ORDINANCE NO. 332

ORDINANCE NO. 332
AN ORDINANCE AMENDING CHAPTER 5,
SECTIONS 5.1.1.1 - 5.1.1.5, 5.1.16
OF THE MUNICIPAL CODE
The City Council for the City of Lester Prairie ordains:
Section 1: Section 5.1.1.1 shall be deleted and replaced in its entirety with the following:
5.1.1.1 Establishment of Zoning Districts. The following districts are provided in order to classify, regulate and restrict the location of trade and industry, and the location of buildings designated for specific uses, to protect residential uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards and open space within and surrounding such buildings, the City is hereby divided into zoning districts. The use, height and area regulations shall be uniform in each zoning district and the incorporated area of the City is hereby divided into the following districts which shall be known by the following respective symbols and names:
(a) AG - Agricultural District
(b) R-1 - One and Two Family Residential District
(c) R-2 - Multiple Family Residential District
(d) R-3 - High Density Residential District.
(e) B-1 - Central Business District
(f) B-2 - Highway Commercial District
(g) M-1 - Manufacturing District
Section 2: Section 5.1.1.2 shall be deleted and replaced in its entirety with the following:
5.1.1.2 Zoning Map. The location and boundaries of the zoning districts established by this ordinance are hereby set forth on the zoning map entitled The Lester Prairie Zoning Map. Said map shall be on file at City Hall and is hereinafter referred to as the “zoning map”. Said map and all the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this ordinance by reference. It is the responsibility of the City to maintain the zoning map, and amendments thereto shall be recorded on said map.
Section 3: Section 5.1.1.3 and 5.1.1.4 shall be deleted and replaced in its entirety with the following:
5.1.1.3 Zoning District Boundaries. Zoning district boundary lines established by this chapter generally follow lot lines, the centerlines of railroad right of way, street right of way, watercourses or the corporate limit lines, all as they exist upon the effective date of this chapter.
(a) Appeals concerning the exact location of a zoning district boundary line shall be decided by the City Council after recommendation by the Planning and Zoning Commission. For the purpose of interpretating the zoning maps and district boundaries, attached hereto as Exhibit “A” are the legal descriptions of the property designating the same within the particular districts.
(b) Whenever any street, alley or other public way is vacated by official action of the City, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
(c) All streets, alleys, public ways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property in the most restrictive classification immediately abutting upon such alleys, streets, public ways or railroad right of way. Where the centerline of a street, alley, public way or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
(d) All areas within the corporate limits of the City which are underwater and which are not shown as included within any zoning district, shall be subject to all regulations of the zoning district which immediately adjoins such water area. If such water area adjoins two (2) or more zoning districts, the boundaries of each district shall be construed to be extended into the water area in a straight line until they meet the other district at the halfway point and/or to the corporate limits.
Section 4: Section 5.1.1.5 shall be deleted and replaced in its entirety with the following:
5.1.1.5 Property Not Included - Annexations. In every case where property has not been specifically included within a zoning district or is not shown on the zoning map, the property shall automatically be classified within the AG district and said property shall be subject to all regulations, notations, references and conditions as are applicable to said district. Such districting shall be temporary and the Planning and Zoning Commission shall recommend to the City Council within a period of one (1) year from such date of annexation or consolidation, a final zoning district for the annexed property; provided, however, that nothing shall prevent the Planning and Zoning Commission from recommending such final zoning district at the time of annexation or consolidation.
Section 5: Section 5.1.16 shall be deleted and replaced in its entirety with the following:
“5.1.16 DEFINITIONS
Captions, heading, titles and the key words used in sections and articles are inserted herein for convenience and to facilitate the use of this ordinance.
For the purpose of this ordinance, certain words and terms are herein defined:
Words used in the present tense include the future tense; the singular number includes the plural, the plural includes the singular; the word “shall” is mandatory and not merely directory.
