(A)   Any structure or use lawfully existing upon the effective date of this chapter or an amendment thereto, may be continued at the size and in a manner of operation existing upon the effective date of the city zoning regulation, except as hereinafter provided.

   (B)   Building permits legally issued not more than 120 days prior to the effective date of this chapter to construct a building or structure, the use of which will be nonconforming, shall be void unless the construction is started and substantially under contract within 120 days after the effective date of this chapter.

   (C)   Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Building Inspector.

   (D)   When any nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

   (E)   (1)   Whenever a nonconforming building or structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or other peril, it may be reconstructed to the same size and intensity of use, unless the damage to the building or structure is 50% or more of its market value and no building permit has been applied for within 180 days of when the property was damaged in which case the reconstruction shall be for a use in accordance with the provisions of this chapter.

      (2)   For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (F)   Whenever a nonconforming use of a building or structure is discontinued for a period of more than twelve months, any future use of the building or structure or land shall be in conformity with the provisions of this chapter.

   (G)   Normal maintenance of a building or other structure containing or related to a nonconforming use is permitted including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   (H)   A nonconforming use of a structure, building or parcel of land may be changed to a similar use or to a more restrictive nonconforming use. Once a structure, building or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.

   (I)   Alterations may be made to a building containing nonconforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside perimeter of the building.

(‘81 Code, § A1-6) (Ord. 291, passed 4-21-83; Am. Ord. 772, passed 4-14-05)

   A duly created lot of record shall be deemed a buildable lot provided all of the following are met:

   (A)   The lot shall have a minimum of 60 feet of frontage on a public street right-of-way or the lot shall have been approved in platting a condominium project or an attached dwelling project wherein a contiguous lot, owned in common, provides the frontage;

   (B)   There shall be no more than one principal building on one lot, except when specifically approved by the city;

   (C)   The lot shall be capable of supporting a building(s) and private well and private sewage system when public utilities are not available;

   (D)   The lot shall be of sufficient size to accommodate a building(s) within the minimum required building setbacks for the particular zoning district in which it is located; and

   (E)   Substandard lots within the SH, shoreland district may be allowed as building sites provided:

      (1)   The lot existed prior to the enactment of this chapter;

      (2)   The lot is in separate ownership from abutting lands;

      (3)   The use is permitted in the zoning district; and

      (4)   All other sanitary and dimensional requirements of the SH subchapter are met insofar as practical.

(‘81 Code, § A1-7) (Ord. 291, passed 4-21-83; Am. Ord. 419, passed 6-30-88)

   (A)   It shall be unlawful to install, construct, erect, alter, revise, reconstruct or move any outdoor accessory storage building which exceeds 200 square feet of enclosed area on a residentially zoned lot without first obtaining a building permit.

   (B)   The application for a building permit for an accessory building or structure shall be made upon a form provided by the city and shall include:

      (1)   Drawings, plans and specifications in sufficient detail so that the city's Building Inspector may review the same for compliance with all applicable building codes;

      (2)   Illustration of the method of anchoring the building to the ground which must be approved by the Building Inspector; and

      (3)   Other information as the city may require to ensure compliance with these regulations.

   (C)   No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in an R district prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to construction of the residence can be used only for storage purposes pertaining to and until completion of the main structure.

   (D)   Setbacks.

      (1)   All accessory buildings or structures, except those related to a farming operation in an Agricultural district, shall be located in the side or rear yard. Notwithstanding the foregoing, in an R district, an accessory detached garage may be in the front yard in accordance with the applicable front yard setback set forth in this chapter. An accessory building or structure that is 144 square feet or less shall be no closer than five feet to any side or rear lot line. An accessory building or structure that is greater than 144 square feet in area shall be no closer than 10 feet to any rear lot line and in accordance with the side lot line setback for the applicable district as provided elsewhere in this chapter. If the accessory building or structure, regardless of size, is adjacent to a public street right-of-way, then it shall be no closer than 20 feet to a side lot line.

      (2)   Accessory buildings and structures related to a farming operation and on a farm, may be located anywhere on the lot except that a building for housing more than two animal units shall not be less than 50 feet from a lot line and all buildings shall otherwise conform to yard regulations for the district in which it is located.

   (E)   Any accessory building or structure not attached to a dwelling unit shall be set back a minimum of six feet from the dwelling unit. If the dwelling unit has an attached garage, the accessory building or structure may be placed directly adjacent to the garage provided it maintains the six-foot setback from the dwelling unit and any other applicable setbacks. A detached accessory building or structure may be placed closer than six feet to a dwelling unit if appropriate fire protection of the exterior wall(s) and roof is provided.

   (F)   All accessory buildings or structures shall be maintained and kept so as not be an eyesore or a nuisance. Any building which is not so maintained shall be removed by the property owner or upon due notice. The building may be removed by the city at the property owner's expense.

   (G)   An accessory building or structure shall not exceed 16 feet in height and 750 square feet in area.

   (H)   A portable or permanent accessory building or structure shall not be located in a public utility easement, except when approved by the city and/or any public utility holding the easement. Where any question arises as to the location or design of the accessory building, the Building Inspector may refer the matter to the City Council for final determination.

   (I)   All accessory building and structure exterior surfaces shall be constructed and maintained with protective covering or treatment as to protect the surfaces from the weather elements and decay. Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or other protective covering or treatment such as siding. All roofs shall be maintained and properly protected with singles, tin roofing or other products deemed acceptable under the Minnesota State Building Code to provide the building weather-resistant and water tight. For all accessory buildings constructed by conventional methods, the exterior wall surfaces and roof shall have protective covering as is otherwise required for residential homes under the Minnesota State Building Code.

(‘81 Code, § A1-8) (Ord. 291, passed 4-21-83; Am. Ord. 318, passed 5-10-84; Am. Ord. 630, passed 8-21-97; Am. Ord. 1057, passed 3-28-19) Penalty, see § 155.999

   (A)   Whenever a park or play area is so located that it abuts on a public right-of-way or railroad right-of-way, either a landscaped yard area of at least 30 feet shall be maintained from the right-of-way and the nearest developed play space, or a fence or similar barrier shall be constructed and maintained. This section shall apply to all public and private parks, schools, churches and areas where parks and quasi- public play areas are provided.

   (B)   No yard or open space existing upon the effective date of this chapter shall be reduced in area or dimension so as to make the yard or other open space less than the minimum required by this chapter.

   (C)   The following shall not be considered as encroachments on yard area or setback requirements:

         (a)   Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, bays, gutters and other similar projections, provided they do not extend more than 30 inches into the required setback area and in no instance in the R districts nearer than three feet from a lot line.

         (b)   A window well may encroach up to 48 inches, measuring from the outside edge of the well wall/support, into the required side or rear setback, provided it is not closer than five feet to a lot line or encroach into an easement.

         (a)   Uncovered balconies that extend into the required setback area a distance of four feet or less, provided that they are seven feet or more above grade at the foundation line.

         (b)   Patios, decks, open-air porches, steps and stoops that extend into the required setback area a distance of eight feet or less. No portion of a front deck, porch or stoop may have a height greater than 30 inches measured from the top of the platform to the finished grade.

         (c)   Ramps constructed for the purpose of providing handicap access which extend into the required setback area a distance of eight feet or less, provided that they are 18 inches or less above grade at the building line with a railing no higher than 36 inches.

         (a)   Patios or decks more than 18 inches above grade at the building line, exclusive of any railing, ramps constructed for the purpose of providing handicap access, breezeways, detached picnic shelters, recreational equipment, constructed landscape features or retaining walls, driveways, steps, stoops and mechanical equipment provided that none of these extent nearer than five feet to the rear lot line.

         (b)   Attached uncovered balconies or decks higher than 18 inches above building grade may extend up to 12 feet into the required setback area.

   (D)   The minimum required building setback for any building in any yard in all zoning districts along any interstate or state highway, principal or minor arterial and community collector, either existing or proposed as designated in the city’s comprehensive guide plan is as shown in Appendix E of this chapter.

   (E)   The City Council may waive the required side yard setback requirement in all districts if two legal lots of record are held in one ownership and are combined by the Dakota County Assessor as one tax parcel.

   (F)   A building that met setback requirements at the time the building permit was issued may be replaced by a new building that is no larger than the existing building’s foundation footprint notwithstanding the setback requirements in effect at the time the new building is to be erected unless the setback distance for the lot as provided in this chapter has been amended since the issuance of the building permit for the existing building.

