Aitkin City Zoning Code

GENERAL PERFORMANCE

STANDARDS

§ 152.090 WATER QUALITY PROTECTION STANDARDS.

(A) Erosion and drainage.

(1) No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion or deposit of sediment on adjacent properties or bodies of water.

(2) All storm sewer inlets and drainage ways that are functioning during construction shall be protected so that sediment laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

(3) All on-site storm water conveyance systems must be designed and constructed to withstand the design volume of storm water with appropriate stabilization to prevent scour and erosion. Erosion controls must be provided at the outlets of all storm sewer pipes or drainage ways.

(4) All temporary and permanent erosion and sediment control practices shall be maintained and repaired to assure the continued performance of their intended function.

(5) All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure.

(6) All temporary erosion control devices, including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within 60 days of the establishment of permanent vegetative cover on the disturbed area.

(B) Fertilizers, herbicides and pesticides. No person shall place, spread or store fertilizers, herbicides and/or pesticides in any manner other than that recommended by the manufacturer or in any manner which allows any escape of nutrients or toxins into the air, ground water or surface water of the city.

(1) Intensive vegetation clearing within the shoreland setbacks and on steep slopes is not allowed.

(a) Along rivers, existing shading of water shall be preserved.

(b) No tree larger than four inches in diameter shall be removed, except to accommodate a stairway or landing.

(2) All vegetation removal must be done according to Best Management Practices in Minnesota. Soil erosion must be prevented and area storm water drainage patterns shall not be altered.

(3) Any area disturbed during any clearing operation shall have the native topsoil augmented and the area shall be replanted with native vegetation.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.091 FENCES.

(A) General. Performance standards relating to fences are listed for each district in §§ 152.030 through 152.040 of this chapter.

(B) Safety hazards. Fences shall not be erected where they create a visual safety hazard in the opinion of the Zoning Administrator.

(C) Location and orientation. Fences shall sit on the property of the property owner installing the fence; fences may abut, but not sit directly on side lot lines of adjacent parcels. The “good side” of the fence shall face abutting properties, meaning that the posts shall face in toward the property on which the fence sits and the finished face of the fence shall face abutting properties. If the fence is within two feet of a property line, the adjoining property owner abutting the fence is allowed to finish the side of the fence facing his or her property.

(D) Maintenance. Fences shall be maintained to retain their aesthetic quality, screening abilities and function. Missing boards, rusting wire and posts and peeling paint shall be taken care of at the owner’s expense as they occur.

(E) District standards: city fence standards. Zoning table follows on the next page.

Use	District Performance Standards
Use	Maximum Height	Setback from ROW	Allowable Material	Prohibited Features	Height at Corner/ Traffic Visibility
Downtown Mixed Use	72 inches	10 feet Unless permission is received from the Planning Commission	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (except where specific approval has been given by the Planning Commission)	Max height of 2.5 feet within 20 feet of the corner
Highway Commercial	84 inches	10 feet	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (except where specific approval has been given by the Planning Commission)	Max height of 2.5 feet within 20 feet of the corner
Industrial	84 inches	10 feet	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (except where specific approval has been given by the Planning Commission)	Max height of 2.5 feet within 20 feet of the corner
Light Industrial/Commercial Transition	72 inches	10 feet Unless permission is received from the Planning Commission	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (except where specific approval has been given by the Planning Commission)	Max height of 2.5 feet within 20 feet of the corner
Open Space	6 feet Unless permission is received from the Planning Commission	10 feet	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (where frequent human contact is anticipated)	Max height of 2.5 feet within 20 feet of the corner
Parks and Recreation					Max height of 2.5 feet within 20 feet of the corner
Rural Residential	6 feet Unless permission is received from the planning commission	10 feet	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (where frequent human contact is anticipated)	Max height of 2.5 feet within 20 feet of the corner
Urban Residential	6 feet Unless permission is received from the Planning Commission	10 feet	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (where frequent human contact is anticipated)	Max height of 2.5 feet within 20 feet of the corner
Urban Rural Transition Residential	6 feet Unless permission is received from the Planning Commission	10 feet	Metal, wood, concrete, brick, vinyl or smooth wire	Barbed or electrified (where frequent human contact is anticipated)	Max height of 2.5 feet within 20 feet of the corner

(Ord. 332, passed 5-19-2008; Ord. 418, passed 10-20-2025) Penalty, see § 152.999

§ 152.092 STORAGE.