5.1.16.1 ACCESSORY BUILDING OR STRUCTURE. A subordinate building or structure on the same lot on which the principal building or structure is situated and which is reasonably necessary and incidental to the conduct of the principal building or structure.
5.1.16.2 ACCESSORY USE. A use naturally and normally incidental to, subordinate to, and auxiliary to the principal permitted use of the premises.
5.1.16.3 AGRICULTURE 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; roadside stand for sale of in season products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feedlots, retail nurseries and garden centers, and kennels.
5.1.16.4 BASEMENT. That portion of a floor of a building which is wholly or one-half or more below the average grade of the ground level adjoining the building as a basement, provided however, that if the height from the average grade level to the first tier of floor beams or joist is five (5) feet or more, such basement shall be considered a story.
5.1.16.5 BOARDING OR ROOMING HOUSE. A boarding or rooming house shall be construed to mean any dwelling occupied in any such manner that certain rooms in excess of those used by members of the immediate family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide therein cooking and sanitary facilities for each family.
5.1.16.6 BUILDABLE AREA. That part of the lot not included within the open areas required by this ordinance.
5.1.16.7 BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the sheltered or enclosure of any person, animal or chattel or property of any kind, when any portion thereof is completely separated from every other part thereof by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building.
5.1.16.8 BUILDING PRINCIPAL. A building or structure in which is conducted the main or principal use of the lot on which said building or structure is situated.
5.1.16.9 BUILDING HEIGHT. The vertical distance measured from the average ground level adjoining the building to the highest point of the roof surface, if a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.
5.1.16.10 BUILDING SETBACK LINE. The front line of the building or the legally established line which determines the location of the building with respect to the street line.
5.1.16.11 CARPORT. A structure permanently attached to a dwelling having a roof supported by columns but not otherwise enclosed.
5.1.16.12 CLINIC. A clinic for the purpose of this ordinance, is a public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by a group of doctors acting in concert and in the same building for the purposes aforesaid.
5.1.16.13 COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services, including, but not limited to, the following unless specifically defined by this chapter.
(a) Office Business: An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional, administrative or medical service operations including attorneys, financial advisors, consultants, insurance, outpatient health services and other uses of similar character.
(b) Restaurant (Convenience): An establishment that serves food and/or beverages, in or on disposable or edible containers, for consumption on or off premises, including drive-in restaurants, and including drive-through facilities.
(c) Restaurant (General): An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.
(d) Retail Business: An establishment engaged in the display and sale of products produced off site directly to consumers within a building or portion of a building, excluding any exterior display and sales.
(e) Service Business (Off Site): A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer’s location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character.
(f) Service Business (On Site): An establishment that provides labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks, copy centers, barber/beauty salons, tanning salons, laundromats, dry cleaners, funeral homes and mortuaries, animal grooming, appliance repair, tailor shops, travel bureaus.
5.1.16.14 CONDOMINIUM. A multiple-family dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of the Minnesota condominium law, Minnesota statutes sections 515.01 through 515.29.
5.1.16.15 CONDOMINIUM OR COMMON INTEREST COMMUNITIES. A development containing individually owned units and jointly owned and shared areas wherein the boundaries are defined by a condominium plan or common interest community in accordance with Minnesota statutes chapters 515, 515A or 515B, as amended.
5.1.16.16 CONTINUING CARE RETIREMENT COMMUNITY (CCRC). A residential land use that provides multiple elements of senior adult living combining aspects of independent living with increased care, as lifestyle needs change with time. Housing options may include various combinations of senior adult detached, senior adult attached, congregate care, assisted living and nursing care aimed at allowing the resident to live in one community as their medical needs change. The use may also contain special services such as medical, dining, recreational and some limited, supporting retail facilities.
5.1.16.17 COOPERATIVE (HOUSING). A multiple-family dwelling owned and maintained by the residents and subject to the provisions of Minnesota statutes 290.09 and 290.13. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
5.1.16.18 DAYCARE FACILITY. Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person’s own home. Daycare facilities include, but are not limited to: daycare centers, day nurseries, nursery schools, daytime activity center, day treatment programs, and other “nonresidential programs” as defined by Minnesota statutes section 245A.02, Subdivision 10.
