Subd. 1. Intent. These performance standards are designed such to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. These standards are also designed to eliminate blight. All future development in all districts shall be required to meet these standards. These standards shall also apply to existing developments where stated.

Subd. 2. Glare. Any lighting used to illuminate an offstreet parking area, sign or other structure shall be arranged so as to deflect light away from adjoining residential districts or from public streets.

Subd. 3. Storage and disposal of chemicals. All commercial and industrial uses associated with the bulk storage of oil, gasoline, liquid fertilizer or other hazardous materials shall require a conditional use permit and compliance with all state and local life safety agency regulations in order that the council may have assurance that fire, explosion, or water or soil contamination hazards are not present that would be detrimental to the public health, safety, and welfare. All disposal operations shall be in compliance with appropriate state, county, and federal regulations.

Subd. 4. Nuisances. No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust, or other adverse influences shall be permitted that will in any way have an objectionable effect upon adjacent or nearby property.

A.

Prohibited noises and acts. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety or welfare of any persons, or precludes their enjoyment of property, or adversely affects their property's value. A person guilty of violating this section is guilty of a misdemeanor.

The noises and acts set forth in the following subsections are declared to be prohibited noises in violation of this ordinance, but such enumeration shall not be deemed to be exclusive:

1)

Horns and signaling devices. No person shall sound any horn or signaling device on any vehicle, except as a warning of danger, as required by M.S.A. § 169.68;

2)

Radios, phonographs, paging systems, and similar devices. No person shall use or operate, or permit the use or operation of, any electronic sound system or audio equipment including, but not limited to, any compact disc player, cassette tape player, AM-FM radio, citizen band radio, paging system, musical instrument, phonograph, or any other device designed for the production or reproduction of sound, in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby.

a.

It shall be presumed that a violation of this section has occurred when any electronic sound system or audio equipment is operated in a manner in which it is plainly audible, at a distance of 50 feet or more, between the hours of 10:00 p.m. and 7:00 a.m. It shall be presumed that a violation of this section has occurred when any electronic sound or audio equipment is operated in a manner in which it is plainly audible, at a distance of 100 feet or more, between the hours of 7:00 a.m. and 10:00 p.m.;

b.

When noise violating this section is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the driver of the vehicle and the person who owns, or is in control of, the vehicle may be guilty of the violation;

c.

This section shall not apply to sound produced by the following:

i.

Amplifying equipment used in connection with activities which are authorized, sponsored or permitted by the city, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity;

ii.

Church bells, chimes or carillons, school bells, or emergency civil defense warning signals;

iii.

Antitheft devices;

iv.

Machines or devices for the production of sound on or in authorized emergency vehicles;

3)

Loudspeakers, amplifiers for advertising. No person shall operate or permit the use of operation of any electronic sound system, audio equipment, loudspeaker, sound amplifier, or any other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle;

4)

Exhausts. No person shall discharge or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device which effectively prevents loud or explosive noises which complies with all applicable state laws and regulations;

5)

Construction-related activities. No person shall engage in the following activities between the hours of 10:00 p.m. and 7:00 a.m. daily:

a.

Construction, installation and maintenance of utility and street projects;

b.

Operation of tools and domestic maintenance equipment powered by external air compressors or internal combustion engines including, but not limited to, use of lawn mowers, hedge clippers, chain saws, garden tillers, or other similar domestic power maintenance equipment. Snow removal and street sweeping equipment are exempt from this subsection;

c.

Repair and servicing of vehicles or other equipment where the noise from that activity is audible beyond the property lines on which the repair or servicing is being conducted;

d.

Exterior construction, remodeling, repair or maintenance of structures;

e.

Exceptions: The performance of city or state authorized, sponsored, or licensed work to preserve the public health, safety or welfare, or in the performance of work necessary to restore public service or eliminate a public hazard shall be exempt from the restricts of this section. Any person responsible for such work shall take all reasonable actions to minimize the amount of noise;

6)

Noisy parties and gathering. No person shall permit or participate in any party or other gathering of people, on public or private property, giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. It shall be presumed that a violation of this section has occurred when any noise from a gathering is plainly audible, at a distance of 50 feet or more, between the hours of 10:00 p.m. and 7:00 a.m.:

a.

When a police officer has probable cause that a violation of this section has occurred the officer may order all persons present, other than the owner or tenant of the premises, to disperse and leave the premises immediately. It shall be a violation of this section for any person to refuse to leave after being so ordered by the police officer;

b.

Exceptions. The following are exempt from violation of this section:

i.

Activities which are duly authorized, sponsored or licensed by the city, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity;

ii.

Persons who have gone to a party for the sole purpose of abating the violation.

7)

Penalty. A person guilty of violating this section is guilty of a misdemeanor.

B.

Emission of smoke. It is unlawful for any person owning, or in charge of, or operating any fuel burning, refuse burning, combustant, or process equipment, process device, portable boiler, stacks, vents on premises, to cause, suffer, or allow emission or discharge of smoke from any single such source into the atmosphere, the appearance, density, or shade of which is darker than number 1½ on the Ringleman Chart.

C.

