18.06     Dwelling Unit Restrictions

1.         No basement, except when used as a portion of the living space of the family, or as an   earth sheltered home, cellar, garage, tent or mobile home, or accessory building shall at any time be used as a residence or dwelling unit, temporarily or permanently except as elsewhere allowed in this Ordinance.

2.         Except in the case of planned unit developments provided in Section 12 of this Ordinance, not more than one (1) principal building shall be located on a lot.

3.         On a through lot (a lot fronting on two (2) parallel streets) or a corner lot, both street lot lines shall be front lot lines for applying yard and parking requirements.

18.07   General Performance Standards

1.         All sewage facilities shall be connected to community sewer facilities when available.  Where sewers are not constructed or in operation, all sewage facilities shall be connected to approved septic tanks and dis­posal fields.  This provision shall not apply to temporary   construction sites, or portable units.

2.         Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets.  Direct or sky-reflecting glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property.  The source of lights shall be hooded or controlled in some manner so as not to light adjacent property.  Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way.

3.         The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-1-15 and as   subsequently expanded, modified or amended.

4.         Dust and other particulated matter.  The emission of dust, fly ash or other particulated    matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC-1-15 and as subsequently expanded, modified, or amended.

5.         Odors.  The emission of odorous matter in such quantity as to be of­fensive shall not be   permitted.  The emission of odor by any use shall be in compliance with and regulated by     the State of Minnesota Pollu­tion Control Standards, Minnesota Regulation APC1-15 and as subse­quently expanded.

6.         Noise.  All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the minimum standards established by the State of Minnesota, Regulations NPCl, 2 and 4.

18.08   Height and Yard Exceptions

1.         Chimneys, cooling towers, elevator bulk head, fire towers, drive-in movie theater screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio or television towers, monuments, cupolas, steeples and mechanical appurtenances pertaining to and necessary to the permitted use of the district in which they are located, shall not be included in calculating the height of the principal structure.  Solar collectors will be considered on an individual basis as a variance as set forth in Section 19.0.

2.         Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, boiler flues and other similar projections shall be considered as part of the building and not      allowed as part of the required space for yards, courts or unoccupied space.  However, this provision shall not apply to a fireplace or chimney, not more than eight (8) feet in length and projecting not more than thirty (30) inches into the allowable side yard space. This shall also not apply to unenclosed porches or other ground level unenclosed projections which may extend into a front or rear yard not more than six (6) feet, or into a side yard not more than three (3) feet.

18.09   Non-Conforming Uses

1.         The lawful use of a building or structure existing at the time of the adoption of this Ordinance may be continued although such use does not conform with the district provisions herein.

2.         A non-conforming use may be extended throughout the building or structure, provided no structural alterations or changes are made therein, except those required by law or ordinance or such as may be required for safety, or such as may be necessary to secure or insure the continued advantageous use of the building during its natural life.

3.         Any non-conforming building or structure damaged more than fifty (50) percent of its estimated market value as shown on the current years tax statement, exclusive of   foundations at the time of damage by fire, collapse, explosion or acts of God or public enemy, shall not be restored or reconstructed and used as before such happening, but, if less than fifty (50) per­cent damaged above the foundation, it may be restored, reconstructed or used as before provided that it is done within twelve (12) months of such happening and that it be built to current building codes and  approved by the Planning Commission.

4.         A non-conforming use cannot be changed to a comparable non-conforming use.  Whenever a non-conforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a     non-con-forming use of less restricted district.

5.         In the event that a non-conforming use of any building or building and land is discontinued for a period of two (2) years, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.

6.         Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.

7.         Any proposed structure which will, under this Ordinance, become non-conforming but for which a building permit has been lawfully granted prior to the effective date of this Ordinance, may be com­pleted in accordance with the approved plans, provided construction is started within sixty (60) days of the effective date of this Ordinance, is not abandoned for a period of more than one hundred twenty (120) days and continues to completion within two (2) years. Such structure and use shall thereafter be a legally non-conform­ing structure and use.