5.1.16.19 DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, boarding houses, bed and breakfast, mobile homes or trailers. Garage space, whether in an attached or detached garage, shall not be deemed part of a dwelling.
(a) DWELLING, EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or dining alcove.
(b) DWELLING, MULTIPLE-FAMILY (APARTMENT). A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other, but sharing hallways and main entrances and exits.
(c) DWELLING, NURSING HOME. A state licensed facility or that part of a facility which provides nursing care pursuant to Minnesota statutes chapter 144A.01.
(d) DWELLING, SENIOR HOUSING. A dwelling with open occupancy limited to persons over fifty five (55) years of age.
(e) DWELLING, ONE-FAMILY. A dwelling unit designed exclusively for and occupied exclusively by one family.
(f) DWELLING, TOWNHOUSES. Structures housing three (3) or more dwelling units contiguous to each other only by the sharing of one or more common walls with each unit having a separate entrance/exit, such structures to be of the townhouse or row house type as contrasted to multiple-family dwelling apartment structures.
(g) DWELLING, TOWNHOUSES, DETACHED. A structure having the characteristics of a multiple-unit townhouse structure that has been separated into single dwelling units at the common side wall, typically with structure dimensions that have a narrow front and deep side walls and are typically without windows or features on at least one of the side walls.
(h) DWELLING, TWO FAMILY. A structure having two (2) dwelling units contiguous to each other only by the sharing of one or more common walls (without an interior connection) with each unit having a separate entrance/exit designed exclusively for occupancy by two (2) families living independently of each other.
(i) Duplex: A two-family dwelling with one unit above the other.
(ii) Twin home: A two-family dwelling with two (2) units side by side.
5.1.16.20 DWELLING UNIT. A residential building or portion thereof intended for occupancy by one or more persons with facilities for living, sleeping, cooking and eating, but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes, or travel trailers except within the shoreland overlay district where these uses shall be considered dwelling units.
5.1.16.21 ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by private or public utilities, or municipal departments of underground or overhead telephone, gas, electrical, steam, hot water, communication, waste, or water transmission, distribution, collection, supply or disposal systems, including water towers, wells, poles, wires, radio receivers and transmitters, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, utility substations and other similar equipment, accessories and related structures in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Essential services shall not include waste facilities or personal wireless service antennas or support structures.
5.1.16.22 FAMILY. An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of:
(a) Two (2) or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship, foster children, and/or cultural or educational exchange program participants hosted by the principal family; or
(b) Not more than four (4) unrelated persons.
5.1.16.23 FARMING. The cultivating or pasturing of a parcel of land or using it for the raising of livestock or fowl for commercial purposes.
5.1.16.24 FLOOR AREAS, GROUND. The area within the exterior walls of the main building or structure as measured from the outside walls at the ground level, not including garages or enclosed or unenclosed porches and not including an attached utility or accessory rooms having three or more exterior sides.
5.1.16.25 GARAGE, COMMUNITY. Any space or structure or series of structures for the storage of motor vehicles for the use of two or more occupants or property in the vicinity and having no public shop or service therein.
5.1.16.26 GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than three (3) licensed automobiles, trucks or busses, owned by the occupants of the building for which is it is accessory.
5.1.16.27 GASOLINE SERVICE STATION. A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities or motor vehicles, and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including special facilities for the painting, major repair or similar servicing thereof.
5.1.16.28 GOVERNMENTAL AGENCIES AND OFFICIALS.
(a) BUILDING INSPECTOR. The City Building Inspector or his authorized representative.
(b) PLANNING AND ZONING COMMISSION. The Planning Commission shall be the Planning Commission of the City, appointed by the City Council and established under Section 462.354, Subdivision 1, Minnesota Statutes 1965 amended.