(A) Exterior storage.

(1) There shall be no exterior storage allowed on lots that do not contain a principal or accessory structure, except where the property owner also owns adjoining property that contains a principal or accessory structure. Provisions of divisions (A)(2) and (A)(3) below are still applicable.

(2) Where there is a principal or accessory structure, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying; recreational equipment; construction landscaping materials and equipment currently being used for construction of the premises; woodpiles; other equipment currently (within a period of 30 days) being used on the premises; agricultural equipment and materials if these are used or intended for use on the premises; off-street parking, except as otherwise regulated herein. Additional standards apply based on the zoning classification of the parcel.

(3) Abandoned motor vehicle(s) shall be stored within a structure or completely screened from view.

(B) Bulk storage. All uses associated with the bulk storage of oil, gasoline, liquid propane, liquid fertilizer, chemicals and similar liquids shall comply with the requirements of the state’s Fire Marshal, the state’s Pollution Control Agency and the state’s Department of Agriculture Office. When in excess of normal domestic requirements, the uses shall have documents from those offices stating that the use is in compliance. No storage facility shall be constructed or placed where spillage from the facility would drain to a drainageway or public waters without providing complete containment.

(1) Use of a temporary storage container may be allowed for a period of up to 14 days, unless extended by the Planning Commission. All temporary storage containers shall be placed entirely upon the property in which the container is intended to serve.

(2) It is the responsibility of both the property owner and person having control of the property to ensure compliance with this requirement.

(D) Storage pods. Use of a storage pod may be allowed in the Commercial Highway Zoning District. The structures shall not interfere with the normal operation of the permanent use on the property and shall not be detrimental to property or improvements in the surrounding areas. There shall also be no risk of injury to persons as a result of the storage. The containers shall be located to the rear or side of the principal building and set back a minimum of five feet from side and rear property lines. Parcels abutting residential properties shall have double setbacks.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.093 VISUAL STANDARDS; SCREENING.

(A) General. No use shall create, maintain or continue any activity or structure which has a strong negative visual impact or offends the morals or violates the standards of the city.

(B) Adjacent residential properties. Where any business or industry is adjacent to property zoned residential or any use cannot meet the visual standards of the city, screening shall be provided by the business or offending use.

(C) Landscaping. Screening required shall be in addition to normal landscaping and planting, and consist of a visual obstruction completely containing the activity on the commercial or offending use property assuming off-leaf conditions.

(D) Materials. Screening may consist of dense evergreen planting eight feet or more in height, wood walls with 100% obstruction, a building wall consisting of aesthetically pleasing materials that blends with the surroundings or other similar structures that screen the property. All structural elements shall meet required setbacks.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.094 SANITATION STANDARDS.

(A) Solid waste. All solid waste shall be disposed of weekly in accordance with the standards of city ordinance.

(B) Domestic sewage.

(1) All plumbing shall discharge into a city sewer system if available.

(2) All dwellings or structures with plumbing served by an individual or common sewage disposal system shall meet the requirements of Minn. Rules Ch. 7080 or 7081, the requirements of which are administered by the county.

(3) All non-conforming systems shall be brought into conformance.

(4) Sewage tanks being abandoned shall be thoroughly pumped and filled with soil.

(1) All potable water systems shall be connected to a city water system, if made available.

(2) All domestic and agricultural wells shall conform to the state’s Department of Health standards for wells.

(3) All water systems shall meet the requirements of the state’s Department of Health standards for water systems.

(4) All wells being abandoned shall be sealed according to the state’s Department of Health standards and report to the state’s Department of Health and the city.

