West Concord City Code (Zoning)

West Concord City Code (Zoning)500.01

CHAPTER V - ZONING AND LAND USE

SECTION 500 - GENERAL PROVISIONS

500.01. Title. Sections 500 to 525 may be cited and referred to as the "Zoning Ordinance of the City of West Concord, Minnesota" and referred to in this chapter as the "zoning code" or "this code."

500.03. Legislative intent. The general purpose of the zoning code is to carry out the intent of the city's comprehensive municipal plan and land use policies and to promote the public health, safety, order, convenience and general welfare.

500.05. Interpretation of standards. In their interpretation and application, the provisions of this zoning code are minimum requirements. Wherever the zoning code imposes a greater restriction than is imposed or required by other provisions of law or rules or ordinances, the provisions of this code govern.

500.07. Compliance required. Land, buildings, or structures or parts thereof may not be erected, altered, constructed, reconstructed, maintained, used, moved or occupied except in conformity with the provisions of this code.

500.09. Nonconforming uses and structures. Subdivision 1. General rule. Where the districts established by this code contain structures and uses of land and structures that were lawful before the zoning code was enacted, but which would be prohibited by this code, it is the intent of the zoning code to permit these nonconformities to continue until they are removed as provided in this subsection, but not to encourage their survival.

Subd. 2. Nonconforming uses of land. A nonconforming use of land may not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of the zoning code, November 6, 1985. A nonconforming use of land may not continue if it ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 12 consecutive months or for 18 months during any threeyear period. A nonconforming use of land may not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of the provisions of this code.

Subd. 3. Nonconforming uses of structure. A nonconforming use of structure may not extend to any part of the structure which was not manifestly arranged or designed for such use at the time of adoption of the zoning code; and may not be extended to occupy any land outside the structure. The structure may not be enlarged, extended, constructed, reconstructed, moved or structurally altered except for a permitted use.

West Concord City Code (Zoning)500.09, Subd. 4

Subd. 4. Forfeiture by nonuse. A nonconforming use of structure may not continue if it is discontinued for 12 consecutive months or for 18 months during any threeyear period.

Subd. 5. Change in use. If no structural alterations are made, any nonconforming use of structure, or structure and premises in combination, may be changed to another nonconforming use of the same nature, or to a more restricted use, or to a conforming use; provided, however, that change to a more restricted use or to another nonconforming use may be made only if the relation of structure to surrounding property is such that adverse effects on occupants and neighboring property will not be greater than if the original nonconforming use continued and a conditional use permit is secured.

Subd. 6. Repairs and maintenance. On any buildings devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of the effective date of this code may not be increased.

Subd. 7. Nonconforming structure. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a)Enlargement or alteration. A nonconforming structure may not be enlarged or altered in any way that increases its nonconformity.

b)Damage or destruction. If a nonconforming structure is destroyed by any means to an extent of more than 50% of its current replacement cost (including materials and labor) at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. If destroyed to less than 50% of its replacement costs the restoration must begin within 12 months or the structure must be made conforming.

500.11. Jurisdiction. This zoning code applies to all lands located within the corporate limits of the city.

500.13. Enactment. This zoning code is enacted pursuant to Minnesota Statutes, sections 462.351 to 462.364.

500.15. Enforcement, violations and penalties. Subdivision 1. In case of any violation of this code, a person aggrieved by such action may request the city council to act in that person's behalf to prevent the unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct, or abate such violation; to prevent the occupancy of a building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises. Such procedures do not limit taking action in a court of law.

West Concord City Code (Zoning)500.15, Subd. 2

Subd. 2. Penalties. It is unlawful to violate any provision of the zoning code.

Subd. 3. Relief from personal responsibility. Any claim based upon an act or omission of an officer or employee exercising due care in the execution of any valid or invalid portions of this code and any claim based upon the performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused, are hereby enumerated as exceptions to Minnesota Statutes, section 466.02, and said section does not apply. The city must defend, save harmless and indemnify any of its officers or employees, whether elective or appointed, against any tort claim or demand, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of duty in the enforcement and administration of the zoning code, except as provided in Minnesota Statutes, section 466.07, as amended.