5.1.16.29 GREENBELT. A planting strip of grass, trees and shrubs established and maintained for the purpose of screening or limiting the view of certain property uses from the general public.
5.1.16.30 GROUND LEVEL, AVERAGE. The average elevation of the finished grade at the front of a building.
5.1.16.31 HOME OCCUPATION. An occupation which is customarily and traditionally conducted within a dwelling by its occupants and is clearly incidental and secondary to the principal use of the dwelling.
5.1.16.32 HOSPITAL. A building, structure or institution in which sick or injured persons are given medical or surgical treatment.
5.1.16.33 HOTEL. A building or structure occupied as a more or less temporary abode for individuals who are lodged with or without meals in rooms occupied singly for remuneration, in which provision is not made for cooking on any individual plan and in which there are more than ten (10) sleeping rooms and with or without a public dining room.
5.1.16.34 INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities, or other wholesale items.
5.1.16.35 JUNKYARD. A place maintained for keeping, storing, or piling in commercial quantities, whether temporarily, irregularly, or continually; buying or selling at retail or wholesale, any old, used or second-hand material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rugs, clothing, paper, rubbish, bottles, rubber, iron or other metals, or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor vehicles or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not prohibit the keeping of one (1) unlicensed motor vehicle within a garage or other structure in residential districts or two (2) unlicensed motor vehicles not including farm implements within a farm in the agricultural district.
5.1.16.36 KENNEL. Any lot or premises on which three (3) or more dogs six months of age or older are kept, either owned or permanently or temporarily boarded.
5.1.16.37 LANDSCAPING. Make land more pleasant to look at to arrange for trees, shrubs, flowers, etc.
5.1.16.38 LOT. A lot is a piece of parcel of land occupied or to be occupied by a building, structure or use, or by other activity permitted thereon and including the open spaces required under this ordinance. A lot need not be a lot of existing record.
5.1.16.39 LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into unit lots.
5.1.16.40 LOT, CORNER. A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or more.
5.1.16.41 LOT, COVERAGE. The part of percentage of the lot occupied by buildings or structures, including accessory buildings or structures.
5.1.16.42 LOT, DOUBLE FRONTAGE. A double frontage lot is a lot which extends from one street to another street.
5.1.16.43 LOT, INTERIOR. An interior lot is a lot other than a corner lot.
5.1.16.44 LOT LINE, FRONT. Each lot line abutting a street shall be considered a front lot line.
5.1.16.45 LOT LINE, REAR. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line, not less than ten (10) feet long, lying most distantly from the front lot line and wholly within the lot, with the exception of a double frontage lot, every lot shall have a rear lot line.
5.1.16.46 LOT LINE, SIDE. A side lot line is any lot line not a front or rear lot line.
5.1.16.47 LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the Register of Deeds of McLeod County, or a lot described by metes and bounds, the deed to which has been recorded in the Office of the Register of Deeds of McLeod County.
5.1.16.48 LOT, UNIT. Lots created from the subdivision of a base lot for the purpose of developing detached townhouse, two-family, attached townhouse or condominium residential, commercial or industrial developments or developments with more than one principal structure on a lot whereby the individual units have title to the portion of land that is generally underlying the structure.
5.1.16.49 MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of state and complies with the standards established under Minnesota statutes chapter 327.
5.1.16.50 MANUFACTURED HOME PARK. Any site, lot, field, or tract of land upon which two (2) or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.
5.1.16.51 MIGRATORY LABOR CAMP. Temporary facilities provided by the employer on his own land or elsewhere for the housing of workers who for seasonal purposes are employed in the planting, harvesting or processing of crops.
5.1.16.52 MINNESOTA DEFINITIONS. Unless clearly in conflict with the definitions or other provisions of this ordinance, or otherwise clearly inapplicable, definitions established by the state of Minnesota by statute or case law shall apply to this ordinance.