(Ord. 332, passed 5-19-2008)

§ 152.095 ANIMAL HUSBANDRY.

(A) Pets. Pets shall be properly cared for, shall not be allowed to create problems for neighbors or the city, or become a nuisance, and shall have sanitary standards maintained consistent with § 152.094(C) of this chapter.

(B) Farm animals or livestock.

(1) No feedlots, as defined by this chapter, are allowed anywhere within the city.

(2) Farm animals or livestock may be raised as provided in zoning districts with proper permits; provided that, the standards of the district are not compromised.

(3) Farm animals or livestock shall be properly cared for, shall not create problems for neighbors or the city and shall have sanitary standards maintained consistent with § 152.094(C) of this chapter.

(1) The keeping of wild animals as pets, including, but not limited to, primates and large carnivores, is not allowed.

(2) Wildlife rehabilitation uses shall require a conditional use permit and must meet the minimum standards established by the state’s Department of Natural Resources Rules Ch. 6244.

(D) Hen chickens.

(1) No more than five hen chickens are allowed on any parcel of land in the Rural Residential (RR) District, Urban/Rural Transition Residential (TR) District, Urban Residential (UR) District, and Industrial (I) District within the city.

(2) Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run. Hen chickens are not allowed in any part of a house or garage.

(3) Any chicken coop or chicken run must comply with all applicable building and zoning codes and regulations.

(4) No chicken coop or run shall be constructed on any parcel of land before construction of the principal building.

(5) A chicken coop or run cannot be located in the front or side yard.

(6) A chicken coop or run must be set back at least 50 feet from any residential structure on any adjacent lot and at least ten feet from the property line.

(7) A chicken coop or run must be screened from view with a solid fence or landscaped buffer with a minimum height of four feet.

(8) A chicken coop can be no larger than ten square feet per chicken and cannot exceed six feet in height. A chicken run cannot exceed 20 square feet per chicken and the fencing cannot exceed six feet in height. A chicken run may be enclosed with wood or woven wire materials and may allow chickens to contact the ground. A chicken run must have a protective overhead netting to keep the chickens separated from other animals.

(9) A chicken coop must be elevated a minimum of 12 inches and a maximum of 24 inches above grade to ensure circulation beneath the coop.

(10) Chicken grains and feed must be stored in rodent-proof containers.

(11) No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth.

(12) Any chicken running at large may be impounded by the city and, after being impounded for three days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming any impounded chicken must pay the cost of impounding and keeping the same.

(E) Slaughtering of animals within city limits.

(1) Slaughter of live animals or birds is prohibited within city limits, unless completely enclosed inside of a building.

(2) Any slaughtering operations shall be properly screened as defined in § 152.093.

(F) Processing of animals within city limits.

(1) Evisceration, the removal of the internal organs from a carcass, of livestock within city limits is prohibited, unless completely enclosed inside of a building.

(2) Animal excrements, including but not limited to blood, shall be prohibited from entering the city’s waste water collection system. Use of sewage and septic systems for animal processing shall be consistent with § 53.03(A).

(3) Animal processing shall meet all requirements of § 152.094(C).

(Ord. 332, passed 5-19-2008; Ord. 404, passed 12-6-2021; Ord. 406, passed 4-4-2022)

§ 152.096 PARKING AND LOADING.

(A) General. On-site parking or garage space shall be provided in all districts, except as specifically exempted. There shall be adequate drive access to prevent the need to back onto collector streets or county highways. On-site parking spaces shall not be used for storage.

(B) Dimensions. Parking sites shall be a minimum of 20 feet long and ten feet wide.

(C) Parking ratios. On-site parking shall be provided at the following ratios at a minimum, except where exempted within §§ 152.030 through 152.040 of this chapter or unless modified by conditional use permit:

(1) Two stalls per dwelling unit;

(2) One additional stall per employee in home occupation;

(3) One and one-half stalls per dwelling unit, for multi-family over 20 units per complex, motel/hotel units;

(4) One stall per six seats for churches, restaurants and other assembly places;

(5) One stall per 300 square feet of office space;

(6) One stall per 300 square feet of retail space; and

(7) One stall per 2,000 square feet or two employees at maximum shift for industrial uses, whichever Planning Commission deems suitable.