(‘81 Code, § A1-9) (Ord. 291, passed 4-21-82; Am. Ord. 492, passed 8-9-90; Am. Ord. 874, passed 12-22-09; Am. Ord. 965, passed 5-8-14; Am. Ord. 1060, passed 4-11-19; Am. Ord. 1067, passed 10-24-19) Penalty, see § 155.999

   (A)   Height limitations as set forth in this section may be increased by 50% when applied to the following:

      (1)   Antenna, radio or TV;

      (2)   Belfries;

      (3)   Church spires and steeples;

      (4)   Cooling towers; and

      (5)   Elevator penthouse.

   (B)   Height limitation for flagpoles in any district shall be 100 feet.

   (C)   Heights in excess thereof for the purposes may be permitted only by a variance granted by resolution of the City Council determining that the structures would not be dangerous and would not adversely affect the adjoining or adjacent property.

(‘81 Code, § A1-10) (Ord. 291, passed 4-21-83)

   On all corner lots in all districts, no structure or planting in excess of 36 inches above the abutting curb line shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curb lines of two intersecting streets, thence 30 feet along one curb, thence diagonally to a point 30 feet from the point of beginning on the other curb line, thence to the point of beginning.

(‘81 Code, § A1-11) (Ord. 291, passed 4-21-83)

   (A)   It shall be unlawful to install, construct, erect, alter, revise, reconstruct or move any pipeline, underground telephone line, underground electric transmission line or overhead electric transmission line without first obtaining a permit from the Apple Valley Public Works Director. In issuing a permit, the Public Works Director shall find that:

      (1)   The proposed location of the essential service shall not reasonably interfere with present or future development;

      (2)   The depth of any buried essential services shall be at a depth that will not cause future problems with roads, streets, utilities or buildings;

      (3)   The width of any linear easements or rights-of-way shall not be such that it will unreasonably interfere with future development;

      (4)   The location of any essential service is in accordance with the overall utility location plan(s) as adopted by the City Council, when the plan is in existence, or the designated utility corridors as identified in the utility chapter of the city’s comprehensive plan; and

      (5)   The location of any essential service is in accordance with § 155.340 concerning utility line burial.

   (B)   The Director of Public Works shall refer any application for a utility permit to the Planning Commission for its review and recommendation where there is a question about compliance with the above criteria in division (A). The Planning Commission findings and recommendations shall then be forwarded to the City Council for final action.

(‘81 Code, § A1-12) (Ord. 291, passed 4-21-83; Am. Ord. 514, passed 5-23-91) Penalty, see § 155.999

   Land reclamation and mining shall only be permitted as provided and regulated by provisions of §§ 155.285 through 155.293 hereof, by definitions contained herein, and by §§ 150.15 through 150.20 and amendments thereto.

(‘81 Code, § A1-14) (Ord. 291, passed 4-21-83)

   No buildings, structures or uses may be located in or on any public lands or rights-of-way without approval by the City Council.

(‘81 Code, § A1-13) (Ord. 291, passed 4-21-83)

   (A)   All land shall be platted prior to placing any structure thereon unless otherwise approved by the City Council.

   (B)   Land zoned for condominiums or townhouses for sale may be platted after footings are poured with the approval of the City Council.

(‘81 Code, § A1-16) (Ord. 291, passed 4-21-83)

   (A)   All utilities installed after the effective date of these regulations, including but not limited to electrical, telephone and cable television lines, shall be buried unless otherwise approved by the City Council.

   (B)   Existing overhead utilities within road right- of-ways which are not in conformance with overhead utility corridors as stipulated in § 155.336(A)(4) and of a capacity less than 15 kilovolts are declared to be nonconforming and must be buried at the time they are replaced due to aging or capacity limitations, or relocated due to road construction or reconstruction within the rights-of-way in which they share space, unless otherwise approved by the City Council. This provision shall not apply to existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties.

   (C)   Existing overhead utilities which are to be buried in conformance with division (B) preceding shall be done so under the terms and scheduling requirements as listed within the applicable franchise agreement for the affected utility, if so stipulated. In the absence of franchise agreement stipulations for the affected utility, the burial shall occur under the terms and scheduling requirements stipulated by the city at the time the overhead utility is replaced or relocated; the substitute stipulations to be arrived at through negotiation between the affected utility and the city, which shall not otherwise be prohibited from contributing toward the cost of burial.

(‘81 Code, § A1-17) (Ord. 291, passed 4-21-83; Am. Ord. 514, passed 5-23-91)

   (A)   On all residential lots not served by public utilities which are at least 24,000 square feet in area and 170 feet in width, all structures shall be placed so that the lot may be further subdivided in the future unless otherwise approved by the City Council.

   (B)   On all residential lots where a two-car garage is not constructed with initial development, sufficient space in accordance with the minimum setback requirements shall be reserved for the potential future construction of a two-car garage.

(‘81 Code, § A1-18) (Ord. 291, passed 4-21-83)

   Whenever in any district a use is neither specifically permitted or denied, a property owner may request a study by the city to determine whether the particular use is compatible with the zoning district in which it is proposed to be located.

(‘81 Code, § A1-19) (Ord. 291, passed 4-21-83)

   All site and building plans, except for single- family dwellings or duplexes shall be reviewed by the city Fire and Police Departments. Plans shall be reviewed for fire warning and protection systems, public safety, vehicular access and concerns related to public safety.

(‘81 Code, § A1-21) (Ord. 291, passed 4-21-83)

   The guiding of urban development so as to develop a compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts, conditional and accessory uses, shall conform to the following standards:

   (A)   Noise. Any use producing noise shall be in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency.

   (B)   Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements of the Minnesota Pollution Control Agency regarding emission of smoke and particulate matter.

   (C)   Toxic or noxious matter. The discharge of toxic or noxious matter shall conform with the minimum standards as adopted by the Minnesota Pollution Control Agency.

   (D)   Odors. The discharge of odors shall conform with the air quality standards as adopted by the Minnesota Pollution Control Agency.

   (E)   Vibrations. Any use creating periodic earth shaking vibrations shall be in conformance with the minimum standards concerning vibration as adopted and enforced by the Minnesota Pollution Control Agency.

   (F)   Glare and heat. Any use producing heat or light transmission shall be in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency.

   (G)   Waste material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor into the sanitary sewer system, but shall be disposed of in a manner approved by the City Engineer which is consistent with the policies and standards of the Minnesota Pollution Control Agency.

   (H)   Bulk storage (liquid). All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall comply with the requirements of the Minnesota State Fire Marshal and the Minnesota Department of Agriculture offices and have documents from those offices stating the use is in compliance.

   (I)   Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.

   (J)   Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

   (K)   Explosives. Any use requiring storage, utilization or manufacturing of products which could detonate by decomposition shall be located not less than 400 feet from any residential district line.

(‘81 Code, § A1-50) (Ord. 291, passed 4-21-83)

   The special provisions established in this chapter are designed to encourage a high standard of residential and business development by providing assurance that neighboring land uses will be compatible. The special provisions are also designed to prevent and eliminate those conditions that cause blight. All future development in the city shall be required to meet these provisions. The special provisions shall also apply to existing development where so stated or otherwise practical or reasonable as determined by the Zoning Administrator.

(‘81 Code, § A1-151) (Ord. 291, passed 4-21-83)

   (A)   The design of all building site and landscape plans shall be prepared by a professional skilled and trained to perform these services. Buildings shall be designed to fit the particular site and shall be harmonious with adjacent buildings, topography and natural surroundings and shall otherwise meet the provisions of this chapter.

   (B)   In order to assure that new construction is compatible with existing structures and neighborhood environments, it is necessary to establish minimum design and building material standards. These standards will serve to prevent new development from de-stabilizing adjacent neighborhoods by mitigating the intrinsic negative impacts associated with structures of greater bulk and density. The following standards are established to accomplish these ends:

         (a)   For rooftop mechanical equipment, all mechanical equipment and related appurtenances, except solar collector panels, must be fully screened by either a parapet wall along the edge of the building or by a screen immediately surrounding such equipment. The height of the parapet wall or screen shall be at least the height of the equipment. Parapet walls must be an extension of the primary building materials comprising the outside walls of the building; screens must be constructed of durable, low-maintenance materials and be either a light, neutral color or the same color as the primary building materials of the outside walls. Rooftop equipment shall be set back from the edge of the roof along the front building face a minimum of one times the equipment height.