5.1.16.53 MOBILE HOME. A dwelling unit designed to be transportable and suitable for year round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing whether mounted on wheels, jacks or permanent foundation.
5.1.16.54 OTHER DEFINITIONS. Certain chapters of this ordinance contain other definitions applicable particularly to such chapters. In case of any conflict between the definition in Section 5.1.16 and other definitions, the other definitions shall prevail in the chapters where applicable.
5.1.16.55 PARKING SPACE. An area of not less than two hundred (200) square feet, exclusive of driving lanes or aisles to be used for the storage or parking of motor vehicles.
5.1.16.56 PERMITTED USE. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.
5.1.16.57 PERSON. Any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the work “person” is used in any section prescribing a penalty or fine, it shall include the partners or members of any corporation, who are responsible for the violation.
5.1.16.58 PORCH, UNENCLOSED. An entrance to a building which may include steps, a landing, railings and a roof but not enclosed either partially or completely above the landing by windows, screens or siding.
5.1.16.59 PRINCIPAL USE/BUILDING. The main use of land or buildings as distinguished from subordinate or accessory uses. A “principal use” may be either permitted, or special.
5.1.16.60 PUBLIC USES. Uses owned or operated by municipal, school districts, county, state, or other governmental units.
5.1.16.61 PUBLIC UTILITY. Any person, firm corporation, municipal department or board, duly authorized to furnish and furnishing under governmental regulation to the public, electricity, gas, steam, water, sewage, disposal, communication or transportation facilities.
5.1.16.62 PUBLIC WATERS. Public waters are all waters having a beneficial public purpose in relation to waters of the state and include but are not limited to any or all of the following purposes:
(a) Water supply for municipal, industrial, agricultural, or other purposes.
(b) Recharge of underground water strata.
(c) Retention of water to prevent or reduce downstream flooding, thereby minimizing erosion and resultant property damage.
(d) Entrapment and retention of nutrients and other materials which impair the quality of natural resources.
(e) Recreational activities such as swimming, boating, fishing and hunting.
(f) Public navigation other than for recreational purposes.
(g) Wildlife habitat such as fish spawning and rearing areas, waterfowl nesting and feeding areas, and areas for rearing, feeding, and protection of other wildlife.
(h) Areas designated as scientific and natural areas pursuant to Section 84.003
5.1.16.63 RECREATIONAL CAMPING AREA. Any area used on a daily, nightly, weekly or longer basis for the accommodation of three (3) or more units, consisting of tents, travel trailers and whether use of such accommodation is granted free of charge or for compensation.
5.1.16.64 RECREATIONAL CAMPING VEHICLE. The words “recreational camping vehicle” shall mean any of the following:
(a) Travel trailer means a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational or vacation use.
(b) Pick-up coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(c) Motor-home means a portable, temporary dwelling to be used for travel, recreational and vacation and constructed as an integral part of a self-propelled vehicle.
(d) Camping trailer means a fold structure mounted on wheels and designed for travel, recreation and vacation use.
5.1.16.65 RESIDENTIAL DISTRICT. Any district zoned for residential uses.
5.1.16.66 SENIOR HOUSING WITH SERVICES ESTABLISHMENT. As defined by Minnesota statutes 144D providing sleeping accommodations to one or more adult residents, at least eighty percent (80%) of which are fifty five (55) years of age or older, and offering or providing, for a fee, one or more regularly scheduled health related services or two (2) or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment.
5.1.16.67 SPECIAL USE. A use, which because of special problems of control the use presents, 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 comprehensive plan.
5.1.16.68 SPECIAL USE PERMIT. A permit issued by the City Council in accordance with procedures specified in this chapter 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.
5.1.16.69 STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or the space between such a floor and the ceiling next above it. A basement shall be considered a story if its ceiling is over five (5) feet above the average established grade.
5.1.16.70 STORY-HALF. A half story is an upper most story lying under a sloping roof, the usable floor area of which does not exceed seventy-five (75) percent of the floor area of the story immediately below it, and not used, or designed, arranged or intended to be used, in whole or in part, as an independent housekeeping unit or dwelling. A half story containing independent apartments or living quarters shall be deemed a full story.
