G. File the approved plat with the County Recorder and the County Auditor in the form required by law, with certified copies of the resolution of the City Council approving it.

§ 220-25. Design standards for land subdivisions.

A. A preliminary plat and a final plat shall be in conformity with such of the following design standards as are applicable, such standards being established for the purpose of guiding and accomplishing a coordinated, well adjusted and harmonious City of Kellogg and its environs which will, in keeping with existing and future needs, best promote the public health, safety, order, convenience and general welfare and efficiency and economy in the development of urban services and facilities. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. The following design standards are hereby established, subject to such variances as the Planning Commission may recommend and as may be approved by the City Council as provided in § 220-37 hereof:

(1) General layout, street pattern, proposed private and public areas and uses shall conform to City plans and regulations, county and state highway plans and other applicable plans, to these regulations and to other applicable law.

(2) Where not indicated on plans of such facilities, widths of highways, streets and roads shall be not less than the following:

(a) Major arterial street and primary county highways: 100 feet.

(b) Collector streets, including principal business and industrial streets: 80 feet.

(c) Local business and industrial streets: 66 feet.

(d) Collector streets in residential areas: 66 feet.

(e) Secondary county roads: 66 feet.

(f) Local residential streets and roads: 60 feet.

(g) Alleys, when provided: not less than 20 feet.

(3) Street and road intersections shall be as nearly at right angles as possible.

(4) Street and alley grades, where not previously established, shall be as set or determined by the Engineer, subject to final approval by City Council.

(5) Dead-end streets shall be no longer than 500 feet, with a turnaround at the closed end, having property line and outside-of-roadway diameters of not less than 100 feet and 80 feet, respectively. Another form may be substituted for a circular form as may be recommended by the Planning Commission and subject to final approval by the City Council.

(6) Jogs in streets are permissible only when unavoidable and only when the center lines of the two portions of the street are offset by 125 feet or more.

(7) Alleys may be required by the City Council to serve lots used for other than single-family dwellings. The general policy of the Planning Commission and the City Council shall be to generally disfavor alleys.

(8) Street names shall be subject to City Council approval.

(9) Block lengths shall not exceed 1,320 feet and, if possible, shall not be less than 600 feet in length.

(a) In blocks longer than 600 feet, a pedestrianway with a minimum right-of-way of 12 feet may, at the City Council's option, be required near the center of the block. The use of additional walkways and accessways to schools, parks, scenic points and other destinations may also be required. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(b) A block shall be so designated as to provide two tiers of lots of appropriate depth unless it adjoins a railroad, highway or arterial street and unless the rear lot line abuts a different land use, or topographic conditions necessitate a single tier of lots. In these cases, the lot depth shall be at least 25 feet greater than the minimum requirements.

(10) Each lot shall have general public street accessibility, including accessibility for firefighting, refuse collection and delivery purposes.

(11) Minimum lot areas and widths shall be as required by existing zoning and other regulations, plus whatever additional size may be found by the City Council to be required for sanitary water supply, sewage disposal and adequate drainage and flood control.

(12) Side lot lines shall be at right angles or radial to street lines, or as nearly so as is practically possible.

(13) Sizes of lots in blocks having proposed multiple-family dwellings, commercial, industrial, school, church and institutional uses shall be adequate for the principal use and all required accessory uses, including off-street parking and loading spaces and services areas for automobiles, trucks and buses.

(14) Reserve or so called "buffer" strips preventing access to and from streets shall not be used unless their control is with the City Council under conditions approved by the City Council.

(15) Tree removal and conservation of vegetation. All subdivisions shall be planned, designed, constructed and maintained so that:

(a) Existing healthy trees and native vegetation on the site are preserved to the maximum extent feasible and are protected by adequate means during construction.

(b) Existing vegetation is not disturbed, injured or removed prior to site development, except to the extent necessary to perform preliminary and final surveys.

(c) Following construction, vegetation suitable to the site should be encouraged to be planted. The Planning Commission shall approve the type or species of trees planted. Trees with root structures that are less likely to interfere with underground utilities, break up sidewalks and cause other nuisance damage are desirable.

(d) Existing trees shall be preserved within any right-of-way when said trees are suitably located, healthy and where final grading allows.

(e) No slash, dead trees or uprooted stumps shall remain after development.

(16) Erosion and sediment control. The following guidelines shall be applied in the subdivision and construction of land areas:

(a) The development shall conform to the natural limitations presented by topography and soil, so as to create the least potential for soil erosion.

(b) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development, when necessary, to control erosion.

(c) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided for as construction progresses. The smallest practical area of land shall be exposed at any one period of time.

(d) When soil is exposed, the exposure shall be for the shortest feasible period of time.

(e) Where the topsoil is removed, sufficient arable soil shall be set aside for redistribution over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development.

(17) Drainage. The natural drainage system shall be used, as far as is feasible, for the storage and flow of runoff. The following requirements shall also apply:

(a) Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater drainage shall provide for natural or artificial water level control.

(b) No existing ditch, stream, drain or drainage canal shall be deepened, widened, filled, or rerouted without written permission from the City Council.

(c) Where artificial channels must be constructed to augment the natural drainage system, such channels, as well as the natural drainageways, may be planned as part of a recreation trail system.

(d) The drainage system shall be constructed and operational as quickly as possible during construction.

(18) Easements.

(a) All easements shall be dedicated by appropriate language on the plat as required by Minn. Stat. § 505.021. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[1] Easements of at least 12 feet wide centered on rear and other lot lines shall be provided for utilities where necessary. They shall have continuity of alignment from block to block.

[2] Easements shall be provided along each side of the center line of any watercourse or drainage channel, whether or not shown in the Comprehensive Plan, to a width sufficient to provide proper maintenance and projection, and to provide for stormwater runoff from a ten-year storm of one-hour duration.

(b) Where necessary, drainage easements corresponding with lot lines shall be provided. Such easements for drainage purposes shall not be less than 20 feet in width and shall be designed for adjacent property owners.

(19) Subdivision design shall be consistent with limitations presented by steep slopes. The subdivision shall be designed so that no construction or grading will be conducted on slopes steeper than 18% in grade.

§ 220-26. Required improvements.

A. As a condition of approval of a final plat and before any building permit can be issued on any lot or parcel of a land subdivision sold within the City of Kellogg, the subdivider shall install the following improvements at his own expense:

(1) Grade all streets, alleys and walks to specified grades and surface all streets and alleys with bitumen of a minimum five-ton design.

(2) Construct curbs, gutters and sidewalks when required.

(3) Install water mains, storm and sanitary sewers and additional drainage facilities when required.

(4) Erect street name signs.

B. Specifications for proposed improvements, including street grades, shall be according to standards and specifications recommended by the City Engineer and approved by the City Council.

C. The various improvements provided for in this section may be delayed or waived by City Council action upon good cause shown, but with regard to delayed improvements with the express undertaking by developer-secured bond or other equivalent security, approved by the City Council, to assure installations, at the developer's expense, of all hereinafter-enumerated improvements not specifically waived and which undertaking shall also precisely determine the time in which all installations shall be completed.

D. If any improvements described above are, by City Council action, not required to be installed by a developer as a prerequisite to approval of a final plat, and are accordingly delayed or waived, the City Council, in connection therewith, by resolution, shall specifically enumerate and describe the improvements to be delayed or waived, together with findings of fact deemed by the City Council to be justification for such waiver and delay.

E. Required installation of water mains and sanitary sewers may be waived by the City Council where extension of municipal water and sewer systems would be impractical at such time.

F. To cover the cost of such improvements not completed at the time of filing the final plat, the City Council may, by resolution with specific findings, for good cause shown, permit the subdivider to:

(1) Negotiate a contract secured by a cash deposit, certified check or a bond in an amount and with surety and conditions satisfactory to the City Council to assure the City that such improvements and utilities will actually be constructed and installed according to the specifications approved by the City Council, and consistent with the undertaking by the developer provided for hereinbefore.

(2) Petition the City Council to install such improvements, the entire cost to be levied and certified as a special assessment of such payments as specified by the City Council, and to agree, in writing, that between the time of such petition and the time of the certifications of the special assessment to the County Auditor, there will be no transfer of ownership of any part of the property being platted without first depositing with the City an amount sufficient to cover the estimated portion of such assessment applicable to the lot or parcel of land being transferred.

§ 220-27. Preliminary plat requirements.

A preliminary plat shall be clearly and legibly drawn on tracing paper or tracing cloth of good quality, the same size as used for the final plat. It shall be of such scale (preferably a scale of one inch equals 100 feet) as to show clearly all details thereof. A preliminary plat, together with such accompanying sheets of data and other materials as are needed for the purpose, shall show at least the following:

A. The proposed name of the subdivision, North point, scale, date, names and addresses of owner(s), subdivider(s), surveyor or engineer and designer.

B. An abstract of title currently continued or a current registered property certificate.

C. Correct location and designation of outside boundary lines and quarter and sixteenth section lines; streams, lakes, ponds, marshes, drainagecourses and ditches; areas subject to flood; existing public and private roads, streets and highways; existing structures, important trees and other ground cover; abutting subdivided and nonsubdivided parcels with unsubdivided ownerships indicated; designation of low areas as "wet" or "dry" and such other features as the City Council may require.

D. Topography of the ground with contour lines at vertical intervals of two feet, unless a lesser interval is recommended by the Engineer, subject to final determination by the City Council.

E. General layout of proposed subdivision and of facilities and improvements, including proposed public streets, roads, alleys, easements, walks, street names, approximate dimensions of blocks and lots, areas of lots in square feet, net areas of usable portions in square feet exclusive of water or swampy areas subject to flood, approximate radii of all curves, lots and block numbers and proposed public areas.

