Subd. 1. The purpose of the standards established in this chapter are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible.

   Subd. 2. The standards are designed to prevent and eliminate those conditions that cause blight or are detrimental to the environment.

   Subd. 3. Standards shall apply to future development in all districts unless otherwise noted.

   Subd. 4. Before any building permit is approved, the Planning Administrator or designee shall determine if the proposal will conform to the performance standards. The applicant shall supply data necessary to demonstrate the conformance.

   Subd. 5. No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions that could adversely affect the surrounding areas or adjoining premises; except that any use permitted by this chapter may be constructed and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits are established pursuant to the following performance requirements.

(Ord. 699, passed 1-18-22)

   Subd. 1. R-1, Single-Family Residence District. The front yard must have a setback of 25 feet or a setback equal to the average of the front yard of the two adjacent lots. The City Planner may authorize up to a one-foot reduction from this requirement. Front yards shall not be occupied by more than 50% with impervious surfaces.

   Subd. 2. B-3, Central Business District.

      A. Building placement.

         1. The maximum front yard setback of a new building/addition shall be based on the pattern of front yard setbacks of adjacent buildings on the same blockfront, which shall be calculated as the average of the front yard setbacks of adjacent buildings on the same blockfront. A new building/addition can be located closer to the front property line than this maximum front yard setback.

         2. In any case, a new non-residential or mixed-use building/addition shall not have a front yard setback greater than ten feet, and a new residential building/addition shall not have a front yard setback greater than 20 feet (see Figure 1).

      B. Building street frontage.

         1. The minimum percentage of the street frontage for each lot that must be occupied by a building facade, as measured at the required maximum front yard setback, shall be 75%. This standard applies to the front property line frontage and, for a corner lot, one exterior side property line frontage. Recesses in a building facade do not qualify as meeting the minimum building street frontage standard (see Figure 2).

   Subd. 3. The portion of a lot's front property line that does not have a building facade located at the maximum front yard setback shall be designed and used for outdoor seating or dining, building entries, landscaping, pedestrian pathways, or parking areas screened from view by landscaping.

      A. Off-street parking location.

         1. Off-street surface parking shall not be allowed between a building and sidewalk.

         2. Parking entrances and exits shall be located on secondary streets or alleys, where possible.

         3. A parking structure shall meet all building siting, height, and facade standards.

      B. Building height standards.

         1. Building height. A new building/addition shall have a minimum building facade height of two stories.

         2. Ground story height. The ground story of a new building/addition shall have a minimum interior clear (floor to ceiling) height of 12 feet; minimum interior clear height for upper stories shall be nine feet.

      C. The ground story of a new building/addition where the new building/addition is located within 10 feet of an existing building along Main Street or 4th Avenue NE shall match the ground story clear height of such buildings or shall be the average of the two adjacent building

      D. Building facade standards.

         1. Facade horizontal articulation/divisions.

            a. Any building facades fronting on a public street, park, or plaza shall have an architectural feature at the top of the ground story and below the top story. A horizontal architectural feature is composed of a decorative horizontal element that projects out or is recessed in from the exterior facade of a building (see Figure 3).

            b. A non-residential or mixed-use building facade fronting on a public street, park, or plaza shall have a flat or low-slope roof with a parapet or cornice cap; a residential building is allowed to have a roof form that complements existing roof forms in the downtown district. All building types may include a unique architectural roof feature that is consistent with roof forms in the district (see Figure 4).

         2. Facade vertical articulation/divisions.

            a. Any ground story facade fronting on a public street, park, or plaza that exceeds 40 feet in width shall be visually divided into smaller sections through articulation of the facade. Articulation techniques may include vertical recesses or projections of the building facade, window bays, balconies, entry bays, and changes in exterior materials (see Figure 5).

            b. For upper stories, facade articulation shall occur for facades exceeding 80 feet in width on a public street, park, or plaza.

         3. Facade transparency.

            a. A ground story facade of a non-residential or mixed-use building fronting on a public street, park, or plaza shall have a minimum transparency of 60%; residential buildings shall have a minimum of 20%.

            b. Upper story facades fronting on a public street, park, or plaza shall have a minimum transparency of 20%.

            c. Side and rear facades, which are clearly visible from a public street, park, parking lot or plaza, shall have a minimum transparency of 40%, unless otherwise prohibited by the city's Building Code.

            d. Tinted or reflective glass is prohibited for windows and doors on ground story facades fronting on a public street, park, or plaza. Non-tinted, clear low-e window coatings are permitted. Glass block is prohibited on all facades, ground and upper stories, fronting on a public street, park, or plaza.

            e. Blank wall areas fronting on a public street, park, or plaza shall not exceed a rectangular area greater than 30% of a story's facade, as measured from floor to floor, and shall not exceed a horizontal distance greater than 15 feet of a story's facade (see Figure 6).

         4. Facade materials.

            a. Dominant materials, constituting a minimum 75% of a facade (excluding glass windows), fronting on a public street, park, or plaza shall consist of materials characteristic of other buildings in the district, including masonry (clay or concrete brick, natural or textured cast concrete stone). Other modern materials will be considered by the city if they provide similar visual character, color, and quality and complement the materials in the district.

            b. Prohibited materials on a facade fronting on a public street, park, or plaza are lower quality, less durable finish materials that do not complement materials characteristic of downtown buildings, including, non-textured cast concrete, cement-based stucco, synthetic stucco or EIFS (below the third story), glass block, vinyl, aluminum, and other materials resulting in similar visual character. These materials may be used on rear and side building, non-corner facing, facades.

            c. Accent materials, constituting a maximum 25% of a facade (excluding glass windows), allowed on a facade fronting on a public street, park, or plaza include dominant facade materials, as well as glass, architectural or decorative metal, architectural exposed concrete panels, decorative tile, and stucco/EIFS (above the second story). Such materials shall complement the materials of existing buildings in the district and the dominant building material.

            d. The facade materials standards above shall apply to all sides of buildings which are clearly visible from a public street, park, parking lot, or plaza.

         5. Building entries. A prominent or primary entry is required on the primary building facade on a facade fronting on a public street, park, or plaza.

      E. Parking standards.

         1. Off-street parking shall be located to the rear or side of the primary structure.

         2. Parking use standards are located in § 11.054 of this chapter.

      F. Downtown core. Along Main Street, from Oakland Avenue to the E and 1st Drive NW on the N, and to 1st Street NE and 1st Street NW and along 4th Avenue NE on the E and W is a Neighborhood of Significance and the following shall apply (see Figure 7).

         1. For all new building construction, there shall be a minimum two-story building height.

         2. Where property has frontage on Main Street, buildings shall be oriented to Main Street and the primary entrance shall be on Main Street, unless demonstrated to the reviewing authority that an alternative is in the best interest of the downtown and in keeping with the streetscape along the same block.

         3. Where property has frontage on 4th Avenue NE, buildings shall be oriented to 4th Avenue NE and the primary entrance shall be on 4th Avenue NE, unless demonstrated to the reviewing authority that an alternative is in the best interest of the downtown and in keeping with the streetscape along the same block.

         4. All new building construction shall be compatible with the neighboring structures as to the rhythm of front facade elements (pattern of doors, windows, and wall face) and relationship of facade shapes and materials. Buildings shall be located so as to continue the building setback on that block of Main Street or 4th Avenue NE.

         5. A deviation from any section of the B-3 Business District standards shall require a finding by the City Council (after considering the Planning Commission's recommendation) that the negative impact of such deviation is outweighed by one or more of the following factors:

            a. The extent to which the project advances specific policies and provisions of the city's comprehensive plan.

            b. The extent to which the deviation permits greater conformity with other standards, policies behind the standards, or with other Zoning Ordinance standards.

            c. The positive effect of the project on the area in which the project is proposed.

            d. The alleviation of an undue burden, taking into account current leasing, housing and commercial conditions.

            e. The accommodation of future possible uses contemplated by the B-3 Business District Standards, the Zoning Ordinance or the comprehensive plan.

            f. A national, state or local historic designation.

            g. The project is the remodeling of an existing building which largely otherwise conforms to the B-3 Business District standards.

   Subd. 4. R-M, Residential Manufactured Home District.

      A. Principal permitted uses. No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following, except as provided in § 11.080.

         1. Dwellings. Single-family or multiple-family manufactured dwelling units, including cluster type dwelling developments, and site built homes.

         2. Manufactured home parks. Manufactured home park or development.

         3. Subdivision. Manufactured home subdivision and/or common interest communities (CIC).

         4. Public facilities. Transportation rights-of-way, public utility lines and mains.

         5. Community structures. Municipal buildings and structures necessary for the general health, protection and welfare of the public, such as fire stations, police stations, water wells, pump stations and storage tanks, electric substation, gas regulator building and sewage lift stations.

         6. Antennas and towers. Antenna and towers shall not to exceed 25 feet.

      B. Conditional uses.

         1. Antennas and towers. Antenna and towers shall not exceed 75 feet.

      C. Accessory uses.

         1. Any accessory building and use customarily incident and temporary in nature thereto. No part of any park shall be used for non-residential purposes, except such uses as are required for the direct servicing and well-being of park residents and for the management and maintenance of the park. Nothing in this subdivision shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities.

         2. One accessory building for outside storage of equipment and refuse is permitted.

      D. Condition of soil. Ground water level, drainage and topography shall not create hazards to the property or health and safety of the occupants. The site shall not be exposed to objectionable smoke, noises, odors or other adverse influences and no portion subject to unpredictable or sudden flooding.