         (b)   For ground mounted equipment, all mechanical equipment and related appurtenances must be fully screened by either a masonry wall or an opaque landscape screen. The height of the wall or landscape screen shall be at least the height of the equipment. Masonry walls must be constructed of the same materials and color as the primary materials comprising the outside walls of the building; landscape screening must be of plant materials that are fully opaque year-round. Equipment shall be painted a neutral earth-tone color. All mechanical protrusions shall be pointed out on the site plan and elevations.

      (4)   Materials. Materials shall be those normally utilized in this part of the country for permanent type construction, which are found in what is generally accepted as good architectural design and which are found to be compatible with nearby existing buildings. Required building materials shall depend upon the use of the building as follows:

         (a)   Commercial buildings shall have a vertical exposed exterior finish of 100% non- combustible, non-degradable and maintenance-free construction materials (such as face brick or natural stone but excluding such construction materials as sheet or corrugated aluminum, iron, or concrete block of any kind or similar). Exterior roof-top finishes shall preclude the use of exposed or plated metal; any metal surface shall be coated or anodized with a non- reflective, glare-free finish.

         (b)   Industrial buildings shall have a vertical exposed exterior finish of 100% non- combustible, non-degradable and maintenance-free construction materials (such as face brick, natural stone or decorative concrete block but excluding construction materials as sheet or corrugated aluminum, iron, plain or painted plain concrete block or similar). Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. Exterior roof-top finishes shall preclude the use of exposed or plated metal; any metal surface shall be coated or anodized with a non- reflective, glare-free finish.

         (c)   Multiple residential buildings adjacent to R zones or occupied M zones shall have a vertical exposed exterior finish consisting of at least 50% non-combustible, non-degradable and maintenance-free construction materials (such as face brick or natural stone but excluding such construction materials as sheet aluminum, iron or concrete block of any kind or similar), with the balance being a non- manufactured natural construction material such as plank cedar or redwood.

   (C)   In addition to the performance standards contained within this section, those areas and uses located in Downtown Apple Valley shall also conform to the design guidelines contained in the Downtown Design Guidelines, as formally adopted to the satisfaction of the City Council. If any provision or requirement of this section is in conflict with any term, condition or standard contained in the Downtown Development Design Guidelines, or with any provision or requirement of any other Chapter in this code, the provisions and requirements set forth in this section shall govern. Downtown Apple Valley is that area located within the Ring Route, and bounded by 147th Street to the north, 153rd Street to the south, Pennock Avenue to the west and Galaxie Avenue to the east.

(‘81 Code, § A1-53) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 772, passed 4-14-05; Am. Ord. 965, passed 5-8-14)

   Site planning and development shall show due regard for all natural terrain features, such as trees or vegetation, watercourses, historic areas, slopes, soil conditions, ponding areas and wetlands and similar existing physical features in order that development of any type will not have an adverse or detrimental effect upon the ecology or natural character of an area.

(‘81 Code, § A1-54) (Ord. 291, passed 4-21-83)

   (A)   Screening in residential districts:

      (1)   Screening shall be required in residential districts where:

         (a)   Any off-street parking area contains more than four parking spaces and is within 30 feet of an adjoining residential district; and

         (b)   Where the driveway to a parking area of more than four parking spaces is within 15 feet of an adjoining residential district.

      (2)   In residential districts, all materials and equipment shall be stored within a building or fully screened (so as to not be visible) from adjoining properties except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off-street parking of passenger automobiles and pickup trucks. The use of any residential lot whether inside or outside a building, and the use of any open portion of the half of any lot that joins any street for the storage, keeping or abandonment of junk or scrap materials, and the dismantling, demolition or abandonment of automobiles or other vehicles is prohibited unless otherwise permitted by this chapter. Minor automobile repair may occur out of doors; major automobile repair must occur within a garage.

   (B)   Screening in business, industrial and institutional districts:

      (1)   Where any business, institutional or industrial use (that is, structure, parking or storage) is adjacent to and within 100 feet of property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the building inspector).

      (2)   In business, industrial and institutional districts, all exterior storage shall be screened. The exceptions are:

         (a)   Retail merchandise being displayed as permitted by this chapter; and

         (b)   Materials and equipment being used for construction on the premises.

   (C)   In all zoning districts, all waste material, debris, refuse or garbage shall be kept in an enclosed building or enclosed within a container. The container shall be completely screened by a wall or an equivalent visual screen. The screen or enclosed building shall be architecturally compatible with the principal building it serves.

   (D)   Type of screening.

      (1)   The screening required in this section shall consist of an attractive solid fence or wall or landscaping or earth berm but shall not extend within 30 feet of any public street where the screening in excess of three feet in height is needed.

      (2)   Where landscaping, such as a hedge, is used, the landscape feature shall provide a year-round solid screen before the requirements of this section are met.

      (3)   Natural features, such as differences in elevation, tree masses or similar natural features, may negate the need for man-made screening in certain areas. This determination shall be made by the Zoning Administrator.

   (E)   It shall be the responsibility of the property owner to maintain all screening so as not to be unsightly, a nuisance or create a hazard or safety problem.

(‘81 Code, § A1-55) (Ord. 291, passed 4-21-83)

   (A)   A landscaped yard shall be installed and maintained along all public streets except on lots in agricultural districts, on through lots (not corner lots) in R-1 districts, or on lots abutting a public transportation facility. This yard shall be kept clear of all structures, storage and off-street parking, except for driveways. This yard shall be at least five feet in depth from the public right-of-way for all properties abutting Cedar Avenue south of 140th Street and for all properties abutting 150th Street west of Pilot Knob Road, but east of 147th Street. This yard shall be at least 15 feet in depth along all other streets, measured from the public right-of-way. The measurement shall be determined as of the time that the permit for construction or improvement is issued. Except for driveways, the yard shall extend along both streets in the case of a corner lot.

   (B)   An approved landscape plan shall be required for all new commercial, industrial, multiple residential and institutional developments. For developments having a construction value in excess of $1,000,000, the plan shall be prepared by a landscape architect registered and licensed in the state. To the maximum extent feasible, this site plan shall incorporate any existing vegetative features on the site; to the extent that the value of preserved vegetation can be demonstrated, a credit to the minimum expenditures following below may be allowed. The landscape plan shall include size, location, quantity and species of all plant materials and the method of maintenance. The minimum cost of landscaping materials for the plan shall be a percentage of the estimated building construction cost based on current means construction data as follows:

      (1)   Multiple residential, 2½%;

      (2)   Commercial, 2½%;

      (3)   Institutional, 2½%; and

      (4)   Industrial, 1½%.

   (C)   The City Council may require a landscape bond to ensure that all plant materials are planted and maintained for at least one year.

   (D)   Landscaped islands shall be provided in parking lots containing more than 25 parking stalls. Total area of islands shall be at least 2% of the parking lot area, except that no island shall be less than the size of a standard parking stall. Islands shall be surrounded by a concrete curb and provided with a weed retardant mesh or plastic sheeting. Islands shall be planted with a minimum 2½-inch diameter tree at the rate of one tree per 150 square feet of island area.

(‘81 Code, § A1-56) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 875, passed 12-22-09)

   (A)   All land/property within the city shall be subject to the city’s drainage and stormwater management regulations in accordance with the city’s Stormwater Management Plan, Surface Water Management Plan or other operational plans adopted by the city and in accordance with those regulations set forth in Chapter 152 herein governing natural resources management regulations.

   (B)   The maximum impervious surface area on a lot or parcel with a one-family detached dwelling (house) or lots with two-family attached dwellings (twinhome) shall not exceed the following coverage:

 

 

      (1)   Actual lot area shall be rounded up to the nearest whole number for determination of its lot size hereunder.

      (2)   (a)   Lots located within a "PD" (Planned Development) zoning district on which an one-family detached dwelling (house) or lots with two-family attached dwellings (twin home) is a permitted use shall comply with the requirements above, unless impervious surface coverage is specifically addressed in the ordinance establishing the PD zoning district.