Emission of particulate matter. It is unlawful for any person to cause or allow the emission of particulate matter from any process, including any material handling or storage activity, that is visible beyond the property line of the emission source.

D.

Toxic and noxious matter. No use shall discharge across the boundaries of the lot where it is located, toxic, odorous or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause appreciable injury or damage to property or business.

E.

Storage of vehicles. It is unlawful for any person to storage [store] or keep any vehicle of any type requiring a license to operate on a public highway but without a current license attached, whether such be dismantled or not, outside of any enclosed building.

Subd. 5. Land reclamation.

A.

Land reclamation under this subdivision is the reclaiming of land by depositing of clean fill materials so as to elevate the grade of said land.

B.

Clean fill material shall be defined as rock, gravel, sand, dirt, clay, or other like and similar nondecomposable material.

C.

Land reclamation shall be permitted in all zoning districts, on any lot or parcel except that when 100 or more cubic yards of fill is to be deposited on any lot or parcel, or if the stormwater runoff pattern is altered, a conditional use permit shall be required.

D.

In addition to whatever conditions or restrictions that may be attached to any conditional use permit, the following data and standards shall be included in each application:

1.

Site plan showing existing and proposed grade elevations and effect of stormwater drainage on adjacent areas.

2.

A time shall be specified by the applicant as to when, in the applicant's best judgment, the land reclamation project will be completed.

3.

The granting of the conditional use permit may be based on the consideration that peat be removed from the proposed land reclamation area prior to any fill being deposited.

4.

That within 60 days after the deposit of said fill material, the area shall be covered with a minimum of 12 inches of clean, native earth fill, and the depth of fill shall be controlled to blend with the surrounding ground conditions.

5.

That all entrances to any land reclamation project be properly safeguarded with a barricade to prevent the general public from depositing garbage or other refuse in the land reclamation project.

6.

Any and all land reclamation projects in existence on the effective date of this ordinance shall comply within 60 days after notice being served on the recorded fee owner of said property to be used in any land reclamation project.

Subd. 6. Drainage.

A.

No land shall be developed or altered and no use shall be permitted that results in surface water runoff causing unreasonable flooding, erosion or deposit of minerals on adjacent properties or waterbodies. Such runoff shall be properly channeled into a storm drain, a natural watercourse or drainageway, a ponding area or other public facility.

B.

The building inspector, upon inspection of any site which has created drainage problems or could create drainage problems with proposed new development, may require the owner of said site or contractor to complete a grading plan.

C.

The owner or contractor of any natural drainage improvement or alteration may be required by the building inspector or planning commission to obtain recommendations from the Minnesota Department of Natural Resources, the soil conservation district, affected watershed district, and/or city engineer.

D.

On slopes in excess of 12 percent where, in the opinion of the building inspector, the natural drainage pattern may be disturbed or altered, the building inspector may require the applicant to submit both a grading plan and a soil conservation plan prior to applying for a building permit.

Subd. 7. Landscaping.

A.

All developed, improved, or built upon lots or parcels shall be landscaped. Landscaping on a lot shall consist of a finish grade and a soil retention cover such as sod, seed and mulch, or plantings to protect the soil and aesthetic values on the lot and adjacent property.

B.

In all districts, all developed uses shall provide soil retention from street edge to the road right-of-way lines. This area shall be kept clear of all structures, exterior storage and off-street parking.

C.

Landscaping shall be provided and maintained on all required front and side yards in all developed districts except where pavement or crushed stone is used for walkways or driveways.

Subd. 8. Lot provisions.

A.

Any lot of record existing upon the effective date of this ordinance in a residential district, which does not meet the minimum requirements of this ordinance as to area or dimensions, shall conform to the provisions of section 3, subd. 5[c] of this ordinance.

B.

If in a group of contiguous created and/or platted lots under single ownership, any individual lot that does not meet the minimum requirements of this ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots and/or parcels under the same ownership so that the cumulation of lots will equal one or more parcels of land, meeting the minimum requirements of this ordinance.

C.

Any lot, group of lots, or created parcels created by any means after the effective date of this ordinance, for the purpose of erecting a structure, must be approved by the council. The plan for such subdivision shall be submitted in accordance with the city's subdivision regulations.

D.

No more than one principal building shall be located on a lot.

E.

On a corner lot, both street lines shall be front lines for applying the yard and parking requirements of this ordinance.

F.

The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth, which may cause danger or traffic on a street or public road by obscuring the view. On corner lots, in any district, no structure or planting in excess of 30 inches above the curb line shall be permitted within a triangle defined as follows: "Beginning at the intersection of the project curb line of the two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the curb line, thence to the point of beginning."

Subd. 9. Screening.

A.

Screening shall be required where:

1.

Any off-street parking area contains more than four parking spaces and is adjoining a residential district; and,

2.

Where the driveway to a parking area of more than six parking spaces is adjoining a residential district.

B.

Where any business or industrial use (structure, parking or storage) is adjacent to a property zoned residential, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business, parking lot or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front.

D.[C.]

The screening required in this subdivision shall consist of earth mounds, berms or ground forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as timbers) used in combination or singularly so as to block direct visual access to an object.

Subd. 10. Tree and woodland preservation.

