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HomeMy WebLinkAboutNo 29 Zoning OrdinanceZONING ORDINANCE CONTENTS ARTICLE I Purposes and Scope, Interpretations II Classifications of Districts III F -Farm Residence District IV R-1, Residence District (Single Dwelling) V R-2, Residence District (Double Dwelling) VI R-3, Residence District (Multiple Dwelling) VII BC, Business and Commercial District VIII CS, Shopping Center Districts IX M-1, Light Manufacturing District X M-2, Heavy Manufacturing District XI Special Use Permits XII General Regulations XIII Signs XIV Administration XV Rezoning Procedure XVI Definitions, Remedies, Penalties, Validity, Repealer NEW CANADA TOW14SHIP RAVISEY COUNTY, MINNESOTA ZONING ORDINANCE AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS A'4D OTHER STRUCTURES; THE PERCENTAGE OF LOT THAT MAY BE OCCU- PIED; THE SIZE OF YARD, COURTS, AND OTHER OPEN SPACES; THE DENSITY OF POPULATION; THE LOCATION AND USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES OF SUCH DISTRICTS; PROVIDING FOR CHANGES IN THE REGULATIONS, RESTRICTIONS, AND BOUNDARIES OF SUCH DISTRICTS; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR ENFORCEMENT; AND IM- POSING FINES AND PENALTIES FOR VIOLATIONS. BE IT ORDAINED by the Board of Supervisors of the Township of New Canada in the County of Ramsey and the State of Minnesota, and it is hereby enacted and ordained by the authority of same. Be it further ordained that all previous zoning ordinances and reguiations and amendments thereto are hereby repealed except the 3i�iginal zoning map and the amendments thereto. ARTICLE I PURPOSES: INTERPRETATION: SHORT TITLE Subdivision A. Pui_oo This ordinance is enacted for the fol- lowing purposes: To promote the health, safety, morals, and general welfare of the inhabitants of New Canada Township by lessening conges- tion in the streets, securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; conserving the value of properties, and en- couraging the most appropriate use of land. Subdivision B. Sc�e. From and after the effective date of this ordinance, the use of all land and every building or portion of a build- ing erected, altered with respect to height and area, added to, or re- located, and every use within a building or use accessory thereto, in New Canada Township shall be in conformity with the provisions of this ordinance. Any existing building or structure and any existing use of properties not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming properties or uses. Subd. C. Interpretation. In interpreting and applying the pro- visions of this ordinance, they shall be held to be the minimum require- ments for the promotion of the public health, safety, comfort, conven- ience and general welfare. Where the provisions of this ordinance im- pose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance orregulation im- pose greater restrictions than this ordinance, the provisions of such statute, other ordinance orregulation shall be controlling. Subd. D. Short Title. This ordinance shall be known and may be cited as "The New Canada Township Zoning Ordinance of 195" Subd. E. Definitions. Certain words and phrases used in this ordinance shall be construed to have the meanings indicated in Article XVI hereof. ARTICLE II CLASSIFICATION OF DISTRICTS Subdivision A. Classes of Districts. For the purpose of this 8 ordinance, the Township of New Canada is hereby divided into eight ( ) classes of districts which shall be designated as follows: - 2 - F, Farm Residence District. R-1, Residence District (Single Dwelling). R-2, Residence District (Double Dwelling). R-3, Residence District (Multiple Dwelling). BC, Business and Commercial District. SC, Shopping Center District. M-1, Light Manufacturing District. nJ!-2, Heavy Manufacturing District. Subd. B. Zoning '.lap. The boundaries of said districts will be shown on a map and said map is hereby made part of this ordinance, which map shall be known as the "Zoning Map of the Township of New Canada". The said zoning map shall be prepared immediately after the adoption of this ordinance and shall be reviewed by the Town planning Commission and submitted with recommendations, if any, to the Town Board. Said map shall include any zoning changes recommended by the planning Commis- sion and/or the Town Board. Before the map is finally approved and adopted by the Town Board, the Board shall hold an open public hear - Ing pursuant to at least ten (10) days published and posted notice. Publication shall consist of at least one notice in the official news- paper of the Town, and posting shall be in three (3) prominent places within the Town. All interested persons shall be heard at said hear- ing or any adjournment thereof. After hearing the Town Board shall adopt said map; and all notations, references, and data shown thereon are hereby incorporated by reference into this ordinance and shall be as much a part of this ordinance as if all were fully described herein. The map shall be kept up to date as provided in XV, Subdivision D. Subd. C. District Boundaries. The boundaries between districts are, unless otherwise indicated, either the center lines of streets or railroad right-of-ways, or such lines extended or lines parallel or perpendicular thereto. Where figures are shown on the Zoning Map be- tween a street and a district boundary line they indicate that the dis- trict boundary line runs parallel to the street line at a distance there- from equivalent to the number of feet so indicated, unless otherwise Indicated. - 3 - ARTICLE III F. FARM RESIDENCE DISTRICT USE REGULATIONS In a Farm Residence District, no building or land shall be used or divided and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses: 1. Any use permitted in the R-1 Residence District. 2. General Farming or gardening. 3. Commercial greenhouses and nurseries. 4- Permanent stands for the sale of agricultural products pro- duced on the premises. (These stands to be constructed ac- cording to setback rules and re,gulati ons.) ---- -3a- 5. Stock raising and dairying. (Hog raising and handling shall be in accordance with rules and regulations established by the lawful governing body.) 6. Golf Courses. 