(D) On-site parking. On-site parking shall not be closer than ten feet from a lot line, except in the Downtown Mixed Use (DMU) District.

(E) Handicapped parking. Handicapped parking shall be required in accordance with state law.

(F) Parking surfaces. All parking areas shall be adequately drained to a pervious surface designed to allow entrapment of silts prior to discharge to a public water.

(G) Landscaping. More than five parking stalls contiguously located and any commercial parking adjacent to residential property shall be landscaped according to a plan approved by the Zoning Administrator with review by the Planning Commission.

(H) Loading, general. All required loading berths shall be off street and shall be located on the same lot as the principal use served. Loading shall not occupy front yard space. Berths shall not be used for storage.

(Ord. 332, passed 5-19-2008; Ord. 369, passed 10-20-2014) Penalty, see § 152.999

§ 152.097 DRAINAGE.

(A) General.

(1) When possible, existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public waters.

(2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities and methods used to retain sediment on the site.

(3) When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds must be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities.

(B) Drainage plan(s). All development shall contain provisions for adequate surface or subsurface runoff of storm water and snow melt directed to natural drainageways. A storm frequency of a five-year, 24-hour storm period shall be provided for with no structural flooding or ponding.

(C) Natural drainage. All development shall provide for the continuance of natural drainageways, and structures shall be so constructed as to be one foot above the water level in the drainageway created by a storm of a 100-year return period or a 1% chance of occurrence.

(D) Drainage structures. All drainage structures provided shall be sufficient in size to pass a five-year, 24-hour storm to a natural drainageway and to pass a 100-year, 24-hour storm along a drainage way.

(E) Drainage storage areas. The use of natural or human-made storm water storage areas is encouraged. These areas should be vegetated and designed to naturally lower after a storm.

(F) Filling. No filling of areas inundated by the 100-year, 24-hour storm along drainageways shall be allowed, except by conditional use permit.

(G) Impervious areas. All parking areas, heavy use areas, storage areas and impervious areas shall be designed to allow entrapment of silts and nutrients prior to discharge to a natural drainage way or public water.

(H) Public waters. Newly constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming or surface debris before discharge.

(I) Erosion. Erosion control measures shall be provided in all areas disturbed during any grading or construction. All areas disturbed shall be covered with topsoils and seeded. Areas subject to concentrated runoff or steeper than three to one shall be sodded, planted with appropriate deep-rooted vegetation or protected with an appropriate mulch cover as directed by the City Engineer.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.098 GRADING.

(A) General. The following activities must be authorized by permit, except for excavation for permitted structure, drives, sewer systems and parking areas:

(1) Grading and filling disturbing an area greater than one acre;

(2) Grading and filling in the Shore Impact Zone; and

(3) Any alterations of the natural topography when the slope of the land is toward a public water or watercourse involving the movement of more than ten cubic yards of material in a bluff or Shore Impact Zone or more than 50 cubic yards of material anywhere else within a shoreland area.

(B) Conditions. The following conditions shall apply.

(1) The smallest amount of bare ground is exposed for as short a time as feasible.

(2) Four inches of topsoil is placed, temporary ground cover such as mulch is used and permanent ground cover such as sod is planted.

(3) Methods to prevent erosion and trap sediment are employed.

(4) Fill is stabilized to acceptable engineering standards and must not create an unstable slope.

(5) Plans to place fill or excavated material on steep slopes must be reviewed by a qualified professional for continued slope stability and must not create finished slopes of 30% or greater.

(6) Fill or excavated material must not be placed in bluff impact zones.

(7) Fill placed in a public water below the ordinary high water mark requires a DNR waters permit and a Corps of Engineers permit.