A.

Structures and other amenities shall be located in such a manner that the optimum number of trees shall be preserved.

B.

Forestation, reforestation, or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape.

Subd. 11. Site plans.

A.

[Generally.] All building construction for commercial, industrial, or multiple dwellings shall be accompanied by a complete site plan, showing the proposed use of the balance of the property. The plan shall show waste disposal, water supply, drainage, ingress and egress, landscaping, screening, and other supportive and pertinent data. Distances to surrounding buildings must also be shown on the site plan. All building permits shall be issued by the zoning administrator following his and the building inspector's review of the site plan for conformity with the city's present development codes and comprehensive plan. If the building permit application involves the approval of a zoning amendment, variance, or conditional use permit, no building permit shall be issued until the planning commission and council have taken appropriate approving action.

B.

[Requirements of plans.] Preliminary plans required:

1.

Certificate of survey. The certificate of survey shall be drawn at a scale of one inch equals 50 feet. The certificate of survey shall indicate all existing structures and site improvements.

2.

Preliminary site plan. The preliminary site plan shall be drawn at a scale of one inch equals 50 feet. The submission may be composed of one or more sheets and drawings and shall include the location of all proposed buildings and their proposed uses; location of driveways and parking areas; indicate front, rear, and side yard setbacks proposed; location of all easements, width and purpose; location and size of existing public improvements adjacent to the lot site, including sanitary sewer, water main, and storm drainage location and size of existing buildings and structures on site and within the district of 100 feet of the site; existing zoning and land use; location of refuse areas; location of outdoor storage areas; locations and specifications of signs; location and type of lighting.

3.

Landscape plan. The landscape plan shall be prepared at a scale of one inch equals 50 feet and shall include the following information:

(a)

General. Name and address of the developer/owner, name and address of architect/designer, date of plan preparation, date and description of all revisions, name of project or development, scale of plan, north point indication.

(b)

Site analysis. Boundary lines of property line with dimensions based upon certified survey, name and alignment of proposed and existing adjacent on-site streets, location of all proposed utility easements and right-of-way, location of existing and proposed buildings, topographic contours at two-foot contoural intervals, location of parking areas, water bodies, proposed sidewalks, and percent of site not covered by structures.

(c)

Landscape data. Identification of both sodded and seeded areas with respect to any areas indicated in square footage. Identification of types, size, and location of plant materials, fences, walls, berms, and other landscape improvements.

(d)

[Cross-section.] Where landscape or manmade materials are used to provide required screening from adjacent and neighboring properties, a cross-section shall be provided at a legible scale illustrating the prospective of the site from the neighboring property and property line elevation.

4.

Grading and drainage plan. The grading and drainage plan shall be drawn at a scale [of] one inch equals 50 feet and shall contain the following information:

(a)

Existing and proposed grades with a minimum of two-foot contour intervals to a known sea level datum;

(b)

Sufficient spot elevations on all proposed hard surface areas;

(c)

Estimated runoff of the area based upon 10- and 100-year storm events;

(d)

Provisions to carry runoff to the nearest adequate outlet, such as a storm drain, natural drainageway, or street;

(e)

Location of any proposed ponding areas, indicating the size and depth of the pond and amount of acre feet of water to be stored;

(f)

Finished floor elevations of all buildings;

(g)

Identification of soil conditions by type and location, including identification of the water table and suitability of soil for proposed development;

(h)

Identification of any areas located within a flood hazard zone as identified by the city's floodplain maps.

5.

Floor plans and elevations. All floor plans and elevations shall be drawn to a legible scale and include the following information:

(a)

Floor plans indicating square footage and dimensions of all proposed rooms and areas identifying the proposed uses;

(b)

Elevations of the proposed building.

C.

Preparation of plans. Site plans shall be prepared by a registered architect, civil engineer, landscape architect or land surveyor.

Subd. 12. Exterior storage.

A.

In all residential districts, all personal property shall be stored within a building or be fully screened so as not to be visible from adjoining properties and public streets.

B.

In nonresidential districts, all exterior storage shall be screened. The exceptions are:

(1)

Merchandise being displayed for sale;

(2)

Materials and equipment currently being used for construction on the premises;

(3)

Merchandise located on service station pump islands.

C.

In nonresidential districts, up to three commercial vehicles such as delivery and service trucks up to 11,075 pounds of gross weight may be parked without screening if such vehicles relate to the principal use. Construction equipment, trailers, and vehicles over 11,075 pounds shall require screening.

D.

In all districts, the council may order the owner of any property to cease or modify open storage uses including existing uses, providing it is found that said use constitutes a threat to the public health, safety, convenience, or general welfare.

Subd. 13. Use and parking of mobile homes, travel trailer and similar vehicles for business or industry. No mobile home, travel trailer, motor home, camper, or similar vehicle may be used for office, business, industrial manufacturing, testing, or storage of items used with or in a business, commercial or industrial enterprise.

