| PLANNING AND DEVELOPMENT SERVICES |
GENERAL PROVISIONS |
Fences and Hedges
Exterior Storage
Accessory Buildings and Structures
Dwelling Units
Off-Street Parking
| Fences and Hedges | ||||||
| 1. General. | ||||||
| Fences and hedges may be allowed in any zoning district. All fences shall be kept in good repair, painted, trimmed, and well maintained. That side of fence considered to be the face (finished side as opposed to structural supports) shall face the street or abutting property. No private fences or hedges shall be permitted on public right-of-way. Fences or hedges placed within utility easements are subject to removal at the expense of the property owner if required for the maintenance or improvement of the utility. | ||||||
| 2. Commercial/Industrial. | ||||||
| Fences in Business or Industrial districts may be erected to a height of seven (7) feet above finished grade. Barbed wire may be installed at the top. Such fences shall not be permitted in the front yard unless approved by the Planning Commission. | ||||||
| 3. Residential. | ||||||
| Fences in the rear or side yards in residential districts may be constructed right up to the property line, although the City recommends a two (2)-foot setback to allow for fence maintenance. On a corner lot, the rear yard fence shall be set back at least three feet from the right-of-way line on the street side of the lot, and shall be constructed on or behind the existing rear building line. Fences or hedges in the front yard of a principal structure may be no higher than three and one-half feet (3 1/2). In the event a fence or hedge is adjacent to and parallel with the front line (or side lot line on the street side of a corner lot), such fence shall be set back at least one (1) foot from the right-of-way line. Barbed wire fences shall not be permitted in Residential district. | ||||||
| 4. Rear Yard Defined. | ||||||
| For the purpose of interpreting these fence regulations, rear yard shall be defined as that which is on the opposite side of the house from the main entrance (identifiable by the address). | ||||||
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| Exterior Storage | ||||||
| 1. Residential. | ||||||
| In residential districts, all materials, machinery, vehicles, and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining or adjacent lands and the street, except for the following: | ||||||
| a. | Agricultural and landscaping equipment/materials in current use on the premises. | |||||
| b. | Construction materials/equipment in current use on the premises. | |||||
| c. | Automobiles, pickup trucks, motorcycles, recreational vehicles (as per Section 3.H.), boats, snowmobile, all-terrain vehicles, and other recreational equipment. | |||||
| d. | Firewood, neatly stacked, intended for use on the premises. | |||||
| e. | Lawn furniture and play equipment. | |||||
| f. | Dog kennels in the rear or side yard. | |||||
| g. | Covered rigid garbage containers in the rear yard or side yard when fully screened | |||||
| 2. Commercial. | ||||||
| In Limited/General Business and Shopping Center Districts, all materials, machinery, vehicles, and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining or adjacent lands and the street, except for the following: | ||||||
| a. | Landscaping materials/equipment in current use on the premises. | |||||
| b. | Construction materials/equipment in current use on the premises. | |||||
| c. | Motor vehicles with current licenses, provided the vehicles are necessary for the operation of the business. | |||||
| d. | Licensed/unlicensed motor vehicles for sale by authorized dealers. | |||||
| e. | Items/materials which, by their nature, require exterior storage and are offered for sale on the premises. | |||||
| f. | Covered, rigid garbage containers in the rear yard, or side yard when fully screened. | |||||
| g. | Other items, materials, machinery, and equipment as approved by the Planning Commission and Zoning Administrator. | |||||
| 3. Fully Screened Defined. | ||||||
| For purposes of this Ordinance, fully screened shall be defined to mean screened by a fence of at least seventy-five (75) percent opacity, or by a dense planting of sufficient width and density to provide an effective screen. | ||||||
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| Accessory Buildings/Structures | ||||||
| 1. Permit. | ||||||
| No accessory building/structure shall be constructed on a lot prior to the time of construction of the principal building. | ||||||
| 2. Setbacks. | ||||||
| Accessory buildings/structures in the rear yard of a residential lot shall be located no closer than five (5) feet from the side or rear lot line. | ||||||
| 3. Height. | ||||||
| No accessory building in a residential district shall exceed two (2) stories. | ||||||
| 4. Location. | ||||||
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No detached garages or other accessory building/structure shall be located nearer the front lot line than the principal building in residential zones, except where the principal building is at least one-hundred (100) feet from the front line and meets all other setback regulations. |
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| 5. Number. | ||||||