F. A statement of proposed building setback lines, required minimum sizes of side and rear yards, required minimum ground floor building sizes, proposed building uses and heights and an outline of proposed protection covenants.

G. A general plan of the future street and block layout of the entire ownership, when the land being platted is only a portion.

H. Proposed treatment of areas needing drainage and flood control.

I. Statement of all improvements proposed to be installed by the subdivider, time of completion and the method to be used to cover cost of installation until completion.

J. Proposed street grades and profiles satisfactory to the Engineer, and subject to final approval by City Council, and providing for economical installation of the necessary utilities according to topographical conditions and grade of adjacent areas with elevations referenced to City data.

K. Proposed methods of water supply and sewage disposal.

§ 220-28. Filing and distribution of final plat.

A. The tracing and six dark-line prints of the preliminary plat and copies of data accompanying the plat and the required filing fee shall be filed with the City Clerk/Treasurer, or other City Council designate, who shall determine whether or not they are satisfactory. If satisfactory, a receipt for filing same shall be issued. The original and two copies of everything filed shall be submitted to the Planning Commission and one copy to the City Council.

B. When land to be subdivided abuts a state trunk highway or a county highway, additional copies shall be filed and transmitted to the State Department of Transportation or to the County Engineer, as the case may be, with the request that his recommendations, if any, be returned within 14 days after the date of filing for consideration by the Planning Commission and for final action by the City Council.

C. Filing fees, as established by resolution of the City Council and as may be amended from time to time by resolution duly enacted, shall be paid by the subdivider at the time of filing and shall be used to help defray expenses of giving notice of the hearings, distribution of copies of the preliminary plat and other expenses in connection therewith. Any additional expenses of checking the preliminary plat and final plat by the planning consultant shall be charged to the subdivider and shall be paid before approval of the final plat.

§ 220-29. Planning Commission action on preliminary plat.

A. The Engineer shall check the preliminary plat with respect to the requirements in these regulations and the recommendations and suggestions received from the City Council and others. Any requirements not fulfilled, any modifications deemed necessary, any improvements that should be installed with specifications therefor and other findings shall be reviewed by the Planning Commission, and findings and recommendations thereon reported to the City Council.

B. Action by the Planning Commission shall be tentative approval of the preliminary plat, conditioned upon certain modifications being made, and shall be recorded on three or four copies of the plat and sheets of data or attached to them. One such copy shall be retained by the Planning Commission, one copy transmitted to the City Council and one shall be held for the subdivider, and he shall be mailed notification to this effect at his last known address within five days after such action.

C. In its action, the Planning Commission shall recommend which method, as provided in § 220-26, shall be employed to secure satisfactory performance of the installation of required improvements by the subdivider.

D. The Planning Commission, subject to City Council determination, shall take into consideration the prospective character of development of the area included in the plat and shall require that it be harmonious with that existing and planned in the general vicinity.

E. Failure of the Planning Commission to act within 60 days after filing, unless an extension of time is arranged with the consent of the subdivider, shall be deemed neither rejection nor approval of the preliminary plat. In such cases the City Clerk/Treasurer, with the recommendations of the City Engineer, shall inform the subdivider of the proper procedure for his guidance in completing the survey of the subdivision and making the final plat thereof.

§ 220-30. Engineering survey.

A. After tentative approval of the conditional approval of the preliminary plat, the subdivider shall cause the subdivision to be surveyed, staked and monumented by a Minnesota registered land surveyor and a final plat prepared.

B. Permanent monuments shall be set at the intersections of all boundary angles of the subdivision at each point where the boundary intersects a section, quarter section or sixteenth section line and at intersections of street, alley and boundary lines.

C. Permanent monuments shall consist of two-inch iron pipe, 24 inches in length, encased in concrete of six inches in diameter with a suitable brass cap describing the corner. The monumenting shall be subject to inspection and approval of the Engineer before approval of the final plat.

D. Stakes or monuments consisting of iron pipe of 1/2 inch or more in diameter and 24 inches or more in length, set flush with the finished grade, shall be located at the boundary angles, intersections and points of curvature of all lot, street, alley and boundary lines where permanent monuments are not set.

§ 220-31. Final plat requirements.

The final plat materials and size shall be specified by the County Recorder and County Auditor and shall be consistent with all other applicable laws and regulations. The plat, among others, which may be mandated by applicable regulations, shall show:

A. All existing section lines and quarter and sixteenth section lines within the platted area tied to the plat. If there are none "within" the area, there should be ties to at least one "outside."

B. Outside boundary lines and all angles and distances necessary for closure of boundaries by latitude and departure.

C. Street lines and center lines, lines of alleys, rights-of-way, easements, lots, other sites and reservations and all land deeded to the public with dimensions, angles and all curve functions.

D. All distances included in the dedication and all monuments, angles, curve functions and other data necessary for checking the entire description.

E. Street and road names and purposes of easements, alleys and other rights-of-way.

F. Lot numbers in each block, starting with one in the northeast corner and continuing consecutively.

G. Block numbers, consecutively.

H. A certificate by the surveyor who prepared the plat that all required improvements have been satisfactorily installed or that, in lieu thereof, the subdivider has made satisfactory arrangements to cover the cost of improvements to be installed later, within a specified time.

I. Other data, certificates, affidavits and endorsements required by law, the Planning Commission, City Council, county and local officials.

J. Accompanying the final plat shall be:

(1) Plans, specifications and grades of proposed improvements as approved by the Engineer and a statement of those completed and those not yet completed.

(2) Deeds to lands offered for park, playground or other public purposes.

(3) Protective covenants in form for recording.

§ 220-32. Filing and checking of final plat.

A. The final plat and accompanying data shall be filed with the City Clerk/Treasurer within six months after the date of action of the preliminary plat; otherwise such preliminary actions shall be voided.

B. One approved-type of transparency of all sheets of the plat at a scale of 100 feet to one inch and three black-line prints of each, as well as one transparency of all sheets at a scale of 200 feet to one inch and three black-line prints of each, together with the required number of copies of accompanying data, shall be included in the filed material.

C. The City Clerk/Treasurer, the City Council and any other indicated City official(s) shall check, or cause to be checked, the filed material for conformity with the requirements of law and with these regulations, including conformity with any conditions of approval of the preliminary plat, and the Engineer shall check the plat and survey for required technical accuracy.

D. A traverse of the boundaries of the plat and all lots and blocks, when computed from field measurements, must close within a limit of error of one foot to 7,500 feet of perimeter.

E. If satisfactory, the City Clerk/Treasurer shall issue a receipt, acknowledging acceptance of the plat. If not satisfactory, the subdivider shall cause the required changes and additions to be made before acceptance for filing and issuance of receipt.

§ 220-33. Hearing on final plat.

Within 30 days after the issuance of a receipt for filing of a final plat, the City Council shall hold a public hearing thereon, giving at least 10 days' notice of the time and place thereof in the legal newspaper. At such hearing, anyone interested may appear and be heard.

§ 220-34. Action on final plat.

A. If satisfactory as to conformity with the tentatively approved preliminary plat and in all other respects as provided herein, the final plat shall be approved by the City Council.

B. No final plat of a subdivision, the preliminary plat of which was disapproved by the Planning Commission, shall be approved by the City Council, except that any subdivider may appeal to the City Council to overrule the Planning Commission's disapproval.

C. After such appeal, the City Council may elect to consider the preliminary plat itself and may overrule the Planning Commission.

D. The grounds for City Council disapproval of a final plat shall be set forth in the proceedings of the City Council and shall be reported to the subdivider.

E. After approval of the final plat, with certificate of approval shown on it, the plat and a certified copy of the resolution of approval accompanying it shall be filed with the County Recorder.

§ 220-35. Withholding building permits.

A. Regardless of approval of a subdivision plat, as provided herein, no building permit shall be issued for a building within the City of Kellogg on a lot or parcel inadequate with respect to zoning or other applicable regulations or inadequate in any other respect. No permit shall be issued for a building or use on a lot or parcel of land subject to flood or stormwater overflow, without adequate provisions for drainage and protection against flooding.

B. No permit shall be issued for a building not served by sanitary sewer and City water unless the application therefor is accompanied by plans or proposals for water supply and for waste and sewage disposal approved by the Engineer or by a qualified sanitarian as being sanitary and in accordance with acceptable standards and specifications for such installations.

§ 220-36. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any violation of this article shall be deemed a misdemeanor punishable as provided in § 220-76. The municipality may enjoin any action deemed violative of this article.

§ 220-37. Variances.

A. Should the Planning Commission find that any of the regulations or requirements herein are not applicable to a proposed land subdivision, or to a preliminary of final plat thereof, or would cause unnecessary and unintended hardship, it may recommend to the City Council such variations therefrom as are not contrary to the intent and purpose of these regulations or other applicable law or to any applicable City plan.

B. It shall be the sole discretion of the City Council to permit any such variances. The City Council may waive the requirement of preparation of a preliminary plat if for the purpose of:

(1) Vacation of a previous plat; or

(2) Subdividing less than five lots or parcels of land of adequate size, all adjoining a public street, and where no dedication of land for an additional street or for widening or relocation of the existing street is needed.

§ 220-38. Conditional use permits.

A. Criteria for granting conditional use permits. In granting a conditional use permit, the City Council of Kellogg shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings where applicable.

(1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities, which serve or are proposed to serve the area.

(2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land, and there will be no deterrence to development of vacant land.

(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent properties.

(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use.

(5) The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(6) The use is not in conflict with the Comprehensive Plan of the City.

(7) The use will not cause traffic hazards or congestion.

(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided by applicant.

[Amended 1-12-2004]

B. Additional conditions.

(1) In permitting a new conditional use or in the altering of an existing conditional use, the City Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:

(a) Increasing the required lot size or yard dimension.

(b) Limiting the height, size or location of buildings.