Subd. 14. Parking or storage of motor home or travel trailer. One travel trailer, motor home, camper, or similar vehicle may be parked or stored on a residential site when used by the family residing in the dwelling on such site. Such vehicles or items shall have affixed thereto current registration or license plates as required by law and shall be stored so that same shall meet all side, front and rear yard setback requirements of the residential district of this ordinance and such parking or storage shall otherwise meet all other requirements of any other city ordinance provision and state laws. None of such parked or stored vehicles or items shall be connected to any water or sewage disposal system on said residential property where same is so parked or stored.

Subd. 15. Temporary parking of recreational vehicles. Temporary parking and occupancy of one recreational vehicle per residential parcel shall be allowed for nonresidents of the city for a maximum of a 14-day period in any one year if such parking and occupancy otherwise complies herewith. Any such occupancy as stated in this subdivision shall be only for noncommercial use with no fee paid to the landowner, occupant or renter.

Subd. 16. Fences.

A.

Purpose. The purpose of this subdivision is to promote a pleasant physical environment and to protect the public and private property within the city by regulating the location, height, type of construction, and maintenance of all fences.

B.

Definitions.

1.

Fence. A fence is defined as any structure, partition or enclosure of wood, iron, metal, or other material enclosing or dividing a piece of land. For the purpose of this subdivision, a fence shall not include naturally growing shrubs, trees or other foliage.

2.

Boundary fence. A boundary fence is any fence on or near the property line.

3.

Privacy fence. A privacy fence is any fence used for screening of outdoor living areas and for enclosures where restricted visibility or protection is desired.

C.

Permit required.

1.

A building permit is required for all fences.

2.

Fence to be erected on property line [shall] require the written permission of the abutting property owner to be filed with the zoning administrator.

3.

No nonresidential fence shall be erected or substantially altered in the city without securing a permit from the zoning administrator. All such permits shall be issued upon a written application which shall set forth the type of fence to be constructed, the material to be used, height, and exact location of the fence.

D.

Location of fences.

1.

Fences, when constructed to enclose any lot or tract of land, shall be located in such a way that the entire fence shall be on the property of the owner, posts and framework shall be placed within the property lines of the owner and the actual fencing material, such as wire, lumber, pickets, etc., shall be placed on the side of the fence which faces the street or the adjacent property.

2.

No fences shall be allowed or constructed on street rights-of-way. Fences may be placed on public utility easements so long as the structures do not interfere in any way with existing underground or overground utilities. Further, the city or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged or destroyed by virtue of the law use of said easement.

E.

Construction and maintenance.

1.

Every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition which would constitute a public nuisance or a dangerous condition. If such a fence is allowed to become and remain in such condition, the zoning administrator is authorized to notify the owner or owner(s) of such fences of the condition and allow ten days in which to repair or demolish the fence.

2.

Link fences, wherever permitted, shall be constructed in such a manner that the barbed end is at the bottom of the fence.

3.

No barbed wire fences shall be allowed on private property in residential zones. No barbed wire fences shall be allowed on private property in business or industrial zones where the property lines of such property abut lots or parcels adjacent to residential districts.

4.

All fences shall be constructed in conformity with the wind, stress, foundation, structural and other requirements of the state building code.

F.

Residential district fences. In residential districts, no fence may exceed five feet in height above the ground level, in front of the front line of the residential structure, along any street or highway right-of-way, or in the front yard as defined by this ordinance. In such districts, fences along the side lines to the rear of the front line of the residential structure and along the rear line, including rear lines abutting street or highway right-of-way zones, may not exceed six feet in height above ground level. The required front yard of a corner lot shall not contain any fence which may cause danger to traffic on a street or public road, by obscuring the view. On corner lots, no fence shall be permitted within a triangular area defined as follows: "Beginning at the intersection of the projected curb line of two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the other curb line, thence to the point of beginning."

G.

Commercial and industrial fences. In business and industrial zones, fences may not exceed eight feet in height above the ground level, and the use of barbed wire is prohibited, except that the top one foot of any fence along side or rear lot lines in these zones may be constructed of barbed wire. Barbed wire shall not be used, installed or constructed on fences fronting any street, or when adjacent to any residential district. The owners of fences must take reasonable precautions to protect the public from injuries incurred in accidental contact.

H.

Swimming pool fences.

1.

A fence, hedge, barrier or retaining wall, constructed or placed for the purpose of limiting access to outdoor swimming pools, and which otherwise complies with city ordinance provisions and regulations, may exceed the height limitations provided in subparagraph F of this subdivision.

2.

Fences shall be at least four feet in height for all pools of less than four feet in elevation above the ground. The bottom of the fence shall not be more than four inches from the ground. Fences shall be of a noncorrosive material and shall be constructed so as to not be easily climbable. All fence openings or points of entry into the pool area enclosure shall be equipped with gates or doors that have self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to small children.

I.

Special purpose fences.

1.

Fences for special purpose and fences differing in construction, heights, or location may be permitted in any commercial or industrial district in the city, only by issuance of a special fence permit approved by the council after a recommendation by the planning commission, and upon evidence that such special purpose fence is necessary to protect, buffer, or improve the premises for which such fence is intended.

2.

The approval of such buffer fences may include stipulations as to the material, height, or location of such special purpose fences.

J.

Nonconforming fences. All existing fences, on the effective date of this ordinance, which are not in violation of this subdivision and are not located within a public right-of-way, but which violate other sections of this ordinance, may be continued to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations be continued.