5.1.16.71 STREET. Any thoroughfare or way other than a public alley, dedicated to the use of the public and open to public travel, whether designated as road, avenue, highway, boulevard, drive, land, circle, place, court or other similar designation, or a private street open to restricted travel and at least forty (40) feet in width.
5.1.16.72 STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
5.1.16.73 STRUCTURE ALTERATION. Any changes in the supporting members of a building such as bearing walls, columns, beams or girders or any substantial change in the roof and exterior walls.
5.1.16.74 TOURIST HOME. A tourist home shall be construed to mean any dwelling occupied in such a manner that certain rooms in excess of those used by members of the family unit, are herein provided, and occupied as a home or family unit, are rented without cooking facilities to the public for compensation and catering primarily to the traveling public.
5.1.16.75 UTILITY ROOM. A room or space, located other than in the basement, specifically designed and constructed to house any home utilities such as the heating unit and laundry facilities.
5.1.16.76 USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter.
5.1.16.77 YARD. A space not occupied by a building or buildings, open to sky and on the same lot as the principal building.
5.1.16.78 YARD, FRONT. A yard extending across the full width of the lot and lying between the front lot line and a line at a distance therefrom as specified by the regulations. In the case of a corner lot abutting one or more streets, both yards shall be considered front yards unless a specific standard is established by this chapter for a side yard of a corner lot abutting a public right of way.
5.1.16.79 YARD, REAR. A yard extending across the full width of the lot and lying between the rear lot line and a line at a distance therefrom as specified by these regulations.
5.1.16.80 YARD, SIDE. A yard between the side lot line and a line at a distance therefrom as specified by the regulations.
5.1.16.81 ZONING DISTRICT. An area or areas of the City (as delineated on the zoning map) set aside for specific uses with specific regulations and provisions for use and development as defined by this chapter.
5.1.16.82 ZONING DISTRICT OVERLAY. A zoning district containing regulations superimposed upon other zoning district regulations and superseding the underlying zoning district use regulations.
5.1.16.83 ZONING DISTRICT UNDERLYING (BASE). All zoning districts except overlay zoning districts.
5.1.16.84 ZONING MAP. The areas comprising these zoning districts and boundaries of said districts as shown upon the map attached hereto and made a part of this ordinance being designated as the Official Zoning Map for the City with all proper notations, references and other information shown thereon. (All according to Exhibit “A” attached hereto.)
Section 6:. Section 5.1.3 AG - AGRICULTURAL DISTRICTS shall be amended as follows:
In the Section title, the “S” on Districts shall be deleted.
Section 5.1.3.0 shall be added as follows:
“5.1.3.0 Purpose. The purpose of the AG district is to provide for restrictions on urban uses in certain areas of the City until such time as sanitary sewer and water utility services are available.”
Section 5.1.3.1 Uses Permitted, shall be amended as follows:
The following items shall be removed:
(c) Home Occupations,
(f) Schools, churches and community buildings, and
g) Accessory buildings or structures and uses customarily incidental to any of the above listed uses when located on the same property
and the following shall be added to 5.1.3.1
(a) Fences.
(b) Home occupations.
(c) Signs.
(d) Essential Services.
Section 5.1.3.2 shall be amended as follows:
“5.1.3.2 Uses Requiring Special Use Permits. The following uses may be permitted upon approval of a special use permit by the City Council.
(a) Stables and riding academies.
(b) Office of veterinary and animal clinics.
(c) Public utility buildings such as substations, transformer stations and regulator stations without service or storage yards.
(d) One (1) temporary building for the sale of the produce of any of the above uses, located not less than twenty (20) feet from the street or highway right-of-way line and provided that space for patron parking twenty (20) feet from said street or highway right-of-way line is provided.
(e) Mining, quarrying or excavating of sand and gravel.