      E. Area. Minimum total area shall be ten acres.

      F. Required separation between manufactured homes.

         1. Manufactured homes shall be separated from each other and from other buildings and structures by at least 20 feet or the sum of the heights of both units, whichever is greater. Manufactured homes placed end-to-end must have minimum clearance of 15 feet.

         2. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak and porch which has a floor area exceeding 25 square feet, and has an opaque top or roof, shall for purposes of all separation requirements, be considered to be part of the manufactured home.

         3. Minimum lot sizes. Minimum lot sizes shall not be less than 3,500 square feet.

      G. Open space and recreation area. Not less than 8% of the gross site area shall be devoted to recreation facilities, generally provided in a central location. In developments of 50 acres or more, recreation facilities can be decentralized with at least one area of open space to be two-thirds of an acre or more. Recreation area may include space for community buildings and community use facilities, such as indoor recreation area, swimming pool, hobby and repair shops and service buildings. Where individual lot areas are above minimum standards of 3,500 square feet per lot, and plans provide for substantial recreation facilities, the site of centralized recreation areas shall be calculated on a basis of at least 100 square feet per lot, provided that no recreation area shall contain less than 5,000 square feet.

      H. Required setbacks. Buffer strips and screening:

         1. All manufactured homes shall be located at least 30 feet from any property boundary line abutting upon a public street or highway and at least 20 feet from other property boundary lines.

         2. There shall be a minimum distance of ten feet between the manufactured home stand and abutting interior public or private park street.

         3. All manufactured home parks shall provide screening such as fences, shrubs, trees along the property boundary line separating the park and other uses, and shall be maintained in a neat and orderly fashion.

      I. Average density. Notwithstanding the type of development concept used, the maximum density shall be seven manufactured homes per acre.

      J. Cluster development. Cluster development shall be permitted; in such cases the Council may vary or modify the strict application and requirements of Subd. 4.E. through I. as applied herein to more readily accommodate this development concept.

      K. Height regulations. Maximum building height shall be 35 feet.

      L. Signs. No billboard, signboard or advertising sign shall be permitted, except as provided in the sign regulations of the City Code.

      M. Design, placement and operation of manufactured home parks. The purpose of this section is to promote health, safety, order, convenience and general welfare by enforcing minimum standards for manufactured home parks, the location and use of manufactured homes and the design, construction and alteration and arrangement of homes on the lots, authorizing the inspection of manufactured home parks, the licensing of operators and fixing penalties for violations.

         1. Permits.

            a. Valid permit. It is unlawful for any person to construct, alter or extend any manufactured home park or development or structures within the park that are permanent in nature within the limits of the city, unless he or she holds a valid permit issued by the Building Inspector in the name of the park owner for the specific construction, alteration or extension proposed, where permanent means structures that are not on wheels or manufactured.

            b. Applications.

               i. All applications for permits shall contain the following:

                  A. Name and address of applicant;

                  B. Location and legal description of the manufactured home park; and

                  C. Complete engineering plans and specifications of the proposed park, including, but not limited to, the following: the area and dimensions of the tract of land; topography sketch of land; the number, location and size of all manufactured home lots; the location and width of roadways and walkways; the location of water and sewer lines and riser pipes; plans and specifications of the water supply and refuse and sewage disposal facilities; plans and specifications of all buildings constructed or to be constructed within the manufactured home park; the location and details of lighting and electrical systems; a landscaping plan approved by the city; and park ground area and recreational equipment be shown on the landscaping plan.

               ii. If intended to be a condominium type development, a copy of the declaration and bylaws required by M.S. Chapter 515, as it may be amended from time to time.

         2. Fee. All applications for a permit shall be accompanied by a fee which shall be based on total valuation of the work to be done. The fees shall be in accordance with established building permit fees required in the city.

         3. Review of applications. The Planning Commission shall review all applications for permits issued hereunder and shall hold the hearings as they may deem proper with respect thereto. The findings and recommendations of the Planning Commission shall be forwarded to the Council for appropriate action.

         4. Denial. Any person whose application for permit under this section has been denied may request and shall be granted a hearing on this matter before the Board of Adjustment and Appeals.

      N. Inspection of mobile home parks.

         1. Compliance with chapter. The Building Inspector is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter, including the power to enter at reasonable times upon any private or public property for the purposes.

         2. Registration record. The Building Inspector, the Chief of Police, or their duly authorized representatives, shall have the power to inspect the register containing a record of all residents of the manufactured home park.

         3. Access. It shall be the duty of the park management to give the Building Inspector free access to all lots at reasonable times for the purposes of inspection.

         4. Repairs. It shall be the duty of every occupant of a manufactured home park to give the owner thereof or his or her agent or employee access to any part of the manufactured home park at reasonable times for the purpose of making repairs or alterations as are necessary to effect compliance with this chapter.

      O. Environmental, open space and access requirements.

         1. Soil and ground cover requirements. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone, screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

         2. Site drainage requirements. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

         3. Use requirements.

            a. No part of any park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

            b. Nothing contained in this section shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities.

      P. Park and street system and car parking.

         1. General requirements. All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. The access shall be provided by streets, driveways or other means.

         2. Park entrances. Entrances to manufactured home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of 100 feet from its point of beginning.

         3. Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic and, in any case, shall meet the following minimum requirements:

            a. All streets except minor streets shall be a minimum of 30 feet in width from face of curb to face of curb. Streets without curb shall be considered minor streets.

            b. Minor streets 24 feet in width shall be acceptable only if less than 500 feet long and serving less than eight manufactured homes, or of any length if manufactured home lots abut on one side only.

         4. Car parking. Off-street parking areas for the use of park occupants and guests. The areas shall be furnished at a rate of at least two car spaces for each manufactured home lot, of which at least one-half of the spaces may be in compounds. All off-street parking areas shall be paved concrete or bituminous surface or crushed rock treated with oil so it is dust free.

         5. Required illumination of park street systems. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at mounting heights as will provide adequate lumination for the safe movement of pedestrians and vehicles at night.

         6. Street construction and design standards.

            a. Pavements. All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained, free of cracks, holes and other hazards.

            b. Grades. Longitudinal grades of all streets, shall range between .4% and 8%. Transverse grades (crown) of all streets shall be sufficient to insure adequate transverse drainage.

            c. Storm sewer system. If conditions warrant, an adequate storm sewer system shall be provided to dispose of all runoff water. The storm sewer system may be connected to existing city storm sewer system upon city approval.

            d. Intersections. Street intersections should generally be at right angles. Off-sets at intersections and intersections of more than two streets at one point should be avoided.

         7. Responsibility. The person to whom a state license for a manufactured home park is issued shall be responsible for the maintenance, cleaning and snow removal of all streets and common walks within the park.

      Q. Walks.

         1. General requirements. All parks shall be provided with safe, convenient all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual manufactured homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

         2. Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Common walks shall have a minimum width of four and one-half feet.

         3. Individual walks. All manufactured home stands should be connected to common walks or to streets, or to driveways or to parking spaces. The individual walks shall have a minimum width of two feet.

      R. Trees. A minimum of one tree per lot is required. In open area and park area, a minimum of 20 trees per acre is required.

      S. Skirt. All manufactured homes shall have skirts around the entire unit made of metal, plastic, fiberglass or comparable, noncombustible material approved by the Building Inspector and shall be painted to match the appropriate unit so that it will enhance the general appearance thereof.

      T. Tiedowns. All manufactured homes of a width of 14 feet or less shall be anchored and tied down in a manner equivalent to or better than the following, on or before June 1, 1977:

         1. Tiedowns shall be designed in a manner such that the manufactured home can withstand the overturning and movement forces as required by Minnesota Statutes and Rules. The anchor supplier, contractor, or installer shall certify to the Building Inspector that the installed tiedown system meets the above mentioned performance standard.

         2. The pressures exerted by frost heave will be considered in the design of tiedowns, piers and anchors.

      U. Water supply and sewage disposal. All manufactured homes shall be serviced by city water and sanitary sewer systems.

      V. Service buildings and other community service facilities.

         1. General. All service buildings, recreation buildings and other community service facilities such as management offices, repair shops, storage areas, sanitary facilities, laundry facilities, indoor recreation areas and commercial uses supplying essential goods or services for the exclusive use of park occupants shall be constructed in accordance with building codes.

         2. Manufactured home park community shelters. All manufactured home parks with a capacity of 20 or more units, except parks for travel trailers, shall provide storm shelter facilities for their residents. These shelters must meet the requirements for a Civil Defense Community Shelter. The shelter can be multi-use (social hall, laundry room, recreation area and the like), and the size of the shelter shall be determined by the following formula:

            Shelter Space (sq. ft.) = 4 sq. ft./person x 2.5 persons/unit x no. of units

         3. Barbeque pits, fireplaces, stoves and incinerators. Cooking shelters, barbeque pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisances both on the property on which used and on neighboring property, and shall comply with all appropriate provisions of the City Code, laws or other regulations.

         4. General requirements. The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards or air pollution.

      W. Miscellaneous requirements.

         1. Insect and rodent control.

            a. Grounds, buildings and structures. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of City Code provisions.

            b. Parks. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

            c. Storage areas. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one foot above ground.

            d. Screens. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable material.

            e. Brush, weeds and grass. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

         2. Fuel supply and storage. All manufactured homes shall be serviced for fuel in such a manner so there are no above ground tanks for the storage of fuel.