(8) Excavation in the bed of public waters requires a DNR waters permit and a Corps of Engineers permit.

(9) Only clean fill consisting of sand, gravel or rock will be allowed where contact with water is anticipated. Mineral soil may be allowed elsewhere.

(10) Alterations to topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.

(11) When applicable, the above conditions shall be consistent with those provided within this division (B), in addition to those required by Mississippi Headwaters Board, the state’s DNR and the Army Corps of Engineers.

(C) Wetlands. Grading or filling in any protected wetland is prohibited unless authorized by federal, state, county and local permitting agencies.

(D) Public waters. Connections to public waters of boat slips, canals, lagoons, harbors and similar inland excavations are prohibited.

(E) Riprap. The city encourages the use of riprap only as a last resort to control shoreline erosion. Other methods should be used, including the planting of native, deep rooted vegetation. If riprap has been found to be the only tool available, riprap installation shall have the following standards.

(1) Gradation. A well-graded mixture of rock sizes should be used instead of one uniform size.

(2) Quality of stone. Riprap must be durable so that freeze/thaw cycles do not decompose it in a shore time; most igneous stones such as granite have suitable durability.

(3) Riprap depth. The thickness of riprap layers should be at least two times the maximum stone diameter.

(4) Vegetation.

(a) Existing vegetation on the shoreline and in the water should be maintained without disturbance.

(b) All bare soil on the slope above the riprap should be stabilized with seed and mulch, or sod.

(5) Filter material. Filter material is usually required between riprap and the underlying soil surface to prevent soil from moving through the riprap; a filter cloth material or a layer of gravel is usually used for the filter.

(a) Leaching protection. Leaching can be controlled by installing a riprap gradation small enough to act as a filter against the channel base material, or a protective filter can be installed between the riprap and the base material.

(b) Riprap limits. The riprap should extend for a maximum flow depth, or to a point where vegetation will be satisfactory to control erosion.

(c) Curves. Riprap should extend to five times the bottom width upstream and downstream of the beginning and ending of the curve as well as the entire curved section.

(d) Riprap size. The size of riprap to be installed depends on site-specific conditions.

(e) Riprap prohibitions. Slopes on which riprap is used to stabilize shorelines shall be no steeper than two to one.

(6) Maintenance. Inspections should be made of all sites immediately after the first rainfall following installation of riprap. This is particularly important in areas where riprap that is displaced during the storm would impact culverts. Thereafter, riprapped sites should be checked following large storms, especially those which are near or exceed the storm frequency used in the design. Displaced riprap should be removed from its downstream location and new riprap placed according to the specifications above.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.099 YARD REGULATIONS.

(A) General. Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed except for the ordinary projections of window wells above the bottom of the yard or court and except for the projections of sill belt courses, cornices, and ornamental features not to exceed four feet six inches.

(B) Allowed appurtenances. Open or lattice enclosed fire escapes, fire-proof outside stairways and balconies opening upon fire towers may extend into a required front or rear yard a distance not to exceed four feet six inches.

(C) Yard usage. A yard, court or other open space provided about any building for the purpose of complying with the provisions of this chapter shall not again be used as a yard, court or other open space for another building.

(D) Safety setback. A total setback requirement of 300 feet shall be mandatory for all land uses handling highly explosive or inflammable materials in quantity such as gas service stations, bulk fuel or oil dealers and similar operations, from all schools, churches, hospitals or any public meeting place having a seating capacity of 50 or more persons.

(E) Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yard specified.

(1) In front yards.

(a) One story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting two and one-half feet or less into the yard.

(b) A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six 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 three feet six inches may be placed around the place.

(c) 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 to traffic on a street or public road by obscuring the view or obstructing or interfering with the passage of vehicles or pedestrians. No fence or accessory structure or planting shall rise two and one-half feet in height above the level of the adjoining ground within 14 feet of any corner. No fence or wall or shrub planting of more than two and one-half feet in height above the level of the adjoining ground shall be erected on any lot within ten feet of the property line.

