The purpose of this chapter is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the city. (Ord. 1988-12, 12-19-1988)

   A.   No garage, tent, accessory building or travel trailer shall at any time be used as living quarters, temporarily or permanently, except recreational vehicles as follows:

      1.   Structures: Temporary structures governed by this chapter shall be allowed in public/institutional (P/I) or commercial (B) zoning districts subject to the issuance of an administrative permit.

      2.   Site Plan Required: No administrative permit shall be issued for a temporary structure unless a site plan pursuant to chapter 1500 of this ordinance has also been approved, if applicable, or unless a building permit has been issued for a new structure, addition or remodeling of an existing structure on the property.

      3.   Termination Of Permit: The administrative permit shall terminate nine (9) months from its date of issuance, or within thirty (30) days after a certificate of occupancy has been issued by the building official for the permanent structure, whichever occurs first, unless a different time schedule is approved as part of the permit. The permit may be extended for one additional ninety (90) day period by the zoning administrator. Only one permit event per property per five (5) year period shall be allowed.

      4.   Setback: Temporary structures may be placed in a required building setback area; provided, that no such structure may be placed within twenty feet (20') of a public right of way or obstruct visibility at any street intersection or driveway access.

      5.   State Building Code: All requirements of the state building code 1 shall be met, if applicable.

      6.   Water And Sewer: Provisions for water and sewer servicing the temporary structures shall be subject to the review and approval of the building official.

      7.   Security Measures: Security measures such as lighting shall be implemented subject to the review and approval of the zoning administrator.

      8.   Parking: Adequate on site parking provisions shall be provided and are subject to the review and approval of the zoning administrator.

      9.   Signage: Signage is subject to the provisions of title 10, chapter 7 of the city code.

   B.   Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling. Energy conserving designs in housing are not prohibited by this subsection; provided, that a conditional use permit is approved by the council, and the structure complies with standards imposed by the state building code 2 .

   C.   Tents, playhouses or similar structures may be used only for play or recreational purposes.

   D.   No accessory building or structure, other than a fence or temporary construction office, may be constructed prior to the time of construction of the principal building or structure. (Ord. 1988-12, 12-19-1988; amd. Ord. 2002-4, 3-4-2002; 2005 Code)

   A.   Any person desiring to improve property shall submit to the building official a certificate of survey of said premises and information on the location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments, and any other information which may be necessary to ensure conformance to city regulations.

   B.   All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city. The zoning administrator shall approve all such site plans prior to the issuance of a building permit.

   C.   Except in the case of properties where sanitary sewer has not previously been provided to the lot, a lot of record existing upon the effective date hereof in a residential district, which does not meet the requirements of this ordinance as to area or width, may be utilized for single-family detached dwelling purposes, provided the measurements of such area or width are within seventy percent (70%) of the requirements of this ordinance. This chapter is not intended to allow reduction in setbacks and required yards.

   D.   Except in the case of planned unit developments as provided for in chapter 2700 of this ordinance, not more than one principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning as defined in chapter 200 of this ordinance.

   E.   On a through lot (a lot fronting on 2 parallel streets), both street lines shall be front lot lines for applying the yard and parking setback regulations of this ordinance. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-24, 11-3-2003)

   A.   Farm Operations Exempt: Farm operations are exempt from the requirements of this section.

   B.   Single-Family Accessory Uses:

      1.   Setbacks:

         a.   Front Yard: No accessory use, building, structure, or equipment shall be allowed within a required front yard, except by conditional use permit.

         b.   Side Yard: Ten feet (10') and twenty feet (20') for side yard abutting a street.

         c.   Rear Yard: Ten feet (10').

         d.   Alley: Private garages having direct access onto an alley shall be set back twenty feet (20') from the alley lot line.

         e.   Encroachment: No accessory building may encroach on a required easement.

         f.   Detached accessory buildings and structures shall be setback a minimum of a five feet (5') from all other buildings and structures on the same lot.

      2.   Size:

         a.   Minimum Size: An attached or a detached garage shall not be less than five hundred thirty (530) square feet in floor area.

         b.   Maximum Size: An attached or a detached garage shall not:

            (1)   Exceed one thousand (1,000) square feet of floor area, except by conditional use permit;

            (2)   Exceed the ground coverage of the dwelling, except by conditional use permit;

            (3)   Occupy more than twenty five percent (25%) of the area of the rear yard; or

            (4)   A second accessory storage building may not exceed one hundred fifty (150) square feet in floor area, when accompanied by an attached garage on the same lot, except by conditional use permit.

         c.   Cumulative Area: The total floor area of all accessory buildings and garages shall not exceed one thousand one hundred fifty (1,150) square feet, except by conditional use permit.

      3.   Size Exception: An exception to the size requirements may be granted through an administrative permit, provided the following requirements are met:

         a.   The parcel is one acre or greater in size;

         b.   Any accessory building does not exceed the ground coverage of the dwelling;

         c.   Any accessory building shall be screened from adjacent residential property;

         d.   Any accessory building shall be constructed of the same or similar design and material as the principal building; and

         e.   Commercial and home occupation uses are prohibited in any accessory building.

      4.   Number: The total number of accessory buildings shall be limited to the following:

         a.   One (1) attached garage and one (1) detached accessory building; or

         b.   Two (2) detached accessory buildings.

         c.   Exception: An exception for a third accessory building may be granted, provided the following requirements are met:

            (1)   Third accessory structure qualifies as an “outdoor living space”, as defined in section 200.2 of this ordinance; and

            (2)   The cumulative floor area of all three (3) accessory structures does not exceed the maximum allowed floor area (1,150 square feet).

   C.   Commercial Accessory Uses:

      1.   Setbacks: All commercial accessory buildings shall meet the setbacks of the principal building.

      2.   Size: All commercial accessory buildings shall not exceed thirty percent (30%) of the gross floor space of the principal building.

      3.   Number: No more than one accessory building shall be allowed on any commercially zoned property, except by conditional use permit.

      4.   Exterior: Accessory buildings shall match the exterior finish of the principal building in color and materials.

   D.   Multi-Family, Agricultural, And Industrial Accessory Uses: Except as otherwise noted, all accessory buildings and uses for all principal uses (other than single-family detached dwellings) shall conform to the setback requirements specified for the respective zoning district in which they are located.

   E.   Height Limits: Except as expressly allowed by conditional use permit, accessory buildings shall comply with the following height limitations:

      1.   Maximum Heights:

 

      2.   Exception: Accessory buildings other than garages shall be limited to ten feet (10') in height on all two-family, quadraminium, or townhouse unit lots.

   F.   Building Type And Standards:

      1.   The same or similar quality "exterior building material" (meaning exterior finish and color) shall be used in the accessory building and in the principal building.

      2.   All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building is not different from the principal building from an aesthetic and architectural standpoint, as to cause:

         a.   A difference to a degree to cause incongruity, as determined by the city council; or

         b.   A depreciation of neighborhood or adjacent property values.