West Concord City Code (Zoning)505.01

SECTION 505 - DEFINITIONS

505.01. Usage. For the purpose of the zoning code, certain numbers, abbreviations, terms, and words used are to be used, interpreted, and defined as set forth in this section.

505.03. Words and terms defined. Subdivision 1. For purposes of this code, the terms defined in this subsection have the meanings given them.

Subd. 2. ACCESSORY STRUCTURE OR BUILDING: A subordinate structure or building on the same lot that is incidental and subordinate to the principal use of the primary or main building.

Subd. 3. ALLEY: A public or private rightofway primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Subd. 4. ALTER OR ALTERATION: A change, addition, or modification in construction or occupancy.

Subd. 5. APPLICANT: The owner of land proposing change of land use or a representative, according to this code. Consent is required from the legal owner of the premises.

Subd. 6. BASEMENT: A story partly underground, but having at least onehalf of its height above the curb level and also onehalf of its height above the highest level of the adjoining ground. A basement is counted as a story if used or intended to be used for dwelling or business purposes. A structure which consists solely of a basement may not be used as a dwelling.

Subd. 7. BUILDABLE AREA: The portion of a lot remaining after required yards have been provided.

Subd. 8. BUILDING: A structure built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.

Subd. 9. BUILDING OFFICIAL: The officer charged with the administration and enforcement of this code.

Subd. 10. CELLAR: A portion of a structure having more than onehalf of its height below the curb level or below the highest level of the adjoining ground. A cellar is not to be counted as a story for purposes of height measurement. A structure which consists solely of a cellar may not be used as a dwelling.

West Concord City Code (Zoning)505.03, Subd. 11

Subd. 11. CITY: The city of West Concord.

Subd. 12. COMMISSION: The planning and zoning commission of the city.

Subd. 13. COMPREHENSIVE PLAN (MASTER PLAN): "Comprehensive municipal plan" means a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the municipality, and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. The comprehensive plan represents the city's recommendations for its future development.

Subd. 14. CONDITIONAL USE PERMIT: A document issued by the commission specifying the requirements under which a conditional use may be permitted within a zoning district.

Subd. 15. COUNCIL: The city council of the city.

Subd. 16. COURT: An open unoccupied and unobstructed space, other than yard, on the same lot with a building or group of buildings.

Subd. 17. DWELLING: A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, or other temporary or portable housing.

Subd. 18. DWELLING, SINGLE FAMILY: A building designed or used exclusively for residence purposes by one family.

Subd. 19. DWELLING, TWOFAMILY: A building designed or used exclusively for residence purposes for two families.

Subd. 20. DWELLING, MULTIFAMILY: A building or portion thereof designed for or used by three or more families.

Subd. 21. DWELLING UNIT: One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having a kitchen.

Subd. 22. EARTH SHELTER STRUCTURE: A building or structure which by the nature of its design utilizes a soil material as an insulating source or as an integral part of its design. The uses in such structure are governed by the provisions of the zoning district in which it is located.

West Concord City Code (Zoning)505.03, Subd. 23

Subd. 23. EXISTING BUILDING OR STRUCTURE: A building erected prior to the adoption of this code, or one for which a building permit has been issued.

Subd. 24. FAMILY: A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, motel or hotel, fraternity or sorority house, provided that unless all members are related by blood, adoption or marriage, a family may not contain over five persons.

Subd. 25. FILLING STATION: Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations.

Subd. 26. FOOTING: That portion of the foundation of a structure which spreads and transmits loads directly to the soil or the piles.

Subd. 27. FRONTAGE: All the property abutting on one side of a street between intersecting streets, or between a street and rightofway, waterway, end of a deadend street, or city boundary measured along the street line. An intersecting street determines only the boundary of the frontage on the street that it intersects.