7. Airports, cemeteries, mobile home parks, and gun clubs, any of which shall require a special permit to be issued by the law- ful governing body. ARTICLE IV R-1, RESIDENCE DISTRICT (SINGLE DWELLING) Subdivision A. Use Regulations. In this R-1, Residence District, no building or land shall be used, and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses : 1. One -family dwellings, and their accessory buildings, provided that there shall not be any plant nurseries or greenhouses, farms or truck gardens, retail stands for the display of or sale of agricultural products nor any other commercial struc- ture. Also, there shall not be any stock raising, dairying, keeping or handling of hogs, poultry, or animals causing a nuisance. Nor shall any commercial vehicle or heavy equipment be parked or stored on the premises unless such vehicle is parked or stored in the residential garage. 2. Public parks, playgrounds, and golf courses. 3. Churches, public, parochial, and private schools, (or other schools by special permit from the lawful governing body) in- cluding nameplates and signs, pertaining to the same, placed in accordance with setback rules and regulations as defined in Article XIII. ��. Offices of professional persons when located in the dwelling of that professional person or persons, and when authorized by the lawful governing body. [. Art studio, photography studio or other artistic pursuits con- ducted in the residence or accessory buildings, but only upon the securing of a permit to be issued by the Town Board. Subd. B. Height Regulations: No building shall be erected or structurally altered to exceed 30 feet, or 2; stories in height except structures mentioned in Subdivision A, Paragraph 3. Subd. C. Area Regulations: Every building designed and erected for the housing of one family, together with its accessory buildings, shall be located on a building site of not less than 10,000 square feet In area. The average width of the lot shall not be less than 75 feet. No existing lot shall be subdivided unless all the resulting lots comply in size with the provisions hereof. Subd. D. Front Yard Requirements. Each lot shall have a front yard of not less than thirty (30) feet in depth facing any street or road. If at the time this ordinance becomes effective, 50 percent or more of the then existing dwellings having frontages on the same street or road have a predominant front yard setback different from that speci- fied herein, then all buildings thereafter erected, altered or moved shall conform to that predominant front yard depth as a minimum, unless a different setback is approved in writing by not less than fifty-one percent (51%) of all of the owners of the then existing buildings with- in three hundred feet (300 ft.) of the proposed building location. Subd. E. Side Yard Requirements. Each lot shall have two side yards, one on each side of the building. For every building erected or structurally altered, each side yard shall have a width of not less than five feet (5 ft.). "Side yard" shall mean the distance from the side lot line to the nearest portion of the building. The foregoing require- ments for side yards shall be subject to the following modifications: 1. On a corner lot, the side yard on the street side of such cor- ner lot shall have a width of not less than thirty feet (30 ft.). 2. A church, public parochial, or private school shall have a side yard of not less than fifty feet (50 ft.) on each side adjoining other property. 3. When two or more adjoining lots are used as a single building site the side yard requirements shall apply only to the outside lot lines. Subd. F. Rear Yard Requirements. 1. The rear yard for each lot shall have a depth equal to, or greater than, twenty percent (20%) of the depth of the lot. r 2. The setback for dwelling accessory buildings shall be not less than five feet (5 ft.) from the rear lot line where no alleys are plotted and not less than four feet M ft.) where alleys are plotted. 3. Where a garage is located in the rear of the lot, not less than twenty feet (20 ft.) behind the dwelling, such garage may be built so that no portion thereof is less than one foot (1 ft.) from the side lot line, except that on a corner lot a thirty foot (30 ft.) setback from the street side shall be the minimum. ARTICLE V R-2, RESIDENCE DISTRICT (DOUBLE DWELLIVG) Subdivision A. Use Regulations. In the R-2 Residence District, no building or land shall be used, and no building shall be erected, con- verted, or structurally altered, unless otherwise provided herein, ex- cept for one or more of the following uses: la Any use specified in Article IV, R-1, Residence District (Single Dwelling) and no other. 2. Double dwellings, either one or two stories, double bungalows with court or patio, each living quarter having a minimum of six hundred square feet (600 sq. ft.) of floor area. Each must have a private front and rear entrance. Duplexes must have a minimum of twelve hundred square, feet (1200 sq. ft.) of floor area. 3. Colleges, libraries, and community center buildings, any of which shall require a special permit to be issued by the law- ful governing body. Subd. B. Height Regulations. No building shall hereafter be erect- ed or structurally altered hereafter to exceed thirty (30) feet or two and one-half (2+) stories in height, except structures mentioned in Sub- division A, Paragraph 3, except that height may be exceeded by one (1) foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements up to a maximum of thirty-five (35) feet. Subd. C. Area Regulations. A lot area of not less than five thou- sand (5,000 square feet per family shall be provided where served by a public sewerage disposal system, either existing or officially authorized. Where public sewerage systems do not exist, a lot area of not less than seven thousand five hundred (7,500) square feet per family shall be pro- vided. For uses other than residential a public sewerage type of system (Imhoff type) must be provided and the area regulations shall be de- termined in each case by the Town Board in accordance with State Health Department regulations. Each lot shall have an average width of not less than seventy-five (75) feet. Not more than twenty-five (25) percent of the area of each lot may be occupied by buildings. No existing lot shall be subdivided unless all of the resulting lots comply in size with the provisions hereof. Subd. D. Front Yard Requiremerts: Each lot shall have a front yard of not less than thirty (30) feet in depth facing any street or road. If, at the time this ordinance becomes effective, fifty (50) percent or more of the then existing dwellings having frontages on the same street or road have a predominant front yard setback different from that speci- fied herein, then all buildings thereafter erected, altered, or moved shall conform to that predominant front yard depth, unless a different setback is approved in writing by owners of not less than fifty-one (51) percent of all the then existing buildings within three hundred (300) feet of the proposed building location. Subd. E. Side Yard Requirements. Each lot shall have two side yards, one on each side of the building. For every building erected or structurally altered, each side yard shall have a width of not less than five feet (5 ft.). The foregoing requirements for side yards shall be subject to the following modifications: 1. On a corner lot the side yard on the street side of such corner lot shall have a width of not less than thirty feet (30 ft.). 