CHAPTER 152: ZONING CODE Section
General Provisions
152.001 Statutory Authorization and Title ……….……2
152.002 Definitions ……….……2 152.003 Jurisdiction…….……….7 152.004 Compliance required ……….…...7 152.005 Enforcement……….. ……….………...7 152.006 Interpretation……….……….………...……...8 152.007 Severability………....………...8
152.008 Abrogation and Greater Restrictions………..……. 8
152.009 Owner Liable……….……….8
Districts and Areas; Uses 152.015 Districts and areas established ……….…8
152.016 Zoning map ………...9
152.017 District and area amendments ……….…9
152.018 Future annexation ………....9
152.019 Uses in Commercial District ………...……….9
152.020 Uses in Residential District ………...…………....9
152.021 General Requirements ………...…………10
152.022 Nonconforming uses ……….…12
152.023 Abandonment ………...12
152.024 Lot Area and Width Requirement ………...………12
152.025 Yards ……….13
152.026 Parking ………..……..14
152.029 Earth-Sheltered Buildings ………...……….…..15
152.030 Manufactured home ………..………..15
152.031 Manufactured homes outside manufactured-home parks ………..… 15
152.032 Manufactured-home parks and recreational camping areas…….………..………16
Administration 152.060 Administrator ……….…………...16
152.061 Permits ………..………..16
152.062 Board of Zoning Adjustment ………..………..17
152.063 Variances……….………..…………...18 152.064 Conditional Uses……….….19 152.066 Decision ………..…..21 152.067 Recording of decision ………..……..21 152.068 Judicial review ………....21 152.069 Amendment ………..………..21 152.070 Giving of notice ………....22
152.071 Violation; actions by city ……….22
152.999 Penalty ………..………..22
Appendix A – Twin Homes ………..…23
Appendix C – Adult Entertainment Establishments ………...….27
Appendix D – Bed and Breakfast Homes ………..34
Appendix E – Wind Energy Conversion Systems ………..…35
Appendix F – Wireless Communications Facilities ………37 GENERAL PROVISIONS
§ 152.001 TITLE.
This chapter is adopted pursuant to the planning and zoning enabling legislation in M.S. Chapter 462, as it may be amended from time to time. These zoning regulations, including any amendments of them, may be cited as the “Battle Lake Zoning Code.” (‘87 Code, § 9.201)
The purpose of this ordinance is to regulate the use of structures, lands, waters, lot coverage, population density and the size and location of all structures in accordance with Battle Lake’s Comprehensive Plan so as to lessen street congestion, secure safety from fire, flood and other dangers, to promote health and general welfare, to provide adequate light and air, to prevent overcrowding of land, to facilitate adequate provision of transportation, water, sewer services, schools, parks and other public requirements, to preserve the character of the area or neighborhood, to conserve the value of buildings and to encourage the most appropriate use of land throughout the City of Battle Lake, Minnesota.
§ 152.002 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words MUST and SHALL are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.
ACCESSORY STRUCTURE or ACCESSORY FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at greater than normal structure setbacks.
ADULT. As used in this Chapter refers to person who have attained the age of 18 years.
ALLEY. A way, other than a street, which affords only a secondary means of access to abutting property. BED AND BREAKFAST. An owner-occupied single family residence at which lodging and meals are provided to registered guests. The Bed and Breakfast facility shall comply with all the applicable State, County and Local regulations for providing food and lodging.
BOARD OF ZONING ADJUSTMENT. The Zoning Board of Adjustment for the City of Battle Lake, Minnesota.
BUILDING LINE. A line parallel to a lot line or the ordinary high-water level at the required setback beyond which a structure may not extend.
CHILD CARE FACILITY. A state and county licensed private establishment, which for gain or otherwise, regularly provides one or more children with care, training, supervision, rehabilitation or developmental guidance in a dwelling. (All child care facilities shall be licensed under the State of Minnesota Public Welfare Licensing Act.)
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
COMPREHENSIVE PLAN. A document or series of documents adopted by the City Council, setting forth polices for the future of the City.
CONDITIONAL or SPECIAL USE. A land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the Battle Lake Zoning Code (Chapter 152) exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.
DUPLEX, TRIPLEX and QUAD. Dwelling structures on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.
DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short or long term living quarters for one or more persons, that includes a kitchen, a bathroom and at least one bedroom including, but not limited to, rental or timeshare accommodations such as cottage, house, motel, hotel and resort rooms, cabins, and manufactured homes.
EARTH SHELTERED BUILDING. A building constructed such that more than 50% of the exterior surface area of the building, excluding garages or other accessory buildings, is covered with earth
(partially completed buildings shall not be considered earth sheltered) GLARE. The brightness of a light source which causes eye discomfort.
GRADING/FILLING (LOT ALTERATION). Any change of the natural topography of land, except for normal agricultural purposes.
GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not limited to, decks, rooftops, sidewalks, patios, permeable pavers, storage areas, and concrete, asphalt or gravel driveways.
INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
INTERIM USE PERMIT. The purpose and intent of allowing interim uses: To allow use for a brief period of time until a permanent location is obtained or while the permanent location is under construction; to allow use that is presently judged acceptable by the City, but that, with anticipated development or redevelopment, will not be acceptable in the future; and to allow a use that otherwise may not be allowed under the zoning regulations but because of its temporary nature may be acceptable.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.
LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.
MANUFACTURED HOME. A structure, transportable in 1 or more sections, which in the traveling mode, is 8 ½ body ft. or more in width or 40 body ft. or more in permanent chassis and designed to be used as a dwelling with or without a permanent foundation. (This includes “park models” that meet this definition). MANUFACTURED HOME PARK. Shall mean any area whether charging a fee or free of charge on privately or publicly owned land used on a daily, nightly, weekly or longer basis for the accommodation of two or more manufactured homes or recreation units.
