Section 1. Building Permits Required.
No person, firm, company, corporation, partnership, or business entity may erect or construct any structure of any kind, nature, or description, or add to the outside dimensions thereof, nor relocate any building already constructed, or which may hereafter be constructed, or make a water or sewer connection with the City water or sewer system within the City without first making application to the City Planning and Zoning Commission or the City Council, and procuring a building permit to do so before work is commenced. Said application shall be upon forms approved by the City Council and shall state the exact site to be occupied, the material, dimensions, and estimated cost of the proposed structure, the purpose for which the same is to be occupied, the nature of the sewage to be discharged into the sewer system and the probable time when the work and structure will be completed. Such application shall show affirmatively that all work will comply with every provision of all City ordinances and shall be approved by the City Council following recommendation of the City Planning and Zoning Commission. The application for a permit shall be accompanied by a building permit fee, the amount of which shall be set by the Council by resolution from time to time.
Permits shall not be required in the following instances:
(a) for remodeling of an existing structure; or
(b) when the work to be done does not exceed the cost of $300.
Section 2. Survey and Platting Requirements.
It shall be unlawful to erect, construct, move, or extend the outside dimensions of any building upon lands within the City of Mazeppa unless the following platting and survey requirements shall be complied with:
(a) No building shall be erected, constructed, moved, or have the outside dimensions extended on any lands that have not been platted in lots of a maximum size of one-half acre;
(b) No building shall be erected, constructed, moved, or have the outside dimensions extended on any lands that have not been surveyed and have not had each corner staked. During the erection, construction, moving, or extension of the outside dimensions of any buildings, the staked lot corners shall be readily visible.
Section 3. Lot Size and Setbacks.
It shall be unlawful to erect, construct, move, or extend the outside dimensions of any building within the City of Mazeppa unless the following minimum lot size and building setbacks shall be complied with:
(a) All building setbacks along public streets and highways shall not be less than 25 feet from the existing front lot line.
(b) All building setbacks along interior lot lines other than corner lots shall not be less than 10 feet. All building setbacks along interior lot lines of corner lots that face a street shall not be less than 25 feet.
(c) All newly platted lots from the date of adoption of this ordinance shall have a minimum lot size of 7,200 square feet.
(d) Fences and retaining walls less than 6 feet in height shall be set back at least 12 feet from the front lot line adjacent to existing streets and highways.
(e) All building setbacks along a public alley shall not be less than 10 feet from the existing lot line with the alley.
For purposes of this ordinance, “setbacks” shall be defined and computed as follows:
(a) Front yard: A yard extending between side lot lines across the front of a lot adjoining a public street is defined as a front yard. Measurements shall be taken from the nearest point of the front wall of the building to the edge of the existing front lot line adjacent to the street. Depth of the required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of a rounded property corner at street intersections shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel. Where one of the front yards which would normally be required on a lot is not in keeping with the prevailing yard pattern of adjoining properties, the City Council may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of a half depth required generally for front yards in a district shall be provided on the other frontage. In the case of reverse frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. In the case of corner lots with more than 2 frontages, the City Council shall determine the front yard requirements, subject to the following limitations:
1) At least one front yard shall be provided having the full depth required generally in the district.
2) No other front yard on such lot shall have less than half the full depth required generally.
(b) Side Yard: A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street defines side yard. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards.
(c) Rear Yard: A yard extending across the rear of the lot between inner side yard lines is a rear yard. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
Cornices, canopies, or eaves may extend into the required yard a distance not exceeding 2 feet, 6 inches. Fire escapes may extend into the required front yard a distance not exceeding 4 feet, 6 inches. A landing place or uncovered porch may extend into the front yard to a distance not exceeding 6 feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than 3 feet may be placed around such place.
Section 4. Variances.
Where the City Council of the City of Mazeppa finds that an extraordinary hardship may result from the strict compliance with this ordinance, it may grant a variance to the ordinance and its regulations so that substantial justice may be done, and the public interest secured, provided that a public hearing on the matter has been held before the Planning and Zoning Commission or before the City Council, and the City Council has approved the variance by majority vote upon motion. The City Clerk shall tax costs for a public hearing before the Council or the Planning and Zoning Commission where those individuals who request such a hearing substantially benefit from a public hearing for a variance or amendment to the Planning and Zoning Regulations Ordinance. If a special meeting of the City Council is requested, an additional fee shall be required. The costs and fee referred to in this section shall be set by resolution of the City Council.
Section 5. Violations.
Any person or persons violating the provisions of this ordinance, or neglecting or refusing to secure a permit, or who proceeds upon the refusal of a permit by the City of Mazeppa shall be guilty of a misdemeanor.
Section 6. Legal Action.
The City of Mazeppa may, in addition to prosecuting violations as criminal matters, take such legal action as it desires to enjoin, manditorily, or prohibitorily, any action which violates the provisions of this ordinance.