      3.   "Pole buildings", as defined in section 200.2 of this ordinance:

         a.   Are prohibited in residential and commercial districts.

         b.   Are permitted within the A-1 and A-2 districts, only in association with agricultural operations.

         c.   Are allowed in industrial districts as a conditional use; provided, the following are met:

            (1)   The structure involves an expansion of an existing pole building;

            (2)   The design and building material conform to the character of the area in which the structure is located;

            (3)   There is documented need for this type of construction; and

            (4)   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met.

   G.   Noisy Uses And Equipment In Side Yards: No accessory uses or equipment, such as air conditioning units or condensers, which generate noise, may be located in a side yard, except for side yards abutting streets where equipment is fully screened from view.

   H.   Conditional Use Permits: Application for a conditional use permit under this section shall be regulated by chapter 400 of this ordinance. Such a conditional use permit may be granted; provided the following are met:

      1.   There is a demonstrated need and potential for a continued use of the structure and the purpose stated.

      2.   The building has an evident reuse or function related to the principal use.

      3.   Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare.

      4.   For conditional uses for accessory buildings exceeding one thousand (1,000) square feet in floor area in the R-1A, R-1, R-2, R-3, or R-4 zoning districts, the accessory building shall not exceed the area footprint of the principal building or ten percent (10%) of the minimum lot area of the respective zoning district.

      5.   For conditional uses for a second accessory building exceeding one hundred fifty (150) square feet in floor area in the R-1A, R-1, R-2, R-3, or R-4 zoning districts, the accessory building shall not occupy more than twenty five percent (25%) of a rear yard and/or the cumulative floor area of all accessory buildings on the lot and shall not exceed ten percent (10%) of the minimum lot area standard of the respective district.

      6.   For conditional uses exceeding the maximum accumulative floor area of one thousand one hundred fifty (1,150) square feet for accessory buildings in the R-1A, R-1, R-2, R-3, or R-4 zoning districts, the accumulative accessory floor area shall be capped at ten percent (10%) of the minimum lot area requirement of the respective district.

      7.   For conditional uses for accessory buildings that exceed the size requirements of this section the use shall not be granted if the lot meets the following conditions:

         a.   The lot shares a rear or side lot line with Cedar Creek Golf Course.

         b.   The lot is part of a subdivision approved as a planned unit development and granted flexibility for a reduced lot size.

         c.   Any substandard residential lot that falls below the minimum lot area standard of its respective zoning district.

      8.   Any accessory buildings must meet the required accessory building setbacks.

      9.   The provisions of subsection 400.2F of this ordinance shall be considered and a determination made that the proposed activities are in compliance with such criteria.

(Ord. 2009-006, 3-16-2009; amd. Ord. 2016-10, 12-5-2016; Ord. 2024-06, 10-21-2024)

   A.   Permit Required: A building permit shall be required for any swimming pool that is over twenty four inches (24") in height or depth, measured from ground level. This includes inground swimming pools, aboveground pools, on ground swimming pools and fixed in place wading pools.

   B.   Application For Permit: An application for the construction of swimming pools shall be on a city application form and accompanied by a fee established in section 3-1-3 of the city code. The permit application shall include:

      1.   Site Plan: Site plan, illustrating:

         a.   Type and size of pool.

         b.   Location of the pool on the lot.

         c.   Location of other buildings and structures on the lot.

         d.   Location of structures on adjoining lots.

         e.   Location of filter and heating units.

         f.   Location of pumps and wiring.

         g.   Location of back flush and drain outlets.

         h.   Location of any overhead or underground utilities or utility easements.

         i.   Fence locations.

      2.   Building Plans:

         a.   Swimming pool design.

         b.   Fencing and gate details.

         c.   Deck or surfacing details.

   C.   Single-Family Or Two-Family Dwelling Pools:

      1.   Setbacks And Location Standards:

         a.   Pools shall not be located in front of the principal building.

         b.   Pools shall not be located in the required side yard of any zoning district.

         c.   Pools shall not be located closer than ten feet (10') of the rear property line.

         d.   The filter unit, pump heating unit, and any noisemaking mechanical equipment shall be located not closer than twenty feet (20') to any lot line or ten feet (10') from any lot line if located within an insulated building to buffer noise.

         e.   Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.

         f.   Pools shall not be located within any private or public utility, walkway, drainage or other easement.

         g.   Pools shall be set back at least six feet (6') from the principal building or frost footing.

      2.   Lighting: Lighting for the pool shall be designed with a ninety degree (90°) cutoff and hooded to direct lighting toward the pool and not toward adjacent property.

      3.   Fences or Enclosures To Restrict Access: All swimming pools for which a building permit is required shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, barrier, or other enclosure, or any combination thereof, of sufficient density as to be impenetrable.

         a.   Inground Pools: Inground pools shall require a fence surrounding the pool area measuring at least five feet (5') in height. Fences shall be constructed of a noncorrosive material and shall not be easily climbable (chain link fences must be vinyl coated with slats for screening). Fences should be constructed to have minimal handholds and footholds. The size of openings within the fence should be minimized. The bottom of the fence shall not allow more than four inches (4") clearance from the ground. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pool areas shall be equipped with self-closing and self-latching devices where the release mechanism of the device is placed at a minimum height of forty-eight inches (48") from the bottom of the gate on a five-foot (5') fence.

         b.   Above Ground Pools: Above ground pools shall require a fence surrounding the pool area at least four feet (4') in height for above ground pools with sidewalls between twenty- four inches (24") and no more than forty-eight inches (48") in height. The above ground pool structure itself may serve as a barrier if the top of the pool measures at least forty-eight inches (48") above grade and does not require a fence, provided that safeguards are in place with a locking mechanism to be inaccessible to all small children. Safeguards may include a ladder or steps designed to be secured, locked, or removed to prevent access, or the entry point may be surrounded by a barrier such as those described in these guidelines. Fences shall be constructed of a noncorrosive material and shall not be easily climbable (chain link fences must be vinyl coated with slats for screening). Fences should be constructed to have minimal handholds and footholds. The size of openings within the fence should be minimized. The bottom of the fence shall not allow more than four inches (4") clearance from the ground. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pool areas shall be equipped with self-closing and self-latching devices where the release mechanism of the device is and placed at a minimum height of forty-two inches (42") from the bottom of the gate on a four-foot (4') fence as described above, so as to be inaccessible to all small children. Prior to filling the pool, the approved fence and/or barrier must be completely in place and inspected and approved by the city building official.

         c.   Swimming pool fences shall comply with fence setback standards of section 1000.6 of this chapter.

         d.   Required structure or safety fencing shall be completely installed within three (3) weeks following the installation of the pool, before any water is allowed in the pool, and prior to final inspection.

      4.   Water Quality/Drainage:

         a.   Water in the pool shall be maintained in a suitable manner to avoid health hazard of any type.

         b.   Back flush or pool drainage water shall be directed onto the property on which the swimming pool is located and ultimately to public storm sewer, if available.

         c.   Drainage of pools directly into public streets or other public drainageways shall require written permission of the zoning administrator and/or public works superintendent. Draining pools into the sanitary sewer is prohibited.

   D.   Multiple-Family Dwellings, Clubs And Organizations: For private swimming pools which are intended for and used by the occupants of a multiple- family dwelling and the guests of the occupants, or for private and public clubs and organizations, the following regulations shall be met in addition to those listed for single- and two-family dwellings provided in subsection C of this section:

      1.   No part of the water surface of the swimming pool shall be less than fifty feet (50') from any lot line.

      2.   No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located less than fifty feet (50') from any lot line and must be contained within an insulated building.