(f) Campgrounds, gun clubs, golf courses, golf driving ranges, race tracks, historical sights, museums and related commercial uses.
(g) Carnivals, outdoor circuses and migratory amusement enterprises.
(h) Cemeteries, including animal cemeteries.
(i) Raising of fur bearing animals or kennels, provided no cage or pen housing such animals is located nearer than two hundred (200) feet to any lot line except that kennels may be within 100 feet of the lot line.
(j) Schools, churches and community buildings. “
Section 7: Section 5.1.4 shall be amended as follows:
The words “ONE AND TWO” shall be added to the title as follows:
“R-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT”
Section 5.1.4.0 shall be added as follows:
“5.1.4.0 Purpose. The purpose of the R-1 district is to provide for single and two unit dwellings and directly related, complementary uses at appropriate locations within the City.”
Section 5.1.4.1 shall be amended to read as follows:
“5.1.4.1 Permitted Uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted uses in an R-1 district:
(a) One and two family dwellings.
(b) Parks, trails, play fields, playgrounds, and directly related buildings and structures.”
Section 5.1.4.1.1 shall be added as follows:
“5.1.4.1.1 Permitted Accessory Uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in an R-1 district.
(a) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted or special use in this chapter, subject to applicable regulation of this chapter.
(b) Fences.
(c) Home occupations.
(d) Signs.
(e) Essential Services.”
Section 5.1.4.2 shall be amended to read as follows:
“5.1.4.2 Uses Requiring Special Use Permits. The following uses may be permitted upon approval of a special use permit by of the City Council.
(a) Schools, churches and community buildings.
(b) Public utility buildings such as substations, transformer stations and regulator stations without service of storage yards.
(c) Hospitals, sanitariums, rest homes and other similar uses.
(d) Boarding and rooming houses.
(e) Institutions of a philanthropic or charitable nature.
(f) Flower shops and commercial greenhouses.
(g) Franchise commercial radio and television towers, transmitters and antennae.”
Section 8: Section 5.1.5 MULTIPLE FAMILY RESIDENTIAL DISTRICTS shall be amended as follows:
In the Section title, the “S” on Districts shall be deleted.
Section 5.1.5.0 shall be added as follows:
‘5.1.5.0 Purpose. The purpose of the R-2 district is to provide for and establish medium density residential neighborhoods and directly related complementary uses at appropriate locations within the City.”
Section 5.1.5.1 shall be amended to read as follows:
“5.1.5.1 Permitted Uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted uses in an R-2 district.
(a) Any use permitted in the R-1 - Single and Two Family Residential District.
(b) Multiple-family dwelling and senior housing structures that contain no more than sixteen (16) dwelling units in any one building.
(c) Nursing Homes
(d) Parks, trails, play fields, playgrounds, and directly related buildings and structures.
(e) Townhouses, six (6) units in a row or twelve (12) units back to back.”
Section 5.1.5.1.1 shall be added as follows:
“5.1.5.1.1 Permitted Accessory Uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in an R-2 district.
(a) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted or special use in this chapter, subject to applicable regulation of this chapter.
(b) Fences.
(c) Home occupations.
(d) Signs.
(e) Essential Services.
(f) Community garages.”
Section 5.1.4.2 shall be amended as follows:
“5.1.5.2 Uses Requiring Special Use Permits. The following uses may be permitted upon approval of a special use permit by the City Council. .
(a All special uses listed the R-1 - Single and Two Family Residential District.
(b) Mobile home parks.
(c) Funeral homes.
(d) Franchise commercial radio and television towers, transmitters and antennae.”
Section 5.1.5.5 shall be deleted and replaced with the following:
“5.1.5.5 R-3 - HIGH DENSITY RESIDENTIAL DISTRICT.
5.1.5.5.0 Purpose. The purpose of the R-3 district is to provide for high density housing and directly related complementary uses at appropriate locations within the City.