(c) Controlling the location and number of vehicle access points.

(d) Increasing the street width.

(e) Increasing the number of required off-street parking spaces.

(f) Limiting the number, size, location or lighting of signs.

(g) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

(h) Designation of sites for open space.

(i) Establish a time of operations.

[Amended 1-12-2004]

(2) The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the City Council; time limits, review dates, and such other information as may be appropriate.

C. The following are required exhibits for conditional use permits:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) Evidence of ownership or enforceable option on the property.

D. Procedure. The procedure for obtaining a conditional use permit is as follows:

(1) The property owner or his agent may meet with the City Council to explain his/her situation, learn the procedures and obtain an application form.

[Amended 1-12-2004]

(2) The applicant shall file the complete application form, together with the required exhibits, with the City Council and shall pay a filing fee as established by the City Council.

(3) The City Council shall transmit the application to the Planning Commission.

(4) The Planning Commission shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than 10 days and not more than 30 days prior to said hearing, and shall notify all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

(5) The Planning Commission shall hold the public hearing and then shall study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce such adverse effects and recommend one of three actions to the City Council within 30 days after holding the public hearing: approval, denial or approval with special conditions.

(6) The City Council shall take appropriate action on the request for a conditional use permit within 30 days of receiving the recommendations by the Planning Commission. If it grants the conditional use permit, the City Council may impose conditions it considers necessary to protect the public health, safety and welfare.

(7) Revocation of conditional use permits. Where a conditional use permit has been issued pursuant to the provisions of this chapter, such permit shall become null and void without further action by the Planning Commission or the City Council unless work thereon commences within 12 months of the date granting such conditional use. The conditional use permit shall not be assignable unless approved by the City Council. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

(8) In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.

(9) No application of a property owner for a conditional use shall be considered by the Planning Commission within a one-year period following a denial for such a request, except the Planning Commission may permit a new application if, in its opinion, new evidence or a change in circumstances warrants it.

§ 220-39. Variances.

A. Criteria for granting variances. A variance to the provisions of this chapter may be issued by the City Council to provide relief to the landowner in those cases where the chapter imposes undue hardship or practical difficulties to the property owner in the use of this land. No use variances (uses different than those allowed in the district) may be issued.

(1) A variance may be granted only in the event that all the following circumstances exist:

(a) Exception or extraordinary circumstances apply to the properties, which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this chapter have had no control.

(b) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(c) That the special conditions or circumstances do not result from the actions of the applicant.

(d) That granting the variance requested would not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district.

(e) That the variance requested is the minimum variance which would alleviate the difficulties. Economic conditions could be considered a hardship.

(f) The variance would not be materially detrimental to the purpose of this chapter or to other property in the same zone.

(2) The City Council may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

B. The following are required exhibits for variances:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) Evidence of ownership or enforceable option on the property.

C. Procedures. The procedures for obtaining a variance from the regulations of this chapter are as follows:

(1) The property owner or his/her agent shall meet with the Planning Commission to explain his/her situation, learn the procedures and obtain an application form.

(2) The applicant shall file the completed application form together with the required exhibits with the City Council and shall pay a fee to cover the costs of publishing, mailing, public hearing and other administrative costs as determined by resolution of the Kellogg City Council.

(3) The City Council shall request the Planning Commission to review the variance request and provide a recommendation to the City Council for consideration at a public hearing.

(4) The City Council may dispense with the hearing required by Subsection C(3) above if the requested variance does not seek a change in current property classification and if a written consent to the proposed variance is submitted by the applicant by all property owners who own property within 100 feet from the boundary lines of the applicant's property. The City Council shall have the authority to require a public hearing even though the consent of all landowners located within 100 feet of the outer boundaries of the property have consented to the granting of said variance.

(5) The City Council shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper not less than 10 days nor more than 30 days prior to the hearing. All property owners within 350 feet of the outer boundaries of the property in question shall be notified. However, failure of any property owners to receive such notification shall not invalidate the proceedings.

(6) The City Council shall hold a public hearing on the proposed variance and shall make a decision within 30 days after the public hearing. It shall take one of three actions: approval, approval with special conditions or denial.

(7) No application by a property owner for a variance shall be submitted to the City Council within a twelve-month period following a denial of such a request, except the City Council may permit a new application if, in the opinion of the City Council, new evidence of change or circumstances warrants it.

§ 220-40. Zoning amendments.

A. Criteria for granting zoning amendments. The City Council may adopt amendments to this chapter and the Zoning Map in relation both to land uses within a particular district or to the location of a district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the Comprehensive Plan or changes in conditions in the City.

B. Kinds of amendments.

(1) A change in a district's boundary (rezoning).

(2) A change in a district's regulations.

(3) A change in any other provision of this chapter.

C. Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

(1) By petition of an owner or owners of property which is proposed to be rezoned or for which district regulation changes are proposed.

(2) By recommendation of the Planning Commission.

(3) By action of the City Council.

D. Required exhibits for rezoning or district regulation changes initiated by property owners are as follows:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) The evidence of ownership or enforceable option on the property.

E. Procedure. The procedure for a property owner to initiate a rezoning or district regulation change applying to this property is as follows:

(1) The property owner or his/her agent shall meet with the City Council to explain his/her situation, learn the procedures and obtain an application form.

(2) The applicant shall file the completed application form together with the required exhibits with the City Council and shall pay a filing fee as established by the City Council.

(3) The City Council shall transmit the application and required exhibits to the Planning Commission.

(4) The Planning Commission shall set the date for a public hearing and shall have notices of such hearing published in the legal newspaper at least once, not less than 10 days and not more than 30 days prior to said hearing. All property owners within the affected zone and within 350 feet of the outer boundaries of the property in question shall be notified; however, failure of any property owner to receive such notification shall not invalidate the proceedings. The City Council may waive the mailed notice requirements for a City-wide amendment to this chapter initiated by the Planning Commission or the City Council.

(5) The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days one of three actions: approval, denial or approval with special conditions.

(6) The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission.

(7) No application of a property owner for an amendment to the text of this chapter or the Zoning Map shall be considered by the Planning Commission within a one-year period following a denial of such request, except the Planning Commission may permit a new application if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrants it.

F. Zoning amendment in accordance to the Comprehensive Plan. Any change in zoning granted by the governing body shall automatically amend the Comprehensive Plan in accordance with said zoning change.

§ 220-41. Board of Zoning Adjustment.

A. A Board of Zoning Adjustment is hereby established for the City of Kellogg, which shall consist of the City Council and the Planning Commission of Kellogg. The terms shall be the same as for the City Council membership.

[Amended 1-12-2004]

B. Officers, rules and meetings. The Board shall annually elect a Chairperson and Vice Chairperson from amongst its members and shall appoint a secretary, who need not be a member of the Board. It shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations.

C. The Board of Adjustment shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of Zoning Maps, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by such an administrative official charged with enforcing the chapter. Any officer, department, board or bureau of the City may take by any person, firm or corporation aggrieved or such appeal. The Board of Adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in § 220-39 of this chapter. No use variances (uses different than those allowed in the district) shall be issued by the Board of Zoning Adjustment.

D. The Board of Adjustment shall make its order deciding the matter and shall serve a copy of such order to the appellant or petitioner by certified mail. Any party may appear at the hearing in person or by agent or attorney.

E. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's order, as in its opinion, ought to be made in the premises. The reasons for the Board's decision shall be stated.

§ 220-42. Enforcing Officer.

[Amended 1-12-2004]

The City Council shall appoint the Zoning Administrator. The Zoning Administrator shall enforce this chapter and shall perform the following duties:

A. Issue occupancy, building and other permits, and make and maintain record thereof.

B. Oversee inspections of buildings and use of land to determine compliance with the terms of this chapter.

C. Maintain permanent and current records of this chapter, including but not limited to all maps, amendments and conditional uses, variances, appeals and applications therefor.

D. Receive, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies.

E. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal law or state law.

§ 220-43. Zoning districts enumerated.

A. The zoning districts are so designed as to assist in carrying out the intents and purposes of the Comprehensive Plan which has the purpose of protecting the public health, safety, convenience and general welfare.

B. For the purposes of this chapter, the City of Kellogg is hereby divided into the following zoning districts:

	Symbol	Name
	A	Agricultural District
	R-1	Single- and Two-Family Residential District
	R-2	Multifamily Residential District
	B-1	General Commercial District
	I-1	General Industrial District

§ 220-44. Zoning Map.

A. The location and boundaries of the districts established by this chapter are set forth on the official Zoning Map which is hereby incorporated as part of this chapter and which is on file with the City Clerk/Treasurer's office.

B. District boundary lines recorded on the City Zoning Map are intended to follow lot lines, the center lines of streets or alleys, the center lines of streets or alleys projected, railroad rights-of-way lines and the corporate limit lines as they exist at the time of the enactment of this chapter.

C. All territory, which may hereafter be annexed to the City, shall be considered zoned in the same manner as the contiguous territory inside the previous City limits until otherwise classified and indicated as such on the Zoning Map.

D. The City Clerk/Treasurer shall record amendments to the Zoning Map on the official Zoning Map within 15 days after the adoption of the amendment by the City Council. The official Zoning Map shall be maintained by the City Clerk/Treasurer and shall be kept on file at City Hall for view by the public during normal office hours.

E. In those cases where there is a question of the exact location of a zoning district, the Kellogg City Council shall make the necessary interpretation.

[Amended 1-12-2004]

§ 220-45. Agricultural District (A).

A. Purpose. The A-1 Agricultural District is established to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development since it results in excessive costs to the community for provision of essential public improvements and services. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Permitted uses. The following uses are permitted in the A District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Amended 1-12-2004]

(1) Single-family residence.

(2) Commercial agricultural and horticulture.

