TITLE
XV: LAND USAGE
150.
ZONING
APPENDIX A: PARKING AREA STANDARDS
APPENDIX B: PARKING AND LOADING SPACES
151.
SIGNS
152.
SHORELAND MANAGEMENT
153.
FLOOD HAZARD PREVENTION
154.
AIRPORT HAZARD AREAS
155.
BUILDING REGULATIONS
156.
SUBDIVISIONS
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Ortonville - Land Usage
CHAPTER 150: ZONING
Section
General
Provisions
150.001
Title; application
150.002
Definitions
150.003
Establishment of districts; official map
150.004
Annexations and detachments
150.005
Zoning district boundaries
District
Regulations
150.020
Conformance; regulations
150.021
A-O, agriculture - open space
150.022
R-1, low density residential
150.023
R-2, medium density dwelling
150.024
R-3, manufactured home park
150.025
B-1, central business
150.026
B-2, general business
150.027
B-3, highway business
150.028
I-1, limited industrial
150.029
I-2, general industrial
150.030
PUD, planned unit development
General
Regulations
150.045
Purpose
150.046
Dwelling units; buildings
150.047
Land reclamation
150.048
Mining
150.049
Fencing, screening and landscaping
150.050
Nuisances and blight; vision obstructions
150.051
Junk yards
150.052
Performance standards
150.053
Lighting
150.054
Public water alterations
150.055
Design standards
Yard, Area
and Building Size Regulations
150.070
Purpose
150.071
Reduction requirements
150.072
Yard requirements
150.073
Lot area requirements
150.074
Building size and architectural requirements
150.075
Accessory structures, uses and equipment
Off-Street
Parking and Loading
150.090
Purpose and scope
150.091
Calculating space
150.092
Site plan; criteria
150.093
Reduction and use of space
150.094
Commercial vehicles and equipment
150.095
Parking and storage of certain vehicles
150.096
Maintenance
150.097
Stall, aisle and driveway design
150.098
Joint parking facilities
150.099
Off-street loading facilities
150.100
Central loading
Nonconforming Uses and Structures
150.115
Purpose
150.116
Continuance and maintenance
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Administration and Enforcement
150.135
Zoning Administrator
150.136
Building permits
150.137
Fees
150.138
Amendments; conditional use permits
150.139
Variances and appeals
150.140
Environmental Review Program
Heritage Preservation Commission
150.150 Declaration of public policy and
purpose
150.151
Definition
150.152
Heritage Preservation Commission
established
150.153
Designation of heritage preservation
sites
150.154
Additional powers and duties of the
Commission
150.155
Review of permits
150.156
Findings
150.157
Limitations
150.158
Emergency repair
150.159
Appeal to the City Council
150.160
Repository for documents
150.161
Recording of heritage preservation
sites
150.162
Penalty
Appendix
A: Parking Area Standards
Appendix
B: Parking and Loading Spaces
GENERAL
PROVISIONS
§ 150.001
TITLE; APPLICATION.
(A) This
chapter shall be known as the “Zoning Chapter of the City of Ortonville,
Minnesota,” except
as referred to
herein, where it shall be known as “this chapter.”
(B) (1)
The intent of this chapter is to protect the public health, safety and
general welfare of the city and its people through the establishment of
minimum regulations governing land development and use. This chapter
shall divide the city into use districts and establish regulations in
regard to location, erection, construction, reconstruction, alteration
and use of structures and land.
(2) The regulations are established to provide adequate light, air and
convenience of access to property; to prevent congestion in the public
right-of-way; to prevent overcrowding of land and undue concentration of
structures by regulating land, buildings, yards and density of
population; to provide for compatibility of different land uses; to
provide for administration of the chapter; to provide for amendments; to
prescribe penalties for violation of the regulations; to define powers
and duties of the city staff, the Board of Adjustment and Appeals, the
Planning Commission and the City Council in relation to this chapter.
(C) It is
the policy of the city that the enforcement, amendment and
administration of this chapter be accomplished with due consideration of
the recommendations contained in the city’s comprehensive plan as the
policy for responsibility to regulate land use and development in
accordance with the policies herein set forth.