Subd. 17. Permitted encroachments—Yards. For the purpose of this ordinance, the following shall be considered as permitted encroachments within the yards indicated:

A.

In any yard: overhanging roof eaves, open terraces, marquees, flues, sills, lintels, pilasters, cornices, gutters, open canopies, and awnings attached to the principal building, not to exceed 50 percent of the depth of the front or rear yards or 50 percent of the width of the side yards. Chimneys, flag poles, ornamental features, sidewalks, fences, landscaping, posts, or other similar amenities.

B.

Yard lights and nameplate signs in residential districts, provided such lights and signs are three feet or more from all lot lines. Lights for illuminated parking and loading areas or yards for safety and security purposes may be provided where necessary, provided that the glare is not visible from public rights-of-way or adjacent residential property.

C.

In front yards, balconies may extend a distance of four feet or less, provided they are seven feet or more above the grade at the building line. Patios or decks may extend a distance of eight feet or less.

D.

In rear yards, balconies, breezeways, detached picnic shelters, swimming pools, recreational equipment, landscaping, driveways, steps, stoops, uncovered porches, patios, picnic tables, open arbors, trellises, laundry drying equipment, detached outdoor living room and outdoor eating facilities, provided they are not less than five feet from any lot line.

E.

Encroachments in any yard that abut a public or private street, shall be considered as permitted encroachments, as outlined above, except that no encroachment shall be permitted within present or proposed street right-of-way lines.

F.

On corner lots, in any district, encroachments are not permitted in excess of 30 inches above the curb line in a triangular area defined as follows: "Beginning at the intersection of the projected curb line of two intersecting streets, thence 30 feet from the point of beginning on the other curb line, thence to the point of beginning."

Subd. 18. Home occupations.

A.

Intent. To provide peace, quiet, and domestic tranquility within all residential neighborhoods, within the city, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas, and to protect the public health, safety, and general welfare of the residents of the city.

B.

Definition. A home occupation is defined as any business or commercial activity that is conducted from property that is zoned for residential use.

C.

[Home occupation standards.] Home occupations shall conform to the following standards:

1.

No interior or exterior business sign shall be permitted unless authorized by the sign regulations for residential districts.

2.

There shall be no exterior storage of business equipment, materials, merchandise, inventory or heavy equipment.

3.

Vehicular traffic flow and parking within the driveway shall not increase by more than four additional vehicles at a time.

4.

All parking related to the home occupation shall be off-street and within the driveway.

5.

Any manufacturing business or activity which produces noxious matter or perceptible noise or is visible beyond the lot line is prohibited.

6.

[The home occupation] shall not constitute a fire hazard to neighboring residences, will not adversely affect neighboring property values, nor constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors or other circumstances.

7.

The home occupation shall be carried out by a member of the family residing in the dwelling unit.

Subd. 19. Manufactured homes.

A.

The placement of manufactured homes within the city is authorized in all residential zones if such homes comply with the following conditions:

1.

Such homes shall comply with all zoning regulations for the residential zone in which they are located.

2.

A building permit and any other required permits shall be obtained for such manufactured homes.

3.

No such home shall have ground floor space of less than 960 square feet.

4.

No such home shall have a width of less than 22 feet.

5.

A permanent foundation of concrete, concrete block or wood, or pier foundation configuration, or engineered concrete slab, with an appropriate anchoring system as specified by the manufacturer of the home and approved by the Uniform Building Code chapter 1350.2500-3800 as adopted in the State of Minnesota is required. Permanent foundations and pier foundation configurations must be of sufficient design to cope with existing soil conditions and have frost footings of at least 60 inches.

6.

Any such manufactured homes shall have finish work construction from the lowest part of the frame of such home to the ground or concrete which is consistent with manufacturer specifications and Uniform Building Code with respect to ventilation and access panels. Any exterior finishing material shall be of a type consistent with manufacturer specifications and that any siding used shall be of a conventional exterior residential dwelling-type material. Sheet metal siding of a non-residential type is prohibited.

7.

Such homes shall have a pitched roof covered with shingles or tile and have eaves of not less than six inches.

8.

All such manufactured homes shall be built in compliance with M.S.A. 327.31—327.35.

9.

All manufactured homes shall have available for inspection, manufacturer's instructions specifying how said home is to be situated on a permanent foundation.

10.

All exterior and bearing stud walls are to be of at least 2;inch; × 4;inch; construction.

11.

All tongues and undercarriages must be removed.

B.

Exemptions. This subdivision shall have no application to manufactured homes built in compliance with the Uniform Building Code as adopted in the State of Minnesota or to manufactured housing place in a mobile home park.

Subd. 20. Zero lot line provisions. Two-family residential lots may be platted or subdivided in such a manner that the common boundary line for the residential units will have a zero lot line setback, provided, however, that such lot meets with the following requirements:

A.

Each lot shall have a minimum square footage of 6,000 square feet.

B.

Separate services shall be furnished to each residential unit for sanitary sewer and water.

C.

Fence or shrubbery dividers may be installed or maintained on the common boundary line in the rear of the structure.

