No garage, recreational vehicle or trailer, camper, houseboat, automobile, semi-trailer, tent, shed, storage container or other accessory building or temporary structure may be used as a dwelling unit.

The following accessory uses, in addition to those specified elsewhere in this chapter, shall be permitted in any residential district, if the accessory uses do not alter the character of the premises in respect to their use for the purposes permitted in the district:

(1)

The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district.

(2)

Recreation, refreshment and service buildings in public parks and playgrounds.

(Prior Code, § 74-481)

(a)

Any accessory building in excess of 200 square feet must meet minimal requirements of the state building code.

(b)

In case an accessory building is attached to the main building, it shall be made structurally part of the main building and shall comply in all respects with the requirements of this chapter applicable to the main building.

(c)

An accessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this section.

(d)

A detached accessory building shall not exceed 15 feet in height for a building with a shed or flat roof, 18 feet in height for a gable, hip, gambrel, mansard, arch or round roof, or the height of the principal building, whichever is less.

(e)

The wall height of a detached accessory building shall not exceed 12 feet.

(f)

A detached accessory building shall not be located in any required front yard or within five feet of any side or rear lot line.

(g)

In any residential zoning district the style, color, and facing material of a garage shall be compatible with the principal building. No garage shall have a facing material that consists of factory fabricated or pre-engineered steel or finished metal panels or other similar material.

(h)

No accessory building in a business or mixed-use zoning district shall have a facing material that consists of metal, aluminum or other similar materials.

(i)

In residential districts, temporary accessory buildings or containers used for construction purposes are permitted for a period of up to six months after the initial issuance of a building permit. Temporary buildings used for this purpose may be of any material.

(Prior Code, § 74-482)

(a)

Where the average slope of a lot is greater than one foot rise or fall in seven feet of horizontal distance from the established street elevation at the property line, one story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.

(b)

In any district with a height limit of less than 50 feet, public and semi-public buildings, schools, churches, hospitals and other institutions permitted in the district may be erected to a height not exceeding 50 feet. The front, rear and side yards shall be increased one foot for each one foot by which the building exceeds the height limit established in this chapter for such district.

(c)

Height limitations set forth elsewhere in this chapter may be increased by 100 percent when applied to the following:

(1)

Monuments.

(2)

Flag poles.

(3)

Cooling towers.

(4)

Elevator penthouses.

(d)

Height limitations as set forth elsewhere in this chapter may be increased with no limitation when applied to the following, provided that a conditional use permit is issued to increase height:

(1)

Church domes, spires, belfries and roof ridges.

(2)

Schools, colleges and university buildings.

(3)

Chimneys or smokestacks.

(4)

Television and radio broadcasting antennas.

(e)

Height limitations set forth in the R-3, R-4, B-2 and B-3 districts may be increased to six stories or 65 feet of height where the lot is not adjacent to, or closer than 200 feet to any lot in any R-F, R-1 or R-2 district, and provided a conditional use permit is issued for such height increase, as required by this chapter.

(Prior Code, § 74-483)

No lot shall be so reduced that the area of the lot or dimensions of the open spaces shall be smaller than prescribed in this chapter.

(Prior Code, § 74-484)

Measurements shall be taken from the nearest point of the wall of the building to the lot line in question, subject to the following qualifications:

(1)

Cornices, canopies or eaves may extend into the required front yard a distance not exceeding four feet, six inches.

(2)

Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches.

(3)

A landing place or uncovered porch may extend into the required front yard 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 may be placed around such place.

(4)

The architectural features enumerated in subsections (1) through (3) of this section may also extend into any side or rear yard to the same extent, except that no porch, terrace or outside stairway shall project into the required side yard distance, and except on existing lots that are 50 feet or less in width, in such instance, allowable architectural features may project into the required side yard a distance of two feet.

(5)

On double frontage lots, the required front yard shall be provided on both streets.

(6)

In the districts where filling stations are allowed, pumps and pump islands may be located within a required yard, provided that they are not less than 15 feet from any street right-of-way lines.

(7)

The required minimum side yard for churches shall be 25 feet from any residence lot line.

(8)

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.

(9)

The required front yard of a corner lot shall be unobstructed above a height of two feet and below a height of seven feet above the top of the curb line in a triangular area, two sides of which are the lines running along the sides of the streets or the curb lines from the point of intersection of the two street lines as extended and a point 25 feet from such intersection and along each street line the third side of the triangle being the line between the latter two points. Also, boulevards between curb lines and right-of-way lines shall be unobstructed above a height of two feet and below a height of seven feet above the top of the curb line.

(10)

In determining the depth of rear yard for any building where the rear yard opens into the alley, one-half the width of the alley, but not exceeding ten feet, may be considered a portion of the rear yard, subject to the following qualifications:

a.

The depth of any rear yard shall not be reduced to less than ten feet by the application of this exception.

b.

If the door of any building or improvement, except a fence, opens toward an alley, it shall not be erected or established closer than a distance of 15 feet from the property line.

(Prior Code, § 74-485)

No single-family or two-family dwelling shall be erected in any zoning district unless a garage, detached or attached and covering an area of at least 400 square feet, is also erected on the same parcel at the same time. A certificate of occupancy shall not be issued by the building inspector until all the work for which the building permit was issued has been completed.

(Prior Code, § 74-486)

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Definitions in M.S.A. § 168.002 are adopted by reference as though set forth in this section.

Height means a measurement taken from the ground to the highest point on the vehicle at recommended tire pressure. All accessories, attachments, and materials carried on the vehicle are considered part of the vehicle.

Length means a measurement taken at the longest point of the vehicle or, if the vehicle is a trailer, the horizontal distance between the front and rear edges of the trailer bed. All accessories, attachments and materials carried on the vehicle are considered part of the vehicle.

Mid-size vehicle means any motorized vehicle or trailer more than eight feet and up to nine feet in height, or more than 22 feet and up to 25 feet in length, or more than 12,000 pounds and up to 15,000 pounds gross vehicles weight.

Oversize vehicle means any motorized vehicle or trailer more than nine feet in height, or more than 25 feet in length, or more than 15,000 pounds gross vehicle weight.

(b)

One mid-size vehicle or trailer may be parked or stored on a residential property in accordance with off-street parking and loading regulations as regulated by division 2 of this article.

(c)

One oversize recreational vehicle/recreational equipment that is owned by the occupant of the premises may be parked or stored outside in a residence district in accordance with off-street parking and loading regulations as regulated by division 2 of this article.

(d)

Farm trucks, semi-trailers, special mobile equipment, truck tractors, farm implements or tractors, trucks carrying or designed to carry explosive or flammable materials, buses operated for hire or for commercial purposes, and earth-moving equipment are prohibited from parking in residential zoning districts, regardless of the length, height or gross vehicle weight.

(e)

This section shall not prohibit vehicles or trailers, as described in subsections (b) through (d) of this section, from short-term parking of vehicles when loading, unloading, or rendering a service.

(f)

No auxiliary motors or engines on any vehicle or equipment shall be allowed to operate except when actively loading, unloading or performing a service.

(g)

The zoning administrator or his designee may grant an administrative waiver, in writing, to a resident to allow a resident to temporarily park or store an oversized vehicle outside at their place of residence once per year for a period of up to seven days.

(Prior Code, § 74-487)

(a)

A fence is defined, for the purpose of this section, as any partition, structure, wall, or gate erected as a divider marker, barrier or enclosure and located along the boundary, or within the required yard. For the purpose of this section, a fence shall not include naturally growing shrubs, trees or other foliage.

(b)

No fence shall be erected or substantially altered in the city without securing a permit from the building inspector. All such permits shall be issued upon a written application which shall set forth the type of fence to be constructed, the material to be used, the height and exact location of the fence. A fee as determined by the city council shall be paid with each application.

(c)

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

(d)

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

(e)

Fence heights in residential districts.

(1)

Fence height is measured from the fence owner's yard grade to the top of the fence.

(2)

Fences four feet in height or less may be placed anywhere on a lot, unless otherwise restricted.