         3. Fire protection. Manufactured homes shall comply with the Fire Code.

         4. Electrical and telephone service. Manufactured home parks and homes shall be equipped with underground installation for electrical and telephone service.

         5. Responsibilities of the park management. The person to whom a license for a manufactured home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park and its facilities and equipment in good repair and in a clean and sanitary condition.

            a. The park management shall notify the occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.

            b. It shall be the duty of the operator of the manufactured home park to keep a register containing a record of all manufactured home owners and occupants located within a park.

            c. The park shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duty necessitates acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park.

   Subd. 5. Miscellaneous special provisions.

      A. Height regulations are not applicable for the following:

         1. Monuments, barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes; chimneys, flag poles, masts and aerials; and parapet walls extending not more than four feet above the limiting height of the building. Towers, i.e. fire, water, hose, sightseeing, transmission, cooling, radio/TV, grain elevators or other structures, where a manufacturing process requires a greater height.

         2. Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings, provided that for each three feet by which the height of the buildings exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the maximum height permitted in the district.

      B. Projections into yards.

         1. Front, rear and side yards. The following projections may be permitted into any front, rear or side yard adjoining a side street lot line, providing no hazardous obstruction to visibility results.

            a. Cornices, sills, eaves and other ornamental features to a distance of not more than three feet.

            b. Fire escapes to a distance of not more than four feet, six inches.

            c. Uncovered stairways and necessary landings to a distance of not more than six feet, provided the stair and landing shall not extend above the entrance floor of the building, except for a railing.

            d. Decks may extend into the required front yard a distance not to exceed six feet.

            e. Balconies in the R districts, to a distance of not more than three feet into yards of less than 20 feet, and to a distance of not more than six feet into yards of more than 20 feet; provided that the balconies do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

            f. Egress window wells to a distance of not more than three feet.

            g. Temporary ramps for handicapped residents may be built in required yards, but must be removed within 60 days after the handicapped ramp ceases to be required by a resident of the property.

         2. Interior side yards. Subject to the limitations for features projecting into front yards, the features may also project into required yards adjoining interior side lot lines, provided that the distance shall not be closer than two feet, or one foot with adjacent neighbor's written consent.

      C. More than one principal building on a lot.

         1. Not more than one principal building shall be located on a lot in residence R-1 or residence R-2. For any unit group of residential buildings, the lot frontage shall be not less than 100 feet. There shall be no residential building on the same lot with another building devoted to any principal use other than residential.

         2. Where there is only one principal building, the building may contain mixed occupancies provided the occupancies are for uses permitted by the appropriate district regulations.

      D. Swimming pools. A swimming pool shall include any permanent or portable pool not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than two feet. No swimming pool shall be allowed in any residential district, except as an accessory use, and it must comply with the following conditions and requirements:

         1. Exclusive private use. The pool is intended to be used solely for the enjoyment of the occupants of the principal building of the property in which it is located and their guests.

         2. Distance requirements. It may not be located in the required side yard or closer than eight feet to any property line of the property on which located, provided that pump, filter and heater installation shall be located not closer than ten feet to any property line unless stationed in an enclosure.

         3. Fencing. The swimming pool on the entire property on which it is located shall be so walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The wall or fence shall be not less than four feet in height and shall be secured with a self-closing lockable gate. Fencing is only required around the ladder or entrance to an above ground swimming pool that is at least four feet above ground around the entire perimeter of the pool and has exterior walls that are non-climbable.

         4. Existing swimming pools. Existing swimming pools and special-purpose pools which do not conform to the requirement of this subdivision shall be required to achieve compliance within 90 days of the effective date of this section.

(Ord. 699, passed 1-18-22; Am. Ord. 701, passed 2-7-22)

   Subd. 1. Statutory authorization and policy.

      A. Statutory authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in M.S. Ch. 103F, as it may be amended from time to time, Minnesota Rules, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time.

      B. Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Austin.

   Subd. 2. General provisions and definitions.

      A. Jurisdiction. The provisions of this section apply to the shorelands of the public water bodies as classified in Subd. 4.A. of this section, and to the shorelands of public water bodies greater than ten acres in unincorporated areas in which the city has, by ordinance, extended the application of its zoning regulations as provided by M.S. § 462.357 Subd 1, as it may be amended from time to time. Pursuant to Minnesota Rules, Parts 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities, or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this section.

      B. Enforcement. The City of Austin is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity listed in this section.

      C. Severability. If any subdivision, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

      D. Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

   Subd. 3. Administration.

      A. Purpose. The purpose of this section is to identify administrative provisions to ensure the section is administered consistent with its purpose.

      B. Permits.

         1. A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subd. 8.C. of this section.

         2. A certificate of compliance consistent with Minnesota Rules is required whenever a permit or variance of any type is required for any improvement on or use of the property. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.

      C. Application materials. Application for permits and other zoning applications such as variances shall be made to the Zoning Administrator on the forms provided. The application shall include the necessary information so that the Zoning Administrator can evaluate how the application complies with the provisions of this chapter.

      D. Certificate of zoning compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Subd. 3.B. of this section. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this section and shall be punishable as provided in Subd. 2.B. of this section.

      E. Variances. Variances may only be granted in accordance with Minnesota Statutes and are subject to the following:

         1. A variance may not circumvent the general purposes and intent of this section; and

         2. For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.

      F. Conditional uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure:

         1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

         2. The visibility of structures and other facilities as viewed from public waters is limited;

         3. There is adequate water supply and on-site sewage treatment; and

         4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercrafts.

      G. Mitigation.

         1. In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property owner to address the following conditions, when related to and proportional to the impact, to meet the purpose of this section, to protect adjacent properties and the public interest:

            a. Advanced storm water runoff management treatment;

            b. Reducing impervious surfaces;

            c. Increasing setbacks from the ordinary high water level;

            d. Restoration of wetlands;

            e. Limiting vegetation removal and/or riparian vegetation restoration;

            f. Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and

            g. Other conditions the zoning authority deems necessary.

         2. In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits.

      H. Nonconformities.

         1. All legally established nonconformities as of the date of this section may continue, but will be managed according to Minnesota Statutes and other regulations of this community for alterations and additions; repair after damage; discontinuance of use; and intensification of use.

         2. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Subd. 5. through Subd. 8. of this section. Any deviation from these requirements must be authorized by a variance.

      I. Notifications to the Department of Natural Resources.

         1. All amendments to this shoreland section must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules. The city will submit the proposed amendments to the Commissioner or the Commissioner's designated representative at least 30 days before any scheduled public hearings.

         2. All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

         3. All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

         4. Any request to change the shoreland management classification of public waters within City of Austin must be sent to the Commissioner or the Commissioner's designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules.

         5. Any request to reduce the boundaries of shorelands of public waters within the city must be sent to the Commissioner or the Commissioner's designated representative for approval and must include a resolution and supporting data. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries.

      J. Mandatory EAW. An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules.

   Subd. 4. Shoreland classification system and land uses.

      A. Shoreland classification system.

         1. Purpose. To ensure that shoreland development on the public waters of the city are regulated consistent with the classifications assigned by the commissioner under Minnesota Rules.

         2. The shoreland area for the waterbodies listed in Subd. 4.A.3. through Subd. 4.A.5. are defined as "Shoreland" and are shown on the official zoning map.

         3. Lakes are classified as follows:

            a. General development (GD);

 

 

            b. Recreational development (RD); and

 

 

            c. Natural environment (NE).

 

 

         4. Rivers and streams are classified as follows:

 

 

         5. All public rivers and streams shown on the Public Waters Inventory Map for Mower County, a copy of which is adopted by reference, not given a classification in Subd. 4.A.4. shall be considered "tributary."

      B. Land uses.

         1. Purpose. To identify land uses that are compatible with the protection and preservation of shoreline resources in order to conserve the economic and environmental values of shoreland and sustain water quality.

         2. Shoreland District land uses listed in Subd. 4.B.3. and Subd. 4.B.4. are regulated as:

            a. Permitted uses (P). These uses are allowed, provided all standards in this chapter are followed;

            b. Conditional uses (C). These uses are allowed through a conditional use permit. The use must be evaluated according to the criteria in Subd. 3.F. of this section and any additional conditions listed in this section; and

            c. Not permitted uses (N). These uses are prohibited.

         3. Land uses for lake classifications:

 

         4. Land uses for river and stream classifications:

 

   Subd. 5. Special land use provisions.

      A. Commercial, industrial, public, and semipublic use standards.

         1. Water-dependent uses may be located on parcels or lots with frontage on public waters provided that:

            a. The use complies with provisions of Subd. 7.;

            b. The use is designed to incorporate topographic and vegetative screening of parking areas and structures;

            c. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation, and to be the minimum size necessary to meet the need; and

            d. Uses that depend on patrons arriving by watercraft may use signs and lighting, provided that:

               i. Signs placed in or on public waters must only convey directional information or safety messages and may only be placed by a public authority or under a permit issued by the county sheriff; and

               ii. Signs placed within the shore impact zone are:

                  A. No higher than ten feet above the ground, and no greater than 32 square feet in size; and

                  B. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters; and

               iii. Other lighting may be located within the shore impact zone or over public waters if it is used to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination across public waters. This does not preclude use of navigational lights.