         (b)   Lots zoned for multi-family dwellings on which the dwelling units, attached or detached, comprises the lot of record and the open space or yard surrounding the unit is not exclusively owned by the dwelling unit owner and is instead owned as a CIC or other common property interests, are not subject to this clause.

   (C)   The maximum impervious surface area allowed hereunder may be increased up to an additional 5% upon a showing of circumstances supporting good cause for additional impervious surface area in excess of the limitations herein and upon the installation of a city approved on-site stormwater management facility. An application for a request hereunder shall be filed with the City Clerk upon an application form furnished by the city. The application fee and a performance security escrow, which shall be in an amount established by City Council resolution, shall be paid and filed with the application.

   (D)   Any lot or parcel that has impervious surface area in excess of the maximum area allowed herein as of April 30, 2018, shall be deemed as legal nonconforming. The impervious surface area existing on a lot as of April 30, 2018, may be maintained, repaired or replaced, but may not be expanded. If the lot or parcel is redeveloped in its entirety, the impervious surface area restrictions set forth herein shall apply.

(‘81 Code, § A1-57) (Ord. 291, passed 4-21-83; Am. Ord. 760, passed 10-14-04; Am. Ord. 1050, passed 10-11-18; Am. Ord. 1099, passed 8-26-21; Ord. 1134, passed 10-24-24) Penalty, see § 155.999

   (B)   Locations. All boundary fences shall be located entirely upon the private property of the persons, firm or corporation constructing or causing the construction of the fence unless the owner of the property adjoining agrees, in writing, that the fence may be erected on the division line of the respective properties. The building inspector may require the property owner desiring to erect a fence for which a permit is required to establish the boundary lines of his or her property by a survey thereof to be made by any registered land surveyor.

   (C)   Fence regulations. A fence is a public nuisance and prohibited accordingly if it does not comply with the following requirements:

      (1)   The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse.

      (2)   The fence shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original design of the fence. The fence shall be free from any defects or condition which makes the fence hazardous.

      (3)   All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface coating or treatment, which shall be maintained in good repair to provide the intended protection from the elements.

      (4)   No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including but not limited to: paint or other protective coating or treatment, on more than 20% of any one linear ten-foot section of the fence.

      (5)   Any link fence, where permitted, shall be constructed and maintained in such a manner that no barbed ends be located at the top of the fence.

      (6)   No fence made of any material which is intended for the purpose of temporary fencing, such as snow fencing or erosion control or sedimentation fencing, shall be permitted on any property for a period in excess of 30 days within any twelve-month period, except in connection with a development, construction or land-disturbing activity project requiring such temporary fencing or as otherwise approved by the city for good cause.

   (D)   Residential district fences. In all areas of the city zoned residential and not a farm, no boundary line fence shall be erected or maintained more than 3½ feet in height except that:

      (1)   Fences on all corner lots erected within 30 feet of the intersecting curb line shall be subject to § 155.335.

      (2)   Fences may be constructed to a height of eight feet on the side property line from the rear lot line to the front setback line of the principal building.

      (3)   Fences along any rear property line which is also the rear property line of an abutting lot or which abuts a street right-of-way shall not exceed eight feet in height.

      (4)   Fences along a rear property line which constitutes the side lot line of an abutting lot shall not exceed eight feet in height and shall not exceed 3½ feet in height within a triangular area described as follows: beginning at the intersection of the common rear/side lot line and the abutting lot's front lot line; thence 17 feet along the common rear/side lot line; thence diagonally to a point 17 feet from the point of beginning along the side street lot line; thence to the point of beginning.

      (5)   Fences on side street lot lines shall not be more than eight feet in height and shall not extend toward the front lot line past a point on the lot line where the front building line of the principal building projected would intersect and, if the adjacent lot fronts on the same street as the aforementioned side street lot line, the fence shall not exceed 3½ feet in height within the triangular area described in subsection (4) above.

   (E)   Business, industrial and institutional district fences. Property line fences within all business, industrial or institutional districts shall not exceed eight feet in height unless otherwise permitted by the City Council.

   (F)   Barbed wire and electric fences. Barbed wire fences shall not be permitted in any district except agricultural unless specifically permitted under conditions set forth by the City Council. Electric fences shall not be permitted in any district except in agricultural and only when related to farming or in other districts in which a farm is located and only when related to farming and not used as a boundary fence. An underground electronic or electric boundary marker systems used for containment of domestic animals, such as "invisible fence," shall not constitute an electric fence for purposes of this paragraph.

   (G)   Special purpose fences. Fences for special purposes, such as the Zoological Garden perimeter fence, may be permitted in any use district by the City Council. Findings shall be made that the fence is necessary to protect, buffer or improve the premises for which the fence is intended.

(‘81 Code, § A1-58) (Ord. 291, passed 4-21-83; Am. Ord. 704, passed 12-13-01; Am. Ord. 1062, passed 5-9-19)

      (1)   A minimum 48-inch high barrier, which completely surrounds and restricts access to the swimming pool, shall be installed and maintained in a sound and safe condition around a swimming pool or around the tract of land where the pool is located. The barrier may consist of a security fence, freestanding wall, a building's wall, or combination thereof. When the swimming pool is an aboveground swimming pool of which the wall(s) of the swimming pool are greater than 48 inches from the ground to the top of the pool wall(s) at every point around the pool, then no barrier is required, but the means of access into the swimming pool (e.g. ladder or steps), shall be secured, locked or removed to prevent access during any period of time that the pool is unattended or not in use. Spas or hot tubs with a locking safety cover which complies with ASTM Standard F 1346-91 shall exempt from these barrier requirements, provided they are equipped with a safety locking cover which is locked at all time during which the spa or hot tub is not in use. Storable swimming or wading pools shall be exempt from this section provided all means of access into the pool are removed and the pool is covered when it is not attended.

      (2)   The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall not allow passage of a four-inch-diameter-sphere. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall not allow passage of a four-inch-diameter sphere.

      (3)   Openings in the barrier shall not allow passage of a four-inch-diameter sphere.

      (4)   To prevent a person from scaling a solid barrier, which does not have openings, such as a masonry or stone wall, such barrier wall shall not contain indentations or protrusions in excess of 1.25 square inches except for normal construction tolerances and tooled masonry joints.

      (5)   Where the barrier is composed of horizontal and vertical members and the distance between the tops of each of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.

      (6)   Where the barrier is composed of horizontal and vertical members and the distance between the tops of each of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.

      (7)   Maximum mesh size for chain link fences shall be a 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom of which reduce the openings to not more than 1.75 inches.

      (8)   Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches.

      (9)   The Building Inspector shall approve the plans and specifications for the barrier prior to its installation. The barrier shall be equipped with doors or gates which are self-closing and self-latching with the latch to be located a minimum of 42 inches above ground level and equipped with a lock which shall be kept locked when the swimming pool is unattended.

      (1)   Swimming pools shall be set back a minimum of five feet from any side or rear lot line as measured from the nearest edge of the slope around the pool or perimeter walk.

      (2)   Swimming pools shall not be located in an easement of record as measured from the nearest edge of the slope around the pool or perimeter walk.

      (3)   Swimming pools shall not be permitted in the front yard or side yard in the area between the street right-of-way line and the minimum required building setback line.

   (E)   Storable swimming and wading pools must be disassembled and stored between the dates November 1 and April 1 of each year.

(‘81 Code, § A1-59) (Ord. 291, passed 4-21-83; Am. Ord. 755, passed 6-24-04; Am. Ord. 756, passed 7-8-04; Am. Ord. 768, passed 2-24-05)

   (A)   In all districts, any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct glare from floodlights or similar sources, shall not be directed into any adjoining property or public streets, and all the source of all lights shall be hooded or controlled in some manner so as not to light adjacent property. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The city may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood.

   (B)   In residential areas, any light or combination of lights that cast light on any adjacent residential property shall not exceed 1/2 foot candle (meter reading) as measured at the property line. Lighting fixtures for new and renovated outdoor sports and recreational facilities that adjoin residential uses shall be designed to eliminate reflected glare and spill light from the bottom one-third of the reflector, and to shield the view of the arc tube from the residential property.

   (C)   In commercial and industrial areas, any light or combination of lights that cast light on any adjacent commercial or industrial property shall not exceed one foot candle as measured at the property line. All canopy lighting shall only be permitted under the canopy structure, and consist of canister spot lights or shoebox lights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Total canopy illumination below the canopy may not exceed 115 foot candles at ground level.