(3)

Fences above four feet in height up to a maximum of 6 feet in height may be placed anywhere on a lot but not in a front yard.

a.

On riparian lots, the front yard is defined as the yard which abuts the water.

b.

Riparian lots also abutting a public right-of-way shall be considered to have two front yards.

c.

Corner lots and through lots shall be considered to have two front yards.

d.

Lots that have no defined front yard shall be designated a single front yard as determined by the zoning administrator.

(f)

The required front yard of a corner lot shall not contain any fence which may cause danger to traffic on a street or public road, by obscuring a driver's view. On corner lots, no fence shall be permitted within the intersection sight distance triangle.

(g)

Off-street parking and loading zones and landscaped areas for nonresidential and for multifamily residential development adjoining one- or two-family residence districts shall be screened by a minimum of a six-foot-high fence or a planting buffer screen. Plans of such screen or fence shall be submitted for approval as part of the site plan review by the planning commission and the city council. Such plans shall be part of the application for a building permit and such fence or landscaping shall be installed as part of the initial construction and be maintained in a sightly condition, compatible with the surrounding area.

(h)

Every fence shall be constructed in a workmanlike manner and of substantial material reasonably suited to the purpose for which the fence is to be used. Barbed wire is not allowed in any residence district but may be installed in commercial or industrial districts with approval by the building inspector.

(1)

Fence materials. The following fence materials are allowed in all residential districts unless otherwise stated in this chapter:

a.

Treated wood, cedar or redwood;

b.

Composite, including plastic or simulated wood;

c.

Decorative rick or stone;

d.

Wrought iron or aluminum designed to simulate wrought iron;

e.

Coated or noncoated chainlink;

f.

Split rail;

g.

Other materials or fence types approved by the city.

(2)

Maintenance. Every fence shall be maintained in a condition of good repair and shall not be allowed to become and remain in a condition that would constitute a public nuisance or a dangerous condition. The building inspector is authorized to notify the owner to the condition and allow the owner 60 days in which to repair or demolish the fence.

(3)

Construction standards. Fences shall be constructed in conformity with the wind, stress, foundation, structural and other requirements of the state building code when applicable.

(Prior Code, § 74-488; Ord. No. 2021-1736, § 1, 2-1-2021; Ord. No. 2022-1755, § 1, 1-3-2022)

The following are standards of preservation during construction or grading:

(1)

Intent. Developments, structures, utilities, and all other site activities must be designed, installed, and constructed so that the maximum numbers of trees are preserved on all lots or parcels.

(2)

Definition. For the purpose of this section, a significant tree shall be defined as any live, healthy tree measuring eight inches in diameter or greater, measured at 4½ feet above the ground.

(3)

Tree preservation plan required. To minimize tree loss and to mitigate tree removal on wooded lots or parcels with trees, a tree preservation plan must be submitted for approval along with any land disturbance permit, grading permit, site plan, or plat approval. All site activity associated with the proposed permit or plat must be in compliance with the approved tree preservation plan.

(4)

Tree preservation plan. A registered architect, landscape architect, forester, or engineer must prepare the tree preservation plan. The plan must include a scaled drawing or survey, including the following information:

a.

A tree inventory indicating the amount, species, location and condition of all existing significant trees and clumps of nonsignificant trees within the limits of the proposed activity.

b.

Identification of significant trees to be protected, preserved, undisturbed or to be removed.

c.

Location of existing and proposed structures, improvements, utilities and existing and proposed contours.

d.

Protection techniques that will be utilized to minimize disturbance to all trees remaining on-site. Trees must be protected from direct and indirect root damage and trunk and crown disturbance. The following preservation standards apply:

1.

Construction activities, including parking, material storage, dirt stockpiling, concrete washout and other similar activities, must be done as to not damage or destroy a significant tree.

2.

Protective fencing must be installed around trees that are not being removed. Such fences must be at least four feet high and must consist of polyethylene safety fencing. Fencing must remain in place until construction is completed or other landscaping has been installed and the city forester has approved the removal of the fencing.

e.

A tree replacement plan indicating size, species, location, and planting specifications of all street and replacement trees.

(5)

Tree replacement.

a.

Each significant tree removed or damaged through construction or grading, or found to have been damaged within one year after completion of construction, must be replaced on-site at a ratio of 1:1 except for:

1.

Nonresidential zoned property. In no case need the tree replacement density exceed eight trees per acre in nonresidential zoned districts.

2.

Residential zoned property. In no case need the tree replacement density exceed eight trees per acre on lots one acre or more or subdivisions that occur on unplatted land over one acre. On residentially zoned lots less than one acre, a 1:1 replacement of all trees will be required for the first seven trees removed from the lot.

3.

Trees not to be replaced. Significant trees removed that the city forester determines to be undesirable, invasive, or diseased shall not need to be replaced.

b.

Street trees shall not be counted towards the number of replacement trees required on a site.

c.

Replacement trees shall be a minimum 2½ inches in diameter if deciduous, or six feet in height if coniferous, measured at 4½ feet above ground, and shall be a species similar to those which were destroyed, unless otherwise required by the city forester. Replacement trees shall be balled and burlap.

d.

Mississippi River Control Corridor/Rum River Corridor. Any lands within the Mississippi River Control Corridor/Rum River Corridor shall meet tree replacement/preservation regulations set forth in section 78-403.

(6)

Tree replacement fee. If the developer is unable to replace the required amount of trees due to physical circumstances unique to the site, a tree replacement fee in an amount established by the city council shall be paid in lieu of tree replacement.

(7)

Trees on public property. Trees on public property shall be regulated by chapter 74, article IV.

(8)

Inspection and enforcement. Prior to commencement of site grading or excavation, the site shall be staked and fenced for tree protection per the approved tree preservation plan. Construction activities shall cease until compliance with the tree preservation plan has been achieved. Violations of this section shall be considered a misdemeanor.

(Prior Code, § 74-489)

(a)

Prefinished metal roofs are permitted in all districts, provided:

(1)

The metal roof shall not have exposed fasteners, semi-concealed fasteners, or any fastener system that does not adhere directly to the support system.

(2)

Any metal roof that is not a high-quality commercial thickness/weight according to the building code is prohibited.

(3)

Any metal roof that has not been treated with a factory applied color-coating system is prohibited.

(4)

The metal roof must have a color retention guarantee minimum of 20 years.

(5)

There shall be no open ended rivets or seams where the roofline meets the fascia.

(b)

Single-family homes, townhomes and row homes shall be allowed to use slate, shingle, shake, tile, or similar design pre-finished metal roofs. Standing seam metal roof design is not allowed on single-family homes, townhomes, and row homes, with the exception of copper accents or trim.

(Prior Code, § 74-490)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Temporary accessory building means a building used for a temporary purpose which has a roof but is without a foundation or footings, is designed to be removable, and is not designed to be permanently attached to the ground, to another structure, or to any utility system. Such buildings are typically constructed of a canvas or other fabric over a PVC, metal or wood frame.

(b)

One temporary accessory building is permitted on each parcel in all residential districts, subject to the following standards:

(1)

A temporary accessory building permit must be obtained.

(2)

The area of the temporary accessory building will be included in the impervious surface calculations for the property.

(3)

The size of the temporary accessory building shall not exceed 12 feet by 26 feet.

(4)

The temporary accessory building shall be securely anchored to withstand the weather and prevent against collapsing.

(5)

The temporary accessory building shall be placed in the rear yard, a minimum of five feet from either the side or rear lot line. For riparian lots, the temporary building must be placed on the river side of the property and must meet the structure setback requirements from the river or placed no closer than that of the existing primary structure if the primary structure does not meet setback requirements. In the case of a corner lot, a temporary accessory building may be located in a side yard.

(6)

The temporary accessory building can be placed on the site for a period of no more than six months per calendar year. In cases where weather prevents timely removal, one 30-day extension may be granted administratively. Such extension shall require an extension permit.

(7)

The temporary accessory building must be constructed of durable, fire retardant materials.

(8)

The temporary accessory building shall not exceed the height of any other accessory structures on the site or 15 feet, whichever is less.