(d) On double frontage lots, the required front yard shall be provided on both streets; provided, however, that, the buildable lot width shall not be reduced to less than 30 feet.

(2) In side yards. Overhanging eaves and gutters projecting into the yard for a distance of two inches per foot of required side yard.

(3) In rear yards. Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory structures, tool rooms and similar buildings or structures for domestic storage; balconies; breezeways and open porches; one story bay windows projecting two and one-half feet or less into the yard; and overhanging eaves and gutters projecting two and one-half feet or less into the yard.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.100 POOLS.

(A) Permit required. A building permit shall be required for any swimming pool with a capacity of over 1,500 gallons or greater than three feet water depth. Non-permanent pools which are designed to be entirely removed from their location and stored, including inflatable pools or non-permanent pools supported by removable frame, shall not require a building permit; however, the pools shall conform to the provisions herein.

(B) General. All pools shall conform to the lot requirements for the zoning district in which the property is located. The swimming pool filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located not less than 50 feet from any adjacent or nearby residential structure and not closer than ten feet from any lot line.

(C) Fences and gates. All pools with a capacity of 1,500 gallons or greater than three feet water depth shall be enclosed with fencing, at least four feet in height and not exceeding eight feet in height, to prevent uncontrolled access of all persons. The fence shall have self-closing, self-latching gates with provisions for locking and shall be installed prior to the filling of the pool. No part of the pool, including an edge of the pool itself, shall constitute a portion of a fence.

(D) Pool water. Water within a swimming pool shall be maintained in a suitable manner as to not present a health hazard of any type. The water shall be subject to inspection by the city. Filling swimming pools from fire hydrants or other public facilities shall require the approval of designated public officials. To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owners property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.101 CAMPGROUNDS AND CAMPSITES.

(A) General. Campgrounds/RV parks shall be considered a form of planned unit development and administered thereunder as conditional uses in the district where the use is allowed, except no density increases will be considered.

(B) Minimum parcel size. No campground or recreational vehicle park shall be allowed on a parcel less than two acres and with a minimum of ten sites. Up to ten additional sites may be allowed for each additional acre.

(C) Dwelling site requirements. The dwelling sites must conform to the state’s Department of Health standards and the following.

(1) Campsites or recreational vehicle sites shall have a minimum of 3,000 square feet designated for each family unit, with a minimum of 40 feet of width, as measured center to center.

(2) A strip of land with a minimum width of 40 feet shall be reserved for a service road providing access to each of the designated sites.

(3) Parking shall be off the road.

(4) Recreational facilities shall be provided as determined by PUD process.

(5) A water system capable of providing 100 gallons per site, per day, at a pressure of 20 psi at the most remote fixture for RV sites, or within 400 feet of each campsite for non-RV sites.

(6) Conforming on-site sewage collection and disposal system sized for 100 gallons per campsite per day.

(7) Solid waste facilities consisting of one 30-gallon can for each four campsites or one dumpster for each 20 sites, constructed to prevent overturning or cover removal by animals, and screened.

(8) Campsites for recreational vehicles shall have sewer connection, water connection and electric connection or recreational vehicles shall be self-contained and a wastewater disposal station shall be provided on site.

(9) Drinking water and restroom facilities with showers shall be provided, all within 400 feet of every site not served with full facilities.

(10) Grass or other complete ground cover shall be maintained, except in parking areas and roads.

(11) Evidence shall be provided, prior to final approval, that the licenses and approval process of the state’s Department of Health has been adhered to.

(12) All sites shall be well-drained, preventing any pooling of water and avoiding wetlands.

(13) Sufficient storm shelter shall be provided to accommodate all occupants of the campground.

(D) Seasonal use. Sites can be leased out for seasonal use for up to six continuous months to one person.

(E) Submission requirements. The submission requirements for a campground shall be the same as PUDs, except as determined not applicable by the Zoning Administrator.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.102 MANUFACTURED AND PRE-BUILT HOUSING DEVELOPMENT.