   (D)   The city may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this section.

(‘81 Code, § A1-60) (Ord. 291, passed 4-21-83; Am. Ord. 772, passed 4-14-05)

   (A)   Location.

      (1)   All loading areas, including maneuvering area, shall be off-street and shall be located on the same lot as the building or use to be served.

      (2)   Loading areas shall not be permitted adjacent to a residential district, along the front side of a building or along a side facing a public street unless the loading area, including maneuvering area, is more than 100 feet from the public street.

      (3)   Where a loading area faces a public street or residential district, a minimum 40-foot wide landscaped yard, including berms and vegetation, shall be provided and maintained along the public street or that particular side.

   (B)   Surfacing. All loading berths and access driveways shall be surfaced with concrete or asphalt.

   (C)   Use of loading berths. Loading berths or access drives shall not be used for the storage of goods or inoperable vehicles.

   (D)   Required berths. There shall be provided adequate off-street loading space in connection with any structure which requires receipt or distribution of materials by vehicles on a regular basis.

(‘81 Code, § A1-64) (Ord. 291, passed 4-21-83)

   Open sales lots shall be subject to the following standards:

   (A)   A minimum 20-foot wide yard abutting the public right-of-way shall be landscaped and the landscaping shall be separated from the usable portion of the lot by a curb. The 20-foot landscaped yard shall also be provided where the lot abuts a residential lot.

   (B)   All of the lot other than the portion occupied by a building or landscape treatment shall be surfaced to control dust and drainage.

   (C)   Lot shall be constructed according to a grading plan approved by the City Engineer.

   (D)   When a lot is adjacent to a lot located in a residential district, a fence of acceptable design shall be erected along that particular side.

   (E)   The outdoor lighting system for a sales lot shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land.

   (F)   A site plan for the lot, showing ingress and egress, storage, parking, fencing and other necessary features required to understand the operation, shall be filed for approval by the City Council.

(‘81 Code, § A1-65) (Ord. 291, passed 4-21-83)

   Motor fuel stations shall be subject to the following standards:

   (A)   The minimum required building setback shall relate to any canopy, weather protection, pump island or building.

   (B)   The sale or rental of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require an approved open sales lot. In any instance, these vehicles shall only be permitted at the side or rear of the motor fuel station lot.

   (C)   A minimum 20-foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur.

   (D)   All goods offered for sale on the motor fuel station site, other than those generally required for the operation and maintenance of motor vehicles, shall be stored, sold and displayed within a building.

   (E)   All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building.

   (F)   The outdoor lighting system shall be approved by the city and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots.

   (G)   Wherever a motor fuel station abuts a residential district, a solid screen, not less than six feet high, shall be erected and maintained along the side and rear property line that abuts the residential district.

   (H)   The entrance doors for any service stalls shall not face toward a principal or minor arterial.

   (I)   A minimum of two off-street parking spaces for each service bay shall be provided at the side or rear of the principal building.

(‘81 Code, § A1-66) (Ord. 291, passed 4-21-83)

   (A)   Prepared food outlets, such as drive-ins, franchise food operations and quick-stop prepared food facilities, shall be subject to the following standards:

      (1)   The minimum 20-foot wide yard abutting the public right-of-way shall be landscaped and the landscaping shall be separated from the surfaced part of the lot by a concrete curb;

      (2)   Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. except for those sites located 200 feet or more from any residential district;

      (3)   The entire site, other than the area occupied by a building or landscaping, shall be surfaced with concrete or asphalt;

      (4)   The outdoor lighting system shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land;

      (5)   When prepared food is served to the customer in a carry-out container, a proposed system of trash containers and trash removal from the site shall be submitted to the city for approval. The system to include the pick-up of papers and other material upon and adjacent to the site;

      (6)   A proposed system of ingress, egress and parking shall be submitted for approval by the city. Curb cuts shall not be permitted within 50 feet from the curb line intersection on local or collector streets and 80 feet on principal or minor arterials; and

      (7)   The minimum required building setback shall relate to any canopy, weather protection or similar feature.

(‘81 Code, § A1-67) (Ord. 291, passed 4-21-83)

   (B)   All neighborhood restaurants shall be subject to the following standards:

      (1)   Traffic circulation patterns and ingress/egress to the site are designed so as to minimize impact to adjacent residential and institutional properties; and

      (2)   The applicant shall demonstrate the use’s generated traffic will not adversely affect any surrounding residential or institutional uses and shall submit, upon the city’s request, a traffic study. The city may require additional landscaping and/or screening to protect neighboring residential and institutional uses.

(Ord. 654, passed 12-10-98)

   (A)   An outdoor commercial promotion is a sales or other business-related event conducted outdoors by a leasehold or owner occupant of commercial, industrial, or institutional property on which the principal commercial operation is located. An outdoor commercial promotion by a leasehold or owner occupant of commercial property may include, but is not limited to: outdoor product display, outdoor sidewalk sale, tent sale, outdoor customer appreciation event. An outdoor commercial promotion is also a not-for-profit organization fundraising event, such as a car wash conducted by a high school team, a brat sale by a Boy or Girl Scout troop.

   (B)   An outdoor commercial promotion on commercial, industrial, or institutional property shall only be by permit administratively approved by the Zoning Administrator, subject to all of the following:

      (1)   The outdoor commercial promotion shall be conducted by and in connection with an occupant business on the subject property or by a not for-profit organization for a fundraising event on the subject property with the consent of the property owner.

      (2)   The permit shall be valid for a period not to exceed ten days for one outdoor promotion by an occupant business and no more than four permits will be issued in a calendar year to an occupant business. A permit to a not-for-profit organization for a fundraising event on the subject property shall not be for more than three consecutive days and shall be sponsored by the property owner or occupant business on the subject parcel. The number of permits to a not-for-profit organization for a fundraising event on the subject property is not restricted and the permit will not be considered in the number of permits allowed for an occupant business conducting an outdoor commercial promotion.

      (3)   The outdoor commercial promotion shall be conducted entirely upon the subject property in a manner that will not interfere with traffic circulation or otherwise create a nuisance or safety hazard as determined by the Zoning Administrator.

      (4)   A sidewalk sales shall be restricted to the area immediately adjacent to the front of the store that is conducting the sale on the sidewalk or parking lot. The sales or display shall permit a minimum four-foot wide open sidewalk area in front of each store at all times for pedestrians.

      (5)   Failure to comply with these regulations shall be sufficient reason to immediately revoke the approved permit and grounds for denial of future permits.

(‘81 Code, § A1-68) (Ord. 291, passed 4-21-83; Am. Ord. 1089, passed 6-10-21)

   (A)   Findings. Minnesota State Attorney General’s Office and the Cities of St. Paul, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Seattle, Washington; Houston, Texas; and Los Angeles, California, have conducted studies of the impact of adult establishments on their respective communities. Based on these studies and the study done by the City of Apple Valley Urban Affairs Committee, the Apple Valley City Council finds:

      (1)   Adult establishments can have an adverse impact on adjacent commercial uses;

      (2)   Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult establishments experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, neighborhood blight and potential health risks;

      (3)   The adverse impacts which adult establishments have on surrounding areas diminish as the distance from the adult establishments increases;

      (4)   Many members of the public perceive areas within which adult establishments are located as less safe than other areas which do not have the uses;

      (5)   Adult establishments can exert a dehumanizing influence on persons attending nearby places of worship; children attending family day care homes, state-licensed group family day-care homes and child care centers; students attending schools; and people using parks;

      (6)   The concentration of adult establishments in one area can have a substantially detrimental effect on the area in which the businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the concentration of adult establishments. The presence of the businesses is perceived by others as an indication that the area is deteriorating which can cause other businesses and residents to move out of the vicinity. Declining real estate values, which can result from the concentration of the businesses, erode the city’s tax base and contribute to a feeling that section of the city is depressed; and

      (7)   Adult establishments can increase the risk of exposure to communicable diseases. Experiences of other cities indicate that businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of the establishments but also the general public.

   (B)   Purpose. In order to minimize the detrimental effect adult establishments have on adjacent land uses, and to promote the public health, safety, and general welfare of the city, the City Council adopts the following zoning regulations, recognizing that it has a great interest in the present and future character of the city’s residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of adult establishments to locate in the city.

