07-056-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTIONS 50-52 AND 50-55.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED; REGULATING THE USES IN S AND S-2 SUBURBAN RESIDENTIAL DISTRICTS.

BY COUNCILOR STAUBER:

The city of Duluth does ordain:

     Section 1. That Section 50-52 of the Duluth City Code, as amended, is amended to read as follows:

Sec. 50-52.Permitted uses.

     A building or premises in the S suburban district shall be used only for the following purposes:

     (a)  Agricultural uses, such as field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, or chards, aviaries and apiaries, including a greenhouse and a sales room for the sale of products grown on the premises;

     (b)  Farms devoted to the hatching, raising and marketing of poultry, rabbits and other small animals, fish and other creatures; provided, that no killing or dressing of poultry, rabbits or other small animals, fish or creatures shall be permitted, other than the animals, fish or creatures raised on the premises and that such killing or dressing is done in an accessory building located not less than 200 feet from any lot line;

     (c)  Farms for grazing, breeding and raising horses, cattle, sheep, dogs or goats and goat or cattle dairies; provided, that all buildings and enclosures, including fences, for the feeding, breeding or milking, but not including pasturing and grazing, of such animals be located not less than 200 feet from any lot line;

     (d)  One-family dwelling;

     (e)  Church or other place of worship or Sunday school;

     (f)  Public school, elementary and high, parochial school or private school having a curriculum similar to that ordinarily given in public schools and having no rooms regularly used for housing or sleeping purposes, except staff quarters, when located on the premises for the school;

     (g)  Universities and colleges;

     (h)  Publicly owned or operated forest reserve, park, playground or community building;

     (i)  Country club or golf course, except a miniature course or driving range for commercial purposes;

     (j)  Kennel, veterinary hospital or riding stable; provided, that any building or enclosure so used shall be located not less than 100 feet from any lot line;

     (k)  Hospital or institution of an educational, religious, charitable or philanthropic nature; provided, that such buildings shall occupy not more than ten percent of the total area of the lot and shall be set back from all yard lines a distance of not less than two feet for each foot of building height;

     (l)  Home occupation;

     (m)  Seasonal camp or cabin, buildings to be located not less than 200 feet from a R district;

     (n)  One roadside stand offering for sale only farm products produced on the premises; provided, that such stand does not exceed an area of 200 square feet and that it is located not nearer than 25 feet to any street or highway;

     (o)  Accessory building or use, customarily incident to the above uses; provided, that any such accessory building shall be erected at the same time or after the construction of the principal building. erected prior to the construction of the principal building shall comply with the following conditions:

           (1)  That the construction of the principal building shall be completed and the certificate of occupancy for such principal use issued within two years of issuance of the building permit for the accessory use; and

           (2)  That prior to issuance of a building permit for such accessory use, a building demolition bond approved by the city attorney and in an amount sufficient to demolish such accessory structure be filed with the building official; and

           (3)  That the owner execute a license, in a form approved by the city attorney, authorizing the city to enter upon the real property for the purpose of demolishing such accessory structure in the event a principal structure is not completed as required by this Section.

     One wind energy conversion system shall be permitted as an accessory use, provided that the tower shall be set back from all property lines a distance equal to or greater than the tower height as measured from the base of the tower, but in no case shall tower height exceed 130 feet;

     (p)  Residential care facility serving six or fewer persons;

     (q)  Day care facility serving 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children.

     Section 2. That Section 50-55.1 of the Duluth City Code, as amended, is amended to read as follows:

Sec. 50-55.1.    Permitted uses.

     A building or premises in the S-2 suburban residential district shall be used only for the following purposes:

     (a)  One-family dwelling;

     (b)  Agricultural uses primarily for home consumption, such as domestic gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards, aviaries and apiaries, including a greenhouse, but not including a salesroom or roadside stand;

     (c)  Publicly owned or operated forest reserve, park, playground or community building, museum, library or art gallery; provided, that any such building shall be located not less than 25 feet from any side lot line;

     (d)  Church or other place of worship or Sunday school; provided, that any such building shall be located not less than 25 feet from any side lot line;

     (e)  Public school, elementary and high, university, college, parochial school or private school having a curriculum similar to that ordinarily given in public schools; provided, that any such building shall be located not less than 40 feet from any side or rear lot line; and provided further, that there shall be no rooms regularly used for housing or sleeping purposes, except staff quarters when located on the premises for the school;

     (f)  Golf club grounds with an area of not less than 30 acres. A miniature course or practice driving tee operated for commercial purposes is not permitted;

     (g)  Home occupation;

     (h)  Subject to the provisions of Section 50-24, accessory building or use, including a private garage customarily incident to the above uses, but not involving the conduct of a business; provided, that any such accessory building shall be erected at the same time or after the construction of the principal building erected prior to the construction of the principal building shall comply with the following conditions:

           (1)  That the construction of the principal building shall be completed and the certificate of occupancy for such principal use issued within two years of issuance of the building permit for the accessory use; and

           (2)  That prior to issuance of a building permit for such accessory use, a building demolition bond approved by the city attorney and in an amount sufficient to demolish such accessory structure be filed with the building official; and

           (3)  That the owner execute a license, in a form approved by the city attorney, authorizing the city to enter upon the real property for the purpose of demolishing such accessory structure in the event a principal structure is not completed as required by this Section;

(i)Residential boat dockage under the following conditions:

           (1)  General provisions:

                 (A)  Dockage of boats owned and primarily used by a resident of the property in question is a permitted accessory use to the primary residential use and shall not be limited in number;

                (B)  The rental or use of boat dockage spaces on property on which there is a residential structure by owner of boats not residing on the property in question is a permitted accessory use to the primary residential use, but only if such rental or use is limited to two boats, for every residence having frontage on an improved street;

                 (C)  The boat dockage use of a property that is not residentially developed is permitted as a principal use provided that:

                       1.   The use is limited to one boat for each lot or group of contiguous lots in the same ownership; and

                       2.   The boat is owned and primarily used by the owner of the property;

           (2)  Off street parking. For each new rental boat dock space created or made legal after April 14, 1974, one off street parking space shall be provided in addition to all other off street parking spaces required by other legal uses of the property, such spaces to be constructed in accordance with Article III (off street parking and loading requirements) of this Code [Chapter];

           (3)  Proof of adherence to Code. At the request of the city building inspector or zoning inspector, the owner of property shall promptly provide boat registration or other documentary evidence to prove adherence to this Code;

           (4)  Commercial use prohibitions. No buildings other than residential or residential accessory structures, no winter storage of boats other than those owned by a resident of the property in question, no repair facilities, fuel sales, food or refreshment sales, rentals of boats, boat or parts sales or displays, and other commercial uses shall be permitted;

     (j)  One wind energy conversion system shall be permitted as an accessory use, provided that the tower shall be set back from all property lines a distance equal to or greater than the tower height as measured from the base of the tower, but in no case shall tower height exceed 130 feet;

     (k)  Bed and breakfast inn containing no more than 12 habitable units, provided a special use permit is secured according to the procedures set forth in Article IV.

     Section 3. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance amends Sections 50-52 and 50-55.1 of the Zoning Code regulating the permitted uses in S and S-2 zones. The amendment would authorize the construction of an accessory building prior to construction of a principal structure and establish the conditions under which such construction may proceed.