2. A church, public, parochial, or private school shall have a side yard of not less than fifty feet (50 ft.) on each side adjoining other property. 3. When two or more adjoining lots are used as a single building site the side yard requirements shall apply only to the outside lot lines. Subd. F. t=:ear Yard Requirements. - 7 - 1. The rear yard for each lot shall have a depth equal to or greater than twenty (20) percent of the depth of the lot. 2. The setback for dwelling accessory buildings shall be not less than five (5) feet from the rear lot line where no alleys are plotted and not less than four (4) feet where alleys are plotted.- - lotted._ - 7a- 3. Where a garage is located in the rear of the lot, not less than twenty feet (20 ft.) behind the dwelling, such garage may be built so that no portion thereof is less than one foot (1 ft.) from the side lot line, except that on a corner lot a thirty foot (30 ft.) setback from the street side shall be the minimum. ARTICLE VI R-3, RESIDENCE DISTRICT (MULTIPLE DWELLING) Subdivision A. Use Regulations. In a multiple dwelling district, unless otherwise provided in this ordinance, no building or land shall hereafter be erected or structurally altered except for one or more of the following uses: 1. All uses permitted in Article IV, R-1 and Article V, R-2, residential districts and no other. 2. Multiple dwelling apartment, but no business, shall be con- ducted therein unless it is incidental and only for guests, and can be entered only from the inside of the building. 3. Clubs, lodges, fraternity and sorority houses without services to public customarily carried on as a business. 4. Boarding and lodging houses. 5. The following uses, but only upon securing of a special permit from the lawful governing body: a. Hospitals, clinics, nursing homes and other buildings used for treatment of human ailments. b. Philanthropic and charitable institutions. c. Any other use enumerated or specified in Article XI re- lating to special use permits. Subd. B. Height Regulations. No building shall hereafter be erect- ed or structurally altered to exceed thirty (30) feet or two and one- half (2�) stories in height, except structures such as churches or schools. The height of other structures may be exceeded by one (1) foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements up to a maximum of thirty-five (35) feet. Subd. C. Area Regulations. A lot area of not less than five thou- sand (5,000) square feet per family shall be provided where served by a public sewerage disposal system, either existing or officially authorized- - 8 - ',,'here public sewerage systems do not exist, a lot area of not less than seven thousand five hundred (7,500) square feet per family shall be provides For uses other than residential and for residential buildings larger than a duplex, a public sewerage type of system (Imhoff type) must be provided and the area regulations shall be determined in each case by the Town Board in accordance with State Health Department regulations. Subd. D. Front Yard Requirements. Each lot shall have a front yard of not less than thirty (30) feet in depth facing any street or road. If, at the time this ordinance becomes effective, fifty (50) per- cent or more of the then existing dwellings having frontages on the same street or road have a predominant front yard setback different from that specified herein, then all buildings thereafter erected, altered, or moved shall conform to that predominant front yard depth, unless a dif- ferent setback is approved in writing by owners of not less than fifty- one (51) percent of all the then existing buildings within three hundred (300) feet of the proposed building location. Subd. E. Side Yard Requirements. Each lot shall have two side yards, one on each side of the building. For every building erected or structurally altered, each side yard shall have a width of not less than five feet (5 ft.). The foregoing requirements for side yards shall be subject to the following modifications: 1. On a corner lot the side yard on the street side of such corner lot shall have a width of not less than thirty feet (30 ft.). 2. A church, public, parochial, or private school shall have a side yard of not less than fifty feet (50 ft.) on each side adjoining other property. 3. When two or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. Subd. F. Rear Yard Requirements. 1. The rear yard for each lot shall have a depth equal to or greater than twenty (20) percent of the depth of the lot. 2. The setback for dwelling accessory buildings shall be not less than five (5) feet from the rear lot line where no alleys are plotted and not less than four (4) feet where alleys are plotted. 3. Where a garage is located in the rear of the lot, not less than twenty feet (20 ft.) behind the dwelling, such garage may be built. - 9 so that no portion thereof is less than one foot (1 ft.) from the side lot line, except that on a corner lot a thirty foot (30 ft.) setback from the street side shall be the minimum. Subd. G. Off-street Parking Requirements. For each multiple dwelling larger than a duplex there shall be provided sufficient off- street parking area to accommodate one automobile for each dwelling unit in said multiple dwelling. ARTICLE VII BC, BUSINESS AAVD COINERCIAL DISTRICTS Subdivision A. In BC Commercial Districts the following regula- tions shall apply: 1. Use Regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other: a. All uses permitted in R-3 Residence Districts. b. Apartment for one family in combination with business use. c. Hotel, motel, tourist, rooming, or boarding house. d. Retail store; restaurant; office, agency or studio; bank; personal service and craftsmen's shop, mortuary. e. Public garage, service station, automobile sales agency, used car lot, parking garage or lot, provided all facilities are located and all services are conducted on the lot. f. Newspaper publishing; job printing establishment. g. Theater. h. Hand or automatic self-service laundry. i. Bakery, or confectionery shop, for the production of articles to be sold only at retail on the premises. 