(D) It is
the policy of the city that the enforcement, amendment and
administration of this chapter be accomplished with due consideration of
the county’s comprehensive local water plan that establishes goals,
objectives and actions for protection, management and development of
water resources and related land resources in Big Stone County.
(E) It
is the policy of the city that the use of any shoreland of public
waters; the size and shape of lots; the use size, type and location of
structures on lots; the installation and maintenance of water supply
and waste treatment systems; the grading and filling of any shoreland
area; the cutting of shoreland vegetation; and the subdivision of land
shall be accomplished in full compliance with the terms of the shoreland
management chapter.
(F)
Where the conditions imposed by any provisions of this chapter are
either more or less restrictive than comparable conditions imposed by
other ordinances, rules or regulations of the city, the ordinance, rule
or regulation which imposes the more restrictive condition standard or
requirements shall prevail. In the event of any conflict between this
chapter with any private restrictions, protections and covenants, the
provisions of this chapter shall apply.
(G) 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.
(H) No
structure shall be erected, moved, converted, enlarged, reconstructed or
altered, and no structure or land shall be used for any purpose nor in
any manner which is not in conformity with the provisions of this
chapter.
(I)
Except as herein provided, no building, structure or premises shall
hereafter be used or occupied and no building permit shall be granted
that does not conform to the requirements of this chapter and the State
Building Code as adopted in § 155.01.
(J)
Nothing within this chapter shall be construed so as to deny and
prohibit the property
owner the right
to apply for a conditional use permit or variance.
(K)
Whenever in any zoning district a use is neither specifically permitted
nor denied, the use shall be considered prohibited. In such case, the
City Council or the Planning Commission, on their own initiative or upon
request may conduct a study to determine if the use is acceptable and if
so what zoning district would be most appropriate and the determination
as to conditions and standards relating to development of the use. The
City Council, Planning Commission or property owner, shall, if
appropriate, initiate an amendment to this chapter to provide for the
particular use under consideration or shall find that the use is not
compatible for development within the city.
(L) The
language set forth in the text of this chapter shall be interpreted in
accordance with the following rules of construction:
(1) The singular number includes the plural, and the plural the
singular;
(2) The present tense includes the past and the future tenses, and the
future the present;
(3) The word “shall” is mandatory, while the word “may” is permissive;
(4) The masculine gender includes the feminine and neuter; and
(5) The words “used” or “occupied” shall include within their meaning
“intended, arranged or
designed to be
used or occupied.”
(Ord. 96-603,
passed 7-15-1996)
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Ortonville - Land Usage
§ 150.002
DEFINITIONS.
For the
purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. An incidental subordinate building
customarily incidental to and located on the same lot occupied by the
main use or building, such as a detached garage.
ACCESSORY USE. A use conducted on the same lot as the primary
use of the structure to which it is related; a use which is clearly
incidental to, and customarily found in connection with, the primary
use.
AGRICULTURAL USES. Those uses commonly associated with the
growing of produce on farms. These include: field crop farming; pasture
for hay; fruit growing; tree, plant, shrub or flower nursery without
building; truck gardening; roadside stand for sale in season; and
livestock raising and feeding; but not including fur farms, and
commercial animal feed lots.
ALLEY. Any public way or thoroughfare which has been dedicated
or deeded to the public for public use.
ALTERATION. Any change, addition or modification in
construction, occupancy or use.
AMENDMENT. A change in the wording or substance of this chapter
or a change in the boundaries or classifications upon the official
zoning map.
APARTMENT HOUSE. Any building or portion thereof which contains
three or more dwelling units and, for the purpose of this code, includes
residential condominiums.
ARTIFICIAL
OBSTRUCTION.
Any obstruction which is not a natural obstruction.
AUTOMOTIVE REPAIR, MAJOR. An establishment primarily engaged in
the repair or maintenance of motor vehicles, trailers and similar large
mechanical equipment, including paint, body and fender and major engine
and engine part overhaul, provided it is conducted within a completely
enclosed building.
AUTOMOTIVE REPAIR, MINOR. An establishment primarily engaged in
the repair or maintenance of motor vehicles, trailers and similar
mechanical equipment, including brake, muffler, upholstery work, tire
repair and change, lubrication, time ups and transmission work, provided
it is conducted within a completely enclosed building.