D.

The two-family unit shall be constructed in a side-by-side manner.

E.

A double fire wall in conformance with the building code shall be constructed as a common wall extending from the foundation up to the rafters of the building.

Subd. 21. Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid: congestion on public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic.

A.

[Traffic regulation.] Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of commercial and industrial areas shall, to the extent possible, be forward moving with no backing into streets. On corner lots, no structure or other materials shall be placed within the intersection sight distance triangle between the height of 2½ and ten feet above the centerline grade of the intersecting street. This intersection sight distance triangle is described as that area on the street side of a line drawn between two points located approximately 30 feet from the point of the intersection of the curb lines of the intersecting streets.

B.

Access drives and access.

1.

A number and type of access drives onto streets may be controlled and limited in the interest of public safety and efficient traffic flow.

2.

Access drives onto county or state highways shall require a review by the county or state engineer who shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

3.

All lots or parcels shall have direct, adequate physical access for emergency service vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway or an existing private roadway approved by the council.

C.

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of said vacated area shall not be affected by such proceedings.

Subd. 22. Parking.

A.

[Off-street parking space.] Any off-street parking space in connection with existing buildings or structures, on the effective date of this ordinance, shall not be removed, enlarged or altered, except in conformance with the requirements of this ordinance. In connection with any building or structure which is to be erected or substantially altered and which requires off-street parking spaces, off-street parking space will be provided in accordance with the following regulations. The following requirements are designed to provide adequate off-street parking space for passenger automobiles of patrons, occupants or employees.

B.

Size. A required off-street parking space shall be at least nine feet in width and 20 feet in length, exclusive of access drives, aisles, ramps and columns.

C.

Access.

1.

Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to parking spaces.

2.

All off-street parking facilities shall be provided with appropriate means of vehicular access to a street, alley, or a driveway, in a manner which will least interfere with traffic movements.

3.

A parking area containing four or more parking spaces shall have vehicular access to it by a street, alley, or driveway, containing all-weather, hard-surfaced pavement and the size, location, and route of access to such parking areas shall be approved by the council.

D.

Yards.

1.

Off-street parking shall not be permitted within any front yard or side yard setback, except in residential districts.

2.

Parking spaces required for single- or two-family dwelling units shall be located on the same lot as the dwelling served.

E.

Computation of parking spaces. When determination of the number of parking spaces required by this ordinance results in a requirement of a fractional space, any fraction shall be counted as one parking space.

F.

Collective parking provisions for nonresidential uses. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements of each use and if all regulations governing the location of accessory parking spaces in relation to the use served are observed. But no parking space, or portion thereof, shall serve as a required space for more than one use unless otherwise authorized in this ordinance.

G.

Repair. No major motor vehicle repair work shall be permitted in parking lots.

H.

Design, maintenance, and installation.

1.

All open off-street parking areas shall be paved with a hard and dust-free surface.

2.

All parking areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.

3.

All open automobile parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any residential property, by an approved, compatible wall or fence that conforms with this ordinance or a densely planted compact hedge not less than five feet in height and so as not to create a traffic hazard on adjacent streets.

4.

Illumination of an off-street parking areas shall be arranged so as not to project or reflect rays of light into adjacent and residential districts, and so as not to create a traffic hazard on adjacent streets.

5.

The owner of any off-street parking area shall maintain the area in good condition without holes and free of all dust, trash, and other debris.

I.

Required parking spaces. The minimum number of off-street parking spaces for each type of use shall be determined in accordance with the following:

1.

Residential use. Two parking spaces for each dwelling unit for single-family, two-family, or multiple-dwelling units.

2.

Automobile service stations. At least one parking space for each employee, plus two for each service stall.

3.

Banks. At least one parking space for each 200 square feet of floor area.

4.

Group homes, boarding[houses] and roominghouses. At least two parking spaces, plus one parking space for each three persons for which living accommodations are provided.

5.

Bowling alleys. At least seven parking spaces for each alley, plus such additional spaces as may be required for affiliated uses.

6.

Business and professional offices or public administration buildings. At least one parking space for each 200 square feet of floor area.

7.

Churches and synagogues. At least one parking space for each four seats in accordance with design capacity of the main auditorium.

8.

Establishments handling the sale and consumption of food and refreshment on the premises. At least one parking space for each 75 square feet of floor area.

9.

Furniture and appliance stores, motor vehicle sales, stores for repair or household equipment, or furniture. At least one parking space for each 600 square feet of floor area.

10.

Hotels. At least one space for each three separate rooms and at least one space for each three suites of more than one room.

11.

Libraries and museums. At least one parking space for each 500 square feet of floor area.

12.

Manufacturing, fabricating, and processing plants not engaged in retail trade. At least one parking space for each employee or one parking space for every 1,000 feet of floor area, whichever is greater.

13.

Medical and dental clinics. At least two spaces for each examining or treatment room, plus one for each doctor and employee in the building.

14.

Motels. At least one parking space for each dwelling unit, plus one space per employee.

15.

Public utility and public service uses. At least one parking space for each three employees, plus spaces in adequate number as determined by the council to serve the visiting public.

16.