         2. Commercial, industrial, public, and semipublic uses that are not water-dependent must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

      B. Agriculture use standards.

         1. Buffers.

            a. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

            b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in perennial vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district or the Natural Resource Conservation Service, and as approved by the local soil and water conservation district.

      C. Forest management standards.

         1. The harvesting of timber and associated reforestation must be conducted consistent with the applicable provisions of the Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management Guidelines for Landowners, Loggers and Resource Managers.

         2. Intensive vegetation clearing for forest land conversion to another use is a conditional use subject to an erosion control and sedimentation plan developed and approved by the soil and water conservation district.

   Subd. 6. Dimensional and general performance standards.

      A. Purpose. To establish dimensional and performance standards that protect shoreland resources from impacts of development.

      B. Lot area and width standards. After the effective date of this section, all new lots must meet the minimum lot area and lot width requirements in Subd. 6. B. 5. and Subd. 6. B. 6., subject to the following standards:

         1. Only lands above the ordinary high water level can be used to meet lot area and width standards;

         2. Lot width standards must be met at both the ordinary high water level and at the building line;

         3. The sewer lot area dimensions can only be used if publicly owned sewer system service is available to the property;

         4. Residential subdivisions with dwelling unit densities exceeding those in Subd. 6. B. 5. and Subd. 6. B. 6. are allowed only if designed and approved as residential PUDs under Subd. 10. of this section; and

         5. Minimum lot area and width standards:

            a. General development lake - no sewer.

 

 

            b. General development lake - sewer.

 

 

            c. Recreational development lake - no sewer.

 

 

            d. Recreational development lake - sewer.

 

 

            e. Natural environment lake - no sewer.

 

 

            f. Natural environment lake - sewer.

 

 

         6. River/stream minimum lot width standards. There are no minimum lot area requirements for rivers and streams. The lot width standards in feet are:

 

 

      C. Special residential lot provisions.

         1. Subdivisions of duplexes, triplexes, and quads are conditional uses on natural environment lakes and must also meet the following standards:

            a. Each building must be set back at least 200 feet from the ordinary high water level;

            b. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;

            c. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

            d. No more than 25% of a lake's shoreline can be in duplex, triplex, or quad developments.

         2. Controlled access lots are permissible if created as part of a subdivision and in compliance with the following standards:

            a. The lot must meet the area and width requirements for residential lots, and be suitable for the intended uses of controlled access lots as provided in Subd. 6. C. 2. d.;

            b. If docking, mooring, or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by a percentage of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:

 

 

            c. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and

            d. Covenants or other equally effective legal instruments must be developed that:

               i. Specify which lot owners have authority to use the access lot;

               ii. Identify what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or picnicking;

               iii. Limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water;

               iv. Require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations; and

               v. Require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.

         3. Access easements. Easements providing access to boat docking and mooring facilities to non-riparian property owners are prohibited.

      D. Placement, height, and design of structures.

         1. OHWL setback for structures and sewage treatment systems. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions. The structure setback standards for sewered properties can only be used if publicly owned sewer system service is available.

 

 

            a. OHWL setbacks. Structures, impervious surfaces, and sewage treatment systems must meet setbacks from the ordinary high water level (OHWL), except that one water-oriented accessory structure or facility, designed in accordance with Subd. 7. C. of this section, may be set back a minimum distance of ten feet from the OHWL.

            b. Setback averaging. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or in a bluff impact zone (see Figure 8).

            c. Setbacks of decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria are met:

               i. The structure existed on the date the structure setbacks were established;

               ii. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

               iii. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level, or is no closer than 30 feet from the OHWL, whichever is more restrictive; and

               iv. The deck is constructed primarily of wood, and is not roofed or screened (see Figure 9).

            d. Additional structure setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification:

 

 

            e. Bluff impact zones. Structures, impervious surfaces, and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

         2. Height of structures. All structures in residential districts in cities, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.

         3. Low floor elevation.

            a. Determining elevations. Structures must be placed at an elevation consistent with the applicable floodplain regulatory elevations. Where these controls do not exist, the elevation to which the low floor, including basement, is placed or flood-proofed must be determined as follows:

               i. For lakes, by placing the low floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher (see Figure 9);

               ii. For rivers and streams, by placing the low floor at least three feet above the highest known flood elevation. If highest known flood elevation is not available, by placing the low floor at least three feet above the ordinary high water level (see Figure 10), or by conducting a technical evaluation to establish a flood protection elevation. Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 through 6120.6200.

            b. Methods for placement.

               i. In addition to the low floor, all service utilities must be elevated or water-tight to the elevation determined in Subd. 6.D.3.a.

               ii. If elevation methods involving fill would result in filling in the SIZ, then structures must instead be elevated through floodproofing methods in accordance with Subd. 6.D.3.a.iii. below;

               iii. If the structure is floodproofed, then it must be built to resist hydrostatic pressure through elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally flooded enclosed areas, or through other accepted engineering practices consistent with FEMA Technical Bulletins 1, 2 and 3 (see Figure 10).

         4. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

      E. Water supply and sewage treatment.

         1. Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

         2. Sewage treatment. Any premises used for human occupancy must be connected to a publicly-owned sewer system, where available, or comply with Minnesota Rules, Chapters 7080 through 7081.

   Subd. 7. Performance standards for public and private facilities.

      A. Placement and design of roads, driveways, and parking areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters and comply with the following standards:

         1. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts;

         2. Watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met;

         3. Private facilities must comply with the grading and filling provisions of Subd. 8.C. of this section; and

         4. For public roads, driveways and parking areas, documentation must be provided by a qualified individual that they are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

      B. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and landings must meet the following design requirements:

         1. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public recreational uses, and planned unit developments;

         2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public-space recreational uses, and planned unit developments;

         3. Canopies or roofs are not allowed on stairways, lifts, or landings;

         4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;

         5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and

         6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of Subd. 7.B.1. through Subd. 7.B.6. and the requirements of Minnesota Rules, Chapter 1341.

      C. Water-oriented accessory structures or facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions:

         1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. The structure or facility may include detached decks not exceeding eight feet above grade at any point, or at-grade patios;

         2. The structure or facility is not in the bluff impact zone;

         3. The setback of the structure or facility from the ordinary high water level must be at least ten feet;

         4. The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes;

         5. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;

         6. The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area;

         7. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities;

         8. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related equipment may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the shoreline; and

         9. Water-oriented accessory structures may have the low floor placed lower than the elevation specified in Subd. 6.D.3. if the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation, and if long-duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

   Subd. 8. Vegetation and land alterations.

      A. Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat.

      B. Vegetation management.

         1. Removal or alteration of vegetation must comply with the provisions of this subsection except for:

            a. Vegetation alteration necessary for the construction of structures and sewage treatment systems under validly issued permits for these facilities;

            b. The construction of public roads and parking areas if consistent with Subd. 7.A. of this section;

            c. Forest management uses consistent with Subd. 5.C. of this section; and

            d. Agricultural uses consistent with Subd. 5.B. of this section.

         2. Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited. Intensive clearing outside of these areas is allowed if consistent with the forest management standards in Subd. 5.C. of this section.

         3. Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

            a. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

            b. Existing shading of water surfaces along rivers is preserved;

            c. Cutting debris or slash shall be scattered and not mounded on the ground; and

            d. Perennial ground cover is retained.

            e. Picnic areas, access paths, livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones.

         4. Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit.

         5. Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both.

      C. Grading and filling.

         1. Grading and filling activities must comply with the provisions of this subsection except for the construction of public roads and parking areas if consistent with Subd. 7.A. of this section.

         2. Permit requirements.

            a. Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways, if part of an approved permit, do not require a separate grading and filling permit. However, the standards in Subd. 8.C.3. of this section must be incorporated into the permit.

            b. For all other work, including driveways not part of another permit, a grading and filling permit is required for:

               i. The movement of more than ten cubic yards (approximately 5,000 sq. ft.) of material on steep slopes or within shore or bluff impact zones; and

               ii. The movement of more than 50 cubic yards (approximately 5,000 sq. ft.) of material outside of steep slopes and shore and bluff impact zones.

         3. Grading, filling and excavation activities must meet the following standards:

            a. Grading or filling of any wetland must meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local, state, or federal agencies such as watershed districts, the DNR or US Army Corps of Engineers;

            b. Land alterations must be designed and implemented to minimize the amount of erosion and sediment from entering surface waters during and after construction consistently by:

               i. Limiting the amount and time of bare ground exposure;

               ii. Using temporary ground covers such as mulches or similar materials;

               iii. Establishing permanent, deep-rooted and dense vegetation cover as soon as possible;

               iv. Using sediment traps, vegetated buffer strips or other appropriate techniques;

               v. Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district;

               vi. Not placing fill or excavated material in a manner that creates unstable slopes. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater;

               vii. Fill or excavated material must not be placed in bluff impact zones;

               viii. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. Ch. 103G, as it may be amended from time to time;

               ix. Alterations of topography are only allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

               x. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if:

                  A. The finished slope does not exceed three feet horizontal to one foot vertical;

                  B. The landward extent of the riprap is within ten feet of the ordinary high water level; and

                  C. The height of the riprap above the ordinary high water level does not exceed three feet (see Figure 11).

         4. Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit and must comply with Minnesota Rules, Chapter 6115.

      D. Stormwater management.

         1. General standards.

            a. When possible, existing natural drainageways and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

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

            c. When development density, topography, soils, and vegetation are not sufficient to adequately handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

         2. Specific standards:

            a. Impervious surfaces of lots must not exceed 25% of the lot area.

            b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district or the Minnesota Stormwater Manual, as applicable.

            c. New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, part 6115.0231.