NONCONFORMITY. Any legal use, structure or parcel of land already in existence, recorded, or
authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written if the official controls had been in effect prior to the date it was established, recorded or authorized including but not limited to setbacks, impervious surface, lot size and use of land according to State Statue 462.357 subd. 1e
OPEN SPACE. Any space or area preserved in its natural state and specifically not used for parking, structures and roads.
PARKING SPACE. An off-street area for motor vehicles not less than 10 feet x 20 feet in area, having access to a public street or alley, or private driveway. In determining the gross area required for a specified number of off-street parking places, including driveways and aisles, 300 square feet per space shall be used. PERMANENT SWIMMING POOL Any swimming pool that remains on the premise on a year-round basis. PLANNED UNIT DEVELOPMENT (PUD). A type of development characterized by a unified site design
for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, timeshare condominiums, cooperatives, full-fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board duly authorized to furnish under governmental regulations to the public, electricity, gas, steam, water, sewage disposal, or communication facilities.
RECREATIONAL CAMPING AREA: Any area, whether privately or publicly owned, used on a daily, weekly, nightly or longer basis for the accommodation of two or more recreational camping units.
RECREATIONAL CAMPING UNIT (RCU). A relocatable single-family dwelling unit, less than 40 ft. in length, which in the traveling mode, is less than 8 ½ body ft. in width, and is less than 399 square feet when erected onsite, including, but not limited to tents, motor homes and travel trailers.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
SETBACK. The required distance between every structure and the lot line of the lot on which it is located or road rights-of-way.
SEWAGE-TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage-treatment system as described and regulated in § 150.042.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SIGN. Any identification, description, illustration or device illuminated or non-illuminated visible from any public place or located on private property and exposed to the public that directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays and national flags. For the purpose of this Chapter, signs shall also include all sign structures.
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility for the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A historic site meets these criteria if it is presently listed on either
register or if it is determined to meet the qualifications for listing after review by the Minnesota State
Archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.
SINGLE FAMILY RESIDENCE. A dwelling unit used by members of 1 immediate family, including normal appurtenances such as a garage. adult and child foster homes and daycare programs are permitted single family residential use of property as provided in MN Statutes 246A.11 and 245A.14.
STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
STREET. Any public or private thoroughfare or way other than a public alley, dedicated to the use of the public and open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court or any other similar designation.
STRUCTURE. Any building or appurtenance, including but not limited to, vision obstructing fences, decks, permanent swimming pools, satellite dishes in excess of 1 meter in diameter and towers (except for public utilities).
STRING-LINE TEST. A method of establishing a structure setback line by using the closest adjacent points of existing structures to a proposed structure of like use, on the two immediately adjacent lots. Or within certain feet from the structure? In the event that there is no structure of like use on one of the immediately adjacent lots, the point of the building line at the nearest lot line setback shall be used.
SUBDIVISION. Land that is divided for the purpose of sale, rent, or lease, including planned unit development.
TOWER. Framework or structure exceeding 35 feet in height including any wind generating tower,
telephone communications towers and any structure required by any other regulations to have warning lights. TWIN HOME. A two family dwelling with the party wall (constructed to meet fire ratings and sound
transmission control ratings) acting as the dividing lot line for each separate (and equal as is reasonably possible) parcel of record (sub-division by issuance of Conditional Use Permit).
VARIANCE. Has the same meaning as defined or described in M.S. Chapter 462, as it may be amended from time to time.
WETLAND. Any land as defined in MN Statutes, Section 103G.005 Subd. 19. These lands are transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands must have the following three attributes: (1) have a predominance of hydric soils; (2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for lien in saturated soil conditions; and (3) under normal circumstances support a prevalence of such vegetation
WIND ENERGY CONVERSION SYSTEM. Any device that converts wind power to a usable form of energy, such as electricity or mechanical energy (also referred to by such common names as wind charger, wind turbine and windmill).
YARD. The area between any lot line and the nearest wall of any structure built upon the lot.
ZONING OFFICER. The local official responsible for administration and implementation of the zoning regulations of the City of Battle Lake, Minnesota or his/her authorized representative.
ZONING PERMIT. Document issued by the Zoning Administrator authorizing building, structures, or uses consistent with the terms of the zoning code and for the purpose of carrying out and enforcing its provisions. § 152.003 JURISDICTION.
The provisions of this chapter shall apply to the entire City including the shoreline management area. However, when the requirements of any other ordinance of the City, such as Chapter 150 Shoreland Management Regulations, are more stringent or restrictive than the requirements set forth herein, nothing herein shall be constructed to waive compliance with the provisions of such other ordinance.
§ 152.004 COMPLIANCE REQUIRED.
It shall be the duty of all property owners, architects, contractors, builders, and other persons having charge of the erecting, altering, changing, or replacing any building or structure, before beginning or
undertaking any such work, to see that such work does not conflict with and is not a violation of the terms of this Chapter; and any such property owner, architect, builder, contractor, or other person doing or
performing any such work of erecting, repairing, altering, changing, or replacing and in violation of, or in conflict with the terms of this Chapter, shall be deemed guilty of a violation hereof in the manner and to the same extent as the owner of the premises or the persons for whom such buildings are erected, repaired, altered, changed, or replaced in violation hereof and shall be held accountable for such violation. § 152.005 ENFORCEMENT.
The City Zoning Officer is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants and variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to § 152.061.
Administrative citations may also be issued when appropriate. Each 24 hour day that a violation continues shall constitute a separate offense.
The City Council shall appoint a Zoning Officer who shall enforce this Chapter and perform the following duties:
1. Receive zoning and other permit applications and make and maintain records as required.
2. Conduct inspections of plans as they relate to the Zoning and Subdivision Ordinances and use of land to determine compliance with the terms of this Chapter.