AUTOMOBILE SALES AREA. An open area, other than a street, used
for the display, sale or rental of new or used automobiles, traders or
trucks, where no repair work is done except minor, incidental repair to
vehicle for display. Vehicles must be capable of operation under their
own power at all times.
AUTOMOTIVE SERVICE STATION. The portion of property where
flammable or combustible liquids or gases used as fuel are stored and
dispersed from fixed equipment into the fuel tanks of motor vehicles.
Accessory activities may include automotive repair and maintenance, car
wash service and food sales.
BASEMENT. Any floor level below the first story in a building,
except that a floor level in a building having only one floor level
shall be classified as a BASEMENT unless the floor level
qualifies as a first story, as defined herein.
BED
AND BREAKFAST FACILITY. A limited commercial activity,
occurring within any zone, conducted within a structure, which includes
dining and bathroom facilities with sleeping rooms for short-term guest
lodging and for compensation.
BOARDING HOUSE. A dwelling containing a single dwelling unit
and not more than ten guest rooms or suites of rooms, where lodging is
provided with or without meals, for compensation for more than one week.
BOATHOUSE. A structure used solely for the storage of boats or
boating equipment.
BUILDING. Any structure used or intended for supporting or
sheltering any use or occupancy.
(1) MAIN BUILDING. A building in which the principal
use of the site is conducted.
(2) TEMPORARY BUILDING. A building used temporarily for
the storage for construction materials and equipment incidental and
necessary to on-site permitted construction of utilities, or other
community facilities, or used temporarily in conjunction with the sale
of property within a subdivision under construction.
BUILDABLE AREA. The portion of a lot remaining after required
yards have been provided.
BUILDING HEIGHT. The vertical distance to be measured from the
mean ground level to the top of a flat roof, to the mean distance of the
highest gable on pitched or hip roof, to the deckline of a mansard roof,
to the uppermost point on other roof types.
BUILDING LINE.
The perimeter of that portion of a building or structure nearest a
property line, but excluding open steps, terraces, cornices and other
ornamental features projecting from the walls of the building or
structure.
BUILDING SETBACK. The minimum horizontal distance between the
building and the specified lot line as prescribed in this chapter.
BUSINESS. Any establishment, occupation, employment or
enterprise where merchandise is manufactured, exhibited or sold, or
where services are offered for compensation.
CAMPGROUND. An area accessible by vehicle and containing
campsites or camping spurs for tent and trailer camping.
CELLAR. Any floor level below the first story in a building,
except that a floor level in a building having only one floor level
shall be classified as a CELLAR unless the floor level
qualifies as a first story, as defined herein.
CHURCH. A building, together with its accessory buildings and
uses, 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.
CLUB
or LODGE. A non-profit association of persons who are
bonafide members paying annual dues, use of premises being restricted to
the serving of food and meals on the premises providing adequate dining
room space and kitchen facilities are available.
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Serving of
alcoholic beverages to members and their guests shall be allowed,
providing the serving is secondary and incidental to the operation of
the dining room for the purpose of serving food and meals and providing
further that the serving of alcoholic beverages is in compliance with
the applicable federal, state and municipal laws.
COMMERCIAL AGRICULTURAL. The use of land for the growing and/or
production of field crops, livestock and livestock products.
COMMERCIAL RECREATION. Bowling alley, cart track, golf, pool
hall, vehicle racing or amusement, dance hall, skating, trampoline,
tavern, theater, firearms range, boat rental, amusement rides,
campgrounds, deer park and similar uses for which fees are charged for
admission or use of the facility.
COMMERCIAL USES. All permitted, conditional and accessory uses
allowed in the B-1, B-2 and B-3 districts.
COMPREHENSIVE PLAN. The declaration of purposes, policies and
programs for the development of the jurisdiction. Also called the
“general plan.”
CONDITIONAL USE. A use, which because of special problems of
control requires reasonable, but special, unusual and extraordinary
limitations peculiar to the use for the protection of the public welfare
and the integrity of the city’s comprehensive plan.
CONDITIONAL USE PERMIT. A permit issued by the Council in
accordance with procedures specified in this chapter, as well as its
compatibility with the city’s comprehensive plan, as a flexibility
device to enable the City Council to assign dimensions
to a proposed use
or conditions surrounding it after consideration of adjacent uses and
their functions and the special problems which the proposed use
presents.