   Subd. 9. Subdivision/platting provisions.

      A. Purpose. To ensure that new development minimizes impacts to shoreland resources and is safe and functional.

      B. Land suitability. Each lot created through subdivision, including planned unit developments authorized under Subd. 10. of this section, must be suitable in its natural state for the proposed use with minimal alteration. A suitability analysis must be conducted for each proposed subdivision, including planned unit developments, to determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration, and whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

      C. Consistency with other controls. Subdivisions and each lot in a subdivision shall meet all official controls so that a variance is not needed later to use the lots for their intended purpose.

      D. Water and sewer design standards.

         1. A potable water supply and a sewage treatment system consistent with Minnesota Rules, Chapters 7080 through 7081 must be provided for every lot.

         2. Each lot must include at least two soil treatment and dispersal areas that support systems described in Minnesota Rules, parts 7080.2200 through 7080.223 or site conditions described in part 7081.0270, subparts 3 through 7, as applicable.

         3. Lots that would require use of holding tanks are prohibited.

      E. Information requirements.

         1. Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more current sources, showing limiting site characteristics;

         2. The surface water features required in M.S. § 505.021, Subd. 1, as it may be amended from time to time, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more current sources;

         3. Adequate soils information to determine suitability for building and sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

         4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;

         5. Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and

         6. A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

      F. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

      G. Platting. All subdivisions that cumulatively create five or more lots or parcels that are two and one-half acres or less in size shall be processed as a plat in accordance with M.S. 462.358 Subd. 3a (cities) and M.S. Ch. 505, as they may be amended from time to time. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after the adoption of this ordinance unless the lot was previously approved as part of a formal subdivision.

      H. Controlled access lots. Controlled access lots within a subdivision must meet or exceed the lot size criteria in Subd. 6.C.3. of this section.

   Subd. 10. Planned unit developments (PUDs).

      A. Purpose. To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential and commercial uses.

      B.   Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of Subd. 6.B. of this section is allowed if the standards in this section are met.

      C. Processing of PUDs. Planned unit developments in the Shoreland District must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined elsewhere in the zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied. An expansion to an existing commercial PUD involving six or less new dwelling units or sites since the date this section was adopted is permissible as a permitted use, provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Subd. 10.E. Approval cannot occur until all applicable environmental reviews are complete.

      D. Application for a PUD. The applicant for a PUD must submit the following documents prior to final action on the application request:

         1. Site plan and/or plat showing:

            a. Locations of property boundaries;

            b. Surface water features;

            c. Existing and proposed structures and other facilities;

            d. Land alterations;

            e. Sewage treatment and water supply systems (where public systems will not be provided);

            f. Topographic contours at ten-foot intervals or less; and

            g. Identification of buildings and portions of the project that are residential, commercial, or a combination of the two (if project combines commercial and residential elements).

         2. A property owners' association agreement (for residential PUDs) with mandatory membership and consistent with Subd. 10.F. of this section.

         3. Deed restrictions, covenants, permanent easements or other instruments that:

            a. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

            b. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Subd. 10.F. of this section.

         4. A master plan/site plan describing the project and showing floor plans for all commercial structures.

         5. Additional documents necessary to explain how the PUD will be designed and will function.

      E. Density determination. Proposed new, or expansions to existing, planned unit developments must be evaluated using the following procedures.

         1. Step 1. Identify density analysis tiers. Divide the project parcel into tiers by drawing one or more lines parallel to the ordinary high water level at the following intervals, proceeding landward:

 

 

         2. Step 2. Calculate suitable area for development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters.

         3. Step 3. Determine base density.

            a. For residential PUDs, divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable number of dwelling units, or base density, for each tier. For rivers, if a minimum lot area is not specified, divide the tier width by the minimum single residential lot width.

            b. For commercial PUDs:

               i. Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation.

                  A. For dwelling units, determine the average inside living floor area of dwelling units in each tier. Do not include decks, patios, garages, or porches and basements, unless they are habitable space.

                  B. For dwelling sites (campgrounds), determine the area of each dwelling site as follows:

                     (i)   For manufactured homes, use the area of the manufactured home, if known, otherwise use 1,000 square feet.

                     (ii)   For recreational vehicles, campers or tents, use 400 square feet.

               ii. Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area determined in Subd. 10.E.3.b.i.

 

               iii. Multiply the suitable area within each tier determined in Subd. 10.E.3.b.i. by the floor area or dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites.

               iv. Divide the total floor area or dwelling site area for each tier calculated in Subd. 10.E.3.b.i. by the average inside living floor area for dwelling units or dwelling site area determined in Subd. 10.E.3.b.iii. This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier.

            c. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody.

            d. All PUDs with densities at or below the base density must meet the design standards in Subd. 10.F.

         4. Step 4. Determine if the site can accommodate increased density.

            a. The following increases to the dwelling unit or dwelling site base densities determined in Subd. 10.E.3. are allowed if the design criteria in Subd. 10.F. of this section are satisfied as well as the standards in Subd. 10.E.4.b.:

 

 

            b. Structure setbacks from the ordinary high water level:

               i. Are increased to at least 50% greater than the minimum setback; or

               ii. The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25% greater than the minimum setback.

      F. Design Criteria. All PUDs must meet the following design criteria.

         1. General design standards.

            a. All residential planned unit developments must contain at least five dwelling units or sites.

            b. On-site water supply and sewage treatment systems must be centralized and meet the standards in Subd. 6.E. of this section. Sewage treatment systems must meet the setback standards of Subd. 6.D.1.a. of this section.

            c. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development.

            d. Dwelling units or dwelling sites must be designed and located to meet the dimensional standards in Subd. 6.D.1., Subd. 6.D.2., and Subd. 6.D.3.

            e. Shore recreation facilities:

               i. Must be centralized and located in areas suitable for them based on a suitability analysis.

               ii. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor).

               iii. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.

            f. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

            g. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized.

            h. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subd. 7.C. of this section and are centralized.

         2. Open space requirements.

            a. Open space must constitute at least 50% of the total project area and must include:

               i. Areas with physical characteristics unsuitable for development in their natural state;

               ii. Areas containing significant historic sites or unplatted cemeteries;

               iii. Portions of the shore impact zone preserved in its natural or existing state as follows:

                  A. For existing residential PUDs, at least 50% of the shore impact zone.

                  B. For new residential PUDs, at least 70% of the shore impact zone.

                  C. For all commercial PUDs, at least 50% of the shore impact zone.

            b. Open space may include:

               i. Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

               ii. Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; and

               iii. Non-public water wetlands.

            c. Open space shall not include:

               i. Dwelling sites or lots, unless owned in common by an owners' association;

               ii. Dwelling units or structures, except water-oriented accessory structures or facilities;

               iii. Road rights-of-way or land covered by road surfaces and parking areas;

               iv. Land below the OHWL of public waters; and

               v. Commercial facilities or uses.

         3. Open space maintenance and administration requirements.

            a. Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved and maintained by use of deed restrictions, covenants, permanent easements, public dedication, or other equally effective and permanent means the instruments must prohibit:

               i. Commercial uses (for residential PUDs);

               ii. Vegetation and topographic alterations other than routine maintenance;

               iii. Construction of additional buildings or storage of vehicles and other materials; and

               iv. Uncontrolled beaching of watercraft.

            b. Development organization and functioning. Unless an equally effective alternative community framework is established, all residential planned unit developments must use an owners' association with the following features:

               i. Membership must be mandatory for each dwelling unit or dwelling site owner and any successive owner;

               ii. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or dwelling sites;

               iii. Assessments must be adjustable to accommodate changing conditions; and

               iv. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

         4. Erosion control and stormwater management.

            a. Erosion control plans must be developed and must be consistent with the provisions of Subd. 8.C. of this section. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.

            b. Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff. For commercial PUDs, impervious surfaces within any tier must not exceed 25% of the tier area, except that 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Subs. 8. of this section.

      G. Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential PUDs if all of the following standards are met:

         1. Proposed conversions must be evaluated using the same procedures for residential PUDs involving new construction. Inconsistencies between existing features of the development and these standards must be identified;

         2. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit;

         3. Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:

            a. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;

            b. Remedial measures to correct erosion, improve vegetative cover and improve screening of buildings and other facilities as viewed from the water; and

            c. Conditions attached to existing dwelling units located in shore or bluff impact zones that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

         4. Existing dwelling unit or dwelling site densities that exceed standards in Subd. 10.E. of this section may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

(Ord. 699, passed 1-18-22)

   Subd. 1. Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. The hazards shall be kept removed from adjacent activities from a distance that is compatible with the potential danger involved and shall be reviewed and approved by the Fire Chief.

   Subd. 2. Vibration. No vibration shall be permitted that is discernible without instruments on any adjoining lot or property. The standard shall not apply to vibrations created during the process of construction.

   Subd. 3. Air pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling. For the purpose of this chapter, the regulations and standards adopted by the state's Pollution Control Agency shall apply.

   Subd. 4. Refuse. All waste material, debris, refuse or garbage shall be kept in an enclosed building or property contained in a closed container designed for such purposes. The owner of vacant land shall be responsible of keeping the land free of refuse.

   Subd. 5. Dwelling units and structures. All structures intended for the purpose of serving as a dwelling (with the exception of those categorized as a manufactured home under M.S. § 327.31, as it may be amended from time to time) shall meet the following standards.