(3) Farm buildings and structures.

(4) Roadside stands for the sale of agricultural products.

(5) Historic sites.

(6) Public and private riding stables.

(7) Truck gardens, orchards, nurseries and greenhouses.

(8) Roadside stands for the sale of farm products produced only on agricultural premises.

(9) Public and private forest and wildlife reservations or similar conservation projects.

(10) Public facility plants such as water and sewage disposal.

(11) Essential services: telephone, telegraph, power lines and necessary appurtenant equipment and structures under 35 kilovolts (KV).

(12) Signs subject to the standards in Article VII of this chapter.

C. Accessory uses. The following accessory uses are permitted in the A District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Any incidental machinery, structures or buildings necessary to the conduct of agricultural, single-family residential and other permitted uses.

(2) Private garages, carports, screen houses, swimming pools and storage buildings for use of occupants of the principal structure.

D. Conditional uses. The following conditional uses are permitted in the A District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Amended 1-12-2004]

(1) Farm drainage and irrigation systems.

(2) Public and parochial schools of general instruction.

(3) Churches and similar places of worship and instruction, including parish houses.

(4) Cemeteries, including mausoleums and crematories.

(5) Hospitals, clinics, sanitariums and charitable institutions for the treatment of diseases, nursing and convalescent homes, except correctional or penal institutions.

(6) Public parks, recreation areas, playgrounds and community centers.

(7) Semipublic recreation areas and centers, including country clubs, swimming pools and golf courses or practice driving tees which are operated for commercial purposes.

(8) Commercial amusement or recreation development.

(9) Home occupations.

(10) Agricultural products and livestock processing plants.

(11) Resort campgrounds.

(12) Mining, sand and gravel operations.

(13) Municipal, county, state and federal government buildings and areas.

(14) Radio and television towers and broadcast stations.

(15) Airports and private landing fields.

(16) Commercial feedlots, provided that no feedlot shall be located within 1,000 feet of a residential district.

(17) Sanitary landfills, provided that no sanitary landfill be located within 1,000 feet of a residential district.

(18) Any other use of similar character to those listed under Subsection B of this section.

E. Performance standards.

(1) Height regulations.

(a) The maximum height of all buildings shall not exceed 35 feet.

(b) This height limitation shall not apply to grain elevators, silos, windmills, elevator lags, cooling towers, water towers, chimneys and smokestacks, church spires, radio transmission towers, or electrical transmission lines.

(2) Front yard regulations.

(a) Required setback distance shall be 40 feet from lot lines.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 40 feet on one side (front) and 25 feet on the other side (side).

(3) Side and rear yard regulations.

(a) Minimum side yard shall be 10 feet.

(b) Minimum rear yard shall be 25 feet.

(c) Accessory buildings shall have side and rear yard setbacks the same as for the principal structure.

(4) Lot width and depth regulation.

(a) Minimum lot width shall be 100 feet.

(5) Lot area regulations. The minimum lot size shall be two acres.

(6) Location and structure. Structures shall be so located on each lot as to permit resubdivision if and when central sewer and water systems become available.

(7) General requirements. Additional requirements for parking, signs, and other regulations are set forth in Article VII of this chapter. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-46. Single- and Two-Family Residential District (R-1).

A. Purpose. The major purpose of this Single- and Two-Family Residential District (R-1) is to allow low-density development of single- and two-family dwelling units in developing portions of the City where City water is available. All dwelling units in an R-1 District shall be required to hook up to City utilities.

B. Permitted uses. The following uses are permitted in the R-1 District:

[Amended 1-12-2004 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

(1) One- and two-family residential dwellings.

(2) Public recreation, including parks and playgrounds.

(3) Historic sites and structures.

(4) Signs subject to standards in Article VII.

(5) Essential services: telephone, telegraph and power lines and necessary appurtenant equipment and structures.

(6) Modular homes and manufactured homes with or without foundations and provided the unit is not in excess of 10 years old and not less than 980 square feet.

C. Accessory uses. The following accessory uses are permitted in the R-1 District:

[Amended 1-13-1993 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

(1) Any incidental structure or building necessary to the conduct of a permitted use, including private garages, carports, screen houses, swimming pools and storage buildings for use of occupants of the principal structures.

(2) Areas for housing and/or confinement of pets are allowed, subject to the provisions of this chapter, but may not be allowed in the front yard.

D. Conditional uses. The following conditional uses are permitted in the R-1 District:

[Amended 1-12-2004 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

(1) Municipal office buildings.

(2) Twin homes/townhomes.

(3) Public and parochial schools of general instruction.

(4) Churches, chapels, including parish houses.

(5) Cemeteries, memorial gardens and funeral homes.

(6) Boarding or rental of rooms including bed-and-breakfast establishments, with a maximum of six roomers for each residential dwelling.

(7) Home occupations.

(8) City buildings and structures, including police and fire stations, libraries, museums and art galleries nursing homes, hospitals and sanitariums.

(9) Water supply buildings and reservoirs, elevated tanks and public swimming pools.

(10) Zero lot line homes with either detached or common walls.

(11) Professional offices.

(12) Semiprivate recreation areas, clubs, lodges and centers, including country clubs, swimming pools and golf courses, but not including such uses as camping areas, miniature golf courses or practice driving ranges, which are operated for commercial purposes.

(13) Pole structures subject to screening and appearance standards, which require exterior roofing and construction materials similar to those dominant in the area.

(14) Any other use of the same character of those listed as permitted uses.

E. Performance standards.

[Amended 1-13-1993; 1-12-2004]

(1) Height regulations. The maximum height of all building shall not exceed 30 feet.

(2) Front yard regulations.

(a) Required setback distance shall be 25 feet from lot line.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 25 feet on one side (front) and 15 feet on the other side (side).

(c) Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the minimum front yard setback requirement exceed 25 feet.

(3) Side and rear yard regulations.

(a) Minimum side yard setback shall be eight feet on any one side; both sides, a total of 16 feet.

(b) Minimum rear yard setback shall be 20 feet.

(4) Lot width and depth regulations.

(a) Minimum lot width for single-family residence shall be 60 feet; two-family residence, 80 feet.

(b) Minimum lot depth for single-family residence shall be 100 feet; two-family residence, 100 feet.

(5) Lot coverage and minimum dwelling width. The maximum lot coverage of all buildings, including accessory buildings, shall not exceed 50% of the lots total square footage.

(6) General regulations. Additional requirements for parking, signs, and other regulations are set forth in Article VII. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-47. Multifamily Residential District (R-2).

A. Purpose. The Multifamily Residential District (R-2) is intended to provide for the development of desirable residential neighborhoods, characterized by a higher density of development and choice of tenancy.

B. Permitted uses. The following uses are permitted in the R-2 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Any permitted use allowed in the R-1 District.

(2) Multiple-family dwellings for any number of families or housekeeping units, including twin homes.

C. Accessory uses. The following accessory uses are permitted in the R-2 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Any accessory use permitted in the R-1 District.

D. Conditional uses. The following conditional uses are permitted in the R-2 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Manufactured home parks.

(2) Townhouses, condominiums and row houses.

(3) Campgrounds and resorts.

(4) Pole structures subject to screening and appearance standards, which require exterior roofing and construction materials similar to those dominant in the area.

(5) Other uses of the same general character as those listed as permitted uses in an R-2 District.

E. Performance standards.

(1) Height regulations. The maximum height of all buildings shall not exceed 45 feet.

(2) Front yard regulations.

(a) Required setback distance is 25 feet from the lot line.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 25 feet on one side (front) and a 15 feet setback on the other side (side).

(c) Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the minimum front yard setback requirement exceed 25 feet.

(3) Side and rear yard regulations.

(a) Minimum side yard setback is eight feet, for a total of 16 feet for both sides.

(b) Minimum rear yard setback is 20 feet.

(c) Accessory buildings shall be permitted, provided that they comply with all regulations applicable to the principal uses.

(4) Lot area. The minimum lot area shall be 8,000 square feet for two-family structures, with an additional 2,500 square feet per family for each additional unit above the first two units.

(5) Lot width and depth regulations.

(a) Minimum lot width is 60 feet.

(b) Minimum lot depth is 100 feet.

(6) Lot coverage. The maximum lot coverage of all buildings, including accessory buildings, shall not exceed 50%.

(7) General regulations. Additional requirements for parking, signs, fencing, and other items are set forth in Article VII. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-48. Central Business District (B-1).

A. Purpose. The purpose of the Central Business District (B-1) is to encourage the continuation of a viable commercial area by allowing retail, service, office and entertainment facilities as well as public and semipublic uses. In addition, residential uses will be allowed to locate above the commercial establishments.

B. Permitted uses. The following uses are permitted in the B-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Commercial establishments offering merchandise or services to the general public in return for compensation. Such establishments to include but not be limited to the following:

(a) Retail establishments, such as groceries, bakeries, department stores, hardware, drug, clothing and sporting goods stores.

(b) Personal services, such as barber, shoe repair shop and photography studios.

(c) Light industry, such as printing shops that require direct contact with the public.

(d) Professional services, such as medical and dental clinics, architects' and attorneys' offices and animal clinics.

(e) Repair services, such as jewelry, radio and television repair shops.

(f) Banks, finance, insurance and real estate services.

(g) Hobby shops and animal or pet shops.

(h) Second story apartments related to commercial structures.

(i) Restaurants, cafes and supper clubs not serving alcoholic beverages.

(j) Furniture and appliance stores.

(k) Uses customarily incidental to any of the above uses.

C. Accessory uses. The following accessory uses are permitted in the B-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Uses incidental to the principal uses, such as off street parking, loading and unloading areas and storage of merchandise.

D. Conditional uses. The following conditional uses are permitted in the B-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Expansion of existing single- family dwellings but not the construction of new single-family dwellings.