      3.   The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Fences shall be at least five feet (5') in height for inground pools, and at least four feet (4') in height for aboveground pools. The bottoms of the fences shall not be more than four inches (4") from the ground. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable (chainlink fences must be vinyl coated with slats for screening). All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a height not lower than forty eight inches (48") so as to be inaccessible to all small children. Prior to filling the pool, the approved fence or enclosure must be completely in place and inspected and approved by the city building official. Adequate screening, including, but not limited to, landscaping, shall be placed between the pool area and adjacent lot lines.

      4.   All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least thirty feet (30') from any lot line.

      5.   To the extent possible, back flush water or water from pool drainage shall be directed onto the owner’s property and to the nearest public storm sewer or drainage easement. Draining pools into the sanitary sewer is prohibited.

   E.   Hot Tubs:

      1.   Hot tubs accessory to multiple-family residential uses and commercial uses shall comply with swimming pool performance standards of subsection D of this section.

      2.   Hot tubs accessory to single- and two-family residential units may be allowed by administrative permit and exempt from the swimming pool performance standards of this section but shall meet the following standards:

         a.   Hot tubs shall not be located in front of the principal building.

         b.   Hot tubs shall not be located within the required side yard of any zoning district.

         c.   Hot tubs shall not be located any closer than ten feet (10') from any rear property line.

         d.   All filter units, heat units, pumps, and any noise generating equipment shall be enclosed within the cabinet of the hot tub and insulated to buffer noise.

         e.   All outdoor in ground hot tubs shall be enclosed within a protective fence with a self-locking gate or shall be secured with a locked cover when not in use. Outdoor above ground hot tubs with means to secure access to the hot tub are exempt from the required fence and gate requirements. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-18, 9-18-2003; 2005 Code; Ord. 2010-003, 7-6-2010; Ord. 2013-07, 8-5-2013; Ord. 2017-01, 1-3-2017; Ord. 2019-10, 12- 16-2019; Ord. 2022-06, 6-20-2022; Ord. 2024-01, 2-20-2024)

Fences shall be permitted in all yards subject to the following:

   A.   Permit Required: Except for fence exceptions identified in subsection J of this section, it is unlawful for any person to hereafter construct or cause to be constructed or erected within the city any fence without first making an application for, securing, and paying the fee as established in section 3-1-3 of the Albertville City code for a fence permit.

   B.   Locations: All boundary line fences shall be located entirely upon the private property of the person constructing or causing the construction of such fence. The building official may require the owner of the property upon which a fence now exists, or may require any applicant for a fence permit, to establish the boundary lines of a person's property by a survey thereof to be made by a registered land surveyor.

   C.   Construction And Maintenance: Every fence shall be constructed in a substantial, professional manner and of metal, wood, masonry, or other decay resistant material reasonably suited for the purpose for which the fence is proposed 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 of disrepair or danger, or constitute nuisance, public or private. Any such fence which is, or has become, dangerous to the public safety, health or welfare is a public nuisance, and the zoning administrator shall commence proper proceedings for the abatement thereof.

   D.   Barbed Wire And Electric Fences: Except as specified in this section, barbed wire fences and electric fences shall only be permitted in the A-1 and A-2 districts when related to farming and hobby farms, and on farms in other districts when related to farming, but not as boundary line fences.

   E.   Solid Walls: Solid walls eight feet (8') in height may be constructed and maintained only in the buildable area of a lot by approval of a conditional use permit.

   F.   Corner Lot Fences: On corner lots in all districts, no fence or screen shall be permitted within the triangular area defined as beginning at the intersection of the projected right of way lines of two (2) intersecting streets, thence thirty feet (30') from the point of beginning on the other right of way line, thence to the point of beginning 2 .

   G.   Residential District Fences: All residential fences shall be placed within the property being fenced.

      1.   Fences not more than six feet (6') in height may be erected along side and rear property lines, provided such fences do not extend forward of the principal structure. In the case of a side yard on a corner lot that abuts a street, a minimum fence setback of twenty feet (20') shall be maintained for all fences exceeding forty eight inches (48") in height. (See diagram 7.A of this section.)

       2.   Should the rear lot line of a corner lot be common with the side lot line of an abutting lot, a minimum twenty foot (20') side yard setback must be maintained on the corner lot for all fences exceeding forty eight inches (48") in height. (See diagram 7.B of this section.)

      3.   The required screening provisions for residential districts shall supersede, where applicable, the provisions of this section.

      4.   All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced.

      5.   All fences shall not obstruct natural drainage.

      6.   Fences extending across required front yards or a required side yard which abuts a street on a corner lot shall not exceed forty eight inches (48") in height, shall be at least seventy five percent (75%) open space for passage of air and light, shall not be constructed of chainlink, and shall maintain the traffic visibility requirements of section 1000.8 of this chapter.

   H.   Commercial And Industrial District Fences: All commercial and industrial fences shall be placed within the property being fenced.

      1.   Fences extending across a required front yard or a required side yard which abuts a street on a corner lot shall be at least seventy five percent (75%) open for the passage of air and light and shall maintain the traffic visibility requirements of section 1000.8 of this chapter.

      2.   Business and industrial fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8') shall require a conditional use permit.

      3.   Fences which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') above the ground.

      4.   The screening provisions for commercial and industrial districts shall supersede, where applicable, the provisions of this subsection.

   I.   Special Purpose Fences: Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit reviewed by the planning commission and approved by the council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended. The city may stipulate the height, location, construction, materials and type of special fence thereby permitted.

   J.   Exception To Fence Permits: The following temporary fences may be installed or erected without a fence permit:

      1.   Construction fences needed to secure a construction or excavation site, provided:

         a.   The project site has an active building permit, demolition permit, or excavation permit.

         b.   Said fence location is approved by the city building official.

      2.   Garden fences used to protect gardens, shrubs or landscaping from damage from animals or ornamental fencing that accents a landscape feature may be allowed within a residential zoning district provided:

         a.   Garden fences shall not exceed forty two inches (42") in height.

         b.   Garden fences shall not be a boundary line fence and shall not be located closer than five feet (5') from any lot line.

      3.   Snow fences for the purpose of controlling drifting snow shall be allowed provided:

         a.   Snow fences shall not be a boundary line fence and shall not be located closer than five feet (5') from any lot line.

         b.   Snow fences shall not be located in the front yard of any residential lot.

         c.   Snow fences shall be of a temporary design. These fences shall not be installed prior to November 15 and shall be removed no later than March 15.

      4.   Any fences related to an active farm and/or permitted farming activity. (Ord. 1988-12, 12-19-1988; amd. Ord. 1999-9, 10-19-1999; Ord. 2003-17, 8-18-2003; 2005 Code; Ord. 2011-002, 2-7-2011; Ord. 2013-07, 8-5-2013; Ord. 2019-13, 12-16-2019)

   A.   Fencing And Screening:

      1.   Where any business or industrial use (i.e., structure, parking or storage) abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as defined by this ordinance).