      A. All residential dwellings shall be a minimum of 16 feet wide (measured at its maximum width).

      B. All dwellings shall be placed on a permanent foundation which complies with all standards and specifications of the Minnesota Building Code. The foundation shall be solid extending the entire length and width of the dwelling.

      C. New porches and decks shall be required to meet all setbacks. Pre-existing porches and decks may be re-constructed as long as they are not enlarged or expanded. Stoops and patios are not required to meet structural setbacks. No porch, deck, stoop or patio shall be placed on any recorded easements.

      D. All residential structures shall be required to have sewer and water which meets State Health Code standards and this code of ordinances.

   Subd. 6. Non-residential uses. Where a use other than residential abuts land zoned R-1, which is developed with a one- or two-family dwelling, the non-residential use shall be screened from the R-1 land to minimize light, sound, and visual trespass of the use. Elements to be screened include, but are not limited to, vehicle headlights, overhead lights, wall mounted lights, light from signs, and outdoor activity. Screening may include a mix of landscaping and fencing to include year-round screening.

   Subd. 7. Fences. See City Code Chapter 4. All properties within the I-1 Limited Industrial District, I-2 Industrial District, and I-3 Business/Industrial Park District as shall meet the following standards.

      A. All materials, supplies, merchandise or other similar material not on display for use, direct sale, rental or lease to the ultimate consumer shall be enclosed in the confines of an opaque wall or fence not less than six feet in height in the side or rear yards.

      B. Outdoor storage of material shall be screened with suitable materials to maintain 100% opacity when viewed from adjacent property lines or from a public street or alley.

   Subd. 8. Temporary structures. All temporary structures as shall meet the following standards.

      A. No temporary structure shall be placed within the required front yard (setback) of any zoning district.

      B. Temporary structures must meet all setback requirements for the zoning district in which they are located.

   Subd. 9. Lighting.

      A. Lighting level should be the low possible for the purpose intended.

      B. All lighting installations shall be designed and installed with illumination to be at a cut off of 90 degrees or less, except as in exceptions in Subd. 9.F. below.

      C. Maximum lamp wattage for commercial lighting shall be 250 watts.

      D. Maximum lamp wattage for residential lighting shall be 100 watts incandescent, 26 watts compact fluorescent.

      E. Light trespass shall be controlled with the proper choice of luminaires and optics.

      F. The following are excepted from the above lighting standards:

         1. Lighting in swimming pools and other water features governed by Art. 680 of the National Electrical Code;

         2. Exit signs and other illumination required by Building Codes;

         3. Lighting for stairs and ramps, as required by the Building Code;

         4. Signs are regulated by Ch. 4 of this code of ordinances, but all signs are recommended to be fully shielded;

         5. Holiday and temporary lighting;

         6. Athletic field lighting is allowed when steps have been taken to minimize glare and light trespass and utilize sensible curfews; and

         7. Low-voltage landscape lighting, but such lighting be shielded in such a way as to eliminate glare and light trespass.

(Ord. 699, passed 1-18-22)

   When the following standards are met, excavation and filling operations are allowed in all areas of the city with an approved grading plan issuance of a zoning permit unless the property is covered by shoreland, wetland or bluff overlay zones or similar environmental standards or regulations as specified in any city, state or federal regulations that require additional permits or approvals.

   Subd. 1. Grading plans shall provide information indicating the following:

      A. The surface shall be prepared to receive fill by removing vegetation, debris, topsoil and other unsuitable material and scarifying (creating irregularities in the surface of existing soil) to provide a bond between the existing soils and the fill material;

      B. All fill shall be compacted to 90% of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches in depth and shall be allowed to sit idle over a winter season. If the proposed fill will be supporting structural improvements (buildings, structures, pavements and the like), greater compaction may be necessary, and a geotechnical engineer's recommendation may be required;

      C. No rock or similar irreducible material greater than four inches in any dimension shall be included in the fill;

      D. The slope created by the fill shall be no steeper than is safe for the intended use and shall not be steeper than 4H to 1V (25% slope) or shall be justified by soils reports or engineering data;

      E. Slopes steeper than 4H to 1V are permitted only if approved by the City Engineer;

      F. Where existing grade is at a slope steeper that 5H to 1V (20% slope) and the depth of the fill exceeds five feet, benching shall be provided. A key shall be provided which is at least ten feet wide and two feet deep;

      G. During excavation or filling operation the site shall be managed so that it shall not present a danger from caving in or sliding banks. The site may require fencing and erosion prevention measures which will be determined and required at the discretion of the city;

      H. The site shall be properly drained with any drainage properly managed during the fill process to best management practices. No cross property sheet drainage shall be permitted;

      I. Erosion of the ground in the area of discharge during filling shall be prevented by installation of non-erosive down drains or other devices. Grading shall not create drainage patterns or routes that will adversely affect down gradient properties;

      J. At the completion of a landfill or excavation/grading operation, the premises shall be graded, leveled and all exposed soils shall be fully restored with vegetation, mulch and/or a permanent non-erodible surface;

      K. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility;

      L. The site shall be left so that storm water drainage runoff and storm water passage or flowage cannot become a source of, or an aggravation to, storm water drainage conditions in the area; and

      M. The final elevation shall be determined and specified on the zoning permit. Final elevation required by the city shall be based on:

         1. Existing elevation of adjacent streets and lots; and

         2. Elevation required for proposed structures to meet floodplain requirements (679 feet) or hook up to city sewer.

   Subd. 2. The filling operations shall not consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, organic or tree waste, decayed material, filth, sewage or similar septic or biologically dangerous material deemed to be unsuitable by the city.

   Subd. 3. The filling operations shall only be allowed to occur between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday.

   Subd. 4. For projects with a land disturbance area of one acre or more, the state's Pollution Control Agency general permit authorization to discharge storm water associated with construction activity under the national pollutant discharge elimination permit is required (or as amended by MPCA). This permit requires the development of a storm water pollution prevention plan (SWPPP).

(Ord. 699, passed 1-18-22)

   In all districts where setbacks are required and all developed uses shall provide a landscaped yard, which may include among other items grass, decorative stones or shrubs and trees, along all streets. In all districts, all structures and areas requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Ord. 699, passed 1-18-22)

   The Council finds it is in the best interest of the city to protect, preserve and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following:

   Subd. 1. Protection and preservation of the environment and natural beauty of the city;

   Subd. 2. Assurance of orderly development within wooded areas to minimize tree and habitat loss;

   Subd. 3. Evaluation of the impacts to trees and wooded areas resulting from development;

   Subd. 4. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal;

   Subd. 5. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clear cutting during development; and

   Subd. 6. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community.

   Subd. 7. Tree preservation plan.

      A. Scope of application. The tree preservation plan shall be submitted to and approved by the city and implemented in accordance therewith in connection with any of the following:

         1. New development in any zoning district;

         2. New building construction in any zoning district; and

         3. Expansion of any existing commercial, industrial, or institutional building or impervious surface by 10% or greater square feet, where an approved tree preservation plan is not on file with the city.

      B. Plan requirements. All applicants shall submit a tree preservation plan prepared in accordance with the provisions of this subdivision. The tree preservation plan shall include the following information:

         1. The name(s), telephone number(s) and address(es) of applicants, property owners, developers and/or builders;

         2. Delineation of the buildings, structures or impervious surfaces situated thereon or contemplated to be built thereon;

         3. Delineation of all areas to be graded and limits of land disturbance;

         4. Size, species and location of all existing significant trees, specimen trees and significant woodlands located within the area to be platted or within the parcel of record (these significant trees, specimen trees and significant woodlands should be identified in both graphic and tabular form);

         5. Identification of all significant trees, specimen trees and significant woodlands proposed to be removed within the construction area (these significant trees, specimen trees and significant woodlands should be identified in both graphic and tabular form);

         6. Measures to protect significant trees, specimen trees and significant woodlands;

         7. Size, species and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule;

         8. Signature of the person(s) preparing the plan; and

         9. Location of utility services and easements.

      C. Mitigation.

         1. In any development that the tree/woodland allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation of (tree replacement) appropriate areas within the development area in accordance with the tree replacement schedule, or payment to the city of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the tree replacement schedule. The fee per diameter inch shall be set forth in the city fee schedule and the payment thereon shall be deposited into an account designated specifically for tree mitigation.

         2. The form of mitigation to be provided by the applicant shall be determined by the city.

         3. The planting of trees for mitigation shall be in addition to any other landscape requirements of the city.

         4. Significant tree replacement will be calculated by replacing the largest diameter tree first, proceeding down to the smallest diameter significant tree.

      D. Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized to protect significant trees, specimen trees and significant woodlands:

         1. Installation of snow fencing or polyethylene laminate safety netting or silt fencing placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees and significant woodlands to be preserved. No grade change, construction activity or storage of materials shall occur within this fenced area.

         2. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate non-toxic tree wound sealant.

         3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

      E. Additional protective measures. The following tree protection measures are suggested to protect significant trees, specimen trees and significant woodlands that are intended to be preserved according to the submitted tree preservation plan and may be required by the city:

         1. Installation of retaining walls or tree wells to preserve trees.

         2. Placement of utilities in common trenches outside of the drip line of significant trees or use of tunneled installation.

         3. Use of tree root aeration, fertilization and/or irrigation systems.

         4. Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area.