CONDOMINIUM. A multiple dwelling containing individually owned
dwelling units and jointly owned and shared areas and facilities, which
dwelling is subject to the provisions of the Minnesota Condominium Law,
M.S. §§ 515.01 to 515.19, as amended.
CONGREGATE RESIDENCE. Any building or portion thereof which
contains facilities for living, sleeping and sanitation as required by
this code, and may include facilities for eating and cooking, for
occupancy by other than a family. A CONGREGATE RESIDENCE
may be a shelter, convent, monastery, dormitory, fraternity or sorority
house but does not include jails, hospitals, nursing homes, hotels or
lodging houses.
CONVALESCENT CENTER. A facility which is publicly or privately
operated and intended for long-term patient care due to human illness or
infirmity, including the elderly and developmentally disabled, normally
employing the services of skilled and licensed practitioners, excluding
hospitals.
COURT. A space, open and unobstructed to the sky, located at or
above grade level on a lot and bounded on three or more sides by walls
of a building.
COVERAGE. Lot covered by principal and accessory use
structures.
DAY
CARE; GROUP NURSERY. A service provided to the public, in which
children of school or pre-school age are cared for during established
business hours as
set forth in M.S. §§ 245A.01 to 245A.18 as they may be amended from time
to time.
DENSITY. The number of dwelling units which are allowed on an
area of land, which area of land may include dedicated streets contained
within the development.
DEPARTMENT STORE. A business which is conducted under a single
owner’s name wherein a variety of unrelated merchandise and services are
housed, enclosed and are exhibited and sold directly to the customer for
whom the goods and services are furnished.
DISTRICT. A section or sections of the city for which the
regulations and provisions governing the use of buildings and lands are
uniform for each class of use permitted therein.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the
patron’s automobile from which products purchased from the establishment
may be consumed.
DRIVEWAY. A private access road, the use of which is limited to
persons residing, employed or using or visiting the parcel in which it
is located.
DWELLING UNIT. Any building or portion thereof which contains
living facilities, including provisions for sleeping, eating, cooking
and sanitation, for not more than one family.
(1) DWELLING, DUPLEX. A building designed or arranged
to be occupied by two families living independently, the structure
having only two dwelling units.
(2)
DWELLING, MULTIPLE-UNIT. A building or portion thereof designed
for occupancy by three or more families living independently in which
they may or may not share common entrances and/or other spaces.
Individual dwelling units may be owned as condominiums, or offered for
rent.
(3) DWELLING, SINGLE-FAMILY. A detached dwelling unit
designed for occupancy of one family. A manufactured home shall be
considered to be a dwelling if attached to a permanent foundation and if
it meets the building size and architectural requirements of code §
150.074.
EASEMENT. The portion of a lot or lots reserved for present or
future use by a person or agency other than the legal fee owner(s) of
the property. The EASEMENT may be for use under, on or
above the lot or lots.
ESSENTIAL SERVICES. Underground or overhead gas, electrical,
steam or water distribution systems; collection, communication, supply
or disposal system including poles, wires, mains, drains, sewer, pipes,
conduits, cables, fire alarm boxes, traffic signals, hydrants or the
similar equipment and accessories in conjunction therewith.
FAMILY. An individual or two or more persons related by blood,
marriage or adoption or a group of not more than five unrelated persons
living together as a single housekeeping unit.
FARM. A tract of land ten or more acres which is principally
used for commercial agriculture, all of which is owned and operated by a
single family, farm corporation, individual or corporation.
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FARM
ANIMALS. Animals other than household pets that may, where
permitted, be kept and maintained for commercial production and sale
and/or family food production, education or recreation. FARM
ANIMALS are identified by these categories: large animals, such
as horses and cattle; medium animals, such as sheep, goats; or small
animals, such as rabbits, chinchilla, chickens, turkeys, pheasants,
geese, ducks and pigeons.
FARM
DWELLING. A single-family dwelling located on a farm which is
used or intended for use by the farm’s owner, a relative of the owner,
or a person employed thereon.
FENCE. A barrier forming a boundary to, or enclosing some area.
FLOOR AREA. The sum of the gross horizontal area of the several
floors of the building, measured from the exterior faces of the exterior
walls.