      2.   All fencing and screening specifically required by this ordinance shall be subject to section 1000.8 of this chapter and shall consist of either a fence or a greenbelt planting strip as follows:

         a.   A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide complete visual screening to a minimum height of six feet (6'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of plantings shall require the approval of the council.

         b.   A required screening fence shall be constructed of masonry (e.g., brick, stone, decorative concrete block, interlocking or mortarless concrete wall systems), wood or metal. Chainlink fences with privacy slats shall not be permitted within residential or commercial zoning districts to meet the requirements for screening. Such fence shall provide a solid screening effect six feet (6') in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the city council. Fences in excess of six feet (6') in height shall require approval of the zoning administrator and the building official.

   B.   Landscaping; General Residential:

      1.   Required Ground Cover: The lot area remaining after providing for driveways, sidewalks, patios, building site and/or other requirements shall be sodded, seeded and mulched prior to issuance of a certificate of building occupancy, as follows:

         a.   Sod/Seeding Requirement:

            (1)   The boulevard (street right of way) of the lot shall be sodded.

            (2)   The front yard beyond the boulevard (street right of way) including the side yard shall be sodded.

            (3)   The yard may be seeded in lieu of sodding provided it has an underground sprinkler system which covers one hundred percent (100%) of the yard, silt fence installed on the nonsodded perimeter boundary and a cash escrow is established with the city plus a nonrefundable administrative fee in an amount established in section 3-1-3 of the city code. Upon satisfactory installation of the ground cover and significant growth as determined by the city, the escrow will be returned to the property owner and a certificate of occupancy issued.

            (4)   If the weather or other uncontrollable factors prevent the sodding or seeding of bare ground within fourteen (14) days of the final grading, the area shall be covered with straw or other temporary material to control erosion.

         b.   Nongrowing Season Escrow:

            (1)   A temporary certificate of occupancy can be granted for a building during the nongrowing season provided that the owner establishes a cash escrow with the city plus a nonrefundable administrative fee in an amount as established in section 3-1-3 of the city code. Upon satisfactory installation of the ground cover, the escrow will be returned to the property owner and a certificate of occupancy issued.

            (2)   If the ground cover is not installed by June 1 of the following year, the owner will forfeit the escrowed funds and be required to vacate the property until the certificate of occupancy can be issued when ground cover has been installed. The cost to install the ground cover shall be at the homeowner's expense.

            (3)   If the weather or other uncontrollable factors prevent the sodding or seeding of bare ground within fourteen (14) days of the final grading, the area shall be covered with straw or other temporary material to control erosion.

            (4)   A thirty (30) day extension may be granted for good reason by the city council upon written request of the landowner.

         c.   Exception To Sodding Or Seeding:

            (1)   A homeowner with a yard area in excess of one acre can apply for an extension to the sodding and seeding requirements for yard area portion in excess of one acre provided the landowner submits a ground cover plan acceptable to the city. The intent of this exception is to allow a landowner to seed and mulch, but not irrigate larger acreages.

      2.   Required Plantings: In addition to required ground cover specified in subsection B1 of this section and exclusive of required buffering or screening, all residential properties containing four (4) dwelling units or less shall contain a minimum of one shade tree or evergreen tree which shall conform to the minimum size requirements listed in subsection D of this section.

      3.   Limitations: Fences and trees shall not be located within the street or other public right of way. Any landscape structures and plantings placed upon utility easements or within the public right of way are subject to removal if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed twenty feet (20') in height. (The planting of large trees is not recommended under overhead wires.) The amount of hard surfacing provided on a lot shall be limited to the size and area necessary to accommodate ordinance requirements and allowances.

   C.   Landscaping; New Residential Subdivisions, Semipublic And All Income Producing Property Uses: (Excluding residential structures containing 4 dwelling units or less.) Prior to approval of a building permit, all above referenced uses shall be subject to a mandatory landscape plan and specification requirements.

      1.   Focus Of Plan: The landscape plan should be developed with an emphasis upon the boundary or perimeter of the proposed site at points adjoining other property and the immediate perimeter of the structure.

      2.   Required Ground Cover: The lot area remaining after providing for off street parking, off street loading, sidewalks, driveways, building site and/or other requirements shall be sodded or seeded and mulched within thirty (30) days of building occupancy.

         a.   The front and side yards (and/or any other yard which abuts a public street) of all lots shall be sodded. Rear yards which do not abut a public street may be seeded and mulched. In special cases, deviation from this standard may be approved by the city planner or city building official.

         b.   In cases where sodding or seeding and mulching has not been done within thirty (30) days of building occupancy, the property owner/developer shall be required to provide an escrow deposit, in an amount established in section 3-1-3 of the city code, which will be returned to the property owner/developer upon completion of the work.

         c.   If the weather or other uncontrollable factors prevent the sodding or seeding of bare ground within fourteen (14) days of final grading, the area shall be covered with straw or other temporary material to control erosion.

      3.   Required Plantings: In addition to required ground cover specified in subsection C2 of this section and exclusive of required buffering or screening, all new residential subdivisions, semipublic and all income producing property uses (excluding residential structures containing 4 dwelling units or less) shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping within one year following the date of building occupancy.

         a.   A minimum of one shade tree or evergreen tree shall be provided per residential unit and per nonresidential lot which shall conform to the minimum size requirements listed in subsection D of this section.

         b.   A minimum of sixteen (16) ornamental trees or shrubs shall be provided per street side of nonresidential lots which shall conform to the minimum size requirements listed in subsection D of this section.

   D.   Minimum Size Requirements: All plants must at least equal the following minimum size:

 

The type and mode of planting for all trees and shrubs is dependent upon time of planting season, availability, and site conditions (soils, climate, groundwater, manmade irrigation, grading, etc.).

   E.   Spacing: Plant material centers shall not be located closer than three feet (3') from the fence line or property line and shall not be planted to conflict with public plantings based on the judgment of the city staff.

   F.   Types Of Plantings:

      1.   The following species are suitable for screening and landscaping purposes:

 

      2.   The following species are prohibited for screening and landscaping purposes within public rights of way:

 

      3.   The following species are prohibited for screening and landscaping purposes throughout the entire city of Albertville:

 

   G.   Design:

      1.   The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes).

      2.   All areas within the property lines (or beyond, if site grading extends beyond) shall receive landscape treatment or surfacing. All exterior areas not paved or designated as roads, parking or storage must be planted into ornamental vegetation (lawns, ground covers or shrubs) unless otherwise approved by the zoning administrator.

      3.   Turf slopes in excess of 2.1 are prohibited.

   H.   Landscape Maintenance:

      1.   All plants shall be guaranteed for two (2) full years from the time planting has been completed via a landscaping warranty. All plants shall be alive and in satisfactory growth at the end of the warranty period or replaced.

      2.   All plants required as part of an approved landscaping plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscape plan on file with the city.