(2) Hotels and motels.

(3) Auto body shops, automotive sales and service stations and car washes.

(4) Restaurants, cafes and supper clubs serving alcoholic beverages.

(5) Theaters, bowling alleys and places of amusement.

(6) On- and off-sale liquor establishments.

(7) Bus depots.

(8) Private clubs.

(9) Laundromats.

(10) Wholesaling.

(11) Other uses which, in the opinion of the Planning Commission and City Council, are of the same general character as the permitted uses and which will not be detrimental to the Central Business District.

E. Performance standards.

(1) Height regulations. The maximum height of any building shall be 45 feet.

(2) Front yard regulations.

(a) There shall be a minimum setback of 30 feet. Those lots fronting on Belvidere Street from Smith Street to Rice Street shall be exempt from any front yard setbacks as required in this provision.

(b) Where a lot is located at the intersection of two or more road or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory building shall project beyond the front yard of either road or highway. Those properties identified in Subsection E(2)(a) above shall be exempt from this provision.

(3) Side and rear yard regulations.

(a) There shall be a minimum side yard setback of eight feet on any one side; both sides, a total of 16 feet; provided, further, that no building shall be located within 12 feet of any side lot line abutting a lot in any Residential District or Agricultural District. Those lots fronting on Belvidere Street from Smith Street to Rice Street shall be exempt from any side yard setbacks as required by this provision.

(b) There shall be a minimum rear yard setback of 12 feet.

(4) Lot area. The minimum lot area shall be: no minimum.

(5) Screening and fencing. The City may require the screening or fencing of commercial uses on side and rear yards which face the Residential or Agricultural Districts.

(6) General regulations. Requirements for signs, parking, and other regulations are set forth in Article VII. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-49. General Industrial District (I-1).

A. Purposes. The General Industrial District (I-1) is intended to provide for the establishment of manufacturing and industrial uses which, because of the nature of the product, requires isolation from residential uses.

B. Permitted uses. The following uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Automobile service stations, implement dealers and repairs.

(2) Wholesale business establishments.

(3) Warehouses, packing and crating establishments and truck yards and terminals.

(4) Contractors' shops and yards, roofing, electrical, paperhanging, ventilating, welding, upholstering, fencing and building.

(5) Storage yards for building materials, coal, wood and ice.

(6) Laboratories for research and quality control.

(7) The manufacturing, compounding, processing, packing or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries and food products, except the rendering of fats and oils.

(8) Bottling plants.

(9) Research facilities.

(10) Dry-cleaning establishments.

(11) Farm implement sales, storage and repair.

(12) Trade schools.

(13) Offices.

(14) Essential services, such as telephone and power companies.

(15) Grain elevators.

(16) Welding repair shops and general manufacturing.

(17) Storage buildings.

[Added 8-13-1992]

C. Accessory uses. The following accessory uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Off-street parking, storage garages and loading as regulated in this chapter.

(2) Buildings temporarily located for purposes of construction.

(3) Essential security and safety facilities as approved by the City Council.

(4) Storage buildings.

[Added 8-13-1992; 1-12-2004]

D. Conditional uses. The following conditional uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Monument works.

(2) Dwellings for watchmen or custodians of industrially used property only.

(3) Outdoor storage of vehicles or materials or open sales lots.

(4) Restaurants, lunch counters, confectioneries to serve the employees of the district.

(5) Slaughterhouse and livestock sales yard.

(6) Manufacturing, refining and processing of chemicals.

(7) Auto reduction yards and recycling centers.

(8) Agricultural chemical and fertilizer storage.

(9) Bulk fuel storage.

E. Prohibited uses. The following uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Distillation of bone, coal, tar, petroleum, grain or wood.

(2) Manufacturing or bulk storage of explosives.

(3) Any industry that creates an excessive odor, noise, air or environmental pollution problem.

F. Performance standards.

(1) Height regulation. The maximum height of any building, hereafter erected or structurally altered, shall not exceed 45 feet.

(2) Front yard regulations.

(a) There shall be a minimum setback of 25 feet from lot line.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No building shall project beyond the front yard line of either road or highway.

(3) Side and rear yard.

(a) The minimum side yards shall be five feet on each side for a total of 10 feet.

[Amended 8-13-1992]

(b) The minimum rear yard shall be five feet.

(4) Lot area. The minimum lot area shall be: no minimum.

(5) Screening and fencing. The City may require the screening or fencing of industrial uses on side and rear yards, which face or abut a residential district.

[Amended 1-12-2004]

(6) General regulations. Standards and regulations related to signs, parking, etc., are set forth in Article VII.

§ 220-50. Purpose.

A. The performance standards established in this article are designed to encourage a high standard of development by providing assurance that neighboring land use will be compatible. The performance standards are designed to prevent and eliminate those conditions that cause blight or are detrimental to the environment. All future development in all districts shall be required to meet these standards, and the standards shall also apply to existing development where so stated.

B. Before any building or zoning permit is approved, the City Council shall determine whether the proposed use will conform to the performance standards. The developer or landowners shall supply data necessary to demonstrate such conformance. Such data may include a description of equipment to be used, hours of operation, method of refuse disposal and types and location of exterior storage. If said data complies with all parts of this chapter, the City Council shall issue the necessary building permits.

§ 220-51. Apartments, townhouses and other multifamily structures.

A. Standards for multifamily buildings. All requests for building or conditional use permits shall be accompanied by a series of site plans and data showing the following:

(1) Building locations, dimensions, elevations, all signs, structures, entry areas, storage sites and other structural improvements to the site.

(2) Circulation plans for both pedestrian and vehicular traffic.

(3) Fences and screening devices.

(4) Solid waste disposal provisions and facilities.

(5) Storm drainage plans.

(6) Fire-fighting and other public safety facilities and provisions such as hydrant locations and fire lanes.

(7) Data pertaining to number of dwelling units, size, lot area, ratio, etc.

(8) Exterior wall materials and design information.

(9) A minimum of a two-foot contour topographical map of the existing site.

(10) A grading plan illustrating the grade changes from the original topographical map. All site areas, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large-scale erosion, unwanted ponding and surface chemical runoff.

(11) A recreation plan illustrating, in detail, all recreational facilities and structures.

(12) A landscape plan. The site, when fully developed, shall be landscaped according to a plan approved by the Planning Commission. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all seeded and sodded areas.

(13) A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction-limit fencing as per the plan to prohibit heavy machinery and/or materials from being placed on areas not to be disturbed during construction.

B. Parking requirements.

(1) One and one-half parking spaces per unit shall be provided on the same site as the dwelling unit. Each space shall not be less than nine feet wide and 20 feet in length, and each space shall be served adequately with access drives.

(2) Parking spaces shall not be located within 10 feet of the side or rear lot line.

(3) Parking areas with dust-free surface shall be required.

C. Landscape provisions. The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc., so that no portion of the site remains undeveloped.

D. Screening.

(1) Screening to a height of at least six feet shall be required where:

[Amended 1-12-2004]

(a) Any off-street parking area contains more than six parking spaces and is within 30 feet of an adjoining residential zone.

(b) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone.

(2) All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than six feet high, but shall not extend within 15 feet of any street driveway or lot line.

[Amended 1-12-2004]

(3) Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances of the building.

(4) Outdoor swimming pools or other intensive recreation shall observe setbacks required for the principal structure.

E. Exterior appearance. All buildings within an apartment development shall be so planned and constructed so that they present a finished appearance which is consistent with that of the principal building.

F. General building or structural requirements.

(1) Requirements for exterior wall surfacing and covering.

(a) All multiple-family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior surface.

(b) All accessory or ancillary buildings, including garages, shall be designed and constructed with the same facing materials as the principal building. Such material shall be used in the same or better proportions as used on said principal building.

(2) Any detracting aspects (i.e., parking or exterior storage) of a multiple-family dwelling development shall be integrated into the site design so as to minimize the impact on adjacent residential areas. Mitigation of these aspects shall include landscaping and fencing treatments.

(3) The design shall make use of all land contained in the site. All of the site shall be related to the multiple-family use, either parking, circulation, recreation, landscaping, screening, building, storage, etc., so that no portion remains undeveloped.

§ 220-52. Accessory building and structures.

A. In residential districts:

(1) No accessory buildings on an internal lot may be located within five feet of the side or rear lot lines.

(2) Accessory buildings shall be setback a minimum of 10 feet from the principal structure, must be located at or behind the principal building setback line and must meet all side and rear yard setback requirements.

(3) Accessory buildings shall not occupy more than 25% of the rear yard.

(4) It is required that all accessory structures be secured to any foundation.

[Added 1-12-2004]

B. In commercial and industrial districts, accessory buildings may be located any place on the lot, subject to the Building Code and fire zone regulations, except where prohibited by other sections of this chapter.

C. In all districts, accessory buildings shall not be constructed prior to or in lieu of the principal building.

§ 220-53. Home occupations.

Home occupations shall be allowed in all residential districts subject to the following standards:

A. Not more than 25% of the gross floor area of the structure, including accessory buildings, shall be used for this purpose.

B. Only articles made or originating on the premises shall be sold on the premises, unless such articles are incidental to permitted commercial service.

C. No articles for sale shall be displayed so as to be visible from any street.

D. No more than two persons, other than members of the household residing on the premises, are employed.

E. No mechanical or electrical equipment is used if the operation of such equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered.

F. No outside storage of material shall be allowed.

G. Conducting of the home occupation shall result in no change of outside appearance of the building.

H. Signs not exceeding two square feet shall be allowed on the premises.

I. The home occupations shall conform to the standards in the State Fire Code.

§ 220-54. Certain spaces used as dwelling units prohibited.