2. The following uses when authorized by the lawful governing body as a special exception: a. Distributing station for milk or other beverages; carting or hauling station. b. Place of amusement, recreation, or assembly other than a theater, when conducted indoors. C. Yard for storage, sale, and distribution of ice, coal, fuel oil, or building materials, when enclosed within a fence of - 10 - not less than six (6) feet in height but not including junk yard salvage, automobile or other wrecking yard. 3. Any use of the same general character as any of the above per- mitted uses provided that no use which is noxious or hazardous shall be permitted. Subd. B. Area and Design Requirements. A complete plot plan showing the building or buildings and surrounding land areas of the en- tire project must be submitted for approval by the lawful governing body. A complete set of building plans and specifications, sewerage dis- posal, and water supply plans and parking facilities must accompany the plot plan. The lawful governing body may submit these plans for consideration and recommendations to the Planning Commission. Area and design requirements must be such as to establish a busi- ness and commercial district which will best serve the general welfare and benefit of the entire township. ARTICLE VIII SC, GENERAL SHOPPING C&[ TER DISTRICTS Subdivision A. In any district hereafter designated as a SC Shop- ping Center District, the following regulations shall apply: 1. General Requirement. The governing body may authorize as an amendment to the "Zoning Map the designation of an area as a SC Shopping Center District for the location of an integrated shopping center and subject to the regulations of this and any other pertinent Article. 2. Plan Requirements. The request for amendment shall be accom- panied by a copy of the plot which shall show the layout of the total area to be included in the shopping center, and which shall include, among other things, the information re- quired below. If, however, portions of the project are to be completed in successive stages, a less detailed sketch or lay- out of the areas not scheduled for immediate development will suffice initially, provided that as further development occurs, a plot showing all of the required detail shall then be sub- mitted prior to the construction of any portion. Information to be shown on the plot plan shall include: a. The location, dimensions, and proposed use of all build- ings or structures. b. The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use. C. The location, size, arrangement, and capacity of all areas to be used for automobile access, parking, loading, and unloading. d. The location, dimensions, and arrangement of areas to be devoted to planting, lawns, trees, or any other purposes. e. Sufficient data, in all instances, to enable the governing body to judge the effectiveness of the design and charac- ter of the entire shopping center area and its relation- ship to surrounding areas. Subd. B. Area and Design Require m_ ents. 1. The proposed develop- ment shall be constructed in accordance with an overall plan which shall be designed as a single architectural unit with appropriate landscaping, and shall provide initially for the construction of either a minimum of seven thousand five hundred (7,500) square feet of floor area, or a mini- mum of six (6) of the uses listed in Subdivision C below as permitted in a Shopping Center District. 2. The total area shall be not less than two (2) acres. 3. Not more than twenty-five (25) percent of the lot area shall be occupied by buildings. 4. The distance, at the closest point, between any two buildings, or groups or units of attached buildings shall be not less than twelve (12) feet. 5. Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles, servicing of shops by refuse collec- tion, fuel, fire, and other service vehicles; automobile accessways; and pedestrian walks. Such areas shall be paved with an acceptable hard surface. 6. a. No buil ding or service area may be located within twenty- five (25) feetof a side or rear property line. - 12 - b. No service road or driveway shall be located less than ten (10) feet from rear or side property line. 7. Not less than three (3) square feet of automobile parking space with suitable access shall be provided for each square foot of gross floor area devoted to patron use. 8. Parking, loading, or service areas used by motor vehicles shall be located entirely within the lot lines of the shopping center, shall be physically separated from public streets, and shall have not more than two (2) accessways to any one public street. All accessways shall be located at least one hundred (100) feet from the intersection of any street lines. 9. The governing body may prescribe more restrictive conditions, or any further reasonable conditions deemed appropriate with respect to the suitability of the shopping center in the neighborhood. Subd. C. Use Requlations. A building or combination of buildings may be erected or used, and the lot area may be used or occupied for any of the following purposes, and no other. In no case shall a building be used for living quarters. 1. Retail store, including retail outlet or show room for uses permitted in Paragraph 9 hereof, but not including auotmobile sales agency, provided that no goods shall be displayed on the exterior of the premises. 2. Restaurant, tea room, or cafeteria. 3. Office agency, or studio. 4. Following personal service shops dealing directly with custo- mers: beauty parlor, barber shop, clothes cleaning agency, automatic self-service laundry, dress -making, millinery or similar shop provided all repair or processing work is con- ducted in accordance with Paragraph 9 below. 5• Theater, not including outdoor motion picture establishment; assembly hall, or community building, indoor recreational es- b. tablishment or library; child day center. or custom shop for the production of Bakery confectionery, articles to be sold at retail on the premises, provided that - 13 - all baking or processing is conducted in accordance with Paragraph 9 below. 