         5. Therapeutic pruning.

      F. Review process. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve significant trees, specimen trees and significant woodlands and to enhance the efforts to minimize damage to specimen trees, significant trees and significant woodlands. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees, specimen trees and significant woodlands are destroyed or damaged.

      G. Performance guarantee.

         1. Any applicant of a new development shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the tree preservation fulfillments, shall be calculated as follows:

            a. Unless the applicant provides tree mitigation in the form of cash dedication, 100% of the cost of completing tree replacement mitigation as determined by the city.

            b. An amount to guarantee preservation of all trees identified by the approved tree preservation plan to be preserved within 15 feet of the construction zone (measured from the construction limit to the nearest side of the tree). The amount shall be calculated by multiplying the total diameter inches of significant trees and specimen trees to be preserved within this 15-foot zone by the rate of payment of $25 per diameter inch and the total square feet of significant woodlands to be preserved within the 15-foot zone by the rate of $1.20 per square foot.

         2. No performance guarantee shall be required for applicants of building permits of single- family residential units.

         3. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the city that the tree preservation plan was followed and that the tree replacement schedule was complied with, where necessary, but in no event shall the performance guarantee be released earlier than one year after the date of the project closure.

      H. Removal of diseased trees required. Prior to any grading, all diseased, hazard and nuisance trees on the subject property shall be identified by the Park Department in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased and nuisance trees so identified shall be removed from the property, at the time of grading, if so directed.

      I. Compliance with plan.

         1. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated or until a request is made to and approved by the city.

         2. No significant trees, specimen trees or significant woodlands shall be removed until a tree preservation plan is approved and except in accordance with the approve tree preservation plan as approved by the city. If a significant tree(s), specimen tree(s) or any significant woodland(s) that is intended to be preserved is removed without permission of the City Park Department or damaged so that it is in a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree or per total square foot of significant woodlands, in the amount set forth in the city fee schedule, shall be remitted to the city.

         3. The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met.

   Subd. 8. Allowable tree removal.

      A. Tree removal allowance. Specimen tree, significant tree and significant woodland removal shall be in accordance with the city-approved tree preservation plan and in no case shall the amount of removal exceed the following percentages:

         1. Single-lot development.

            a. Single-unit residential: 20%.

            b. Commercial and multi-unit residential: 30%.

         2. Multi-lot development.

            a. Single-phase development process:

               i. Single-unit residential: 40%.

               ii. Commercial and multi-unit residential: 47.5%.

            b. Two-phase development:

               i. Initial site development: 25%.

            c. Individual lot development:

               i. Single-unit residential: 20%.

               ii. Commercial or multi-unit residential: 30%.

      B. Exception.

         1. When practical difficulties or practical hardships result from strict compliance with the provisions of this subdivision, the city may permit significant tree, specimen tree and significant woodland removal in excess of the allowable limits. In the event the exception is granted, a reforestation plan or a cash mitigation will be implemented.

         2. The city shall determine which form of mitigation shall be utilized.

      C. Tree replacement schedule.

 

      D. Size of replacement trees.

         1. Category A trees shall be no less than the following sizes:

            a. Deciduous trees: not less than four inches in diameter.

            b. Coniferous trees: not less than 12 feet in height.

         2. Category B trees shall be no less than the following sizes:

            a. Deciduous trees: not less than two and one-half inches in diameter.

            b. Coniferous trees: not less than six feet in height.

         3. Category C trees shall be no less than the following sizes:

            a. Deciduous trees: not less than one and one-half inches in diameter.

            b. Coniferous trees: not less than four feet in height.

      E. Species requirement. Where ten or more replacement trees are required, not more than 50% of the replacement trees shall be of same species of tree without the approval of the city.

      F. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within one year after the date of project closure, shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal.

(Ord. 699, passed 1-18-22)

   All development shall provide for a connecting segment of road, sidewalk and/or trail on the development property to the adjacent property line where such transportation routes have been identified within any plan or policy adopted by the city.

(Ord. 699, passed 1-18-22)

   Subd. 1. Major traffic generators. Any applicant or proposer of a development project (construction projects of buildings, structures, streets or other infrastructure) which meets the definition of major traffic generator shall provide a traffic impact study (TIS) that includes information necessary to allow the city to assess:

      A. The transportation implications of traffic associated with a proposed development;

      B. The existing and future capacity and condition of the affected street system; and

      C. The growth of the transportation system may occur in a manner that is comprehensive in nature and supportive of the public good.

   Subd. 2. Traffic impact studies.

      A. A TIS prepared consistent with the provisions of this chapter will be required. All roads and intersections serving a proposed use must be determined to be capable of handling the future projected traffic generated by the use. No application for a development identified as requiring a TIS will be deemed complete unless it is accompanied by a TIS. All projects requiring a TIS will require a conditional use permit no matter the zoning district in which the project is located.

      B. A traffic impact study shall identify:

         1. What improvements, if any, are needed to:

            a. Ensure safe ingress to and egress from a site;

            b. Maintain adequate street capacity and appropriate level of service on public streets serving the development;

            c. Ensure safe and reasonable traffic operating conditions on streets and at intersections along the proposed route; avoid creation of or mitigate existing hazardous traffic conditions;

            d. Minimize the impact of non-residential traffic on residential uses along the route; and

            e. Safeguard the public investment in the existing street system.

         2. The road system investments to the city, county and state road systems necessary to serve anticipated development.

      C. Traffic impact studies shall include the following information:

         1. An analysis of current and future traffic operations and intersection improvement needs at all site access points in the affected transportation routes. This operational evaluation shall include on-site circulation as it may affect access, on-site and off-site turn lanes and required vehicle storage, the potential need for signalization or other traffic control, and review of sight distance, vehicle turning movements and other intersection safety aspects. The proposed access plan should be consistent with the standards of the city's transportation plan (contained in the adopted comprehensive plan or as amended) and with county or state requirements for access management;

         2. An analysis of the impact of site-generated traffic on the level of service of affected intersections and public streets along the proposed route. Affected road segments or intersections are where the additional traffic volume created by the proposed development is greater than 10% of the current traffic volume (for road segments) or the current entering volume (for intersections). Examples of possible effects include, but are not limited to, pedestrian and bicyclist safety hazards, traffic noise or turning movement's conflicts with other driveways or intersecting roads;

         3. For developments expected to generate more than 60 heavy vehicle trips per day, an analysis of the intersections and road segments these trucks would use to enter and exit the city limits is required. Issues of concern include structural capacity, impacts of slow moving vehicles on roadway safety and the need for intersection operation improvements to accommodate truck traffic;

         4. An analysis of the impact of the proposed development on residential uses (where the abutting land use is predominately residential) along the proposed route to identify any potential adverse effects of the proposed development and mitigation measures to address any impacts. Examples of possible effects include, but are not limited to: non-residential traffic impacts on residential neighborhoods; pedestrian and bicyclist safety hazards; traffic noise; or turning movement conflicts with other driveways or intersecting roads;

         5. A detailed list of the transportation infrastructure improvements needed to mitigate the impact of the development and estimated costs of these improvements; and

         6. An explanation of how improvements that are identified to mitigate the traffic impact of the development meet commonly accepted engineering design standards and access management criteria.

      D. The TIS shall be led by a traffic or transportation engineer, or other qualified professional with experience in the preparation of the analysis. The city shall have the final approval of the selection of the professional or shall employ other professionals (such as the City Engineer) to review the TIS on the city's behalf. The applicant shall be responsible for the costs of preparation of the TIS and of the City Engineer's review.

      E. The standards for traffic service that shall be used to evaluate the findings of traffic impact studies are:

         1. Level of service.

            a. The level of service standard for all highway corridor operations (including freeway mainline, merging areas and ramp junctions, and arterial and collector intersections or corridors) should meet the level of service standards listed in the table below. Level of service should be calculated using the Transportation Research Board's Highway Capacity Manual. Where the existing level of service is below these standards, a TIS shall identify those improvements needed to maintain the existing level of service and what additional improvements would be needed to raise the level of service to the standards indicated; and

            b. The Highway Capacity Manual estimates the quality of traffic flow in letter grades, referred to as levels of service. A and B represent uncongested conditions, C and D are approaching congestion and E and F are very congested.

 

         2. Number of access points. The number of access points shall be the minimum needed to provide adequate access capacity for the site. The spacing of access points shall be consistent with the road authority's access management requirements. If the road authority has not adopted access management requirements, then there shall be spacing of 300 feet between access points, or the maximum available distance if there is less than 300 feet between an access point and the nearest adjoining intersection or driveway on an adjacent parcel;

         3. Residential street impact. Without mitigative measures, non-residential development shall contribute no more than 20% of the traffic on any local street for which residentially zoned property makes up more than 50% of the street frontage;

         4. Vehicle storage. The capacity of storage bays and auxiliary lanes for turning traffic shall be adequate to ensure turning traffic will not interfere with through traffic flows on any public street;

         5. Internal circulation. On-site vehicle circulation and parking patterns shall be designed so as not to interfere with the flow of traffic on any public street and shall accommodate all anticipated types of site traffic; and

         6. Safety. Access points shall be located and designed to provide for adequate intersection and stopping sight distance and appropriate facilities to accommodate acceleration and deceleration of site traffic. The geometric design of access points shall meet the standards of the access management requirements of the road authority connecting to the proposed development site.