No cellar, garage, tent, trailer, recreational vehicle or accessory building shall be used as a permanent dwelling. The basement portion of a finished home or apartment may be used for normal eating and sleeping purposes, provided that it is properly damp-proofed, has suitable fire protection and exits and is otherwise approved by the State Fire Marshal.

§ 220-55. Relocating structures.

A. Moving permit required. Every licensed or unlicensed house mover shall, in each and every instance, before raising, holding up or moving any building, obtain a moving permit from the City Council. An application for such permit shall indicate the origin and destination of such building, the route over which it is to be moved and shall state the time in which the moving of such building shall take place. The permit shall also indicate the location of the lot on which the house is to be located, the dimensions of the lot and the proposed location of the structure on the lot along with the setback distances. No permit to move a building shall be issued unless and until the following conditions are fully complied with and approved by the City Council: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) The building to be moved must comply, in all respects, with pertinent state rules and local ordinances.

(2) The lot on which the building is to be located must meet all the minimum dimensional requirements of the zoning district in which it is located.

(3) The building must be placed on the lot so as to meet all the front, side and rear yard requirements as set forth in this chapter.

B. Utility disruption notification requirements.

(1) In every case in which a permit shall be issued as herein provided for the removal required or the displacement of any overhead electrical or other wires, it shall be the duty of the person, association or corporation owning, operating or controlling said wires to remove or displace the same, as is required by the Minnesota State Electrical Board. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) The person to whom said permit shall have been issued shall notify the person, association or corporation owning, operating or controlling said wires to remove or displace the same to facilitate the removal of said wires sufficiently to allow the passage of said building along the street over which said wires are suspended.

(3) Any expenses incurred or to be incurred in the moving, removing or displacing of such wires shall be paid for by the person who makes the application for said permit.

C. Application procedure.

(1) The City Clerk/Treasurer shall submit the application to the Planning Commission for approval and recommendations to the City Council at the next stated meeting of said Commission. The Planning Commission will determine the application on its merits and make its recommendation to the City Council.

(2) The City Council shall take action to approve or disapprove the permit after receiving the recommendations of the Planning Commission.

§ 220-56. Solar energy systems and solar and earth-sheltered structures.

A. Solar energy systems and solar and earth-sheltered structures shall be a permitted use in all districts, provided that the system is in compliance with minimum lot requirements and setbacks and the system is maintained in good repair as an integral part of the structure.

B. Solar energy systems and solar and earth-sheltered structures may be exempt from setback, height and lot coverage restrictions in all districts by variance.

C. In a residential district no owner, occupier or person in control of property shall allow vegetation or structures to be placed or planted so as to cast a shadow on a solar energy system which is greater than the shadow cast by a hypothetical wall 10 feet high located along the boundary line of said property between the hours of 9:30 a.m. and 2:30 p.m., central standard time, on December 21; provided, however, that this standard shall not apply to structures which cast a shadow upon the solar energy system at the time of installation of said solar energy system or to vegetation existing at the time of installation of said solar energy system. Violation of this standard shall constitute a private nuisance and any owner or occupant whose solar energy system is shaded because of such violation, so that performance of the system is impaired, may have in tort for the damages sustained thereby and may have such nuisance abated.

D. As a means of evidencing existing conditions, the owner of a solar energy system may file notarized photographs of the affected area with the City to document installation of said system. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-57. Wind energy conversion systems (WECS).

A. Conditional use permit. Each wind energy conversion system shall require a conditional use permit.

B. Plans. Each application for a conditional use permit shall be accompanied by a dimensional representation of the tower, including the conversion system, base and footings, and an accurate plan containing the following information:

(1) Property lines.

(2) Proposed location of tower on site.

(3) Location of all existing structures on site.

(4) All aboveground utility lines.

(5) All underground utility lines within a radius equal to the proposed height of the WECS.

(6) Boundaries of all adjacent utility easements or reserved areas.

C. WECS height. The total height of the tower, including any portion of the rotor or axis extending above the tower, shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line, except that the horizontal distance may extend beyond the nearest lot line or building line, provided that there are no overhead utility lines or easements therefor or if the abutting area is a public alleyway. Furthermore, the City Council may allow the height requirements to be exceeded, provided that they are satisfied that the proposed structure will withstand the wind loads in the area. As evidence of this, the City Council shall require the following information:

(1) Dimensional representation of the various structural components of the tower construction, including the base and footings.

(2) Design data which shall indicate basis of design, including manufacturer's dimensional drawings, installation and operation instructions.

(3) Certification by an independent registered professional engineer or is sufficient to withstand wind load requirements for structures as established by the local building construction codes.

D. Tower access. Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

E. Wind access.

(1) Contiguous property owners and planned developments may construct a WECS for their use in common.

(2) If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted for approval.

F. Noise. A WECS operation shall not produce noise in excess of the limits established by the state standards.

G. Limited use. Wind energy conversion systems installed in accordance with the requirements of this section shall not generate power as a commercial enterprise as defined by the Public Utilities Commission.

H. Electromagnetic interference. A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the operation of the WECS is likely to produce an unacceptable level of electromagnetic interference and the possible effect on the microwave communications link of which is a level satisfactory to the Building Official.

[Amended 1-12-2004]

I. Airspace. A WECS shall be located or installed in compliance with the regulations of the airport approach zones and Federal Aviation Regulations for clearance around VOR and DVOR stations.

J. Interconnect. A WECS, if connected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company. In any case, the interconnect shall include a manual disconnect which complies with the National Electric Code.

K. Codes. Construction, design and installation of a WECS shall comply with all local, state and national electrical codes in effect at the time of installation.

L. Liability. No building permit shall be issued for the construction of a WECS until and unless the applicant for the building permit deposits with the City Council a policy of liability insurance indemnifying applicant from liability for personal injury or property damage in the sum of at least $1,000,000. The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least 30 days' written notice to the City before cancellation thereof, the building permit to be automatically revoked upon the lapse or termination of said policy.

[Amended 1-12-2004]

§ 220-58. Satellite dish antennas.

Satellite dish antennas shall be a permitted accessory use in each district subject to the following standards and requirements:

A. Dish antennas shall be situated in the rear yard with a minimum setback from any lot line of five feet. Any dish antenna 36 inches or smaller may be placed anywhere on the lot within property line setbacks specified above.

B. Maximum height of the dish antenna, measured from the ground to the top of the dish antenna and including all structural supports, shall be 15 feet in residential districts and 20 feet in commercial and industrial districts.

C. Maximum diameter of the dish antenna shall be 12 feet in residential districts and 15 feet in commercial and industrial districts.

D. The number of antenna dishes permitted per premises shall be unlimited for communications-reliant businesses or industries and shall be one for other uses. Communications-reliant industries include publishing and printing, electronics, mass communications (radio, television, newspaper) and schools.

E. All satellite dish antennas over 36 inches shall require a building permit and shall be installed in accordance with applicable requirements of the Uniform Building Code and National Electrical Code. All dish antennas shall be anchored in a stationary position within seven days of operation.

F. Advertising messages shall not be allowed on any dish antenna located in a residential district.

G. Satellite dish antennas shall be located and designed to reduce the visual impact from adjacent properties at street level from public streets.

§ 220-59. Exterior storage.

A. In all districts.

(1) All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following in good order:

(a) Laundry drying.

(b) Recreational equipment.

(c) Construction and landscaping equipment and materials currently being used on the premises.

(d) Agricultural equipment and materials if these are used or intended for use on the premises.

(e) Off-street parking of passenger vehicles or pickup trucks.

(f) Fire wood piled in a neat and orderly fashion.

(g) Boats and unoccupied campers less than 25 feet in length.

(2) Existing uses shall comply with this provision within 12 months following enactment of this chapter.

B. All junkyards and auto storage areas shall be completely screened from all rights-of-way or developed areas with a solid fence eight feet or more in height and landscaped with suitable plantings. All existing junkyards and auto storage areas shall comply with these requirements within one year from the enactment of this chapter or shall terminate their operations. All junkyards in residential districts shall discontinue operations and clear the site for residential uses only within one year of enactment of this chapter and notification.

C. In all districts, the City may require a conditional use permit for any exterior storage if it is demonstrated that such a storage is a hazard to public health and safety or has a depreciating effect upon nearby property values or impairs scenic views or constitutes a threat to living amenities.

§ 220-60. Bulk storage of hazardous liquids.

A. All uses associated with the bulk storage of oil, gasoline, liquid fertilizer and chemicals and similar liquids shall require a conditional use permit in order that the City Council may have assurance that fire, explosion and water or soil contamination hazards are not present that would be detrimental to the public health, safety and general welfare. All existing aboveground liquid storage tanks having a capacity in excess of 10,000 gallons shall secure a conditional use permit within 12 months following enactment of this chapter.

B. The City Council may require the development of diking around said tanks. Diking shall be suitably sealed and shall hold a leakage capacity equal to 115% of the tank's capacity. Any existing storage tank that, in the opinion of the City Council, constitutes a hazard to the public safety shall discontinue operations within one year following enactment of this chapter. All diking and bulk storage must be in compliance with the appropriate MPCA and State Fire Code regulations.

§ 220-61. Refuse.

Editor's Note: See Ch. 185, Solid Waste.

A. Refuse regulated. In all districts, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes, with the exception of crop residue. The owner of vacant land shall be responsible for keeping such land free from refuse. Existing uses shall comply with this provision within 90 days following enactment of this chapter. All exterior storage material, not included as a permitted use, accessory use or conditional use or otherwise permitted by provisions of this chapter shall be considered as refuse.

B. Container locations. All refuse containers exceeding one square yard, which are permanently placed on a parcel, shall be located in the side or rear yard. Residential refuse containers shall not be placed out for pickup sooner than 24 hours before collection and shall be removed, for storage, within 24 hours of refuse collection. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-62. Nuisances.