7. Bank. 8. Passenger station. 9. The following uses provided that if such uses are located on the ground floor they shall not be located within twenty-five (25) feet of the front of the building and provided that they shall be effectively screened from the front portion of the building by a wall or partition. a. General servicing or repair. b. Upholstering. c. Carpentry or woodworking. d. Electrical, radio, television repair. e. Hand laundering, dry cleaning or pressing, providing no inflammable fluids are used. f. Tailoring dressmaking or repair. g. Millinery repair or processing. h. Baking, confectionery -making, or similar processing. I. Frozen food lockers. J. Any similar use involving repair, processing or storage activity. 10. Accessory use customarily incidental to any of the above uses. 11. Any use of the same general character as any of the above per- mitted uses, when authorized as a special exception by the governing body, provided that such use shall be permitted sub- ject to such reasonable restrictions as the governing body may determine, and further provided that no trade or business shall be permitted which is either noxious or hazardous. 12. Signs when erected and maintained in accordance with Article XIII. Subd. D. Hei ht Re ulations. No building shall exceed fifty (50) feet of height unless authorized as a special exception by the governing body. ARTICLE IX M-1, LIGHT MANUFACTURING DISTRICTS Subdivision A. In M-1 Light Manufacturing Districts the following regulations shall apply: - 1 - to Use Regulations. A building may be erected or used, and a V V lot may be used or occupied, for any of the following pur- poses and no other, provided that no use which is noxious, or hazardous shall be permitted. a. Any use permitted in BC Business & Commercial District and SC Shopping Center District. b. Wholesale business establishments. c. Storage or warehouse; packing and crating, express, cart- ing or hauling stations; trucking yard or terminal. d. Custom shop for making articles or products sold at retail in the premises. e. Plumbing, heating, glazing, painting, paperhanging, roof- ing, ventilating, and electrical contractors; blacksmith shop; carpentry; soldering and welding shop. f. Yard for storage, sale and distribution of ice, coal, fuel oil, or building materials. g. Commercial place of amusement, recreation or assembly. h. Bottling establishment. i. Manufacturing as follows: (i) Canvas and canvas products. (ii) Clothing and other textile products, not including manu- facture of textiles. (iii) Electrical equipment, appliances, and supplies, manu- facture and assembly of, not including heavy electrical machinery. (iv) Food products, combining or processing of, not including meat and fish. (v) Jewelry, clocks, watches. (vi) Leather products including luggage and shoes. (vii) Medical, dental, drafting equipment, optical goods. (viii) Musical instruments„ (ix) Perfumes, pharmaceutical products, compounding of rub- ber products and synthetic treated fabrics, not includ- ing rubber and synthetic processing. - 15 ) (x) Small products from the following previously pre- pared materials: cork, feathers, felt, fur, glass, hair, horn, paper, plastics, shells. (xi) Tool, die and pattern -making, and similar small ma- chine shops. (xii) Wood products, including furniture and boxes. j. Carpet and rug cleaning. k. Laundry, dry cleaning, or dyeing plant. 1. Laboratory, research, experimental and testing. m. Any use of the same general character as any of the above - permitted uses when authorized as a special exception by the lawful governing body. n. Accessory use on the same lot with and customarily inci- dental to any of the above -permitted uses. Subd. B. Restricted Use. No building may be erected, altered, or used, and no lot or premises may be used in/or within two hundred (200) feet of a Residence District within the Town, except as authorized by special permit to be issued by the governing body. Subd. C. Area and Design Regulation. A complete plot plan show- ing the building or buildings and surrounding land areas of the entire project must be submitted to the lawful governing body for approval. A complete set of building plans and specifications, waste disposal, and water supply plans, must accompany the plot plan. The lawful governing body may submit these plans for consideration and recommendations to the planning Commission. Area, design and set -back requirements must be such as to establish a Light manufacturing District which will best serve the general welfare and benefit of the entire township. ARTICLE X M-21 HEAVY MANUFACTURING DISTRICTS Subdivision A. In MI -2 Heavy Manufacturing Districts the following regulations shall apply: 1. Use Regulations. A building may be erected or used and a lot may be used or occupied, for any lawful purpose, EXCEPT the purposes specified below or any purpose substantially similar to any specified; provided that such uses or any other which Is noxious or hazardous may be permitted in accordance with Paragraph h. below. a. Dwelling, except for living quarters for any.such persons as watchmen or caretakers and their families, as an ac- cessory use to a business or industrial use. b. Abattoir, stock yard. C* Distillation of bones and wood. d. Incinerator or reduction of garbage, offal, and dead animals. e. Junk yard, salvage or wrecking yard, or the baling of rags or junk, except when enclosed within a building. f. Manufacture of: (i) Asphalt or asphalt products, including refining thereof. (ii) Explosives, fireworks, including storage thereof. (iii) Fertilizer, when manufactured from organic materials. (iv) Gypsum, cement, plaster or plaster of paris. (v) Ruby, caoutchouc, or gutta percha. (vi) Sulphurous, sulphuric, nitric, picric or hydrochloric or other offensive or corrosive acids. g. Wood pulp and fiber, reduction and processing thereof. h. No noxious or hazardous use shall be permitted unless adequate provision is made to reduce and minimize such objectionable elements. Subd. B. Restricted Use. No building may be erected, altered, or used, and no lot or premises may be used in, or within two hundred fifty (250) feet of, a Residence District within the Town, except as authorized by permit to be issued by the governing body. Subd. C. Area and Design Regulation. A complete plot plan showing the building or buildings and surrounding land areas of the entire pro- ject must be submitted to the lawful governing body for approval. A complete set of building plans and specifications, waste disposal, and water supply plans, must accompany the plot plan. The lawful governing body may submit these plans for consideration and recommendations to the Planning Commission. Area, design and set -back requirements must be such as to establish a Hdavy..I�lanufacturing District which will best serve the general wel- fare and benefit of the entire township. ARTICLE XI SPECIAL USE PERMITS Subdivision A. Special use permits may be issued for any of the following; 1. Any of the uses or purposes for which such permits are required or permitted by the provisions of this ordinance. - 17a- i - 17a- 2. Public utility, public service or public building uses in any district when found to be necessary for the public health, safety, convenience or welfare. 