      F. The city shall require either the applicant or the owner or user of the property on which the project is proposed to post a security in such form and sum as determined by the City Engineer. The amount of the security shall be sufficient to cover the city's extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel for the proposed project. The amount of the security shall also be sufficient to ensure compliance with all requirements of this chapter, and the particular permit, and to pay the expense the city may incur as a result of the permit.

      G. Waivers.

         1. The requirement for a transportation impact study may be waived by the city after consulting with road authority representatives with roads comprising any designated haul routes (the county's Highway Engineer for affected county roads in the county, the City Engineer for any affected city roads, the District Engineer of MnDOT for federal highways, or the County Engineer for county roads) if it is determined that:

            a. A transportation impact study is not necessary to determine needed road improvements on roadway access points or portions of haul routes under their jurisdiction, and that for roadways and the intersections along haul routes under their jurisdiction, no unsafe or hazardous conditions will be created by the development as proposed;

            b. The applicant has provided performance bonds or other guarantees providing adequate assurance that anticipated damage to roads can be mitigated and/or that unsafe conditions can be mitigated or avoided; and

            c. The use is seasonal or short-term, less than three months in total, with peak daily trip generation that exceeds the major traffic generators thresholds, but whose annual average trip generation does not pose a risk to the road infrastructure or traffic safety of the facility and adjacent road network based on evaluation of the cumulative pavement impact expected and geometric design of the roadway.

         2. This waiver shall not preempt the authority of the state's Department of Transportation to require a traffic study on any state or federal highway, nor the authority of any affected jurisdiction to require a traffic study under an applicable ordinance. A waiver will not be granted to haul any product that is deemed hazardous or a potential threat to the health of the public.

         3. Applications for major traffic generator waiver shall be made to the Zoning Administrator or designee on forms provided by his or her office. Only one waiver will be granted per 12-month period per site. Completed applications shall be forwarded to the City Engineer for review and then to the Street Commission for consideration at an upcoming meeting. The application must include:

            a. A detailed description and map of the proposed haul route;

            b. Number of daily and total trips requested;

            c. Haul days and hours; and

            d. Any other data that the City Engineer might request to make a determination on the waiver application.

(Ord. 699, passed 1-18-22)

   Subd. 1. All projects shall be required to meet the state's national pollutant discharge elimination system (NPDES) and the state disposal system (SDS) standards for sediment control.

   Subd. 2. The rate of water run-off for post-development of any project shall be the same as pre- development rates for the same property.

   Subd. 3. Applicants/land owners may be required to provide to the city storm water calculations and surveys of drainage ways to meet these requirements in conformance to the regulations of City Code Chapter 20, Stormwater Management.

(Ord. 699, passed 1-18-22)

   Subd. 1. All projects shall be required to meet federal and state wetland protection rules, in particular Minn. Rules Ch. 8420 and 6115 (or the state's Wetland Conservation Act or as amended).

   Subd. 2. For this purpose, the following standards shall apply.

      A. The Austin Soil and Water Conservation District (SWCD) shall be the designated local government unit (LGU) administering the Wetland Conservation Act (WCA).

      B. Any proposed project/development which has a likelihood of impact on an existing wetland within the city may be required to conduct and provide to the city and/or SWCD a wetland delineation.

      C. Any proposed project/development which has the likelihood of creating a wetland (or feature which meets the definition of wetland under state standards) may be required to conduct a pre-construction survey of soils and provide to the city and/or SWCD a copy of that survey.

(Ord. 699, passed 1-18-22)

   Subd. 1. On any land or within any structure in the city where hazardous materials are used, stored or generated, the material shall be kept in a manner which complies with all county, state and federal regulations.

   Subd. 2. Applicants and land/business owners may be required to provide to the city information on use and storage of the materials prior to the issuance of any required or requested permits.

(Ord. 699, passed 1-18-22)

   Subd. 1. Purpose. In order to accommodate the renewable energy needs of residents and businesses and enhance the sustainability of local energy production and consumption, while protecting the public health, safety and general welfare of the community, the city finds that these regulations are necessary in order to:

      A. Allow property owners the opportunity to capture their on-site solar energy resource;

      B. Allow small-scale solar distributed generation that can provide support to the local electric grid;

      C. Enhance the economic use of local resources and foster the development of solar energy businesses in the city;

      D. Minimize adverse visual effects of solar energy installations through careful design and siting standards; and

      E. Encourage distributed generation that fully integrates into the municipal electric utility to protect the utility's distribution system, protection and control schemes, and maintain existing levels of safety and reliability to customers.

      A. Height. Solar energy systems must meet the following height requirements:

         1. Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district, except that for solar installations on flat roofs or roofs with minimal slope (under 10%) solar installations shall be exempt from height limitations consistent with § 11.042 Subd. 5.A.2. of this chapter. Regardless of height limitations, solar energy systems shall not extend more than three feet above the peak of a pitched roof, and shall not extend more than ten feet above the roof surface of flat roofs or roofs with minimal slope (under 10%).

         2. Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height when oriented at maximum tilt.

      B. Setback. Solar energy systems are required to meet set-back standard for the district in which the systems are located, except as provided below:

         1. Solar energy systems mounted on the primary building or garage are allowed to extend into a required side or rear yard consistent with § 11.041 Subd. 5.B. Measurements of encroachment are made from the edge of the collector or the collector support system, whichever extends nearest to the adjacent property line.

         2. For roof-mounted solar energy systems the collector surface and mounting devices shall not extend beyond the exterior perimeter of the building's roof, except as such extensions are building-integrated systems, designed to serve as an awning or canopy. Exterior piping for solar hot water systems or electrical conduit or other electric component shall be allowed to extend beyond the perimeter of the building on a side or rear yard exposure.

         3. Ground-mounted solar energy systems may be located within the rear or side yard areas, but in no case will they be less than five feet from any property line when oriented at minimum design tilt. Solar energy systems shall not be permitted in the required front yard or easement areas.

         4. Clearance to electric lines. Electric lines passing over the collector must have a minimum clearance of ten feet, or most recent standard in the National Electric Safety Code.

      C. Coverage. Ground-mounted solar energy systems are subject to accessory use coverage limitations of § 11.031 Subd. 1, except that solar energy installations shall not count toward the maximum number of accessory structures and are not required to have exterior finishes similar to the primary structure. Coverage shall be calculated as the square footage of ground under the system when at the solar energy system's minimum design tilt.

      D. Visibility. Building or roof-mounted solar energy systems shall be designed to blend into the architecture of the building, as viewed from the front public right-of-way. Solar energy systems that meet the following design standards shall be in compliance with the visibility requirements:

         1. On pitched roofs located in residential districts, the solar collectors shall not extend above the peak of the roof.

         2. On pitched roofs on a corner lot, roof-mounted systems shall be flush-mounted.

         3. The solar collector shall not extend beyond the edge of the finished roof.

         4. Building-integrated solar energy systems meet the visibility standard.

         5. Solar energy systems not meeting the above design standards shall require a conditional use permit.

      E. Approved solar components. Electric solar energy system components must have a UL listing and solar hot water systems must have an SRCC rating.

      F. Compliance with state codes. All active solar energy systems shall meet approval of the relevant code officials, consistent with the most currently adopted State of Minnesota Building Code, National Electric Code, National Electric Safety Code and Plumbing Code.

(Ord. 699, passed 1-18-22)

   Subd. 1. In general commercial, highway commercial or industrial zoning districts, or in any commercial or industrial district, sufficient space for the loading and unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the public street shall at all times be free and unobstructed to the passage of vehicular and pedestrian traffic.

 

 

   Subd. 2. All spaces shall be of at least ten by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height.

(Ord. 699, passed 1-18-22)

   Subd. 1. Adequate ingress to the parking lot shall be provided and all parking spaces shall be provided adequate access by means of maneuvering lanes. Provision of adequate ingress and egress shall receive review and the approval of the City Engineer or other officials as may be desired by the City Council.

   Subd. 2. Minimum size. Each off-street parking stall shall contain a minimum paved dimension of eight and one-half feet by 18.5 feet. Stall and aisle dimensions shall be noted below for the given angle of the stall:

 

 

   Subd. 3. The following table of parking requirements for various uses shall be applied to all new and expanded developments. Allocation of the parking areas should be indicated on the plans for obtaining required permits. Off-street parking shall be either on the same lot or within 300 feet of the building it is intended to serve measured from the nearest point of the building to the nearest point of the off-street parking lot.

 

   Subd. 4. The following standards shall apply in the calculation of spaces required for off-street parking (in all districts).

      A. When calculation of the number of required off-street parking spaces results in a fraction, the fraction shall be rounded up to the next highest number.

      B. When the number of off-street parking spaces is based on the maximum number of persons or patrons, this shall be defined by Building or Fire Code requirements.

      C. When the number of off-street parking spaces is based on the number of employees, this shall be defined by the number of employees at the facility during the largest shift regardless of full-time status.

      D. In cases where future potential uses of a building or development site will generate additional parking demand, the city may require a proof of parking plan for the difference between minimum parking requirements and the anticipated future demand.

      E. The Planning Commission may consider reducing the number of spaces required for passenger vehicles owned by the business if evidence is provided that adequate storage is being provided off-site.

   Subd. 5. The parking requirement for uses not listed in this section may be established by the city based on the characteristics of the use and available information on parking demand for such use.

   Subd. 6. The Planning Commission shall consider varying the amount, location and design requirements for parking in PUDs if a finding is made that changing standards provides adequate parking for the proposed development and better meets the goals of this chapter.

(Ord. 699, passed 1-18-22)