A. Nuisance characteristics. Editor's Note: See Ch. 137, Nuisances. No noise, odors, vibration, smoke, air pollution, liquid or solid waste, heat, glare, dust or other such adverse influences shall be permitted in any district that will in any way have an objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor damage public waste transmission or disposal facilities. The following standards apply to nonindustrial districts:

B. Noise. Editor's Note: See Ch. 133, Noise.

(1) Noise prohibited. It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth, unless noise is reasonably necessary to the preservation of life, health, safety or property.

(2) Measure of noise. Any activity not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property lines of any property by more than six decibels above the ambient noise levels, as designated in the following table, at the time and place and for the duration then mentioned shall be deemed to be a violation of this chapter. But any enumeration herein shall not be deemed to be exclusive.

		I	II	III
	Duration of Sound	7:00 a.m. to 6:00 p.m. (all districts) (db)	6:00 p.m. to 7:00 a.m. (all other districts) (db)	10:00 p.m. to 1:00 a.m. (residential districts) (db)
	Less than 10 minutes	70	65	55
	Between 10 minutes and 2 hours	60	55	45
	In excess of 2 hours	50	45	40

(3) In determining whether a particular sound exceeds the maximum permissible sound level in the above table:

(a) Sounds in excess of the residential districts limitations, as measured in a residential district, are violative of this section, whether the sound originates in a residential district or any other district.

(b) During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in Column II of the table.

(4) Sounds emanating from the operation of motor vehicles on a public highway, aircraft, outdoor implements, such as power mowers, snow blowers, power hedge clippers and power saws, pile drivers, jackhammers and other construction equipment, emergency equipment or trains, are exempt from this section except during the hours of 10:00 p.m. to 7:00 a.m. Sounds emanating from lawful and proper activities at school grounds, playgrounds, parks or places wherein athletic contests take place are exempt from the provisions of this section.

C. Vibration. The following vibrations are prohibited:

(1) Any vibration discernible, beyond property lines, to the human sense of feeling for three minutes or more duration in one hour.

(2) Any vibration resulting, in any combination of amplitudes and frequencies, beyond the "safe" range of the most current standards of the United States Bureau of Mines on any structure.

D. Toxic or noxious matter. Any use shall be so operated so as not to discharge, across the boundaries of any lot or through percolation into the atmosphere of the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. All MPCA regulations relating to toxic or noxious matter shall be followed.

E. Air pollution. Any use shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For the purpose of this chapter, the regulations adopted by the Minnesota Pollution Control Agency (MPCA) shall be employed.

F. Miscellaneous nuisances. The following are expressly not allowed for use as storage in a residential district:

[Added 1-13-1993]

(1) Trailers.

(2) Boxcars.

(3) Semitrailers.

(4) Mobile homes.

§ 220-63. Glare.

In all districts, any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding, shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public rights-of-way. Any light or combination of lights which cast light on a public street shall not exceed one footcandle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on a residential property shall not exceed 0.4 candles (meter reading) as measured from said property.

§ 220-64. Landscaping and screening.

A. Landscaping.

(1) In all districts. Where setbacks exist or are required all developed uses shall provide a landscaped yard, including grass, decorative stones, shrubs and trees, along all streets. This yard shall be kept clear of all structures, storage and off-street parking. Except for driveways, the yard shall extend along the entire frontage of the lot and along both streets in the case of a corner lot.

(2) In all districts. All structures and areas requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(3) All vacant lots, tracts or parcels shall be properly maintained in accordance with their natural or existing character.

(4) The screening required in this section may consist of a fence, trees, shrubs and berms, but shall not extend within 15 feet of any street or driveway. The screening shall be placed along property lines, or in case of screening along a street, 20 feet from the street right-of-way with landscaping between the screening and the street pavement. Planting, of a type approved by the City Council, may also be required in addition to or in lieu of fencing. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. General fencing regulations.

[Amended 1-13-1993]

(1) No fence shall exceed eight feet in height in the rear and side yards and four feet in height in the front yard nor be less than three feet in height as well. In the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between highest and lowest grade.

(2) Fences shall be setback one foot from the property line to allow for routine maintenance. If the lot line abuts a street then fences may be allowed on the lot line abutting the street. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-65. Permitted encroachments.

A. The following shall be considered as permitted encroachments on setbacks and height requirements, except as provided in this chapter, in any yard: posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks, and all other similar devices incidental and appurtenant to the principal structure except as hereinafter amended.

B. Decks are exempt from setback requirements, except that a deck may not be located closer than 20 feet from the rear property line and are under the Planning Commission's discretion.

§ 220-66. Sight distance at intersections with traffic controls.

On any corner lot at a street intersection which has some form of traffic control, stop or yield signs, there shall be no obstruction to traffic visibility within the clear sight triangle which is formed by the intersection of the center line of two intersection streets and a straight line joining the two said center lines at points 55 feet distance from their points of intersection.

§ 220-67. Soil erosion and sedimentation control.

A. All developments shall conform to the natural limitations presented by the topography and soil in order to create the best potential for preventing soil erosion.

B. Developments on slopes with a grade between 12% and 18% shall be carefully reviewed to ensure that adequate measures have been taken to prevent erosion, sedimentation and structural damage.

C. Erosion and siltation control measures shall be coordinated with the different stages of developments. Appropriate control measures shall be installed prior to development when necessary to control erosion.

D. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time, and no exposure shall exceed 60 days unless extended by the City Council.

E. Where the topsoil is removed sufficient airable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development.

F. The natural drainage system shall be used as far as is feasible for storage and flow of runoff. Stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Temporary storage areas or retention basins scattered throughout developed areas shall be encouraged to reduce peak flow, erosion damage and construction cost.

G. Public and private properties adjacent to the development site shall be protected from the effects of sedimentation. Any violation of this provision must be corrected by the owner to the satisfaction of the City within five days of receiving notification of such. If the violation is not remedied within the time period specified, the City may correct the problem and assess the costs incurred to the property owner.

§ 220-68. Preservation of natural drainageways.

A. Waterways.

(1) Every effort shall be made to retain the natural drainage systems in the City including existing wetlands and ponds. The natural drainage system shall be maintained by the City. Aboveground runoff disposal waterways may be constructed to augment the natural drainage system.

(2) The width of a constructed waterway shall be sufficiently large to adequately channel runoff from a ten-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached.

(3) No fences, driveways or structures shall be constructed across the waterway that will reduce or restrict the flow of water.

[Amended 1-12-2004]

(4) The banks of the waterway shall be protected with permanent vegetation.

(5) The banks of the waterway should not exceed four feet horizontal to one foot vertical in gradient.

(6) The gradient of the waterway bed should not exceed a grade that will result in a velocity that will cause erosion of the banks of the waterway.

(7) The bend of the waterway should be protected with turf, sod or concrete. If turf or sod will not function properly, riprap may be used. Riprap shall consist of quarried limestone, fieldstone (if random riprap is used) or construction materials of concrete. The riprap shall be no smaller than two inches square nor no larger than two feet square. Construction materials shall be used only in those areas where the waterway is not used as part of a recreation trail system.

(8) If the flow velocity in the waterway is such that erosion of the turf sidewall will occur and said velocity cannot be decreased via velocity control structures, then other materials may replace turf on the side walls. Either gravel or riprap would be allowed to prevent erosion at these points.

§ 220-69. Parking.

A. Surfacing and drainage. Off-street parking areas, except for single-family residences, shall be paved or surfaced with a dust-free material approved by the City. Such areas shall be so graded and drained as to dispose of all surface water accumulation within the area. Open sales lots for cars, trucks and other equipment shall also be graded, drained and paved, but the interior landscaping is not required. All accessory off-street parking facilities required herein shall be located as follows:

(1) Spaces accessory to one- and two-family dwellings shall be on the same lot as the principal use served.

(2) Spaces accessory to the multiple-family dwellings shall be on the same lot as the principal use served or within 300 feet of the main entrance to the principal building served.

(3) There shall be no off-street parking space within three feet of any street right-of-way.

B. General provisions.

(1) Access drives. Access drives may be placed adjacent to property lines.

(2) Size. Each parking space shall not be less than nine feet wide and 20 feet in length.

(3) Control of off-street parking facilities. Where accessory off-street parking facilities are provided elsewhere than on the same lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use, and the owner of the principal use shall file a recordable document with the City Council requiring the owner and his/her heirs and assigns to maintain the required number of off-street spaces during the existence of said principal use.

(4) Use of parking area. Required off-street parking space, in any district, shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or rent.

(5) Prohibition. Parking shall not be allowed in areas not designated for off-street parking.

C. Design and maintenance of off-street parking areas.

(1) Design. Parking areas shall be designed so as to provide adequate means of access to a public alley or street. Such driveway access shall not exceed 30 feet in width and shall be so located as to cause the least interference with traffic movement.

(2) Curbing and landscaping. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than five feet from the side property line or a guard of normal bumper heights not less than three feet from the side property line.

(3) Parking space of six or more cars. When a required off-street parking space for six or more cars is located adjacent to a residential district, a fence approved by the City Council shall be erected along the residential district property line.

(4) Maintenance of off-street parking space. It shall be the joint and several responsibility of the operator and owner of the principal use, uses and or building to maintain, in a neat and adequate manner, the parking space accessways, landscaping and required fences.

(5) Determination of areas. A parking space shall not be less than 300 square feet, per vehicle, of standing and maneuvering area.

D. Parking in public streets and residential areas. No person shall encumber or obstruct any street, sidewalk or alley with any kind of vehicle, machinery, box, firewood, lumber, posts, signs, awnings, merchandise or other material or substance whatsoever so as to hinder the free use by the public of said street, sidewalk or alley.

E. Off-street space required (one space equals 300 square feet).

(1) One- and two-family residences: two spaces per dwelling unit.