(9)

For the purposes of this section, tents and canopies erected for events, weddings, family gatherings, etc., are not required to get a temporary building permit if erected for a period of two weeks or less.

(10)

All applicable requirements of the state building code and the state fire code shall be met.

(11)

Materials stored in the temporary accessory building must meet the standards of the state fire code.

(12)

The temporary accessory building must remain in good repair throughout the time it is erected on the site. Frames without a covering are not permitted.

(13)

A temporary accessory building erected on a site shall be counted toward the maximum number of accessory buildings allowed by this section.

(Prior Code, § 74-491)

(a)

For the purpose of enforcing this chapter, an accessory structure site plan approval shall be required of all persons intending to erect, alter, or place any building or structure that is otherwise exempt from needing a building permit under Minn. R. 1300.0120(4)(A)(1).

(b)

The accessory structure site plan review shall be approved by the zoning administrator or his designee upon a written finding that the proposal meets the requirements of the applicable zoning district and is in compliance with the relevant chapter standards.

(c)

Administrative site plan approval shall be processed according to the procedures and criteria set forth in section 78-36(g).

(d)

Application materials. The person seeking site plan approval must complete an application and submit the completed application to the zoning administrator. The review fee shall be established by the city council and recorded in the city fee schedule. The applicant shall submit the following information as part of the application:

(1)

A site plan showing the following information:

a.

Location and dimensions of lot lines, buildings, driveways, off-street parking spaces, sidewalks, patios, and other forms of impervious lot coverage as determined by the zoning administrator.

b.

Distances between buildings.

c.

Front, side, and rear lot lines with dimensions.

d.

Location of any easements or underground utilities.

e.

Other information deemed necessary to determine compliance with this chapter.

(2)

A narrative describing how the structure will be used.

(3)

A signed statement by the applicant stating that they are aware that this chapter prohibits residential occupancy and home occupations in accessory structures.

(4)

Any other information requested by the zoning administrator in order to allow a reasonable review of the requested proposal.

(Prior Code, § 74-492)

The regulations and requirements set forth in this division shall apply to all off-street parking facilities, including driveways, parking lots and storage areas, in all zoning districts of the city unless otherwise exempted in this chapter.

(Prior Code, § 74-506)

All applications for a building permit, driveway permit, or certificate of occupancy in all zoning districts shall be accompanied by a site plan drawn to scale indicating the location and dimensions of the driveway, off-street parking and loading spaces, and storage areas, and a description of materials to be used in compliance with the requirements set forth in this chapter. All applications shall be submitted to the planning department. The planning department will distribute the application to the appropriate departments for review and will issue the permit.

(Prior Code, § 74-507)

(a)

Each parking space shall be the following size or larger based on the angle of parking:

(b)

Exceptions may be made for compact vehicle spaces under the following conditions:

(1)

The design promotes compact car stall use (e.g., designing all compact stalls at the entrance of the lot).

(2)

All compact car stalls are clearly designated by signage.

(3)

No more than 40 percent of all required parking stalls are designated for compact cars. Each compact parking space shall be no less than eight feet by 18 feet.

(Prior Code, § 74-508)

In computing the number of parking spaces required, the following rules shall govern:

(1)

Floor space means the gross floor area of the specific use.

(2)

When determining the number of off-street parking spaces, fractional results of one-half or more shall constitute another space.

(3)

The parking space requirement for a use not specifically mentioned in this division shall be the same as required for a use of similar nature as determined by the city planning commission.

(4)

In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

(Prior Code, § 74-509)

When demonstrated to the satisfaction of the city council that up to ten percent of the number of parking spaces required by this division would not be needed for the particular use in question, a reduced number of parking spaces may be approved subject to the following:

(1)

The application for reduction shall be accompanied by supporting data specifically applying to the particular use in question.

(2)

The applicant must also provide each of the following:

a.

A detailed parking plan demonstrating that the parking otherwise required by this division can be provided on the site within chapter design standards; and

b.

A covenant in recordable form, approved as to form and content by the city attorney, executed by all property owners, which covenant provides that the owners, heirs, successors and assigns, will not use the area identified for expansion parking for any use except landscaping or to cause compliance with the off-street parking requirements of this division.

(3)

The city may order installation of previously exempted parking spaces at any time when, in the city's judgment, conditions indicate the need for such parking, and the property owner shall comply with such order.

(Prior Code, § 74-510)

Off-street parking and loading areas located in commercial, industrial, and multifamily districts and adjoining residence districts shall be screened by a minimum six-foot-high fence, wall or a planted buffer screen; plans of such screen, fence, or wall shall be submitted for approval as part of the application for a building permit, and such fence, wall or landscaping shall be installed as a part of the initial construction.

(Prior Code, § 74-511)

Parking and loading space shall have proper access from a public right-of-way. The number and width of access drives shall be so located as to minimize traffic congestion and traffic hazard.

(Prior Code, § 74-512)

All off-street parking facilities required by this division shall be located and restricted as follows:

(1)

Required off-street parking shall be on the same lot under the same ownership as the principal use being served, or within 200 feet pedestrian travel distance thereof.

(2)

Head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited, except for single-family, two-family, townhouses, and quadhome dwellings and public safety buildings.

(3)

The boulevard portion of the street right-of-way shall not be used for parking.

(Prior Code, § 74-513)

When in its opinion the best interests of the community will be served thereby, the city council may permit, temporarily or permanently, the use of land in a residential district, other than the single- and two-family residential districts, for a parking lot provided that:

(1)

A conditional use permit is issued under article IV, division 2 of this chapter.

(2)

The lot is not to be used for sales, storage, repair work or servicing of any kind.

(3)

Entrance to and exit from the lot are to be located on the lot.

(4)

No advertising sign or material is to be located on the lot.

(5)

All parking is to be kept back of the setback building line by barrier unless otherwise specifically authorized by the city council.

(6)

All lighting is to be arranged so that there will be no glare there from annoying to the occupants of adjoining property in a residential district.

(7)

Surfacing of the parking lot is to be smoothly graded, hard surfaced and adequately drained.

(8)

Any other conditions, such as screening, as may be deemed necessary by the city council to protect the character of the residential district.

(9)

A parking lot may not be constructed for use by single- or two-family dwellings.

(10)

The city council shall review parking lots in residential districts annually to determine suitability for continued use.

(Prior Code, § 74-514)

Off-street parking and loading facilities shall be subject to the front yard, side yard, and rear yard regulations for the use district in which the parking is located; except that in the classes of B-1 and B-2 business districts and industrial districts, no off-street parking or loading shall be located within ten feet of any property line that abuts a street right-of-way or any of the classes of residence districts; and except that in the classes of R-3 and R-4 residence districts, no parking or loading shall be located within five feet of any property line.

(Prior Code, § 74-515)

(a)

Off-street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any business or industrial district in which separate parking facilities for each separate building, structure or use would be required, provided that the total number of spaces provided shall equal the projected peak hour parking demand of the combined uses, subject to the following special conditions:

(1)

A conditional use permit is issued under article IV, division 2 of this chapter.

(2)

The owner of the property affected, along with the operators of all businesses to utilize the combined parking facilities, shall join in the permit application.

(3)

The proposed parking plan shall realistically project peak use of the combined facilities based upon the proposed uses, and shall provide adequate spaces for that peak demand.

(4)

All off-street parking facilities shall be located within 200 feet of the building or use for which the permit is issued.

(5)

A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities duly approved as to form and manner of execution by the city attorney, shall be filed with the city clerk.

(b)

A conditional use permit for combined parking facilities shall restrict the uses of the affected property to those designated in the permit until and unless the permit is amended or rescinded. Such a permit may be revoked if parking demand for the combined uses exceeds the capacity of the combined facilities; however, the use restrictions of the permit shall remain in effect after such a revocation until and unless they are specifically removed by council resolution to that effect.

(Prior Code, § 74-516)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Driveway means the portion of a lot that is designed to provide vehicular access between a road or alley and a parking or loading space, including the driveway apron.