(A) General. Manufactured housing development shall be considered a form of PUD and administered as a conditional use in the zoning district where the use is allowed. Development of this type creates a heavy demand and reliance on municipal type facilities including roads, sewer, water and fire protection. In addition these developments are often the most dense in a community requiring heavier streets, more public recreation facilities and nearby shopping.

(B) Minimum standards.

(1) A state’s Department of Health permit shall be required.

(2) Parcel size shall be a minimum of 20 acres.

(3) At least two acres shall be set aside for parks and recreation.

(4) Minimum individual lot dimensions shall be 60 feet by 140 feet.

(5) At least 20% of the land shall be in common ownership not used for individual lots.

(6) The common roadway area, where private, shall be a minimum of 40 feet wide with a 24-foot wide bituminous surfaced road.

(7) There shall be a minimum of two and a maximum of three parking spaces for each unit.

(8) Each unit shall be a minimum of 640 square feet.

(9) All units must be skirted, unless placed on an enclosed foundation.

(10) Landscaping shall be required as per the direction of the Planning Commission.

(11) When served by public utilities, there shall be individualized sewer, water and electrical connection for each site.

(12) Solid waste storage and removal shall be centralized within the development and shall be the responsibility of the owner of the development.

(13) Each unit must meet the requirements of the state’s Building Code, HUD standards and M.S. §§ 327.23 through 327.35, as they may be amended from time to time; and shall be no older than five years at time of installation and have the required state seal attached.

(14) Sufficient storm shelter shall be provided to accommodate all residents of the development.

(C) Manufactured home development; floodplain. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located within floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with § 152.056(E) of this chapter. If vehicular road access for preexisting manufactured home parks is not provided in accordance with § 152.056(E)(4)(a) of this chapter, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Planning Commission and the plan is approved by the City Council.

(Ord. 332, passed 5-19-2008)

§ 152.103 HOME OCCUPATIONS.

(A) General. Each home occupation in the city shall require a permit. Home occupation permits are not transferable to a new owner/renter/occupant, thus the permit will not run with the property, nor be transferable to a different property.

(B) Standards.

(1) All business activities, including storage, shall be inside buildings or completely screened from adjacent properties.

(2) All activities shall be clearly incidental to the use of the property for residential purposes. Not more than 25% of the gross floor area of the residence or 50% of the gross floor area of a garage or storage building shall be used for commercial purposes.

(3) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building, does not constitute a nuisance to surrounding properties and will not require any on-street parking facilities.

(4) Not more than two non-residents may be employed on the premises by the home occupation.

(5) On the premises, retail sales will be allowed only of products manufactured on those premises, unless specifically authorized by conditional use permit.

(6) No articles for sale shall be displayed so as to be visible from the street.

(7) All activities will be controlled to prevent nuisance problems of noise, vibration, smoke, dust, fumes or litter.

(8) The home occupation shall not generate more than two customer vehicles at one time. Off-street parking shall be provided, but no more than two spaces shall be allowed for customer use.

(9) No mechanical or electrical equipment shall be used if the operation of the equipment interferes unreasonably with the desired quiet residential environment of the neighborhood or if the health and safety of the residents is endangered. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.

(10) A person having a home occupation shall provide proof of meeting the above requirements upon request by the city.

(C) Yard sales/garage sales. Yard sales and garage sales do not require a home occupation permit, so long as they do not exceed seven cumulative days in one calendar year.

(D) Private automobile sales. One automobile displayed for sale on a property shall not require a home occupation permit so long as not more than two automobiles are sold over 30 cumulative days per calendar year.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.104 SALVAGE YARDS.

(A) Salvage yards are to be allowed only as a service to the community. No more than two yards will be allowed within the city limits.

(B) The facilities are subject to the following, in addition to conditional use permit criteria and conditions.

(1) On-site sales are allowed along with parts salvage.

(2) Fencing/screening sufficient to prevent the facility and all salvaged materials from being seen from a public roadway or adjacent property shall be provided.