Subd. 28. GARAGE, PRIVATE: A detached accessory building or a portion of the principal building used for the storage of selfpropelled passenger vehicles, noncommercial trailers, and household equipment.

Subd. 29. GARAGE, PUBLIC: A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of selfpropelled vehicles or trailers.

Subd. 30. GROUP HOMES: "Supervised living facility" means a facility in which there is provided supervision, lodging, meals, and, in accordance with the provisions of rules of the department of public welfare, counseling and developmental habilitative or rehabilitative services to disabled persons who are mentally retarded, chemically dependent, adult mentally ill or physically handicapped.

a)"Class A1 supervised living facility" includes homes providing boarding and lodging for six or fewer disabled persons.

b)"Class A2 supervised living facility" includes homes providing boarding and lodging for more than six ambulatory or mobile disabled persons.

0West Concord City Code (Zoning)505.03, Subd. 31

Subd. 31. HEIGHT OF BUILDING: Height of building is the vertical distance from the grade of any side to the highest point.

Subd. 32. HOME OCCUPATION: An occupation, profession or enterprise conducted in a dwelling unit by a member of the immediate family residing on the premises under a conditional use permit where:

a)no more than one person is employed other than members of the immediate family residing on the premises; and

b)the use is incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the area of one floor is used in the conduct of the home occupation; and

c)structural alterations or construction involving features not customarily found in dwellings are not required except that one nonilluminated sign not exceeding one square foot in area may be mounted flat against the wall of the main building; and

d)no home occupation use is conducted in any accessory buildings; and

e)if the home occupation use consists of a barbershop or beauty parlor, there must be a maximum usage of two chairs at any one time; and

f)adequate offstreet parking is available for conducting the home occupation.

Subd. 33. INSPECTION: A procedure of determining if the locations of buildings and structures and the general construction or erection utilized meet the intent of this code.

Subd. 34. LIGHT MANUFACTURING: Uses where products are assembled or produced that include no discharge of any form of emissions to the air, or water environment, or to the public utilities of the city other than wastes from restroom facilities. Such uses may not create audible noise beyond property lot lines.

Subd. 35. LOADING SPACE: An offstreet space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access required loading space is not to be included as offstreet parking space in computation of required offstreet parking space.

Subd. 36. LOT: A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open space as required by this code and having frontage on a public street or approved private street.

West Concord City Code (Zoning)505.03, Subd. 37

Subd. 37. LOT, CORNER: A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner".

Subd. 38. LOT, INTERIOR: A lot other than a corner lot.

Subd. 39. LOT, DEPTH: The mean horizontal distance between the front and rear lot lines.

Subd. 40. LOT LINE, FRONT: The line separating the lot from a street.

Subd. 41. LOT LINE, REAR: The lot line opposite and most distant from the front lot line.

Subd. 42. LOT LINE, SIDE: A lot line other than a front or rear lot line: a side lot line separating a lot from a street is a corner side lot line; a side lot line separating a lot from another lot or lots is an interior side lot line.

Subd. 43. LOT WIDTH: The mean width of the lot measured at right angles to its depth.

Subd. 44. LOT THROUGH: A lot having frontage on two parallel or approximately parallel streets.

Subd. 45. LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder or a lot or parcel described by metes and bounds, the description of which has also been recorded in the office of the county recorder.

Subd. 46. MANUFACTURED HOME & MANUFACTURED BUILDING: "Manufactured home" is a general term meaning a structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein: except that the term includes any structure which meets all of the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States of Housing and Urban Development, or the duly authorized agent or successor thereof, and complies with the standards established in Minnesota Statutes, chapter 327. This general definition includes structures heretofore commonly known as "mobile homes" as well as "manufactured building" built without chassis and designed only for erection on permanent foundation and which possess roof lines such as conventional on the site constructed homes and buildings.

West Concord City Code (Zoning)505.03, Subd. 47

Subd. 47. MANUFACTURED HOME PARK: A lot or part thereof, or any parcel of land which is used or offered as a location for two or more manufactured homes used for any purpose set forth in the definition of manufactured home and manufactured building.