3. Work with the City Administrative Staff to ensure that the appropriate documents are filed with the County Recorder or other officials as required by law.
4. Serve as an ex-officio non-voting member of the Planning Commission and Board of Adjustments. 5. Examine all applications for Zoning Permits required and find that all proposed uses comply with the provisions of this Chapter prior to issuance. Any permit or license issued in conflict with the provisions
of this Chapter shall be null and void and of no effect whatsoever.
6. If the Zoning Officer shall find that any of the provisions of this Chapter are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of the illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action
authorized by this Chapter to ensure compliance with or to prevent violation if its provisions. § 152.006 INTERPRETATION.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
§ 152.007 SEVERABILITY.
If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
§ 152.008 ABROGATION AND GREATER RESTRICTIONS.
It is not intended for this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
§ 152.009 OWNER LIABLE.
In addition to any other person or persons involved in violation or threatened violation of this chapter, the owner of record of any property falling under the jurisdiction of this chapter shall be responsible both criminally and civilly for any construction, alteration, excavation, or any other activity occurring upon his or her property which is contrary to the provisions of this chapter.
DISTRICTS AND AREAS; USES § 152.015 DISTRICTS AND AREAS ESTABLISHED.
Criteria for designation. The land use districts below, and the delineation of a land use district’s boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan
For the purposes of this chapter, the following districts and special areas are hereby established: A. Residential District (R); and
B. Commercial District (C).
Land use district descriptions. The land use districts provided in the table below, and the allowable land uses therein shall be properly delineated on the Official Zoning Map for this community.
§ 152.016 ZONING MAP.
The location and boundaries of the special areas shall be as hereinafter set forth. The location and boundaries of the districts shall be as set forth in a map entitled “Battle Lake Zoning Map.” The map, with all notations, references and data shown upon it, is hereby incorporated into this chapter by reference. The
Clerk-Treasurer shall keep the zoning map on file with the ordinance enacting this chapter, and shall preserve the map against any alteration of any kind. (‘87 Code, § 9.205)
§ 152.017 DISTRICT AND AREA AMENDMENTS.
The location and boundaries of the districts and special areas may be amended by ordinance adopted in the same manner as any other ordinance amending this chapter. (‘87 Code, § 9.206)
§ 152.018 FUTURE ANNEXATION.
Unless previously zoned, territory annexed to the City subsequent to the effective date of such annexation shall become a part of the Residential District unless requested and approved otherwise. If property is zoned prior to annexation, that zoning designation shall remain in place until duly placed in another district in accordance with the goals, policies and objectives of the comprehensive land use plan. The Planning Commission shall recommend to the City Council at the time of annexation or within a period of one year from the date of annexation on a final zoning designation for annexed territory.
§ 152.019 USES IN COMMERCIAL DISTRICT.
A. Permitted uses in the Commercial District shall consist of all uses of a commercial nature, such as retail, light industrial, repair or storage of material, goods or products, wholesale, service, office, combination apartment/commercial use, financial, recreational, professional and lodging and such other as are defined below as light industrial.
B. LIGHT INDUSTRIAL means the assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the building or lot where the assembly, fabrication or processing takes place, where the processes are housed entirely within a building, or where the outdoor storage of goods and materials used does not exceed 25% of the floor area of all buildings on the lot.
§ 152.020 USES IN RESIDENTIAL DISTRICT.
Permitted uses in the Residential District shall include single-family and multiple-family dwellings, apartment buildings, churches and related buildings, parks, playgrounds, schools, child care facilities, offices of members of recognized professions, hospitals, clinics and other uses normal and incidental to a residential area. An occupation may be carried on in the Residential District, provided that the occupation is not of an industrial nature as heretofore defined, the occupation is carried on in the main dwelling in a space not exceeding 25% of its floor area, and no sales display is visible from the street. Signage shall be permitted in accordance with Chapter 155.
TABLE OF LAND USE DISTRICTS Residential District- Uses
Single, duplex, triplex, quad residential P
Twin homes Pursuant to Appendix A
Planned Unit Development C (see Appendix B)
Parks and historic sites C
Public, semipublic C
Agricultural: cropland P
Towers N
Commercial District – Uses
Commercial/light industrial P
Single, duplex, triplex, quad residential C
Twin homes C
Planned Unit Development C (see Appendix B)
Parks and historic sites C
Public, semipublic C
Adult entertainment establishments Pursuant to Appendix C
Towers C
P - Permitted use C - Conditional use N – Not Permitted
152.021 GENERAL REQUIREMENTS
The following requirements shall apply equally to all districts except where otherwise stated or where special provisions provide otherwise.
Subdivision 1. Bulk regulations for Residential Districts.
A. The principal structure shall have a floor area of not less than 768 square feet and the minimum dimension of the main body of the dwelling unit shall not be less than 20 feet.
B. Manufactured homes shall be located and installed according to the same standards, including but not limited to, a permanent foundation system, Permanent foundations means the home cannot be removed and placed somewhere else and affixes the home to the property permanently. Permanent foundations must meet the requirements for a home to be seen as “real property.” Set-backs and minimum square footage which would apply to a site built, single family dwelling on the same lot.
C. Maximum Building Height. Any principal building within 200 feet of a residential zoning district, shall have a maximum height of 55 feet or less. Single family residence shall have a maximum
height of 35 feet and all accessory structures shall have a maximum height of 25 feet or less. Subdivision 2. Accessory Buildings.
A. In any zoning district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building, but may be erected simultaneously unless owner has received an Interim Use Permit.
B. An accessory building including carports attached to the principal building, on a lot, shall be made structurally a part thereof and shall comply in all respects with the requirements of this Chapter applicable to the principal building. A breezeway, for the purpose of this Chapter, is an attachment between the garage or carport and the principal building and shall be considered a part of the principal building.