Recreational buildings or community centers. Spaces in adequate number as determined by the planning commission.

17.

Schools, elementary, junior high, public or private. At least one parking space for each faculty member and other full-time employees. Senior high schools shall also provide one space for each ten students.

18.

Supermarkets, discount houses, mail order outlets, retail stores and other stores with high customer volume. At least one parking space for each 300 square feet of floor area.

19.

Theaters. At least one parking space for each four seats in the theater.

20.

Warehouse and storage establishments and freight terminals. At least one off-street parking space for each 2,000 square feet of floor area or one parking space for every two employees, whichever is greater.

21.

Other uses. Parking spaces on the same basis as required for the most similar use.

Subd. 23. Off-street loading. In connection with any building or structure, which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or other similar vehicles, there shall be provided off-street loading space not less than the minimum requirements specified in this subdivision. Any loading operation shall not create traffic congestion or traffic hazard on the public approaches to any property.

A.

Location.

1.

All required loading spaces shall be located on the same lot as the use to be served and no portion of any vehicle shall, while occupying any loading space, project into a street or alley.

2.

No required off-street loading space shall be less than 100 feet from any residential district boundary without adequate screening provided.

3.

No loading spaces shall be located within 25 feet of the nearest point of intersection of any two streets, nor shall it be located in a required front or side yard.

4.

Loading spaces may be located within the confines of a building.

5.

All loading spaces shall be in the side or rear yards.

B.

Access. Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements and shall be subject to approval by the city engineer.

C.

Space usage. Space allocated for an off-street loading space shall not, while so allocated, be used to satisfy the parking requirements.

D.

Required loading spaces.

1.

In commercial districts. One off-street loading space shall be provided for each store unit having a gross floor area of 10,000 square feet or less. One additional space shall be provided for each additional 15,000 square feet of floor area.

2.

Banks, business and professional offices, public administration building, schools and other similar uses. One off-street loading space for each building containing up to 100,000 square feet of floor area. One additional space for each additional 100,000 square feet of floor area.

Subd. 24. Signs. The purpose of this subdivision is to provide for necessary visual communication and to preserve and promote a pleasant physical environment on the streets and highways within the city, by regulating the type, number, structure, size, height, type of illumination, and the erection and maintenance of all outdoor signs and sign structures within the city.

A.

Nonconforming signs.

1.

Any nonconforming temporary or portable sign existing on the effective date of this ordinance shall be made to comply with the requirements set forth herein or shall be removed within 60 days after the effective date of this ordinance.

2.

Other signs existing on the effective date of this ordinance and not conforming to its provisions, but which conform to previous laws, shall be regarded as nonconforming signs, which may be continued if properly repaired and maintained as provided in this ordinance, and if in conformance with other city ordinance provisions. If said signs are not so continued, they shall be removed in accordance with section 3, subd. 5.

3.

All nonconforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this ordinance.

B.

Prohibited signs.

1.

Signs that, by reason of position, shape or color, would interfere with the proper function of a traffic sign or signal.

2.

Signs within a public right-of-way or easement, except for signs installed by governmental subdivisions.

3.

Signs that resemble any official marker erected by a governmental agency or that displays such words as "Stop" or "Danger" which are not erected by legal authority.

4.

Signs or sign structures that obstruct any window, door, fire escape, stairway or opening intended to provide ingress or egress for any building structure. With reference to commercial districts, signs painted on the inside glass portion of windows or doors are permitted.

5.

Sign posters that are tacked or posted on trees, fences, utility posts, or other such supports.

6.

Billboards.

7.

All other signs not expressly permitted by this ordinance.

C.

Permitted signs—General requirements and standards.

1.

Where a sign is illuminated, the beam of light shall not shine directly upon any part of a residence or into the street.

2.

No sign shall extend more than two feet above the eave or parapet of the building to which it is mounted.

3.

No part of any permanent freestanding sign shall be closer than five feet from the side lot line.

4.

No part of any sign shall project over or beyond the property line of the property upon which the sign is located.

5.

The supporting columns of a freestanding sign, exceeding 16 square feet in area, shall not materially impede vision between a height of 2½ and 7½ feet above the centerline grade of the street. Such a freestanding sign shall be set back ten feet or more from the street right-of-way line. Freestanding signs located within 25 feet of intersecting streets shall have a minimum vertical clearance of ten feet above the centerline grade of the intersecting streets.

6.

When electrical signs are installed, their installation shall be subject to inspection by the state board of electricity.

7.

Canopies and marquees shall be considered to be an integral part of the structure to which they are attached. If signs are attached to a canopy or marquee, the canopy or marquee shall be considered a part of the wall area used.

D.

Permitted signs—General.

1.

Identification signs for one- and two-family dwellings, provided that such signs are less than six square feet in area.

2.

Pedestrian, vehicular-traffic, and parking directional signs in parking lots, provided such signs are less than six square feet in area.

3.

Traffic control signs, noncommercial governmental signs, local notices, and temporary nonadvertising safety or emergency signs.

4.

Signs denoting the architect, engineer, contractor, or owner, when placed upon a worksite, which do not exceed an aggregate of 50 square feet in area. Such signs must be removed ten days after completion of construction.