3. Commercial excavating of natural materials used for building, construction or landscaping in any district. 1_�. To classify as a conforming use any institutional use existing in any district at the time of the establishment of such dis- trict. 5. Used car lots. 6. The wrecking of automobiles or trucks including the sale of used parts. 7. lElobi 1 e home parks. 8. To permit the lacation of any of the following uses in a dis- trict from which they are excluded by the provisions of this ordinance: airport, library, community center, church, hospital, any institution of any educational, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of the human dead. Subd. B. Application for the issuance of a special use permit shall be made in writing to the Town Clerk and referred by the Clerk to the Town Board. The application shall be accompanied by an abstractor's cer- tificate showing the names of the owners of the property located within the Town situated within two hundred (200) feet of the boundary lines of the property upon which a special use permit is requested. The applicant shall also, at the time of filing such application, pay a fee of Twenty- five Dollars ("25.00) to the Town Clerk to defray the expense of adver- tising, public hearing and other expenses incurred by the Town in the handling of such application. Subd. C. The Town Board shall hold at least one (1) public hearing on each application for a special use permit after a notice of the hear- ing has been published in the official newspaper at least ten (10) days before said hearing. The Town Board shall also cause a notice to be mailed to each of the owners of property located within the Town within two hundred (200) feet of the boundary lines of the property upon which such use has been requested. (These notices to be mailed to the last known address of such - 18 - owners at least five (5) days before the date of the hearing.) Subd. D. After the public hearing, the Town Board may grant the special permit requested by a majority vote of its members. Subd. E. The Town Board, in granting a special use permit, may attach to the permit such conditions and guarantees as may, in its op- tion, be necessary in the protection of the public, the rights of others and the Town. Subd. F. Any use permitted under the terms of any special use per- mit shall he established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith. ARTICLE XII CTENERAL REGULATIONS Subdivision A. Nonconforming Buildingsor Uses. 1. Continuation. Any lawful use of a building or land existing at the effective date of this ordinance may be continued al- though such use does not conform to the provisions of this or- dinance. 2. Changes, A nonconforming use of a building or land may be chanced to a conforming use of the same or more restricted classification. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classi- fication or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification. 3. Restoration. A nonconforming building wholly or partially des- troyed by fire, explosion, flood, or other phenomenon, or legal- ly condemned, may be reconstructed and used for the same non- conforming use, provided that building reconstruction shall be commenced within one (1) year from the date the building was destroyed or condemned and shall be carried on without interrup- tion. 4. Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one (1) year or more, subsequent use of such building or land shall be in conformity with the provisions of this ordinance. - 19 - Subd. B. Platting. All Farm Residential area, upon being platted, shall automatically become Class R-1 Residential areas. If any other classification is to be made within such plat the regular procedure for rezoning as provided in this ordinance shall be followed. Subd. C. Reduction of Lot. No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smal- ler than herein prescribed. Subd. D. Access. No dwelling shall hereafter be erected or al- tered unless there is direct access to it from a street or highway through an open space at least as wide as the dwelling and on the same lot. No building shall hereafter be erected or altered so as to close the present means of access to an existing dwelling or so as to dimin- ish this means of access to a width less than the width of the existing dwelling. Subd. E. Vision Obstruction. On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained, which may cause danger to traffic on a street or public road by obscuring the view. Subd. F. Parking Space. Not less than one (1) off-street parking space, consisting of at least two hundred forty (240) square feet, with proper access from a street or alley, shall be provided on any lot on which a main building is hereafter erected, and the following types of uses shall provide additional off-street parking space, as indicated, unless otherwise authorized by the Town Board, which parking space shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated: 1. IMultiple dwelling: One space for each housekeeping unit. 2. Hotel or tourist cabin court: One space for each rental room or suite. 