C. All detached accessory buildings or structures shall have a minimum of ten feet of separation between building eaves and walls of accessory buildings or the accessory buildings and the principal building located on the same lot as the accessory building or structure. Unenclosed porches and decks shall be considered as part of the principal or accessory building(s), and shall be required to meet the minimum requirements of this Section. Such accessory buildings or structures shall be located in the buildable area. All storage sheds or buildings shall be
permanently anchored to the ground, including all buildings less than 120 square feet in size. Subdivision 3. Structures, Not Included in Height of Building. Chimneys, elevator bulkheads, drive-in movie theater screens, stacks, water towers, pumpdrive-ing towers, monuments, cupolas, steeples, radio or television towers, solar collectors, wind energy conversion systems, and mechanical apparentness pertaining to, and necessary to the permitted use of the district in which they are located shall not be included in calculating the height of the principal structure.
Subdivision 4. Special Requirements.
A. Emissions of noise, vibration, dust, smoke or other particulate matter, toxic materials, odor or glare shall not exceed the standard set by the Minnesota Pollution Control Agency (MPCA). Storage or sale of gas, fuel or oil shall comply with and be approved by the Chief of the Fire Department. B. Storage of Materials.
1. Open storage of junk, wrecked vehicles to be dismantled, or other salvage materials shall be enclosed by an eight foot permanent fence or combination of fence and other structures that entirely blocks the view of the storage area from the public and adjacent property owners. 2. Waste materials incidental to the principal operation shall be kept in neatly stored containers
screened from public view and at least 25 feet from all interior lot lines. The waste
materials shall be removed and disposed of in a manner adequate to meet Otter Tail County Health Department regulations and applicable Minnesota State or federal regulations. Subdivision 5. Topographic Alterations and Stormwater Management. Topographic alterations and stormwater management issues are addressed in Chapter 153.
152.022 Nonconforming Uses as Defined under MN Statues 462.357 subd. 1e., Lot, and Structure. A. Where the districts established by this zoning ordinance contain structures, lots and uses of land and
amended, but which are prohibited under this Chapter, it is the intent of this Chapter to permit these nonconformities to continue including through repair, replacement, restoration, maintenance or improvement but not including expansion, unless:
1. The nonconformity is discontinued for a period of more than one year; or
2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no permit has been applied for within 180 days of when the property is damaged.
In this case, reasonable conditions may be imposed upon a zoning permit in order to mitigate any newly created impact on adjacent property.
B. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. § 152.023 ABANDONMENT.
If any use or structure authorized by this chapter is abandoned, or by lack of use or neglect is permitted to become offensive or unsightly, either on public or private property, it shall be restored to its original condition by the owner or removed pursuant to order of the Council if found to be detrimental to the public health, safety or welfare, and the costs of such restoration or removal shall be borne by the owner of the property, and may be assessed against the property if removed by the city. Non-use for a period of 12 months shall be presumptive evidence of abandonment, subject to rebuttal by competent evidence. (‘87 Code, § 9.220) Penalty, see § 152.999
§ 152.024 LOT AREA AND WIDTH STANDARDS.
The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the publication of this ordinance are the following:
Area Width
Single 10,000 75
Duplex 17,500 135
Triplex 25,000 190
Quad 32,500 245
Residential subdivisions with dwelling unit densities exceeding those in the above tables can only be allowed if designed and approved as residential Planned Unit Developments under Appendix B of this Chapter.
A. Multiple-family dwellings. Multiple-family dwellings require a conditional-use permit.
B. Commercial and industrial buildings. Such requirements as may be approved by the Council after submission of plat plan and/or plan of structure.
1) The City Council will take the following into consideration :
a. Will the use create an unreasonably excessive burden on existing stormwater management, streets snow removal or utilities?
b. Is the request in any way incompatible with surrounding areas?
c. Will the intended use have an appearance that unreasonably, adversely affect nearby properties?
d. Will the intended use create an unreasonably adverse effect because of noise, odor, glare or general unsightliness for nearby property owners?
e. Is the intended use consistent with Battle Lake Land Use Ordinances and Comprehensive Plan? f. Will the use create environmental concerns?
g. In considering the setbacks: will the request cause issues with visibility or other concerns? h. Impervious surface calculations must be under 25% in Shoreland Management and 40%
outside of the Shoreland Management area.
i. Parcel dimensions, proposed building dimensions; requested setback; current and proposed easements; existing zoning setbacks on adjacent parcels; landscape and stormwater
management plan; building opening location; driveway and sidewalk locations; location of public infrastructure; parking; lighting, fencing; and sign location.
j. Will there be any special conditions?
C. Minimum width. The minimum width of any single-family structure shall be 20 feet. D. The following structure setbacks apply in residential districts:
Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks (string-line). Structures shall be located as follows:
§ 152.025 YARDS. The following shall not be considered as encroachments on yard setback requirements:
A. Chimneys, flues, leaders, sills, plasters, lintels, ornamental features, cornices, eaves, gutters, and the like provided they do not project more than two feet into a yard.
B. Steps, stoops, fire escapes, or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from any lot line. C. In rear yards: recreational and laundry drying equipment, arbors and trellises, and air conditioning or
heating equipment, provided they are at a distance of five feet from the rear lot line. § 152.026 PARKING.
No structure shall be erected on any lot or tract in the city unless off-street parking is provided according to the terms of this section.
Setback from Setback (in feet)
Right-of-way line of town road, public street, or other roads or streets not classified
30
Rear yard with alley 20
Interior side yard or rear yard without alley 10
A. An off-street parking area shall be located on the property. It shall provide not less than 200 square feet for maneuvering and parking for each parking space.