5.

Copy of message changing on a printed or painted sign, which is a permitted use.

6.

Political campaign signs. Signs designating candidates seeking political office and other data pertinent thereto shall be permitted, provided that the property owner's permission has been obtained, as follows: A maximum of nine square feet for each premises in a residential zone and a maximum area of 32 square feet in a commercial or industrial zone. These signs shall be located on private property and shall not be less than 20 feet from the nearest curb line intersection of any street or road. These signs may be displayed 30 days prior and five days after the election for which they are intended. If a general election follows within 60 days of a primary election, those candidates who were successful in the primary election may continue to display their signs until five days after the general election.

7.

Signs or posters painted on or attached to the inside of a display window.

8.

Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal or similar organizations.

9.

Emergency signs required by other governmental agencies.

10.

Temporary displays which are erected to celebrate, commemorate or observe a civil or religious holiday.

11.

Real estate signs as follows:

(a)

Temporary signs for the purpose of selling or leasing individual lots or buildings provided that such signs are less than ten square feet for residential property and 32 square feet for other property and provided that only one sign is permitted for each property. The signs must be removed within ten days following the lease or sale.

(b)

One sign per building for the purpose of leasing dwelling units in buildings containing two or more units, provided such signs are limited to six square feet in area.

E.

Permitted signs—District specific.

1.

Commercial business districts.

(a)

Wall signs and roof signs. Each establishment or enterprise may have wall signs and projecting signs on each wall, provided the aggregate area of such signs does not exceed 30 percent of the area of the wall supporting the signs.

(b)

Marquee signs. Signs may be placed on the vertical faces of a marquee or may project below the lower side of a marquee not more than 24 inches. The bottom of a sign placed on a marquee shall be no less than eight feet above the sidewalk or grade at any point. No part of the sign shall project above the top of the vertical faces of a marquee.

(c)

Each establishment or enterprise eligible for a freestanding sign may instead elect to have a roof sign for identification, instead of a freestanding identification sign, provided that the sign does not extend more than ten feet above the roof line, or more than 35 feet, whichever is lesser. The sign may not exceed 250 square feet in area.

(d)

Individual establishments or enterprises which are not located in a shopping center complex may have one freestanding sign not to exceed 250 square feet in area and not to exceed 35 feet in height.

(e)

Commercial establishments or those enterprises clustered in a shopping center complex may have a single freestanding sign not to exceed 250 square feet in area and not to exceed 35 feet in height.

2.

Residential districts.

(a)

Home occupations and special home occupations may have one freestanding or wall sign per dwelling, which may not exceed six square feet and which may not be more than six feet above the ground.

(b)

Multiple-family dwellings may have one wall or freestanding sign per building, which may not exceed ten square feet in area.

3.

Public and semipublic places (all zoning districts).

(a)

Churches, synagogues, temples, and places of worship may have the following signs:

(1)

One freestanding sign with the sign area not to exceed 100 square feet. The sign shall not extend more than ten feet above ground level. There may be a second such sign if the use abuts two or more streets.

(2)

One wall sign immediately above or beside each public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education. The sign area shall not exceed 50 square feet.

(b)

Other public and semipublic uses.

(1)

Freestanding signs as specified above for churches, synagogues, and temples.

(2)

One wall sign with an area of not more than 50 square feet.

F.

Sign variances. The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in section 4, subd. 6[A] of this ordinance. The planning commission may recommend that the council may grant variances from the literal provisions of this ordinance in instances where the strict enforcement would cause hardship because of circumstances unique and distinct as to the specific property or use under consideration. Circumstances caused by the property owner or the applicant or a predecessor in title may not constitute sufficient justification to grant a variance. A variance may be granted by the council after demonstration by evidence that all of the following qualifications are met:

1.

A particular hardship to the owner would result if the strict letter of the regulations were observed.

2.

The circumstances upon which the application for a variance are based are unique to the parcel of land or the use thereof and are not common generally to other property or uses within the same zoning classification.

3.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

G.

Repair and removal.

1.

Any sign or sign structure which may be, or may hereafter become, rotted, unsafe, or unsightly shall be repaired or removed by the lessee, licensee, owner, or agent of the owner of the property upon which the sign is located after receipt of written notice from the zoning administrator.

2.

The zoning administrator may order the removal of any sign erected or maintained in violation of this ordinance. Ten days' notice in writing shall be given to the owners of such sign, or the owner of the building, structure or premises on which the sign is located, to either bring the sign into compliance with this ordinance, or effect its removal. Upon failure to remove the sign or to comply with this notice, the zoning administrator shall remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any cost of removal incurred by the city shall be assessed to the owner of the property on which such sign is located or may be collected in appropriate legal proceedings.

H.

Sign enforcement.

1.

It shall be the responsibility of the zoning administrator to administer and enforce the sign provisions of this ordinance.

2.

It is unlawful for any person to erect, alter, repair, move, equip, or maintain any sign or sign structure or cause or permit the same to be done in violation of any provisions of this ordinance.

(Ord. No. 379, § 3, 11-4-99; Ord. No. 395, §§ 2, 3, 5-8-01; Ord. No. 456, § 1, 5-15-15)