   (C)   Definitions. For the purpose of this section, terms shall have the meaning given them in Chapter 110.

   (D)   Adult establishments and adult accessory use - high impact. These shall be prohibited in all of the city’s use districts detailed in this code, except the following use districts, where businesses shall be a permitted use, provided the conditions in Chapter 110:

      (1)   General Business, GB and GB-1;

      (2)   Limited Business, LB and LB-1;

      (3)   Neighborhood Convenience Center, NCC;

      (4)   Retail Business, RB;

      (5)   Regional Shopping Center, SC;

      (6)   Visitor’s Business, VB;

      (7)   Planned Development, PD;

      (8)   Industrial - Limited Industrial, I-1;

      (9)   Industrial - General Industrial, I-2; and

      (10)   Business Park, BP.

   (E)   Conditions. In use districts in which adult establishments are permitted uses, the following conditions shall be met prior to an adult establishment being allowed:

      (1)   No adult establishment shall be located closer than 1,000 feet from any other adult establishment or on-sale liquor establishment, including sale of beer and wine;

      (2)   No adult establishment shall be located closer than 1,000 feet from any place of worship, schools, parks, libraries, state-licensed family day care home or nursing home, state-licensed group family day-care home or state-licensed child care center;

      (3)   No adult establishment shall be located closer than 1,000 feet from residential use district or single-family dwelling;

      (4)   Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest lot line of the parcel used by the adult establishment or, if located within a multiple tenant commercial or industrial center, from the nearest point of the actual business premises of the adult establishment business, to the nearest point of the actual business/residential premises of any use listed in divisions (1), (2) and (3) above; and

      (5)   The establishment shall comply with Chapter 110 of the code.

(‘81 Code, § A1-78) (Ord. 620, passed 9-26-96)

      (1)   To preserve the value of all properties within the city;

      (2)   To protect the character and stability of all properties within the city;

      (3)   To provide minimum standards of maintenance for property within the city and to prevent conditions that adversely affect or are likely to adversely affect the safety, health and welfare of not only persons occupying the property, but all persons who may enter or be exposed to the conditions on the property; and

      (4)   To correct or abate conditions on property that do not comply with the standards of maintenance established herein and subject persons to unsafe or unhealthy conditions on the property.

      (1)   All owners and occupants of property shall comply with the provisions set forth in this section and elsewhere in this code. This section applies to all property located within any commercial, industrial, or residential zoning district, as those terms are defined in this chapter.

      (2)   This section does not apply to the following:

         (a)   Unimproved land, which may be allowed to remain in a natural condition, but shall comply with all other provisions of this code;

         (b)   Vacant buildings, structures, and accessory structures scheduled for demolition or removal, provided they are secured in such a way that they present no public danger; and

   GARBAGE OR REFUSE. Animal or vegetable waste or other matter resulting from the handling, storage, preparation, cooking, and consumption of food, including the cans, containers, wrappers or other packaging therefrom and any combustible or non-combustible waste materials other than garbage, including but not limited to: packaging waste of household products; liquid or aerosol hazardous waste, including used or discarded auto oil and fluids, paint, stain and finish products, finish removal products, cleaning chemicals and the like; and unused appliances, furniture, paper, cartons, boxes, wood and wood by products, rubber, leather, tin cans, metals, mineral matter, glass, crockery, tires and other similar materials.

   UNSANITARY CONDITION. An unhealthy or unhealthful condition tending to harbor or spread disease or cause illness or sickness such as an infestation; accumulation of human or animal fecal matter or other waste not properly disposed of; accumulation of garbage, refuse, debris, or other items that hinder the proper ventilation for or the ability to freely access a mechanical or other system or unit (e.g., utility meter, electrical box, water heater, furnace or other appliance) within a structure or hinder the ability to freely open doors and windows for egress or access stairways; and significant accumulation of unclean food or eating dishware, utensils and cookware, etc.

         (a)   The exterior property areas shall be kept and maintained in a clean, safe, and sanitary condition;

         (b)   The property shall be graded and maintained to prevent the erosion of soil and accumulation of water thereon, or within any building located thereon, except in approved water retention areas; and

         (c)   Private sidewalks, driveways, and similar areas shall be kept in good repair and maintained free from hazardous conditions.

      (2)   Exterior of buildings, structures, and accessory structures.

         (a)   General. The exterior of any building, structure, or accessory structure shall be maintained in good repair so as not to pose a threat to the public health, safety, or welfare. All accessory building and structure exterior surfaces shall be constructed and maintained with protective covering or treatment as to protect the surfaces from the weather elements and decay. Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or other protective covering or treatment such as siding. All roofs shall be maintained and properly protected with singles, tin roofing or other products deemed acceptable under the Minnesota State Building Code to provide the building weather-resistant and water tight. For all accessory buildings constructed by conventional methods, the exterior wall surfaces and roof shall have protective covering as is otherwise required for residential homes under the Minnesota State Building Code.

      (b)   Exterior surfaces. Exterior wood surfaces shall be protected from the elements and decay by maintained paint, stain or other protective covering or treatment. Peeling, flaking and chipped paint shall be removed and the surfaces repainted or otherwise covered by other protective wood covering. Joints in siding materials and between siding and other features shall be maintained weather-resistant. Metal surfaces subject to rust or corrosion shall be stabilized and treated to inhibit future rust or corrosion. For purposes of this section, if 20% or more of a wall or other surface area, such as: fascia, soffits, rake, has the protective coating peeling, flaking, chipping, or deteriorated, then the wall or surface area shall be restored to a protected condition.

      (h)   Windows, skylights, and doors. Windows, skylights, and doors of the principal use buildings shall be kept in good repair and weather tight. Glazing materials with cracks, holes, or similar damage and missing glazing shall be replaced with approved glazing materials.

            1.   All buildings, accessory structures and any portion of any building or accessory structure, including mechanical, electrical, plumbing and other building systems, previously constructed or installed in accordance with city and state fire and building codes shall be maintained in conformance with the requirements of the code in effect at the time of the construction or installation. All mechanical, electrical, plumbing and other systems or fixtures within the building or accessory structure shall be properly installed and maintained in working order and functional condition in accordance with the state building code regulations in effect at the time the building was originally constructed. All systems and fixtures shall be kept free from obstructions, leaks, or defects and be capable of performing the function for which such fixture or system is designed and shall be maintained in a safe, sanitary and functional condition. All structural components and members of the building's interior shall be maintained in good repair and structurally sound condition capable of supporting the imposed loads. A vacant or unoccupied building or unit therein may have water, electric or natural gas services discontinued so long as:

               a.   The Minnesota State Building Code or the Minnesota State Fire Code does not require continued utility service(s) for the building or unit; or

               b.   The safety and welfare of the other units in the building are not adversely affected by the discontinued utility service.

            2.   Any vacant or unoccupied building or unit therein that has water services not discontinued during winter months as to put the safety and welfare of the other units in the building at risk of damage or injury (e.g., frozen water lines) may be deemed a public nuisance.

         (c)   Accumulation of garbage. All interior areas of the building or accessory structure on the property shall be free from any excessive accumulation of garbage or refuse. Accumulation of garbage or refuse shall be deemed to be excessive if such accumulation hinders the proper ventilation for or the ability to freely access a mechanical or other system or unit (e.g., utility meter, electrical box, water heater, furnace or other appliance) within the structure or hinders the ability to freely access stairways or to open doors and windows for egress or is of such quantity to cause or be cause for the attraction or infestation of pests and rodents on the property. All garbage and refuse shall be stored and disposed of in accordance with the regulations governing storage and disposal of garbage elsewhere in this code.

   (F)   Public nuisance declared. A violation of any provision in this section shall constitute a public nuisance. It shall be the primary responsibility of the property owner and occupant to abate any public nuisance as declared in this section which exist on the owner's or occupant's property. The abatement of any public nuisance and the cost thereof shall be governed by the general public nuisance regulations elsewhere in this code.

      (2)   Entry upon property. If the owner or occupant of the property refuses consent to an official to enter the property for purposes of enforcement of this section, the official is authorized to take any and all necessary steps to obtain a warrant or other order from the court authorizing entry.