(3) A defined perimeter containing the operation must be approved and maintained.

(4) The facility shall not be located within a drainageway or wetland.

(5) Landscaping, in addition to the required screening, may be required by the Planning Commission.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.105 UTILITY SUBSTATION.

(A) Purpose and intent. The purpose of this section is:

(1) To allow a process to permit a utility substation in a location that is necessary for public convenience and service, and cannot be supplied with equal public convenience if located elsewhere.

(2) To provide standards so that the use shall not seriously impair the use of neighboring property.

(3) To ensure the architectural scale, design, and landscaping treatment of the use shall be compatible with other development in the area and shall be fully or partially enclosed as may be necessary to provide compatibility.

(4) To ensure findings are made as part of the permitting process regarding adverse effects of the project on the character of the surrounding area including impacts from sound, light, visual appearance, impervious surfaces, traffic impacts, and on forest and wildlife impacts.

(5) To establish predictable and balanced regulations to protect the public health, safety, and general welfare of the city.

(6) To facilitate the provision of telecommunications services and facilities in the city.

(7) To minimize adverse visual effects of utility substations through careful design standards.

(8) To avoid potential damage to adjacent properties from utility substations failure and weather related occurrences through structural standards, careful siting, and setback requirements.

(B) Permits required. It shall be unlawful for any person, firm or corporation to erect, construct in place, place, or re-erect any utility substation, without first making application to the city and securing a permit. A change in construction, dimension, lighting design, or design type shall also require a permit. The placement of towers or antennae on previously approved utility substations must apply for a new building permit.

(C) Utility substation design requirements. Utility Substations and all accessory structures or buildings shall conform to the following minimum requirements:

(1) Utility substations, shall to the greatest degree possible, be located so as to minimize impacts on surrounding properties and public infrastructure and at a minimum meet all zoning district setbacks.

(2) Screening shall be provided as determined by the Conditional Use process to minimize visual impacts to surrounding properties.

(3) Whenever practicable, utility buildings shall have the exterior appearance of other structures in the area.

(4) Lighting shall not project from the Utility Substation on to other properties, or public right-of-ways.

(D) Utility substation performance standards. Utility Substations and all accessory structures or buildings shall conform to the following minimum requirements:

(2) Screening shall be provided as determined by the conditional use process to minimize visual impacts to surrounding properties.

(3) Whenever practicable, utility buildings shall have the exterior appearance of other structures in the area.

(4) Lighting shall not project from the Utility Substation on to other properties, or public rights-of-way.

§ 152.106 TRAFFIC VISIBILITY.

No walls, fences, structures, trees, shrubs, vegetation, or other obstructions shall be permitted in any yard when it poses a danger to traffic by obscuring the view from any street, roadway, or alley, except as provided below:

(A) Visibility from any street or roadway shall be unobstructed above the height of two and one-half feet and below five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curb lines of the two streets and extending a distance of 20 feet along the edge of each street. This defines two sides of the triangle. The third side is a line connecting the end points of the two sides described above.

(B) Visibility from the intersection of any street or roadway and an alley or driveway shall be unobstructed above the height of two and one-half feet and below five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curblines or pavement edges or if unpaved, the edge of the traveled surface, of the street and alley, and extending a distance of 15 feet along the edge of each street. This defines two sides of the triangle. The third side is a line connecting the end points of the sides described above.

(C) Visibility from the intersection of any two alleys shall be unobstructed above the height of two and one-half feet and below five feet within the triangle described as beginning from a point at the intersection of the extension of the existing curblines or pavement edges of the two alleys and extending a distance of ten feet along the edge of each alley. This defines two sides of the triangle. The third side is a line connecting the end points of the two sides described above.

(D) The traffic visibility ordinance shall apply to properties in all residential zoning districts as well as properties in other zoning use districts with a defined residential land use including but not limited to a single-family dwelling or multi-family dwelling.

(Ord. 418, passed 10-20-2025)