(b)

A driveway permit shall be required for replacing, constructing, improving, expanding, resurfacing, or altering driveways, driveway aprons, and parking areas, unless otherwise approved through a site plan process or other city approval. An application for a driveway permit shall be submitted to the city's planning department. The planning department will route the permit to the appropriate departments for review and will issue the driveway permit.

(c)

In all zoning districts, parking areas and driveways shall be paved with asphalt or concrete and designed to prevent damage to adjacent properties by surface water runoff and to minimize the amount of paved areas on the site. The following driveways are exempt from this requirement upon approval of the city engineer:

(1)

Driveways serving a recreational area.

(2)

Driveways constructed of alternative materials that function similarly to those listed in this subsection (c).

(3)

Storage areas for heavy construction equipment that would damage the pavement. Such storage areas shall have an approved maintenance and drainage plan.

(d)

The city shall have the right to review and inspect all driveway construction.

(e)

Driveways shall have a maximum slope of eight percent unless otherwise approved by the city engineer.

(f)

Porous pavers or porous paving systems may be used upon approval of the city engineer.

(g)

Driveways and parking areas shall comply with the impervious surface and lot coverage restrictions of the zoning district within which it will be constructed.

(Prior Code, § 74-517)

Except for single-family, two-family, townhouses, and quadhome dwellings, all paved parking stalls shall be marked with white or yellow painted lines not less than four inches wide and shall be properly maintained.

(Prior Code, § 74-518)

(a)

All off-street parking areas for residential uses of 12 or more spaces and all off-street parking for commercial, industrial, institutional, and public uses shall be equipped with operable lighting designed to illuminate the entire surface of the parking area.

(b)

Any lighting used to illuminate the off-street parking area shall be arranged as to reflect the light away from any adjacent properties, streets, or highways.

(Prior Code, § 74-519)

Off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. The minimum number of required off-street parking spaces for the following uses shall be as follows in all zoning districts in the city, except the B-3 General Business District:

(1)

Automobile service stations: Four parking spaces plus two parking spaces for each service stall; such parking spaces shall be in addition to parking space required for gas pump areas.

(2)

Automobile sales, trailer sales, marine and boat sales, implement sales, garden supply stores, building materials sale, and auto repair: Six parking spaces plus one parking space for each 500 square feet of floor area over 1,000 square feet.

(3)

Assembly or exhibition halls, auditoriums, theaters, or sports arenas: One parking space for each four seats, based upon design capacity.

(4)

Banks: At least one parking space for each 400 square feet of floor area.

(5)

Bed and breakfasts: One space per guest room and two for management.

(6)

Boardinghouses and lodginghouses: At least three parking spaces plus one parking space for each three persons for whom living accommodations are provided.

(7)

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

(8)

Car washes: In addition to required stacking spaces:

a.

Automatic drive-through service: Ten spaces or one space for each employee on the maximum shift, whichever is greater.

b.

Self-service: A minimum of two spaces.

c.

Service station with car wash: No additional to that required for the station.

(9)

Churches: One parking space for each four seats, based on the design capacity of the main seating area.

(10)

Convalescent or nursing homes: One parking space for each four beds for which accommodations are offered.

(11)

Drive-in establishments and convenience food: One parking space for each 150 square feet of gross floor area, but not less than 15 spaces.

(12)

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

(13)

Golf courses, golf clubhouses, country clubs, swimming clubs, tennis clubs, public swimming pools: 20 spaces plus one space for each 300 square feet of floor area in the principal structure.

(14)

Hospitals: One parking space for each three hospital beds, plus one parking space for each employee on the major shift.

(15)

Miniature golf courses, archery ranges or golf courses, driving ranges: Ten parking spaces.

(16)

Motels, hotels: One space per each rental unit plus one space for each ten units and one additional space for each employee on any shift.

(17)

Municipal administration buildings, community centers, public libraries, museums, art galleries, post offices, and other municipal service buildings: Ten parking spaces plus one parking space for each 500 square feet of floor area in the principal structure.

(18)

Private clubs and lodges: One parking space for each 2½ seats.

(19)

Professional offices, medical and dental clinics and animal hospitals: One space for each 200 square feet of floor area, but not less than three spaces per lot design.

(20)

Residential uses:

a.

Single-family dwellings: Enclosed garage of at least 440 square feet.

b.

Two-family dwellings and quadhomes: A minimum of two spaces per dwelling unit and an enclosed garage of at least 400 square feet.

c.

Townhouses: A minimum of two spaces per unit. At least one space per unit shall consist of an enclosed garage.

d.

Multiple-dwellings: A minimum of 2½ spaces per unit. At least one space per unit shall consist of an enclosed garage.

(21)

Restaurants, cafes, private clubs serving food or drinks, bars, or nightclubs: One space for each 40 square feet of gross floor area of dining and bar area and one additional space for each 80 square feet of kitchen area.

(22)

Shopping centers: In a B-2 Shopping Center Business District where several business uses are grouped together according to a general development plan, off-street automobile parking shall be provided in a ratio of not less than four spaces per 1,000 square feet of gross leasable area, and separate off-street space shall be provided for loading and unloading.

(23)

Sporting and health clubs: One space per 100 square feet of building area, plus six spaces per tennis/racquetball or other type of court.

(24)

Supermarkets, discount houses, mail order outlets, retail stores, and other stores with high customer volume: At least one parking space for each 250 square feet of floor area.

(25)

Other uses: Other uses not specifically mentioned in this section shall be determined on an individual basis by the city council. Factors to be considered in such determination shall include, without limitation, size of building, type of use, number of employees, expected volume and turnover of customer traffic, and expected frequency and number of delivery or service vehicles.

(Prior Code, § 74-522)

(a)

No owner or tenant of a single- or two-family residential property shall allow any motor vehicle or trailer to be parked on such property except on a driveway, within a garage, or on the side or rear yard area of the property as specifically permitted in subsection (c) of this section. Every motor vehicle or trailer that is parked outside of a garage shall display license plates with current registration tags. No vehicle or trailer shall be permitted to park in the sight triangle which is required to be unobstructed by section 78-559(9). With regard to outdoor parking, storage or repair of trucks and equipment, see section 78-561.

(b)

No more than four motor vehicles, trailers, or combination thereof shall be permitted to park on the driveways of any single-family residential property on more than two days within any one-week period, except when a waiver is obtained as provided in this section. Upon application to the zoning administrator, waiver of this restriction may be obtained for a reasonable, necessary, and discreet time period, not exceeding two weeks for social guest parking, and not exceeding 90 days for the demolition of an existing garage and construction of a new one.

(c)

Two motor vehicles or trailers per dwelling unit may be parked on the side or rear yard of the property, off the driveway, at least five feet from the property line, provided that the area around and under the motor vehicle or trailer is maintained in a neat and orderly manner, including keeping weeds and grass in the area mowed to a height of six inches or less.

(d)

For the purpose of this section, the term "motor vehicle" includes any self-propelled vehicle which is required to be registered with the state department of motor vehicles and to display a license plate in order to be legally operated on public streets; it does not include snowmobiles. The term "trailer" includes any vehicle designed for transporting property or passengers on its own structure and for being drawn by a self-propelled vehicle.

(e)

The property owner's or tenants' first violation of this section shall be a misdemeanor. The principal occupant of the property shall be responsible for compliance with subsections (a) through (c) of this section. The records of the city water department indicating the person responsible for payment of city water bills shall constitute prima facie evidence of the identity of the principal occupant. Such evidence may be rebutted by a lease or a property owner's

sworn statement which indicates the primary occupant of the property. The owner of the property, according to the records of the tax assessor, shall be responsible for compliance with subsection (d) of this section.

(Prior Code, § 74-523)

(a)

The driveway outside the public right-of-way will be limited to the width of the garage plus ten feet, or a maximum of 20 feet in width if no garage exists, or the maximum width of the garage for three stall garages or larger.

(b)

Driveways and parking areas shall be at least five feet from property lines, except for the access to the street. Additional driveway and parking area setbacks may be required from public rights-of-way and to avoid encroaching into existing public drainage and utility easements.

(c)

Parking areas shall not be constructed in the front yard, except driveways.