(Ord. 694, passed 6-14-01; Am. Ord. 854, passed 2-12-09; Am. Ord. 888, passed 5-13-10; Am. Ord. 1061, passed 5-9-19)

   (A)   Purpose. An increased number of events sponsored by private individuals, groups of private individuals and organizations involving a large number of participants or attendees of the general public have been requested within the city. The sponsors of the events have requested or the nature of the events have required city services or resources which would not have been otherwise necessary in the absence of such event, including but not limited to, street closures or restrictions, traffic direction and control, city personnel resources, city resources to provide services for the operation of a special event in whole or part, and other city services to protect the general public health, safety and welfare due to the occurrence of a special event. To protect the participants, attendees, and the general public involved in or affected by the special event, as well as to preserve and protect the city's property, streets, sidewalks and trails, and resources, it is in the best interest of the city to establish a temporary outdoor event permit process, together with rules and regulations for the operation of a temporary outdoor event under the permit. Events subject to this section may include, but are not limited to: parades; athletic events such as a marathon, walk or run event, bicycle rallies or races; farmers' markets; art or craft fairs; festivals; or street dances, parties or fairs, provided the event meets the permit requirement criteria set forth in division (C) herein.

      (1)   A temporary outdoor event permit is required in connection with any of the following:

         (a)   Athletic event that is proposed to occur within city property or public rights-of-way and are timed or for which prizes are awarded to the top finishers, regardless of the number of participants, which include, but are not limited to: marathons; walk, run, skate, or ski events; and cycle rallies or races, that occur in whole or part within city streets.

         (b)   Athletic event that is proposed to occur within city property or public rights-of-way and are not timed or for which prizes are not awarded to the top finishers, but anticipate 500 or more participants in a walk/run event or 50 or more cyclists in a cycle event that occurs in whole or part within city streets.

         (c)   Event for which street or intersection closures or restrictions are required as determined by the city or as may be requested by the event sponsor, unless otherwise excluded by definition of the event in this section.

         (d)   Parade.

         (e)   Events to occur within the city that are open to the general public in which one or a combination of the following activities are to occur: more than three registered vendors, exhibition of arts, crafts or live performance, amplified music (live or recorded), amusement rides, or amusement games/activities which thereby may require the use of city services, including but not limited to: city personnel, city utilities, public safety personnel, use of city traffic controls and devices, sanitary facilities, solid waste disposal facilities, clean up and restoration of city property, that would not otherwise be necessary in the absence of such temporary outdoor event.

      (2)   A temporary outdoor event permit is not required for the following:

         (a)   Funeral procession;

         (b)   A governmental agency activity within the scope of its duties;

         (c)   Any event held wholly within the boundaries of an Apple Valley park, inside a park building or involving the use of a specific park amenity exclusively (e.g. a ball field/complex, civic center, ice arena, park pavilion) for which a park facility permit is issued; or

         (d)   Any untimed bike event that commences outside of, but travels through the City of Apple Valley, and has fewer than 50 participants within the city at any one time and does not require city services or resources, provided:

            1.   The organizer shall submit to the Zoning Administrator written certification that fewer than 50 participants will be within the city at any one time; and

            2.   All participants shall obey all traffic laws.

      (1)   The Zoning Administrator is authorized to issue temporary outdoor event permit in accordance with this section that does not otherwise require City Council approval. The Zoning Administrator shall approve, conditionally approve, or deny an application for a temporary outdoor event permit in accordance with the provisions of this section. All applications shall be reviewed by the temporary outdoor event permit committee. The temporary outdoor event permit committee shall establish and amend, as necessary, rules and regulations governing the implementation of this section and all events under a temporary outdoor event permit, subject to the adoption by the City Council.

      (2)   A temporary outdoor event permit may be issued only upon City Council approval when the outdoor event involves the one or more of the following:

         (a)   2,000 or more persons are reasonably expected or anticipated to attend the event;

         (b)   Other than a farmers market or flea market, the event plans to have more than three vendors, or three activities, or a combination of both;

         (c)   The event plans to provide live or recorded amplified music or sound;

         (d)   The event plans to terminate activities later than 10:00 p.m.;

         (e)   The event proposes to close a public street classified as a minor collector or higher classification; or

         (f)   The event intends to have a fireworks display/exhibition.

      (3)   A temporary outdoor event permit shall be denied if the temporary outdoor event committee determines that one or more of the following exists based upon the application and other pertinent information received:

         (a)   The application, along with the application fee, was filed with the city clerk after the filing deadline date as set forth in this section and there is insufficient time to process and review the application or provide the necessary city services required for the proposed event.

         (b)   Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.

         (c)   The applicant/sponsoring organization of the event has, within the preceding 24 months, violated a previously issued temporary outdoor event permit or its conditions, including the rules and regulations applicable to temporary outdoor event permits, violated any term or condition of any previous park facility permit or reservation to use the city's property, or violated any city or state law in connection with the use of city property or public rights-of-way.

         (d)   The applicant failed to complete or sign the application form by the required deadline after having been notified of the additional information or documents required, including the provision of traffic and emergency plans.

         (e)   The traffic plan or emergency plan submitted by the applicant does not meet the approval of the chief of police or Director of Public Works.

         (f)   The sole purpose of the event is to advertise or sell or attempt to sell goods, wares, or merchandise of an individual business establishment or vendor and is designed to be held solely for private profit. This provision does not apply to the sale of products, goods, wares, or merchandise as part of a farmers' market, art or craft fair, or the like or as a vendor registered for an event permitted hereunder and does not apply if the advertising is secondary to or as a sponsoring organization of the event.

         (g)   The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route or disrupt the use of a street at a time when it is usually subject to great traffic congestion.

         (h)   When the grounds for denial of an application for permit based upon divisions (a) through (g) above can be corrected by altering the date, time, duration, route, or location of the event, the Zoning Administrator may, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance based upon the revised date, time, duration, route, or location of the event in order to meet the divisions above.

         (a)   An application for a temporary outdoor use permit shall be on a form provided by the city and contain all information requested therein and shall contain such other information as the city may require. The application shall be filed along with a non-refundable permit application fee in the amount set by City Council resolution. When the temporary outdoor event permit committee finds that supplemental information is reasonably necessary in order to act on the application, the applicant shall file with the Zoning Administrator all supplemental information requested within five business days of the request.

         (b)   An application for a temporary outdoor use permit shall be filed with the Zoning Administrator no less than 60 days prior to the proposed event date. In calculating the 60 days, the date on which the application is filed and the day of the event shall not be counted. If an application is filed after the filing deadline or the filed application is not signed or fully completed, the permit application shall be denied, unless: (1) the Zoning Administrator, upon a showing of good cause by the applicant, has first determined that there is sufficient time to review and process the application and provide the necessary city services required for the proposed event; and (2) the City Council, provided sufficient time exists for placement on a regular Council meeting agenda, approves the issuance of the permit.

         (a)   A detailed site plan, to scale, depicting the following:

            1.   The entire area of the property on which the event will occur.

            2.   Location of all vendors or other event booth or tents, identifying each type of vendor booth, cart or mobile food unit.

            3.   If the event is occurring in a parking lot, the number of parking spaces being occupied by the event.

            4.   Proposed vehicular and pedestrian traffic flow within the event area and immediately adjacent to the event area and the public rights-of way.

            5.   Location of all restroom facilities for the event.

            6.   Location and type of all refuse containers to be placed.

            7.   Identification of any access points into the property from streets that are proposed to be closed.

            8.   If music or other amplified sound is proposed to occur for the event, the location of the stage and the amplified equipment (speakers).

         (b)   A list of all vendors proposed to be participating in the event, including any food, beverage, goods and wares, and description of type of service (e.g., vendor table/booth, tent, vending cart, mobile food unit). Identification of each vendor shall include the vendor's business name, contact name, type of product or service to be vended and type of vending structure or stand.

         (c)   If music or other amplified sound is proposed to occur for the event, identify the amplified sound proposed, the hours to occur and the location of all equipment.

         (a)   If the event is to occur on city property or within city right-of-way, the permit applicant and authorized officer of the sponsoring organization, if any, shall sign an indemnification agreement with the city as prepared by the city under which the applicant/permittee/sponsoring organization agrees to: (1) defend the city against and indemnify and hold the city harmless from any liability, action, cause, suit, or claim by any person resulting from any damage or injury occurring in connection with the permitted event; (2) reimburse the city for any costs incurred by it in repairing damage to city property or public rights-of-way occurring in connection with the temporary outdoor event; and (3) to reimburse the city for all expenses and costs incurred by the city for its services related to the event that are not otherwise covered or in excess of the city services/resource fee deposit paid by the applicant.