      3.   Maintenance and adherence of the approved landscape plan is the responsibility of the property owner.

      4.   Failure to adhere to an approved landscape plan constitutes a violation of city approval.

   I.   Existing Trees: With respect to existing trees in new developments, all trees on the site are to be saved which do not have to be removed for streets, buildings, utilities, drainage or active recreational purposes. Trees over six inches (6") in diameter that are to remain are to be marked with a red band and are to be protected with snow fences or other suitable enclosure prior to any site grading or excavation. The city may further require that the applicant retain a professional forester to prepare a forest inventory and management plan for the development in order to control and abate any existing or potential shade tree disease.

   J.   Mechanical Equipment: All mechanical equipment, such as air conditioning units, etc., erected on the roof of any structure shall be screened so as not to be visible.

   K.   Buffer Yards:

      1.   Lot Depth Requirements: Double frontage residential lots shall have an additional depth of at least twenty feet (20') in order to allow space for buffering/screen planting along the back lot line. Except as may be approved by the city council and except for lots of record, preliminary platted lots, and residential planned unit development concepts having legal standing on January 1, 1998, for those lots which abut arterial or major collector streets, the following minimum lot depths shall be required. Lot widths of double frontage lots which meet the minimum depth requirements may be reduced by ten feet (10'), provided lot area minimums can be met.

 

 

      2.   Lot Width Requirements: Except as may be approved by the city council and except for lots of record, preliminary platted lots, and residential planned unit development concepts having legal standing on January 1, 1998, lots which border major collector or arterial streets on a side yard shall be increased at least ten feet (10') in required minimum lot width for the purpose of establishing buffers along the lot line bordering such streets.

      3.   Screening Plan: For applicable subdivisions, a screening plan shall be submitted. The plan shall identify all proposed buffer screening by type, size and location.

      4.   Timing/Responsibility Of Installation: Weather permitting, all buffer yards, bermings, and/or plantings shall be constructed or planted within thirty (30) days of issuance of an occupancy permit. In cases where buffer yards, bermings, and/or plantings have not been installed within thirty (30) days of building occupancy, the property owner/developer shall be required to provide an escrow deposit equal to one and one-half (11/2) times the estimated cost of the ground cover, which will be returned to the property owner/developer upon completion of the work.

      5.   Maintenance:

         a.   Maintenance of the buffer strip planting and/or fence shall be the responsibility of the individual property owners or, if applicable, the homeowners' association.

         b.   All repairs to the fence or wall and all replacement of landscape materials or plantings shall be consistent with the original approved screening design.

      6.   Design Standards: All plantings within designated buffer yards shall adhere to the following:

         a.   Fencing and screening shall be consistent with subsection A of this section.

         b.   Plant material centers shall not be located closer than three feet (3') from the fence line or property line.

         c.   Landscape screening shall be planted in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the city council.

         d.   Where massing of plants or screening is intended, plant spacing shall be specific to the species chosen to provide screening to a height of six feet (6') in compliance with this section. The "American Standard For Nursery Stock" published by the American Association Of Nurserymen shall be used as the reference for spacing guidelines as needed.

         e.   Landscape materials, sizes, and spacing shall be consistent with subsections D through F of this section. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-17, 11-17-1997; 2005 Code; Ord. 2005-03, 6-6-2005; Ord. 2009-001, 2-2-2009; Ord. 2009-016, 10-5-2009; Ord. 2017-01, 1-3-2017)

A. Corner Lots: On corner lots in all districts, no structure or planting in excess of the street centerline grade shall be permitted within a "triangular area" defined as follows: Beginning at the intersection of the projected property lines of two (2) intersecting streets, thence thirty feet (30') from the point of beginning on the other property line, thence to the point of beginning 1 .

   B.   Fences, Walls And Hedges: No fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet (2') and eight feet (8') where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. In required front yards or a required side yard abutting a street on a corner lot, fences, walls, hedges, or structures shall be at least seventy five percent (75%) open space for passage of air and light. These regulations shall apply unless it can be demonstrated that the structure provides an unobstructed view so as not to create a safety hazard. (Ord. 1988-12, 12-19-1988)

   A.   Water Runoff In Adjacent Properties Prohibited: No land shall be developed and no use shall be allowed that results in water runoff causing flooding, erosion, or deposit of minerals on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities subject to the review and approval of the city engineer and in accordance with storm drainage plans as may be established by the city.

   B.   Submittal Of Drainage Plans: In the case of all residential subdivisions, multiple-family, business and industrial developments, the drainage plans, including necessary spot elevations, shall be submitted to the city engineer for his review, and the final drainage plan shall be subject to his written approval. In the case of such uses, no modifications in grade and drainage flow through fill, erection of retaining walls or other such actions shall be permitted until such plans have been reviewed and have received written approval from the city engineer.

C. Top Of Foundation And Garage Floor Requirements: Except by written authorization of the city engineer, the top of the foundation and garage floor of all structures shall be one and one-half feet (11/2') above the grade of the crown of the abutting street.

   D.   Structure Elevations: No structures, except docks and retaining walls, shall be constructed below the following minimum elevations:

      1.   For structure adjacent to ponds, wetlands, ditches, and other water bodies: all low opening elevations shall be at least two feet (2') above the 100-year flood level (HWL); all low floor elevations shall be at least one foot (1') above the normal water level (NWL); all low openings shall be at least two feet (2') above the emergency overflow (EOF).

      2.   For public waters and public water wetlands (DNR protected water bodies) follow the criteria in subsection 4905.22 of this ordinance for setting structure elevations.

      3.   In the case of a landlocked basin, the low floor and low opening elevation shall be at least one and three feet (3'), respectively, above the surveyed basin overflow; or one and three feet (3'), respectively, above the high water level of the basin as determined from an estimate using the SHYM, or two (2) 100- year, twenty four (24) hour back to back storm events, whichever produces the higher peak water elevations, under full build out conditions for the contributing watershed. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-17, 11-17-1997; Ord. 2004-19, 12-20-2004; Ord. 2009-009, 3-2-2009)

   A.   Purpose: It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing nighttime safety, utility, security and productivity.

   B.   Exemptions: The provisions of this section shall not apply to the following:

      1.   This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons.

      2.   This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions.

      3.   Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures.

      4.   Emergency lighting by police, fire, and rescue authorities.

   C.   Nonconforming Uses; Existing Fixtures:

      1.   Existing Fixtures: All outdoor lighting fixtures existing and legally installed prior to the effective date hereof are exempt from regulations of this section but shall comply with the ordinance requirements for glare as follows: Any lighting used to illuminate an off street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Except as provided in subsection B of this section, bare incandescent light bulbs shall not be permitted in view of adjacent property or public right of way. Any light or combination of lights which casts light on a public street shall not exceed one foot-candle (meter reading) as measured from the right of way line of said street. Any light or combination of lights which casts light on residential property shall not exceed four-tenths (0.4) foot-candles (meter reading) as measured from said property.

      2.   New Fixtures: Whenever a light fixture that was existing on the effective date hereof is replaced by a new outdoor light fixture, the provisions of this section shall be complied with.

   D.   Intensity: No light source or combination thereof which casts light on a public street shall exceed one foot-candle (meter reading) as measured from the right of way line of said street nor shall any light source or combination thereof which casts light on adjacent residential property exceed four-tenths (0.4) foot-candles (meter reading) as measured at the property line per the method outlined in subsection E of this section.