B. For each use listed, not less than the following number of parking spaces shall be provided: (1) Residences and apartments Two parking spaces per dwelling unit
(2) Churches One parking space for each 4 seats
(3) Clinics 1 for each doctor, and 1 for each 2 employees, plus 5 patient spaces
(4) Commercial/light industrial As required by Council (5) Industrial As required by Council (6) Schools: Elementary
Secondary
One parking space for each 2 employees
One parking space for each 2 employees, and one parking space for each 10 students
(7) Public halls and meeting
places (no fixed seating) As required by Council (8) Recreational facilities As required by Council (9) Service Stations and Car
Repair establishments Five parking spaces per stall or repair bay (10) Board/Rooming House
Hotels and Motels One parking space for each living unit. One parking space per guest room and one parking space per employee during the largest work shift.
(11) Restaurants (eating and drinking establishments)
One parking space for every four seats and one parking space for every two employees.
C. Parking requirements in commercial and industrial areas may be met by the availability of public or private parking lots in the general area. (‘87 Code, § 9.222) Penalty, see § 152.999
It shall be the responsibility of the owner of the principal use, or of the property, to insure that the parking area is maintained in a safe condition.
When calculations for required parking spaces result in a requirement of a fractional space, any fraction of less than one-half shall be disregarded, and fractions of one-half or more shall require one additional parking space.
Artificial lighting which shall be provided shall not shine directly onto adjoining dwellings or other types of living units, and shall not be directed towards the public use of a street.
Parking areas, aisles and turnaround areas shall be constructed of gravel, paved with concrete, asphalt or comparable surfacing on all commercial and residential uses requiring six or more parking spaces within
one year of the date of initiation of construction on any portion of the lot, or any approved structure. Buffers or screening shall be required for all parking areas used by commercial or light industrial uses that are adjacent to or abutting a residential district.
152.29 EARTH-SHELTERED BUILDINGS
A. Purpose. Earth-sheltered buildings located either below the existing average ground level on a sloping lot or above the existing average ground level prior to construction and covered over 50% of the building by earth, create different development opportunities and challenges on a site-by-site basis. Due to major differences between above-grade housing and earth-sheltered buildings, the potential for soil erosion and slope failure and increased storm water runoff from the development site,
development of earth-sheltered building shall be reviewed on a site-by-site basis and be required to comply with the following standards.
B. Minimum Requirements.
1. A landscaping plan shall be required. The purpose of landscaping shall be to insure
maximum compatibility with adjacent above-ground housing and to insure that no soil erosion occurs following the completion of the building. The landscaping plan shall be a part of the zoning permit application. No zoning permit shall be issued until a landscaping plan is submitted and approved, or approved with conditions.
2. Following the completion of all construction activities, soil erosion shall not occur. All soil surface laid bare during construction shall be promptly seeded and mulched to prevent erosion. Additional methods of erosion control may be required where it is found that seeding and mulching will not be sufficient. Where construction is completed at some time other than during the growing season, the property owner shall protect against soil erosion by appropriate means and shall seed all unvegetated ground at the beginning of the next growing season. 3. Where earth-sheltered buildings are developed on a naturally occurring sloped site, the
applicant shall evaluate the potential for slope failure. Earth-sheltered buildings located on sloping sites shall not be the cause of slope failure.
4. Storm water runoff shall be controlled on-site by proper grading, landscaping and permanent soil cover.
5. Earth-sheltered buildings shall be required to meet all minimum setback requirements of the zoning district in which located.
§ 152.030 MANUFACTURED HOMES.
A manufactured home shall be as defined by M.S. § 327.31, subd. 6, as it may be amended from time to time, and shall be constructed in compliance with the Manufactured Home Building Code established by M.S. §§ 327.31 and 327.32, as it may be amended from time to time.
§ 152.031 MANUFACTURED HOMES OUTSIDE MANUFACTURED-HOME PARKS.
A manufactured home which meets the width requirements of a single-family dwelling established in § 152.024 may be located outside a manufactured home park in the Residential District (R) of the city if the home is placed upon a permanent foundation which hides any wheels or undercarriage otherwise visible (use of skirting will not be allowed) and the home shall be subject to the lot size, setback, yard
requirements and any square footage requirements for a single-family dwelling. Permanent foundations means the home cannot be removed and placed somewhere else and affixes the home to the property
permanently. Permanent foundations must meet the requirements for a home to be seen as “real property.” A person wishing to locate a manufactured home outside a manufactured home park must obtain a permit as provided by § 152.061.
§ 152.032 MANUFACTURED-HOME PARKS AND RECREATIONAL CAMPING AREAS. No person shall locate or operate any manufactured-home park or any recreational camping area within the city unless it is duly licensed and meets and is operated in compliance with all requirements of law, of administrative regulation, and of ordinances of the city. A conditional-use permit is required for the location of manufactured home parks and recreational camping areas. All manufactured home parks and recreational camping areas shall comply with the applicable State of Minnesota laws and Minnesota Health Department regulations.
(‘87 Code, § 9.218) Penalty, see § 152.999
(1) Use of RCU’s The use of RCU’s are allow with the following provisions: (a) A lot without a dwelling may contain one (1) RCU provided
i. the lot meets minimum requirements for size and all requirements of this ordinance for structures are met
ii. there are no water or sewer connections.
iii. The RCU cannot be used as a permanent dwelling. iv. No RCU may be skirted or permanently placed.
v. An RCU may be allowed in conjunction with a Land Use permit for a permanent structure for a maximum of 12 months during the construction period.
vi. A permit is required.
(b) A lot containing one dwelling may contain one (1) RCU for use, not to exceed ten (10) days within any sixty (60) day period.