         (b)   1.   The applicant/sponsoring organization of the event shall obtain and maintain commercial general liability insurance on an occurrence basis to protect against loss from liability imposed by laws for damages on account of bodily injury or property damage arising from the event. Such insurance shall name the City of Apple Valley on the policy or by endorsement, as additional insureds. The insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000 combined single limit and a minimum $2,000,000 aggregate limit.

            2.   If food or non-alcoholic beverages are sold or provided at the event, whether by the permittee or a registered vendor, the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000.

            3.   If alcoholic beverages are sold or provided at the event, the insurance coverage shall include an endorsement for liquor liability in an amount as otherwise required in the city's regulations governing the sale and licensing of alcoholic beverages.

            4.   A copy of the policy or a certificate of insurance, clearly identifying the City of Apple Valley as an additional insured, shall be filed with the Zoning Administrator not less than 30 days before the date of the event. If a copy of the policy or the certificate of insurance is not filed with the city as required herein, the permit shall not be issued and the event shall not occur.

         (c)   Upon approval of the application for a temporary outdoor event permit, the Zoning Administrator shall provide the applicant with a statement of the estimated cost of the expenses incurred by the city in connection with providing city personnel, services and resources necessary for the event. The applicant/permittee shall be required to pay, as deposit of the city services/resources fee, the amount equal to 125% of the estimated costs as determined in the statement no later than 30 days prior to the date of the event. If the applicant/permittee fails to remit the payment of the city services/resources fee deposit as required herein, the permit shall not be issued and the event shall not occur. The city services/resources fees shall be in the amounts as set by City Council resolution.

         (d)   Upon approval of the application, and not less than 14 days prior to the event, the applicant/permittee shall notify in writing all properties abutting any public rights-of-way in which the event will occur and said notice shall advise of the event, including the date, duration of time and any street restrictions imposed as a result of the event. The applicant permittee shall also post signs, as approved by the city, at all affected street intersections.

      (1)   The permittee shall comply and conduct the event in compliance with all conditions imposed with the issuance of a temporary outdoor event permit. The permittee, or an authorized designee, shall establish in advance of the event and maintain at all times during the event means to have immediate contact with and access by city staff.

      (2)   The permittee/sponsoring organization of the event shall be responsible for the conduct of all employees, agents, or volunteers working in the event and shall take all steps necessary to ensure the employees, agents, or volunteers working in the event comply with the permit conditions set forth in this section and all conditions set forth in the permit.

      (3)   The event shall have an emergency medical first response team on site specifically assigned to the event if deemed necessary by the police chief or fire chief due to the nature of the event.

      (4)   The permittee shall comply with all city, county, state and federal laws and regulations relevant to the event, including any animal protection laws and regulations.

      (5)   No electronic sound system or audio equipment or any other device designed to produce or reproduce audio sound shall be used unless specifically approved under the permit and all use shall be in accordance with permit terms.

      (6)   No sale or furnishing of food or non-alcoholic beverages shall occur at the temporary outdoor event, unless the vendor is a registered vendor under the event permit, the vendor possesses all required licenses from the State of Minnesota and the vendor complies with the vending cart and mobile food unit regulations elsewhere in this chapter.

      (7)   No sale or furnishing of alcoholic beverages shall occur at the event unless a license is first obtained from the city. Provided the appropriate license has been issued for the sale or furnishing of alcoholic beverages at the event, the sale shall be subject to all city and state laws relative to the sale or furnishing of alcoholic beverages and shall be conducted in accordance with the licensed conditions.

      (8)   No sale of any goods, products or merchandise shall be sold at the event unless the vendor is a registered vendor under the event permit.

      (9)   No signs or banners shall be posted unless specifically approved under the permit.

      (10)   No public rights-of-way, including sidewalks, trails and paths, shall be written upon or otherwise marked with any permanent substance. A fee, the amount of which shall be duly adopted by Council resolution, will be charged to the event organizer if this provision is violated.

      (11)   All tents and temporary membrane structures in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit.

      (1)   It is unlawful for any person to sell or offer for sale any food or merchandise at an event or along the route of any parade or athletic event unless the vendor is registered under the event permit. This provision shall not apply to the parade held in connection with the Apple Valley Freedom Days.

      (2)   It is unlawful for any person to participate in an assemblage within the vehicular travel portion of any public right of way unless it is in connection with an event for which a temporary outdoor event permit or block party permit has been issued by the city and is not otherwise in violation of any traffic direction or control order of a police officer.

(Ord. 1089, passed 3-24-22)

   (A)   Unless otherwise specifically allowed elsewhere in this chapter, no vending cart or mobile food unit shall be permitted to operate for the direct sale of food or beverage therefrom to the general public at any location within the city, except when operated under the following circumstances:

      (1)   As part of a permitted outdoor commercial promotion as defined in and in accordance with the regulations thereof in this chapter;

      (2)   As part of and as a registered vendor for a community festival or permitted temporary outdoor event as defined in and in accordance with the regulations thereof in this chapter; or

      (3)   As part of a private event or gathering not open to the general public and no direct sales of food or beverage to the event guests are occurring, rather food or beverage is served or provided to guests gratuitously by the event host, such as graduation party, family reunion, company picnic or party.

   (B)   The operation of any vending cart and mobile food unit permitted under this code shall be subject to the following requirements:

      (1)   No vending cart or mobile food unit from which sales are being offered shall be parked within a public or private street unless part of a temporary outdoor event for which a permit has been issued and only if approved in writing by the Director of Public Works.

      (2)   All electrical and gas fixtures and hook-ups shall be subject to the inspection of the Fire Chief or designee and shall comply with the Minnesota State Fire Code. No vending cart or mobile food unit shall operate at an approved event if found not in compliance with the Minnesota State Fire Code and directed to cease operation by the Fire Chief or designee.

      (3)   The vending cart or mobile food unit shall have a valid license, if so required as a food or beverage service operation/establishment from the State of Minnesota Department of Health and the license shall be conspicuously posted on the cart/unit during operation within the city.

      (4)   The operator of the vending cart or mobile food unit shall properly dispose its gray water daily if the event is more than a one-day event. No gray water or other waste from the vendor's operation shall be disposed, drained or dumped into a storm drain or upon the ground.

      (5)   In addition to any signage imprinted upon the vending cart or mobile food unit, each vending cart or mobile food unit operation may have detached signage, subject to the following requirements:

         (a)   One sandwich board style sign not exceeding eight square feet;

         (b)   The sign shall be placed on the ground and within ten feet of the cart/unit;

         (c)   The sign shall not be placed within the public right-of-way, including the sidewalk/trail and boulevard area, unless allowed by a permit issued by the city; and

         (d)   The sign shall not project from the vending cart or mobile food unit or located on the roof of the mobile food unit.

      (6)   No music or other sound or message(s) shall be emitted from or by the operator of a vending cart or mobile food unit by any electronic sound system or audio equipment.

      (7)   Two refuse containers, each not less than 32 gallons, shall be provided and kept in clean and usable condition within ten feet of the cart/unit.

      (8)   The site immediately surrounding the cart/unit shall be kept in a clean, neat and orderly manner during the event and shall be cleaned and all refuse removed upon completion of the operation.

      (9)   A mobile food unit with a fire suppression system under the cooking hood shall have the system tested and tagged in accordance with applicable codes. A mobile food unit must have at least one 2A:20BC fire extinguisher in the mobile food unit. If deep frying occurs in the cart/unit operation, then the operator must have at least one Class K fire extinguisher in the mobile food unit. Each fire extinguisher must display an inspection tag dated within the past 12 months.

      (10)   Tents and temporary membrane structures used with or as the vending cart having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit.

   (C)   No mobile food unit shall be parked or stored when not in operation on any residential property, within or outside of a garage or other storage building. A mobile food unit may be parked or stored outdoors when not in operation on any property zoned as Business Park (BP), Industrial (I-1 and I-2), or a Planned Development for such uses pursuant to a conditional use permit issued by the city.

(Ord. 1089, passed 6-10-21)

   No dwelling or portion thereof shall be used or allowed to be used as a rental unit for any period less than 30 consecutive days.

(Ord. 1121, passed 6-8-23)