5.1.5.1 Permitted Uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted uses in an R-3 district.
(a) Multiple-family dwelling and senior housing structures that contain more than sixteen (16) dwelling units in any one building.
(b) Nursing homes.
(c) Parks, trails, play fields, playgrounds, and directly related buildings and structures.
(d) Townhouses, six (6) units in a row or twelve (12) units back to back.
5.1.5.2 Permitted Accessory Uses. In addition to other uses specifically identified elsewhere in this chapter, the following are permitted accessory uses in an R-3 district.
(a) Accessory uses, buildings and structures customarily incidental and directly related to the uses allowed as permitted or special use in this chapter, subject to applicable regulation of this chapter.
(b) Fences.
(c) Home occupations.
(d) Signs.
(e) Essential Services.
(f) Community garages.
5.1.5.3 Uses Requiring Special Use Permits. The following uses may be permitted upon approval of a special use permit by the City Council.
(a) Government buildings and structures; public or quasi-public or private recreational buildings and neighborhood or community centers; public and private educational institutions limited to accredited elementary, middle or junior high and senior high school; and religious institutions such as churches, chapels, temples, and synagogues.
(b) Manufactured home parks.
(c) Funeral Homes.
(d) Hospitals, sanitariums, rest homes and other similar uses.
(e) Boarding and rooming houses.
(f) Public utility buildings such as substations, transformer stations and regulator stations without service of storage yards.
(g) Franchise commercial radio and television towers, transmitters and antennae.
(h) More than one principal residential building on one lot of record.
(i) Daycare facilities as a principal or an accessory use.
5.1.5.4 Lot Requirements and Setbacks. The following requirements and setbacks shall be observed in an R-3 district.
(a) Base Lot Minimums. Within the R-3 district, the following minimum base lot requirements shall be imposed.
(i) Lot area. Twenty thousand (20,000) square feet.
(ii) Lot width. One hundred feet (100’).
(b) Unit Lots - Townhome Units. The following minimum unit lot requirements shall be applied to the subdivision of townhomes to permit individual private ownership of a single dwelling within such a structure.
(i) Lot area. Townhome unit lots shall have sufficient lot area to include the living area, garages, decks, patios or porches of the individual dwelling units.
(c) Base Lot Setbacks. A minimum setback of thirty feet (30’) shall be required at the periphery of the base lot in the front, rear and side yards.
(d) Building Setbacks. The following minimum internal setbacks shall be imposed on developments that include more than one principal structure on a base lot:
(i) Setback between buildings within the same base lot shall maintain a minimum separation of twenty five feet (25’).
(ii) Buildings shall be set back a minimum of thirty feet (30’) from the back of curb line of private drives, twenty feet (20’) from public rights of way except that the garage face shall be set back twenty five feet (25’) from public rights of way, and fifteen feet (15’) from parking areas.
(f) Maximum Lot Coverage. Lot coverage shall not exceed forty-five percent (45%).
(g) Manufactured Homes Parks. Special requirements and setbacks for manufactured home parks are listed in section 5.1.9.1 Manufactured Homes and Manufactured Home Parks.
5.1.5.5 Building Height. No residential buildings, hereafter erected or altered, shall exceed the following height.
(a) Principal Buildings: Four stories or forty-five feet (45’) feet, whichever is less, provided, however, public and semi-public buildings, churches, cathedrals, temples, hospitals or schools may be erected to a height of fifty-five feet (55’) when set back from all lot lines not less than one (1) foot, in addition to required yard dimensions, for each foot such building exceeds forty-five feet (45’) in height.
(b) Accessory Buildings: As regulated by this chapter.
Section 9. This ordinance shall take affect after its passage publication.
Adopted by the Lester Prairie City Council this 13th day of December, 2016.
CITY OF LESTER PRAIRIE
By: /s/ Eric Angvall, Its Mayor
ATTEST:
By /s/ Marilyn L. Pawelk, Its City Clerk
Published in the Herald Journal Dec. 19, 2016.

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