   E.   Method Of Measuring Light Intensity: The foot-candle level of a light source shall be taken after dark with the light meter held six inches (6") above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two (2) readings will be identified as the light intensity.

   F.   Performance Standards:

      1.   Residential/Public/Semipublic/Institutional District Standards: In all residential and public, semipublic/institutional districts, any lighting used to illuminate a structure, an off street parking area, or other area shall be arranged as to deflect light away from any adjoining residential property or from any public right of way. All lighting shall be installed in accordance with the following provisions:

         a.   The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined by this ordinance.

         b.   Except as allowed in subsection B of this section, bare light bulbs shall not be permitted in view of adjacent property or public right of way unless part of a permanent or decorative fixture.

      2.   Business/Industrial District Standards: Any lighting used to illuminate a structure, an off street parking area, or other area in a business or industrial district shall be arranged so as to deflect light away from any adjoining residential property or from any public right of way. All lighting shall be installed in accordance with the following provisions:

         a.   Light Cutoff: The luminaire shall contain a cutoff which directs and cuts off the light at an angle of ninety degrees (90°) or less.

         b.   Lighting Adjacent Property: Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in subsection D of this section.

         c.   Architectural/Historical Light Fixtures: Architectural/historical light fixtures that feature globes that are not shielded, or lighting of entire facades or architectural features of a building, may be approved by the city council. In no case shall the light affect adjacent property in excess of the maximum intensity defined in subsection D of this section.

         d.   Height Of Source And Pole: The maximum height of the fixture and pole above the ground grade permitted for light sources is thirty feet (30'). A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located, unless allowed by conditional use permit.

         e.   Location:

            (1)   The light source of an outdoor light fixture shall be set back a minimum of ten feet (10') from a street right of way and five feet (5') from an interior side or rear lot line.

            (2)   No light source shall be located on the roof unless said light enhances the architectural features of the building and is approved by administrative permit.

         f.   Hours:

            (1)   The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one hour after closing, except for approved security lighting.

            (2)   All illuminated window signs for advertising purposes shall be turned off between twelve o'clock (12:00) midnight and sunrise; except, that said signs may be illuminated while the business facility on the premises is open for service.

         g.   Glare From Processes: Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property.

      3.   Outdoor Recreation: Outdoor lighting associated with outdoor commercial or public recreational uses such as, but not limited to, baseball fields, football fields, hockey rinks, and tennis courts, shall comply with the following provisions:

         a.   No outdoor recreation facility, whether public or private, shall be illuminated after eleven o'clock (11:00) P.M., except for required security lighting.

         b.   Off street parking areas for outdoor recreation uses which are illuminated shall meet the requirements stated for business or industrial applications as found in subsection F2 of this section.

   G.   Submission Of Plans: All applications, except single-family residential, that include outdoor lighting shall include evidence that the proposed outdoor lighting will comply with this section. The application shall contain the following information, in addition to other required information:

      1.   Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices.

      2.   Description of the type of illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices (angle of cutoff). The description shall include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required).

      3.   Photometric plans illustrating the light emissions and illumination field of the proposed site lighting. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-37, 12-15-2003; 2005 Code)

(Rep. by Ord. 2009-002, 2-2-2009)

(Rep. by Ord. 2009-002, 2-2-2009)

(Rep. by Ord. 2009-002, 2-2-2009)

   A.   Dwelling Units, Single-Family, Duplexes, And All Other Residential Structures With Four Or Less Units: Garbage cans, waste containers and recycling bins for dwelling units, single-family, duplexes, and all other residential structures with four (4) or less units shall be kept either within the principal building or accessory building or in rear or side yards.

   B.   Commercial, Industrial, Institutional, Or Residential Structures With More Than Four Units: The following provisions apply to commercial, industrial, institutional, and residential structures with more than four (4) units:

      1.   Storage: All refuse, recyclable materials 1 , and necessary handling equipment including, but not limited to, garbage cans, recycling bins, and dumpsters shall be stored within the principal structure, within an accessory building, or a trash enclosure that totally screens the equipment from eye level view from all neighboring uses and the public right of way.

      2.   Trash Enclosures: Trash enclosures that contain refuse and recyclable material or equipment shall require the following:

         a.   Exterior wall of the trash enclosure shall be masonry or similar and/or complement the principal building.

         b.   The enclosed trash and/or recycling receptacle/enclosure area shall be located in the rear or side yard and shall observe all applicable accessory building setback requirements and easements.

         c.   The trash and/or recycling enclosure shall be in an accessible location for pick up hauling vehicles.

         d.   The trash and/or recycling receptacles shall be fully screened from view of adjacent properties and the public right of way by a fence or wall of at least six feet (6') in height.

         e.   All dumpsters, recycling bins, handling equipment, and enclosures shall be approved by the zoning administrator and be kept in a good state of repair with lids designed to prevent spilling and spread of debris and access by animals. All designs and construction of trash enclosures shall be subject to approval by the city building official. (Ord. 1988-12, 12-19-1988; amd. Ord. 1990; Ord. 2003-26, 11-3-2003; 2005 Code; Ord. 2019-11, 12-16-2019)

   A.   All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

      1.   Clothesline pole and wire.

      2.   Not more than two (2) recreational vehicles, subject to the following conditions:

         a.   Front yard storage:

            (1)   All permitted recreational vehicle storage must be on a driveway or paved surface.

            (2)   All permitted recreational vehicle storage must be set back at least fifteen feet (15') from the back of the curb and may not extend into any sidewalk area.

            (3)   Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator.

         b.   Side yard storage:

            (1)   All permitted recreational vehicle storage must be on an area surfaced with asphalt, concrete or crushed rock with a border that prevents erosion.

            (2)   All permitted recreational vehicle storage must be set back at least two feet (2') from the property line.

            (3)   All permitted recreational vehicle storage within a side yard shall be located adjacent to the garage with direct access from the existing driveway. The access to the storage area shall be surfaced with asphalt, concrete or crushed rock.

            (4)   Outdoor storage pads may be constructed within public utility and drainage easements provided that:

               (A)   Permitted recreational vehicle or trailer storage shall not interfere with stormwater drainage or divert stormwater to neighboring properties.

               (B)   No parking pad shall be located within a drainage or utility easement without written permission of the city engineer.

               (C)   Removal of a parking pad or a portion thereof for the purpose of utilizing an established drainage and utility easement shall be at the property owner’s expense and will not be replaced by the city.

            (5)   On a corner lot, all permitted recreational vehicle storage must be set back at least twenty feet (20') from the property line abutting a street right of way.

         c.   Rear yard storage:

            (1)   All permitted recreational vehicle storage must be set back at least five feet (5') from the rear lot line and five feet (5') from the side lot line(s) if not on a paved surface.

            (2)   Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator.

      3.   Construction and landscaping material currently being used on the premises.

      4.   On and off-street parking of currently registered and operable passenger vehicles and trucks with a classification of vehicle classes 1-3, with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of the Albertville code.

      5.   Lawn furniture or furniture used and constructed explicitly for outdoor use.

      6.   Rear or side yard exterior storage of firewood for the purpose of consumption only by the person or persons on whose property it is stored.