(2) Storage of an RCU - Storage of one RCU on a residential lot will be allowed provided: i. It is not located in the right-of-way and is placed solely on the owner’s property. ii. It will not impede City services or obstruct traffic visibility.
iii. It can only be used for storage and not for use and cannot be hooked up to City utility services.
ADMINISTRATION § 152.060 ADMINISTRATOR.
This chapter shall be administered and enforced by the Clerk-Treasurer and the City Zoning Officer,
under the direction of the Council. (‘87 Code, § 9.229)
§ 152.061 PERMITS.
Before any structure, including a portable storage shed, is erected, altered or moved, or a manufactured home is placed on any lot outside of a manufactured home park, a permit shall be obtained from the Clerk-Treasurer. Permits are required for additions, new structures, storage buildings, any alteration that will change the height and/or footprint of the structure including demolition and for any structure that will be moved onto the property. The provisions of this chapter shall be complied with before a permit may be issued. Permits will not be required for maintenance or updates to a building such as siding, roofing, remodeling interior, replacing decks, replacing steps, replacing windows, etc. Maintenance is considered any change within the current size of the structure including replacement of the structure. Permits will be
The Council shall, by ordinance, establish a permit fee A permit shall not be issued until the City Zoning Officer is satisfied that all of the provisions of the Zoning Code will be followed by the person requesting the permit. The City Zoning Officer shall not issue a permit to any person who is required to be a licensed residential contractor under the provisions of M.S. § 326.921, as it may be amended from time to time, unless the person has a license. The City Zoning Officer shall report an unlicensed person applying for the permit to the state Commissioner of Commerce. Penalty, see § 152.999 All applications for zoning permits shall be submitted to the Zoning Officer on a Zoning Permit
application form, along with any additional information reasonably requested by the Zoning Officer. Following review of the application, the Zoning Officer shall determine whether it is complete prior to making a site visit. Should the application indicate a need for a variance or conditional use permit, the Zoning Officer will follow the appropriate procedures set out in this Chapter. If the Zoning Officer determines the permit request is compliant with all sections of this ordinance, he or she shall authorize issuance of the permit by signing the application form as indicated. The Clerk-Treasurer or Zoning Officer shall issue said permit within 10 days upon receipt of the zoning permit fee set by the City Council by ordinance.
§ 152.062 BOARD OF ZONING ADJUSTMENT.
A. In accordance with the requirements of law for a Board of Zoning Adjustment and the authority granted by law for the Council to serve in that capacity, the Council shall constitute a Board of Zoning Adjustment. (‘87 Code, § 9.231)
B. 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. Such appeal may be made by any person, firm, corporation aggrieved or by any officer, department, or Commission of the City. The Board of Adjustment shall decide the same within a reasonable time.
C. Such appeal shall be filed with the Board of Adjustment through the Zoning Officer in writing accompanied by reasons and supporting facts. Within a reasonable time after receipt by the Zoning Officer of filing of a request for an appeal from an administrative order or determination, the Planning Commission shall review the appeal and report to the Board of Zoning Adjustment. D. The Board of Adjustment shall hold a public hearing on the appeal and shall hear such persons as
wish to be heard, either in person or by agent or attorney. Notice of such hearing shall be mailed to the person or persons who filed the appeal or request. The Board of Adjustment may, so long as such action is in conformity with the terms of the Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Officer from whom the appeal was taken and may issue or direct the issuance of a permit. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in the
application of this Chapter. The reason for the Board’s decision shall be stated in written findings. Any aggrieved person shall have the right to appeal to the district court for Otter Tail County.
E. The Board of Adjustment shall have power to vary or adapt the strict application of any of the requirements of this Chapter in the case of exceptionally irregular, narrow or shallow lots, or other exceptional physical conditions, whereby such strict application would result in practical that would deprive the owner of the reasonable use of the land or, building involved, but in no other cases except as specifically described in Subsection 152.063 (Variances)
§ 152.063 Variances.
A. Criteria for granting variances may only be in accordance with M.S Chapter 462, as it may be amended from time to time, as applicable. A variance to the provision of the zoning ordinance may be issued to provide relief to the landowner in those zones where the Chapter imposes. A landowner must meet the following requirements in order to be granted a variance:
1. Reasonableness – the property owner wants to use the property is a reasonable way but cannot do so under the requirements of this ordinance.
2. Unique Circumstances – the difficulty is created by unique circumstances of the property. 3. Essential Character – if granted, the variance will not alter the essential character of the
locality.
4. If granted, the variance is in harmony with the general purpose of this ordinance and is consistent with the comprehensive plan.
B. Procedure. The person applying for a variance shall fill out and submit to the Zoning Officer a completed variance application form, any additional information reasonably requested by the Planning Commission or the Zoning Officer and a fee to be set by the City Council by ordinance. If the work will not be completed in one year, the applicant shall submit a time schedule for completion of the work. The Zoning Officer shall determine if the application is complete prior to referring the application to the Planning Commission along with a staff report. The Planning Commission shall review the application; make findings of fact and recommendations. The Commission’s recommendation shall be presented to the Council, acting in its capacity as the Board of Adjustment.
C. The Board of Adjustment shall hold a public hearing on the proposal after notification of the date, time and place of the hearing is published in the city’s official newspaper at least ten days before the hearing. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail. The petitioner or his representative shall appear before the Board of Adjustment in order to answer questions concerning the proposed variance. The Board of Adjustment shall make findings of fact and approve or deny a request for a variance within 60 days after receipt of the complete
application. A variance of this Chapter shall be made by simple majority vote. If it grants the variance, the City Council, acting in its capacity as the Board of Adjustment, may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate. No variance shall be granted which would allow any use that is prohibited in the zoning district in which the subject property is located.
