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ORDINANCE 94 - BUILDING PERMITS, SET BACKS, ZONING

CITY OF DANUBE

ORDINANCE #94

 

 

1.         Title.    AN ORDINANCE REQUIRING PROCUREMENT, AND ESTABLISHING PROCEDURES FOR ISSUANCE OF BUILDING PERMITS, ESTABLISHING BUILDING SETBACK REQUIREMENTS, ESTABLISHING CONFORMING AND NON-CONFORMING USES OF COMMERCIAL AND RESIDENTIAL PROPERTY; AND RESTRICTIONS ON FENCES.

 

SECTION 1.  This ordinance shall be referred to as the Building Permits and Zoning Ordinance.

 

SECTION 2.  Division of Districts.  For the purpose of this Ordinance, the City of Danube is divided into two use districts.

 

1.      Residential District.  The residential district shall include all of the territory in the City not zoned as commercial.

 

2.      Commercial District.  The commercial district shall mean all lands located within the West half of Block 1; the East half of Block 2; the East half of Block 5; and the West half of Block 6; original plat; and all commercial properties located along U. S. Highway 212; First Street; and the railroad right-of-way.  Any property in legal commercial use as of the date of adoption of this Ordinance shall be deemed to be in the Commercial District.

 

It shall be the duty of the Clerk to keep on file in the City Office a map of the City

Indicating the zones as herein described and as they may be constituted by amendment hereto from time to time.  This may shall be made available to the public upon request at any reasonable time.

 

SECTION 3.  Definitions.

 

1.      “Lot” means the area within the outside boundary lines of a City Lot, or two or more contiguous lots owned by the same person (s).

 

2.    “Accessory Building” means any buildings unattached to the principle dwelling or other buildings on the lot including, but not limited to, garages, pool houses, pools/spas (as defined by Danube City Ordinance #92) and sheds.

 

3.      “Side Lot” means the property line perpendicular to the adjoining street. For a corner lot, the side lot line means the longest property line perpendicular to a City street.

 

 

 

4.      “Property line” shall mean the outside property lines of the City Lot, or two or more contiguous Lots owned by the same person (s).

 

5.      “Building Permit” as used in this Ordinance refers solely to the permit required by this Ordinance and, if granted, such building permit does not reflect any compliance with the Minnesota State Building Code.

 

6.      “Manufactured Home” shall have the same definition as given in Minnesota Statutes Section 327.31, Subd. 6.

 

SECTION 4.  Residential District.  Conforming Uses.  In the residential district, unless otherwise provided in this Ordinance, no building or premises shall be used, and no building hereafter be erected or structurally altered, except for one or more of the following uses:           

1.      A private dwelling, including a manufactured home which is constructed in compliance with Minnesota Statutes Sections 327.31 through 327.35, constructed on or installed upon, and permanently affixed to, a permanent masonry foundation and having at least 720 square feet of floor space on the ground floor level and having a width and depth of at least 20 feet at the narrowest points of the structure.

2.      Crops farming or truck gardening; plant nurseries or greenhouses.

3.      Recreational or community buildings which are publicly owned and operated.

4.      Parks, playgrounds, golf courses, or clubs of not less than forty acres.

5.      Parks, playgrounds, churches, libraries, museums, schools, and memorial buildings, including name plates and bulletin boards, provided these are placed in back of the prescribed set back lines.

6.      Temporary signs, not more than six square feet in area, to be placed in back of the prescribed set back lines.

7.      A single accessory building per Lot except as follows:

a)                  If the principle dwelling does not have an attached garage, then two

Accessory buildings, one of which is an unattached garage, are allowed.

     

b)                  A swimming pool/spa is not considered an accessory building only for       purposes of this Section 3.7

All accessory buildings must comply with the setback requirements in Section 8 of this Ordinance and be on a permanent masonry foundation, except storage sheds of dimensions 10’ x 12’ or less if such stoage shed has a floor 6 inches or more above surrounding ground level which is supported by wood joists treated with preservatives or other suitable materiasl

                                                   

 

 

 

 

CITY OF DANUBE

ORDINANCE #94

 (amended)

 

AN ORDINANCE REQUIRING PROCUREMENT, AND ESTABLISHING PROCEDURES FOR ISSUANCE, OF BUILDING PERMITS; ESTABLISHING BUILDING SETBACK REQUIREMENTS; ESTABLISHING CONFORMING AND NON-CONFORMING USES OF COMMERCIAL AND RESIDENTIAL PROPERTY; AND RESTRICTIONS ON FENCES.

 

 

The Danube City Council does ordain that this ordinance is amended to read as follows:

 

 

Section 4. Residential District.  Conforming Uses. 

 

 8.  If an addition or garage is built unto the house it must be same height or

      lower than the existing roof. If the roof is going to be the same height there must

      be a continuous roof line from the existing building to the new construction.

9.  No accessory building shall be used for dwelling purposes.

 

 

Section 6.  Non-conforming Uses.  Provisions.

 

6.         Farm animals, poultry, wild, exotic animals are prohibited within City limits.

 

 

Section 7.  Fences.

 

            No fence in either the residential or commercial district shall exceed 14’.

 

Section 8.  Setback requirements.

 

2.d)  For corner lots the rear of the property shall be opposite side of the lot

        of the front entrance, legal street address of property. 

 

Section 9.  Building permits.

 

1.      No building permit is required unless there will be a change in dimensions

of the building, roof line, windows, egress windows, cement slabs, patios, driveways, eaves, downspouts, gravel to cement driveway. No building permit  shall be required for normal maintenance such as shingles, painting and siding.

 

 

 

 

 

Section 11. Variances.  Except as provided for a variance of setback requirements as described in Section 8, any application for a building permit which, if granted, would result in non-compliance with the terms of this Ordinance, must also include the written consent of 100% of the property owners within 300 feet of the proposed building activity.  The council can grant a variance if this requirement is met.  If this requirement is not met, the council will instruct the City Clerk to notify those property owners within 300 feet who have not consented advising them of the following information: The date and time of the next regular council meeting, that the council will be considering the request for a variance along with the name and address of the person requesting the variance and the type of variance being requested, and that at this meeting they will have an opportunity to voice their opinion regarding the granting of a variance.  If no one attends this meeting, the council can grant the variance without any further notification.

 

 

 

 

Adopted by the City Council of Danube this 12th day of July, 2006.

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