(d)

The minimum driveway width in the public right-of-way shall be 12 feet. The maximum driveway width in the public rights-of-way shall be the width of the main garage plus four feet, not to exceed 24 feet. The curb returns (radii or tapers) for the access to the street (driveway apron) are not included in the driveway width.

(e)

Shared driveways are allowed, provided that property owners sharing the driveway have easements and agreements relating to cross access and maintenance. Shared driveways do not need to meet the five foot setback required under subsection (b) of this section along the shared property line.

(f)

Driveway aprons shall be concrete, at least six inches thick, installed over a Class V base a minimum of four inches thick upon a prepared, approved subgrade, at least three feet wide from the back of the street curb. Where a sidewalk exists, the driveway apron shall be constructed through the sidewalk. The sidewalk portion of the driveway shall meet ADA cross grade standards.

(g)

The driveway entrance at the gutter line shall be constructed in a manner that does not interfere with street drainage.

(h)

Driveways and parking areas shall be concrete, bituminous, brick pavers or similar hard surface. Concrete driveways and parking areas shall be a minimum of four inches thick installed over a Class V base a minimum of four inches thick upon a prepared, approved subgrade. Bituminous driveways and parking areas shall be a minimum of 2½ inches thick, installed over a Class V base a minimum of four inches thick upon a prepared, approved subgrade.

(i)

Driveways on improved single- or two-family residential properties existing on or before October 1, 1992, shall be paved with asphalt, concrete, brick, or similar surface at such time as a building permit may be taken for either remodeling or improvements costing more than $5,000.00.

(j)

New driveways shall be constructed in such a way as to provide positive stormwater drainage from the garage or parking area to the street or an approved stormwater drainage area.

(k)

Each single-family or duplex property is entitled to only one driveway from a public right-of-way unless it can be demonstrated that an additional driveway improves traffic safety/circulation for the general public.

(Prior Code, § 74-524)

(a)

Driveway location is subject to review for traffic impacts such as volume generated, adjacency to stop signs, speed of cross traffic, noise, and the applicant's operating schedule.

(b)

Where a lot abuts two or more public rights-of-way, the city may require access to be from the least traveled right-of-way if such least traveled right-of-way does not direct traffic through a residential area.

(c)

In cases where a driveway serves a property not within the city jurisdictional boundary, a joint powers agreement for maintenance and improvements to the roadway must be in place before permission will be granted to allow access to the adjacent street. The city reserves the right to reject or restrict any proposal to allow access from city streets to multifamily, commercial, industrial or nonresidential uses located in adjoining cities.

(d)

The operator of a principal building or use shall maintain parking and loading areas, driveways, and yard areas in a neat and orderly manner.

(e)

Curbing.

(1)

All driveway areas and parking areas which are accessory to multifamily, commercial, industrial or nonresidential developments shall be bounded by concrete curb and gutter of a minimum of B612 design.

(2)

Driveway areas and parking areas which are accessory to low-use development shall be bounded by concrete curb and gutter a minimum of B612 design on the portions of such areas which front on a public right-of-way extending to the wall. Concrete curb and gutter or curb only may be required of any other driving or parking areas where necessary for drainage or traffic control. The term "low-use development" shall include churches, parks, private clubs and similar uses.

(3)

The city may exempt curbing where the city has approved future expansion of the parking lot or to enhance traffic circulation where there are adjoining lots.

(4)

Poured-in-place concrete traffic safety islands may be required to maintain a safe and orderly flow of traffic within the parking lot.

(5)

Curb cuts and ramps for the handicapped shall be installed as required by state law.

(f)

Driveways and parking areas shall be concrete, bituminous, brick pavers or similar hard surface material. Section design shall be submitted for review and approval of the city engineer. Driveway approach panels shall be a minimum of eight inches thick to the right-of-way line.

(g)

The maximum width of a driveway shall be 30 feet.

(h)

Driveway aprons shall be concrete, at least eight inches thick, over a Class V base a minimum of four inches thick upon a prepared, approved subgrade, at least three feet wide from the back of the street curb of the street. Where a sidewalk exists, the driveway apron shall be constructed through the sidewalk. The sidewalk shall be replaced with at least an eight-inch-thick concrete portion of the driveway and shall meet ADA cross grade standards.

(Prior Code, § 74-525)

(a)

In order to accommodate the communication needs of residents and businesses while protecting the public health and safety, and general welfare of the community, the city council finds the regulations of this division are necessary to:

(1)

Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;

(2)

Minimize adverse visual effects of wireless telecommunication towers through careful design and siting standards;

(3)

Avoid potential damage to adjacent properties from wireless telecommunication tower failure through structural standards and setback requirements; and

(4)

Maximize the use of existing and approved towers, buildings and structures to accommodate new wireless telecommunication antennas to reduce the number of towers needed to serve the community.

(b)

This division is intended to regulate wireless telecommunication towers and is not intended to regulate other types of towers, such as audio and television antennas, residential satellite dishes or public safety transmitters.

(Prior Code, § 74-541)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Co-location means the placement of wireless telecommunication antennas by two or more service providers on a tower, building or structure.

Federal Communications Commission (FCC) means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

Guyed tower means a tower that is supported, in whole or in part, by wires and ground anchors.

Lattice or self-supported tower means a tower, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.

Monopole tower means a single, self-supported pole-type tower, tapering from the base to the top and supporting a fixture designed to hold one or more antennas.

Multi-user tower means a tower to which is attached the antennas of more than one service provider or governmental entity.

Protected residential property means any property within the city that meets both of the following requirements:

(1)

The property is zoned R-1, R-2, or R-3 and the property may or may not also have a planned unit development overlay classification; and

(2)

The property is designated on the comprehensive plan land use map as low-density residential, medium-density residential or high-density residential.

Public utility means persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone service to the general public. For the purpose of this division, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately.

Service provider means any individual or entity which provides wireless telecommunication services.

Single-user tower means a tower to which is attached only the antennas of a single service provider, although the tower may be designed to accommodate the antennas of multiple users as required in this division.

Tower means any ground- or roof-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts intended primarily for the purpose of mounting or supporting an antenna, or an antenna for wireless telecommunication purposes which is taller than 15 feet, including roof antennas.

Wireless telecommunication services means licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

(Prior Code, § 74-542)

Antennas and towers in existence as of November 7, 1997, which do not conform or comply with this division are subject to the following provisions:

(1)

Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this division.

(2)

If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section; however, if the cost of repairing the tower to its former use, physical dimensions, and location would be 50 percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this division.

(Prior Code, § 74-543)

(a)

Application. Applications for approval to construct towers shall include information as required in section 78-35. In addition to the information required elsewhere in this division, applications for towers shall include the following supplemental information:

(1)

A report from a licensed professional engineer which:

a.

Describes the tower height and design, including a cross section and elevation;

b.

Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

c.

Describes the tower's capacity, including the number and type of antennas it can accommodate;

d.

Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

e.

Includes an engineer's stamp and registration number; and

f.

Includes other information necessary to evaluate the application.

(2)

A letter of intent committing the tower owner and the owner's successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(3)

Applications requiring conditional use permits shall be subject to the requirements set forth in section article IV, division 2 of this chapter, excepting section 78-110.

(b)

Building permits.

(1)

It is unlawful for any person to erect, construct in place, place or re-erect, replace, or repair any tower without first making application to the building inspections department and securing a building permit therefor as provided in this subsection (b).

(2)

The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

(3)

Only one tower shall exist at any one time on any one parcel of protected residential property as defined in section 78-646.

(4)

Building permits are not required for:

a.

Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor.

b.

Antennas or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pickup operations. Temporary antennas shall be removed within 72 hours following installation.

(5)

Before issuance of a building permit, the following information shall be submitted by the applicant:

a.

Proof that the proposed tower complies with regulations administered by the federal aviation administration; and

b.

A report from a state-licensed professional engineer which demonstrates the tower's compliance with structural and electrical standards.

(6)

Any city cost of testing or verification of compliance shall be borne by the applicant.

(c)

Fee. The fee to be paid is that prescribed by the council.