3. Restaurant, cafe, or tea room: One space for each fifty (50) square feet of floor space devoted to patron use. 4. Theater, auditorium, churches, or other place of public assem- blage: a 11MInimum of one space for every twelve (12) seats. Schools must have a minimum of one space for every twenty (20) auditorium seats. - 20 - 5. Commercial, office, or recreational building or use, other than those specified above, having a total floor or ground area of more than one thousand (1,000) square feet: One (1) space for each two hundred (200) square feet, or portion thereof, or ground or ground floor area, plus one (1) space for each three hundred (300) square feet, or portion thereof, of upper floor area, in excess of one thousand (1,000) square feet. 6. Manufacturing establishment: One space for each four (4) em- pIoyees. Off-street parking facilities existing at the effective date of this ordinance shall not subsequently be reduced to an amount less than that required under this ordinance for a similar new building or use. Off-street parking facilities provided to comply with the provisions of this ordinance shall not subsequently be reduced below the require- ments of this ordinance. Nothing herein shall be construed to alter or amend any provision for off-street parking contained in Article VIII.for General SC Shop- ping Center districts. Subd. G. Loading and Unloading Space. Off-street loading and un- loading space with proper access from a street or alley, shall be pro- vided on any lot on which a building for trade or business is hereafter erected or substantially altered. Subd. H. Review of Proposed Exception or Change. In any instance where the governing body or the Planning Commission is required to con- sider an exception or change in the zoning ordinance or map in accordance with the provisions of this ordinance, the Board or Planning Commission shall, among other things: 1. Assure itself that the proposed change is consistent with the spirit, purpose, and intent of the zoning ordinance. 2. Determine that the proposed change will not substantially in- jure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. - 21 - 3. Determine that the proposed change will serve the best inter- ests and convenience of the community (where applicable), and the public welfare. 4. Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire pro- tection, and schools. 5. Be guided in its study, review, and recommendation by sound standards of subdivision practice where applicable. 6. Impose such conditions, in addition to those required, as are necessary to assure that the intent of the zoning ordinance is complied; with, which conditionstmay include, but are not lim- ited to, harmonious design of buildings, planting and its main- tenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation. Subd. I. Lot Size Minimums for New Subdivisions. Whenever land is hereafter subdivided into three or more lots or parcels for the pur- pose of transfer, sale, or improvement, the following regulations shall apply, notwithstanding the district regulations of this ordinance. 1. In all sections of the community which are not served by sani- tary sewers, either existing or officially authorized to be installed, residential lots shall have an average width of seventy-five (75) feet and a minimum area of ten thousand (10,000) square feet for each dwelling lunit. 2. In all sections of the community which are served by sanitary sewers, either existing or officially authorized to be in- stalled, residential lots shall have a minimum frontage and average width of seventy-five (75) feet and a minimum area of seventy-five hundred (7,500) square feet for each dwelling unit. ARTICLE XIII SIGNS Subdivision A. Any sign hereafter erected or maintained shall conform with the provisions of the New Canada Township Building Code and - 22 - permits as required under said Code shall be obtained before any signs are erected. Subd. B. General_Restrictlons. The following restrictions shall apply to all permitted sign uses: 1. No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view. 2. No sign other than official traffic signs shall be erected within the lines of any street unless specifically authorized by other ordinances or regulations of New Canada Township. 3. No sign shall be of a flashing type except an official traf- fic signal. 4. No sign shall project more than twenty-four (24) inches over a public sidewalk. ARTICLE XIV ADMINISTRATIO14 Subdivision A. The governing body shall enforce the provisions of this ordinance. It shall examine all applications for permits, and issue permits only for construction and uses which are in accordance with the requirements of this ordinance. Nothing herein contained shall require any change in plans or construction of a lawful use, the construe - of which is started before the effective date of this ordinance and which Is completed within one (1) year of the effective date of this ordinance. Subd. B. Re uirements of Permit shall be in accordance with the Building Code as adopted by the Town Board July 15, 1954 or any amend- ments thereto. Subd. C. Application for Permit shall be in accordance with the Building Code as adopted by the Town Board July 15, 1954 or any amend - rents thereto. Subd. D. Issuance of Permit shall be in accordance with the Build - Ing Code as adopted by the Town Board July 15, 1954 or any amendments thereto. Subd. E. Fees -of Permit shall be in accordance with the Building Code as adopted by the Town Board July 15, 1954 or any amendments thereto. - �3 - ARTICLE XV REZONING PROCEDURE Subdivision-�. Petition by 50% or A. -lore of the Adjoining Property Ov.ners. No change shall be made in the boundary line of the districts or in the use, height, or area regulation of any district except after a public hearing and upon the two-thirds (2/3) vote of the Town Board. Such change shall be made only as follows: 1. The Town Board shall, upon petition of fifty percent (50%) or more by number of the property owners in fact within two hundred (200) feet of the property to be affected by the pro- posed change, fix a date for a hearing. Such petition shall be accompanied by an abstractorts certificate showing the names of all property owners within two hundred (200 ) feet of the property to be rezoned and such petition and certificate when filed with the Town Clerk shall be accompanied by payment of Twenty-five Dollars ($25.00) to defray the expenses of adver- tising, public hearing and other expenses incurred by the Town in the handling of said petition. 