      7.   Temporary storage containers including, but not limited to, cargo containers, portable on demand storage units, and dumpsters, are not allowed as permanent storage structures. Temporary storage containers being used for household relocation and improvement projects are permitted subject to the following conditions:

         a.   The temporary storage container is enclosed and secure.

         b.   The temporary storage container is located on a property for no more than thirty (30) consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the temporary storage container may be located on the property for no more than ninety (90) consecutive days.

         c.   The temporary storage container is located on a driveway or hard surface area in the front yard, must be setback a minimum of fifteen feet (15') from the public street curb and five feet (5') from a private street curb, and five feet (5') from side property lines, and may not intrude on sidewalks.

         d.   No permit is required for the temporary storage container. The city may require information appertaining to the dates upon which the temporary storage container was placed on a property and when it will be removed if concerns are raised over the duration of time during which the storage container is located on the property.

      8.   Residential dumpster bags being used for household relocation and improvement projects are permitted subject to the following conditions:

         a.   The residential dumpster bag is located on a property for no more than fourteen (14) consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the residential dumpster bag may be located on the property for no more than ninety (90) consecutive days.

         b.   The residential dumpster bag must be setback a minimum of five feet (5') from the public street curb and five feet from a private street curb, and five feet (5') from side property lines, and may not intrude on sidewalks.

         c.   No permit is required for the residential dumpster bag. The city may require information pertaining to the dates upon which the residential dumpster bag was placed on a property and when it will be removed if concerns are raised over the duration of time during which the residential dumpster bag is located on the property.

   B.   Except as allowed by district use provisions, outside storage of equipment, materials and inventory as an accessory use for commercial and industrial uses shall require a conditional use permit subject to the provisions of chapter 400 of this ordinance. In addition, all nonresidential outside storage shall conform to the following conditions:

      1.   The area occupied is not within a required front or required side yard.

      2.   The storage area is totally fenced, fully screened and landscaped according to a plan approved by the zoning administrator, and a landscape guarantee, as determined by the zoning administrator, is provided.

      3.   If abutting a residential district or use, screening and landscaping is provided according to a plan approved by the zoning administrator.

      4.   The storage area is grassed or surfaced with asphalt, concrete, or crushed rock (concrete or granite) to control dust. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the city shall require that a hard surface be installed within three (3) months of formal written notice to the property owner.

      5.   All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with section 1000.10 of this chapter.

      6.   The storage area does not encroach upon required public or employee parking space(s), required loading space, or snow storage area as required by this ordinance.

      7.   A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the city engineer.

      8.   Parking in excess of the required number of parking stalls per Section 1200.9 of the Albertville zoning Code shall be considered outdoor storage for the purpose of calculating the total area of allowed for outdoor storage.

      9.   The ratio of outdoor storage area to principal building footprint shall not exceed 3: 1.

   C.   All new uses shall comply with the foregoing procedures and standards. For the purpose of public health and safety, any outside storage existing upon the effective date hereof shall be brought into compliance (including required review and processing by the city) no later than January 1, 1995. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-11, 9-20-1993; Ord. 2004-02, 1-5-2004; Ord. 2015-02, 5-18-2015; Ord. 2021-13, 10-18-2021; Ord. 2022-03, 3-7-2022; Ord. 2022-08, 6-20-2022; Ord. 2022-16, 12-5-2022 ; Ord. 2023-08, 7-17-2023 )

   A.   Once available, all on site sewage disposal systems shall be connected to the public sanitary system within two (2) years.

   B.   The installation of on site sewage treatment systems shall be in compliance with Minnesota rules 7080. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system or any public water body, but shall be disposed of in a manner approved by the Minnesota state fire marshal, the pollution control agency, and the department of natural resources. (Ord. 1988-12, 12-19-1988)

All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota state fire marshal and Minnesota department of agriculture offices and have documents from those offices stating the use is in compliance. (Ord. 1988-12, 12-19-1988)

(Rep. by Ord. 2009-002, 2-2-2009)

(Rep. by Ord. 2009-002, 2-2-2009)

   A.   Responsibility: Pursuant to subsections 1000.7B and C and sections 1000.8 and 1000.9 of this chapter, and chapter 2600 of this ordinance, private property owners shall be responsible for the maintenance of the boulevard portion of the public right of way upon which their property fronts and for the public easements which may exist upon their property.

   B.   Area Protection: So as to ensure and maintain public safety, no fences, shrubs, trees, landscape ornaments, berms or other physical obstruction shall be placed within a five foot (5') radius of fire hydrants placed in public rights of way or public easements. The protected area shall be seeded or sodded, or surfaced with gravel/landscape rocks which are no larger than two inches (2") in diameter. Furthermore, the city shall not be responsible or held liable for any damage resulting from the maintenance or emergency use of a fire hydrant, nor the removal of obstructions which violate the provisions of this section.

   C.   Snow Removal: No person shall deposit or cause to be deposited any snow and/or ice on or against a fire hydrant. It shall be the responsibility of the city to maintain snow clearance necessary for the successful operation of fire hydrants within public rights of way or public easements.

   D.   Corrective Actions: Properties found to be in violation of the provisions of this section shall, upon written notice from the city, remove any obstruction or correct any problems and be in compliance with this section within fifteen (15) days from the date of said notice. Failure to comply with said notice shall result in corrective actions being taken by the city, and the cost for such actions charged and assessed to the property in question. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-1, 1-19-1993)

Temporary outdoor seasonal sales may be permitted in any business zoning district; provided, that the following minimum criteria are complied with:

   A.   A permit application form, fee, as established in section 3-1-3 of this city code.

   B.   A site plan illustrating the location and compliance with the following criteria shall be submitted to the city administrator who is hereby authorized to review and approve permits for temporary outdoor seasonal sales, provided the following criteria are established:

      1.   The maximum term of operation shall be fourteen (14) consecutive days, with a maximum of two (2) permits per calendar year for a property.

      2.   An interim use permit may be issued for a maximum term of operations greater than fourteen (14) consecutive days.

      3.   No portion of the use shall take place within any public right of way or landscaped green strip.

      4.   Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns.

      5.   Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property.

      6.   The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking or driving operations.

      7.   Sales products, trailers, temporary stands, etc., shall be located on an asphalt or concrete surface as approved in the administrative permit.

      9.   The owner/operator shall have the written permission of the current property owner to locate the use on a specific site.

      10.   A daily cleanup program shall be presented as part of the administrative permit application.

      11.   Those temporary outdoor seasonal sales uses that are determined by the city administrator not to be consistent with the intent of the city code or comprehensive plan may be appealed pursuant to the process outlined in chapter 600 of this code.

(Ord. 1988-12, 12-19-1988; amd. Ord. 1999-8, 10-19-1999; Ord. 2010-002, 7-19-2010; Ord. 2017-01, 1-3-2017; Ord. 2024-05, 10-21-2024; Ord. 2025-08, 10-6-2025)

In addition to the regulations outlined within each zoning district, all projects that include attached residential units are subject to the following requirements:

   A.   Submittals Required: All requests for a development shall be accompanied by a series of site plans and data showing:

      1.   Building locations, dimensions, and elevations, all signs, structures, entry areas, storage sites, and other structural improvements to the site including future decks and porches.