(d)

Inspections. Towers may be inspected by an official of the building department to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this section. Notice of violations will be sent by registered mail to the owner of the tower and the property upon which it is located, who will have 30 days from the date notification is issued to make repairs. Upon completion of the repairs, the owner shall notify the building inspector that the repairs have been made.

(Prior Code, § 74-544)

(a)

Permitted towers. The following towers are permitted in all zoning districts if in compliance with the performance standards set forth in section 78-650:

(1)

Towers located in the following locations:

a.

Church sites, when camouflaged as steeples or bell towers;

b.

Park sites, when compatible with the nature of the park; and

c.

Government, school, utility and institutional sites.

(2)

Wall- or roof-mounted towers.

(b)

Tower as conditional use. Towers, other than those listed in subsection (a) of this section, are permitted in all zoning districts upon issuance of a conditional use permit as follows: Commercial towers other than those listed in subsection (a)(2) of this section.

(c)

Conditional use permit standards. The following standards apply to a conditional use permit for a tower:

(1)

The site must comply with the performance standards set forth in section 78-650.

(2)

No employees of the service providers shall be located on the site on a permanent basis. Employees may be on the site to perform periodic maintenance.

(3)

If the proposed tower is located in a residential district, documentation must be included in the application that demonstrates that the tower cannot reasonably be located in a commercial or industrial district.

(4)

Existing on-site vegetation shall be preserved to the maximum amount practicable.

(5)

No outdoor storage shall be permitted on the tower site.

(d)

Towers located within boundaries to blend in with surrounding environment. Towers located within the boundaries of the Mississippi River Corridor Critical Overlay District shall be designed and constructed to blend in with the surrounding environment.

(Prior Code, § 74-545)

All towers erected within the city must conform to the applicable performance standards contained in this section.

(1)

Co-location requirements. All towers erected, constructed or located within the city shall comply with the following requirements: A proposal for a new tower shall not be approved unless the city council finds that the wireless telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building or structure within a one mile radius, except that the radius shall be one-half mile for towers between 80 and 120 feet and one-quarter mile for towers under 80 feet of the proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b.

The planned equipment would cause interference materially impacting the usability of other existing equipment at the tower or building as documented by a licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c.

Existing or approved towers or buildings within the radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a licensed professional engineer.

d.

Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

(2)

Construction and maintenance of towers.

a.

Tower and antenna design requirements. Proposed or modified towers and antennas shall meet the following design requirements:

1.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

2.

Towers shall be of a monopole design unless the city council determines that an alternative design would better blend in to the surrounding environment. Lattice tower designs may be allowed to facilitate co-location.

3.

The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other designs.

4.

The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no larger than the base.

b.

Tower construction requirements. All antennas and towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the following requirements:

1.

All applicable provisions of this division must be met.

2.

Towers shall be certified by a state-licensed professional engineer to conform to current structural standards and wind loading requirements of the state building code and the Electronics Industry Association.

3.

With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower, nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

4.

Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

5.

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

6.

Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

7.

All towers shall be constructed to conform with the requirements of the occupational safety and health administration.

8.

Antennas and towers shall not be erected on any protected residential property as defined in section 78-646 in violation of the following restrictions:

(i)

Notwithstanding the provisions of this division, the required setback for antennas and towers not rigidly attached to a building shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building, and whose base is on the ground, may exceed this required setback by the amount equal to the distance from the point of attachment to the ground.

(ii)

No tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line, which serves more than one dwelling or place of business, less five feet.

(iii)

Metal towers shall be constructed of, or treated with, corrosive-resistant material. Wood poles shall be impregnated with rot resistant substances.

(3)

Tower setbacks. Towers shall conform with each of the following minimum setback requirements:

a.

Towers shall be set back from any property line a minimum distance equal to the height of the tower.

b.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the city council, to allow integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device or similar structure.

c.

The minimum distance to a residential structure shall be the height of the tower plus ten feet.

d.

The tower or associated accessory structures shall not encroach upon any public easements.

e.

The setback shall be measured from a point on the base of the tower located nearest the property line to the actual property line.

(4)

Height. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions of section 78-557.

(5)

Height limitations for towers.

a.

In all protected residential property, towers, including antennas and other attachments, shall not exceed a maximum height of 60 feet.

b.

In residential property other than protected residential property, the maximum height of any tower, including antennas and other attachments, shall not exceed 90 feet.

c.

In all nonresidential zoning districts, the maximum height of any tower, including antennas and other attachments, shall not exceed 150 feet.

d.

Exceptions to the provisions of this subsection (5) shall be as follows: Multi-user towers may exceed the height limitations of section 78-557 by up to 20 feet.

e.

Noncompliance of characteristics of antennas and towers created by application of this division shall not in any manner limit the legal use of the property, nor in any manner limit the repair, maintenance, or reconstruction of a noncomplying antenna or tower; however, in no instance shall the degree on noncompliance be increased except as otherwise permitted by this chapter.

(6)

Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(7)

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(8)

Accessory utility buildings. All utility buildings and accessory structures to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(9)

Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:

a.

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the zoning administrator. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.

b.

Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed shall require the issuance of a new conditional use permit.

(10)

Antennas mounted on roofs, walls, and existing structures. The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the zoning administrator, provided the antennas meet the requirements of this division, after submittal of a final site and building plan as specified in section 78-36, and a report prepared by a licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. Accessory equipment for wall- or roof-mounted antennas must be located within the principal building or, if located on the rooftop, must be enclosed.

(11)

Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. The city may require that all applications for new service be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

(12)

Lights and other attachments. No antenna or tower on any protected residential property as defined in section 78-646 shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached hereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

(13)

Security fencing. Towers shall be provided with security fencing to prevent unauthorized entry.

(Prior Code, § 74-546)

This division is established to regulate the installation and operation of wind energy conversion systems (WECS) within the city, not otherwise subject to siting and oversight by the state under the Minnesota Power Plant Siting Act, M.S.A. § 216E.001 et seq.

(Prior Code, § 74-560)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial WECS means a WECS of 40 kilowatts (KW) or more in total name plate generating capacity.

Fall zone means the area defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.

Feeder line means any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid; in the case on interconnection with the high voltage transmission systems, the point of interconnection shall be the substation serving the WECS.

Meteorological tower means towers that are erected primarily to measure wind speed and directions plus other data relevant to siting a WECS. For the purposes of this division, the term "meteorological towers" does not mean towers and equipment used by airports, the state department of transportation, or other similar applications to monitor weather conditions.

Nacelle means the part of the WECS that contains the key components of the wind turbine, including the gearbox, yaw system and the electrical generator.

Noncommercial WECS means a WECS of less than 40 kilowatts (KW) in total name plate generating capacity.

Rotor diameter means the diameter of the circle described by the moving rotor blades.

Substations means any electrical facility designed to convert electricity produced by a wind turbine to a voltage greater than 35,000 volts (35 kilovolts) for interconnection with high voltage transmission lines.

Total height means the highest point, above ground level, reached by a rotor tip or any other part of the WECS.

Tower means vertical structures that support the electrical generator, rotor blades, or meteorological equipment.

Tower height means the total height of the WECS, exclusive of the rotor blades.

Transmission line means those electrical power lines that carry voltages of at least 69,000 volts (69 kilovolts) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.

Wind energy conversion system (WECS) means an electrical generating facility comprised of one or more wind turbines and accessory facilities, including, but not limited to, power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or may be distributed into the electrical grid.

Wind turbine means any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

(Prior Code, § 74-561)

(a)

Application. Applications for approval to construct a commercial WECS shall include the following information:

(1)

The names of the project applicant.

(2)

The names of the property owner.

(3)

The legal description and address of the project.

(4)

A description of the project, including the type, name plate generating capacity, tower height, rotor diameter, and means of interconnecting with the electrical grid.

(5)

The proposed site layout, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The site layout shall include distances and shall be drawn to scale.

(6)

An engineer's certification.

(7)

Documentation of land ownership or legal control of the property.

(8)

The latitude and longitude of individual wind turbines.

(9)

A USGS topographical map, or map with similar date, of the property and surrounding area, including any other WECS within ten rotor diameters of the proposed WECS.