§ 152.064 Conditional Uses.
be, or could become, incompatible under certain conditions with adjacent uses or generally with other uses within the applicable zoning district. As a result, a public review shall be required before the land may be used for the specified purpose. Review of the proposed site design, and conditions on the use of the property or lot under consideration may be added before approval is granted.
B. Procedure. The applicant shall complete and submit to the Zoning Officer a conditional use permit application form, any additional information reasonably requested by the Planning Commission or the Zoning Officer and a fee to be set by the City Council by ordinance. The Zoning Officer shall determine if the application is complete prior to setting a hearing date and time and referring the application to the Planning Commission. The Board of Adjustments shall hold a public hearing – on the proposal after notification of the date, time and place of the hearing is published in the city’s official newspaper at least ten days before the hearing. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail. The petitioner or his representative shall appear before the Planning Commission in order to answer questions concerning the
proposed conditional use permit. The Commission’s recommendation shall be presented to the Council. The City Council shall make findings of fact and approve or deny a request for a conditional use permit within 60 days after receipt of the complete application. If it grants the permit, the City Council impose conditions it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate. C. Requirements. An accurate property description and a site design plan showing existing or
proposed buildings, streets, access parking spaces, signs, and landscaping screening plans shall be required to be submitted along with the application form.
D. Standards. The Planning Commission shall recommend a conditional use permit and the City Council order the issuance of such permit only if it finds that such use at the proposed location:
a. Will be harmonious with the comprehensive plan of the City and this Chapter; b. Will be designed, constructed, operated, and maintained so as to be harmonious and
appropriate in appearance with the existing or intended character of the surrounding area and will not change the essential character of that area;
c. Will not be hazardous, unhealthy or unsafe to existing or future neighboring uses;
d. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools;
e. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
f. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of or offensive traffic, noise, smoke, fumes, dust, glare, vibrations, odors or other pollutants;
g. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares;
h. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
parking, and compatible with existing natural topography, natural water courses, vegetation, exposure to sunlight and wind, and views.
E. Conditions. In recommending or approving any conditional use permit, the Planning and Zoning Commission and the City Council may impose conditions which it considers necessary to meet the standards of this Chapter and to protect the best interests of the surrounding area or the City as a whole. Such conditions as are imposed shall bind any successors and shall not be affected by any subsequent transfer of ownership. Violation of any such condition is a violation of this Chapter. These conditions may include but are not limited to the following:
a. Ingress and egress modifications to the property and proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe;
b. Changes to off-street parking and loading areas where required with particular attention to the related noise, glare, or odor effects on nearby property;
c. Changes to refuse and service with particular attention to ingress and egress;
d. Modification in utility plans with reference to location, availability, and compatibility; e. The addition of fencing, screening, landscaping or other facilities to protect or buffer
abutting or adjacent property;
f. Modification to proposed signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the district; g. Changes in required yards and other open space;
h. Controls on the hours of operation of all or portions of a particular use.
F. Change in Use Permit. Application for changes in the conditions or site design plan of an approved conditional use permit shall be required. The City Council may approve, disapprove or approve with conditions, the application. Approval of the changes by the City Council shall be granted before on-site changes or developments are permitted. A public hearing before the City Council shall be held where a public hearing was required for approval of the original proposal and application. Changes in the approved site plan, submitted as part of the conditional use permit application, involving minor changes in 1) the location and alignment of buildings not to exceed ten feet and that meet all other ordinance requirements, 2) other minor revisions in the shape of structures and still meeting all other ordinance requirements, 3) or adding accessory structures not exceeding 5% of the total floor area of all structures on the property and meeting all other ordinance requirements, may be authorized by the Zoning Officer for good cause shown. The Zoning Officer, however, may refer such proposed changes to the site plan to the Planning Commission for review if the proposed changes do not appear to fit clearly into one of the above three options, or where proposed changes appear to change or compromise conditions placed on the applicant at the time of approval of the conditional use and site plan by the City Council.
G. Denial of Noncompliance. If the Planning Commission recommends denial of a conditional use permit, or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this Chapter.
§152.065 DECISION.
proceedings upon each application. This shall include the minutes of its meetings, its findings, and the action taken on each application heard by it, including the final order. The Clerk-Treasurer shall serve a certified copy of the order deciding the matter on the applicant by mail. The Clerk-Treasurer shall also serve a copy, either certified or uncertified, of the order upon any other person who has filed with the Clerk-Treasurer a demand for notice of the order. (‘87 Code, § 9.236)
§152.066 RECORDING OF DECISION
If the order grants a conditional-use permit or a variance, the Clerk-Treasurer shall file the certified copy
of the order with (‘87 Code, § 9.237)
§152.067 JUDICIAL REVIEW.
Any person aggrieved by any ordinance or amendment, rule, regulation, decision or order of the Council with respect to this chapter shall have the right provided by law to appeal to a court of competent
jurisdiction. Except to the extent that different procedures may be specified and required by law, the appellant shall file a written notice of the appeal with the Clerk-Treasurer and with the Court
Administrator within 15 days following the mailing of the order appealed, or within 15 days following any other action appealed and by filing with the notice of appeal a bond conditioned to pay the costs of the appeal not to exceed $250 in case judgment is entered in favor of the city. (‘87 Code, § 9.238) §152.068 AMENDMENT.