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 occupants at the building to which it
is accessory.
GARAGE, PUBLIC. A building or portion of a building, except as
herein defined as a private garage or as a repair garage, used for the
storage of motor vehicles, or where any vehicles are kept for
remuneration or hire and which any sale of gasoline, oil and accessories
is only incidental to the principal traffic.
GOVERNING BODY. Shall be the City Council.
GRADE; ADJACENT
GROUND ELEVATION.
The lowest point of elevation of the finished surface of the ground,
paving or sidewalk within the area between the building and the property
line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building.
GRADING. Changing the natural or existing topography of land.
GREENBELT. A planned barrier consisting of dense vegetation
used for the purpose of separation and screening of land uses.
GREENHOUSE. A building with a roof and walls of glass often
heated and used for growing flowers and plants that need warmth.
GROWTH MANAGEMENT SYSTEMS. The goals, policies, programs,
ordinances and regulations used to guide the city’s growth and
development.
GUEST ROOM. A room occupied by one or more guests for
compensation and in which no provision is made for cooking, but not
including rooms in a dormitory for sleeping purposes primarily.
HABITABLE SPACE; ROOM. Space in a structure for living,
sleeping, eating or cooking. Bathrooms, toilet compartments, closets,
halls, storage or utility space, and similar areas, are not considered
HABITABLE SPACE.
HOME
OCCUPATION. Any occupation or profession carried on by a member
of the family residing on the premises, provided that the use is clearly
incidental and secondary to the use of the dwelling for dwelling
purposes and does not change the character of the dwelling.
HOSPITAL. An institution designed for the diagnosis, treatment
and care of human illness or infirmity and providing health services,
primarily for inpatients, and including as related facilities,
laboratories, outpatient departments, training facilities and staff
offices, but not including clinics or health-care centers.
HOUSEHOLD PETS. Dogs, cats, rabbits, birds, for family use only
(non-commercial) with cages, pens, and the like.
INDUSTRIAL USE. All permitted, conditional and accessory uses
allowed in the I-1 and I-2 districts.
LOT.
Land occupied or to be occupied by one principal building or use and its
accessory buildings, together with open spaces as are required under the
provisions of this chapter, having not less than the minimum area
required by this chapter for a building site in the district in which
the LOT is situated and having its principal frontage on a
street, or a proposed street approved by the Council.
LOT
AREA. The area of a horizontal plane within the lot lines.
LOT,
CORNER. A lot abutting on two intersecting or intercepting
streets, where the interior angle of intersection or interception does
not exceed 135 degrees.
LOT
DEPTH. The mean horizontal distance measured between the front
and rear lot lines.
LOT
FRONTAGE. In the case of an interior lot, the front of a lot
shall be that boundary abutting a public right-of-way; in the case of a
corner lot, the front of a lot shall be that boundary having the least
frontage on a public right-of-way.
LOT, INTERIOR.
A lot other than a corner lot.
LOT,
IRREGULAR. A lot whose opposing property lines are generally
not parallel, such as a pie-shaped lot on a cul-de-sac, or where the
side property lines are not parallel to each other.
LOT
LINE. A property boundary line of any lot held in single or
separated ownership, except that where any portion of the lot extends
into the abutting street or alley right-of-way.
LOT OF
RECORD.
A parcel of land, whether subdivided or otherwise legally described of
record as of the effective date of this chapter, or approved by the city
as a lot subsequent to the date and which is occupied by or intended for
occupancy by one principal building or principal use together with any
accessory buildings and such open spaces as required by this chapter and
having its principal frontage on a street, or a proposed street approved
by the Council.
LOT,
THROUGH. A lot fronting on two parallel streets.
LOT,
REAR. A lot line opposite and most distant from the front lot
line and, in the case of a triangular or gore-shaped lot, a line ten
feet in length within the lot, parallel to and at a maximum distance
from the front lot line.
LOT
WIDTH. The mean horizontal distance between the side lot lines
measured at right angles to the lot depth.
MANUFACTURED HOME. A dwelling as defined by M.S. § 327.31, subd.
6, as it may be amended from time to time, and which is constructed in
compliance with the Manufactured Home Building Code established by M.S.
§§ 327.312 and 327.32, as they may be amended from time to time.
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