(10)

The location of wetlands, scenic and natural areas within 1,320 feet of the proposed WECS.

(11)

An acoustical analysis.

(12)

A Federal Aviation Administration (FAA) permit application, if applicable.

(13)

The location of all known communication towers within two miles of the proposed WECS.

(14)

A decommissioning plan.

(15)

A description of potential impacts on any nearby WECS and wind resources on adjacent properties.

(b)

Process. WECS applications will be processed under the procedures for applicable approvals contained within this division.

(c)

Building permits.

(1)

It is unlawful for any person to erect, construct in place, place or re-erect, replace, or repair any tower without first making application to the building inspections department and securing a building permit therefor as required in this subsection (c).

(2)

The applicant shall provide, at the time of application, sufficient information to indicate that construction, installation and maintenance of the WECS will not create a safety hazard or damage to the property of other persons.

(3)

Only one tower shall exist at any one time on any one property.

(4)

Before issuance of a building permit, the following information shall be submitted by the applicant:

a.

Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration;

b.

A report from a state-licensed professional engineer that demonstrates the WECS compliance with structural and electrical standards;

c.

A conditional use permit approved by the city.

(5)

Any city cost of testing or verification of compliance shall be borne by the applicant.

(d)

Fees. The fees to be paid shall be as prescribed by the city council.

(e)

Inspections. Any WECS may be inspected by an official of the building department to determine compliance with original construction standards. Deviation from the original construction for which a permit is obtained constitutes a violation of this section. Notice of violations will be sent by registered mail to the owner of the WECS and the property owner upon which the WECS is located, who will have 30 days from the date notification is issued to make repairs. Upon completion of the repairs, the owner/applicant shall notify the building official that the repairs have been made.

(Prior Code, § 74-562)

(a)

Conditionally permitted WECS. Commercial WECS are permitted in all zoning districts, except as noted in subsection (b) of this section, upon issuance of a conditional use permit, and are subject to the provisions of section 78-668.

(b)

Prohibited WECS. All WECS are prohibited in the environmental overlay districts, Mississippi National River Recreation Area (MNRRA) and the Rum River Wild and Scenic District and are prohibited in the floodplain or shore land areas. Noncommercial WECS are prohibited in all areas of the city.

(Prior Code, § 74-563)

(a)

Safety design standards.

(1)

Engineering certification. For all WECS, the manufacture's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.

(2)

Clearance. Commercial WECS rotor blades must maintain at least 15 feet of clearance between their lowest point and the ground.

(3)

Rotor safety. Each commercial WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).

(4)

Lightning protection. Each commercial WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.

(5)

Warnings. For all commercial WECS, signs shall be posted on the tower, transformer and substation warning of high voltage, stating the manufacturer's name and listing an emergency phone number.

(b)

Standards.

(1)

Total height.

a.

Commercial WECS shall have a total height of no more than 150 feet.

b.

WECS shall not be roof-mounted.

(2)

Tower configuration.

a.

All towers that are part of a WECS, except meteorological towers, shall be installed with a tubular, monopole type tower.

b.

Meteorological towers may be guyed.

(3)

Setbacks.

(4)

Color and finish.

a.

All wind turbines and towers that are part of a WECS shall be white, grey or another nonreflective, nonobtrusive color.

b.

Finishes shall be matte or nonreflective.

(5)

Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration (FAA) permits and regulations. No additional lighting, other than building security lighting, is permitted.

(6)

WECS sites. The design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the WECS to the natural setting and then existing environment.

(7)

Signs. The manufacturer's or owner's company name or logo may be placed on the nacelle of the WECS. No other signage, other than as required in this division, shall be permitted.

(8)

Feeder lines. All communications and feeder lines, equal or less than 34.5 kilovolts in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.

(9)

Waste disposal. All solid and hazardous wastes, including, but not limited to, crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.

(10)

Maximum vibration and shadow flicker.

a.

No WECS shall produce vibrations through the ground that are humanly perceptible beyond the property on which it is located.

b.

Commercial WECS shall include a shadow flicker analysis study with the application submission.

(11)

Discontinuation and decommissioning. A WECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the city outlining the steps and schedule for returning the WECS to service.

a.

All WECS and accessory buildings shall be removed in their entirety, including all footings and foundations, within 90 days of the discontinuation of use.

b.

Each commercial WECS shall submit a decommissioning plan outlining the anticipated means and cost of removing the WECS at the end of its serviceable life or upon becoming a discontinued use. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities. The decommissioning plan shall be submitted as part of the conditional use permit application.

c.

The city may require financial surety in the form of a cash escrow, irrevocable letter of credit or performance bond to ensure that decommissioning of the commercial WECS is completed.

(Prior Code, § 74-564)

(a)

Noise. All WECS shall comply with the MPCA and city standards for noise.

(b)

Electrical codes and standards. All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards.

(c)

FederalAviation Administration (FAA). All WECS shall comply with FAA standards and permit requirements.

(d)

Building code. All WECS shall comply with the state building code as adopted by the state and the city.

(e)

Interference.

(1)

The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by WECS.

(2)

The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the city for a permit to operate a WECS.

(3)

No WECS shall be constructed so as to interfere with public safety telecommunications.

(Prior Code, § 74-565)

Streets and thoroughfares are an essential component of the city's street network and are necessary to accommodate the community's health, safety and welfare and ability to grow and develop in a logical and financially responsible manner. The purpose and intent of this division is to ensure that:

(1)

Traffic volumes and traffic operations generated by platting, re-platting, rezoning, a change in use, or new development will not prevent the city from implementing its then planned street system improvements.

(2)

Traffic volumes and traffic operations generated by platting, re-platting, rezoning, a change in use, or new development will not negatively impact a community's existing street system and traffic operations or create safety hazards.

(3)

New plats, land that is rezoned, or re-platted, a change in use, and new development will be served and supported by an adequate network of streets and thoroughfares. Necessary and desirable public rights-of-way for off-site, abutting and internal thoroughfares will be provided to support new development at the time of platting, rezoning, re-platting or development of the land.

(4)

Driveway accessibility or on-site circulation plans for a change in use or new development will not significantly impact or create safety of traffic operations on adjacent public streets, or prevent the safe and convenient circulation of on-site traffic operations.

(5)

Parking demand generated by platting, rezoning, re-platting, a change in use, or new development will be adequately addressed on-site or in off-street, satellite parking facilities.

(6)

Opportunities to reduce travel demand or efficiently manage travel demand will be investigated and implemented.

(Prior Code, § 74-575)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Change in use means a use which may create traffic patterns that substantially differ from traffic patterns of the existing approved use of a building or land, based upon a consideration of the following:

(1)

Modifications to existing improvements or construction of new improvements.

(2)

The hours, days or seasons during which a use operates.

(3)

The number of employees or staff, occupants, visitors or other persons using the land, buildings or structures.

(4)

The number of employees or staff, occupants, visitors or other persons using the land, buildings, or structures.

(5)

The amount or nature of traffic, parking, shipping or deliveries associated with the use on the premises.

Daily trip ortrips per day means the number of trips a particular land use will generate within a 24-hour period.

Intersection level of service (LOS) means a measure of delay vehicles will experience at intersections.

Peak hour trips means the number of trips typically between 7:00 a.m. and 9:00 a.m. (a.m. peak) and between 4:00 p.m. and 6:00 p.m. (p.m. peak) Monday through Friday, or as may be specifically attributable to the building or land based upon its particular use.

Roadway LOS means a measure of the volume of traffic a roadway carries in relation to its capacity to carry traffic.

Traffic impact assessment (TIA) means a study that looks at current and fore-cast future conditions after a development is implemented. TIAs focus on trip generation at the site, trip distributions to/from the site, traffic assignments to/from driveways serving the site, the street adjacent to the site, driveways (number and locations) serving the site, traffic control mechanisms at the site driveways, driveway and adjacent intersection levels of service (LOS), on-site circulation, and parking generation, supply and configuration.