An amendment to this chapter may be initiated by the Council, by the Planning Commission, or by petition of affected property owners. Any property owner or owners may make written application to the City Zoning Officer for an amendment, stating the proposed amendment in full. An application by affected property owners shall be accompanied by a zoning change fee to be set by the Council by ordinance. An amendment not initiated by the Planning Commission shall be referred to it for study and report and may not be acted upon by the Council until the Council has received the recommendation of the Planning Commission on the proposed amendment or until a reasonable time has elapsed from the date of reference of the amendment without a report by the Planning Commission. No amendment shall be adopted until a public hearing has been held upon it by the Council. The Council shall set a date for hearing on the amendment. The Clerk-Treasurer shall cause notice of the date, time, place and purpose of the hearing to be published in the official newspaper of the city at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed by the Clerk-Treasurer at least ten days before the day of the hearing to each owner of affected property and to each owner of property situated wholly or partly within 350 feet of the property to which the amendment relates. All interested persons shall have an opportunity to be heard at the hearing. After the hearing, the Council may proceed with its consideration of the proposed amendment. The Council may reject the proposed amendment, or it may by ordinance adopt the proposed amendment, with or without change. This chapter may be amended by a majority vote of all of the
members of the Council. The adoption of an amendment which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds
majority vote of all members of the City Council.
(‘87 Code, § 9.240)
§ 152.069 GIVING OF NOTICE.
records, or any other appropriate records to determine the names and addresses of owners. The City Zoning Officer may require, as a part of any application for which mailed notice must be given, that the applicant list the name and address of the affected property owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Clerk-Treasurer and shall be made a part of the records of the proceedings, with a copy of any published notice given. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the
proceedings, provided that a bona fide attempt to give notice has been made. (‘87 Code, § 9.241) § 152.070 VIOLATION
Any building or structure being erected, constructed, reconstructed, altered, repaired or converted, or any building, structure or sign hereafter erected, or land use made or permitted in violation of this
Chapter is hereby declared unlawful. In the event of a violation or threatened violation of this Chapter or other official control adopted under Minn. Stat. §§ 462.351 to 462.364. in addition to other remedies, the Council or their designee may institute proceedings in any court of competent jurisdiction to restrain the action, or it may enforce the requirements of this chapter by mandamus, injunction, or any other
appropriate remedy in any court of competent jurisdiction, or exercise any other remedy not prohibited by law. This shall not limit the right of any resident of the city to institute legal proceedings with respect to the violation or threatened violation.
(‘87 Code, § 9.239) Penalty, see § 152.999
§ 152.999 PENALTY.
Any person, firm, corporation or entity who violates any of the provisions of this Chapter shall, upon conviction, be guilty of a misdemeanor and be shall be given a sentence of not more than 90 days or a fine of not more than $1,000, or both. Administrative citations may also be issued when appropriate. Each 24 hour day that a violation continues shall constitute a separate offense. The imposition of any fine or sentence shall not exempt the offender from compliance with the requirements of this Chapter, and the City may pursue, by appropriate actions or proceedings, any or all additional remedies.
Amended 6/9/2020 - Amended 4/13/2021
________________________________________ Richard Bullard, Mayor
_________________________________________ Attest, Valerie J. Martin, Clerk/Treasurer
City of Battle Lake
CHAPTER 152 ZONING CODE APPENDIX A - TWIN HOMES
A. Lot Area, Lot Width, and Yard Requirements (for each unit) Lot Area: Minimum Lot area 6,500 square feet Lot Width: Minimum Lot width 65’
Front Yard setback: 30 feet
Side Yard setback: Not less than 10 feet
Rear Yard setback: Twenty (20) feet from the public right-of-way or ten (10) feet from the lot line
B. Conditional Uses – Two family dwellings and twin homes may be divided into single parcels of record with the party wall acting as the dividing lot line by issuance of a conditional use permit and subject to the following conditions.
1. Each of the lots created in subdividing lands on which a two family structure is located shall be equal as is reasonably possible and shall be shown on a registered survey.
2. Except for setbacks along the common property line, all other setback and yard requirements shall be met.
3. Separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone, and other utilities.
4. The two family units, either existing or proposed, must be constructed in a side-by-side manner. 5. To protect the safety and property of the owner and occupants of each individual unit, no
existing two family structure may be split into two separate ownerships unless and until the common party wall fire rating is brought up to new construction standards contained in the Uniform Building Code (UBC). Party walls must provide sound transmission control ratings as per the UBC.
6. Uniformity in outside appearance. Siding, roofing need to be made of the same product and same color.
7. Party Walls –
a. Definition – each wall, which is built as a part of the original construction of the living units upon the properties and placed on the dividing line between the lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful act or omissions shall apply thereto.
b. Repairs and Maintenance – The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use of wall.
c. Destruction by Fire and Other Casualty – If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owner thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
C. Subdivision 3. Effective Date
City of Battle Lake
CHAPTER 152 ZONING CODE APPENDIX B – Planned Residential Development
A. TYPES OF PUD’S PERMISSIBLE.
Planned Unit Developments (PUD’s) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in § 152.021 and the Official Zoning Map.
B. PROCESSING OF PUD’S.
Planned Unit Developments must be processed as a conditional use. Approval cannot occur until the environmental review process (EAW/EIS) is considered.
C. APPLICATION FOR PUD’S.
The applicant for a PUD must submit the following documents prior to final action being taken on the application request:
1. A site plan and/or a plat for the project showing locations of property boundaries, existing and proposed structures and other facilities, land alterations, sewage-treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two;
2. A property owners association agreement (for residential PUD’s) with mandatory membership, and all in accordance with the requirements of State Statute 515 (A&B) CIC (Common Interest Communities) Requirements.
3. Deed restrictions, covenants, permanent easements or other instruments that:
a. Properly address future vegetative and topographic alterations, construction of additional buildings and construction of commercial buildings in residential PUD’s; and
b. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in 152.085. These criteria shall also apply in nonshoreland areas.
4. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and
5. Those additional documents as requested by the Planning Commission necessary to explain how the PUD will be designed and will function.
D. SITE “SUITABLE AREA” EVALUATION.
Proposed new PUD’s or expansions to existing PUD’s must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation. The suitable area is determined by excluding any wetlands, bluff areas or any area