      2.   Circulation plans for both pedestrian and vehicular traffic.

      3.   Fences and screening devices.

      4.   Solid waste disposal/recycling provisions and facilities.

      5.   Storm drainage plans.

      6.   Firefighting and other public safety facilities and provisions such as hydrant locations and fire lanes.

      7.   Data pertaining to numbers of dwelling units, sizes, lot area, ratio, etc.

      8.   Exterior wall materials and design information.

      9.   A two foot (2') contour topographical map of the existing site.

      10.   A grading plan illustrating the proposed grade changes from the original topographical map. All site area, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and ground water in such a manner as to preclude large scale erosion, unwanted ponding and surface chemical runoff.

      11.   A recreation plan illustrating, in detail, all recreational facilities and structures.

      12.   A landscape plan consistent with the standards in section 1000.7 of this chapter.

      13.   A soil erosion control plan for the construction period.

      14.   Park dedication consistent with section 11-7-8-2 of the city code.

   B.   Height, Setback And Land Area Requirements: Height, setback and land area requirements shall be as required in the underlying zoning district and section 1100.10 of this ordinance.

   C.   Maximum Development Density: The maximum development density for two-family, townhome, quadraminium, or multiple-family will be based on the net buildable area as required in section 1100.9 of this ordinance. The required lot size is exclusive of public street rights of way, wetlands, major drainageways, water bodies, and slopes steeper than twelve percent (12%). Required lot area per unit may be decreased by up to twenty five percent (25%) based on the following features:

 

 

   D.   Parking Requirements: Parking requirements shall be provided as required by chapter 1200 of this ordinance.

   E.   Landscape Provisions:

      1.   All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers, and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table:

 

 

      2.   Each site shall include at least thirty percent (30%) open space, that is space without buildings, paving, or other impervious surface.

      3.   The landscaping standards and requirements shall be consistent with section 1000.7 of this chapter.

   F.   Screening:

      1.   Screening to a height of at least five feet (5') shall be required when a drive access to a parking area or off street parking area that contains more than six (6) parking spaces is within thirty feet (30') of an adjoining residential zone.

      2.   All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than five feet (5') in height, and shall be located to meet the required building setbacks for the district.

      3.   In multiple-family dwelling developments, refuse/recycling, either combustible or noncombustible, shall be contained in a rodentproof, screened structure near the principal building. Access doors large enough to allow bin type refuse containers to be removed for loading in refuse trucks shall be a part of the design of the refuse storage space.

      4.   For two-family, townhouse and quadraminium developments subject to these regulations, trash containers shall be stored within the garage or individual unit.

   G.   Streets: All streets shall be public and shall comply with design standards and specifications as governed by the city subdivision ordinance 1 unless private roads are permitted under a PUD.

   H.   Drives:

      1.   Dead end private driveways shall serve a maximum of twenty four (24) dwelling units subject to the ability to provide emergency vehicle access and maneuvering space.

      2.   Private drives shall be under the ownership and control of the property owner association which shall be responsible for the maintenance, repair, and replacement of surfacing.

      3.   Private drives must include plans and areas for snow storage.

   I.   General Requirements:

      1.   All units proposed under this ordinance shall be designed and constructed to have a mix of exterior finishes that shall include at least twenty five percent (25%) brick or stone or an equivalent material to be approved by the city.

      2.   Multiple-family units of three (3) or more stories shall be constructed of brick or stone or an equivalent material, to be approved by the city, on at least fifty percent (50%) of each exterior elevation of a building.

      3.   Parking, storage or garage entrance areas of multiple-family dwelling developments shall be placed interior to the site rather than by neighboring residential uses.

      4.   All multiple residence dwelling units (apartments) shall provide a minimum of one hundred fifty (150) square feet of miscellaneous storage space for each dwelling unit within the structure. Such space shall be in addition to normal storage space provided in wardrobes, cabinets, closets, and linen closets.

      5.   No multiple residence dwelling unit shall be so constructed as to have more than forty percent (40%) of the horizontal linear distance of a unit's exterior wall below ground. Continuous window wells or other selective excavation shall not be used to circumvent this restriction. Areas which do not qualify as dwelling units because of the restriction may be used for recreation, amusement, storage, parking or as utility areas.

      6.   Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances of the building.

   J.   Recreation Areas:

      1.   The city council may require, at its discretion, that open space, as required in subsection E2 of this section, be configured in a manner to provide recreation facilities such as a tot lot or playing fields. The need for such facilities shall be based in part on the type of structure(s) proposed, the target market for the units, the proximity to public recreation areas and other factors identified by the city.

      2.   Outdoor swimming pools or other intensive recreation uses shall observe setbacks as required for the principal structure.

   K.   Remodeling, Renovation, And Improvements To Existing Structure Requirements: Any remodeling, renovation, or improvements to an existing two-family, townhouse, quadraminium or multiple-family structures shall meet the following requirements:

      1.   Replicate the original exterior finishes of the building. This requirement shall be waived if a complete renovation of the entire development/building is being done in cooperation with all owners in the same development/building.

      2.   Complement the architecture of adjoining attached unit (unless the original approval was for varying exterior finishes, colors, etc.).

      3.   This section shall only apply to exterior finishes, such as the type or color of finishes, building materials, siding, driveway applications (where driveways are attached), etc. (Ord. 1988-12, 12-19-1988; amd. Ord. 2000-6, 8-7-2000; 2005 Code; Ord. 2009-019, 11-2-2009)

Pursuant to authority granted by Minnesota statutes section 462.3593, subdivision 9, the city of Albertville opts out of the requirements of Minnesota statutes section 462.3593, which defines and regulates temporary family healthcare dwellings. (Ord. 2016-08, 8-15-2016)

   A.   Zoning District Allowance. Roof- mounted Solar energy systems in accordance with the standards in this Chapter are allowed as a permitted in all zoning districts.

   B.   Standards.

      1.   Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district.

      2.   Setbacks. Roof-mounted systems shall comply with all building setbacks in the applicable zoning district and shall be setback eighteen (18) inches from the perimeter and the crown of the roof on which the system is mounted.

      3.   Roof Mounting. Roof-mounted solar collectors on residential buildings may be flush-mounted or bracket-mounted. Bracket-mounted collectors shall be permitted only when a determination is made by the City Building Official that the underlying roof structure will support apparatus with regard to wind, and snow loads, and all applicable building standards are satisfied.

      4.   Screening. Roof-mounted solar energy systems on commercial, industrial, or institutional buildings shall be treated as mechanical equipment and shall be screened from view from adjoining properties or public streets.

      5.   Fire access. Roof-mounted solar energy systems shall provide a thirty-six (36) inch unobstructed fire access lane at the periphery or through the solar energy system.

      6.   Aesthetics. All solar energy systems shall minimize glare towards vehicular traffic and adjacent properties.

   C.    Safety.

      1.   Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC) ,the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electrotechnical Commission (IEC), International Organization for Standardization (ISO), Underwriter’s Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the City Building Official.

      2.   Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the City Building Official. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

      3.   Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect shall be provided if required by the utility.

   D.   Permit. A building permit shall be obtained for any solar energy system prior to installation. (Ord. 2022-09, 6-20-2022)