(2) Multiple dwellings: 1 1/2 spaces per dwelling unit.

(3) Business and professional offices: one space for each 200 square feet of gross floor space.

(4) Medical and dental clinics: five spaces per doctor or dentist plus one space for each employee.

(5) Hotel or motel: one space per rental unit plus one space per full-time employee.

(6) Schools, elementary: two spaces for each class room.

(7) Drive-in food establishment: one space for each 15 square feet of gross floor space in building allocated to the drive-in operation.

(8) Bowling alley: six spaces for each alley plus additional spaces, as may be required herein, for related uses such as a restaurant.

(9) Automobile service station: at least two off-street parking spaces plus four off-street parking spaces for each service stall.

(10) Retail store: at least one off-street parking space for each 200 square feet of gross floor space.

(11) Restaurants, cafes and bars: at least one space for each three seats based on capacity design.

(12) Theaters, auditoriums, stadiums, arenas, dance halls Editor's Note: See Ch. 88, Dance Halls. and other places of assembly: spaces equal to 1/3 of the capacity in persons.

(13) Churches: spaces equal to 1/3 of the capacity in persons of the main sanctuary or auditorium plus provisions for supplementary parking space needs for other portions of the church facilities as determined by final site and building plans when reviewed by the Planning Commission.

(14) Industrial, warehouse, storage, handling of bulk goods: at least one space for each employee on maximum shift or one space for each 2,000 square feet of gross floor area, whichever is larger.

(15) Uses not specifically noted: as determined by the City Council following review by the Planning Commission.

F. Off-street loading and unloading areas.

(1) Location. All required loading berths shall be off-street and shall be located on the same lot as the building or use to be served. A loading berth shall be located at least 25 feet from the intersection of two street rights-of-way and at least 50 feet from a residential district unless within a building. Loading berths shall not occupy the required front yard space.

(2) Size. Unless otherwise specified in this chapter, a required loading berth shall not be less than 12 feet in width, 50 feet in length and 14 feet in height exclusive of aisles and maneuvering space.

(3) Required loading spaces. Required loading spaces shall be determined by the City Council following review by the Planning Commission.

(4) Surfacing. All loading berths and accessways shall be improved with a durable material to control the dust and drainage.

(5) Noise. Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the hours of 10:00 p.m. and 7:00 a.m., except for the loading and unloading of grain.

§ 220-70. Access drives and access.

A. Access drives may be located adjacent to property lines, except that they shall not be placed closer than five feet to any side or rear lot line. The number and types of access drives onto major streets may be controlled and limited by the City Council in the interests of public safety and efficient traffic flow.

B. Access drives onto county roads shall require a review and approval by the County Engineer. The County Engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

C. Access drives to principal structures which traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The City Council shall review all access drives and driveways for compliance with accepted community access drive standards. All driveways shall have a minimum width of 10 feet with a road strength capable of supporting emergency and fire vehicles.

D. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway or an existing private roadway approved by the City Council.

§ 220-71. Vacated streets, alleys, easements or public ways.

When any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of said vacated area shall not be affected by such proceeding.

§ 220-72. Drive-in business standards.

The following standards shall apply to drive-in businesses in all districts.

A. Design standards.

(1) The entire area of any drive-in business shall have a drainage system approved by the City Council.

(2) The entire area, other than that occupied by structures or plantings, shall be surfaced with a hard surface material which will control dust and drainage.

(3) A fence or screen of acceptable design not over eight feet in height or less than four feet shall be constructed along the property line abutting a residential district, and said fence or screen shall be adequately maintained. Where a street separates the area from a residential district, the applicability of this provision shall be at the discretion of the Planning Commission and City Council.

B. General.

(1) Any drive-in business serving food or beverages, including vehicular service stations, may also provide an indoor food and beverage service seating area.

(2) The hours of operation shall be set forth as a condition of any building permit for drive-in business.

(3) Each drive-in serving food may have outside seating.

(4) Each food, beverage or auto service drive-in business shall place receptacles at all exits as well as one refuse receptacle per 10 vehicle parking spaces within the parking area.

C. Locations.

(1) No drive-in business shall be located within 200 feet of a school or church.

(2) No drive-in shall be located on any street other than a thoroughfare or business service road as designated on the City Map.

D. Site plan.

(1) The site plan shall clearly indicate suitable storage containers for all waste material. All commercial refuse containers shall be screened.

(2) A landscaping plan shall be included and shall set forth complete specifications for plan and other features.

(3) Adequate area shall be designated for snow storage such that clear visibility shall be maintained from the property to any public street.

(4) The design of any structure shall be compatible with other structures in the surrounding area.

§ 220-73. Signs.

A. Approval of plans and location. A permit shall be required to erect any sign in the City. No sign shall be erected by any person until the plan for the proposed sign has been received by the Planning Commission and approved by the City Council. Permit fees shall be as determined by the City Council.

B. Prohibited signs. No sign shall be permitted:

(1) In a location which would interfere with the view of any traveler on any roadway, of approaching vehicles or of traffic control devices or signs for a distance of 500 feet.

(2) On rocks, trees or other perennial plant or on any public utility pole.

(3) Containing a rotating beam or any beam of light resembling an emergency vehicle.

(4) Which simulates any official, directional or warning sign erected and or maintained by the state, county, municipality or other governmental subdivision or which incorporates or makes use of light simulating or resembling traffic signals or control signs.

(5) Which casts a distracting or confusing ray of light onto or visible from a public roadway.

(6) Which interferes with public facilities or the maintenance thereof.

(7) Which obstructs any window, door, fire escape, stairway or opening essential to the provision of light, air, ingress or egress from any building.

(8) Which contains more than two surface areas or facings.

(9) Within the right-of-way of any public road except as erected by an official unit of government for the direction of traffic or necessary public information.

C. Temporary signs. The following signs will be permitted in all districts subject to the specific standards indicated:

(1) Real estate signs: not to exceed 16 square feet in area which advertise the sale, rental or lease of the premises upon which the sign is temporarily located.

(2) Official signs: such as traffic control, directional signs, parking restrictions, information and notices.

(3) Political signs: allowed in any district on private property with the consent of the owner of the property. Said signs must be removed within seven days following the date of the election or elections to which they applied.

(4) Construction signs: not exceeding 32 square feet in area allowed in all zoning districts during construction. Said signs shall be removed when the project is completed.

(5) Business signs: signs which advertise goods or services made and or sold on the premises, provided that they meet the setback requirements established for the use, do not contain a total combined surface in excess of 250 square feet, are limited to two in number and are located within the property limits of the use.

(6) Farm products signs: provided that they are located within 300 feet of the farm residence property and relate to farm products and merchandise or services sold, produced, manufactured or furnished on said farm and provided further that no such device shall exceed 25 square feet in area.

(7) For sale or for rent signs: not to exceed 16 square feet in area which advertises property as being for sale or for rent.

(8) Residential signs: signs which either identify personal property or residence and provided that they are affixed flat thereto and do not contain more than two square feet in area.

(9) Miscellaneous signs: signs or posters of a miscellaneous character which advertise temporary events, provided that they are self-supporting and not tacked, posted, painted or otherwise affixed to walls of buildings, trees, fences or poles. Said signs shall be removed 48 hours after the culmination of the special event.

D. Nonconforming signs. Signs lawfully existing at the time of the adoption of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use.

E. Sign maintenance.

(1) Painting. The owner of any sign shall be required to have such sign properly painted at least once every two years, if needed, including all parts and supports of the sign unless such supports are galvanized or otherwise treated to prevent rust.

(2) Area around sign. The owner or lessee of any sign or the owner of the land on which the sign is located shall keep the grass, weeds or other growth cut and the area free from the refuse between the sign and the street and also for a distance of six feet behind and at each end of said sign.

F. Obsolete signs. Any sign which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or land upon which the sign may be found within 10 days after written notice from the City Council.

G. Unsafe or dangerous signs. Any sign which, in the opinion of the City Council, becomes structurally unsafe or endangers the public safety shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or land upon which the sign is located within 10 days after written notification from the City Council.

§ 220-74. Agricultural operations.

All farms in existence upon the effective date of this chapter within the City limits shall be a permitted use where the operator can conduct a farming operation. However all regulations contained in these performance standards shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character. Any structure exceeding $500 in value to be erected on a farm shall require a zoning permit and conform to all requirements of the Building Code. The City Council may require any farm operator to secure a conditional use permit to expand or intensify said operations in the event of the following:

A. The farm is adjacent to or within 400 feet of any dwelling unit and may be detrimental to living conditions by creating safety hazards or by emitting noise, odor, vibrations or similar nuisances.

B. The farming operations are so intensive as to constitute an industrial type-use consisting of the compounding, processing and packaging of products for wholesale or retail trade.

§ 220-75. Complaints regarding violations.

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the City Council. The City Council shall record properly such complaint and immediately investigate and take action thereon as provided by this chapter.

§ 220-76. Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Any person who violates or refuses to comply with any of the provisions of this chapter shall be subject, upon conviction thereof, to the provisions of Article V of this chapter. Any violation of this chapter shall be a misdemeanor offense and shall be subject to the penalties provided in Chapter 1, Article III, General Penalty . Each day that the violation is permitted to exist shall constitute a separate offense.

§ 220-77. Violations of conditional use permit.

Violation of any condition of a conditional use permit may result in immediate termination of such permit by the City Council, following public hearing.

§ 220-78. Notice of violation.

Notice and public hearing of violations and termination proceedings on all nonconforming, any conditional, incomplete, accessory or conditional uses or home occupation uses shall be given by the City Council to the interested party or parties by certified mail or in lieu thereof by one legal published notice at least 10 days before the hearing date. Notice shall be given by the City Council within a reasonable time.