| No residential lot shall contain more than two (2) detached accessory buildings unless the lot exceeds one (1) acre in size. Detached accessory buildings shall not be used for commercial purposes except for home occupations. | ||||||
| 6. Garages. | ||||||
| Only one (1) detached garage with a maximum gross area of one thousand (1,000) square feet shall be permitted in residential districts. No door or access opening shall exceed ten (10) feet in height. The exterior color, design, and materials shall be similar to the principal structure. If not constructed at time of the principal structure, the future garage plans shall be indicated on the general site plan. | ||||||
| 7. Non-residential. | ||||||
| "Accessory" buildings in the Business and Industrial districts may be located any place to rear or side of the principal building, subject to a rear and side yard lot line setback of ten (10) feet. | ||||||
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| Dwelling Units | ||||||
| 1. House Moves. | ||||||
| A house may be moved into the City or from one tract to another within the City providing the structure shall meet all building, plumbing, heating, and electrical codes of the City. This may require completely new systems for the building. The owner may also be required to post a Performance Bond or other security as may be determined by the Planning Commission. The Bond or security would insure that all code requirements would be met and that necessary exterior construction/work would be completed as proposed. Such relocated houses shall require plan approval from the Planning Commission before a building permit is issued. The Zoning Administrator shall give or cause to be given written notice to all abutting property owners of the date, time, and place of the Planning Commission meeting at which plans for relocation of the house will be considered. Such notice shall be mailed at least ten (10) days prior to the meeting date to the persons shown as owners of the abutting real estate by the records in the office of the City of Willmar Assessor. | ||||||
| 2. Prohibited. | ||||||
| No garage, accessory building, recreational vehicle, tent, trailer, or basement of an unfinished dwelling may be used as a dwelling unit. The basement of a house under construction may be used by the owner(s) as a dwelling unit for their family during the construction of the house for a period not to exceed two (2) years. | ||||||
| 3. Business Districts. | ||||||
| Residences or apartments shall be permitted in all Business districts, provided the necessary fire separation between commercial and residential occupancies is maintained, and all Building and Fire Code requirements are met. Parking shall be provided in accordance with the Ordinance (not required in the Central Business District), and setbacks and areas shall be as required in the Business district and not as required in the Residential districts. | ||||||
| Existing homes in Business or Industrial districts shall be given the same consideration as residential uses in transitional zone situations. | ||||||
| 4. Industrial Districts. | ||||||
| No new residences of any kind shall be permitted in the Industrial districts. | ||||||
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| Off-Street Parking | ||||||
| 5. Location. | ||||||
| All accessory off-street parking facilities required by this Ordinance shall be subject to the following regulations: | ||||||
| a. | Parking spaces required by this Ordinance shall be located on the same property as the principle use served. | |||||
| b. | There shall be no off-street parking areas within fifteen (15) feet of any street right-of-way. | |||||
| c. | No off-street parking or drives shall be permitted within the building front yard setback area immediately in front of the principal building width only. This restriction shall not apply to residential driveways situated between the right-of-way and a garage which is attached, or accessory to, a one (1)- to four (4)-family dwelling. | |||||
| d. | Residential lots (R-2 to R-5) or parcels adjacent to Limited or General Business Districts may be used for off-street parking for the adjacent Limited or General Business use, subject to plan approval by the Zoning Administrator. Such parking shall adhere to all setback requirements and shall be screened from adjacent residential districts or uses. | |||||
| e. | No driveway or off-street parking area shall be located closer than five (5) feet from an adjacent side or rear lot line in residential areas, or ten (10) feet in multi-family residential, commercial, or industrial districts. In R-1 and R-2 districts where older and narrower (fifty [50] foot) lots still exist and such setbacks are impractical, this requirement will not apply. In any instance where the five (5) foot setback is not maintained, the driveway/parking area shall be constructed so as to direct runoff away from the side or rear lot lines. | |||||
| f. | No direct access by rows of parking spaces onto public streets or alleys shall be permitted. Internal isles shall be provided. | |||||
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