2. The Town Board shall hold at least one (1) public hearing on any petition for rezoning after notice of such hearing has been published in the official newspaper at least ten (10) days be- fore the hearing and the Board shall also cause a notice to be mailed to each of the owners of property within two hundred (200) feet of the property for which rezoning is petitioned, such notices to be mailed to the last known address of the owners at least five (5) days before the hearing. Subd. B. By Initiative of the Board. The Town Board may of its own initiative change boundaries of a district or a use, height or area regu- lation of any district after a public hearing and upon two-thirds (2/3) vote of the Board. Notice of such hearing shall be given in the same manner as specified in paragraph 2. above, except that any changes made by the Town Board at the time the Zoning Map is first adopted shall be made pursuant to notice and hearing as provided in Article II, Subdivision B. hereof. Subd. C. Review of Proposed Exception or Change. In any instance where the governing body is required to consider an exception or change in the zoning ordinance or map in accordance with the provisions of this ordinance, it shall, among other things: - 24 - 1. Assure itself that the proposed change is consistent with the spirit, purpose, and intent of the zoning ordinance. 2. Determine that the proposed change will not substantially change, injure or detract from the use of neighboring pro- perty or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. Determine that the proposed change will serve the best inter- ests of the township, the convenience of the community (where applicable), and the public welfare. Subd. D. The zoning map of the Town shall be kept up to date at all times by the Town Engineer and shall be available for public inspec- tion at the office of the Town Clerk at all times. ARTICLE XVI DEFINITIONS, REMEDIES, PENALTIES, VALIDITY, REPEALER Subdivision A. Definition of Terms. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this ordinance to have the meaning herein indicated. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged", "designed" or "intended to be used". The word "building" shall include the word "structure". The present tense shall include the future tense. 1. Assessory Building: A building subordinate to the main build- ing on a lot and used for purposes customarily incidental to those of the main building. 2. Accessory Use: A use subordinate to the main Luse of land or of a building on a lot and customarily incidental thereto. 3. Basic Structural Alteration: Any enlargement of a building, whether by extending on any side or by increasing in height, or the moving of a building from one location to another. U. Building Area: The aggregate of the maximum horizontal cross- section areas, excluding cornices, eaves, and gutters, of all buildings on a lot. 5. Building e: The line parallel to the street line at a dis- tance therefrom equal to the depth of thefront yard required for the district in which the lot is located. - 25 - 6. Dwelling: a. Singledwelli_ng: A building on a lot, designed and occupiedexclusively as a residence for one (1) family. b. Double dwelling: A building, on a lot, des#ied and oc- cupied exclusively as a residence for two (2) families. C. Multiple dwelling: A building on a lot, designed exclu- sively as a residence for three (3) or more families. 7. Family: -Any number of persons living and cooking together as a single housekeeping unit. 8. Farm_ Building: Any building used for storing agricultural equipment, or farm produce, housing livestock or poultry, and poultry processing including egg handling, and processing dairy products. The term "Farm Building" shall not include dwellings. 9. Height of Building: A building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof; provided that chimneys, spires, towers, elevator penthouses, tanks, and similar projections of the building shall not be included in calculating the height, 10. Lot: A parcel of land on which a main building and any acces- sory buildings are or may be placed, together with the required open spaces. The area of a lot which abuts a street shall be measured to the street line only. 11. Nonconforming Building or Use: A building or a use of land or of a building existing at the effective date of this ordi- nance which does not conform with the requirements of this ordinance, or a use authorized under Article XI hereof. 12. Parking S__ pace: An open space or a garage, on a lot, used for parking motor vehicles, the area of which is not less than two hundred and forty (240) square feet and to which there is ac- cess from a street or alley. 13. Sic�,n: Any identifying or advertising plaque, display or poster larger in size than thirty-six (36) square inches. - 26 - 14. Street Line: The dividing line between a lot and the outside boundary of a public street, road, or highway legally open or officially plotted by the Township, or between a lot and a private street, road, or way over which the owners or tenants of two (2) or more lots held in single or separate ownership have the right-of-way. 15. Mobile Home Park: A lot or premises used for occupancy by a house trailer or any other vehicle used for living or sleeping purposes. 16. Yard: a. Front Yard: The required open space, extending along the street line _throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices, steps and chimneys projecting not more than eighteen (18) inches. b. Side Yard: The required open space, extending along the side line of the lot throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices, steps, and chimneys projecting not more than eighteen (18) inches. Subd. B. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordi- nance or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Subd, C. Penalties. Any person who shall violate any of the pro- visions of this ordinance shall be guilty of a misdemeanor and shall be punished as provided for under the statute of the State of Minnesota for the commission of a misdemeanor; and each day that any violation con- tinues shall constitute a separate violation punishable in accordance with the provisions of this section. - 27 - .., ,.�.,. r./�Il�li..r•IMlrlrri: Subd. D. Validity. If any section, paragraph, subsection, clause, or provision of this ordinance shall be declared by a court of compe- tent jurisdiction to be invalid, such decision shall not affect the validity of this ordinance as a whole or any part thereof. Subd. E. Repealer. All ordinances or parts of ordinances incon- sistent herewith are hereby repealed. Subd. F. Effective Date: This ordinance shall become effective from and after its publication, as provided by law. Enacted and ordained into an Ordinance this 5th day of April, 1956. THE T�� P,G� -,G NFp C�DA �U�' c By W. E. Luebben Chairman of the Board of Supervisors Aye s - 3 ATTEST: Nays - 0 Forrest R Schmid •lerk Date "Published: - 28 -