Traffic impact study (TIS) means a more rigorous study that takes into account everything in the TIA and additional conditions that are distant from the site and that occur under specific development scenarios, such as existing conditions, fore-cast no-build conditions, and fore-cast build conditions.

(Prior Code, § 74-576)

Based upon a review of the TIA or TIS and other applicant supplied data, the planning commission and city council will determine if the proposed rezoning, platting, re-platting, change of use, or new development plans meet the following:

(1)

The plans are consistent with the city's then existing planned improvements and will not prevent the city from moving forward with its plans.

(2)

The plans will not create safety hazards.

(3)

The plans provide for adequate accessibility between the development and the street system and an adequate on-site circulation system.

(4)

The plans provide for adequate on-site parking (or satellite parking) as determined by applicable city ordinance.

(5)

The plans include reasonable approaches to reduce or manage travel demand.

(Prior Code, § 74-577)

A traffic impact assessment is required if a rezoning, re-platting, or change of use generates between 50 and 99 peak hour trips per peak direction (entering or leaving), above the trip generation for the use as it existed prior to the rezoning, re-platting, or change of use, determined by the greater of the then existing actual trip generation or the latest edition of the Institute of Transportation Engineers' (ITE) trip generation for the existing use, or another method approved by the city; or upon the platting, re-platting or new development of vacant land if the proposed use is expected to generate between 500 and 749 daily trips.

(Prior Code, § 74-578)

A traffic impact statement (TIS) is required to be submitted, rather than a TIA, if the criteria of section 78-291 is met and the peak hour trips per peak direction exceed 100 or the daily trips exceed 749.

(Prior Code, § 74-579)

The following table lists the major elements to include in each of the two types of traffic analysis:

ELEMENTS TO INCLUDE IN TRAFFIC ANALYSIS

(Prior Code, § 74-580)

The following information must be included in the traffic impact assessment:

(1)

Background.

a.

Name of development and developer.

b.

Development location and zoning classification.

c.

Description of study area, setting and features of the area where the development is proposed to be implemented.

d.

Description of proposed development program and operations (design year and opening of development, peak days of week and peak times of day, typical vehicle occupancy, describe patrons as appropriate).

e.

Identify other factors that will bear on traffic (planned/programmed roadway improvements, other developments proposed/approved for the area, etc.).

(2)

Site plan.

a.

Identify use (residential, commercial, office, institutional, industrial, etc.).

b.

A detailed description of the proposed use.

c.

A detailed description of the site.

d.

A description of the building footprint and how it sits on the proposed site.

e.

The number and location of access driveways, clearly labeled, and assessed relative to this chapter.

f.

Parking supply, assessed relative to the chapter.

(3)

Traffic assessment results. The traffic study must include:

a.

Assessment of existing conditions.

1.

Identify and describe adjacent intersections serving the site.

2.

Quantify peak hour turning movements.

3.

LOS at adjacent intersections.

b.

Assessment of post development conditions.

1.

Trip generation, trip distribution, traffic assignment to driveways and adjacent intersections.

2.

LOS at driveways and at adjacent intersections.

(4)

Summary of findings.

a.

Observations.

b.

Conclusions.

c.

Recommendations.

(Prior Code, § 74-581)

The following items include information to be included for specific elements of the traffic impact study:

(1)

Background.

a.

Name of development and developer.

b.

Development location and zoning classification.

c.

Description of study area, setting and features of the area where the development is proposed to be implemented.

d.

Description of proposed program and operations (design year and opening of development, peak days of week and peak times of day, typical vehicle occupancy, describe patrons as appropriate).

e.

Identify other factors that will bear on traffic (planned/programmed roadway improvements, other developments proposed/approved for the area, etc.).

(2)

Site plan.

a.

Identify use (residential, commercial, office, institutional, industrial, etc.).

b.

A detailed description of the proposed use.

c.

A detailed description of the site.

d.

A description of the building footprint and how it sits on the proposed site.

e.

The number and location of access driveways, clearly labeled, and assessed relative to this chapter.

f.

Parking supply, assessed relative to this chapter.

g.

Describe bicycle parking supply, assess relative to this chapter.

(3)

Existing traffic conditions.

a.

Define the existing condition.

b.

Show existing two-way daily traffic and comment on roadway LOS.

c.

Identify existing driveways adjacent to or opposing proposed driveways, describe any traffic operations issues, recommend and test mitigations to address issues.

d.

Show existing peak hour turning movements at intersections that will be affected by the proposed development.

e.

Conduct existing intersection capacity analysis and report existing LOS and storage issues.

f.

Recommend and test mitigation measures to ensure either minimum LOS D under existing conditions and adequate storage, or a LOS no worse than the lowest LOS for the affected intersection at any time.

(4)

Future no-build conditions.

a.

Define the no-build condition, including any significant changes in land use in the vicinity of the proposed development and any changes in the roadway network that will have taken place since the existing condition.

b.

Conduct analysis to fore-cast no-build, two-way daily traffic and comment on roadway LOS.

c.

Re-visit existing driveways adjacent to or opposing proposed driveways, describe traffic operations issues relative to fore-cast two-way daily traffic, recommend and test mitigations to address issues.

d.

Conduct analysis to fore-cast no-build peak hour intersection turning movements.

e.

Conduct fore-cast no-build intersection capacity analysis and report LOS and storage issues.

f.

Recommend and test mitigation measures to ensure either minimum LOS D or a LOS no worse than the lowest LOS for the affected intersection at any time under fore-cast no-build conditions and adequate storage.

(5)

Future build conditions.

a.

Define the build condition.

b.

Conduct analysis to quantify the effects of the build condition:

1.

Trip generation analysis using the latest edition of trip generation, institute of transportation engineers, account for pass-by and multi-purpose trips, provide credit for transit trips.

2.

Trip distribution analysis using an approved approach (population within traffic analysis zones, households within traffic analysis zones, two-way daily traffic on roadways serving the site, etc.).

3.

Assign traffic to driveways and roadways serving the site in accordance with outcomes from the trip distribution analysis.

c.

Revisit existing driveways adjacent to or opposing proposed driveways, describe traffic operations issues relative to fore-cast two-way daily traffic, recommend and test mitigations to address issues.

d.

Add assigned traffic to no-build condition intersection turning movements to derive build condition intersection turning movements.

e.

Conduct fore-cast build intersection capacity analysis and report LOS and storage issues.

f.

Recommend and test mitigation measures to ensure either minimum LOS D or a LOS no worse than the lowest LOS for the affected intersection at any time under fore-cast no-build conditions and adequate storage.

g.

Quantify fore-cast build condition, two-way daily traffic and comment on LOS.

(6)

On-site circulation.

a.

Describe location of access routes, relative to driveways and front and rear doors of buildings.

b.

Describe locations of dumpsters and delivery/loading docks and how service vehicles will circulate and maneuver.

(7)

On-site parking.

a.

Describe proposed parking supply.

b.

Assess proposed supply against required parking supply in this chapter.

c.

Describe rationalization if there is a discrepancy between proposed and required supplies. Quantify parking generation (demand) per the latest edition of the ITE, ULI, or other recognized source.

d.

Recommend an approach to resolve discrepancy.

e.

Describe proposed bicycle parking supply relative to this Code and how bicycles will circulate to bike parking racks.

(8)

Travel demand management. Identify, as appropriate, approaches to reduce travel demand and how they might be applied.

a.

Transit.

b.

Carpool.

c.

Employer sponsored vanpool.

d.

Employer incentives.

e.

Bike and bike facilities.

f.

Pedestrian and pedestrian facilities.

(9)

Summary of findings.

a.

Observations.

b.

Conclusions.

c.

Recommendations.

(Prior Code, § 74-582)

The city recognizes that there is very little that can be done to expand capacity and improve traffic operations beyond incremental operational changes (adjusting signals, adding operational control devices, (i.e., stop signs) in the downtown. As such, a change of use for existing properties in the downtown area where parking is not required does not require a traffic analysis. Staff may perform a traffic trip generation analysis to monitor the need for improvements in the street system. New development in this area, however, must meet the standards of this division to the extent applicable.

(Prior Code, § 74-583)